HomeMy WebLinkAboutRes 06-128 and Ord 1122 PP 06-01 Amendment 1 & C/Z 06-02REQUEST:
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
Consideration of approval of a an amended precise plan of design
including a height exception, and a Negative Declaration of Environmental
Impact to allow construction of 260 apartments 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.
SUBMITTED BY: Steve Smith, Planning Manager
APPLICANT: Sinatra and Cook Project, LLC
828 North Ogden Drive
Los Angeles, CA 90046
CASE NOS: PP 06-01 Amendment #1 and C/Z 06-02
DATE: September 12, 2006
CONTENTS:
Staff Recommendation
Background
Discussion
Draft Resolution No. 06-128 and Draft Ordinance No. 1122
June 22, 2006 City Council Staff Report
Related Plans and Exhibits
Staff Recommendation:
That the City Council adopt Resolution No. 06-128 approving Case No. PP 06-
01 Amendment #1, subject to conditions.
That the City Council adopt Ordinance No. 1122 approving Case No. C/Z 06-02.
Background:
As a result of Council comments during previous Council consideration of this
project, the applicant has submitted an amended precise plan of design for
consideration.
The amended plan will:
1. Replace all eighteen (18) 450 square foot studio units with eighteen (18) 837
square foot one -bedroom units.
2. Increase the number of units with attached garages from 90 units to 160 units.
Staff Report
Case Nos. PP 06-01 and C/Z 06-02
Page 2
September 12, 2006
3. Eliminate the traffic circle at the south Cook Street access.
Discussion:
The proposed changes will not significantly impact the project which was previously
approved.
Replacing the studio units with one -bedroom units will eliminate the lowest cost units
from the project. Housing Authority staff advise that market rent for the studios would
have been around $600 per month while the one -bedroom units will be approximately
$850 per month.
The Public Works Department advises that the revised access from Cook Street is
acceptable.
CEQA Review:
The project was reviewed for the purposes of CEQA. The Director of Community
Development has determined that the project as conditioned will not have a significant
impact on the environment and recommends that a Negative Declaration of
Environmental Impact be certified by the City Council.
Submitted by:
Steve Smit_Z(.e
h
Planning Manager
Approval:
Homer Croy
ACM for Development Services
(W pdocs\tmisr\pp06-01 a.cc)
Department Head:
Phil Drell
Director of Community Development
Approval:
Carlos L. 9ga
City Manager
CITY COUNCIL FACTION:
APPROVED ✓ DENIED
RECEIVED OMER!
MEETIN DATE
AYES: ►.I)1 J
NOES:
ABSENT:/(4N
ABSTAIN: %�.
VERIFIED BY: PI
Original on File
City clo ri , s bi c.
RESOLUTION 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, California, 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, California, did on the 14tn
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
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. o6-12g
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:
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 day of , 2006, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
r.
JAMES FERGUSON, Mayor
RESOLUTION NO. 06-128
EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. PP 06-01
Department of Communitv Development:
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 earning 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
0
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.
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
5
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 turn 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.
0
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:
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.
rA
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.
PHILIP DRELL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
RESOLUTION NO. 06-128
ATTACHMENT
* Continued consideratin of Ord. No. 1122 and
instructed staff to renotice the amended plan for the
project to be heard at the next meeting. 4-0 MEETING SATE
y v%1TIM:.JED TO � � `f �`•(�
G
ORDINANCE NO. 1122 ❑ PASSED TO 2ND READING
AN ORDINANCE OF THE CITY COUNCIL'Ur i nit k..i i i "ofr'
PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO.
107, THE PALM DESERT ZONING MAP BY CHANGING THE
ZONE FROM PR-5 TO PC-3 AND FROM PR-5 TO PR-17
FOR A 19.6-ACRE SITE NORTH OF FRANK SINATRA
DRIVE BETWEEN COOK STREET AND COLLEGE DRIVE,
37-755 COOK STREET.
CASE NO. C/Z 06-02
The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN,
as follows:
SECTION 1: That a portion of Ordinance No. 107 referencing Section 25.46.1 of
the Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code)
is hereby amended to read as shown on the attached Exhibit "A."
SECTION 2: That a Negative Declaration of Environmental Impact is hereby
certified as shown on the attached Exhibit "B."
SECTION 3: The City Clerk of the City of Palm Desert, California, is hereby directed
to publish this ordinance in the Desert Sun, a newspaper of general circulation, published
and circulated in the City of Palm Desert, California, and shall be in full force and effect
thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this
day of , 2006, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES FERGUSON, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
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Case NO. C/Z 06-02 CITY COUNCIL
CHANGE OF ZONE ORDINANCE NO. 1122
EXHIBIT A Date:
ORDINANCE NO. 1122
EXHIBIT B
NEGATIVE DECLARATION
CASE NO: 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, and 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.
