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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 3 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 IUI I I J =JULIE LN �C 4E.E- { 'JEIRIIEt� COSMOPOLNLRAN 11 II I 11 IPbR4�LAJJ MOEMY'LN'E I PIIITLI tl I J 0 �I �I di I LjL 1 �PLA�E WM I PE CE E IN � � NQPK CIR CIR EI NKOKOPELL11;.COLLE.VIE CIR ALPWEIL'N UNIVERSITY e POINTE CT orals N vELE PL i I City of Palm Desert PR-5 T ■ O �R*�R PC-3 PR-5 — _-_ __-• BERI TO \'N \ Y PR-17 0 611 MANK-SINA-TRA-DR I _ ,iW I. 0 E DESERT PR-5 TO PC-3 PR-5 TO PR-17 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 original wi0 be scar via: E21 mail E3 sncsscag= ❑ fcdcx/couricr 0 not scat Note; 77w information contoured is this facsunde domment is coWential and a inwided only for du use of the individual named above. 4ydie reader ofthis message is not the &wdrd redplent, you are hereby noriftad that any dissemintulon, dkirlbWion or copying offfib communkatlon is sirkrly prohibited tryaw have rovmvi,d d= commmo ication in prior, please immadiately tra96 rar by to%phone and return the or;sinal document to us at the obova address via U.S. Mail We wllt reimbumeyoufor iheposiage Thankyota 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 Received Jul-12-06 10:01am From- To -PALM DESERT CITY CLE Page 01