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HomeMy WebLinkAboutCC RES 06-107RESOLUTION NO. 06-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN WITH HEIGHT AND PARKING EXCEPTIONS AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A MIXED USE RESIDENTIAL (260 APARTMENTS) AND COMMERCIAL (38,000 SQUARE FEET) NEIGHBORHOOD COMMERCIAL CENTER PROJECT ON 19.6 ACRES NORTH OF FRANK SINATRA DRIVE BETWEEN COOK STREET AND COLLEGE DRIVE, 37-755 COOK STREET. CASE NO. PP 06-01 WHEREAS, the City Council of the City of Palm Desert, California, did on the 22nd day of June, 2006, hold a duly noticed public hearing to consider the request of Sinatra and Cook, LLC; and WHEREAS; the Planning Commission of the City of Palm Desert did by its Resolution No. 2398 recommend approval of Case No. PP 06-01, subject to conditions; 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. 06-78," in that the Director of Community Development has determined that the project will not have a negative impact on the environment and that a Negative Declaration of Environmental Impact should be certified; 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 approval of said precise plan: PRECISE PLAN 1. The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 4. The precise plan for the commercial portion of the project will be consistent with the PC-3 zoning except for the west setback which can be approved as part of the "exception" process. RESOLUTION NO. 06-107 5. The precise plan for the residential portion of the project will be consistent with the PR zoning except for building height and total onsite parking which can be approved as part of the "exception" process. 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 06-01 is hereby approved, including "exceptions" noted herein and more specifically in the staff report dated June 22, 2006, subject to conditions, Exhibit A attached. 3. That a Negative Declaration of Environmental Impact, Exhibit B attached, is hereby certified. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 22nd day of June , 2006, by the following vote, to wit: AYES: CRITES, SPIEGEL, and FERGUSON NOES: BENSON and BELLY ABSENT: NONE ABSTAIN: NONE \ ((\ / / J IM FERGVSOt -' (AYOR ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. 06-107 EXHIBIT A CONDITIONS OF APPROVAL CASE NO. PP 06-01 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 Review 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. All sidewalk plans shall be reviewed and approved by the Department of Public Works prior to Architectural Review Commission submittal. 6. All onsite utilities shall be underground. 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 3 RESOLUTION NO. 06-107 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. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, TUMF and School Mitigation fees. 9. That the residential portion of the project shall provide parking pursuant to Municipal Code Section 25.58.300.0 except that the studio units shall only be required to provide 1.25 spaces per unit. The 260-unit project, therefore, will be required to provide a total of 507 parking spaces of which a minimum of 260 spaces must be in garages or carports. If, based on the grading plan review, fewer parking spaces are provided, the number of units will be reduced accordingly. 10. That the commercial portion of the project shall provide parking at a minimum of four spaces per 1,000 square feet exclusive of non -usable space, not to exceed 15% of the gross building area. If, based on a review of the project, working drawings (floor plans and grading plans) the project does not meet the four spaces per 1,000 square foot ratio, the project shall be reduced in size accordingly. 11. That the applicant shall construct a bus turnout and shelter to be installed on Cook Street, per direction of Special Programs memo dated February 16, 2006. 12. That the applicant shall obtain approval of Waste Management and the Director of Community Development for location of all on -site trash enclosures. 13. That the project landscaping shall be reviewed through the City's Landscape Beautification Committee. 14. That the applicant shall enter into a Housing Agreement with the City Housing Authority to provide 20% of the units affordable to those households earning 110% of median income and shall make available an additional 20% of the units at market rents established by a regional market survey. Housing Authority shall have at its option the ability to provide rental assistance to "low" income households. 15. In addition to the minimum energy efficiency standards set forth in the current edition of Title 24 California Administrative Code (CAC), the project shall incorporate the energy efficiency features as specified in the memorandum from Pat Conlon (Office of Energy Management) dated November 28, 2005 (attached). Clubhouse shall have minimum 2 kw photovoltaic panels installed. 4 RESOLUTION NO. 06-107 Department of Public Works: GENERAL 1. Landscaping maintenance of any common areas and property frontages shall be provided by property owner and be water efficient in nature in accordance with the City of Palm Desert landscape design standards. Landscaping plans shall be submitted for review simultaneously with grading plans. 2. 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. 3. The maintenance of the retention areas shall be by the property owner. BONDS AND FEES 4. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code shall be paid prior to issuance of grading permit. 5. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. 6. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 7. A standard inspection fee shall be paid prior to issuance of grading permits. DESIGN PLANS 8. 