HomeMy WebLinkAboutCC RES 01-101RESOLUTION NO. 01-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AND A
PRECISE PLAN OF DESIGN FOR A MAXIMUM ADDITION
OF 82 NEW SINGLE STORY UNITS (32 CASITAS AND 50
ASSISTED LIVING) WITH THE EXISTING 22 ASSISTED
LIVING UNITS CONVERTED TO AN ALZHEIMER FACILITY
WITHIN THE EXISTING BUILDING. NEW UNITS TO BE
CONSTRUCTED ON THE WESTERLY 7.7 ACRES OF THE
EXISTING FOUNTAINS AT THE CARLOTTA SITE AT 41-
505 CARLOTTA DRIVE.
CASE NO. PP 01-07
WHEREAS, the City Council did on the 23rd day of August, 2001, hold a duly
noticed public hearing to consider the request of The Fountains for approval of a
Negative Declaration of Environmental Impact for a precise plan of design for a
maximum addition of 82 new single story units (32 casitas and 50 assisted living) with
the existing 22 assisted living units converted to an Alzheimer facility within the
existing building. New units to be constructed on the westerly 7.7 acres of the
existing Fountains at the Carlotta site at 41-505 Carlotta Drive; and
WHEREAS, the Planning Commission by its Resolution No. 2080 has
recommended approval of the precise plan of design; 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. 00-24," 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 approval of said request:
1. The precise plan is consistent with the intent and purpose of the Planned
Residential zone.
2. The design of the precise plan will not substantially depreciate property
values, nor be materially injurious to properties or improvements in the
vicinity.
RESOLUTION NO. 01-101
3. The precise plan 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 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 City Council in this case.
2. That Precise Plan 01 -07 is hereby approved, 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 23rd day of August, 2001, by the following vote, to wit:
AYES: BENSON, CRITES, KELLY, SPIEGEL, FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
v�
SHEILA R. GILLIGAN, City Clerk
"'O"l City of Palm Desert, California
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RESOLUTION NO. 01-101
CONDITIONS OF APPROVAL
CASE NO. PP 01-07
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 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. Each casita unit shall have designated a parking space under a carport.
7. 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. 01-101
8. 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.
9. That commercial deliveries shall only occur Monday through Friday between the
hours of 8:00 a.m. and 5:00 p.m.
10. That parking lot lighting and lighting mounted on the building exteriors shall be
mounted below the top height of the adjacent perimeter wall to the west and
south. All lighting shall comply with Ordinance 826 which regulates outdoor
lighting.
11. That the applicant shall work with Waste Management to assure that trash pick
up occurs between the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday.
12. That all delivery vehicle engines be shut off if a truck is parked more than five
minutes. Post accordingly inside receiving area.
13. That horn blowing for all delivery vehicles is prohibited. Post accordingly.
14. That loud talking and radio playing associated with delivery vehicles is
prohibited. Post accordingly.
15. That the applicant shall implement the redesign of the south entry gate to
minimize noise created when the gate opens and closes and make the gate
operate in an efficient manner.
16. That all employees shall park on -site and that the entry gate shall remain open
during employee shift changes so as to minimize the number of gate
movements.
17. That the applicant shall continue to work with the County Fire Department to
assure that emergency vehicles turn off their emergency lights when they arrive
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RESOLUTION NO. 01-101
at the location and that emergency vehicles while serving the facility will park
in the service area parking lot area.
18. That delivery vehicles shall park only in the service area parking lot.
19. That the applicant shall work with all delivery vehicle owners/operators to
assure compliance with Condition No. 9 above relating to commercial delivery
hours.
20. That the project shall comply with all requirements of the planned residential
(PR) zone requirements.
21. That the site plan shall provide a new north access gate which shall be used by
residents of the complex and emergency vehicles only.
22. That the curbs on either side of the mid site entrance gate be painted red for a
distance of 40 feet in each direction to improve sight lines.
