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HomeMy WebLinkAboutZOA 98-2 HOTEL STANDARDS 1998 hrar'. � a C Q P.C.(3) 0 Dinah Shore ❑r. a _ ''•� �y �u1llllultL_8{Lyyi�{j}:�'_Afl utL6l13,31ti�.1'�i]•�...__ _ _ w., 20 zl 29120 nancna •ix.cl mr uurt 3ci:' ^>.•°a, '•;.��.. ---1_ P.0 S.I. S.I ?\ c.Ip e.i J s --- ;_}'� u '✓.;.. it I }I i P.C.D. S.I. - al 1 ...,.,.r.............a,A 1 � ' •.........................'.e..........rvvwx nF.ac'r:laf............. VVV 1 rau OESE., nr uuu 1 i 1 1 i 9 ,�•� �➢ 123 GfAA L°—i-0II°—OIIIVF �� 31 132 32 33 1 .• I P.C.—(2)f . - ^q� CITY Of PALM DESERT Case NO. C/z 92-1 PLANNING COMMISSION fl? � 0 � (B� RESOLUTION NO. Date ti i ORDINANCE NO. 872 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT RELATING TO HOTEL DEVELOPMENT STANDARDS. CASE NO. ZOA 98-2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 23rd day of April, 1998, hold a duly noticed public hearing to consider an amendment to zoning ordinance Section 25.56.500.A relating to minimum guest room size for hotel rooms/suites; and WHEREAS, the Planning Commission has recommended approval of the proposed amendment; and WHEREAS said amendment has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development/Planning has determined the amendment to be a Class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony persons desiring to be heard said City Council did arguments, if any, of all interested p g Y find the following facts and reasons to exist to approve a zoning ordinance text amendment: 1 . The proposed amendment relating to minimum guest room size for hotel rooms/suites is consistent with the intent of the zoning ordinance and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the consideration of the Council in this case. 2. That it does hereby approve ZOA 98-2 as provided in the attached exhibit labeled Exhibit "A." 3. The City Clerk shall certify as to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation within the City of Palm Desert, and the same shall be in full force and effect thirty (30) days after its adoption. , t 1 ' ORDINANCE NO. 872 PASSED, ADOPTED and APPROVED at a regular meeting of the Palm Desert City Council, held on this 29th day of April, 1998, by the following vote, to wit: AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE �( /vv A BENSON, MAYOR ATTEST: SHEILA GICLIGAN, 5'�t Clerk City of Palm Desert 2 ORDINANCE NO. 872 EXHIBIT "A" Section 1 That the Palm Desert Municipal Code Section 25.56.500.A is amended to read as follows: "25.56.500.A. The minimum guest room/suite size for.any hotel shall be three hundred thirty square feet. Hotel projects shall have an overall average guest room/suite size of at least 375 square feet." 3 MINUTES PALM DESERT.PLANNING COMMISSION APRIL 21 , 1998 Mr. LeProhon stated that their construction traffic right now was going through it and they were building a wall there and it looked like the driveway was in that location. Mr. Drell indicated that Mr. LeProhon was talking about a different home. He noted that the third house where the construction was occurring was approved five or six years ago and they were just building a wall there and agreed that they might get access from that side. That was a different project. Regarding the issue of them using the church's parking lot, if they don't behave then they should be thrown off the church's property. Chairperson Campbell asked for confirmation that the proposed project was not under construction. Mr. Drell explained that Mr. LeProhon was referring to another lot where they are finally beginning to build after five or six years and they were now building a wall. Chairperson Campbell closed the public hearing and asked for Commission comments. Commissioner Jonathan said the project looked good to him. Action: It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, approving the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1855, approving HD PP 98-3, subject to conditions. Motion carried 5-0. D. Case Nos. PP/CUP 98-2 and ZOA 98-2 - PDH ASSOCIATES, LLC, Applicants Request for approval of a Precise Plan/Conditional Use Permit and Zoning Ordinance Amendments to permit construction of a hotel complex (two hotels) and a freestanding restaurant on 11 .3 acres at the southwest corner of Cook Street and Frank Sinatra Drive. 7 MINUTES .PALM DESERT PLANNING COMMISSION APRIL 21 , 1998 Mr. Smith explained that the proposed project would be located on 11 acres at the southwest corner of Cook and Frank Sinatra. He indicated there was a colored site plan displayed on the wall. He showed the location of Cook Street, Frank Sinatra, the Desert Willow Golf Course, the proposed Courtyard Hotel and registration area, the Residence Inn along the southerly portion of the property, and the entry points. He explained the entry point to the Courtyard was on the north side facing Frank Sinatra. He also pointed out that five of the Residence Inn buildings would be adjacent to the golf course and two other buildings located more toward the center. Amenities would include pool areas, paddle tennis, a tot lot and two tennis courts. The Courtyard would also have one larger swimming pool as well as the other amenities. Mr. Smith explained that there would be two entry points for access on Frank Sinatra. They would be right-turn in and right-turn out only. He noted that there was an existing median in that area. On Cook Street there would also be two access points with the north being a right-turn in and right-turn out only and the more southerly access point would have a left-turn pocket. He noted that the proposal included a restaurant use on the corner that could be a maximum of 6,000 square feet. Mr. Smith indicated that the setbacks provided a substantial distance from Frank Sinatra to allow visibility into the Courtyard Hotel. The staff report mentioned comments by the Architectural Review Commission and how they amended the site plan. The areas in question at that point included the landscaped areas on either end of the Courtyard building. The area increased four or five-fold in size from 6-8 feet and was now around 30 feet. The Courtyard Hotel was proposed as a three- story structure with 153 units fronting onto Frank Sinatra at the west end of the property. The building would be a prototypical Courtyard facility. He indicated that the staff report noted that it was similar to the existing Courtyard Hotel located in Palm Springs. He clarified that the architecture would be similar to the eave line and noted that the