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HomeMy WebLinkAboutCC RES 91-088RESOLUTION N0. 91-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A HEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 14 UNIT SENIOR HOUSING PROJECT AT 73-666 AND 73-688 SANTA ROSA WAY IN THE R-3 5.0. ZONE. CASE NO. CUP 91-5 WHEREAS, the City Council of the City of Palm Desert, California, did on the llth day of July, 1991, hold a duly noticed public hearing to consider the request of RAYMOND HAAS for approval of the above mentioned project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of community development has determined that the project will not have an adverse impact on the environment; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts and reasons to exist to justify the granting of said conditional use permit: 1. The design of the project will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The project design will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. � The project design will not endanger the public peace, health, safety or general welfare. The project complies with the intent and purpose of the Senior Overlay zone and specifically implements senior housing goals contained in the Housing Element of the General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. 2. That the above recitations are true and correct and constitute the findings of the council in this case. That approval of a Negative Declaration of Environmental Impact, Exhibit "A", and CUP 91-5 are hereby approved, subject to the attached conditions. RESOLUTION N0. �_� � PASSED, APPROVED and RDOPTED at a regular meeting of the Palm Desert City Council, held on this llth day of July , 1991, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: � �' "%�/c_1� _��/ _ _ � . ATTEST: , , � i i ' % , � f / � - i �� �.��/./: f , / SHEILA R. G-�LLIGAN, C' y Clerk City of Palm Desert,; alifornia � RESOLUTION N0. 91-88 CONDITIONS OF APPROVAL CASE N0. CUP 91-5 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time 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 addi�ion to all 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 contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Palm Desert Water & Services District Evidence of said permit or clearance from the above agencies shali be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and department of community development. 6. All future occupants of the buildings shall comply with parking requirements of the zoning ordinance. 7. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 8. Project is subject to Art in Public Places fee per Ordinance No. 473. 3 RESOLUTION NO. 91-88 9. Final landscape plans shall comply with proposed August 24, 1989 parking lot tree planting master plan. 10. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. 11. Prior to issuance of a building permit the applicant shall enter into a development agreement with the City of Palm Desert providing three affordable units within the project. 12. Approval of this conditional use permit is contingent upon execution and recordation of an acceptable development agreement between the city and the property owner. 13. A deed restriction shall be added to the property limiting accupants to a minimum age of 62 years. The city shall have the ability to audit the property owner's rental records at any time to insure compliance. 14. Climate appropriate landscaping shall be used. 15. A�propriate recycling containers shall be constructed and a recycling program shall be submitted for approval to the Environmental Conservation Manager. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code, shall be paid prior to issuance of a grading permit. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. 3. Any storm drain construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. 4. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards. 4 RESOLUTION NO. 91-88 5. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. Such improvements shall include, but not be limited to, concrete sidewalk in an appropriate size and configuration and installation of city standard driveway approach. "As-built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. 6. All private driveways and parking areas shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 7. Landscaping main�enance on Santa Rosa Way shall be the responsibility of the property owner. 8. As required under Palm Desert Municipal Code, all existing utilities shall be placed underground. 9. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 10. Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachment permits by the Department of Public Works. 11. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading permit. 12. Size, number and location of driveways shall be to the specifications of the Department of Public Works with only one driveway approach to be allowed to serve this property. 13. Grading permit issuance shall be subject to a waiver of parcel map first being approved and recorded. As part of the garcel map waiver process, the applicant shall either provide for the pay-off or reapportionment of any city assessments against the subject property. � RESOLUTION NO. 91-88 14. Building pad elevations are subject to review and modification in accordance with Section 27 of the Palm Desert Municipal Code. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC and/or recognized Fire Protection Standards: The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per Uniform Fire Code Sec. 10.301C. 2. A fire flow of Z500 gpm for a 1 hour duration at 20 psi resiflual operating pressure must be available before any combustible material is placed on the job site. 3. Provide, or show there exists a water system capab2e of providing a potential gallon per minute 1500 for single family, 2500 for multifamily, and 3000 for commercial. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for two hours duration at 20 psi residual operating pressure. 4. The required fire flow shall be available £rom a Super hydrant(s) ( 6" x 4" x 2-1/2" x 2-1/2" ), located not less than 25' nor more than 200' single family, 165' multifamily, and 150' commercial from any portion of the building(s) as measu-ad along approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type. 5. A combination of on-site and off-site Super fire hydrants, (6" x 4" x 2-Z/2" x 2-1/2"), wil� be required, located not less than 25' or more than 200' single family, 165' multifamily, and 150' commercial from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 6. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange field inspection by the fire department prior to request for final inspection. G RESOLUTION NO. `31-88 ?. Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the county fire department for review. No building permit shall be issued until the water system plan has been approved by the county fire chief. Upon approval, the original will be returned. One copy will be sent to the responsible inspecting authority. Plans shall conform to fire hydran� types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed by a registered civil engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 8. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separations, or built-in fire protection measures such as a fully fire sprinklered building. Fire sprinklers will lower required fire flow to 1500 gpm. 9. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, not less than 25' from the building and within 50' of an approved hydrant. This applies to all buildings with 5000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered per NFPA 13. The building area of additional floors is added in for a cumulative total. Exempted are one and two family dwellings. 10. Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs approved by the fire marshal. 11. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire Code. Minimum state law requires smoke detectors, hard wired-battery backup. 12. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2AlOBC in rating. Fire extinguishers must not be over ?5' walking distance. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 13. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall not be less �han 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn- �ii RESOLUTZON N0. 91-$$ around (55' in industrial developments). Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. 14. The minimum width of interior driveways for multi-family or apartment complexes shall be: a. 24 feet wide when serving less than 100 units, no parallel parking, carports on each side as shown. b. 28 feet wide when serving between 100 and 300 units; carports or garages allowed on both sides, no parallel parking. c. 32 feet wide when serving over 300 units or when parallel parking is allowed on one side. d. 36 feet wide when parallel parking is allowed on both sides. 15. If gated, whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the fire department. All controlled access devices that are power operated shall have a radio-controlled over- ride system capable of opening the gate when activated by a special transmitter located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the fire department. Minimum opening width shall be 16' with a minimum vertical clearance of 13'6". One "F" frequency transmitter shall be provided to fire marshal for each gate installed. lb. Contact the fire department for a final inspection prior to occupancy. 17. All new residences/dwellings are required to have illuminated residential addresses meeting both city and fire department approval. Shake shingle roofs are no longer permitted in the cities of Indian Wells, Rancho Mirage or Palm Desert. Al1 questions regarding the meaning of these conditions should be referred to the fire department fire protection/inspection staff at phone (619) 346-1870 or Indian Wells Station 55, 44-900 E1 Dorado Drive in Indian Wells, CA 92260. 0 RESOLUTION NO. 91-8� Other: Highly recommend fire sprinklers as this would reduce fire flow and hydrant requirements. RESOLUTION NO. � -8 EXHIBIT "A" Pursuant to Title 14, Division 6, Article 7, Section 15083, o£ the California Administrative Code. NEGATIVE DECLARATION CASE NO: CUP 91-5 APPLICANT/PROJECT SPONSOR: Raymond W. Haas 73-730 Highway 111, Suite 6 Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: A 14 unit senior apartment project on a .61 acre site at 73-666 and 73-688 Santa Rosa Way. ThP �irector of the Department of Community Development, City of Palm D �, California, has found that the described project will not have a �nificant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. --� ) _..... �, '/ ' ,.XL �/ ---�-_— RA N A. AZ AT DIRECTOR OF CO MUNITY D ELOPMEIVT 10