HomeMy WebLinkAboutCC RES 00-005RESOLUTION NO. 00-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PRECISE
PLAN AND CONDITIONAL USE PERMIT FOR A 250-UNIT
CONTINUING CARE RETIREMENT (AGE 62 YEARS AND
OLDER) COMMUNITY ON 10.3 ACRES ON THE WEST SIDE
OF FAIRHAVEN DRIVE SOUTH OF PARKVIEW DRIVE, 72-
755 PARKVIEW DRIVE.
CASE NO. PP/CUP 99-7
WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th
day of December, 1999, hold a duly noticed public hearing to consider the request of
PEARL INDUSTRIES, INC. for approval of the project described above; and
WHEREAS, the Planning Commission has recommended approval by its Resolution
No. 1958; 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 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; 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 granting approval of said request:
1 The precise plan is consistent with the intent and purpose of the PR-7 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.
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RESOLUTION NO.00-o5
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.
2. That approval of Precise Plan/Conditional Use Permit 99-7 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 this 13th day of January , Z000, by the following vote, to wit:
AYES: Benson, Kelly, Spiegel, Crites
NOES: Ferguson
ABSENT: None
ABSTAIN: None
ATTEST:
Rachelle D. Klassen, Acting City Clerk
City of Palm Desert, California
2
a`,/:1&,/
BUFO D A. CRITES, Mayor
RESOLUTION NO. 00-05
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 99-3, C/Z 99-2, PP/CUP 99-7 and DA 99-3
APPLICANT/PROJECT SPONSOR: Pearl Industries, Inc.
66 Alviso Drive
Camarillo, CA 93010
PROJECT DESCRIPTION/LOCATION: A 250-unit continuing care senior(age 62 and
older) retirement community on 10.3 acres on the west side of Fairhaven Drive south of
Parkview Drive, 72-755 Parkview Drive.
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.
t%/3JOG
PHILIP DELL / DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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RESOLUTION NO. 00-05
CONDITIONS OF APPROVAL
CASE NOS. GPA 99-3, C/Z 99-2, PP/CUP 99-7
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. 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 Review Commission process.
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RESOLUTION NO. 00-05
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 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 consistent with the
Property Maintenance Ordinance (Ordinance No. 801) and the approved
landscape plan.
8. That the project shall operate consistent with the provisions of a development
agreement which must be adopted by the City Council, otherwise this approval
shall be null and void.
9. That the applicant file necessary map(s) to consolidate the property into no
more than two Tots so that the buildings do not cross any property lines.
10. That all suggested conditions of approval included in the September 1999 traffic
report as outlined below shall be conditions on this project.
a. Proposed curb returns shall have a minimum radius of 35 feet.
b. Proper signage and striping shall be provided at the driveways fronting
Fred Waring Drive indicating one-way traffic.
c. Stop sign and right -turn only sign shall be provided at the easterly
driveway fronting Fred Waring Drive.
d. Stop sign shall be provided at the driveway fronting Parkview Drive.
e. Parking stalls for disabled persons shall be provided at the front of the
assisted living/skilled nursing building.
f. Parking stalls for disabled persons shall be provided at the front of the
Community Center Building and for each of the residential buildings.
g•
Assisted living/skilled nursing employee parking shall be provided near the
building.
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RESOLUTION NO. 00-05
h. Parking shall not be allowed along the access road. Curb along access
road shall be painted red.
No parking signs shall be posted along the west side of Fairhaven Drive
fronting the proposed project.
j. Parkview Drive shall be striped to provide a westbound left turn lane for
vehicles entering the proposed project.
k. Parkway landscaping or monument signing along Fred Waring Drive and
Parkview Drive should not impede or restrict the sight distance of
vehicles exiting the site.
The proposed emergency driveways at Parkview Drive (west end of the
property) and Fairhaven Drive should be used only for emergency
purposes only. Proper signs should be posted and the driveway should
be gated to prohibit other usage.
m. Delivery/trash pick-up trucks shall be allowed to enter/exit from Fred
Waring Drive and Parkview Drive. Access road shall accommodate
delivery/trash pick-up trucks.
11. That the applicant shall provide a proper method of disposal of medical waste
for the retirement community facility.
•r.
12. That the restaurant inthe retirement community facility not be open to the;
general public. Said restaurant to be limited to full time residents of the project
and their guests.
Department of Public Works:
13. Drainage fees, in accordance with Palm Desert Municipal Code Section 26.49
and Ordinance No. 653, shall be paid prior to issuance of any permits
associated with this project.
14. Drainage facilities shall be provided in accordance with Section 26.49 of the
Palm 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 civil engineer that is reviewed and approved by the
Department of Public Works prior to start of construction.
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RESOLUTION NO. 00-05
15. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-
17 and 79-55 shall be paid prior to issuance of any permits associated with this
project.
16. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be a t the time of building permit issuance.
17. 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.
18. Applicant shall comply with the provisions of Municipal Code Section 24.08,
Transportation Demand Management.
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. 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.
21. 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.
