HomeMy WebLinkAboutCC RES 99-019+,
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RESOLUTION NO. 99-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY f3F PALM
DESERT, CALIFORNIA, APPROVING A PRECISE PLAN AND
CONDITIONAL USE PERMIT FOR A HEALTH AND WELLNESS
RESORT FOR SENIORS CONSISTING OF A 161 BED SKILLED
NURSING FACILITY, 150 BED ASSISTED LIVING FACILITY, 288
VILLA UNITS AND 182 CASITA UNITS ON 75 ACRES
SOUTHWEST OF COUNTRY CLUB DRIVE AND PORTOLA
AVENUE.
CASE NO. PP/CUP 98-21
WHEREAS, the City Council of the City of Palm Desert, California, did on the 11 th
day of February, 1999, hold a duly noticed public hearing to consider the request of ROYCE
INTERNATIONAL INVESTMENTS CO. for approval of the project described above; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the Califo�nia Environmental Quality Act, Resolution
No. 97-18," in that the Director of Community Development has determined that the project
will not have a significant adverse impact on the environment and a Negative Declaration
of Environmental Impact has been prepared;
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 granting approval of said request:
1. The precise plan is consistent with the intent and purpose of the Planned
Residential zone and Senior Housing Overiay.
2. The design of the precise plan/conditional use permit will not substantially
depreciate property values, nor be materially injurious to properties or
improvements in the vicinity.
3. The precise planlconditional use permit will not unreasonably interfere with the
use or enjoyment of property in the vicinity by the occupants thereof for lawful
purposes.
4. The precise plan/conditional use permit will not endanger the public peace,
health, safety or general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Council in this case.
RESOLUTION NO. 99-19
2.
3.
That approval of Precise Plan/Conditional Use Permit 98-21 is hereby granted,
subject to the attached conditions.
That a Negative Declaration of Environmental Impact, Exhibit A attached, is
hereby certified.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 11 th day of February , 1999, by the following vote, to wit:
AYES: Benson, Crites, Ferguson, Kelly, Spiegel
NOES: None
ABSENT: None
ABSTAIN: None
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SAEILA R.`��UGAN, C�ytyfClerk
City of Palm Desert, C lif rnia
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RESOlUT10N NO. 99-19
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CONDITIONS OF APPROVAL
CASE NO. PP/CUP 98-21
Deaartment of Community Development:
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1. The development of the property shall conform substantially with exhibits on file wrth
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 addition 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:
Caachella Valley Water District
Palm Desert Architectural Commission
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented to
the department of building and safety at the time vf issuance of a building permit for
the use contempiated 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 and shall include a recycling program.
6. Each villa and casita unit shall have designated a parking space under a carport.
7. Oleanders behi�d Casablanca shall be preserved until site soil has been stabilized as
determined by the Director of Community Development.
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RESOLUTION N0.49-19
8. Project is subject to Art in Public Places program per Palm Desert Municipal Cade
Chapter 4.10. Method of compliance shall be established prior to completion of the
Architecturat Review Commission process.
9. 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. The final landscape
plan shall include a long-term maintenance program specifying among other matters
appropriate watering times, fertilization and pruning for various times of the year for
the specific materials to be planted, as well as periodic replacement of materials. All
to be cansistent with the Property Maintenance Ordinance (Ordinance No. 801) and
the approved landscape plan.
10. Project shall be subject to the 5600/acre Coachella Valley Fringe Toed Lizard
mitigation fee. In addition, project shall pay a special fee of 56,000 toward
mitigation of habitat destruction of other species of concern included in the Coachella
Valley Multiple Species Habitat Conservation Plan.
71. Parking spaces for skilled nursing facility shal! be relocated where they conflict with
fire access road.
Department of Public Works:
1. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and
Ordinance No. 653 shalt be paid prior to issuance of any permits associated with this
project.
2. Drainage facilities shall be provided in accordance with Section 26.49 of the Palrn
Desert Municipal code and the Master Drainage Plan. Drainage facility construction
required for this project shall be contingent upon a drainage study prepared by a
registered civic engineer that is reviewed and approved by the Department of Public
Works priar to start of construction. The project shafl utilize existing off-site drainage
facilities as may be apprapriate for project drainage.
