HomeMy WebLinkAboutRes 08-43 CUP 07-17 & PP 07-15 The Robert Mayer Trust CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Approval of a request by Oakmont Senior Living, LLC, which
consists of a Conditional Use Permit and a proposed Precise Plan to
construct 121 senior community care and healthcare units with
decorative architectural elements up to 34 feet 11 inches tall on 8.63
acres located on the northeast corner of Country Club Drive and
Monterey Avenue at 73-050 Country Club Drive. A Mitigated
Negative Declaration resulting from an Environmental Assessment
pursuant to the California Environmental Quality Act (CEQA) has
been prepared for the proposed project.
SUBMITTED BY: Renee Schrader, Associate Planner
APPLICANT: The Robert L. Mayer Trust of 1982
660 Newport Center Dr. #1050
Newport Beach, CA 92660
DEVELOPER: Oakmont Senior Living, LLC
220 Concourse Blvd.
Santa Rosa, CA 95403
CASE NO(s): CUP 07-17 PP 07-15
DATE: May 22, 2008
CONTENTS: Draft Resolution No. 08-43
Planning Commission Minutes, dated April 15, 2008
DRAFT Planning Commission Resolution 2472
Planning Commission Staff Report, dated April 15, 2008
ARC Minutes
Plans and Exhibits
Recommendation:
That the Ciry Council waive further reading and adopt Resolution No.
O8_43 approving CUP 07-17 and PP 07-15, subject to conditions attached.
Staff Report
Case NO(s) CUP 07-17 PP 07-15
May 22, 2008
Page 2 of 10
Executive Summary:
Approval of Conditional Use Permit 07-17 and for the approval of decorative
architectural elements up to 34'11" in height for Precise Plan 07-15 would allow
the applicant to develop a state licensed institutional senior care facility and
residential use on property zoned PR-7 (Planned Residential/ 7 units per acre).
The proposed project would build 117 senior care units housed in a two story
building and would construct four single story casitas on the property. A Mitigated
Negative Declaration was prepared in accordance with thresholds set by the
California Environmental Quality Act (CEQA). The design details and
comprehensive visual impacts of the project were approved by the Architectural
Review Commission at its meeting of February 26, 2008. The findings for the
support of a Conditional Use Permit and Precise Plan were approved by the
Planning Commission on April 15, 2008.
Discussion:
I. BACKGROUND:
A. Property Description:
The site was previously approved in 2006 as a Tentative Tract Map to
develop 49 two-story single-family residential lots. Currently the property is
vacant. It is situated on a site that is one of the western gateway points
into the city. To the north is a residential development, to the south is a
commercial retail center, and to the west is the Rancho Mirage city limit.
B. Zoning and General Plan Designation:
Zone: PR-7 Planned Residential (7 units/acre)
General Plan CC Community Commercial
C. Adjacent Zoning and Land Use:
North: PR-7Planned Residential (7 units/acre) Merano Subdivision
South: PC-2 Planned Commercial Bristol Farms
• East: PR-7 Planned Residential (7 units/acre) Merano Subdivision
West: City of Rancho Mirage Commercial Development
II. PROJECT DESCRIPTION:
Oakmont Senior Living intends to bring a unique campus style senior living
project to Palm Desert. Oakmont Senior Living proposes to build 121 senior
communiry care and healthcare units, offering a wide range of services within a
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Staff Report
Case NO(s) CUP 07-17 PP 07-15
May 22, 2008
Page 3 of 10
gracious and secure environment. The 8.63-acre site will accommodate
approximately 117 units in the main two-story building and four single story two-
bedroom detached "casitas". This senior health care facility will be licensed by
the Social Service Department of the State of California and carry a Certificate of
Authority. Designed architecturally from the ground up to provide for the special
needs of seniors, the luxury private rooms will be supplemented with common
areas to promote friendships and create a sense of open community.
Senior residents can choose from two-bedroom "casitas", or one of the 117
spacious one- or two-bedroom units, ranging from 486 to 1,754 square feet. The
residents will receive healthy meals, housekeeping, assistance from
knowledgeable staff, an emergency response system, programs such as aqua
aerobics, and health screening. Progressive care needs of the residents will be
addressed by providing high acuity assisted living. Also residents will be able to
take health services in their individual units.
This self-sufficient senior community will provide amenities such as private and
formal dining rooms, a cafe, entertainment and activity rooms, business and
computer center, beaury salon, library, outside courtyard, swimming pool, nine-
hole putting course and more. There will be an in-house fitness center, lectures,
and a private Surround-Sound theater. Luxurious comfort will be defined by the
fine woodwork, elegant furnishings, artwork, fireplaces, and fresh flowers.
Conversation areas are strategically located throughout the building to promote
socializing.
A. Site Plan:
The plan proposes a courtyard entry located within a main entry facing
Country Club Drive that would serve as vehicle and pedestrian drop-off. The
site plan illustrates that the primary vehicular entrance to the property is
from Via Scena off of Country Club Drive into the complex. A secondary
emergency gated egress empties onto Monterey Avenue. Underground
parking is accessed through the front of the project onto Country Club
Drive. The complex proposes a main building that wraps around the corner
with setbacks on the second story of the rear of the project abutting a single
family residential neighborhood. The interior of the site proposes a putting
green, and a paved walkway encircles the perimeter of the site.
B. Building Description:
Approximately 104 feet separate the second story units of the proposed
Oakmont main building from the rear property line of the residential projects
to the north. Roofline heights vary on the main building and range in height
from the predominant building line of 24' high to the tallest tower element of
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Staff Report
Case NO(s) CUP 07-17 PP 07-15
May 22, 2008
Page 4 of 10
34'11". The largest single building is 215,032 square feet. While the project
appears to be one solid block in plan view, its elevation is punctuated with a
series of defined modulations in the form of recessed balconies, first and
second story alcoves, articulating rooflines, and a variety of fenestration
types.
C. Architecture:
The project architecture is of a Spanish Colonial design, utilizing a mix of
stucco, tile and wrought iron. Awnings and light colors present a soft
appearance while protecting from solar gain. Classic shapes and rhythms
generally associated with the Spanish Colonial architectural language are
placed throughout the building elevations, contained in the representation
of surface details, and in its exterior expression of space.
Judicious use of water elements adds a cooling influence while the
landscape palette will focus on a desert theme, with plants requiring
minimal water usages. The plant selection is in conformance with the
City's Landscape Maintenance Guide and recommendations. While the
plans have not yet received Preliminary Approval from the Ciry's
landscape specialist, they have been approved in concept.
III. ANALYSIS:
Oakmont Senior Living conforms to all zoning regulations. The following
information analyzes the project's expected impact on the site.
A. Parking:
Parking is provided as per Palm Desert Municipal Code Section
25.58.310.C. Health Uses as foAows:
Convalescent and nursing homes, homes for aged, rest homes,
children's homes and sanitariums: one parking space for every four
beds in accordance with the resident capacity of the home as listed on
the required license or permit. Oakmont Senior Living is a fully
licensed faciliry. For the purposes of context the following would apply:
• The minimum required parking would be approximately 121/4 =
30.25 spaces.
• If there is double occupancy in 50% of the non-casita units 181/4=
45.25 spaces.
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Staff Report
Case NO(s) CUP 07-17 PP 07-15
May 22, 2008
Page 5 of 10
The proposed project would provide the following parking counts:
Underaround
Standard Spaces 92
Handicap Spaces 4
Casita Garages 8
Surface Spaces
Standard Spaces 57
Handicap Spaces 2
Total Parking Provided 163
It is anticipated that the majority of the residents would utilize shuttle
services that will be provided to take residents to shops, appointments
and community activities. Visitors and employees would use surface
parking spaces.
B. Height:
The project proposes to build one two-story building at the street front of
the properry that would wrap around the corner and four single-story
casitas in the rear of the property. In its design the main building proposes
tile roofs that cover patios on the first floor. To create balance and
harmony the design utilizes raised architectural elements and decorative
towers. The highest of these elements is 34' 11" tall.
The height limit for continuous rooflines in a commercial district is 30 feet,
and the height limit for multi-family residence is 22' for a flat roof and 24'
for a pitched roof. For the proposed institutional use the building height is
predominantly 24'.
The second story is stepped back in the rear of the project as it faces the
adjacent single story residents. This setback is significant. From the
second story of the Oakmont project to the residences abutting the project
to the north there is a setback of 118'6".
In accordance with Zoning Ordinance Section 25.56.300 "Height of a
Structure" a decorative architectural element may be erected up to 25'
higher than the allowed height for the district. The Oakmont Senior Living
project can be considered as a multi-family development. Therefore, the
maximum allowed height for the architectural elements would be 49'.
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Staff Report
Case NO(s) CUP 07-17 PP 07-15
May 22, 2008
Page 6 of 10
As a policy of the City, architectural elements are reviewed by the City
Council. The Architectural Review Commission found that the decorative
aspects of the height projections enhance the overall appearance of the
building.
C. Density:
The proposed density is 14 units per acre. The density associated with the
previously approved project was 6 units per acre. However, the previously
approved 49 single-family homes were two-story structures that potentially
could result in families of three persons or more. Therefore, the Oakmont
Senior Living project could result in fewer residents overall and be
considered less dense. In addition, hardscape to pave streets and an
increase in automobile trips to service the larger number residents would
have created a greater impact than the current proposal.
D. Findings for Approval for a Conditional Use Permit:
In accordance with the City of Palm Desert Zoning Ordinance 25.72.070,
the following findings for a Conditional Use Permit are required to be
made before granting a Conditional Use Permit:
1. That the proposed location of the conditional use is in accord with
the objectives of this title and the purpose of the district in which
the site is located;
a. The proposed location of the Oakmont Senior Living
assisted senior care residence and facility is in accordance
with the objective of the zoning ordinance, which aims to
provide compatible uses in proximiry. As presented the
project is an outstanding positive architectural contribution to
the streetscape fulfilling the objectives of the transition
aspect of the gateway frontage.
b. The proposed location of the Oakmont Senior Living
assisted senior care residence and facility is cited in such a
way to make accessible uses of increased intensity such as
commercial centers yet provide a buffer to the single family
residences to the north and east of the project.
2. That the proposed location of the conditional use and the
conditions under which it would be operated or maintained will not
be detrimental to the public health, safety, or welfare, or be
materially injurious to properties or improvements in the vicinity;
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Staff Report
Case NO(s) CUP 07-17 PP 07-15
May 22, 2008
Page 7 of 10
a. The proposed project will be conditioned to meet all
requirements of the municipal code and state law, including
those that address public safety, and public health.
Therefore, the proposed location is not expected to create
detrimental effects to the public health, safety and welfare or
be materially injurious to properties or improvements in the
city.
b. An environmental assessment leading to a mitigated
negative declaration has been prepared that concludes that
there will be no adverse environmental effects.
3. That the proposed conditional use will comply with each of the
applicable provisions of this title, except for approved variances or
adjustments;
a. The proposed conditional use complies with each of the
applicable provisions of Title 25 "Zoning".
b. The proposed Conditional Use Permit does not request of
the Planning Commission any adjustments or variances. The
decorative architectural elements of the project are allowed
by the zoning ordinance and have been approved by the
Architectural Review Commission.
4. That the proposed conditional use complies with the goals,
objectives, and policies of the City's General Plan.
a. The project as proposed is designed in accordance with the
goals and objectives of the City's General Plan for this area.
The General Plan land use designation is Mixed Use (MU)
Commercial high density (R-H) 10-22 dwelling units per acre
project.
b. The Oakmont Senior Living provides housing in a garden
setting at 14 dwelling units per acre. It can be found that the
use is compatible with the objectives and polices of the
General Plan. The institutional aspect provides a slight but
welcomed increase of employment in the area.
In addition to the above Code-referenced findings, the City Council may
wish to consider the traffic impacts in order to approve a Conditional Use
Permit for an institutional use in a residential zone.
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Staff Report
Case NO(s) CUP 07-17 PP 07-15
May 22, 2008
Page 8 of 10
As part of the conditions of approval, the applicant shall be required to
provide road improvements as provided by the Circulation Element of the
General Plan. Except for additional vehicular movements discussed
above, the project should not generate additional demands on existing
transportation systems. The proposed circulation systems have sufficient
capacity to accept any additional traffic produced by the proposed
residential project.
The applicant has submitted a Trip Generation Comparison Analysis that
studied the proposed project's impact on local "Level of Service" (LOS).
Expected weekday daily and peak hour trip generation form the proposed
121-unit Continuing Care Retirement Communiry project (340 daily trips,
23 two-way AM peak hour trips and 36 two-way PM peak hour trips)
versus trip generation from 49 single family units (468 daily trips, 36 two-
way AM peak hour trips and 49 two way PM peak hour trips).
In contrast to the 49 single family development, the 121 unit continuing
Care retirement community project would result in about 128 fewer daily
trips (about 27 percent fewer) with 13 fewer AM peak hour trips and
(about 36 percent fewer), and 13 fewer PM peak hour trips (about 26
percent fewer). Therefore, the project is not anticipated to deteriorate the
Level of Service (LOS) on either Monterey Avenue or Country Club Drive.
