HomeMy WebLinkAboutRes No 27361
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PLANNING COMMISSION RESOLUTION NO. 2736
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, CONSIDERING A RECOMMENDATION TO THE
CITY COUNCIL FOR APPROVAL OF A CHANGE OF ZONE, A PRECISE
PLAN OF DESIGN, AND A TENTATIVE PARCEL MAP (TPM) TO
CONSTRUCT A SENIOR LIVING PROJECT OF 164 UNITS, INCLUDING A
CLUBHOUSE BUILDING LOCATED AT 74-300 COUNTRY CLUB DRIVE;
AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
CASE NO: PP/CZ 18-0003 AND TPM 37512
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of September 2018, hold a duly noticed public hearing to consider the request
by The Wolff Company, for a recommendation to the City Council for approval of the above -
noted project request; and
WHEREAS, the Architectural Review Commission of the City of Palm Desert,
California, did on the 26th day of June 2018, hold a public hearing to consider the request by
The Wolff Company, and recommended approval of the above -noted project request; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the City
must determine whether a proposed activity is a project subject to CEQA. If the project is
subject to CEQA, staff must conduct a preliminary assessment of the project to determine
whether the project is exempt from CEQA review. If a project is not exempt, a further
environmental review is necessary. The application has complied with the requirements of
the "City of Palm Desert Procedure for Implementation of the California Environmental Quality
Act," Resolution No. 2015-75, in the Director of Community Development has determined that
the project will not have a negative impact on the environment and that a Mitigated Negative
Declaration can be adopted; and
WHEREAS, the proposed project conforms to the Subdivision Map Act; and
WHEREAS, the project conforms with the Planned Residential (PR-20) zone and with
the allowed 20 dwelling units per acre; and
WHEREAS, the project establishes a land use pattern that provides upscale housing,
as well as open space and recreation uses. The high -quality architectural design with the
upscale amenities is compatible within the PR zone; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the Planning Commission
did find the following facts and reasons, which are outlined in staff report, exist to justify the
recommendation to the City Council for approval of said request:
PLANNING COMMISSION RESOLUTION NO. 2736
FINDINGS FOR APPROVAL:
1. That the density of the proposed subdivision is consistent with applicable general and
specific plans.
The property is designated Employment (E) within the General Plan. The designation
allows office, commercial, and multi -family with open space provided throughout the
project as key gathering spaces. Buildings can be up to three stories. The proposed
project falls within the intent of the purpose of the E designation by providing multi -senior
housing with open space areas.
A goal of the City is to provide a balanced range of housing types, densities that
accommodate existing and future residents across all socioeconomic sectors of the
community. The project complies with the General Plan and the density is consistent with
the surrounding area and with the proposed change of zone of 20 dwelling units per acre
(du/acre). There is no specific plan for the subject property.
2. That the design or improvement of the proposed subdivision is consistent with applicable
general and specific plans.
The design and improvements of the proposed subdivision have been reviewed by the
Planning Department, Economic Development, Fire Department, and Public Works
Department for consistency with the General Plan and emergency services. The street
and utility improvements, circulation patterns, and drainage improvements meet all
requirements of the General Plan. All existing perimeter streets are in conformance with
the General Plan and minor road work to enlarge an existing median within Country Club
Drive is needed. All internal project streets that serve Tentative Parcel Map 37512
conform to City standards and are consistent with adjoining residential developments.
There are no specific plans for the property.
3. That the site is physically suitable for the type of development.
The 8.4 acres is suitable for the development proposed. Environmental and traffic studies
were prepared for the project area. No environmental or traffic concerns were identified
that would indicate that development in this area would be unsuitable. In addition, existing
commercial and residential developments have successfully constructed similar types of
development in the immediate vicinity. No obstacles to the development of surrounding
subdivisions were experienced and, due to the proximity and similarity of the proposed
development, it's reasonable to conclude that the site is physically suitable for it. The
property is suitable for the proposed development as conditioned and mitigated as
described in Environmental Assessment.
4. That the site is physically suitable for the proposed density of development.
As proposed, the site layout and density are consistent with surrounding development.
The property allows for five du/acre, and the project has a density of 19.5 du/acre. The
applicant is requesting a change of zone to 20 du/acre, which will support the proposed
development. Over the years, the City Council has rezoned numerous PR parcels from
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PLANNING COMMISSION RESOLUTION NO. 2736
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five du/acre to 20.and 22 du/acre in the surrounding area. The City also approved similar
residential projects such as The Vineyards with a density of 17.5 du/acre.
The request for the change of zone meets the intent of the PR zone by providing a mixture
of residential densities in the surrounding area. The building density would not adversely
impact any adjacent properties since the bulk of the development is located adjacent to
Desert Willow Golf Course and away from public views. The change of zone is necessary
to carry out the vision of an upscale senior project.
