HomeMy WebLinkAboutCC RES 06-128RESOLUTION NO. 06-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN AMENDED
PRECISE PLAN OF DESIGN WITH HEIGHT EXCEPTION
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 AMENDMENT #1
WHEREAS, the City Council of the City of Palm Desert, Califomia, did on the 22nd
day of June, 2006, adopt its Resolution No. 06-107 approving Case No. PP 06-01; and
WHEREAS, the applicant has requested certain amendments to the approved
precise plan; and
WHEREAS, the City Council of the City of Palm Desert, Califomia, did on the 14th
day of September, 2006, hold a duly noticed public hearing to consider an amended
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. 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 amended precise plan will not substantially depreciate
property values, nor be materially injurious to properties or improvements in
the vicinity.
2. The amended 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 amended precise plan will not endanger the public peace, health, safety
or general welfare.
RESOLUTION NO. 06-1Z$
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.
5. The amended precise plan for the residential portion of the project will be
consistent with the PR zoning except for building height 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 Amendment #1 dated August 24, 2006, is hereby
approved, including a height "exception" noted herein and a setback
exception for the commercial center, both delineated 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 14th day of septembe1006, by the following vote, to wit:
AYES: BENSON, BELLY, SPIEGEL, and FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
R CHELLE LAS EN, City Clerk
City of Palm Desert, California
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RESOLUTION NO. 06-128
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
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RESOLUTION NO. 06-128
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.C. The 260-unit project, therefore, will be required to
provide a total of 520 parking spaces of which a minimum of 260 spaces must be in
garages or carports. Project shall provide a minimum of 160 attached garage
parking spaces.
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 eaming 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. Project may also utilize
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RESOLUTION NO. 06-128
provisions of the Energy Efficiency Ordinance ( (Ordinance No. 1124) to meet
energy requirements.
16. That the residential units shall be setback a minimum of 32 feet from Frank Sinatra
Drive property line, 20 feet from College Drive property line and 20 feet from any
interior property line.
17. That the commercial portion of the project shall be setback a minimum of 32 feet
from Cook Street property line, 20 feet from University Park Drive property line and
10 feet from College Drive property line.
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.
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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
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RESOLUTION NO. 06-128
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.
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 tum 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.
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RESOLUTION NO. 06-128
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.
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.
RESOLUTION NO. 06-128
EXHIBIT B
NEGATIVE DECLARATION
CASE NOS: PP 06-01 AMENDMENT #1 AND C/Z 06-02
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 setback 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.
Lc'
September 14, 2006A
PILIP DF4E'LL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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RESOLUTION NO. 06-128
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.
1n 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 Tess (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. AU 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.
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