Principal access to the project area will be through Via Scena, which is
designed to handle vehicular traffic for this type of use.
D. Findings for Approval of a Precise Plan
1. In accordance with Municipal Code Section 25.73 Precise Plan, the
City Council may find that if the proposed precise plan would
substantially depreciate property values in the vicinity or would
unreasonably interfere with the use or enjoyment of property in the
vicinity by the occupants thereof for lawful purposes or would
endanger the public peace, health, safety or general welfare, such
plan shall be rejected or shall be so modified or conditioned before
adoption as to remove said objections.
The proposed plan, as designed, would upgrade rather than
degrade or endanger the appearance of the current vacant
lot and create a gateway statement. New landscape would
formalize the site and create compatibility with the adjacent
surroundings.
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Staff Report
Case NO(s) CUP 07-17 PP 07-15
May 22, 2008
Page 9 of 10
2. In addition to the foregoing grounds of rejection, the Ciry Council
may also consider and take into account the exterior architectural
design, general exterior appearances, landscape, color, texture of
surface materials and exterior construction, shape and bulk, and
other physical characteristics including location and rype of public
utiliry facilities, and if the City Council were to find that the
proposed precise plan of design, including the considerations
enumerated in the Code would interfere with the orderly
development in the viciniry of the precise plan area, or with the
existing or proposed use thereof, it could reject or modify the
precise plan or condition its approval as to remove the objections.
The proposed architectural sryle is iterated to convey a rich
mixture of modulated spaces with maximum attention given
to detailing of the architectural language in such a manner
as to provide a lasting positive contribution to the built
environment. Where there are architectural elements up to
34'11" in height, the architectural elements enhance the
street presence. The proposed materials and forms will
render a unique and aesthetic appearance.
IV. ENVIRONMENTAL REVIEW:
A Mitigated Negative Declaration has been prepared for the Oakmont Senior
Living assisted residential facility. Due to its location in an urbanized infill setting,
it has been determined that Mandatory Findings of Significance are less than
significant with the exception of incorporating the following mitigation measures:
• The collection of the mitigation fees established by the Multiple Species
Habitat Conservation Plan to provide conservation for biological
resources for which mitigation fees will be applied. (See Initial Study 1V.
a).
• The requirement of a Native American Archeological monitor to be
present during the excavation phase of the project. (See Initial Study V.
" a-d).
• The City of Palm Desert grading and building permits procedures require
detailed geotechnical reports addressing grading specifications and the
settlement and expansive characteristics of on site soils. All structures
must be designed to the 2007 California Building Code requirements to
insure that buildings are constructed within the acceptable level of risk set
forth herein for the type of building and occupancies being developed.
(See Initial Study VI a (i-iv)).
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Staff Report
Case NO(s) CUP 07-17 PP 07-15
May 22, 2008
Page 10 of 10
• Strict adherence to construction hours and days will be required.
Additional measures to mitigate traffic and operational noise will be
required. Noise levels will be mitigated so that the General Plan Noise
Element limits are not exceeded. (See Initial Study XI. a-d)
V. CONCLUSION:
The Oakmont Senior Living conforms to all zoning regulations. Its impact on
density would be minimal as the subject property faces an intersection
developed with high intensity commercial venues. Therefore, its approval would
create a buffer between the abutting single family residential properties to the
north and east and the existing busy commercial corner. The Oakmont Senior
Living facility will have little or no impact with regard to:
• Traffic: Low impact, and would not affect the AM/PM peak commute
times.
• Schools: All residents are senior citizens; therefore schools are not
affected.
• Noise: Once constructed, probably the least noise of any type of
development.
It can be concluded that the proposed institutional use would be a favorable
addition to the vicinity.
Submitted by: Department Head:
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Renee Schra er Lauri Aylaian -
Associate Planer Director of Community Development
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�1ERIFIED BY:
�riginal on File wi�h '�C�,erk's Of���;�
* Adopted Res. No. 08-43, as amended to incorporate the
Carlos L. rt "Build It Green" principles, and include Condition of
City Manager Approva� for a Maintex�ance Agreement between Oakmc�nt
Senior Living, LLC, and Merano Homeowners Association.
5-0
G:\Planning\Renee Schrader\Planning Case Files\CUP 07-17 PP 07-15 Oakmont Senior Living\5-22 CC\OSL City Council StaH Report.doc
RESOLUTION NO. 08-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND A
PRECISE PLAN TO CONSTRUCT 121 SENIOR COMMUNITY CARE AND
HEALTHCARE UNITS WITH DECORATIVE ARCHITECTURAL
ELEMENTS UP TO 34 FEET 11 INCHES TALL ON 8.63 ACRES
LOCATED ON THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE
AND MONTEREY AVENUE AT 73-050 COUNTRY CLUB DRIVE. A
MITIGATED NEGATIVE DECLARATION RESULTING FROM AN
ENVIRONMENTAL ASSESSMENT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) HAS BEEN PREPARED FOR
THE PROPOSED PROJECT.
CASE NO.s CUP 07-17 PP 07-15
WHEREAS, the Ciry Council of the City of Palm Desert, California, did on the 22"d
day of May, 2008, hold a duly noticed public hearing to consider the request by the
OAKMONT SENIOR LIVING, LLC, for approval of the above noted; 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 as mitigated will not have a significant impact on the environment and a
Mitigated Negative Declaration has been prepared; 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 Conditional
Use Permit Request that:
1. The proposed location of the senior licensed assisted care residential
institution requiring a conditional use is in accord with the objectives of this
title and the purpose of the district in which the site is located;
2. The proposed design of the senior licensed assisted care residential
institution, as conditioned, is in accord with the objectives and policies of
the general plan and zoning ordinance and the purpose of the district in
which the site is located.
3. The proposed location of the senior licensed assisted care residential
institution 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.
RESOLUTION NO. 08-43
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 Request that:
1. In accordance with Municipal Code Section 25.73 Precise Plan, the City
Council finds that if the proposed precise plan would substantially
depreciate property values in the vicinity or would unreasonably interfere
with the use or enjoyment of property in the vicinity by the occupants
thereof for lawful purposes or would endanger the public peace, health,
safety or general welfare, such plan shall be rejected or shall be so
modified or conditioned before adoption as to remove said objections.
The proposed plan, as designed would upgrade, rather than
degrade or endanger, the appearance of the current vacant lot and
create a gateway statement. New landscape would formalize the
site and create compatibility with the adjacent surroundings.
2. The City Council may also consider and take into account the exterior
architectural design, general exterior appearances, landscape, color,
texture of surface materials and exterior construction, shape and bulk and
other physical characteristics including location and type of public utility
facilities and, if it is found that the proposed precise plan of design,
including the considerations enumerated in this chapter would interfere
with the orderly development in the vicinity of the precise plan area, or
with the existing or proposed use thereof, such precise plan of design
shall be rejected or shall be so modified or conditioned before approval as
to remove the objections.
The proposed architectural style is iterated to convey a rich mixture
of modulated spaces with maximum attention given to detailing of
the architectural language in such a manner as to provide a lasting
positive contribution to the built environment. Where an approval
for architectural elements up to 34'11" in height is requested, the
architectural elements enhance the street presence. The proposed
materials and forms will render a unique and aesthetic appearance.
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 it does hereby approve Conditional Use Permit 07-17 and Precise
Plan 07-15, subject to conditions attached.
6
RESOLUTION NO. os_�3
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 22"d day of May, 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN BENSON, Mayor
ATTEST:
RACHELLE KLASSEN, City Clerk
Palm Desert City Council
7
RESOLUTION NO. 08-43
CONDITIONS OF APPROVAL
CASE NO. CUP 07-17 PP 07-15
Department of Communitv 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. Construction of said project shall commence within one (1) 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. 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.
4. 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 to be
consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the
approved landscape plan.
5. Applicant shall comply with each mitigation measure as identified in the Mitigated
Negative Declaration prepared March 26, 2008, summarized in the Staff Report
prepared for the Planning Commission meeting of April 15, 2008, and stated in detail
within the attached Initial Study comments.
6. The project shall be subject to all applicable fees at time of issuance of building
permits including, but not limited to, Art in Public Places, Fringe-Toed Lizard or
Coachella Valley Multiple Species Conservation Plan, TUMF, School Mitigation and
Housing Mitigation fees.
7. A detailed parking lot and building lighting plan shall be submitted to staff for approval,
subject to applicable lighting standards. The plan must be prepared by a qualified
lighting engineer.
8
RESOLUTION NO. 08-43
8. The project is subject to the Art in Public Places program per Palm Desert Municipal
Code Chapter 4.10.
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 DevelopmendPlanning.
Department of Public Works:
GENERAL RE(�UIREMENTS
1. All landscape maintenance shall be performed by the properry owner and the
applicant shall enter into a landscape maintenance agreement with the City for the
life of the project, consistent with the Municipal Code provisions and the approved
landscaped plan.
2. A complete preliminary soils investigation, conducted by a registered soils engineer,
shall be submitted to, and approved by, the Department of Public Works prior to the
issuance of a grading permit.
BONDS AND FEES
3. Signalization fees, in accordance with Ciry of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to issuance of grading permit.
4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
5. A standard inspection fee shall be paid prior to issuance of grading permits.
6. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code
shall be paid prior to issuance of grading permits.
DESIGN REQUIREMENTS
7. Storm drain design and construction shall be contingent upon a drainage study
prepared by a registered civil engineer that is reviewed and approved by the
Department of Public Works prior to start of construction. Project is required to
retain on-site a 25 year storm and conform to the Merano Drainage Master
Plan. If the existing retention basin is used, then a sub-surface nuisance
water retention/infiltration system shall be installed and the developer shall
enter into a maintenance agreement with the owner of the basin.
8. Complete grading and improvement plans and specifications shall be submitted to
the Director of Public Works for checking and approval prior to issuance of any
permits.
9. Any and all offsite improvements shall be preceded by the approval of plans and the
issuance of valid encroachment permits by the Department of Public Works.
10. Pad elevations are subject to review and modification in accordance with Chapter 26
of the Palm Desert Municipal Code.
11. Landscape installation shall be drought tolerant in nature and in accordance with the
Ciry's Water Efficient Landscape Ordinance (24.04).
12. Landscape plans shall be submitted for review concurrently with grading plans.
13. The applicant shall provide cobble and boulders as landscape for the adjacent right
9
RESOLUTION NO. 08-43
turn pocket island and it shall match the cobble and boulders of the landscape on
site.
14. Full public improvements, as required by Section 26 of the Pa{m Desert Municipal
Code, shall be installed in accordance with City standards including:
• Installation of 8' meandering sidewalk minimum 4' setback from back of curb.
• 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.
CONSTRUCTION REQUIREMENTS
14. All public and private improvements shall be inspected by the Department of Public
Works and no occupancy permit shall be granted until the improvements have been
com pleted.
15. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12,
Fugitive Dust Control as well as Section 24.20, Storm water Management and
Discharge Control.
16. Prior to the start of construction, the applicant shall submit satisfactory evidence to
the Director of Public Works of intended compliance with the National Pollutant
Discharge Elimination System (NPDES) General Construction Permit for storm water
discharges associated with construction. Developer must contact Riverside Counry
Flood Control District for informational materials.
SPECIAL CONDITIONS
17. Entrance to underground parking shall be posted for "No Visitor Parking, Assigned
Spaces Only".
18. Developer shall contribute proportionately for a landscaped center median on
Monterey Avenue adjacent to their project. The landscaped portion shall be
measured from the corresponding Oakmont Senior Living property lines westward
and a centerline down the median corresponding to the City of Palm Desert city limit.
Developer shall contribute a per square foot dollar amount as determined by the
Department of Public Works.
BuildinQ & Safetv Deaartment:
1. Project must conform to the current State of California Codes adopted at the time of
plan check submittal. The following are the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
2. An approved automatic fire sprinkler system shall be installed in every building
(except R3 occupancies) where the total accumulation of gross floor area is 3000
square feet or more. (Reference City of Palm Desert Ordinance 1054)
10
RESOLUTION NO. OS-43
3. Compliance with Ordinance 1124, Local Energy Efficiency Standards. The
requirements are more restrictive than the 2007 California Energy Code. Please
obtain a copy of the Ordinance for further information.
4. A disabled access overlay of the precise grading plan is required to be submitted to
the Dept of Building and Safery for plan review of the site accessibility requirements
as per 2007 CBC Chapters 11 A & B (as applicable) and Chapter 10.
5. All entrances and exits of the common facilities must provide an accessible path of
travel to the public way. (CBC 1024.6 & 1127B.1)
6. Detectable warnings shall be provided where required per CBC 11336.8 and
11276.5 (7). The designer is also required to meet all ADA requirements. Where an
ADA requirement is more restrictive than the State of California, the ADA
requirement shall supercede the State requirement.
7. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Dept of Building and
Safery.
8. 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 fully 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. 1006 (Palm Desert
Municipal Code 15.04.110 through 15.04.160). Compliance with Ordinance 1006
regarding street address location, dimension, stroke of line, distance from street,
height from grade, height from street, etc. shall be shown on all architectural building
elevations in detail. Any possible obstructions, shadows, lighting, landscaping,
backgrounds or other reasons that may render the building address unreadable shall
be addressed during the plan review process. You may request a copy of Ordinance
1006 from the Department of Building and Safety counter staff.