Department of Public Works:
1. 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 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/retention basin construction associated with 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.
4. All private driveways and parking Tots shall be inspected by the engineering
department and a standard inspection fee paid prior to the issuance of a grading
permit.
5. 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 perrnits associated with this
project.
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RESOLUTION NO. 01-101
6. A complete preliminary soils investigation, conducted by a registered soils engineer,
shall be submitted to and approved by the Department of Public VVorks prior to the
issuance of the grading permit.
7 Proposed building pad elevations are subject to review and modification in
accordance with Section 27 of the Palm Desert Municipal Code.
8. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at time of building permit issuance.
9. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive
Dust (PM10) Control as well as Section 24.20, Stormwater Management and
Discharge Control.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above referenced
project, Fire Department recommends the following fire protection measures be
provided in accordance with City Municipal Codes, NFPA, UFC, and UBC or any
recognized fire protection standards.
The Fire Department is required to set a minimum fire flow for the remodel or
construction of all buildings per UFC article 87.
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 providing a gpm flow
of 3000 gpm for commercial buildings.
4. The required fire flow shall be available from a wet barrel Super Hydrant(s) (4"
x 2-1/2" x 2-1/2"), located not less than 25' nor more than 150' from any
portion of a commercial building measured via vehicular travel way.
5. Water plans must be approved by the Fire Marshal and include verification that
the water system will produce the required fire flow.
6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings
with a 3,000 square foot total cumulative floor area. The Fire Marshal shall
approve the locations of all post indicator valves and fire department
connections. All valves and connections shall not be less than 25' from the
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RESOLUTION NO. 01-101
building and within 50' of an approved hydrant. Exempted are one and two
family dwellings.
7. All valves controlling the water supply for automatic sprinkler systems and
water -flow switches shall be monitored and alarmed per UBC Chapter 9.
8. Install a fire alarm system as required by the UBC Chapter 3.
9. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC
extinguisher per 3,000 square feet and not over 75' walking distance. A "K"
type fire extinguisher is required in all commercial kitchens.
10. Install a hood/duct automatic fire extinguishing system per NFPA 96 in all public
and private cooking operations except single-family residential usage.
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 than 24' of unobstructed width and 13'6" of vertical clearance.
Where parallel parking is required on both sides of the street the roadway must
be 36' wide and 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 developments).
12. Whenever access into private property is controlled through use of gates,
barriers or other means provisions shall be made to install a "Knox Box" key
over -ride system to allow for emergency vehicle access. Minimum gate width
shall be 16" with a minimum vertical clearance of 13'6".
13. A dead end single access over 500' will require a secondary access, sprinklers
or other mitigative measures approved by the Fire Marshal. Under no
circumstance shall a dead end over 1300' be accepted.
14. A second access is required. This can be accomplished by two main access
points from a main roadway or an emergency gate from an adjoining
development.
15. This project may require licensing by a state or county agency, to facilitate plan
review the applicant shall prepare and submit to the Fire Marshal a letter of
intent detailing the proposed usage and occupancy type.
16. All buildings shall have illuminated addresses or contrasting colors of a size
approved by the City.
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RESOLUTION NO. 01-101
17. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately to the Fire Marshal for approval prior to construction.
18. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within 12 months.
OTHER:
19. Fire Marshal needs some type of secondary access.
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RESOLUTION NO. 01-101
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 01-07
APPLICANT/PROJECT SPONSOR:
PROJECT DESCRIPTION/LOCATION:
The Fountains
2020 W. Rudisill Road
Tucson, AZ 85709
A precise plan of design for a maximum addition of 82 new single story units (32
casitas and 50 assisted living) with the existing 22 assisted living units converted to
an Alzheimer facility within the existing building. New units to be constructed on the
westerly 7.7 acres of the existing Fountains at the Carlotta site at 41-505 Carlotta
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.
PHILIP DRE L
DAT
t 23. 2001
DIRECTOR F COMMUNITY DEVELOPMENT