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HomeMy WebLinkAboutRes No 27671 1 1 PLANNING COMMISSION RESOLUTION NO. 2767 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO PRECISE PLAN 13-279 TO MODIFY THE ENTITLEMENTS BY REMOVING EIGHT 12- PLEX BUILDINGS AND REPLACING THEM WITH 30 NEW SINGLE- FAMILY HOMES ON LOT 1 OF TRACT MAP 36404 WITHIN VILLA PORTOFINO; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: PP 13-279 AMENDMENT NO. 1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of December 2019, hold a duly noticed public hearing to consider the request by Palm Desert Property Ventures 2, LP for approval of the above -noted; 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, further environmental review is necessary. In this case, the Villa Portofino project was subject to a comprehensive CEQA review at the time it was initially approved in 1998. Since that time, the project has been under construction. The current approvals merely reaffirm the prior approvals and do not change them in any material way. Staff has reviewed the prior CEQA analysis and current conditions and confirmed that there are no changes in circumstances or the project that would warrant additional CEQA review at this time. As it is clear that the reaffirmation of prior approvals will not have any significant effect on the environment, the project is categorically exempt from further environmental analysis; and WHEREAS, the proposed project conforms to the original development standards for the project known as Villa Portofino; and WHEREAS, the project is consistent with the City's Zoning Ordinance by providing senior residential units within a senior residential zone; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons, which are outlined in the staff report reasons to approve the said request: NOW, THEREFORE, BE IT RESOLVED 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 for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby approve PP 13-279 Amendment No.1, subject to the conditions of approval. PLANNING COMMISSION RESOLUTION NO. 2767 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 3rd day of December 2019, by the following vote, to wit: AYES: GREENWOOD and GREGORY NOES: PRADETTO ABSENT: DE LUNA and HOLT ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 Ari_RON R taRi', tI11 February 2009 PLANNING COMMISSION RESOLUTION NO. 2767 1 CONDITIONS OF APPROVAL CASE NO. PP 13-279 AMENDMENT NO.1 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. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District City Fire Marshal Public Works 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. 3. All conditions of approval from Resolution 2012-67 shall comply. 4. The project is still subject to paying the affordable housing in -lieu fee of $1,166 a unit for the remaining 66 units that will not be constructed. 5. Applicants 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. The defense obligation is described in more detail in the Amended and Restated Development Agreement. 6. The applicant shall submit front yard landscaping typicals to the Planning Division for review and approval. BUILDING AND SAFETY DEPARTMENT: 7. 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 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. 2016 California Administrative Code. I. 2016 California Fire Code and its appendices and standards. 8. The applicant shall provide a building area analysis to determine compliance with CBC Section 503. Justify any area increases to the area as permitted per CBC Section 506. 3 February 2009 PLANNING COMMISSION RESOLUTION NO. 2767 9. Submit an exit plan that labels and clearly will show compliance with all required egress features such as, but not limited to, common path of travel, the required number of exits and separation, occupant load, required width, continuity, travel distance, elevators, etc. CBC 1001.1. 10. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B- 206) 11. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Department of Building and Safety. 12. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per PDMC, Title 5. 13. 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. 14. 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. 15. Please contact the Department of Building & Safety Building at (760) 776-6420 regarding the addressing of all buildings and/or suites. PUBLIC WORKS DEPARTMENT: Prior to obtaining a grading permit: 16. 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. 17. The applicant shall submit a PM10 application for approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 18. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 19. The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55. 4 February 2009 PLANNING COMMISSION RESOLUTION NO. 2767 1 20. The applicant shall pay Park fees in accordance with Palm Desert Municipal Code Section 26.48.060. 21. 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 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. 22. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. FIRE DEPARTMENT: 23. 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 that are in force at the time of building plan submittal. 24. 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. 25. Fire Department's 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. 26. 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. 5 February 2009