11. Please contact Debbie Le Blanc, Land Management Specialist, at the Department of
Building and Safety (760-776-6420) regarding the addressing of all buildings and/or
suites.
Riverside Countv Fire Deaartment:
1. With respect to the conditions of approval regarding the above referenced project,
the fire department recommends the following fire protection measures be provided
11
RESOLUTION NO. 08-43
in accordance with City Municipal Code, NFPA, CFC, and CBC or any recognized
Fire Protection Standards:
The Fire Department is required to set a minimum fire flow for the remodel or
construction of all buildings per UFC article 87.
2. A fire flow of 1500 gpm for a 1-hour duration at 20 psi residual pressure must be
available before any combustible material is placed on the job site.
3. Provide or show that there exists a water system capable of providing a gpm flow of
3000 gpm for commercial buildings.
4. The required flow shall be available from a wet barrel Super Hydrant (s) 4" x 2 'h "x
2'/z", located not less than 25' nor more than 165' from any portion of a multi-family
dwelling measured via vehicular driveway or 150' from a commercial building
measured via vehicular travel-way.
5. Water Plans must be approved by the Fire Marshal and include verification that the
water system will produce the required fire flow.
6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a
3000 square foot total cumulative floor area. The Fire Marshal shall approve the
locations of all post indicator valves and fire department connections. All valves and
connections shall not be less than 25' from the building and within 50' of an
approved hydrant. Exempted are one and two family dwellings.
7. All valves controlling the water supply for automatic sprinkler systems and Water-
flow switches shall be monitored and alarmed per CBC Chapter 9.
8. Install a fire alarm system as required by the UBC Chapter 3.
9. Install portable fire e�inguishers per NFPA 10, but not less than one 2A106C
extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire
extinguisher is required in all commercial kitchens.
10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public
and private cooking operations except single family residential use if kitchen is
installed in the main building.
11. All building shall be accessible by an all-weather roadway extending to within 150' of
all portions of the exterior walls of the first story. The roadway shall not be less than
24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is
required on both sides of the street, the roadway must be 36' wide and 32' wide with
parking on one side. Dead-end roads in excess of 150' shall be provided with a
minimum 45' radius turn-around 55' in industrial developments.
12.Whenever access into private property is controlled through use of gates, barriers or
other means provisions shall be made to install a "Knox Box" key over-ride system
12
RESOLUTION NO. OS-43
for emergency vehicle access. Minimum gate width shall be 16" with a minimum
vertical clearance of 13'6".
13.A dead end single access over 500' will require a secondary access, sprinklers or
other mitigative measures approved by the Fire Marshall. Under no circumstance
shall a dead end over 1300' be accepted.
14.A second access is required. This can be accomplished by two main access points
form a main roadway or an emergency gate from an adjoining development.
15.All buildings shall have illuminated addresses of a size approved by the city.
16.All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately to the Fire Marshal for approval prior to construction.
17.Turn Around is required at the main building
18. Knox Box is required at the rear secondary access.
19.Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained within twelve months.
Coachella Vallev Water District:
1. P1ans for grading, landscaping, and irrigation systems shall be submitted to the
District for review to ensure efficient water management.
13
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 15. 2008
Commissioner Tanner asked if that didn't work, it would be filled in with
fencing.
Mr. Homme was afraid if he put a little piece o� masonr���ivall in there
someone would just pull it down. This worke� ;-�od. Someone
couldn't put a chain through it or a;k�ook ov .
�� �
Chairperson Tschopp asked for any t ��' ony in � '� �, �F� POSITI,, �
t o t h e p r o p o s a l. T h e r e w a s n o n e d t h e c h' '
Chairperson Tschopp asked for Co sion , � ments. � � � ��'����
�... ���;�
Commissioner Campbell stated that � ' aff findings and signatures
presented to the Commission, she wo � ` � otion to delete Condition
�� � ,��
No. 8. ��' �
�_�;-�
.�� �, . .
Commissioner Tanner secon �� � ;`; ion wit ' e note that they owe
it to the constituents of Pa j ��ly th�- ` es who reside, but the
ones who own buildings, ake st��' ,�� ����'a ing everything they could
to help them. Seeing t �there��;�s noa .}� n and there was a financial
burden on the buildin�,�iwner, t was e was seconding the motion to
remove the conditit�,•=�
��.,,
�
�.
A i n: � A , � -:�-}
t was m ' `� Com ���' � �ampbell, seconded by Commissioner
,�� ..;,.
�� ner, a "�` �he findin�� �s presented by staff. Motion carried 5-0.
�
„' ,�. &.a;; <a
� ;,�oved '� �issioner Campbell, seconded by Commissioner
�� ��.
T��,���¢Qptmg °�g Commission Resolution No. 2473 approving the
_.. � � �;4
�` rieq�t+� ting� ndition No. 8 of Planning Commission Resolution No.
�` 1450 r �e requirement for pedestrian access. Motion carried 5-0.
� . �. �;:�.
B. C ' �t os. CUP 07-17 and PP 07-15 - THE ROBERT L. MAYER
� ST OF 1982, Applicant
��
�, . "Request for a recommendation to the City Council of Palm
� `�`k Desert to approve a request by Oakmont Senior Living, LLC,
° ��x which consists of a Conditional Use Permit and a proposed
` ��N Precise Plan to construct 121 senior community care and
health care units with decorative architectural elements up to
34 feet 11 inches tall on 8.63 acres located on the northeast
corner of Country Ciub Drive and Monterey Avenue at 73-050
Country Club Drive. A Mitigated Negative Declaration of
Environmental Impact resulting from an Environmental
5
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 15. 2008
Assessment pursuant to the California Environmental Quality
Act (CEQA) has been prepared for the proposed project.
Ms. Schrader noted a correction on page 2. She indicated th `fhe existing
General Plan designation was mixed use. The corre t�► „ changed was
CC Commercial. She explained that mix d use `' density 10-22
dwelling units per acre and commerc' :�sign described th
request in detail and informed Comrr�,� ' on that � hone c,
were received. Many people questio � the c erci y ': ' ili � ith
the medical use across the street. , . ers e concer �:'� affic
cutting into Monterey, which she sai �°� 't. Staff also re� a letter
from the Homeowner's Association wh ' culated to the Commission.
Lastly, she received a phone call that R � �= someone living outside
the 300-foot radius, but he wanted it: tate ord that he was sorry
he could not be present and rec� g� d that ' g be continued to
allow him to be present. Ms. �`�' ted tha d be concluded that
based on staff's findings, t nditio Use Permit 07-17 and
Fir
Precise Plan 07-15 coul gran °;� �„ -&
, �
��;�� ,,
` � i
Commissioner Tan 9�oted t the pro��t`c early showed two-stories and
asked about the sion he no�1_�'�shown on the plan. Ms. Schrader
indicated that low ~ ortion,;,���ias the single-story apartments.
Commission 1``"� ner as 'gle-story units would follow around the
orth and . ;'" _, ' s. Schr �� yed a picture of the single-story portion.
�` � the : levatio ,� said there was a little bit of a combination
.. � � _.
he si `� s = :.�ortion only at the corner. The rest was two-story.
� 'ng east,�� " sioner Tanner asked if it was all single-story. Ms.
x �` � oncurr� the tan-colored section was single-story as well as
,�^ s.
_ �-� , ..
��� Commis �:�mont asked to see the Monterey elevation. Ms. Schrader
����� displaye ; t d pointed out the single-story portion and west elevation.
'� Com ''''ioner Tanner asked about the number of units. Ms. Schrader
��� clarif�,�d that there would be a total of 117 units in the main buildings and four
:=:ti�, .�� , q� as for a total of 121 units, some with one and some with two bedrooms.
��� .
�..�<.
X Chairperson Tschopp indicated that the parking analysis in the staff report
showed that for a convalescent home there were supposed to be 45.25
spaces. Ms. Schrader said that was kind of a guess of what it would be like
if half of the apartments were double occupancy, so they added an additional
60 onto it and then beds, then did the calculation based on that. Chairperson
Tschopp pointed out that the proposed project showed 163. Ms. Schrader
6
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 15. 2008
agreed it was really over-parked. Chairperson Tschopp asked why. Ms.
Schrader said she would prefer for the applicant to give her the design intent,
but guessed they wanted to provide sufficient underground parl�ng for those
who did want to retain their cars. And there would be gue ,'-``arking and
employee parking, because there would be medical ' ice��" ining facilities,
recreational services, concierge servicesn�d that �' requirement.
:<% � �'
��'" .7�'` ._: ��
During staff's conversation with the ap i�ant, Ch hopp ask�
if it had ever been mentioned by the :� licant t�: ssib � 'n se
into apartments if the convalescent h � idea: " n't work. said
that had not been discussed; all she w,,�5 that it was int �' o be an
institutional state-licensed facility. "q it would never become
condominium or apartments, but wa�'Y�' ;� better question for the
applicant. Chairperson Tschopp asked if prohibited this from
being turned into apartments if a�Qved as�' scent health care
project. Mr. Bagato noted t �= �;: y�ect bei " � '� sented was for the
institute. Anyone wanting t ��'x" wou ' ave to amend the plan
for apartments and ther s a c '`� '" ' ordinance. There was an
xr: o;
initial discussion abou� aking e thi ed as an institution and not
multi-family and the,$ , licant tc��l staff t � '�� Y eir intent was to always be an
institution. Techni ,� �, an �endmen�.iivould come through the Planning
Commission fo��° prova� -� d for �y type of conversion if that was
requested. � � ,:,t;�
� t�;
�� ':� � � , }; g
�� a irpersoc�,� pp ask t#� any units would be held aside for low and
��,�, rate in� sing or if they qualified for the City's low to moderate
�;W �t. , .,
i ousirt�;� Jaian indicated the concept was discussed briefly.
�N�'` ,. .,
S �:
' believ�� was a suitable project for putting an affordable
. �;x . . �,.
it. Ifg �rvould take too deep of a subsidy on behalf of the
�°� Redev ,;�` .; gency to get these units down to an affordable level and
Po�
the mon�y't�t�� " be better spent elsewhere.
-��$ Regardi�pthe housing project previously approved on this property in 2006,
� :�, Chairp�'son Tschopp noted that the houses were limited to 22 feet in height.
� t The,proposed project was mainly 24 feet or two feet higher, and the tower
� ; �� T ���, ,� r �`'ents ran about ten feet above that. Ms. Schrader said that was correct.
.��,� `� ��hairperson Tschopp asked if Ms. Schrader had any idea how much space
��:..
the tower elements percentage-wise took up compared to the rest of the
building. Ms. Schrader replied that by code, they were only supposed to take
up 10% of the whole project and she was pretty sure the architect worked
very hard to make that accurate, but as far as giving a square footage of
what they were in comparison to the entire project, she didn't have that.
7
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 15. 2008
There were no other questions for staff. Chairperson Tschopp ened the
public hearing and asked the applicant to address the Commission.
MR. KOMRON SHAHHOSSEINI, with Oakmont Sen.;�'. iving, 220
Concourse Drive in Santa Rosa, California,,�r� 40 �� tated that as
owner-operator-builder, they were,, ery ex� y�.mm ' he possibility of
coming into this community an�;��iging � ' ess here.
thanked them. He stated that s�� had be ally help ` .
They've done a number of pro' �`ts in a er o �- _ .�� liti �' nd
this had been a wonderful ex�'� ' nce e thanke�` . He
stated that they agreed with � conditions of� ���"'�`val and
asked for any questions. ;=w:���
���- ��.�.F.
�
Regarding the portion that exc�ded t limit to 34 feet,
Commissioner Schmidt asked w s in th� �� � ory.
� `�, ,�.
Mr. Shahhosseini r x � wou , ot be anything in the
second story. It w their h � ially and just in terms of
,�
scale.
,r �
Commissioner Sch�cl�t askec��if it was {�asically an architectural element.
�
-�° .�� ;�
�
Mr. Sl�a sseini t�v1� correct.
` ���� .:
�;;,, �; �`'`���:: ��
�h. c�s
���q�nmis��� midt notet� that it displaced about 35,000 cubic feet of
�����?9• � �
� ����
-`�� . �,
�� �� hahh`` n .`�wasn't sure about the actual number, but could get
�'" � her ` hat.
_ �� n�.
�:
Commis�iqr.�chmidt explained she took that number off the plans. What
�` was trou e�itne to her was they were really trying very hard to conserve
g�'�� energy i�the city, yet this was 35,000 cubic feet to heat/cool.
,��
s.� '� ��l`Vlr. Shahhosseini said they were going to put in a ceiling, so it
, ���: ,.;s�� wouldn't go all the way up. He wasn't sure how far it would go up, but
�' � :,��= they didn't need the entire height the architectural element would go
�=a`� to, so they would actually put in a false ceiling there that would
definitely cut down on the heating and cooling cost.
Commissioner Schmidt agreed that would help, but thought there must be
another architectural way to make that lovely without exceeding the height
8
MINUTES
PALM DESERT PLANNING COMMISSION APRIL, 15. 2008
limit. She asked if he had considered it or if staff had talked to him about it
at all.