elevations on display indicated that this project proposed roof pitches in the 6/12 and 7/12 range, while the Palm Springs Courtyard had approximately a 3/12 roof pitch. The revised building elevation also indicated that the first ridge line was now 46 feet (the staff report said 47) and the overall height in the center section was now 51 feet versus the 55 feet noted in the staff report. He indicated that the Architectural Review Commission reviewed the additional landscaped area last week and felt it would allow significantly enough landscaping to be installed to mitigate the impacts of the buildings. On March 24, 1998, ARC granted conceptual approval and not preliminary as noted in the staff report. In the case of Residence Inn, it would have two-story buildings with 130 units 8 MINUTES PALM DESERT.PLANNING COMMISSION APRIL 21 , 1998 fronting on Cook Street, five buildings adjacent to the golf course and two buildings toward the center. Building heights in this area would range up to 29 feet and two stories. The applicant was seeking approval for a restaurant up to 6,000 square feet in size. At this time there were no plans on file. Regarding parking, staff noted that the revised plan provides 345 spaces and the subsequently revised plan provides 370 spaces versus the code requirement of 386. Since staff felt the 345 spaces were acceptable, staff also felt 370 was acceptable. On the bottom of page five of the staff report, Mr. Smith explained the rationale for accepting a parking reduction was that with other projects where there is an overlap of uses (people in the hotel were also patrons of the restaurant) there was a certain amount of overlap. He mentioned specifically Embassy Suites/Sonoma Grill and the restaurant there was granted a 50% parking waiver which was generally considered to be adequate. Mr. Smith noted that in 1994 the City conducted an Environmental Impact Report for 515 acres in Section 4. This 11-acre site anticipated up to 300 hotel units. That EIR was certified in November of 1994 by Resolution No. 94-119. With regards to other issues, on page 6 of the staff report the Zoning Ordinance prescribed a minimum room size of 375 square feet. The proposed project had rooms and/or suites ranging in size from 331 square feet to 871 square feet. Overall average was 466 square feet. Staff suggested an amendment to the ordinance that would reduce the minimum to 330 square feet, but would maintain an overall required average of 375. Mr. Smith noted that standard came out of the Year 2000 Commercial Committee report from the mid 1980's. Their concern was to try and- maintain a certain level of quality in hotel development. Staff felt that maintaining the overall average at 375 would result in that protection. Subsection B of the Hotel Development Standards required restaurants to serve three meals a day. In the Courtyard Hotel there would be a restaurant serving three full meals a day. Residence Inn would have a buffet room with breakfast and afternoon hor d'oeuvres and on the corner pad they were proposing a 6,000 square foot restaurant. The applicant felt that would meet the restaurant requirement. Mr. Smith noted that staff distributed to Commission a copy of colored photographs of the Palm Springs facility. The proposed air-conditioning systems were similar to the proposal in that the units extend through the wall approximately one inch and they have a grate on them that would be painted to match the stucco color. Staff's suggestion was that these units should be defined as acceptable in that he visited the site in Palm Springs and the units were quite difficult to see and they were also quite quiet. Relative to building height, the Planned Residential zone limited building height to 24 feet and two stories. As noted 9 MINUTES PALM DESERT-PLANNING COMMISSION APRIL 21 , 1998 in the staff report, Mr. Smith explained that there are provisions in the ordinance for exceptions to the height limit. There was a Zoning Ordinance amendment being recommended as part of the project and that portion would have to go to the City Council for approval and the City Council was always involved in any height issue where there was an exception being granted. This matter would be going to City Council once the Planning Commission concluded its deliberations. On pages 7 and 8 of the staff report the findings were outlined for the approval of the Conditional Use Permit. Staff felt they could be met and noted that the matter was previously assessed for environmental purposes pursuant to the EIR that was certified in 1994. No further documentation was necessary. Staff's recommendation was that Planning Commission recommend approval of the amendment to the Zoning Ordinance as it relates to minimum hotel guest room size, and that Commission adopt a resolution approving the Conditional Use Permit, subject to conditions, and that the Planning Commission refer the whole matter to council for consideration of the building height exception pursuant to Municipal Code Section 25.24.310. Mr. Smith asked if Commission had any questions. Commissioner Finerty asked if the Year 2000 Plan Mr. Smith alluded to contained a recommendation for an overall average size of the guest rooms. Mr. Smith replied no. Commissioner Finerty asked if there was currently anything at the City that says there is an overall average for the units. Mr. Smith informed Commission that several months ago this matter was referred to the Zoning Ordinance Review Committee and it was their suggestion that the number be looked at as an average. Commissioner Finerty asked if the overall average of 375 square feet was their recommendation. Mr. Smith concurred. He stated that they did not suggest a minimum because at the time they were discussing it they didn't know what the minimum was going to be. Chairperson Campbell asked if the proposed restaurant on the corner would be open 24 hours or if it would only provide breakfast, lunch and dinner and if it would come before the Planning Commission later. Mr. Smith explained that if the Commission approved it the way it was structured, the matter would not be returning to Planning Commission. There was, however, a condition restricting the hours of operation from 6:00 a.m. to 12:00 p.m. seven days a week (Community Development Condition No. 14). Whatever the operator might be, if they couldn't live with those hours then they would be looking at 10 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21 , 1998 an amendment to the