22. Landscape installation on the property frontages shall be water efficient in
nature and maintenance shall be provided by the property owner.
23. Applicant shall comply with the provisions of Municipal Code Section 24.12,
Fugitive Dust Control and Section 24.20 Stormwater Management and
Discharge Control.
24. The location and permitted movements of all project entry points shall be
subject to the review and approval of the Director of Public Works and shall
include right turn only ingress/egress for the Fred Waring Drive access points
and full access for the Parkview Drive access points. The proposed Fairhaven
Drive access points shall be limited to emergency use only.
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RESOLUTION NO. 00-05
25. In accordance 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.
26. Proposed building pad elevations are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code.
27. Prior to start of construction, the applicant shall submit a Waiver of Parcel Map
application for lot line adjustment.
28. As required under the Palm Desert Code, all existing overhead utilities shall be
converted to underground in accordance with the respective utility company
recommendation.
29. Prior to start of construction, the applicant shall submit satisfactory evidence
to the Director of Public Works of intended compliance with the National
Pollutant Discharge Elimination (NPDES) General Permit (Permit # CAS000002)
for storm water discharges associated with construction activity.
30. All traffic impact mitigation measures identified in the project Traffic Impact
Study prepared by Robert Bein, William Frost and Associates and approved by
the city shall be considered conditions of approval for the project.
Riverside County Fire Department:
31. 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.
32. 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 NO. oo—os
33. Provide, or show there exists, a water system capable of providing a potential
gallon per minute flow of 3000 gpm. 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.
34. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-
1/2" x 2-1/2"), located not less than 25' nor more than 150' from any portion
of the building(s) as measured along approved vehicular travelways. Hydrants
installed below 3000' elevation shall be of the "wet barrel" type.
35. 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.
36. 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.
37. 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.
38. 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.
39. 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
monitored systems, systems where any interior devices are required or used.
(U.F.C. 14-103(a))
40. Install portable fire extinguishers per NFPA, Pamphlet # 10, but not less than
2A 1 OBC 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.
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RESOLUTION NO. 00-05
41. Install a Hood/Duct automatic fire extinguishing system if operating a
commercial kitchen including, but not limited to, deep fryers, grills, charbroilers
or other appliances which produce grease laden vapors or smoke. NFPA 96,
17, 17a.
42. 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. 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.
43. 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 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".
44. 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 option 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 property requirements may be specified during the review
process. Typically this applies to educational, day care, institutional, health
care, etc.
45. Commercial buildings shall have illuminated addresses of a size approved by the
city.
46. 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.
47. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within 12 months.
48. Fire sprinkler system must include Class I standpipes per UFC and UBC.
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RESOLUTION NO. nn-n5
49. Must have 20 foot emergency fire lane around all buildings.
Special Condition:
1. That the list of "Special Conditions" presented to the Planning commission by
area residents and accepted by the applicant as modified by staff, consistent
with Planning Commission direction, attached hereto as Exhibit "B" are hereby
imposed as conditions on this project.
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RESOLUTION NO. oo-os
EXHIBIT "B"
SPECIAL CONDITIONS
AS AGREED TO BETWEEN APPLICANT AND AREA RESIDENTS
OPERATING RESTRICTIONS
1. Delivery hours for the entire complex shall be limited to 7:00 a.m. to 6:00 p.m.
Monday through Saturday.
2. Landscape maintenance and refuse collection of any kind shall occur only between
8:00 a.m. to 5:00 p.m. Monday through Saturday.
3. The restaurant, gift shop and other various services and facilities on site shall not
be open to the general public. The restaurant shall provide an effective means of
odor control from cooking units satisfactory to the Director of Community
Development/Planning prior to issuance of a building permit.
LIGHTING RESTRICTIONS
4. There shall be no security or parking lot lighting mounted above the height of the
perimeter walls. Patio lighting shall be fully shielded. All security and parking lot
lighting shall not be visible from the northerly and easterly residential areas.
NOISE CONTROL RESTRICTIONS,
5. All loading docks must be enclosed or accessed through underground parking
structure.
6. The applicant/operator shall post signs requiring all loading doors remain closed.
7. That all engines or delivery vehicles shall be shut off if a delivery, maintenance or
transport vehicle is parked more than five minutes. Post accordingly.
8. Prohibit all horn blowing, loud talking and radios for vendors and residents. Post
accordingly.
9. Prohibit the use of forklifts except within the loading area or underground parking
area.
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RESOLUTION NO. on-o5
10. Exiting exhausts and all other mechanical equipment must be located in or directly
adjacent to the main building structures.
11. Prohibit the parking of delivery trucks and trailers overnight. Post accordingly.
12. Require that all refrigeration equipment mounted on trucks or trailers be shut down
if not required for on -board contents, and in no event shall they remain on site for
longer than one hour.
13. All trash containers shall be placed only on the service road on the west side of the
facility with the only point of entrance being the north/west site entrance on
Parkview. All mechanical and hydraulic equipment involved with the on -site
handling of solid waste requires enclosure within an eight -foot wall.