3. Signalization fees, in accordance with City of Palm Dese�t Resolution Nos. 79-17 and
79-55, shall be paid prior to issuance of any permits associated with this project.
The costs associated with the modification of the existing Country Club Drive/project
entry traffic signal system may be used as a credit against the subject signalization
fees. Such credit would be subject to approval by the Palm Desert City Council.
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RESOLUTION N0.99-19
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4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF►.
Payment of said fees shall be at the time of building permit issuance.
5. 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 a grading permit.
6. Applicant shall comply with the provisions of Municipal Code Section 24.08,
Transportation Demand Management.
7. Any and a!I offsite improvements shall be preceded by the approval of plans and the
issuance of valid encroachment permits by the Department of Pubtic Works.
8. 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 to be
approved by the Public Works Department and a surety posted to guarantee the
installation of required offsite improvements prior to permit issuance.
9. All public and private improvements shall be inspected by the Department of Public
Works and a standard inspection fee shall be paid prior to issuance of any permits
associated with this project.
10. In accordance with the Circulation Network of the Palm Desert General Plan,
installation of a median island in Country Club Drive shall be provided. Landscape
treatment shall be water efficient in nature and shall be in accordance with the City
of Palm Desert landscape design standards. Landscaping maintenance for the
required median island shall be provided through a property owners association.
Applicant shall be responsible for executing a declaration of Conditions, Covenants
and Restrictions, which deciaration shalf be approved by the City of Palm Desert and
recorded with the County Recorder. The declaration shall specify: (a) the applicant
shall oversee the formation of a property owners association; (b) the property owners
association shall be formed prior to the recordation of the Parcel Map; and (c) the
aforementioned landscaping shall be the responsibility of the property owners
association.
1 1. Landscape installation on the property frontages shall be water efficient in nature and
maintenance shall be provided in the same manner specified above.
12. Applicant shall comply with the provisions ot Municipal Code Section 24.12, Fugitive
Dust Control and Sectian 24.20 Stormwater Management and Discharge Control.
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RESOLUTION N0.99_19
13. The location and permitted movements of alt project entry points shall be subject to
the review and approval of the Director of Public Works and shall include right turn
only ingress/eg�ess for the Partola Avenue access points and full access (with traffic
signai) for the Country Club Drive access point.
14. In accvrdance with Palm Desert Municipal Code Section 26.44, complete grading
plans/site improvement plans and specifications shall be submitted to the Director of
Public Works for checking and approval prior to issuance of any permits, In addition
to all standard engineering design parameters, the plan shall address appropriate
circulation-related issues with the improvement of interior streets based on residential
street standards in accordance with Section 26.40 of the Palm Desert Municipal
Code.
15. 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
and the city's Circulation Network. Specific project relaied offsite/onsite
improvements shall include, but not be limited to the following:
* Construction of curb, gutter and paving as well as sidewalk in an
appropriate size and configuration along both the Country Club Drive
and the Portola Avenue project frontages.
* Construction of acceleration/deceleration lanes for the Country Club
Drive and northerly Portola Avenue project entries.
* Construction of transit facilities in accordance with Sunline Transit
Agency specifications including a custom non-advertising bus shelter
consistent with project architecture.
* Modification of existing traffic signal at the Country Club Drive entry for
project entrylexit including interconnect to existing signats to the east
and west and provisions for cost sharing (25%) for future energy and
maintenance costs. -
Rights-of-way as may be necessary for the construction of required public
improvements shall be provided prior to the issuance of any permits associated with
the project.
16. Traffic safety striping on Country Club Drive, Portola Avenue and the proposed
interior streets shall be provided to the specifications of the Director of Public Works.
A traffic control plan rr�ust be submitted to, and approved by, the Director of Public
Works prior to the placement of any pavement markings.
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RESOLUTION NO. 99-19
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17. Proposed building pad elevations are subject to review and modification in accordance
with Chapter 27 of the Pa{m Desert Municipal Code.
18. Prior to start of construction, the applicant shall submit a Waiver of Parcel Map
application for lot line adjustment.
19. As required under the Palm Desert Code, all existing overhead utilities shall be
converted to underground in accordance with the respective utility company
recommendation.
20. Prior to start of construction, the applicant shall submit satisfactory evidence to the
Director of Public Warks of intended compliance with the National Pollutant Discharge
Elimination (NPDES) General Permit (Permit # CAS0000021 for storm water
discharges associated with construction activity.