conditions, and that would require a public hearing before Commission. Commissioner Jonathan noted that under the recommended action from staff, the first item was to approve findings and adoption of a resolution recommending to the City Council approval of an amendment to the Zoning Ordinance with regards to the minimum hotel guest room size. Staff was requesting that the minimum be reduced to 330 square feet. That was an actual amendment to the Zoning Ordinance. He asked if staff considered granting an exception as opposed to amending the ordinance. Mr. Smith explained that staff took the recommendation from Zoning Ordinance Review and they suggested the average be maintained and a room size minimum. If they were having the average met, there probably wouldn't be that small of a room. Mr. Drell said they also concluded that that particular provision wasn't subject to the Exceptions process. Mr. Smith explained it was in the General Provisions section, while the Exceptions Provision applied to the PR zone. Commissioner Jonathan asked if, when ZORC initially addressed the matter, they came up with the 375 figure. Mr. Drell said it was the existing number and Mr. Smith noted that it came out of the Year 2000 Committee back in 1984-85 and was the existing minimum. Commissioner Jonathan asked if the first time ZORC addressed this was with this project in consideration. Mr. Smith concurred. He didn't believe staff had the actual application, but they had seen preliminary information. Commissioner Jonathan clarified that partly resulting from that it was ZORC's recommendation that the Zoning Ordinance actually be amended to provide for a reduced minimum; Mr. Smith concurred and added that they would also be maintaining the average. Commissioner Jonathan asked if their average requirement was specified and would be specified in the amended ordinance. Mr. Smith concurred and pointed out Exhibit A to the draft resolution for ZOA 98-2 where Subsection A would now read, "The minimum guest room/suite size for any hotel shall be 330 square feet. Hotel projects shall have an overall average size of at least 375 square feet." Commissioner Jonathan noted that the next item on the recommended action from staff was again approving findings and then adopting the resolution to approve the Conditional Use Permit and referring the whole matter to City Council for consideration of the building height exception. He asked for clarification that staff was requesting formal approval of the CUP, but in addition and as part of that they would then refer the whole matter to the City Council. He asked if it was formal approval or if the Commission was just passing it up to City Council for approval. Mr. 11 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21 , 1998 Smith stated that Planning Commission would be formally approving the CUP and staff's observation after many years has been that the Council, when they are reviewing a height matter, typically also liked to look at other aspects of a proposal. Mr. Drell recommended that the resolution be changed so that everything was a recommendation to City Council. That would mean recommending approval of the CUP including whatever comment the Commission wanted to make concerning the height. Commissioner Jonathan felt that would be consistent with previous cases. Commissioner Jonathan noted that staff was asking Commission to approval a restaurant site or a restaurant, but they didn't have actual plans. He asked if they would just be approving the conceptual use. Mr. Smith replied that Commission would be approving a restaurant use up to 6,000 square feet with architecture to be reviewed by the Architectural Review Commission at the time it was actually received. Mr. Drell said the approval would also be for a pad, access and parking. Commissioner Jonathan asked what Commission's options were if they wanted to see that restaurant before it is built. Mr. Drell said that it could be added as a condition of approval. Upon questioning by Commissioner Beaty, Mr. Drell explained that there was already a three-meal restaurant in the Courtyard so the property already had, in addition to the stand alone restaurant, a full service restaurant so technically it didn't have to be there. Chairperson Campbell stated that they didn't want to just see that corner vacant for years when there were two hotels there. Commissioner Jonathan agreed, but shared the concern about what type of restaurant would be permitted, what it might look like, and while ARC does a wonderful job, there have been times when the Planning Commission's recommendation has varied from theirs. He was leery of granting approval for something without seeing it. Chairperson Campbell agreed that a condition should be added requiring the restaurant to return to Planning Commission. Commissioner Jonathan asked if the approval would be for a precise plan when it came back. Mr. Drell said they already have a site plan for the restaurant and they would really just be looking at the architecture. Commissioner Jonathan said that they would also be looking at some of the finer details such as where the trash would go, the odor situation, the user and the typical kind of issues that tend to come up. Mr. Drell indicated that if Commission wanted it to come back, technically it could come back as either a miscellaneous item or as a public hearing item. Regarding parking, Commissioner Jonathan said he didn't have a problem with the parking. The project was proposing 370 spaces and code required 386, but just as a point for staff to note, he frequented Embassy Suites on a regular basis and in his opinion he thought that was a poor example because there 12 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21 , 1998 were frequent times when he goes there and parking is a problem. He goes there for lunch as well as Chamber meetings and if they are having a watch sale upstairs, and trying to go to lunch, and if it's during the season there were hotel guests parking, and he felt it is a problem. The reason he brought it up was that if a restaurant was successful on its own, and he felt that Sonoma Bar and Grill is, Sonoma was a regular meeting place for the business community so the argument was spurious that there is less parking required because the patronage of the restaurant tends to be significantly from hotel guests. In the case of Sonoma Bar and Grill he felt that often that was not the case. He hadn't talked to each restaurant user or taken a pole, so