HomeMy WebLinkAboutCC RES 08-043RESOLUTION NO. 08-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND A
PRECISE PLAN TO CONSTRUCT 121 SENIOR COMMUNITY CARE AND
HEALTHCARE UNITS WITH DECORATIVE ARCHITECTURAL
ELEMENTS UP TO 34 FEET 11 INCHES TALL ON 8.63 ACRES
LOCATED ON THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE
AND MONTEREY AVENUE AT 73-050 COUNTRY CLUB DRIVE. A
MITIGATED NEGATIVE DECLARATION RESULTING FROM AN
ENVIRONMENTAL ASSESSMENT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) HAS BEEN PREPARED FOR
THE PROPOSED PROJECT.
CASE NO.s CUP 07-17 PP 07-15
WHEREAS, the City Council of the City of Palm Desert, California, did on the 22nd
day of May, 2008, hold a duly noticed public hearing to consider the request by the
OAKMONT SENIOR LIVING, LLC, for approval of the above noted; 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 as mitigated will not have a significant impact on the environment and a
Mitigated Negative Declaration 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 approval of said Conditional
Use Permit Request that:
1. The proposed location of the senior licensed assisted care residential
institution requiring a conditional use is in accord with the objectives of this
title and the purpose of the district in which the site is located;
2. The proposed design of the senior licensed assisted care residential
institution, as conditioned, is in accord with the objectives and policies of
the general plan and zoning ordinance and the purpose of the district in
which the site is located.
3. The proposed location of the senior licensed assisted care residential
institution and the conditions under which it will be operated and
maintained will not be detrimental to the public health, safety or general
welfare, or be materially injurious to properties or improvements in the
vicinity.
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RESOLUTION NO. 08-43
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 Request that:
1. In accordance with Municipal Code Section 25.73 Precise Plan, the City
Council finds that if the proposed precise plan would substantially
depreciate property values in the vicinity or would unreasonably interfere
with the use or enjoyment of property in the vicinity by the occupants
thereof for lawful purposes or would endanger the public peace, health,
safety or general welfare, such plan shall be rejected or shall be so
modified or conditioned before adoption as to remove said objections.
The proposed plan, as designed would upgrade, rather than
degrade or endanger, the appearance of the current vacant lot and
create a gateway statement. New landscape would formalize the
site and create compatibility with the adjacent surroundings.
2. The City Council may also consider and take into account the exterior
architectural design, general exterior appearances, landscape, color,
texture of surface materials and exterior construction, shape and bulk and
other physical characteristics including location and type of public utility
facilities and, if it is found that the proposed precise plan of design,
including the considerations enumerated in this chapter would interfere
with the orderly development in the vicinity of the precise plan area, or
with the existing or proposed use thereof, such precise plan of design
shall be rejected or shall be so modified or conditioned before approval as
to remove the objections.
The proposed architectural style is iterated to convey a rich mixture
of modulated spaces with maximum attention given to detailing of
the architectural language in such a manner as to provide a lasting
positive contribution to the built environment. Where an approval
for architectural elements up to 34'11" in height is requested, the
architectural elements enhance the street presence. The proposed
materials and forms will render a unique and aesthetic appearance.
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 it does hereby approve Conditional Use Permit 07-17 and Precise
Plan 07-15, subject to conditions attached.
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RESOLUTION NO. 08-43
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 22nd day of May, 2008, by the following vote, to wit:
AYES: FERGUSON, FINERTY, KELLY, SPIEGEL, and BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RA` ELI D. KLASSE , CITY CLER
CITY OF PALM DESERT, CALIFORNIA
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heyvg
JAN M. BENSON MAYOR
RESOLUTION NO. 08-43
CONDITIONS OF APPROVAL
CASE NO. CUP 07-17 PP 07-15
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 said project shall commence within one (1) 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. 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.
4. 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.
5. Applicant shall comply with each mitigation measure as identified in the Mitigated
Negative Declaration prepared March 26, 2008, summarized in the Staff Report
prepared for the Planning Commission meeting of April 15, 2008, and stated in detail
within the attached Initial Study comments.
6. The project shall be subject to all applicable fees at time of issuance of building
permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard or
Coachella Valley Multiple Species Conservation Plan, TUMF, School Mitigation and
Housing Mitigation fees.
7. A detailed parking lot and building lighting plan shall be submitted to staff for approval,
subject to applicable lighting standards. The plan must be prepared by a qualified
lighting engineer.
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RESOLUTION NO. 08-43
8. The project is subject to the Art in Public Places program per Palm Desert Municipal
Code Chapter 4.10.
9. All conditions of approval shall be recorded with the Riverside County Clerk's office
before any building permits are issued. Evidence of recordation shall be submitted to
the Department of Community Development/Planning.
10. "Build It Green" principles shall be incorporated into the design such that sustainable
practices be required in specifications and shall be certified by a Certified "Build It
Green" Construction Plan Check professional prior to obtaining building permits from
the City of Palm Desert Building & Safety Department.
11. A Maintenance Agreement between Oakmont Senior Living, LLC, and the Merano
Homeowner's Association shall be required prior to obtaining building permits from
the City of Palm Desert Building & Safety Department.
Department of Public Works:
GENERAL REQUIREMENTS
1. All landscape maintenance shall be performed by the property owner and the
applicant shall enter into a landscape maintenance agreement with the City for the
life of the project, consistent with the Municipal Code provisions and the approved
landscaped plan.
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.
BONDS AND FEES
3. 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.
4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
5. A standard inspection fee shall be paid prior to issuance of grading permits.
6. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code
shall be paid prior to issuance of grading permits.