5. That the design of the subdivision and the proposed improvements are not likely to cause
substantial environmental damage or substantially and unavoidably injury to fish or wildlife
or their habitat.
For purposes of CEQA, a Mitigated Negative Declaration of Environmental Impact has been
prepared. The design of the project will not cause substantial environmental damage or
injure fish or wildlife or their habitat since the surrounding area has been developed with
similar land uses and a golf course. Environmental studies performed at the site did not
identify any endangered or sensitive species. In addition, the project will pay into the
Coachella Valley Multi -Species Habitat Conservation fund for the development of raw land.
6. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
The design and layout of the 165 senior units are in compliance with all grading
requirements and the properties will be developed in accordance with the Uniform
California Building Code. Grade changes in the community are accommodated by the
street layout and open space provided throughout the subdivision. Pedestrian access is
provided along Country Club Drive, which decreases the need for vehicular traffic
between adjoining properties.
7. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision.
The proposed project will construct a combination above and below ground water
infiltration system for the project. The parcel map identifies the use of this area, and the
applicant is responsible for the maintenance of the retention. Surrounding perimeter City
streets are built -out to the General Plan designation and the developer will complete minor
improvements along Country Club Drive.
NOW, THEREFORE, BE IT ORDAINED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
Planning Commission in this case.
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PLANNING COMMISSION RESOLUTION NO. 2736
2. That the Planning Commission does hereby recommend to the City Council approval
of the Change of Zone, Mitigated Negative Declaration of Environmental Impact,
Precise Plan of design, and Tentative Parcel Map 37512 as proposed.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 18t" day of September 2018, by
the following vote, to wit:
AYES: DE LUNA, HOLT, and PRADETTO
NOES: NONE
ABSENT: GREENWOOD and GREGORY
ABSTAIN: NONE
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
(JO EPH PRADETTO, CHAIRMAN
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PLANNING COMMISSION RESOLUTION NO. 2736
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CONDITIONS OF APPROVAL
CASE NOS: PP/CZ 18-0003 and TPM 37512
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file with the
Department of Community Development, as modified by the following conditions.
2. The applicant shall record Parcel Map 37512 within two (2) years of project approval.
Construction of improvements, in accordance with the approved project, shall commence
within two (2) years from the date of approval unless a time extension is granted;
otherwise, said approval shall become null, void and of no effect whatsoever.
3. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein which are in addition to the approved project and all Palm Desert
Municipal ordinances and state and federal statutes now in force, or which hereafter may
be in force.
4. Prior to issuance of a building permit for construction of any use or structure
contemplated by this approval, the applicant shall first obtain permits and/or clearance
from the following agencies:
Coachella Valley Water District (CVWD)
Public Works Department
Fire Department
Evidence of said permit or clearance from the above agencies shall be presented to the
Department of Building & Safety at the time of issuance of a building permit for the use
contemplated herewith.
5. A cultural resources inventory shall be completed by a qualified archeologist prior to any
development activities within the project area.
6. If the presence of cultural resources is identified in the cultural resources inventory, an
approved Native Cultural Resource Monitor shall be on site during ground disturbing
activities.
7. Should human remains be discovered during the construction of the proposed project,
the project coordinator will be subject to either the state Law regarding the discovery and
disturbance of human remains or the Tribal burial protocol. In either circumstance, all
destructive activity in the immediate vicinity shall halt and the County Coroner shall be
contacted pursuant to State Health and Safety Code 7050.5. If the remains are
determined to be of Native American origin, the Native American Heritage Commission
(NAHC) shall be contacted. The NAHC will make a determination of the Most Likely
Descendent (MLD). The City and Developer will work with the designated MLD to
determine the final disposition of the remains.
8. All sidewalk plans shall be reviewed and approved by the Department of Public Works.
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PLANNING COMMISSION RESOLUTION NO. 2736
9. The applicant shall defend,.indemnify and hold harmless the city against any third party
legal challenge to these approvals, with counsel chosen by the City at applicant's
expense.
10. The project shall have a density of 20 dwelling units per acre.
11. An alternative to providing affordable, low-income, moderate -income or any other
subsidized or inclusionary housing, the developer will pay an Affordable Housing Fee of
$9.86/net rentable square -foot totaling $1,350,000.
12. Lighting plans shall be submitted in accordance with Palm Desert Municipal Code
(PDM.C) Section 24.16 for any landscape, architectural, street, or other lighting types
within the project area.
13. The findings in the CEQA Mitigated Negative Declaration of Environmental Assessment
shall be incorporated into the planning, design, development, and operation of the
project.
14. Final landscape plans shall be submitted to the City's Department of Community
Development and the CVWD for review and approval. The landscape plan shall conform
to the landscape palate contained in the preliminary landscape plans prepared as part of
this application, and shall include dense plantings of landscape material. All plants shall
be a minimum of five gallons in size, and trees shall be a minimum of 15- and 24-inch
box sizes.