he wasn't sure that that argument would be valid, he just wanted to bring up that point for staff to consider in the future. In this particular case with 370 spaces versus 386, he didn't think justified raising the issue anymore. With regards to the air conditioning, he asked if the applicant submitted any alternative proposals other than the "state of the art exterior air conditioning" which looked strikingly similar to the old fashioned type window air conditioning. Mr. Smith replied no, the applicant did not. Chairperson Campbell opened the public hearing and asked the applicant to address the Commission. MR. WILLIAM SWANK, the architect and a partner of PDH Associates, stated that he would try to answer the commission's questions with as much detail as he could. He informed Commission that there hasn't been a hotel built in this valley in more than ten years, with the possible exception of a bed and breakfast in La Quinta and a remodel in Palm Springs. He thought that might have been one reason that the issue of room size hadn't been brought up before. The size of the room didn't indicate the quality of the room. He noted that in a lot of fine hotels the rooms were very small. The proposed rooms were above average in size. Regarding the site plan, they have 11 .3 acres and they share similar concerns with the restaurant and that is why they planned the whole thing from the beginning, to insure that the circulation would work and the parking conveniently located in close proximity to where it would be used, and that the trash could be removed without interfering with the guests and people arriving at the restaurant. They didn't want a 24-hour restaurant there, a Denny's or a Carrow's. They haven't proposed a restaurant there at this time because they feel they don't need an additional restaurant to service the Courtyard or 13 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21 , 1998 Residence Inn. He felt that a restaurant would be an appropriate use for that corner, especially in view of the fact that there would be a university campus going cater-corner across from it. He thought it was quite a good location for a restaurant. If the Commission wanted to restrict the hours that was fine with him and he would have no problem with that. He also didn't have a problem with bringing it back to the Commission for review. He said they planned to be in the community for a long time, so they wanted it to be right also. They've taken into account the location of the buildings and setbacks. The setbacks were quite generous and they believed there were some planning numbers he felt the Commission might be interested in and that he wanted to share with the Commission. The building coverage was 20.37%, the coverage including the parking was 44.9% and more than 55% would be landscaping and amenities which included the pools and tennis court. He felt the site had not been impacted with a high density of building. He noted there were a couple of other issues he wanted to address and one of them was the air conditioning. Mr. Swank said that frankly, there was no other alternative to the through-the-wall air-conditioning system for this desert. The other alternative would be a massive plant that would have massive fan coils and chiller plants that would be running all day. If one room was occupied, the whole thing would be running. It could be zoned and cycled, but the noise and energy consumption would put it beyond anyone's capability of servicing that type of event. The air-conditioning units planned are used in all of the hotels, except high-rise hotels. They were very quiet, on the inside and on the outside. They ran at a very small power consumption. People moving in the room would activate the air-conditioning system so that it would cycle on and off. Those units were about the best they could do. They have searched and he has built hotels with about every kind of air-conditioning system, but this was the best system for this type of hotel. He noted that the air-conditioning units in the Residence Inn were just like in a single family home. Each unit had its own individual air-conditioning unit in a closet and it was exactly what was in a residential home. The project would be under a franchise from Marriott, both the Residence Inn and the Courtyard. Mr. Swank said he has had a great deal of experience with the Residence Inn and Courtyard in Fairfield. He felt that Marriott was the best hotel company in the world. He has been with them now for over 12 years and he would like to stay with them. He said he has other projects in other areas planned with 14 MINUTES PALM DESERT .PLANNING COMMISSION APRIL 21 , 1998 Marriott also. He indicated that Marriott doesn't have a single penny in the project. It was all PDH Associates' money. They buy the franchise and pay the royalties. The hotels are managed according to their standards and inspections, which are very tough. These two hotels would benefit by the marketing program that Marriott has valley wide and he realized that was probably outside the Commission's jurisdiction, but he wanted to mention that. There were other locations in the valley, but PDH and Marriott both wanted to be here. He asked if there were any questions. Commissioner Jonathan thanked Mr. Swank for attending the meeting and asked him what the height was on the north side of the Courtyard building which would face Frank Sinatra. Mr. Swank said it was on the drawing and noted it was 42 feet. He indicated that the 51-foot height was just at the peak and extended only for a distance of 24 feet. Commissioner Jonathan noted there was also a good setback from Cook Street also. Mr. Swank said the distance was 347 feet. Commissioner Jonathan asked if hotel guests wanted to exit on Cook Street, if the egress there for both driveways would only be right-turns or in a southerly direction. Mr. Swank concurred. Commissioner Jonathan asked if a patron wanted to go to the freeway, they would have to exit right onto Frank Sinatra and then make a left turn onto Cook Street. Mr. Swank concurred. Commissioner Jonathan noted that Mr. Swank mentioned that the air- conditioning units were just like the ones in homes and he knew that the one in his home doesn't go through the walls or windows. 