Riverside County Fire Department:
1. With respect to the conditions of approval rega�ding the above referenced plan check,
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 al{ comrmerciaf buildings per California Fire Code Sec. 10.301 C.
2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure
must be available before any combustible materials are placed on the job site.
3. Provide, or show there exists, a water system capable of praviding a potential gallon
per minute flow of 2500 for multi-family and 3000 gpm for assisted living and skilled
nursing. 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 PSt residual operating
pressure.
4. The required fire flow shaN be avaiiable from a Super hydrantls) (6"x4"x2-1/2"x2-
1/2"j, located not less than 25' no� more than 150' from any portion of the
building(s) as measured along approved vehicular travelways. Hydrants installed
below 3000 feet elevation shall be of the "wet barrel" type.
5. Provide written certification from the approp�iate water company having jurisdiction
that hydrant(s) will be installed and will produce the required fire flow.
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RESOLUTION N0.99-19
6. Instal( 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
3000 square feet o� 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 famify
dwellings. NFPA 13R will not be recognized on any buildings.
7. Install a fire alarm (water flow) as required by the Uniform Building Code 3803 for
sprinkler system. Install tamper alarms on all supply and control valves for sprinkler
systems.
8. 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.
9. Install a fire alarm as required by the California Building Code and/ or California Fire
Code. Minimum requirements is UL central station monitoring of sprinkler systems
per NFPA 71 and 72. Alarm plans ars requires for all UL central station monitored
systems and systems where any interior devices are required or used. (UFC Sec.
14.103 (a)1
10. Install portable fire extinguishers per NFPA, Pamphlet # 10, but not less than
2A10BC in rating. Fire extinguishers must not be over 75 feet walking distance. In
addition to the above, a 40BC extinguisher is required for commercial kitchens.
1 1. Instalt a Hood/Duct automatic fire extinguishing system if operating a commercia!
kitchen incfuding, but not limited to, deep fryers, grills, charbroilers or other
apptiances which produce grease laden vapors or smoke. NFPA 96, 17, 17a.
12. All buildings shall be accessible by an all-weathe� �oadway extending to within 150'
of all portions of the exterior walls of the first story. The roadway shall be not less
than 24' of unobstructed width and 13'6" of verticat ciearance. Where parallet
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-around (55' in industrial developmentsy. 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.
13. Whenever access into a private property is controlled through use of gates, barriers,
guard house 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 Knox Box over-ride system
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RESOLUTION N0.99-19
capable of opening the gate when activated by a special key located in emergency
vehicles. All controlled access devices that are not power operated shall atso be
approved by the fire department. Minimum opening width hall be 16' with a
minimum vertical clearance of 13'6".
14. This project may require licensing and/or review by State agencies. Applicant should
prepare a letter of intent detailing the proposed usage to facilitate case review.
Contact should be made with the Office of the State Fire Marshal (818-960-6441)
for an opinion and a classification of occupancy type. This information and a copy
of the letter of intent should be submitted to the Fire Department so that proper
requirements may be specified during the review process. Typically this applies to
educational, day care, institutional, health care, etc.
15. All new residences/dwellings are required to have illuminated residential addresses
meeting both City and Fire Department approval. Shake shingle roofs are no longe�
permitted in the cities of Indian Wells, Rancho Mirage or Patm Desert.
16. Commercial buildings shall have illuminated addresses of a size approved by the city.
17. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately for approval prior to construction. Subcontractors should
contact the Fire Marshal's office for submittal requirements.
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RESOLUTION NO. 99-19
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6(commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NO: PP/CUP 98-21
APPLICANT/PROJECT SPONSOR: Royce International Investments Co.
Michael G. LaMelza
249 Las Entradas Drive
Santa Barbara, CA 93108
PROJECT DESCRIPTiON/LOCATION:
A precise plan and conditional use permit for a health and wellness resort for seniors
consisting of a 161-bed skilled nursing facility, 150 bed assisted living facility, 288 villa
units and 182 casita units on 75 acres southwest of Country Club Drive and Portola
Avenue.
The Director of the Department of Community Development, City of Palm Desert, California,
has found that the described project will not have a significant 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.
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PHILIP DRELL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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