HomeMy WebLinkAboutCC RES 2012-14RESOLUTION NO. 2012-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT. CALIFORNIA. APPROVING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT. PRECISE PLAN.
AND TENTATIVE PARCEL MAP TO ALLOW THE CONSTRUCTION
OF A 73-UNIT. SENIOR LIVING. AFFORDABLE HOUSING PROJECT
KNOWN AS CARLOS ORTEGA VILLAS LOCATED WEST OF
WASHINGTON STREET AND SOUTH OF AVENUE OF THE
STATES: APN'S: 637-071-002. 637-170-003. 637-170-004. 637-170-
007
CASE NOS. PP 11-200/TPM 36363
WHEREAS, the City Council of the City of Palm Desert, California, did on the 8`h day of
March, 2012, hold a duly noticed public hearing to consider the request by THE PALM
DESERT REDEVELOPMENT AGENCY for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 6th day of December, 2011, hold a duly noticed public hearing to consider the request
and by its Resolution No. 2577 recommending approval of GPA, CZ, PP 11-200/TPM
36363; 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. 2011-84. City staff has reviewed and prepared an Initial Study pursuant to CEQA; the
Director of Community Development has determined that the project will not have a significant
impact on the environment with mitigation and a Mitigated Negative Declaration has been
prepared for adoption; and
WHEREAS, the City distributed a Notice to Intent to Adopt a Mitigated Negative
Declaration on November 12, 2011 and December 22, 2011; and
WHEREAS, the City Council has reviewed the MND, Initial Study, and all other
relevant information contained in the record regarding the Project; and
WHEREAS, the City provided copies of the draft MND and Initial Study to the public for
a twenty -day (20) review and comment period beginning on November 12, 2011 and ending
on December 5, 2011 for Planning Commission and December 22, 2011 through January 11,
2012 for City Council pursuant to Public Resources Code section 21091(b); and
WHEREAS, as set forth below, the City has endeavored in good faith to set forth the
basis for its decision on the proposed GPA, CZ, PP 11-200/TPM 36363; and
WHEREAS, all of the findings and conclusions made by the City pursuant to this
Resolution are based upon the oral and written evidence before it as a whole; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred;
RESOLUTION NO. 2012-14
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 recommendation to City Council of said
request:
1. The proposed location of the precise plan 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 located amongst Planned Commercial District, Office
Professional and Single Family Residential Zones. This low -impact senior
living residential use is compatible with other single-family dwelling uses in
the immediate surrounding area. The proposed project zoning is P.R.-16,
Planned Residential, 16 units per gross acre. The purpose of the district is to
provide for flexibility in development, creative and imaginative design, and the
development of parcels of land as coordinated projects involving a mixture of
residential densities and housing types, and community facilities, both public
and private. The proposed precise plan for the Carlos Ortega Villas
exemplifies using creativity in design by consolidating irregularly -shaped
parcels straddling differing zones to develop a well -situated affordable
housing project for seniors that bridges between commercial and residential
areas. It is in accord with the objectives of the Zoning Ordinance and is
consistent with the uses outlined in Chapter 25.24 Planned Residential
District.
2. The proposed location of the precise plan 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.
This project will rebuild housing on previously developed land. The proposed
project as conditioned will comply with current building and safety, planning,
fire, and public works department codes. It must also comply with all City
ordinances. • The residential site improvements will not be detrimental to the
public interest, health, safety, or welfare, and will not be materially injurious to
properties or improvements in the vicinity. Water, sanitation and public utilities
and services are available for improvement during construction as this site
was previously developed.
3. The proposed precise plan will comply with each of the applicable provisions
of this title, except for approved variances or adjustments.
The project complies with all provisions of Title 25 and is in accord with the
objectives of the Zoning Ordinance such as the maximum density, lot
coverage, building height, general provisions, and off-street parking and
loading. Planning, building, landscaping, public works, and the fire
department conditions have been added to the project to ensure that all the
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RESOLUTION NO. 2012-14
minimum requirements of Title 25 are met. The project requires minor
exceptions to the lot area, width and parking requirements. This project
eliminated neighborhood blight and will provide affordable housing in an
underserved area. The existing irregularly shaped lots are surrounded by
development and do not necessarily meet the minimum requirements of
zoning standards such as project area or project width, but creatively
consolidate the irregularly shaped lots to create a project further improving
the property as a community asset.
Parking studies from other affordable senior complexes developed with one
parking space per housing unit regularly showed 44 — 47% occupancy,
meaning more than half the spaces were empty. Therefore, the proposed
parking (one parking space per unit) for this project is adequate and
additional parking is unnecessary.