DESIGN REQUIREMENTS
7. Storm drain 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
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RESOLUTION NO. 08-43
retain on -site a 25 year storm and conform to the Merano Drainage Master
Plan. If the existing retention basin is used, then a sub -surface nuisance
water retention/infiltration system shall be installed and the developer shall
enter into a maintenance agreement with the owner of the basin.
8. Complete grading and improvement plans and specifications shall be submitted to
the Director of Public Works for checking and approval prior to issuance of any
permits.
9. 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.
10. Pad elevations are subject to review and modification in accordance with Chapter 26
of the Palm Desert Municipal Code.
11. Landscape installation shall be drought tolerant in nature and in accordance with the
City's Water Efficient Landscape Ordinance (24.04).
12. Landscape plans shall be submitted for review concurrently with grading plans.
13. The applicant shall provide cobble and boulders as landscape for the adjacent right
turn pocket island and it shall match the cobble and boulders of the landscape on
site.
14. Full public improvements, as required by Section 26 of the Palm Desert Municipal
Code, shall be installed in accordance with City standards including:
• Installation of 8' meandering sidewalk minimum 4' setback from back of curb.
• 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.
CONSTRUCTION REQUIREMENTS
15. All public and private improvements shall be inspected by the Department of Public
Works and no occupancy permit shall be granted until the improvements have been
completed.
16. 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.
17. 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.
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RESOLUTION NO. 08-43
SPECIAL CONDITIONS
18. Entrance to underground parking shall be posted for "No Visitor Parking, Assigned
Spaces Only".
19. Developer shall contribute proportionately for a landscaped center median on
Monterey Avenue adjacent to their project. The landscaped portion shall be
measured from the corresponding Oakmont Senior Living property lines westward
and a centerline down the median corresponding to the City of Palm Desert city limit.
Developer shall contribute a per square foot dollar amount as determined by the
Department of Public Works.
Building & Safety Department:
1. Project must conform to the current State of California Codes adopted at the time of
plan check submittal. The following are the codes enforced at this time:
2007
2007
2007
2007
2007
2007
2007
CALIFORNIA
CALIFORNIA
CALIFORNIA
CALIFORNIA
CALIFORNIA
CALIFORNIA
CALIFORNIA
BUILDING CODE (Based on 2006 IBC)
MECHANICAL CODE (Based on 2006 UMC)
PLUMBING CODE (Based on 2006 UPC)
ELECTRICAL CODE (Based on 2005 NEC)
ENERGY CODE
BUILDING STANDARDS ADMINISTRATIVE CODE
FIRE CODE
2. An approved automatic fire sprinkler system shall be installed in every building
(except R3 occupancies) where the total accumulation of gross floor area is 3000
square feet or more. (Reference City of Palm Desert Ordinance 1054)
3. Compliance with Ordinance 1124, Local Energy Efficiency Standards. The
requirements are more restrictive than the 2007 California Energy Code. Please
obtain a copy of the Ordinance for further information.
4. A disabled access overlay of the precise grading plan is required to be submitted to
the Dept of Building and Safety for plan review of the site accessibility requirements
as per 2007 CBC Chapters 11 A & B (as applicable) and Chapter 10.
5. All entrances and exits of the common facilities must provide an accessible path of
travel to the public way. (CBC 1024.6 & 1127B.1)
6. Detectable warnings shall be provided where required per CBC 1133B.8 and
1127B.5 (7). The designer is also required to meet all ADA requirements. Where an
ADA requirement is more restrictive than the State of California, the ADA
requirement shall supercede the State requirement.
7. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Dept of Building and
Safety.
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RESOLUTION NO. 08-43
8. Public pools and spas must be first approved by the Riverside County Dept of
Environmental Health and then submitted to Dept of Building and Safety. Pools and
Spas for public use are required to be fully accessible.
9. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm desert Municipal Code, Title 5.
10. All contractors and/or owner -builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
11. Address numerals shall comply with Palm Desert Ordinance No. 1006 (Palm Desert
Municipal Code 15.04.110 through 15.04.160). Compliance with Ordinance 1006
regarding street address location, dimension, stroke of line, distance from street,
height from grade, height from street, etc. shall be shown on all architectural building
elevations in detail. Any possible obstructions, shadows, lighting, landscaping,
backgrounds or other reasons that may render the building address unreadable shall
be addressed during the plan review process. You may request a copy of Ordinance
1006 from the Department of Building and Safety counter staff.
12. Please contact Debbie Le Blanc, Land Management Specialist, at the Department of
Building and Safety (760-776-6420) regarding the addressing of all buildings and/or
suites.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above referenced project,
the fire department recommends the following fire protection measures be provided
in accordance with City Municipal Code, NFPA, CFC, and CBC 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 pressure must be
available before any combustible material is placed on the job site.
3. Provide or show that there exists a water system capable of providing a gpm flow of
3000 gpm for commercial buildings.
4. The required flow shall be available from a wet barrel Super Hydrant (s) 4" x 2 1/2 "x
2'/2", located not less than 25' nor more than 165' from any portion of a multi -family
dwelling measured via vehicular driveway or 150' from 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.
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RESOLUTION NO. 08-43
6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a
3000 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 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 CBC 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 Tess than one 2A10BC
extinguisher per 3000 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 use if kitchen is
installed in the main building.
11. All building 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
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 Marshall. 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
form a main roadway or an emergency gate from an adjoining development.
15. All buildings shall have illuminated addresses of a size approved by the city.
16. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately to the Fire Marshal for approval prior to construction.
17. Turn Around is required at the main building
18. Knox Box is required at the rear secondary access.
19. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained within twelve months.
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RESOLUTION NO. 08-43
Coachella Valley Water District:
1. Plans for grading, landscaping, and irrigation systems shall be submitted to the
District for review to ensure efficient water management.
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