HomeMy WebLinkAboutCC RES 08-088RESOLUTION NO. 08-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING, A DEVELOPMENT
AGREEMENT, A PRECISE PLAN OF DESIGN AND A CONDITIONAL
USE PERMIT TO ALLOW CONSTRUCTION OF A 20-UNIT SENIOR
CITIZEN APARTMENT PROJECT ON THE NORTH SIDE OF CATALINA
WAY. SUBJECT PROPERTY IS LOCATED AT 73-582 CATALINA WAY.
CASE NOS. DA, PP/CUP 08-50
WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th
day of August 2008, hold a duly noticed public hearing to consider the request by Bernard
Investment Group / Ken Bernard, for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 1st day of July 2008, hold a duly noticed public hearing to consider the said request
and by its Resolution No. 2479 approved DA, PP/CUP 08-50; 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, the Director of Community Development has determined that the
project is a Class 32 categorical exemption; 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 the approval of said request:
Precise Plan/Conditional Use Permit:
1. The proposed location of the precise plan / conditional use is in
accord with the objectives of the Zoning Ordinance and the
purpose of the district in which the site is located.
The proposed project is zoned R-2, with a Senior Housing Overlay
and the district allows flexibility with a variety of types of dwellings
at a medium range of population densities, and also to provide
optional standards and incentives for the development of a wide
variety of specialized housing designed and restricted to residents
over the age of 55. The proposed project is a 20-unit affordable,
infill senior complex for residents over the age of 55, which is in
accord with the objectives of the Zoning Ordinance and is
consistent with the uses outlined in section 25.38.030 Conditional
uses.
2. The proposed location of the precise plan / conditional use 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.
CITY COUNCIL RESOLUTION NO. 08-88
The project will be a new development in an older area of the
community and as such may lead to other properties upgrading.
The proposed project as conditioned will comply with current
building and safety codes, Fire Department regulations, and will be
reviewed by the City's Engineering Department for compliance with
City ordinances. The use of the 20-unit senior complex is permitted
within the R-2, Senior Overlay zone subject to a Conditional Use
Permit (for the land use) and is consistent with the intent of the
City's Zoning Ordinance as described in the staff report. The site
meets setbacks, lot coverage, building height, land use, and
parking requirements such that it will not be detrimental to the
public interest, health, safety, welfare and will not be materially
injurious to properties or improvements in the vicinity as described
in more detail in the staff report. A condition of approval has been
placed on the project which will require the project proponent to
construct all necessary on and off -site infrastructure to provide
utilities to the proposed project prior to the issuance of building
permits. Water, sanitation and public utilities and services are
available in Catalina Way, a public street.
3. The proposed precise plan / conditional use will comply with each
of the applicable provisions of this title, except for approved
variances or adjustments.
The property is located in the Senior Housing Overlay District
(S.O.) and the project complies with all provisions of the base zone
(R-2) and the provisions of the Senior Overlay. The project is in
accord with the objectives of the Zoning Ordinance. Additionally,
conditions have been added to the project to ensure that all the
minimum requirements of the Palm Desert Municipal Code are met,
including Building, Landscaping, Public Works, and the Fire
Department conditions. The project requires no variances or
adjustments.
4. The proposed precise plan / conditional use complies with the
goals, objectives, and policies of the City's adopted General Plan.
A primary objective stated in the Land Use Element of the General
Plan under Residential Goals, Policies and Programs is Goal 1,
which states a balanced range of housing types, densities and
affordability that accommodate existing and future residents across
all socio-economic sectors of the community. Policy 3 of the General
Plan Land Use Element is that the City shall encourage in -fill
development on lands located adjacent to or near existing residential
areas and utilities to maximize the efficient utilization of land and
CITY COUNCIL ION NO. 08-88
infrastructure. Policy 8 of the General Plan Land Use Element is low
income/affordable housing shall not be located within one area of the
community, but shall be dispersed where feasible, appropriate, and
compatible with surrounding land uses.
This project promotes a land use that is consistent with the goals,
policies, and programs of the General Plan. The project is consistent
with the General Plan because the project proposes a 20-unit
affordable, infill senior complex, which is compatible with the existing
uses within the surrounding area, and offers an excellent service to
the community.
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 corrttitute the findings of
the City Council in this case.
2. That the City Council does hereby approve DA, PP/CUP 08-50 subject to
conditions attached (Exhibit "A")
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 28th day of August 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
FERGUSON, FINERTY, BELLY, SPIEGEL, and BENSON
NONE
NONE
NONE
L—
AN yN .-BENS N, Mayor
ATTEST:
RA(.HLLLE D. KLASSEN, CITY CL
City of Palm Desert, California
CITY COUNCIL RESOLUTION NO. 08-88
CONDITIONS OF APPROVAL
CASE NOS. DA, PP/CUP 08-50
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. 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.
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
CITY COUNCIL RESOLUTION NO. 08-88
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. Applicant shall execute and obtain approval of the City Council of the attached
development agreement prior to obtaining a building permit for the project.
Department of Public Works:
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.
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.
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.
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.
CITY COUNCIL RESOLUTION NO. 08-88
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. 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 6' sidewalk with dedication or easement 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.
14. 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.
15. 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.
16. 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.
17. Westernmost driveway shall be narrowed to 12' and signed as "Exit Only"
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 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 one -hour duration at 20 psi residual pressure must be
available before any combustible material is placed on the job site.
3. Provide or show there exists a water system capable of providing a gpm fire flow
of 2500 gpm for multifamily dwellings.
CITY COUNCIL RESOLUTION NO. 08-88
4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2-
1/2"x2-1/2", located not less than 25' nor more than 165 feet from any portion of
a multifamily dwelling 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 13R 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 Tess than 25' from the
building and within 50' of an approved hydrant. Exempted are one and two family
dwellings. (13 R and attic protector)
7. All valves controlling the water supply for automatic sprinklersystems 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 3000 square feet and not over 75' walking distance. A "K" type
fire extinguisher is required in all commercial kitchens, mount CU exterior of
building.
10. All buildings shall have illuminated addresses of a size approved by the city.
11. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately to the Fire Marshal for approval prior to construction.
12. Conditions subject to change with adoption of new codes, ordinances, laws or
when building permits are not obtained within 12 months.
Buildina and 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 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
2. An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1145.
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CITY COUNCIL RESOLUTION NO. OR-88
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 exits 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
11276.5 (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.
8. 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.
9. 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.
10. 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.
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