Mr. Shahhosseini said they had considered it and disc �' d it. Design
Review essentially approved it and they app 'ate �`tlie modulation
and how it breaks up the length of�e build' „ �`
��
Commissioner Schmidt stated that it vu '?a great = e liked it,q�i
that corner, but did not like the heigh� the tall ` men �,
'� -�:}'",• �� �� .
Chairperson Tschopp asked if there w�i� � son for the pro�e��� �� g over-
parked. °
�
.�.9 �
�'�J ����'
Mr. Shahhosseini replied that�tey've ` 30 other projects and
it had been their experienc residen�`� 9 � or two cars. They
��h� ;.
have sufficient parkir� mmoda � se extra cars. He
�.
reiterated that it wa `� '� xpen�e.
�� s��:r
Commissioner Tanner ted tha�,�hair �� brought up early on, and it
could be appreciate� the P�'ining Cc�'n ission, that they hear from the
applicant that ther�.r� no in�nt to con�ert these from an assisted or senior
partially-assiste�.�'�g to � �ments F?�'rst, he hoped they heard the answer
he wanted t�,,,h�r. Sec : Shahhosseini's experience with this
�; irm, he a bey had � �� erted an assisted living into an apartment
���F :��ondo � e- ��
� .�., k;
n: ? .
�°-�-����`�b��llr. Sha� # � t ' aid they had been very lucky and their projects had
� � ;`p� very' 9� sful. A lot had to do with where they chose to go,
F' �� �� `b�t , ;�ie besf'bf his knowledge, he did not know of a project that had
� be�,�.verted. As a fully licensed facility by the state, it was
� ezC�di�ly difficult to do.
�. .
t Chairpe�on Tschopp asked for any testimony in FAVOR of this project.
�
MR. MICHAEL CARLY, President of the Merano Homeowners
�� �{ " - g, `'� Association, stated that they have been working with Komron, the site
�� developer with Oakmont Properties, who had been more than fair and
�- � courteous to the homeowners and the homeowners association to
hammer out an agreement between Merano HOA and Oakmont
Senior Living project. They were still negotiating between the
maintenance agreement. He spoke with Ms. Aylaian briefly before the
Planning Commission meeting started and she asked him to clarify
what they meant by maintenance agreement. The maintenance
9
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 15. 2008
agreement set forth between the Merano HOA and Oakmont would
be the maintenance of the retention basin, the medians, the streets,
water, electricity, and changing out of any foliage/flowe s that go up
to Merano and into their development. Ko ron ass d him that
Oakmont agreed to that and that would run:. s ively with the
,.40
land so that if there ever was a chan�e of o � on the property,
that agreement would roll with i���Fand. �° ment went t
Merano's attorney. The attorn -�ooked � ent andt
wanted to meet with the homeQ�ners bo, h .2A le nt ' e
Planning Commission indicatir��nrhat ` had bee� ut in
the maintenance agreement. �:��`� � ��'r
�; � 5��, ���
, k
Mr. Carly said they were conf�ei� � �"�nfould get the agreement
worked out between Oakmot�t Sen�c� ' and Merano. At this
present time they didn't have.the agreer�'ii�:,,�. 'ting from Oakmont
or by Merano Homeowr;� ^`4 �ciation. � ere hoping it would
come in due time s �,�,heir s F ort behind the project.
At this point, with avin a' ' " � -� ng, the Board couldn't put
their support be;, d it. A ' n in omeowner in Merano, from
his own stan�p4�int, he ` ught it v�ia��a suitable project to go on the
corner. His ���se b� d up to#his piece of property and his main
concern, a��vell as�F ` other 1� home owners that back up against
it, ha�to�C,to with t. "`
��' ,, , ' � �',
va The . ' ncern was'tl`ie fact that during the high wind season, they
$ would� ` �n�dated with foliage coming off those trees. Whatever
� b ;,k�nd of �#�nt�3�g planted, they were going to have dead foliage
�: ,�q,ing o�i i�ita�their backyards and they didn't want to have to
-:� ` �;� stAntly b�`out there cleaning out their swimming pools and
-�� ��f�8tr� That was the main concern of the 12 home owners that
�� b"r�ffier up against that piece of property.
�
aM:� ,.�Carly said he spoke to Komron on several occasions with regard
�, -�� t� this and emailed a brief letter stating where their concerns were
°'� � and he forwarded that onto Renee, and the Commission was made
' � � V``y aware of it tonight. They saw a picture that Renee displayed showing
h�`� w^'��= Tr�' that they reduced the number of trees from 34 to 12. Merano was
5.,�,�'��s."a,
= �° asking from the Planning Commission permission to not put the trees
in there. He said they would be more than happy to have drought-
tolerant shrubbery along that block wall on the north side and on the
west side of their Merano properties. The home owners were aware
of that and their concerns were the dead foliage coming off those
trees. If it was drought-tolerant shrubbery to decorate that wall on
10
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 15. 2008
Oakmont's side, once the project was up that was something the
Merano home owners that buffer up against that piece of property
could live with. They were not concerned about screeni g their view
from Oakmont's building. Right now the view for thos meowners
was of the Bristol Farms market. There was rt�� iff�nce from their
point of view whether they lookec�p�t Oak ' ilding or if they
looked at Bristol Farms market.,t��erso rred to look �
Oakmont's property and though��tnras mor 4 ly appea'
�,,:..
than the supermarket. � ��� � , a -
�� °}�., h.
� :��*- � •` ,
That was one concern he was e Planning Com �� n would
set forth and that was to allow not plant those trees. That
would significantly help Mer s make their decision,
especially the 12 homeowners�' hat `; �' , Y�ainst the property.
, ��` � ,,{�..
Mr. Carly also wanted � re, as a ` e of Commissioners
brought up this evem, `�g;� � ��; o Oa nt ever selling off this
project and it bein ` onvert s and condos. There had
to be some s . of as ` nce �� � �,r�y. �� t would not play into the
equation do�yr���e ro if this � �`�ct was not successful or they
decided to �' :�ut of m Deser�and take their business elsewhere.
He hopedRx„ re cou e soma��i'ng in writing that said they would not
be a t��onvert � � ; ments or condos. That was one main
�:F �,
� � co . �omron �d Merano Homeowners Association that
- t `` .vinging i'r"6�usiness here to stay and it was an upscale
facilit`�`�� #"�,erstood this was for more upscale clientele inside the
J :,_,;..
_: �acility. ; Y t the proposal was a good project and he couldn't
_ S�R►any o � � ��rnatives that would be sufficient to go there at this
z -,
���^. ��n�.
M��3�� ,
:;� H"J�. - t�at the Chair mentioned in 2006 that the Mayer Corporation
��` wa� m roved to build 49 two-story homes on that property and they
` gc� approval through Planning and City Council. Yet Robert Mayer
��
��� brporation never acted on that, whether that was due to the down
'���,�. ;�Y�rn in the housing market, he had no idea. They were faced here
�.� �.
� �� today with Oakmont Senior Living, which was a beautiful facility, and
�.� �l � Y �,,
;��� , , hoped they could work out their maintenance agreement with them
��`�°�°' and some other issues they were concerned about, and were
confident they could work it out with Oakmont attorneys, as well as
Merano's attorneys. That was where the Merano Homeowners
Association stood at the present time. As seen right now, if they could
get that maintenance agreement and things hammered out as to who
was responsible for what, when, where, how long, and if it would run
11
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 15. 2008
with the land, then they felt they gained something and Oakmont
gained something and they would be able to put their support behind
it.
;�
,
As an individual home owner that backed up � ms�:q'�'e property, he
gave his support to this project. ,� ��`�r �'`�
s
.,. ���
Chairperson Tschopp asked if anyon ` � se wishe '� �' '�;� �' FAVOR i�r
OPPOSITION to the project. ` �-� ;��� ;; �
� � ��y��
"� •.� ��b' �. TR'sx tlb. k��r+
MR. ABE LEDER, a resident o� � '� idge, stated th ~� ad been
waiting for a project of this type� f` �� '��'a �six years. He has lived here
for 29 years and approximatel ` µ"� � n " , ago a 12-acre piece on
Eisen hower property was ge t t i g ap ;.� li fe care communiry
when 9/11 came along anc� . evelop �. ' "" and walked away.
��
Three or four years ag��, r, one o� fiargest in the country
�.
that operates over . �` uniti , as going to build one
in La Quinta and "� n he "' .;�out what they were going
to use for som `` f their teria��=x ,"�'�were going to use shower
curtains and ' ` eum ki#�iens. T f�was their consideration and was
very mode ���e lar �''t prope here, which could have been the
flagstaff i `�� �e cou��, , was� ` 5-acre piece at Country Club and
Porto�, illa P ; �� �,t� � general rule of these life care
°� cor�rirt':, s was uy it, after you live in it and you want to
�' :° s�i��R � ass o�iti�ie on, the builder gives you back 90%to 95%
. �: 4:. of th� ' rice The developer at Villa Portofino got greedy. He
��' � �; arted �t � kept going down every year and curved back and
uld take '.�'ears to get back to 90%. The percentage of people
�, ��� ther�t�iat live 17 years was maybe 2%. ThaYs unfortunate
,��Y -,it was a good location and he was giving up a lot. There
w ��ithing here except Brighton Gardens and Marriott's Mirage
Inr�'Ya they are very small, individual places. He wished this project
� w�s twice as large, but it was better than what they had now. He was
very interested for his own personal self.
�� �.t�. �. �.
� ����r �� �n �� MR. DESMOND MCCARTHY, 263 Strada Fortuna, said that his home
�M� ' '��`��Y� is located in the middle of the Merano development. He was also the
`��Y ��� ' Vice President of the Homeowners Association. He said there were
members of the Commission who had the same thoughts in their
minds that he did. Back in 2006 this particular tract was approved at
a height of 22 feet and now they were being offered an architecturally
sound project, but nevertheless, it was 50% higher in places than
originally conceived back in 2006, not necessarily by this project, but
12
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 1�. 2408
projects approved in the past. There were some concerns amongst
the homeowners.
That particular tract had been vacant for a nurpber of rs and they
felt very secure in their view. While he didn't t t ke a massive
issue of it, he thought it would be a. ood id ,, up ; applicant was to
reconsider the height of 34 feet.. " 1 in Y highest poir��
since it was just a pure archite ���' I part of '° Y ` � rather t
a necessary part of the whole ��� ject. � �s �K
�� �°�
p
As Mr. Carly alluded too, M ,�� � "rthy said they �� � �'iivorking
diligently with Oakmont Seni ; ;; , LLC, to thrash out a
maintenance agreement for Vi �� rticular for the retention
basin and the L. They wo be i r position when the
attorneys had talked and back to � �'��''��� ' n to express their
views on that, but he �� ed ab' '� height. He thanked
them for their consid�. �'`
,,�w �::� �
'� �� � k�:.•i�
�j`� �'a
There was no one else��vishin��`�pea �,:, ` erson Tschopp asked if the
applicant wished ,� �ake rebut�i"comments or give additional
comments. �' "'��
�'
Mr. S�a sseini ��Y oto and pointed out the second-story
��,�. . �-� .
po � said ad done was put in a hallway facing the
Mer : idents. t were fairly concerned about the privacy
k ' �� ��;�, issu�s, , � ut in a hallway facing them and the windows start at
�.�>.,; ��t. • ,
°� s�x feet F ;�ryasn t sure that was clear. He also noted that Tom
�� � '��`�►es, the ��engineer, and Allen Cohen, their consulting architect,
�� � tnr�,�oth pr`��ent and Mr. Cohen would speak to the height, as well
�S�+��'�mmissioner Schmidt's concerns.
x�• "���_��';
�,;x' �.
�fi� M _. LEN COHEN, 205 Center Street in Hillsburgh, California,
�w,�; s��ed that the two areas where they have the taller towers weren't
r�ally in close proximity to the property line in terms of blocking views.
1n terms of the overall amount of area over that 24-feet, he would
��s �' guess it was under 5% and was really quite a small amount. Many of
�.. . .,
�� �� �' them were very small elements that would just house flues and vents
p and they got feedback from Planning staff and Design Review that the
initial elevations were really very horizontal, very wide, and very flat
being only two-stories with that element. So they actually prepared a
couple of different elevations for Design Review that had some
modulated elements. They took the front porch balcony elements and
changed them from hips to gables to break the plain of the tile and
13
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 15. 2008
add some stucco in there. They added a few of the small vents, a
couple of bell tower elements and they came back and from staff
understood they preferred the one with the tower elements. In terms
of the heating and cooling, that was a very good °t made by
Commissioner Schmidt, and as Komron me e ��• ey could look
at some false ceilings in those space�. They�. � ncipally intended
as architectural elements to brea��u� the �` hat they cou�
control the volume of space th�`got hea � ed. He
available for questions. � , �� :; �;�
3 _� , •�
� �,.��.
Regarding the maintenance agreem = �' missioner Sch dicated
that the landscaping and maintaining th� z�k � �,� ping was of concern to her.
