HomeMy WebLinkAboutCC RES 99-064.
RESOLUTION NO. 99-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A PRECISE PLAN AND
CONDITIONAL USE PERMIT FOR A 76 UNIT SENIOR (AGE 62
AND OLDER) APARTMENT PROJECT ON 3.38 ACRES ON THE
WEST SIDE OF CALIFORNIA AVENUE SOUTH OF NEW YORK
AVENUE, 77-080 CALIFORNIA AVENUE.
CASE NO. PP/CUP 99-6
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WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th
day of June, 1999, hold a duly noticed public hearing to consider the request of RAYMOND
T. TROLL 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 California Environmental Quality Act, Resolution
No. 97-18," in that the Director of Community Developrnent 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 R-2 4,000
zone district and Senior Housing Overlay.
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 plan/conditional 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 tT RESOLVED by the City Council of the City of Palm Desert,
California, as follows:
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1. That the above recitations are true and correct and constitute the findings of
the Council in this case.
RESOLUTION NO. 99-64
2. That approval of Precise Plan/Conditional Use Permit 99-6 is hereby granted,
subject to the attached conditions.
3. 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 24th day of June , 1999, by the following vote, to wit:
AYES: Benson, Crites, Ferguson, Kelly, Spiegel
NOES: None
ABSENT: None
ABSTAIN: None
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SHEILA R.--�.rLLIGAN,�jity Clerk
City of Palm Desert,��lifornia
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RESOLUTION NO. 99_64
CONDITIONS OF APPROVAL
CASE NOS. GPA 99-1, C/Z 99-1, PP/CUP 99-6
Department of Community Develoament:
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. 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:
Coachella 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 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 and shall include a recycling program.
6. Project is subject to Art in Public Places program per Palm Desert Municipal Code
Chapter 4.10. Method of compliance shall be established prior to completion of the
Architectural fieview Commission process.
7. 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
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RESOLUTION NO. 99-64
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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 othe� 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 consistent with the Property Maintenance Ordinance (Ordinance No. 801) and
the approved landscape plan.
8. That the appticant shall pay the Coachella Valley Fringe-Toed Lizard Mitigation Fee
($100 per acre) and that the applicant shall agree to pay appropriate mitigation fees
for the milk vetch and other threatened o� endangered plant and animal species. Said
mitigation fee to be as prescribed in the final adopted Multi Species Habitat
Conservation Plan 1MSHCP) which is being prepared through CVAG. Total Fringe
Toed Lizard mitigation fee and MSHCP mitigation shall not exceed S 1,200.00 per
acre.
9. That the project shall operate consistent with the p�ovisions of a development
agreement which must be adopted by the City Council, otherwise this approval shall
be null and void.
10. That the plan be amended to provide a minimum of one (1) covered parking space per
unit.
Deoartment of Public Works:
11. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code
and Palm Desert Ordinance Number 653, shall be paid prior to permit issuance.
12. Storm drain/retention area design and 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 prior to start of construction.
13. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and
79-55, shall be paid prior to permit issuance.
14. 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.
15. As required under Palm Desert Municipal Code Section 26.28, and in accordance with
Sections 26.40 and 26.44, complete improverrient plans and specifications shall be
submitted to the Director of Public Works for checking approval before construction
of any improvements is commenced. Offsite improvement plans to be app.roved by
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RESOLUTION NO. qq_64
the Public Works Department and a surety posted to guarantee the installation of
required offsite improvements prior to permit issuance. Such offsite improvements
shall include, but not be limited to, main project entry and secondary access
improvements and the construction of a concrete sidewalk in an appropriate size and
configuration.
16. All public improvements shall be inspected by the Department of Public Works and
a standard inspection fee shall be paid prior to issuance of grading permits.
17. Landscaping maintenance on California Drive shall be provided by the property owner.
Subject landscaping shall be drought tolerant in nature.
18. In accordance with Palm Desert Municipal Code Section 26.44, complete grading
pfans and specifications shall be submitted to the Director of Public Works for
checking and approval prior to issuance of any permits.
19. Any and all offsite improvements shall be preceded by the approval of plans and the
issuance of valid encroachment permits by the Department of Public Works.
20. 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.
21. Building pad elevations are subject to review and modification in accordance with
Chapter 27 of the Palm Desert Municipal Code.
22. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12,
Fugitive Dust Control.
Riverside County Fire Department:
23. With respect to the conditions of approval regarding the above referenced plan check,
Fire Department recommends the following fire protection measures be provided in
accordance with City Municipal Codes, appropriate NFPA Standards, 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 California Fire Code Sec. 10.301 C.
24. 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.
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RESOLUTION N0.99-64
25. Provide, or show there exists, a water system capable of providing a potential gallon
per minute flow of 2500 for multifamily. 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.
26. The required fire flow shall be available from a Super hyd�ant(s) (6"x4"x2-1 /2"x2-
1/2"), Iocated not tess than 25' nor more than 165' multifamily from any portion of
the buildinglsl as measured along approved vehicular travelways. Hydrants installed
below 3000' elevation shall be of the "wet barrel" type.
27. 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.
28. 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
3000 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.
29. 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.
30. 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.
31. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire Code.
Minimum requirement is UL central station monitoring of sprinkler system per NFPA
71 and 72. Alarm plans are required for all UL central station rnonitored systems,
systems where any interior devices are required or used. (U.F.C. 14-1031a))
32. 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 commerciat kitchens.
33. 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 be not less
than 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'
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RESOLUTION NO. 99-64
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 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.
34. The minimum width of interior driveways for multifamily or apartment complexes
shall be:
a. 24 feet wide when serving less than 100 units, no parallel parking, carports
or garages allowed on one side only.
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.
35. 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 Departrnent. All controlled
access devices that are power operated shall have a Knox Box over-ride system
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 also be
approved by the Fire Department. Minimum opening width shall be 16' with a
minimum vertical clearance of 13'6".
36. A dead end single access over 500' in length will require a secondary access,
sprinklers or other mitigative measure approved by the Fire Marshal. Under no
circumstances shall a single dead end access over 1300 feet be accepted.
37. 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.
38. 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.
39. Must provide 20' fire lane access to within 150' of all sides of Buildings 2 and 3.
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RESOLUTION NO. 99-64
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6(commencing with section 15070) of the
California Code of Regulations. �
NEGATIVE DECLARATION
CASE NOS: GPA 99-1, C/Z 99-1 and PP/CUP 99-6
APPLICANT/PROJECT SPONSOR: Raymond T. Troll
2323 N. Tustin Avenue, #F
Santa Ana, CA 92705
PROJECT DESCRIPTION/LOCATION: A 76 senior (age 62 and older) apartment project on
3.38 acres on the west side of California Avenue, south of New York Avenue, 77-080
California 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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DIRECTOR OF COMMUNITY DEVELOPMENT
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