15 MINUTES PALM DESERT.PLANNING COMMISSION APRIL 21 , 1998 Mr. Swank clarified that the Residence Inn air-conditioning units were in a closet inside the rooms. The rooms were 450-500 square feet and some were up to 700 square feet. They would have a forced air closet air-conditioning unit like a lot of homes. Commissioner Jonathan indicated those were self contained and they didn't have the through the wall feature. He noted that Mr. Swank made a statement that the through the wall design was a necessity for the Courtyard. Mr. Swank concurred and explained that it was because it would be three stories high, 153 rooms, and the companion piece to the air- conditioning unit was the chiller unit outside usually located in a side yard or on a roof and there was no place for them. Commissioner Jonathan asked if there were other similar hotels in the valley that do not employ the through the wall technology. Mr. Swank noted that the Courtyard in Palm Springs has them through the wall. He didn't know what Embassy Suites has, but the alternative was not very pleasant because they were very noisy. Mr. Drell concurred and explained that Embassy Suites has a central system and although the city doesn't get complaints any more, when it went in they got complaints from Hidden Palms from the noise from a huge cooling tower. Mr. Swank said it also used a lot of energy because it was going all the time. Commissioner Jonathan noted that the central unit was going, but the rooms have auto shutoff and all the modern features. They wouldn't have air going on in a room that was unoccupied. Mr. Swank said the plant would still be running. Commissioner Jonathan felt that Mr. Swank made some very strong statements about the air conditioning and asked if that was based on general experience of if he had any studies that the Commission could be provided with that would indicate that all new hotels used the through-the-wall units. 16 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21 , 1998 Mr. Swank stated that he would not stand before Commission and say that all new hotels do that. Commissioner Jonathan stated that he didn't mean to be pejorative on the point, but Mr. Swank made a very bold statement that this was the only option, in essence implying that this hotel couldn't be built with another type of air-conditioning system. Mr. Swank noted that people don't like to hear that kind of thing that there are no other alternatives. He said there were other alternatives, but the property couldn't be built. The next thing they would be asking for would be another two feet per floor for the pipes and all the other air conditioning requirements. He said this was the "state-of-the-art" system and if the Commission wanted a study he could get one from Marriott. He said there were alternatives, but there was a practicality also. Energy consumption was a very important item these days and these units would consume less energy and are more efficient than any other kind. With regard to the height limit, he felt there was a certain proportion and massing needed that needed to be balanced and if there was a three-story building, it should have a roof on it with a certain mass to it. With a three-story building they could get into another problem. If it had a flat roof, they would have the elevation override going above the roof. He said that three quarters of the project was below the height limit and if they outlined the part above 35 feet on the Courtyard it would be just a stripe maybe 20 feet wide. That was the base. At the maximum at the highest part it was only just a line. He stated again that he shares the same concerns with regard to the restaurant and he didn't mind additional conditions on it. He said he was hoping that someone would look at the site plan and tell him they did a good job with the restaurant, the entrance, the trash location, and the circulation and he noted that it all worked together. That was the key. Chairperson Campbell asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. MS. LOUISE KERMODE, 38-731 Desert Mirage Drive in Desert Falls, asked if the drawings showed an accurate picture of what the project was supposed to look like. 17 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 1998 Chairperson Campbell concurred. Ms. Kermode felt it looked like another Esmeralda, which she thought was the ugliest building in the Desert. Mr. Drell explained that the picture was of the Courtyard portion. Ms. Kermode asked if this was what the Commission felt was a good looking, southwestern, mexican, Spanish design for their corner. She stated that this was the first time she had heard about this project and no one had asked her for input on what she thought should be there aesthetically. She said that while the Commission might like the Esmeralda or the Renaissance, she felt it was an eyesore. Ms. Kermode also stated that when their house was built, they were told that nothing higher than two stories would be built in that whole north-south golf course area and now this proposal had three stories. She asked if that would also happen in the south golf course. She asked why the Commission was making exceptions, didn't understand it, and asked if they could explain it all to her regarding the design and the height. Commissioner Jonathan informed Ms. Kermode that no one had made a decision, no one was making exceptions, and Ms. Kermode expressed concern about being given an opportunity to express her views, and that was what the meeting tonight was about. Ms. Kermode stated that was all she had to say. Commissioner Jonathan asked where Ms. Kermode's home was in relation to the project. Ms. Kermode explained that their street was the first street south. When coming down Cook from Frank Sinatra, they were the first right- hand turn. There were two streets there, Desert Mirage Drive and Montecito. MS. CAROL DAVIS stated that she lived right across the street in the Desert Falls links area and she expressed concern about the height because she did not want their view of the mountains taken away and that was why they bought their house. She asked if the hotels would 18 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21 , 1998 have low-priced rooms. She was concerned about the type of hotel it would be and asked what a Residence Inn was and how long people stayed. Mr. Swank explained that the Residence Inn was a high-end product and was the most successful extended stay product on the market. Their guests normally stayed a week, three weeks, a month, and sometimes a year. They have built these in resort locations and it was impossible to get a reservation on any holiday or any weekend in the foreseeable future. They were very popular, were expensive, and were the