She asked about the area to be main �� reement and asked if it
was the entire entry off of Country Cltl�` "�
,
y�s':,
:`i ���R>
Mr. Shahhosseini said nted ar1� ent along this edge
with the curb being� ` p y So it'�" n agreement that they
�.� �:
maintain that. AndY;, e reten#b� N ell as the center median,
and a portion al�g the s� walk w'ci�t v ' ast side of Via Scena.
g:��
Commissioner S �dt poi ��out th here was an existing curb cut into
that property ju ; fore t � ates ' erano and asked if they would be
keeping tha e , side cu�r, � ;� Scena.
�_.��
7'Y 4Vyr
Mr; " %psseini sa�t#�they planned on keeping that curb cut and
����� �- plann�fip�;m�ntain the trees there and would incorporate them into
� "G`
��` � eir proj�c:t�
���. e;:�,�
��. ;�
� Com�� `'�r Sctir�idt asked if anything on the other side of the divided
m� street � ` 8�F Kesponsibility.
_�� Mr 'S hhosseini said it was and they were actually working on the
m�intenance agreement to split the cost. They proposed equally in
' t�rms of the entire retention basin, as well as both sides of Via Scena
�� �� _ �and the east center median.
�.
H~ ��°��'3 � \ ' n a scale from one to ten, Commissioner Schmidt asked how close they
�p`'" V� were to that agreement.
Mr. Shahhosseini thought very close. He actually got a list of
concerns/changes they wanted to make. They actually discussed
getting a landscape contract; Merano was currently using a
landscaper to maintain all of it. Of the approximately ten changes,
14
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 15. 2008
they only had an issue with one and that was their feeling that there
should be a shared responsibility for maintenance of the retention
basin.
Commissioner Schmidt asked if he had any conca�;wit ���Yie trees being
there or not being there along the north p�imeter �rF.�_�
.��� � �,��3
�
Mr. Shahhosseini said they wa � �like to bors anc�:�
,�:a; .
seemed like it really meant a,�, t to the„ " so t e . eir
decision. .:r � �_;
� ��. � ��N�.
�p� �
Commissioner Limont asked if Mr. Shct ' had worked with the City's
Landscape Department with regard to � " - f the landscape designs.
�i �..� ���
,�,�, ,�_
�$x ��:..;
Mr. Shahhosseini said yes,��believe�'' report it said there
was conceptual appro��� #>�,'�hi F -��.
,,;�����;�,,� � � �.�`
` :'�
Mr. Bagato informed Cort�,�ission ' �,��c�r Knight was present and
thought he'd like to spe�t�C at so. poirt�": � � �"'
Commissioner Li��:asked r. Kni�had any issue with fewer trees on
the north side. !��Knigh�:�aid it w� of concern to the landscape staff
aestheticall though� �;wo, , �reate an imbalance in the design;
`.�owever, ��. � I owne�, `� stood their concerns and the pools were
,�;� re firsC..{�"�ri�;along wi good neighbor policy, the designers of the
� �`�"� eded to t�tlStder site planning to allow enough space for small trees
�r�� �woul °`w��ii�g to accept small stature trees. So they had room to
� �..H
�.��t ove�i�r��i�g the property line. There was the issue of blowing
fol���`w�fie�ves; �'our windstorms leaves land 30 blocks down the road.
�� It was 1� ���se, not a deal breaker, but he thought it needed to be
�� consider�'�tC��ust because the site planning had been done and now the
��w�'� neighbori�ig`property owners had a concern, these were still just lines on
�_;� paper. Bt� it was up to the Commission as to how far they wanted to take it,
but he thought it was a substandard landscape plan along that property line
�:,�� withqt,tt some vertical element along it.
'� &� � --�. �hairperson Tschopp asked if given the location of the people who would be
"n„ able to view these trees, which would only be the Merano owners and the
applicant, he asked if it was really that necessary if they were in agreement
that the City impose this code on them. No one else on Monterey was going
to see it, no one on Monterey would see it, and it would pretty much be only
the owners and homeowners. Mr. Knight said that certainly figured into the
decision-making process. He wasn't sure he would put a high priority on it.
15
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 15. 2008
Chairperson Tschopp asked if there were alternative type trees that would
facilitate both. Mr. Knight said yes, there is a grouping of trees that max out
at about 15 feet and it was kind of a draw between whether they;were shrubs
or trees and would provide at least some vertical relief but the ,y�ould extend
above the wall some. But they weren't talking 25-f, tre��ith a 20-foot
canopy spread. He thought that would be,�rrespo ."a ,., th this particular
site plan to allow any kind of canopy to Q�nd ov�� , II. Chairperso
Tschopp thanked him. �� F°``
��'`� �_ .�:
�.' ..: � � � i r�;�
Regarding the landscaping along � . no `4 wall nex. es,
Commissioner Tanner noted drough� `' " landscaping w��`t�ntioned
:,_.��
and asked if there was drought toleran `, or trees. A 15-foot tree was
mentioned and he asked if it was drou `� :,_i,d if they would lose their
leaves on an annual basis. Mr. Kni�t�epl�` ��'� 't is a tree, it loses its
leaves, whether it does it in 12 m or 30 trees drop leaves;
some trees tend to be dirtier th '� in term � �e fruit drop or flower
drop. Some of the plant �Ys�`�� "� , sma stature trees that they
use in the desert palette�d wer �'�� i'j thers. But he thought the
dynamic here was not t�i�iave a can � � as totally extending above
the wall that starts � `yll heig�-and go " u�and overextends the properry.
That would be inap� - riate -° ese w smaller stature trees.
,.y� , ;..
����
Commissio r ner ask pes of trees in his experience would
.�,�� _ . :
�e accept� �':�the hom�,-dwc,t� s. He asked if that type of tree been
�� � ��� ` sent�d��` ,� . Mr. Knigti�"couldn't answer that, but noted they were
definit��� at they wanted.
: �� ��;�
,�•�v'_:Y. Y .
C� tl � ' ner a ��1��noted that they were only talking about the north
.ent3; `; ' g els�`would remain the same luscious green trees and
landsc`e� _ °�that area. The applicant wanted to make the homeowners
happy, s � ,� er they wanted Oakmont was going to give them because
�°` the applir.,�nf" ad redesigned the landscaping as stated in the staff report. So
A�#��� the resi � nts were going to get what they wanted on the north side and
��:�� everyth g g else would be luscious. She asked if that was correct.
Y{� �� � �- h• Mr. Shahhosseini concurred.
�� w.
�.
�' Chairperson Tschopp thanked Mr. Shahhosseini, closed the public hearing
and asked for Commission comments or action.
Commissioner Limont thought this had been a very good discussion. The
corner was seen by quite a few people coming and going, whether coming
into Palm Desert or whether living in Palm Desert, this was an active corner.
16
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 15. 2008
As a result of that, she thought the discussion and some of the issues that
had been brought up were excellent. She shared a lot of the same concerns
as her fellow commissioners as far as the height and the gu rantee on a
conversion. They couldn't do it. They were in econ mic ti here they
were seeing things they didn't anticipate and other c� , w as well. Once
buildings were up there, if someone ran i finan �` �hip, they had to
work as far as they could so that it was►t�. ��ligh���A ' and that th�
were made whole, people weren't left � eless, a � �� that. So ys�
didn't know if the could ever uarant ",. There �r e or d.' -�as
Y 9
difficult to change, but when push ca ���': o sh "y , they all h best
.�
they could. �. ��;�k
t y
She said landscaping got thumbs up T,�����:. e homeowners were all
working together and Merano was upse � ' ct looked good, that
type of thing. She was fine. She ally, w " ked at this project,
although she knew they nee ousing` as definitely in favor
of that, and from an arch' int sh hought it was a well-
designed building, she th ht it w �� `� � feeded to come down. Her
concern was that it lo ed like o m �� " at corner. She knew that
sounded like a kid � a box crayon�.wti�o didn't know how to draw, but
she tried to visual' � ' here ` d was a �"e site twice and it felt like an awful
lot for those 8.6� res. S 6 idn't with the redesign if bringing down
some of th hp t if it : he hadn't made a firm decision, but
�� .,.
ertainly �i�# e conc�`
:.� ,; � ,�
����
` issior�� ' t had a question for Mr. Hargreaves. She said this was
\�
� �ort�litional . '.,g and asked if they were changing zoning. Mr.
I�a � �x agre� `"�art of this project was the granting of a conditional
u�e� !�e►�U.���rstooc��was an institutional use and that was why it required
a con ., ii�permit. Commissioner Schmidt asked if a conditional use
� permit v�� ���utilized, what happened to the underlying zoning. Mr.
Hargreav�s s�id if it wasn't utilized in the sense that the project wasn't built,
then it e�iired in a year or two years and evaporated. Commissioner Schmidt
K" reitera ` that if there was no building on the project in a year and there were
'� no e nsions granted, then the underlying zoning remained, which was the
ro �' g�i.units to the acre. Ms. Schrader said the zoning was PR-7.
� � ��:
' If the buildings were built and the project was abandoned, Commissioner
Schmidt asked what happened. Mr. Hargreaves said someone else could
occupy it as an institutional use, but if they couldn't do that, they would have
to come back through the process and get it entitled for something else.
Commissioner Schmidt noted that they had to come back if there was a
change of use. Mr. Hargreaves concurred and indicated it would have to
17
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 15. 2008
conform to the conditional use permit and the conditions of the conditional
use permit or come back and go through a process. Commissioner Schmidt
thanked him.
Commissioner Campbell said while she had ���the Planning
Commission they have talked about havin a Wal- �` rket, homes and
professional buildings, and nothing e ' "' ppen�' Ythey have this
project in front of them and was somet badly n `'�� "'"��city of P
Desert. Architecturally, she thought it� � s very don�;. �� Id � ,e
. a,:4„� .;
creme de la creme of Palm Desert. t us - o be Port� ` , time
ago, but that was gone and was still ` ject. As the ar ��� �showed
on the map in front of them, the two 3� 'nch towers would break up
the 24-foot building height. There were; that wouldn't be as high
. y,,:,�,.�v _.
and those would give balance to the ject � 'ust having two-stories
straight across. She already spg . bout th ping the applicant
agreed to. It did go through A� h,, Review ` ctually were in favor
��,
of the tower elements to br��l' ess ar.�i-° would be an excellent
project. She was in favo .��•�' F:� ����;.�� `r�, �y��,��
�.__� ;�
Commissioner Tann ,,� aid he�ad beer�;,he"r�e since 1980 and lived across
the street in Sager�4�1 whe � e first m.' �ed here and the kids used to play
in the flowers �. It s � ed lik�.,�ery four or five years something
different w r�ented t� ��t '�Palm Desert. He thought this was a
,x reat pro' �e had ��fi�`R s � about the height of the tower, but
� u�ersta�d�tt�,it wasr�'t��i��height of the entire project, he, too, was in
f�r+c��of th� ptoj+� 4and he appreciated them addressing the Merano
t mg antf vyr�t° to make sure this was a win-win situation for both.
�nd� . �-�
F�C��'�`�rant an�or��i� have hard feelings about what was going on with
°' at�it�'�'��r��U. It �N�between the two of them now and he supported the
��� project at1�����otion was needed, he would move to accept the project as
' is.
�
��' Chairper$on Tschopp stated that like Commissioner Campbell, he had seen
this property proposed for commercial and approved for residential. He had
alwaXs maintained that it was more of a commercial piece of properry than
r � . reSi�ential. He was surprised when someone wanted to develop residential
4.�;;���
� ' ,'�an this property. So he thought this was a great transition and kind of inet
' "` both of those things on this intersection. He didn't think it would be suitable
for single family homes, yet would provide some kind of a buffer for the
Merano residents and give them a little more peace and quiet from the
Country Club Drive noise. He thought the towers were much needed. It was
a very big, massive building and they provided an architectural modulation
of that building and without them. he thought they'd be looking at a huge,
18
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 15. 2008
nicely designed, barracks. He believed that the reason they had technical
exceptions in the code was to allow these types of exceptions to be granted.
Also, the towers were set very far back from the home owners as shown by
the architect and he appreciated that and the home ownet��seemed to
appreciate that, too. -;��, : s�``�
�.
�,��
It was high density, but even with the ad � al un ght it would b
e�:._
less traffic and more compatible to the ounding , � in favor a�
wanted to see some type of conditio . . n the t `�` in f � u , �le
truly supported the homeowners on � avi rees there: ��� s �ees,
but the truth was it was never the heig�s� � tlings that block`�� w most
of the time, it was the trees. Not only t �'"`�T`� „k ,ould create problems in the
pool. So he thought it would give therr��1 er view and thought that
needed to be addressed. He also tho�ght th to address, although
they seemed to be close to a ' enance � ` t, he thought the
homeowners opened it up f�,�� and he ,,`° `ght it needed to be
pending the approval of the ` eeme��"��nd would eliminate the
need for trees in the resc�ion g; s ;� �� �; ��
sw� �
R
Ms. Aylaian asked fo�';�larific n that t�r��would be a condition that the
trees on the northem;13ound , ' between.�Cllerano and the subject property be
approved as to si�e, loc „ , and e of tree; just those trees on that
boundary b hq��djacen���_ : � or to issuance of permit. Chairperson
r.� schopp s�g�i�;t in agre�i+��iith both the homeowners and the builder
�= also t�� input o�t�ie City's Landscape Architect. Ms. Aylaian said
ould �,tt��u�provide input, but was wondering if they wanted
N�Wry x tl` I of th��p�_.�`i,t�i� ,issuance of the permit to be contingent upon the
�
a�� � : the ne�g�`s. Chairperson Tschopp thought something like that
`` .done because otherwise if a new owner came in or someone
wante �. �e landscaping in the future, they could plant trees back
,� .z.��, ... �
w there. Sc� ` ` ct the homeowners, he thought that agreement needed to
� be set u�` rehand. Ms. Aylaian explained that the entire agreement and
� �- landsca� plan was required to be approved and that approved plan would
�6:;�� have a triaintenance agreement associated with it and the City would require
�;., that�riraintenance agreement to be enforced. If someone were to change the
ies of trees in the future, we would be able to enforce or return to the
rt y����„h F , Z�'iginal approved landscape plan.