4. The proposed precise plan complies with the goals, objectives, and policies
of the City's adopted General Plan.
A primary objective stated in the Residential Land Uses Element of the
General Plan under Goals, Policies and Programs is Goal 1, which provides
for a balanced range of housing types, densities and affordability that
accommodate existing and future residents across all socio-economic sector of
the community. Goal 2 is preserve and enhance the City's existing
neighborhoods.
Policy 8 states that 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.
The proposed project known as Carlos Ortega Villas will provide a necessary
senior living, affordable housing type within a mix of uses. The project is
conveniently located near adjacent single-family residential and community
services which will require little to no transportation for daily needs and errands
of occupants. There are no other affordable senior housing projects in the
vicinity of the proposed project, so it will help to disperse this type of housing
within the city. This project promotes a land use that is consistent with the
Residential Land Use goals, policies, and programs of the General Plan.
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
Commission in this case.
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RESOLUTION NO. 2012-14
2. That the City Council does hereby approve a Mitigated Negative Declaration for
CEQA purposes and GPA, CZ, PP 11-200/TPM 36363, subject to conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 8th day of March, 2012, by the following vote, to wit:
AYES: BENSON, FINERTY, HARNIR, KROONEN, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
HELLS D. KLASSE 1, City Clerk
City of Palm Desert, Califomia
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/J‘d ® 7
ROBERT A. SPIEG
RESOLUTION NO. 2012-14
CONDITIONS OF APPROVAL
CASE NOS. GPA, CZ, PP 11-200/TPM 36363
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 two 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.
All trash / recycling enclosure(s) must be consistent with Palm desert Municipal
Code Chapter 8.12 and other conditions, i.e. number, size, and location of
enclosures. Turn radius for truck route must meet Burrtec standards. Review of the
Plans by Burrtec will ensure that vehicle circulation of its trucks is adequate to
service the complex. Said placement shall be approved by applicable trash company
and Department of Community Development and shall include a recycling program.
6. 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
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RESOLUTION NO. 2012-14
to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and
the approved landscape plan.
7. The project shall comply with the Energy Efficiency Standards, Ordinance No.
1124.
8. In the event that Native American cultural resources are discovered during project
development/construction, all work in the immediate vicinity of the find shall cease
and a qualified archaeologist meeting Secretary of Interior standards shall be hired
to assess the find. Work on the overall project may continue during this
assessment period. If significant Native American cultural resources are discovered
that require a Treatment Plan, the developer or his archaeologist shall contact the
Morongo Band of Mission Indians. If requested by the Tribe, the developer or
archaeologist shall, in good faith, consult on the discovery and its disposition (e.g.
avoidance, preservation, return, or artifacts to tribe, etc.).
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.
BUILDING 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:
2010 CALIFORNIA BUILDING CODE (Based on 2009 IBC)
2010 CALIFORNIA MECHANICAL CODE (Based on 2009 UMC)
2010 CALIFORNIA PLUMBING CODE (Based on 2009 UPC)
2010 CALIFORNIA ELECTRICAL CODE (Based on 2008 NEC)
2010 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency
Standards)
2010 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2010 CALIFORNIA FIRE CODE
2010 CALIFORNIA GREEN BUILDING CODE
2. An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1217.
3. 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 2010 CBC Chapters 11A & B (as applicable) and Chapter 10.
4. All exits must provide an accessible path of travel to the public way. (CBC 1027.6 &
11276.1)
5. Detectable warnings shall be provided where required per CBC 11336.8 and
11276.5 (7). The designer is also required to meet all ADA requirements. Where an
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RESOLUTION NO, 2012-14
ADA requirement is more restrictive than the State of Califomia, the ADA
requirement shall supersede the State requirement.
6. 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.
7. Semi-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 accessible.
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. 1217 (Palm Desert
Municipal Code 15.15. Compliance with Ordinance 1217 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 1217 or Municipal Code
Section 15.15 from the Department of Building and Safety counter staff.
11. Please contact Cherie Williams, Building and Safety Technician, at the Department
of Building and Safety (760-776-6420) regarding the addressing of all buildings
and/or suites.
PUBLIC WORKS DEPARTMENT:
1. The parcel map shall be submitted to the Director of Public Works for review and
approval.
2. Right-of-way shall be dedicated and vacated as necessary for the improvement of
Dudley Drive.
3. A reciprocal access easement and drainage easement between the subdivision to
the west and the applicant shall be granted on the map.
