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HomeMy WebLinkAboutCC RES 2018-87RESOLUTION NO. 2018-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING OF A CHANGE OF ZONE, A PRECISE PLAN OF DESIGN, AND A TENTATIVE PARCEL MAP (TPM) TO CONSTRUCT A SENIOR LIVING PROJECT OF 164 UNITS, INCLUDING A CLUBHOUSE BUILDING LOCATED AT 74300 COUNTRY CLUB DRIVE; AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: PP 18-0003, CZ 18-0002, AND TPM 37512 WHEREAS, the City Council of the City of Palm Desert, California, did on the 15th day of November 2018, hold a duly noticed public hearing to consider the request by The Wolff Company, for approval of the above -noted project request; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18'h day of September 2018, hold a duly noticed public hearing to consider the request by The Wolff Company, and recommended approval to the City Council of the above -noted project request; and WHEREAS, the Architectural Review Commission of the City of Palm Desert, California, did on the 26th day of June 2018, hold a public hearing to consider the request by The Wolff Company, and recommended approval of the above -noted project request; and WHEREAS, according to the California Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, a further environmental review is necessary. The application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, in the Director of Community Development has determined that the project will not have a negative impact on the environment and that a Mitigated Negative Declaration can be adopted; and WHEREAS, the proposed project conforms to the Subdivision Map Act; and WHEREAS, the project conforms with the Planned Residential (PR-20) zone and with the allowed 20 dwelling units per acre; and WHEREAS, the project establishes a land use pattern that provides upscale housing, as well as open space and recreation uses. The high -quality architectural design with the upscale amenities is compatible within the PR zone; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons, which are outlined in staff report, exist to justify the approval of said request: RESOLUTION NO. 2018k-87 FINDINGS FOR APPROVAL: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The property is designated Employment (E) within the General Plan. The designation allows office, commercial, and multi -family with open space provided throughout the project as key gathering spaces. Buildings can be up to three stories. The proposed project falls within the intent of the purpose of the E designation by providing multi -senior housing with open space areas. A goal of the City is to provide a balanced range of housing types, densities that accommodate existing and future residents across all socioeconomic sectors of the community. The project complies with the General Plan and the density is consistent with the surrounding area and with the proposed change of zone of 20 dwelling units per acre (du/acre). There is no specific plan for the subject property. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvements of the proposed subdivision have been reviewed by the Planning Department, Economic Development, Fire Department, and Public Works Department for consistency with the General Plan and emergency services. The street and utility improvements, circulation patterns, and drainage improvements meet all requirements of the General Plan. All existing perimeter streets are in conformance with the General Plan and minor road work to enlarge an existing median within Country Club Drive is needed. All internal project streets that serve Tentative Parcel Map 37512 conform to City standards and are consistent with adjoining residential developments. There are no specific plans for the property. 3. That the site is physically suitable for the type of development. The 8.4 acres is suitable for the development proposed. Environmental and traffic studies were prepared for the project area. No environmental or traffic concerns were identified that would indicate that development in this area would be unsuitable. In addition, existing commercial and residential developments have successfully constructed similar types of development in the immediate vicinity. No obstacles to the development of surrounding subdivisions were experienced and, due to the proximity and similarity of the proposed development, it's reasonable to conclude that the site is physically suitable for it. The property is suitable for the proposed development as conditioned and mitigated as described in Environmental Assessment. 4. That the site is physically suitable for the proposed density of development. As proposed, the site layout and density are consistent with surrounding development. The property allows for five du/acre, and the project has a density of 19.5 du/acre. The applicant is requesting a change of zone to 20 du/acre, which will support the proposed development. Over the years, the City Council has rezoned numerous PR parcels from five du/acre to 20 and 22 du/acre in the surrounding area. 3 0 2 RESOLUTION NO. 201& -87 The request for the change of zone meets the intent of the PR zone by providing a mixture of residential densities in the surrounding area. The building density would not adversely impact any adjacent properties since the bulk of the development is located adjacent to Desert Willow Golf Course and away from public views. The change of zone is necessary to carry out the vision of an upscale senior project. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injury to fish or wildlife or their habitat. For purposes of CEQA, a Mitigated Negative Declaration of Environmental Impact has been prepared. The design of the project will not cause substantial environmental damage or injure fish or wildlife or their habitat since the surrounding area has been developed with similar land uses and a golf course. Environmental studies performed at the site did not identify any endangered or sensitive species. In addition, the project will pay into the Coachella Valley Multi -Species Habitat Conservation fund for the development of raw land. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The design and layout of the 165 senior units are in compliance with all grading requirements and the properties will be developed in accordance with the Uniform California Building Code. Grade changes in the community are accommodated by the street layout and open space provided throughout the subdivision. Pedestrian access is provided along Country Club Drive, which decreases the need for vehicular traffic between adjoining properties. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The proposed project will construct a combination above and below ground water infiltration system for the project. The parcel map identifies the use of this area, and the applicant is responsible for the maintenance of the retention. Surrounding perimeter City streets are built -out to the General Plan designation and the developer will complete minor improvements along Country Club Drive. 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 the City Council does hereby approve of the Change of Zone, Mitigated Negative Declaration of Environmental Impact, Precise Plan of design, and Tentative Parcel Map 37512 as proposed. 