Mr. Knight thought that because of the pool issue and property line issue and
it's importance to the neighbors, he would defer and support something
formally put in place because in the future, when they review landscape
plans and allow changes, he wanted to tell them that he would remember
this in nine years, but he might not. It was an issue and he had certainly
19
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 15. 2008
heard the Commission's request and would not stand in the way. Ms. Aylaian
said it could be added to the conditions of approval if the Commission so
desired. Mr. Hargreaves advised that there not be neighbor a�proval, but
that they come up with some kind of operational condition t defined the
kind of trees, like along the northern perimeter x e s would not
unreasonably interfere with the neighbor�,_use or they wanted to
word it. But they didn't want to have appr: ����� contiy the neighbor�
agreeing. Chairperson Tschopp agre �� r. Harg�� hey neec��
a condition that addresses the conce . �,�::�` �x, � �,^ ����:��
;;� ��k=�.:�-�
Since the applicant was amenable to t the home owr'r�� uld like
and not put in trees, Chairperson Ts� "`�` 'fh` 'cated they could just say it
was approved without the requireme � on the northern side of
the border. Ms. Aylaian said that wa "= be a�`" to handle it.
-_::.:T y�:�..�
Commissioner Campbell as R would � ade Department of
Community Development � ��� 0; M ylaian concurred. Mr.
Hargreaves asked for th � nditio 'r`� �` �iF� laian said, `That no trees
be placed on the northe� boun be��t�ie Merano development and
the subject propert�."'=Mr. H ' eaves ' ked about including no trees in
excess of six feet, , = Ayla' `N�believe � he shortest tree option was a 15-
foot tree, so it wp�.ild be ` to thexY� ommission to indicate if that was
acceptable and..r�ould no� ` ` r the six-foot wall to be an inordinate
�nuisance c,�t,#�e�eighbor, c�'��,`Y ay from the trees altogether. Mr. Knight
Su�gest�"� e t� . Commis�fioner Tanner concurred. He suggested that
���' �nditior�. i�t��ees; desert-tolerant landscape, but no trees. He thought
wha�fi�.vi►.� `; �earing from the home owners and also as an
ag��� with tli���opers. Mr. Knight suggested that the landscape not
e�cc W � ight ot�fhe wall, because they could put in bushes that could
go up t :Commissioner Campbell asked about palm trees since they
were a cKK� � �' st�ree and would be something. Commissioner Tanner said
�� desert-ta�r ' plants that would not exceed the height of the wall. As an
Y� approvat,;standpoint, and he certainly hoped that's the way it was going to be
and would become part of that condition.
�,p
� (V� Aylaian suggested that they eliminate the trees. If they were to try to limit
�°t �;�
-=�:�itf landscaping to six feet or lower, or lower than the height of the wall, they
"�r�`�� would have an ongoing battle and could just end up with ground cover there
because as the number of drought tolerant appropriate species got a little bit
higher, they'd end up topping them at six feet which was counter productive
and not the way staff liked to maintain landscaping. The Landscape
Department was sufficiently sensitized to the Commission's concerns and
would help the applicant pick species that were going to remain as low as
20
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 15. 2008
possible, but if it grew up to seven feet, she would hate to see them out there
topping the plant material down to meet that limit.
�_
Commissioner Campbell suggested leaving it up to th� Meran._o.�=�'sidents, the
applicant and Mr. Knight to decide what would be b for ' north side.
� , ,;
, �,�., ,��,•-
Commissioner Schmidt said that her fe tha t say there w'
5.�..
be no trees required on the northern b "�dary abu ' ting Mer �
development and that would be suffici �; , becau ' t a I � � o `�ne
; ,�<:� .
changed their mind and did want tr ,`" then ey haven' �� . hem
from planting them. � "�� ��=}`�
w���
Ms. Aylaian thought the no trees the most enforceable
approach to take in the long term. A the ' g Department would
certainly continue to work with tt�.e�_�pplican�� � ` all reports would
continue to work with the nei ���.so that fi+Dq,�lly they would come
up with a consensus, but �� � '�n to ; ly, she suggested they
�._�,.
apply no trees on the no rn bou � . ' ioner Campbell noted that
this should apply only r�E` t to the��;�vall or�:�h9r�,�'rth, not next to the building.
Ms. Aylaian agreed a�id said t�ey neec� to be absolutely specific about
that. Only on the w���ide of,t�ie drivey�iy, not the building side.
,
Action: � � �`
`� -;� ��;°
>�ommiss', \,a ,,'T°�nner a �1is original motion. The motion was for
g� F rovat �` ##�i�;�conditio there be no trees on the northern boundary
� �
�;. .
; o the'�I�l���ht�,k�ousing development wall. Commissioner Campbell
�� d the � E�:. Motion carried 3-2 (Commissioners Limont and
ted n �
..
, � :.
���. �:�., ,:
�
��� It was � �eti':�y Commissioner Tanner, seconded by Commissioner
��� Campb ��t�t�ng the findings and Planning Commission Resolution No.
��� 2474 rec�n►riending to City Council approval of Case Nos. CUP 07-17 and
��; PP 07-11�, subject to conditions as amended. Motion carried 3-2
(Commi�sioners Limont and Schmidt voted no).
��, :��
t�: �,,�,��., . � Y ELLANEOUS
. � _ . None.
X. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
21
1 � �
PLANNING COMMISSION RESOLUTION NO. 2474
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL THE APPROVAL OF A CONDITIONAL USE
PERMIT AND A PRECISE PLAN TO CONSTRUCT 121 SENIOR
COMMUNITY CARE AND HEALTHCARE UNITS WITH
DECORATIVE ARCHITECTURAL ELEMENTS UP TO 34 FEET
11 INCHES TALL ON 8.63 ACRES LOCATED ON THE
NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND
MONTEREY AVENUE AT 73-050 COUNTRY CLUB DRIVE. A
MITIGATED NEGATIVE DECIARATION RESULTING FROM AN
ENVIRONMENTAL ASSESSMENT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) HAS
BEEN PREPARED FOR THE PROPOSED PROJECT.
CASE NOS. CUP 07-17 AND PP 07-15
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did
on the 15�' day of April, 2008, hold a duly noticed public hearing to consider the request
by the OAKMONT SENIOR LIVING, LLC, for approval of the above noted; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for lmplementation of the Califomia Environmental Quality AcY',
Resolution No. 06-78, in that the Director of Community Development has determined
that the project as mitigated will not have a significant impact on the environment and a
Mitigated Negative Declaration has been prepared; 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 Planning
Commission did find the following facts and reasons to exist to justify approval of said
Conditional Use Permlt Request that:
1. The proposed location of the senior licensed assisted care residential
institution requiring a conditional use is in accord with the objectives of this
title and the purpose of the district in which the site is located;
2. The proposed design of the senior licensed assisted care residential
institution, as conditioned, is in accord with the objectives and policies of
the general plan and zoning ordinance and the purpose of the district in
which the site is located.
3. The proposed focation of the senior licensed assisted care residential
institUtion 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.
PLANNING COMMISSIO�. RESOLUTION NO. 2474 � �
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did find the following facts and reasons to exist to justify approval of said
Precise Plan Request that:
1. In accordance with Municipal Code Section 25.73 Precise Plan, the
Planning Commission finds that if the proposed precise plan would
substantially depreciate property values in the vicinity or would
unreasonably interfere with the use or enjoyment of property in the vicinity
by the occupants thereof for lawful purposes or would endanger the public
peace, health, safety or general welfare, such plan shall be rejected or
shall be so modified or conditioned before adoption as to remove said
objections.
The proposed plan, as designed would upgrade, rather than
degrade or endanger, the appearance of the current vacant lot and
create a gateway statement. New landscape would formalize the
site and create compatibility with the adjacent surroundings.
2. The Planning Commission may also consider and take into account the
exterior architectural design, general exterior appearances, landscape,
color, texture of surface materials and exterior construction, shape and
bulk and other physical characteristics including location and type of
public utility facilities and, if it is found that the proposed precise plan of
design, including the considerations enumerated in this chapter would
interfere with the orderly development in the vicinity of the precise plan
area, or with the existing or proposed use thereof, such precise plan of
design shall be rejected or shall be so modified or conditioned before
approval as to remove the objections.
The proposed architectural style is iterated to convey a rich mixture
of modulated spaces with maximum attention given to detailing of
the architectural language in such a manner as to provide a lasting
positive contribution to the built environment. Where an approval
for architectural elements up to 34'11" in height is requested, the
architectural elements enhance the street presence. The proposed
materials and forms will render a unique and aesthetic appearance.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission 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.
2
! PLANNING COMMISSIi.�I RESOLUTION NO. 24T4 �
2. That n does hereby approve Conditbna! Use PeRnit 07-17 and Precise
P1an 07-15, subject to conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meetlnfl of the Palm Desert
Plannin�Commission� held on this 15th day of April, 2008, by the foltowing vote� to wit:
AYES: CAMPBELL, TANNER, TSCHOPP
NOES: LIMONT, SCHMIDT
ABSENT: NONE ' �' ' � � �' �
ABSTAIN: NONE
�_ ^ �
DAVID E. TSCHOPP, Cha n �`�
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
3
PLANNING COMMISSI�. RESOLUTION NO. 2474 � `
CONDITIONS OF APPROVAL
CASE NOS. CUP 07-17 AND PP 07-15
Deaartment of Communitv Develoament:
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. Construction of said project shall commence within one (1) 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. 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.
4. 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 to be consistent with the Property
Maintenance Ordinance (Ordinance No. 801) and the approved landscape pian.
5. Applicant shalt comply with each mitigation measure as identified in the Mitigated
Negative Declaration prepared March 26, 2008, summarized in the Staff Report
prepared for the Planning Commission meeting of April 15, 2008, and stated in
detail within the attached Initial Study comments.
6. The project shall be subject to all applicable fees at time of issuance of building
permits including, but not limited to, Art in Public Places, Fringe-Toed Lizard or
Coachella Valley Multiple Species Conservation Plan, TUMF, School Mitigation
and Housing Mitigation fees.
4
, PLANNING COMMISSIt�N RESOLUTION NO. 2474 �
7. A detailed parking lot and building lighting plan shall be submitted to staff for
approval, subject to applicable lighting standards. The plan must be prepared by a
qualified lighting engineer.
8. The project is subject to the Art in Pub{ic Places program per Palm Desert
Municipal Code Chapter 4.10.
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 DevelopmenUPlanning.
10. No trees shall be planted along the wall adjacent to the Merano homes on the
project's northem boundary.
Deoartment of Publlc Works:
GENERAL REQUIREMENTS
1. All landscape maintenance shall be performed by the property owner and the
applicant shall enter into a landscape maintenance agreement with the City for
the life of the project, consistent with the Municipal Code provisions and the
approved landscaped plan.
2. A complete preliminary soils investigation, conducted by a registered soils
engineer, shall be submitted to, and approved by, the Department of Public
Works prior to the issuance of a grading permit.
BONDS AND FEES
3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to issuance of grading permit.
4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
5. A standard inspection fee shall be paid prior to issuance of grading permits.
6. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code shall be paid prior to issuance of grading permits.
DESIGN REGIUIREMENTS
7. Storm drain design and construction shall be contingent upon a drainage study
prepared by a registered civil engineer that is reviewed and approved by the
Department of Public Works prior to start of construction. Project is required to
retain on-site a 25 year storm and conform to the Merano Drainage Master Plan.
5
PLANNING COMMISSIO►. RESOLUTION NO. 2474 �-- `
If the existing retention basin is used, then a sub-surface nuisance water
retention/infiltration system shall be installed and the developer shall enter into a
maintenance agreement with the owner of the basin.
8. Complete grading and improvement plans and specifications shall be submitted
to the Director of Public Works for checking and approval prior to issuance of
any permits.
9. Any and all offsite improvements shall be preceded by the approval of plans and
the issuance of valid encroachment permits by the Department of Public Works.
10. Pad elevations are subject to review and modification in accordance with
Chapter 26 of the Palm Desert Municipal Code.
11. Landscape installation shall be drought tolerant in nature and in accordance with
the City's Water Efficient Landscape Ordinance (24.04).