4. Access on Dudley Drive shall be dedicated for emergency purposes only.
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RESOLUTION NO.2012-14
Prior to the issuance of grading permits the applicant shall:
5. Submit a grading plan to the Department of Public Works for review and approval. Any
changes to the approved civil or landscape plans must be reviewed for approval prior
to work commencing.
6. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed
with the State Water Resources Control Board. Such evidence shall consist of a copy
of the NOI stamped by the State Water Resources Control Board or the Regional
Water Quality Control Board, or a letter from either agency stating that the NOI has
been filed.
7. Submit a final Water Quality Management Plan (WQMP) for approval. The WQMP
shall identify the Best Management Practices (BMPs) that will be used on the site to
control predictable pollutant runoff. Prior to the issuance of grading permit, the
Operation and Maintenance Section of the approved final WQMP shall be recorded
with County's Recorder Office and a conformed copy shall be provided to the Public
Works Department.
8. Submit a PM10 application to the Department of Public Works for approval. The
applicant shall comply with all provisions of Palm Desert Municipal Code Section
24.12 regarding Fugitive Dust Control.
9. Submit a landscape plan concurrently with the precise grading plan for review and
approval. Applicants are advised to use the City of Palm Desert Design Guide when
designing plans. Landscape plans must meet the following criteria:
a. Must be water efficient in design and meet the City of Palm Desert's Water
Efficient Landscape Ordinance.
b. Planting plans must show location of proposed and existing utilities.
c. Must match approved civil plans.
d. All specs and details must be site specific.
e. Applicants must have CVWD approval of their irrigation plans prior to City
approval.
f. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
10. Identify all proposed and existing utilities on the precise grading plan.
11. 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. Design/improvement changes from the prior
project approval may require a drainage study with associated hydrology/hydraulic
calculations.
12. Pad elevations, as shown on the tentative map, are subject to review and modification
in accordance with Chapter 27 of the Palm Desert Municipal Code.
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RESOLUTION NO, 2012-14
Prior to Occupancy:
13. The applicant shall construct a traffic circle on Avenue of the States.
SPECIAL PROGRAMS:
1. The plan does appear to reflect trash enclosures and according to the plan there
are three trash/recycling enclosures. Each enclosure must accommodate 2, 4-6
yard bins. The trash/recycling enclosure(s) must be consistent with the Palm Desert
Municipal Code (PDMC), Chapter 8.12. In addition, plans/project must address the
internal recycling component within each unit. Burrtec Waste and Recycling
Services must review the plans to ensure that the vehicle circulation pattern is
sufficient to service the complex, that the proposed orientation of the trash
enclosures is such that Burrtec's trucks will be able to service dumpsters, and
confirm that the proposed number of enclosures meets the capacity needs of the
complex. The applicant may contact Jennifer at Burrtec at (760) 340-6445 regarding
this issue.
a. The complex requires that each trash enclosure accommodate 1, 4-6 yard
trash bin and 1, 4-6 yard recycle bin and must meet ADA laws. If residents
are allowed to park on the streets within the complex, Burrtec's trucks may
not fit any may not be able to back up at the end of each street. In addition,
please note that residents may be bothered by the truck's loud beeping
noise that occurs when they back up. With the proposed street design it
would require trucks to back up some distance and pull forward in order to
turn around.
ART IN PUBLIC PLACES
1. The Art in Public Places Department recommends that the public art fee be used for
an on -site public art project. Staff estimates that the total fee will be an appropriate
amount to allow for a public art project.
FIRE DEPARTMENT:
1. The Fire Department requires the following fire protection measures be provided in
accordance with the City of Palm Desert Municipal Code, 2011 California Building
and Fire Codes with applicable NFPA and or any other Nationally recognized Fire
Protection Standards. The Fire Department shall set the minimum fire flow for the
remodel or construction of all buildings per California Fire Code -Appendix B.
2. The applicant shall provide a fire flow of 1500 gpm for a 1-hour duration at 20 psi
residual pressure from a permanently installed Fire Hydrant before any combustible
material is placed on the job site.
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RESOLUTION NO. 2012-14
3. The applicant shall provide proof the existing water system is capable of providing
the minimum necessary gpm flow for the following:
A. 1500 gpm for single family dwellings
B. 2500 gpm for multifamily dwellings
4. The applicant shall provide the required fire flow from a permanent wet Barrel Super
Hydrant with 1-4" and 2-2 1/2" discharge outlets located not less than 25' and no more
than:
A. 200' from any portion of a single family dwelling measured along a
vehicular travel way B. 165' from any portion of a multifamily dwelling
measured along a vehicular travel way
5. The applicant shall submit water plans to be reviewed and approved by the Fire
Marshal and include verification that the water system is capable of providing the
required fire flow.