3 RESOLUTION NO. 2010i-87 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 15th day of November 2018, by the following vote, to wit: AYES: HARNIK, KELLY, WEBER, and JONATHAN NOES: NESTANDE ABSENT: NONE ABSTAIN: NONE ATTEST: LeRACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA SABBY JONAT(-IAN, MAYOR 4 RESOLUTION NO. 2018-87 CONDITIONS OF APPROVAL CASE NOS: PP 18-0003, CZ 18-0002, and TPM 37512 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. The applicant shall record Parcel Map 37512 within two (2) years of project approval. Construction of improvements, in accordance with the approved project, shall commence within two (2) years from the date of approval unless a time extension 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 the approved project and all Palm Desert 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 or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 5. A cultural resources inventory shall be completed by a qualified archeologist prior to any development activities within the project area. 6. If the presence of cultural resources is identified in the cultural resources inventory, an approved Native Cultural Resource Monitor shall be on site during ground disturbing activities. 7. Should human remains be discovered during the construction of the proposed project, the project coordinator will be subject to either the state Law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance, all destructive activity in the immediate vicinity shall halt and the County Coroner shall be contacted pursuant to State Health and Safety Code 7050.5. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City and Developer will work with the designated MLD to determine the final disposition of the remains. 8. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 5 RESOLUTION NO. 2018-87 9. The applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with counsel chosen by the City at applicant's expense. 10. The project shall have a density of 20 dwelling units per acre. 11. An alternative to providing affordable, low-income, moderate -income or any other subsidized or inclusionary housing, the developer will pay an Affordable Housing Fee of $9.86/net rentable square -foot totaling $1,350,000. The payment will be collected in phases per the applicants phasing plan approved by staff. 12. Lighting plans shall be submitted in accordance with Palm Desert Municipal Code (PDM.C) Section 24.16 for any landscape, architectural, street, or other lighting types within the project area. 13. The findings in the CEQA Mitigated Negative Declaration of Environmental Assessment shall be incorporated into the planning, design, development, and operation of the project. 14. Final landscape plans shall be submitted to the City's Department of Community Development and the CVWD for review and approval. The landscape plan shall conform to the landscape palate contained in the preliminary landscape plans prepared as part of this application, and shall include dense plantings of landscape material. All plants shall be a minimum of five gallons in size, and trees shall be a minimum of 15- and 24-inch box sizes. DEPARTMENT OF PUBLIC WORKS: Prior to recordation of the parcel map: 15. The parcel map shall be submitted to the City Engineer for review and approval. 16. Easements for drainage, pedestrian, and public utility purposes shall be provided as needed on the final parcel map. 17. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the PDMC. 18. The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section 26.49 of PDMC and Palm Desert Ordinance Number 653. 19. Park fees in accordance with PDMC Section 26.48.060 shall be paid prior to the recordation of the tract map. 7 6 RESOLUTION NO. 2018-87 Prior to the issuance of a grading permit: 20. The applicant shall 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. 21. The applicant shall submit a PM10 application for approval. The applicant shall comply with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control. 22. The applicant shall abide by all provisions of the City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 23. The applicant shall submit a final Water Quality Management Plan (WQMP) for review and 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 a 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. 24. The applicant shall enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of all off -site improvements. Plans shall be submitted for review and approval prior to construction. Improvements shall include, but are not limited to: A. The construction of a new landscaped median on Country Club Drive. B. The extension of an existing median on Country Club Drive. C. The construction of driveways on Country Club Drive. 25. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the PDMC. 26. Project access will be limited to a left -turn in and a right -turn out of the project. BUILDING AND SAFETY DEPARTMENT: 27. This project shall comply with the latest adopted edition of the following codes. A. 2016 California Building Code and its appendices and standards. B. 2016 California Residential Code and its appendices and standards. C. 2016 California Plumbing Code and its appendices and standards. D. 2016 California Mechanical Code and its appendices and standards. E. 2016 California Electrical Code. F. 2016 California Energy Code. G. 2016 California Green Building Standards Code. H. Title 24 California Code of Regulations. I. 2016 California Fire Code and its appendices and standards. 28. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 7 RESOLUTION NO. 2018—&7. 29. An accessible access overlay of the precise grading plan is required to be submitted to the Department of Building and Safety for plan review of the site accessibility requirements as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10. 30. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B- 206) 31. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B- 705.1.2.2. 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 supersede the State requirement. 32. All common use facilities, areas, amenities, etc. are required to comply with Chapter 11 B of the California Building Code. 33. Public pools and spas must be first approved by the Riverside County Department of Environmental Health and then submitted to Department of Building and Safety. Pools and Spas for public use are required to be accessible. 34. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per PDMC, Title 5. 35. All contractors and/or owner -builders must submit a valid Certificate of Workers' Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 36. Address numerals shall comply with Palm Desert Ordinance No. 1265 (PDMC 15.28. Compliance with Ordinance 1265 regarding street address location, dimension, a stroke of line, distance from the street, height from grade, height from the 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 1265 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. FIRE DEPARTMENT: 37. Fire Department Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 38. The project may have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, traffic, and population. The project proponents/developers will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees. 3 8 RESOLUTION NO. 2018-87 39. Fire Department emergency vehicle apparatus access road locations and design shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. 40. Fire Department water system(s) for fire protection shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. 9