Marriott. Mr. Drell asked what for an estimate of the typical room rate. Mr. Swank replied that the average room rate was $150.00. Commissioner Beaty asked if that would apply to both the Courtyard and Residence Inn. Mr. Swank replied yes. Ms. Davis asked what the setback was from the Residence Inn to Cook Street. Mr. Swank said it was 87 feet. The property line was at the sidewalk. He also explained that was another reason he didn't put two story buildings there. There was a double fairway between the project's first building and any house to the south, which was over 600 feet. Ms. Davis asked about the location of the parking. Mr. Swank explained that it was the white area shown on the drawings. He pointed out a driveway in the center and parking on either side. Ms. Davis asked if there would be double or tiered parking and Mr. Swank replied no. Ms. Davis stated that she just didn't want the valley to be cheapened. She was from the San Fernando Valley and she moved out here to get away from all of that. Commissioner Beaty informed Ms. Davis that the Courtyard and Residence Inn facilities that he is familiar with were well done and very tasteful. He was sure Marriott would hold the developers to the same standard. 19 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21 , 1998 MR. WAYNE SHARP addressed the Commission and said that he came to the Desert in 1948 and he has been building houses here since then. He is semi-retired now, but he had noticed through the years (and he was talking about commercial, hotels, and whatever) that buildings were to the bare minimum of roof pitch. When talking pitch, if he was providing a 6/12, that meant it would raise six inches to the foot, but there were so many of the buildings here that provided the minimum of a two and a half pitch so that they could put tile on it and he thought it would be very attractive to see something a little steeper. He didn't really believe it would take that much view and secondly, for the building itself, that space above the top floor was very well insulated by that dead air space. In defense of that he felt it was very attractive to see something a little steeper than the two and a half or a 2/12 pitch that is seen all over the Desert. The reason they do that is so that the contractor does not have to buy so much tile or so much roof. There were also many flat roofs which he felt were very unattractive and he felt that something like a 5/12 and 6/12 pitch would be very beneficial to the area. Chairperson Campbell asked if the applicant would like to give a rebuttal to any of the comments. Mr. Swank felt the community would be pleased with the project and indicated they have bought Marriott franchises for over ten years. They had one facility before Marriott became involved, so that pushed it to 12 and they would not be around very long if they weren't doing a good job. He said Marriott was really tough and he liked it that way because he knew their guests would be treated properly. He applauded the comments of the last speaker and thanked the Commission. Chairperson Campbell closed the public hearing and asked for Commission comments. Commissioner Finerty stated that she would like to see an added condition for the Planning Commission to see the restaurant plans. She noted she personally stayed at a Courtyard for six weeks and felt it was very tastefully done and was very pleased. She explained that her concern was with regard to changing the average room size. She was not opposed to reducing the minimum to 330 square feet, but she would like to see a little higher standard 20 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21 , 1998 than 375 as the average room size. Commissioner Jonathan asked if she had something specific in mind or just in general. Commissioner Finerty replied just in general and explained that she was basing that on the Year 2000 Committee Plan. She knew that a lot of work went into that plan and the committee recommended a room size of 375. She believed that staff was suggesting an overall average of 375 rather than having each room 375. Commissioner Jonathan asked if the plan suggested a minimum of 375. Commissioner Finerty concurred. Mr. Drell agreed that was correct and explained that 375 might have been the minimum room size at the Marriott Desert Springs. They were talking about a difference of 35 square feet, which was an area of five by seven feet. Commissioner Finerty noted that the difference was 45 square feet, not 35. Mr. Drell agreed. Commissioner Beaty asked if Commissioner Finerty was speaking in terms of this particular project. He explained that he was interpreting this project as having an average room size, for the whole project, of 466. Commissioner Finerty agreed that the average for this whole project would be 466 and she didn't have a problem with that, but her concern was with regard to the ordinance change. Chairperson Campbell asked if some of the rooms on the plan were studio units. Mr. Drell stated that the proposed minimum was 330 square feet and for this project the Commission could raise the average to 410 and this project would not have a problem, but they might run into the problem that a different type of hotel that has a standard room size of 375 wouldn't get built. He suggested that the city could regulate quality through a lot of ways and felt a couple of square feet more or less didn't necessarily determine quality. He said that an option would be for a Plan 1 and Plan 2. A single size room would have to be a minimum of 375 and if there was a range of product they could utilize the average and go as low as 330, but then they would have to have an average of 400. Commissioner Finerty asked what the basis was for the Zoning Ordinance Review Committee having come up with the figure 375. Mr. Drell replied that getting a hotel with 100 rooms that were 375 square feet, or 50 rooms at 330 and 50 rooms at 415, there would still be an average of 375 and they would still be achieving the same result. If an applicant wanted to produce a smaller room, he or she would have to produce a bigger room that exceeded the minimum so that the overall impact would still be a hotel with average room sizes of 375. Under the current ordinance every room has to be 375 square feet and this would give an option of providing a mixture of rooms with some larger and some smaller to meet the standard. Commissioner Jonathan asked if Commissioner Finerty was suggesting that the ordinance remain with a minimum of 