June 6. 2006
PHILIP DRELL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
3
07/12/2006 10:02 FAX -Oft, Z 002
.Allen Matkins
www. all en matkins. c o m
AUw Markin Leck Gamble Mallory & Natsis L.tP
Avomer at Law
515 5omth Fiisueroe, 7 h Floor I L m Angeles, CA 90071 3398
Tc1cp1mnc: 213.62255551 Facnimilc: 213.620.8816
Patrick A. Perry
E-aml: gperr @aRcnma*ins.com
Direol Dial: 213 955 5304 me NunVxr. 5754E-009M724173.01
July 11, 2006
VIA FACSEWME .tND
FJRST CLASS A AIL
Mayor Jim Ferguson
Mayor Pro Tem Richard S. Kelly
Councilmember Jeali M. Benson
Councilmember Robert A. Spiegel
City o£Palm Desert
73-510 Fred Waring Mivc
Palm Desert, Califomia 92260
Re: Case No. C/Z 06-02 and PP 06-01
Dear Members of thu Palm Desert City Council:
This firm represents Sinatra and Cook Project, LLC ("SCP'J in connection with its
application for approval of the above referenced zone change and precise plan to develop 260
residential units and 38,000 square feet of neighborhood serving commercial uses (the "Project") on
the property located generally at 37-755 Cook Street (the "Property"). On June 22, the City Council
adopted Resolution No. 06-107 approving the precise plan and passed Ordinance No. 1122 on first
reading for the requested zone change. Resolution No. 06-107 and Ordinance No. 1122 were both
by a 3-2 vote, with Councilmember Crites voting in favor. Further action on Resolution
No. 06-107 is not required, but the required second reading of Ordinance No. 1122 is scheduled to be
considered by the City Council on July 13, 2006. State law requires legislative acts by local
governments to be approved by a majority of the members of the legislative body. SCP is concerned
that with the recent resignation of Councilmember Crites, a majority of City Council members may
not vote in favor of Ordinance No. 1122 on second reading.
SCP understands that the requested zone change for the Property is required because the
zoning designation of the Property is not consistent with the Property's land use designation as set
forth in the Palm Desert General Plan. The current General Plan land use designation for the
Property is Mixed Use (te) — Comraez Wff igh Density (R kl), 10 to 22 dwelling units per acre.
The current Zoning designation for the Property is P.R-5, Planned Residential, five dwelling units per
ate. Svction 65860 ofthc California Government Codc requires zoning ordinanccs to be consistent
with adopted general plans. Government Code section 65860(c) specifically provides that "[i]n the
event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to
Lm Anselea l or=M County I San Ne®o I Centuy City I San P aecima I Dal Mar Hdahm
Received Jul-12-06 10:01am From- To -PALM DESERT CITY CLE Page 02
07/12/2006 10:02 FAX �► Q 003
r'"01,
Allen Matkm Leak Gamble Mallory & Natsis LIP
Atsameys at Law
Mayor Jim Ferguson
July 11, 2006
Pago 2
the plan, or to any elment of the plan, the zoning ordinance shall be amended within a reasonable
time so that it is contistent with the general plan as amended." The City's General Plan was amended
in 2004 to change the. land use designation of the Property from Low Density Residential to Mixed
Use. The P.R-5 zoning designation of the Property is not consistent with the Mixed Use designation
of tho Property in thc= Ckncral Plan_ If the City Council fails to change the zoning designation of the
Property as proposed in Ordinance No. 1122, the City will be in violation of section 65860 of the
Government Code. Approval of Ordinance No. 1122 is therefore necessary in order to achieve
compliance with State law.
In addition to the existing inconsistency between the General Plan and zoning designations of
the Property, failure to approve the Project will result in considerable hardship to SCP. The City
recently issued appmximatcly $70 million in bonds for public infrastructure improvements to bcncfit
the .Property and surrounding properties_ SCP is required to pay special taxes on the Property in the
annual amount of S400,000 to repay the bonds. The Property cannot support the special tax
assessment unless the Property can be developed with sufficient density to generate an acceptable
rate of return. The amount of the special tax also renders the Property unmarketable in the absence of
significantly greater development potential. SCP would accordingly experienoe a substantial
hardship if the Ciry (is -des SCP's ability to develop the Project as proposed. SCP accordingly
requests the City Council to approve Ordinance No_ 1122 on second reading and permit SCP to
proceed with the development of the Project at this time.
Your thoughrful consideration of this matter is greatly appreciated. Please call with any
questions or if I can provide further information with respect to this issue.
Vcry truly yours,
Patrick A. Perry
PAP:lvb
Cc: W. Carlos C)rtcga
David Erwin, Esq.
Received Jul-12-06 10:01am From- To -PALL DESERT CITY CLE Page 03
07/12/2006 10:02 FAX
2001
RECEIVED
CITY CLERK'S OFFICE
PALM DESERT, CA
2006 JUL 12 AM 10: 11 F uesimi,e Allen Matkins
www.aIle nmatkins. com
Allcn Maticins Leek Gamble Mallory & Natsis LLP
To: City Council
Fax:46Q441-9r34 1 Phone: 760.346.0611
H bp, 340— 0�,-7 4
Comments:
From: Patrick A. Perry
Telephone: 213.955.5504
E-mail: ppeny@allentnatkins_com
File Number. S7548-009/ .
Data: July 12, 2006
Total pages including cover sheet: 03
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LOS Angeles I Orange Copy I San Diego I Cennuy Chy I San Francisco I Del Mar Heights
515 South Fig:icros, 7' Floor I Los Angeles, CA 90071-33981 Tdcphonc 213.62255551 Facsimiics 213.620.6616
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