12. Landscape plans shall be submitted for review concurrently with grading plans.
13. The applicant shall provide cobble and boulders as landscape for the adjacent
right turn pocket island and it shall match the cobble and boulders of the
landscape on site.
14. Full public improvements, as required by Section 26 of the Palm Desert
Municipal Code, shall be installed in accordance with City standards including:
• Installation of 8' meandering sidewalk minimum 4' setback from back of
curb.
• 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.
CONSTRUCTION REQUIREMENTS
15. All public and private improvements shall be inspected by the Department of
Public Works and no occupancy permit shall be granted until the improvements
have been completed.
16. 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.
17. 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 Perm+t
6
r ( �'
� PLANNING COMMISSit�nl RESOLUTION NO. 2474 -
for storm water discharges associated with construction. Developer must contact
Riverside Co�snty Flood Control District for informational materials.
SPECIAL CONDITIONS
17. Entrance to underground parking shall be posted for "No Visitor Parking,
Assigned Spaces Oniy".
18. Developer shaN contribute proportionateiy for a landscaped center median on
Monterey Avenue adjacent to their project. The landscaped portion shall be
measured from the corresponding Oakmont Senior Living property lines
westward and a centerline down the median corresponding to the City of Palm
Desert city limit. Developer shall contribute a per square foot dollar amount as
determined by the Department of Public Works.
Buildln� & Safetv Department:
1. Project must conform to the current State of California Codes adopted at the
time of plan check submittal. The following are the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE
2007 CALIFORNIA BUILD{NG STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE �
2. An approved automatic fire sprinkier system shall be installed in every building
(except R3 occupancies) where the total accumulation of gross floor area is 3000
square feet or more. (Reference City of Pafm Desert Ordinance 1054)
3. Compliance with Ordinance 1124, Local Energy Efficiency Standards. The
requirements are more restrictive than the 2007 Ca{ifornia Energy Code. Please
obtain a copy of the Ordinance for further information.
4. A disabled access overlay of the precise grading plan is required to be submitted
to the Dept of Building and Safety for plan review of the site accessibility
requirements as per 2007 CBC Chapters 11 A 8� B (as applicable) and Chapter
10.
5. All entrances and exits of the common facilities must provide an accessible path
of travel to the public way. (CBC 1024.6 & 1127B.1)
6. Detectable warnings shall be provided where required per CBC 1133B.8 and
1127B.5 (7). The designer is also required to meet all ADA requirements. Where
7
( l �
PLANNING COMMISSIO�. RESOLUTION NO. 2474 �
an ADA requirement is more restrictive than the State of California, the ADA
requirement shall supercede the State requirement.
7. Provide an accessible path of travel to the trash enclosure. The trash enclosure
is required to be accessible. Please obtain a detait from the Dept of Building and
Safety.
8. 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 fully accessible.
9. 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.
10. 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.
11. Address numerals shall comply with Palm Desert Ordinance No. 1006 (Palm
Desert Municipal Code 15.04.110 through 15.04.160). Compliance with
Ordinance 1006 regarding street address location, dimension, stroke of line,
distance from street, height from grade, height from street, etc. shall be shown
on all architectural building elevations in detail. Any possible obstructions,
shadows, lighting, landscaping, backgrounds or other reasons that may render
the building address unreadable shall be addressed during the plan review
process. You may request a copy of Ordinance 1006 from the Department of
Building and Safety counter staff.
12. Please contact Debbie Le Blanc, Land Management Specialist, at the
Department of Building and Safety (760-776-6420) regarding the addressing of
all buildings and/or suites.
Riverside Countv Fire Deaartment:
1. With respect to the conditions of approval regarding the above referenced
project, the fire department recommends the following fire protection measures
be provided in accordance with City Municipal Code, NFPA, CFC, and CBC or
any recognized Fire Protection Standards:
The Fire Department is required to set a minimum fire flow for the remodel or
construction of all buildings per UFC article 87.
2. A fire flow of 1500 gpm for a 1-hour duration at 20 psi residual pressure must be
available before any combustible material is placed on the job site.
8
� PLANNING COMMISS GN RESOLUTION NO. 2474 � �
3. Provide or show that there exists a water system capable of providing a gpm f{ow
of 3000 gpm for commercial buildings.
4. The required flow shall be available from a wet barrel Super Hydrant (s) 4" x 2 '/2
"x 2'h", located not less than 25' nor more than 165' from any portion of a mu{ti-
family dwelling measured via vehicular driveway or 150' from a commercial
building measured via vehicular travel-way.
5. Water Plans must be approved by the Fire Marshal and include verification that
the water system will produce the required fire flow.
6. InstaN a complete NFPA 13 fire sprinkler system. This applies to all buildings
with a 3000 square foot total cumulative floor area. The Fire Marshal shall
approve the locations of a11 post indicator valves and fire department
connections. All valves and connections shall not be less than 25' from the
building and within 50' of an approved hydrant. Exempted are one and finro
family dwellings.
7. All valves controlling the water supply for automatic sprinkler systems and
Water-ffow switches shall be monitored and alarmed per CBC Chapter 9.
8. Instafl a fire alarm system as required by the UBC Chapter 3.
9. Instafl portable fire extinguishers per NFPA 10, but not less than one 2A10BC
extinguisher per 3000 square feet and not over 75' walking distance. A "K" type
fire extinguisher is required in all commercial kitchens.
10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public
and private cooking operations except single family residential use if kitchen is
installed in the main building.
11. All building shall be accessible by an all-weather roadway extending to within
150' of all portions of the exterior walls of the first story. The roadway shall not
be less than 24' of unobstructed width and 13' 6„ of vertical clearance. Where
parallel parking is required on both sides of the street, the roadway must be 36'
wide and 32' wide with parking on one side. Dead-end roads in excess of 150'
shall be provided with a minimum 45' radius turn-around 55' in industrial
developments.
12. Whenever access into private property is controlled through use of gates,
barriers or other means provisions shall be made to install a "Knox Box" key
over-ride system for emergency vehicie access. Minimum gate width shall be 16°
with a minirnum vertical clearance of 13'6".
9
PLANNING COMMISSIO�. AESOLUTION NO. 2474 `(�- �
13. A dead end single access over 500' wiil require a secondary access, sprinklers
or other mitigative measures approved by the Fire Marshall. Under no
circumstance shall a dead end over 1300' be accepted.
14. A second access is required. This can be accomplished by finro main access
points form a main roadway or an emergency gate from an adjoining
development.
15. All buildings shall have illuminated addresses of a size approved by the city.
16. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately to the Fire Marshal for approval prior to construction.
17. Tum Around is required at the main building
18. Knox Box is required at the rear secondary access.
19. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within twelve months.
Coachel(a Vallev Water District:
1. Plans for grading, landscaping, and irrigation systems shall be submitted to the
District for review to ensure efficient water management.
//
10
(
C{TY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING COMMISSION STAFF REPORT
REQUEST: Recommendation to the City Council of Palm Desert to approve a
request by Oakmont Senior Living, LLC, which consists of a
Conditional Use Permit and a proposed Precise Plan to construct
121 senior community care and healthcare units with decorative
architectural elements up to 34 feet 11 inches tall on 8.63 acres
located on the northeast corner of Country Club Drive and Monterey
Avenue at 73-050 Country Club Drive. A Mitigated Negative
Declaration resulting from an Environmental Assessment pursuant to
the California Environmental Quality Act (CEQA) has been prepared
for the proposed project.
SUBMITTED BY: Ren�e Schrader, Associate Planner
APPLICANT: The Robert L. Mayer Trust of 1982
660 Newport Center Dr. #1050
Newport Beach, CA 92660
DEVELOPER: Oakmont Senior Living, LLC
220 Concourse Blvd.
Santa Rosa, CA 95403
CASE NO(s): CUP 07-17 PP 07-15
DATE: April 15, 2008
I. EXECUTIVE SUMMARY:
Recommendation to the City Council for the approval of Conditional Use Permit
07-17 and for the approval of decorative architectural elements up to 34'11" in
height of Precise Plan 07-15 would allow the applicant to develop a state
licensed institutionaf senior care faciliry and residential use on property zoned
PR-7 (Planned Residential/ 7 units per acre). The proposed project would build
117 senior care units housed in a finro story building and would construct four
single story casitas on the properry. A Mitigated Negative Declaration was
prepared in accordance with thresholds set by the California Environmental
Quality Act (CEQA).
/
Staff Report
Case No.s CUP 07-17 PP 07-15
April 15, 2008
Page 2 of 11
The project received unanimous approval for its exterior presentation from the
Architectural Review Commission at its February 26, 2008 meeting.
II. BACKGROUND:
A. Property Description:
The site was previously approved in 2006 as a Tentative Tract Map to
develop 49 two-story single-family residential lots. Currently the property is
vacant. It is situated on a site that is one of the western gateway points
into the city. To the north is a residential development, to the south is a
commercial retail center, and to the west is the Rancho Mirage city limit.
B. Zoning and General Plan Designation:
Zone: PR-7 Planned Residential (7 units/acre)
General Plan CC Community Commercial
C. Adjacent Zoning and Land Use:
North: PR-7Planned Residential (7 unitsfacre) Merano Subdivision
South: PC-2 Planned Commercial Bristol Farms
East: PR-7 Planned Residential (7 units/acre) Merano Subdivision
West: City of Rancho Mirage Commercial Development
III. PROJECT DESCRIPTION:
Oakmont Senior Living intends to bring a unique campus styfe senior living
project to Palm Desert. Oakmont Senior Living proposes to build 121 senior
community care and healthcare units, offering a wide range of services within a
gracious and secure environment. The 8.63-acre site wiil accommodate
approximately 117 units in the main two-story building and four single story two-
bedroom detached "casitas". This senior health care facility will be licensed by
the Social Service Department of the State of California and carry a Certificate of
Authority. Designed architecturally from the ground up to provide for the specia!
needs of seniors, the luxury private rooms will be supplemented with common
areas to promote friendships and create a sense of open community.
Senior residents can choose from two-bedroom "casitas", or one of the 117
spacious one- or two-bedroom units, ranging from 486 to 1,754 square feet. The
residents will receive healthy meafs, housekeeping, assistance from
knowledgeable staff, an emergency response system, programs such as aqua
aerobics, and health screening. Progressive care needs of the residents will be
� �,.
� Staff Report
Case No.s CUP 07-17 PP 07-15
April 15, 2008
Page 3 of 11
addressed by providing high acuity assisted living. Also residents will be able to
take health services in their individual units.
This self-sufficient senior community will provide amenities such as private and
formal dining rooms, a cafe, entertainment and activity rooms, business and
computer center, beauty salon, library, outside courtyard, swimming pool, nine-
hole putting course and more. There will be an in-house fitness center, lectures,
and a private Surround-Sound theater. Luxurious comfort will be defined by the
fine woodwork, elegant furnishings, artwork, fireplaces, and fresh flowers.
Conversation areas are strategically focated throughout the building to promote
socializing.
A. Site Plan:
The plan proposes a courtyard entry located within a main entry facing
Country Club Drive that would serve as vehicle and pedestrian drop-off. The
site plan illustrates that the primary vehicular entrance to the property is
from Via Scena off of Country Club Drive into the complex. A secondary
emergency gated egress empties onto Monterey Avenue. Underground
parking is accessed through the front of the project onto Country Club
Drive. The complex proposes a main building that wraps around the corner
with setbacks on the second story of the rear of the project abutting a single
family residential neighborhood. The interior of the site proposes a putting
green, and a paved walkway encircles the perimeter of the site.
B. Building Descrtption:
Approximately 104 feet separate the second story units of the proposed
Oakmont main building from the rear property line of the residential projects
to the north. Roofline heights vary on the main building and range in height
from the predominant building line of 24' high to the tallest tower element of
34'11". The largest single building is 215,032 square feet. While the project
appears to be one solid block in plan view, its elevation is punctuated with a
series of defined modulations in the form of recessed balconies, first and
second story alcoves, articulating rooflines, and a variety of fenestration
types.
C. Architecture:
The project architecture is of a Spanish Colonial design, utilizing a mix of
stucco, tile and wrought iron. Awnings and light colors present a soft
appearance while protecting from solar gain. Classic shapes and rhythms
generally associated with the Spanish Colonial architectural language are
r" (
' Staff Report
Case No.s CUP 07-17 PP 07-15
April 15, 2008
Page 4 of 11
placed throughout the building elevations, contained in the representation
of surface details, and in its exterior expression of space.
Judicious use of water elements adds a cooling influence while the
landscape palette will focus on a desert theme, with plants requiring
minimal water usages. The plant selection is in conformance with the
City's Landscape Maintenance Guide and recommendations. While the
plans have not yet received Preliminary Approval from the City's
landscape specialist, they have been approved in concept.
IV. ANALYSIS:
Oakmont Senior Living conforms to all zoning regulations. The following
information analyzes the projecYs expected impact on the site.
A. Parking:
Parking is provided as per Palm Desert Municipal Code Section
25.58.310.C. Health Uses as follows:
Convalescent and nursing homes, homes for aged, rest homes,
children's homes and sanitariums: one parking space for every four
beds in accordance with the resident capacity of the home as listed on
the required license or permit. Oakmont Senior Living is a fully
licensed facility. For the purposes of context the following would apply:
• The minimum required parking would be approximately 121/4 =
30.25 spaces.