375. Commissioner Finerty 21 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21 , 1998 recommended that the minimum average be higher than 375. She concurred with Commissioner Jonathan that a minimum size of 330 would be acceptable, but wanted the average to be higher. Chairperson Campbell asked what Commissioner Finerty's suggestion was for the average. Commissioner Finerty said she didn't have a specific recommendation for the average. The proposed project would have an average of 466 square feet, which might be too large, but she would like to see a happy medium. She was also concerned about the overall quality and could understand the Year 2000 Plan's committee when they came up with this and didn't know that 375 was an arbitrary number and didn't know what they based their decision on. Mr. Drell informed Commission that if the average was 475, he didn't think that the Marriott Desert Springs would comply. He thought that 90% of their rooms were probably 375 or 380 square feet and he didn't think the Commission would want to adopt a standard that would make the Marriott Desert Springs a nonconforming hotel. Commissioner Finerty explained that she thought that they were talking about reducing the minimum to 330 and having the overall average higher than 375. Mr. Drell explained that if they raised the standard to 400, he didn't believe the Marriott's room sizes would average 400 square feet. He thought that most of their room sizes were 375 to 380 square feet and ZORC set it coincidentally at a size that the Marriott qualified for. He explained that this project was unique in that it would provide a suite/extended stay product for over half the units and would therefore have a very large average. If they applied that to all hotels, they would be precluding very exclusive boutique-type hotels that they might be seeing on El Paseo which would not be suite hotels and might have an average of 375. Commissioner Finerty noted that Commissioner Jonathan alluded to an exception. Mr. Drell explained that under the current code this section was not subject to the . Exceptions process. Commissioner Jonathan suggested that perhaps the amendment to the Zoning Ordinance needed to be in a form that would allow for an exception. Commissioner Jonathan explained that if he understood Commissioner Finerty's point, if there was a minimum room size of 375 (which was the current ordinance requirement) if a hotel met that the Commission would not be having this discussion because then the average room size would be 375 or more. That was probably something they could live with. Commissioner Finerty concurred. Commissioner Jonathan suggested that what might be bothering her and maybe other commissioners were that once they go down on that minimum, then to compensate they needed to go up on the average to insure that they were offsetting larger rooms that make the overall room square footage equivalent. Mr. Drell explained that the ordinance 22 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21 , 1998 requires that. Every room that is 45 feet below 375 would require a room that is 45 feet above 375 to achieve the average of 375. By definition they were achieving that, but the amendment would allow a more flexible mix. Every room that Mr. Swank builds at 330 square feet, he had to produce another one that at 410 square feet. Commissioner Jonathan stated that he understood that and indicated that Mr. Drell was clarifying the point that he was making which was that if every room was at 375 that complied. If an applicant wanted to build a room at 350 square feet, there had to be an offsetting room at 400. They would end up with an average room size that is the same because there had to be compensation for the smaller rooms with a proportionately larger room. On the other hand, he felt it was wise to set an overall minimum, whether that was 330 or 350 because they could end up with a 100 square foot room. He felt the issues were if the Commission was comfortable with: 1 ) an average size of 375; and 2) 330 as an absolute minimum for any single/individual room. Commissioner Finerty asked if staff knew the size of the rooms at Embassy Suites. Mr. Smith said they were around 475. Mr. Drell noted that it is a suite hotel. Commissioner Finerty asked if staff said that the Marriott was 375. Mr. Drell thought their typical room size was very close to 375 because they made sure that they didn't exclude the Marriott and felt it was within a few feet of 375. He said larger rooms were created by having a double room. Chairperson Campbell asked if it was the same for the Holiday Inn and Vacation Inn. Mr. Drell explained that those were built about that time and were built to that minimum, 375. Commissioner Jonathan stated that he concurred with Commissioner Finerty in regards to the restaurant. He would want it to come back through the Planning Commission hearing process. In his individual opinion, if what the city received as a specific application was what they were seeing now in terms of traffic, circulation, garbage and the type of user that the applicant described, he thought that would be a hands down type of process. The applicant stated that he didn't have a problem with that so he would like that additional condition. Regarding room size, he felt that there were several committees that have addressed this many times and he was not particularly opposed to the additional flexibility to afford an applicant smaller room sizes as long as they were offset with correspondingly larger rooms that would average out to 375. He felt that they would be accomplishing what they all want and that the math worked. He didn't have a problem with that, but he expressed a problem with the air conditioning as proposed. He noted that there were a few hotels in Palm Desert that didn't have that type of air 23 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21 , 1998 conditioning and they have a few that do. Vacation Inn across from Embassy Suites has exterior air conditioning and he felt it was ugly and he has seen too many of those kinds of units where they start out the same color, but after the first rains there were water stain lines and after a summer or two there was discoloration compared to the rest of the building and they became ugly very quickly in his opinion. However, he stated that he was open to being convinced that they are the better option. He was absolutely unconvinced and took umbrage to anyone telling the Commission that this is the