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. Project is required to retain on -site the increase in flows for a 100 year storm. 9. Complete grading and improvement plans and specifications on electronic files shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 10. Improvement plans for utility systems shall be approved by the respective provider or service districts with "as -built" plans submitted to the Department of Public Works prior to project final. Utility plans shall be submitted to the public works department for improvements in the public right of way prior to issuance of any permits. 5 RESOLUTION NO. 06-107 11. 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. 12. Pad elevations, as shown on the tentative map dated 4-10-6, are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code and shall take into account future grading of adjacent Lot 17. 13. Any entry gates for the project shall be set back 100 feet from the curb -line of the adjacent street. 14. Waiver of access to Cook Street, Frank Sinatra Drive, College Drive and University Park Drive, except at approved locations, shall be granted on the plan. REQUIRED CONSTRUCTION 15. Full public improvements required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code shall be installed in accordance with applicable City standards, i.e. • 8' sidewalk on Cook Street and Frank Sinatra Dr., 6' sidewalk on University Park and College Drives • Deceleration lane on Cook Street and Frank Sinatra Drive at project entrances. • Modify Cook Street median to accommodate a "left turn only lane in" at the project entrance to be shared with future project at the Cook Street -Frank Sinatra Drive corner. Rights -of -way necessary for the installation of the above referenced improvements shall be dedicated to the city prior to the issuance of any permits associated with this project. 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. No occupancy permit shall be granted until public improvements have been completed. 17. Traffic safety striping shall be installed to the specifications of the Director of Public Works. A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings. 18. All public and private improvements shall be inspected by the Public Works Department. 19. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management and Discharge Control. 6 RESOLUTION NO. 06-107 20. Prior to the start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for informational materials. SPECIAL CONDITIONS 21. Lot line between the subject property and parcel 17, shall be adjusted prior to issuance of any permits associated with this project. Fire Department: 1. That the project shall comply with City Municipal codes, appropriate NFPA Standards, CFC, CBC and/or recognized Fire Protection Standards. 2. That the circulation within the parking lot shall provide turning radii's of 31 feet inside and 52 feet outside as determined by the Fire Marshal. 7 RESOLUTION NO. 06-107 EXHIBIT B NEGATIVE DECLARATION CASE NOS: C/Z 06-02 AND PP 06-01 APPLICANT/PROJECT SPONSOR: Sinatra and Cook, LLC 828 North Ogden Drive Los Angeles, CA 90046 PROJECT DESCRIPTION/LOCATION: A change of zone, precise plan of design with height and parking exceptions, and a Negative Declaration of Environmental Impact to allow construction of 260 residential apartments units and a 38,000 square foot neighborhood commercial center on 19.6 +/- acres north of Frank Sinatra between Cook Street and College Drive, 37-755 Cook Street. 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 DRELL DIRECTOR OF COMMUNITY DEVELOPMENT June 22, 2006 DATE 8 RESOLUTION NO, 06-107 ATTACHMENT Original Message ----- From: Conlon, Pat Sent: Monday, November 28, 2005 10:17 AM To: Smith, Steve Subject: Conditions of Approval Office of Energy Management. In ADDITION to the minimum energy efficiency standards set forth in the current edition of Title 24 Calif. Administrative Code (CAC) the project shall incorporate the following energy efficiency features. 1) Architectural design for energy conservation shall incorporate structural overhangs, or architectural projections, for shading of all eastern, southern and westem facing glazing. Where shading by architectural design is unfeasible in these locations, glazing shall consist of the following: a) Thermal break design window and/or door frames. b) U factor of .40 or less (NFRC tested) c) SHGC value of 0.35 or less (NFRC tested) 2) All vented attics shall have a radiant barrier roof sheathing installed per Title 24 CAC 2005 edition. 3) All flat or low sloped exterior roof surfaces shall have a Cool Roof reflective coating. 4) HVAC equipment minimum standards: a) Fuel type: All heating shall be by natural gas. b) Furnace efficiency to be a minimum AFUE rating of 80% c) SEER: 14.0 minimum d) EER : 11.5 minimum e) HSPF: 8.0 minimum. f) Duct insulation shall be R-6 or better. g) All ducts shall be pressure tested for leakage conforming to current standards in Title 24 CAC 2005 edition. 5) Energy Star Appliances. If provided by the developer, all the following appliances shall be Energy Star rated: a) Dishwashers b) Refrigerators c) Clothes Washers d) Clothes Dryers ( Must be Natural Gas only) e) Ceiling fans f) Exhaust fans 6) Lighting: Lighting in all laundry rooms, utility rooms, mechanical rooms, closets and garages shall be fluorescent controlled by a manual - on, automatic - off occupancy sensor. All common area landscape lighting shall be fluorescent. 7) All common area public pools and spas shall have solar water heating conforming to current Plumbing Code and Solar Energy Code standards. Natural gas heaters for the common area public pools and spas are permitted with a AFUE of .92% minimum. 9