14. That all on -site vehicles used for maintenance and transport of residents be CNG
electric, or other environmentally friendly powered vehicles which will serve to
reduce noise levels and have a positive environmental impact. Vehicles other than
CNG or electric shall be approved by the City's Environmental Conservation
Manager and Director of Community Development.
SITE DEVELOPMENT
15. Complete improvement plans and specifications shall be submitted to the Director
of Public Works and the Planning Director for checking approval before construction
begins. Any changes to the basic project as it relates to the items listed herein shall
be communicated and discussed with the impacted neighborhoods before approval
is given.
16. All electrical distribution, telephone, television cable and similar service wires shall
be installed underground.
17. The maximum height of the entire facility shall be limited to 25 feet above existing
curb face on Fairhaven Drive and Parkview, except for the Community Center
building, which shall not exceed 28 feet.
18. The building setback shall be 60 feet from existing curb on Fairhaven and 38 feet
on Parkview for the two-story structures with a height limitation of 15 feet (excluding
roof landscaping) and 120 feet from existing curb for the three-story structures with
a height limitation of 25 feet above curb height from both Fairhaven Drive and
Parkview except for the community facility building which shall not exceed 28 feet
above curb.
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RESOLUTION NO. 00-05
19. Property owner shall maintain perimeter and interior landscaping in a healthy and
living condition.
20. No roof -mounted equipment of any kind shall exceed the maximum height of the
complex at 25 feet for the three-story portion 28 feet for the Community Center
building or 15 feet for the second story. No equipment of any kind will be located
on the roof of any structure within 120 feet of the Fairhaven Drive and Parkview
existing curb location.
21. All mechanical equipment, trash containers, compactors and electrical equipment
of any kind shall be located inside the building, and there shall be no grills, louvers
or other openings on the north or east sides of the complex. The interior areas shall
be thoroughly sound insulated.
22. That the perimeter service road shall have speed bumps installed at 100 - 150 foot
intervals.
23. That all entrances, main, service and emergency be approved by all necessary
agencies, especially the City Fire Marshal, to ensure that Fairhaven Drive would not
be considered as an entry to the facility other than for emergency purposes.
LANDSCAPING
24. That for the subject property located on both Fairhaven Drive and Parkview, a four -
foot berm and a four -foot masonry wall on top of said berm be constructed along
with immediate planting of dense landscaping to effectively shield the complex from
exterior line of sight.
25. That the applicant shall make final landscape plans available to neighborhood
representatives for review and comment prior to the plans being presented to the
Architectural Review Commission for final approval.
26. That the applicant shall cooperate fully with the community for any future vacation
of a section of Fairhaven Drive from San Juan Drive to the site property line and
installation of cul-de-sacs at Arboleda and San Juan, subject to approval of all other
affected agencies, i.e., Fire Department.
Should the street vacation occur, the applicant shall be responsible for its share of
costs in improvement and maintenance of vacated area.
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RESOLUTION NO. 00-05
Should Fairhaven Drive be vacated during the design or construction of this project,
_ applicant agrees to pay its share of demolition, construction and other costs.
27. That the applicant/operator agrees to work with any neighborhood advisory
committee that may be established to work with the developer and the Planning
Department to solve site development and operating problems as they occur.
28. That any substantive changes to the agreed upon conditions of approval must be
properly noticed and a public hearing conducted to consider said changes.
29. That any tile roof sections shall be consistent with tile used in the neighborhood to
the satisfaction of the Architectural Review Commission.
30. That the applicant/developer shall install temporary "No Parking" signs on the south
side of Parkview Drive and remove same at construction completion. All
construction vehicles shall park on subject site only; no construction parking
permitted on Parkview or other area streets.
31. That the applicant/developer shall provide effective dirt/dust/waste control during
construction.
32. That in order to mitigate possible aesthetic concerns and property value impacts,
the applicant has agreed to acquire or facilitate improvement of two properties in
the Palm Dell Estates areas (the area bounded by Parkview, Fred Waring, Monterey
and Fairhaven Drive) for remodel and upgrading. First property to be acquired and
remodeled prior to the applicant obtaining a Certificate of Occupancy for the 100th
unit in the project. Second property to be acquired and remodeled prior to the
applicant obtaining a Certificate of Occupancy for the 200th unit in the project. The
applicant may request a waiver or modification of this condition upon a good faith
showing that a bona fide offer(s), based on appraised values, have unsuccessfully
been made for properties within the area defined.
Applicant agrees that remodel and upgrading of said properties will include, but not
be limited to, expansion of said dwellings by at least 50% of its present size or a
minimum unit size of 2,200 square feet, and expenditure of at least $75,000 per
dwelling exclusive of acquisition costs.
33. That on Parkview Drive left and right turn lanes be delineated into the project's
driveway.
34. That a stop sign be installed at the north limit of the driveway exiting the site.
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RESOLUTION NO. 00-05
35. That the driveway exiting the project be delineated for right and left turn movements.
36. That the south side of Parkview Drive adjacent to this project shall be a no parking
zone and shall be signed accordingly. This condition replaces Condition #30 which
imposed no parking during construction.
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