only option. He felt very pressured by that kind of statement and hoped they would not be subjected to it very often in the future. He noted that a cooperative applicant knows that there are all sorts of options. In his mind, not the least of which was if they can't do it efficiently with a three-story building, then they should go to a two-story building and if that didn't work, they could locate somewhere else. He didn't have a problem with any of those options because for this city, before they put up any hotel, it had to be the right hotel and had to work for the rest of the citizens, the neighbors and our community and if it didn't, then it wasn't a win-win situation and was not meant to be. Having said that, he again reiterated that he was open to being convinced that the exterior air conditioning would be appropriate, wouldn't be unsightly in a year, two years, five years, ten years or 30 years, and that indeed the other options didn't make sense. Other hotels of similar size have done it and he has stayed at many of them and they found a way to make it cost effective. If that was no longer the case, then he was open to being convinced, but until then he had grave concerns about the air-conditioning system as proposed. Commissioner Beaty said he was in agreement with the restaurant issue and would like to see it at Planning Commission as a public hearing item. He felt the height was compensated by the setbacks. He noted that staff indicated they visited the Residence Inn to see the air-conditioning units and Mr. Smith said that they were difficult to locate. Mr. Smith clarified that it was the Courtyard he was referring to. Commissioner Beaty concurred, noting that it was the proposed Courtyard that would have that type unit and he was not concerned about that. He stated that he was very pleased that the Marriott is interested and he was sure the city would end up with a quality product. Commissioner Fernandez stated that he was also in favor of the project and once the project was developed, especially for those concerned, he felt they would be able to see the quality. He also wanted to have the restaurant come to the Planning Commission for approval. As far as the air-conditioning units, 24 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21 , 1998 he was in favor of conserving energy but felt Commissioner Jonathan raised a good point, especially with the desert weather, but he was sure that the Marriott would stay on top of that with their standards. He felt it was a great project and was open for ideas toward the air conditioning, but he felt energy conservation was important here in the desert. Chairperson Campbell stated that she was also in favor of the project and she didn't have any problems with a room average of 375 square feet. As far as the air conditioners, she was sure that the picture in front of them was a recent one which showed the wall unit and she felt it was in good condition. She asked when the hotel in Palm Springs was built. Mr. Smith replied three or four years ago. Chairperson Campbell didn't feel they were unsightly and as Mr. Swank explained, other types of air conditioning would have to be farther away from any of the buildings and then people would probably complain about the noise. She also wanted to have the restaurant come back to Planning Commission. She felt the Architectural Review Commission would do a very good job, but it should come before Planning Commission. Chairperson Campbell stated that she was all for the project and felt it would be a great addition to the desert. She asked for a motion. Action: 1 . It was moved by Commissioner Beaty, seconded by Commissioner Jonathan, approving the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Beaty, seconded by Commissioner Jonathan, adopting Planning Commission Resolution No. 1856, recommending to the City Council approval of an amendment to the Zoning Ordinance as it relates to minimum hotel guest room size (Case No. ZOA 98-2). Motion carried 5-0. 2. It was moved by Chairperson Campbell, seconded by Commissioner Finerty, approving the findings as presented by staff. Motion carried 4-1 (Commissioner Jonathan voted no). Mr. Smith clarified that the motion for the resolution would be to recommend approval to City Council and he also suggested the deletion of Community Development Condition No. 14 relative to the restricted hours on the restaurant and suggested replacement language to the effect that "the future freestanding restaurant on the corner be processed through the precise plan process (public hearing through Planning Commission) and architectural review 25 MINUTES PALM DESERT PLANNING COMMISSION . APRIL 21 , 1998 process". Chairperson Campbell asked for clarification that adoption of the resolution would recommend approval of the building height to council, or if the Commission would just be referring the matter to council. Mr. Drell explained that the Commission was making a recommendation relative to the plan before the Commission. Mr. Smith clarified that if the Commission adopted the resolution as stipulated, the action would be a recommendation in favor of the proposed building height. It was moved by Chairperson Campbell, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1857, recommending to City Council approval of PP/CUP 98-2, subject to conditions as amended, and a building height exception pursuant to Municipal Code Section 25.24.310 of City policy. Under discussion to the motion, Commissioner Jonathan stated that he wanted the record to reflect that he is very much in favor of the project and felt the Marriott would be an excellent management company and the city would end up with a fine product. The only reason for his opposition was that he thought they were moving a little fast. It is a huge project and he would have liked to have seen a little more study with regard to the air-conditioning matter, although he stood ready to be convinced. He was not sure it was the least attractive option, but he hadn't been convinced that there weren't better options. That was the only reason for his objection. Chairperson Campbell called for the vote. Motion carried 4-1 (Commissioner Jonathan voted no). IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. CIVIC CENTER STEERING COMMITTEE - (No meeting) B. DESERT WILLOW COMMITTEE - (April 14 and April 21 , 1998) 1 . Commissioner Finerty informed Commission that on April 14 there was a presentation by Mr. Swank regarding the Courtyard and Residence Inn. 26