6. The applicant shall install a complete NFPA 13R 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 fire appliances including Post Indicator Valves, Fire
Department connections and fire hydrants. All fire appliances shall not be within 25'
of a building and all Fire Department connections shall be within 50' of a fire hydrant.
7. All valves controlling the water supply for automatic sprinkler systems and water -flow
switches shall be monitored and alarmed per California Building and Fire code.
8. The applicant shall install a complete the 2011 NFPA 72 fire alarm/sprinkler
monitoring system as required by the 2011 California Building and Fire Code.
9. The applicant shall install portable fire extinguishers as per NFPA 10. The applicant
shall install a minimum of 1- 2A10BC Fire Extinguisher for every 3,000 Sq. Feet, 3'-
5' above grade with no more than 75' walking distance from any point to the
extinguisher. The applicant shall install a "K" class fire extinguisher as required for
commercial kitchens within 30' of the hazard area.
10. The applicant shall install a hood/duct fire suppression system as per NFPA 96 for
all public commercial and private cooking operations with the exception of a single
family residence.
11. The applicant shall install an all weather Fire Department accessible roadway
extending to any portion of a building where as a 150' hose lay can be utilized for the
inaccessible building perimeter. Construction type of the same shall be approved by
the Fire Marshal and be rated for 80,000 lbs. Turf block will not be accepted. Fire
lane access roadway minimum width is 20' and height clearance is 13'-6". Public
roadway minimum unobstructed width is 36' with parking on both sides. A fire
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RESOLUTION NO. 2012-14
apparatus turn around shall be provided for dead end streets in excess of 150' in
length with approved cul-de-sac or hammer head dimensions.
12. Knox access devices shall be provided as follows:
A) A Knox Padlock for every manual gated entrance.
B) A Knox Box for each individual commercial building.
Minimum gate width shall be 16' and minimum apparatus height clearance shall be
13'-6" for gated entrances.
13. The applicant shall provide secondary access for a dead end single access
roadways exceeding 500' and or mitigate with sprinklers or other means approved
by the Fire Marshal. Under no circumstances, shall dead end roadways over 1,300'
be accepted. Secondary access can be accomplished by two main access points
from a main roadway or an emergency gate from an adjoining development.
14. The applicant shall install an illuminated building address in accordance to city
standards for size and location. The building address shall be installed on the
building in an unobstructed locale and the color shall be contrasting to background.
15. The applicant shall submit three sets of the following plans for review including
tenant improvement:
A) Fire Alarm System
C) Fire Main Underground
E) Site Plan to Scale
B) Sprinkler System
D) Hood Suppression System
16. Conditions are subject to change with adoption of new codes, ordinances, laws or
when building permits are not obtained within twelve months.
17. Additional conditions will be addressed at formal review of the building construction
plans. These conditions can only respond to the preliminary plans reviewed. The
applicant shall provide a Master Site Plan to include all Fencing, Fire Lanes and Fire
Mains with Appliances for review and approval.
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RESOLUTION NO, 2012-14
EXHIBIT "B"
MITIGATED NEGATIVE DECLARATION
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California
Code of Regulations.
CASE NOS: GPA, CZ, PP 11-200 / TPM 36363
APPLICANT/PROJECT SPONSOR:
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, CA 92260
PROJECT DESCRIPTION/LOCATION:
The project involves a General Plan Amendment, Change of Zone, Precise Plan, Tentative
Tract Map, and a Mitigated Negative Declaration of Environmental Impact for construction
of a 73-unit affordable senior housing project on 4.68 acres. The buildings are a mix of one
two-story structure and twelve single -story structures, including a manager's unit and a
structure to be utilized as a resident services building. The property is situated next to
commercial districts and it provides for easy access to public transportation.
The subject property encompasses 4.68± acres and is located west of Washington Street
and south of Avenue of the States. The subject property includes APNs 637-071-002, 637-
170-003, 637-170-004, and 637-170-007, located in a portion of the northeast quarter of
section 13, township 5 south, range 6 east, in the City of Palm Desert, County of Riverside,
State of Califomia, San Bernardino base and meridian.
The City Council of the City of Palm Desert, 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.
LAURI AYLAIAN
DIRECTOR OF COMMUNITY DEVELOPMENT
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March 8, 2012
DATE