DEPARTMENT OF PUBLIC WORKS:
Prior to recordation of the parcel map:
15. The parcel map shall be submitted to the City Engineer for review and approval.
16. Easements for drainage, pedestrian, and public utility purposes shall be provided as
needed on the final parcel map.
17. Pad elevations, as shown on the tentative map, are subject to review and modification in
accordance with Chapter 27 of the PDMC.
18. The applicant shall pay the appropriate signalization fee in accordance with City of Palm
Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section
26.49 of PDMC and Palm Desert Ordinance Number 653.
19. In accordance with PDMC Section 26.48.060, the applicant shall pay the park fees prior
to the recordation of the tract map.
Prior to the issuance of a grading permit:
20. The applicant shall submit a grading plan to the Department of Public Works for review
and approval. Any changes to the approved civil or landscape plans must be reviewed for
approval prior to work commencing.
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PLANNING COMMISSION RESOLUTION NO. 2736
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21. The applicant shall submit a .PM10 application for approval. The applicant shall comply
with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control.
22. The applicant shall abide by all provisions of the City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
23. The applicant shall submit a final Water Quality Management Plan (WQMP) for review
and approval. The WQMP shall identify the Best Management Practices (BMPs) that will
be used on the site to control predictable pollutant runoff. Prior to the issuance of a
grading permit, the Operation and Maintenance Section of the approved final WQMP
shall be recorded with County's Recorder Office and a conformed copy shall be provided
to the Public Works Department.
24. The applicant shall enter into an agreement and post security, in a form and amount
acceptable to the City Engineer, guaranteeing the construction of all off -site
improvements. Plans shall be submitted for review and approval prior to construction.
Improvements shall include, but are not limited to:
A. The construction of a new landscaped median on Country Club Drive.
B. The extension of an existing median on Country Club Drive.
C. The construction of driveways on Country Club Drive.
25. Pad elevations, as shown on the tentative map, are subject to review and modification in
accordance with Chapter 27 of the PDMC.
26. Project access will be limited to a left -turn in and a right -turn out of the project.
BUILDING AND SAFETY DEPARTMENT:
27. This project shall comply with the latest adopted edition of the following codes.
A. 2016 California Building Code and its appendices and standards.
B. 2016 California Residential Code and its appendices and standards.
C. 2016 California Plumbing Code and its appendices and standards.
D. 2016 California Mechanical Code and its appendices and standards.
E. 2016 California Electrical Code.
F. 2016 California Energy Code.
G. 2016 California Green Building Standards Code.
H. Title 24 California Code of Regulations.
I. 2016 California Fire Code and its appendices and standards.
28. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1265.
29. An accessible access overlay of the precise grading plan is required to be submitted to
the Department of Building and Safety for plan review of the site accessibility
requirements as per 2013 CBC Chapters 11 A & B (as applicable) and Chapter 10.
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PLANNING COMMISSION RESOLUTION NO. 2736
30. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-
206)
31. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-
705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA
requirement is more restrictive than the State of California, the ADA requirement shall
supersede the State requirement.
32. All common use facilities, areas, amenities, etc. are required to comply with Chapter 11 B
of the California Building Code.
33. Public pools and spas must be first approved by the Riverside County Department of
Environmental Health and then submitted to Department of Building and Safety. Pools
and Spas for public use are required to be accessible.
34. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per PDMC, Title 5.
35. All contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
36. Address numerals shall comply with Palm Desert Ordinance No. 1265 (PDMC 15.28.
Compliance with Ordinance 1265 regarding street address location, dimension, a stroke
of line, distance from the street, height from grade, height from the street, etc. shall be
shown on all architectural building elevations in detail. Any possible obstructions,
shadows, lighting, landscaping, backgrounds or other reasons that may render the
building address unreadable shall be addressed during the plan review process. You
may request a copy of Ordinance 1265 or Municipal Code Section 15.28 from the
Department of Building and Safety counter staff.
FIRE DEPARTMENT:
37. Fire Department Plan Review. Final fire and life safety conditions will be addressed when
building plans are reviewed by the Fire Prevention Bureau. These conditions will be
based on occupancy, use, the California Building Code (CBC), California Fire Code
(CFC), and related codes which are in force at the time of building plan submittal.
38. The project may have a cumulative adverse impact on the Fire Department's ability to
provide an acceptable level of service. These impacts include an increased number of
emergency and public service calls due to the increased presence of structures, traffic,
and population. The project proponents/developers will be expected to provide for a
proportional mitigation to these impacts via capital improvements and/or impact fees.
39. Fire Department emergency vehicle apparatus access road locations and design shall
be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and
Riverside County Fire Department Standards. Plans must be submitted to the Fire
Department for review and approval prior to building permit issuance.
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40. Fire Department water system(s) for fire protection shall be in accordance with the
California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire
Department Standards. Plans must be submitted to the Fire Department for review and
approval prior to building permit issuance.
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