• If there is double occupancy in 50% of the non-casita units 181/4=
45.25 spaces.
The proposed project would provide the following parking counts:
Underpround
Standard Spaces 92
Handicap Spaces 4
Casita Garages 8
Surface Spaces
Standard Spaces 57
Handicap Spaces 2
Total Parking Provided 163
Staff Report
Case No.s CUP 07-17 PP 07-15
April 15, 2008
Page 5 of 11
lt is anticipated that the majority of the residents would utilize shuttle
services that will be provided to take residents to shops, appointments
and community activities. Visitors and employees would use surface
parking spaces.
B. Height:
The project proposes to build one two-story building at the street front of
the property that would wrap around the corner and four single-story
casitas in the rear of the property. In its design the main building proposes
tile roofs that cover patios on the first f{oor. To create balance and
harmony the design utilizes raised architectural elements and decorative
towers. The highest of these e{ements is 34' 11" tall.
While the height fimit for continuous rooffines in a commercial district is 30
feet, and the height limit for multi-family residence is 22' for a flat roof and
24' for a pitched roof, the predominant height of the proposed building is
24'.
The second story is stepped back in the rear of the project as it faces the
adjacent single story residents. This setback is significant. From the
second story of the Oakmont project to the residences abutting the project
to the north there is a setback of 118'6".
In accordance with Zoning Ordinance Section 25.56.300 "Height of a
Structure" a decorative architectural element may be erected up to 25'
higher than the allowed height for the district. The Oakmont Senior Living
project can be considered as a multifamily development. Therefore, the
maximum al{owed height for the architectural elements would be 49'.
As a policy of the City, architectural elements are reviewed by the City
Council. The Architectural Review Commission found that the decorative
aspects of the height projections enhance the overall appearance of the
building.
C. Density:
The proposed density is 14 units per acre. The density associated with the
previously approved project was 6 units per acre. However, the previously
approved 49 single-family homes were two-story structures that potentially
could result in families of three persons or more. Therefore, the Oakmont
Senior Living project could result in fewer residents overall and be
considered less dense. In addition, hardscape to pave streets and an
(
' Staff Report
Case No.s CUP 07-17 PP 07-15
Aprii 15, 2008
Page 6 of 11
increase in automobile trips to service the larger number residents of
would have created a greater impact than the current proposal.
D. Landscape:
The Oakmont Senior Living project proponents were able to meet with the
Merano Homeowner's Association (HOA), the residential development to
the north that abuts the proposed construction. Oakmont's representatives
presented the features of the proposed institutional development. The
Merano HOA approved of all aspects of the project with the exception of
the proposed landscape along the adjoining property line. Homeowners
whose backyards abut the new development are opposed to trees that
appear in the design as these could litter in their pools. In, the review of
new projects, the City's policy is to endorse compatibility with adjacent
neighborhoods. However, the City also maintains a strict adherence to the
Urban Forest concept, which quantifies the quality of the environment
based on a percentage of living trees.
Since receiving these comments, the applicant has redesigned the
landscape; currently proposing trees along the emergency egress only
where there are no pools. The applicant has also submitted an alternative
plan without trees that will be presented at the time of the meeting.
E. Findings of Approval for a Conditional Use Permit:
In accordance with the City of Palm Desert Zoning Ordinance 25.72.070,
the following findings for a Conditional Use Permit are required to be
made before granting a Conditional Use Permit:
1. That the proposed location of the conditional use is in accord with
the objectives of this title and the purpose of the district in which
the site is located;
a. The proposed location of the Oakmont Senior Living
assisted senior care residence and facility is in accordance
with the objective of the zoning ordinance, which aims to
provide compatible uses in proximity. As presented the
project is an outstanding positive architectural contribution to
the streetscape fulfilling the objectives of the transition
aspect of the gateway frontage.
b. The proposed location of the Oakmont Senior Living
assisted senior care residence and facility is cited in such a
way to make accessible uses of increased intensity such as
�,
Staff Report
Case No.s CUP 07-17 PP 07-15
Aprif 15, 2008
Page 7 of 11
commercial centers yet provide a buffer to the single family
residences to the north and east of the project.
2. That the proposed location of the conditional use and the
conditions under which it would be operated or maintained will not
be detrimental to the public health, safety, or welfare, or be
materially injurious to properties or improvements in the vicinity;
a. The proposed location is not expected to create detrimental
effects to the public health, safety and welfare or be
materially injurious to properties or improvements in the city.
b. An environmental assessment leading to a mitigated
negative declaration has been prepared that concludes that
there will be no adverse environmental effects.
3. That the proposed conditional use will comply with each of the
applicable provisions of this title, except for approved variances or
adjustments;
a. The proposed conditional use complies with each of the
applicable provisions of Title 25 "Zoning".
b. The proposed Conditional Use Permit does not request of
the Planning Commission any adjustments or variances. The
decorative architectural elements of the project are allowed
by the zoning ordinance and have been approved by the
Architectural Review Commission.
4. That the proposed conditional use complies with the goals,
objectives, and policies of the City's General Plan.
a. The project as proposed is designed in accordance with the
goals and objectives of the City's General Plan for this area.
The General Plan land use designation is Mixed Use (MU)
Commercial high density (R-H) 10-22 dwelling units per acre
project.
b. The Oakmont Senior Living provides housing in a garden
setting at 14 dwelling units per acre. It can be found that the
use is compatible with the objectives and polices of the
General Plan. The institutional aspect provides a slight but
welcomed increase of employment in the area.
(
� Staff Report
Case No.s CUP 07-17 PP 07-15
Aprii 15, 2008
Page 8 of 11
In addition to the above Code-referenced findings, the Planning
Commission may wish to consider the traffic impacts in order to approve a
Conditional Use Permit for an institutional use in a residential zone.
As part of the conditions of approval, the applicant shall be required to
provide road improvements as provided by the Circulation E{ement of the
General Plan. Except for additional vehicular movements discussed
above, the project should not generate additional demands on existing
transportation systems. The proposed circulation systems have sufficient
capacity to accept any additional traffic produced by the proposed
residential project.
The applicant has submitted a Trip Generation Comparison Analysis that
studied the proposed project's impact on local "Level of Service" (LOS).
Expected weekday daily and peak hour trip generation form the proposed
121-unit Continuing Care Retirement Community project (340 dai{y trips,
23 two-way AM peak hour trips and 36 two-way PM peak hour trips)
versus trip generation from 49 single family units (468 daily trips, 36 two-
way AM peak hour trips and 49 two way PM peak hour trips).
In contrast to the 49 single family development, the 121 unit continuing
Care retirement community project would result in about 128 fewer daily
trips (about 27 percent fewer) with 13 fewer AM peak hour trips and
(about 36 percent fewer), and 13 fewer PM peak hour trips (about 26
percent fewer). Therefore, the project is not anticipated to deteriorate the
Level of Service (LOS) on either Monterey Avenue or Country Club Drive.
Principal access to the project area will be through Via Scena, which is
designed to handle vehicular traffic for this rype of use.
F. Findings for Approval of a Precise Plan
1. In accordance with Municipal Code Section 25.73 Precise Plan, the
Planning Commission may find that if the proposed precise plan
would substantially depreciate property values in the vicinity or
would unreasonably interfere with the use or enjoyment of property
in the vicinity by the occupants thereof for lawful purposes or would
endanger the public peace, health, safety or general welfare, such
plan shall be rejected or shall be so modified or conditioned before
adoption as to remove said objections.
The proposed plan, as designed, would upgrade rather than
degrade or endanger the appearance of the current vacant
lot and create a gateway statement. New landscape would
l� (
� Staff Report
Case No.s CUP 07-17 PP 07-15
April 15, 2008
Page 9 of 11
formalize the site and create compatibility with the adjacent
surroundings.
2. In addition to the foregoing grounds of rejection, the Planning
Commission may also consider and take into account the exterior
architectural design, general e�erior appearances, landscape,
color, texture of surface materials and exterior construction, shape
and bulk, and other physical characteristics including location and
type of public utility facilities, and if the Planning Commission were
to find that the proposed precise plan of design, including the
considerations enumerated in the Code would interfere with the
orderly development in the vicinity of the precise plan area, or with
the existing or proposed use thereof, it could reject or modify the
precise plan or condition its approval as to remove the objections.
The proposed architecturat style is iterated to convey a rich
mixture of modulated spaces with maximum attention given
to detailing of the architectura{ language in such a manner
as to provide a lasting positive contribution to the built
environment. Where there are architectural elements up to
34'11" in height, the architectural elements enhance the
street presence. The proposed materials and forms will
render a unique and aesthetic appearance.
V. ENYIRONMENTAL REYIEW:
A Mitigated Negative Declaration has been prepared for the Oakmont Senior
Living assisted residential facility. Due to its location in an urbanized infill setting,
it has been determined that Mandatory Findings of Significance are less than
significant with the exception of incorporating the following mitigation measures:
• The collection of the mitigation fees established by the Multiple Species
Habitat Conservation Plan to provide conservation for biologica{
resources for which mitigation fees will be applied. (See Initial Study IV.
a).
• The requirement of a Native American Archeological monitor to be
present during the excavation phase of the project. (See Initial Study V.
a-d).
• The City of Palm Desert grading and building permits procedures require
detailed geotechnical reports addressing grading specifications and the
(
� Staff Report
Case No.s CUP 07-17 PP 07-15
April 15, 2008
Page 10 of 11
settlement and expansive characteristics of on site soils. All structures
must be designed to the 2007 California Building Code requirements to
insure that buildings are constructed within the acceptable level of risk set
forth herein for the type of building and occupancies being developed.
(See Initial Study VI a (i-iv)).
• Strict adherence to construction hours and days will be required.
Additional measures to mitigate traffic and operational noise will be
required. Noise levels will be mitigated so that the General Plan Noise
Element limits are not exceeded. (See Initial Study XI. a-d)
VI. CONCLUSION:
The Oakmont Senior Living conforms to all zoning regulations. Its impact on
density would be minimal as the subject property faces an intersection
developed with high intensity commercial venues. Therefore, its approval would
create a buffer befinreen the abutting single family residential properties to the
north and east and the existing busy commercial corner. The Oakmont Senior
Living facility will have little or no impact with regard to:
• Traffic: Low impact, and would not affect the AM/PM peak commute
times.
• Schools: All residents are senior citizens; therefore schools are not
affected.
• Noise: Once constructed, probably the least noise of any type of
development.
It can be concluded that the proposed institutional use would be a favorable
addition to the vicinity.
VII. RECOMMENDATION:
That the Planning Commission adopt the findings and adopt Planning
Commission Resolution No. , approving CUP 07-17 and PP 07-15 subject
to conditions attached.
r
Staff Report
Case No.s CUP 07-17 PP 07-15
April 15, 2008
Page 11 of 11
VIII. AITACHMENTS:
A. Draft Resolution
B. Legal Notice
C. Negative Declaration Environmental Checklist
D. Initial Study (Comments from Checklist)
E. Architectural Review Commission Notice of Action and Minutes
F. Exhibits
Submitted by: Department Head:
�
Ren�e Schrad Lauri Aylaian
Associate Planner Director of Communiry Development
Approval:
�� C�
��
,�0'1 Homer Croy
�� ACM for Development Services
(,. r.
ARCHITECTURAL R�rIEW COMMISSION
MINUTES FEBRUARY 26, 2008
ordinance allows for the towers and we are not trying to approve
the whole building over the height limit. We look at things in
context with the code. Commissioner Van V1iet stated that the vast
majority of these buildings are well under the height limit; it's not
like a huge mass up at 34 feet going straight across. Mr. Palmer
stated that if you were to average the height, the percentage of
floor area that exceeds it is probably less than 2% of the whole
center. Commissioner Lambell asked what size the cupolas were.
Mr. Palmer answered that they were eight feet by eight feet.
Commissioner Hanson made a motion for approval and
Commissioner Gregory asked if the motion could inc{ude putting a
little pressure on the appficant to put that archway there because
that will really help that spot. Mr. Lang stated that they were in
complete agreement.
Action:
It was moved by Commissioner Hanson and seconded by Commissioner
Lambell, to grant approval subject to including the archway. Motion
carried 4-1-0-1, with Commissioner DeLuna voting NO and Commissioner
Vuksic absent.
3. CASE NO: CUP 07-17, PP 07-15
APPLICANT (AND ADDRESS): THE Rt�BERT L. MAYER TRUST
OF 1982, 660 Newport Center Dr. #1050, Newport Beach, CA 92660
NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary
approval of architectural design for a proposed Precise Pfan to
constn�ct 121 senior community care and healthcare units on 8.63
acres: Oakmont Senior Living.
LOCATION: 73-050 Country Club Drive
ZONE: PR-7
Action:
{t was moved by Commissioner Hanson and seconded by Commissioner
Lambell, to grant approval by minute motion. Motian carried 4-0-1-1, with
Commissioner Gregory abstaining and Commissioner Vuksic absent.
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