HomeMy WebLinkAboutDA 98-1 Amnd 1 - Shadow Rdige - Marriott ORDINANCE NO. 1320
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: CONSIDERATION OF ORDINANCE NO. 1320 , APPROVING
AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT 98-1 (DA 98-1)
FOR MARRIOTT SHADOW RIDGE LOCATED AT 9003 SHADOW RIDGE
ROAD THUS EXTENDING THE TERM BY 10 YEARS THROUGH
DECEMBER 10, 2030
SUBMITTED BY: Heather Buck, Assistant Planner
APPLICANT: Marriott Ownership Resorts, Inc.
6649 Westwood Boulevard, Suite 500
Orlando, Florida 32821
CASE NO: DA 98-1, Amendment No. 1
DATE: March 23, 2017
ATTACHMENTS: 1. City Council Ordinance No. 1320
2. Planning Commission Resolution No. 2689
3. DA 98-1, Amendment No. 1
4. Legal Notice
5. Notice of Action for DA 98-1 through December 10, 2020
6. Request for Extension of Term to DA 98-1
7. Proposed Development Timeline
8. Planning Commission Resolution No. 1889 (Adoption of MND)
Recommendation
Waive further reading and adopt City Council Ordinance No. 1320 , upholding
Planning Commission Resolution No. 2689, and approving Amendment No. 1 to
Development Agreement 98-1 (DA 98-1) thus extending the term by 10 years
through December 10, 2030.
Strategic Plan
The extension of the Development Agreement will support Strategic Plan Economic
Development Priority No. 4 to expand and raise awareness of business-friendly services in order
to retain and attract business.
Staff Report
Case No. DA 98-1, Amendment No. 1 Marriott Shadow Ridge
Page 2 of 3
March 23, 2017
Planning Commission
The Planning Commission, at their meeting of February 21, 2017, did consider Development
Agreement Amendment No. 1 to DA 98-1 to extend the term by 10 years through December 10,
2030. The Planning Commission adopted Resolution No. 2689 recommending approval of the
applicant's request by a 5-0 vote.
Background
The project site (approximately 306 acres) is located on the east side of Monterey Avenue
between Frank Sinatra Drive and Gerald Ford Drive. On December 10, 1998, the City Council
adopted Ordinance No. 888 approving DA 98-1 for Marriott Shadow Ridge, a timeshare project
with approximately 1,200 timeshare units.
The original agreement term was for 20 years, expiring on December 10, 2018. On February
17, 2015,the Planning Commission approved a two-year term extension through December 20,
2020 (Notice of Action attached).
Protect Description
The applicant has requested a 10-year term extension to DA 98-1 through December 10, 2030
(attached). To date, Marriott Ownership Resorts, Inc. (MORI) has developed eight phases of the
project consisting of 569 villas. MORI is entitled to develop an additional 430 villas with
associated amenities and parking. The term of the existing agreement is due to expire in three
years, and MORI does not anticipate completion of the remaining villas within this timeline.
MORI is currently working on the design and permitting Phase 9A. Construction of this phase is
anticipated to be completed by 2021. The remaining phases (Proposed Development Timeline,
attached) are expected to be completed by December 2030.
Analysis
The action to extend the term due to the downturn in the economy is consistent with actions
taken by the City of Palm Desert for similar timeshare developments. The City of Palm Desert
currently receives Weekly Facilities Fees for the use of each timeshare interest sold, rather than
based on a pre-determined aggressive timeshare build out schedule. Again, this is consistent
with development agreements for similar product types.
A. Findings of Approval:
Findings can be made in support of the project, and in accordance with the City's Municipal
Code. Findings in support of this project are contained in the Ordinance attached to this staff
report.
G-\Planning\Heather Buck\Case Files\DA\DA 98-1 Amend 1 Marriott Shadow Ridge-Time Extension\CC\2017-03-23 CC-Staff Report Marriott Shadow Ridge.doc
Staff Report
Case No. DA 98-1, Amendment No. 1 Marriott Shadow Ridge
Page 3 of 3
March 23, 2017
Summary
Staff supports the recommendation of the Planning Commission to recommend approval of
Amendment No. 1 to DA 98-1, extending the term by 10 years through December 10, 2030.
Environmental Review
The City of Palm Desert adopted a Mitigated Negative Declaration in 1998 when the project was
originally approved (Planning Commission Resolution No. 1889, attached). The action to extend
the Development Agreement will only extend the term of the build-out, and will not change any
environmental impacts. Therefore, no additional California Environmental Quality Act (CEQA)
review is required.
Submitted By:
/56_ae._..---
Heather Buck, Assistant Planner
Department Head:
Ryan Stendell, Director of Community Development
City Manager:
Lauri Aylaian, City Manager
G:\Planning`.Heather Buck\Case Fdes\DA\DA 98-1 Amend 1 Marriott Shadow Ridge-Time Extension\CC\2017-03-23 CC-Staff Report Marriott Shadow Ridge doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO A
DEVELOPMENT AGREEMENT FOR MARRIOTT SHADOW RIDGE (DA 98-
1) LOCATED AT 9003 SHADOW RIDGE ROAD
CASE NO: DA 98-1, Amendment No. 1
WHEREAS, the precise plan for the Marriott Shadow Ridge project was originally
approved subject to conditions by the City Council on November 12, 1998, pursuant to
Resolution No. 98-108; and
WHEREAS, the original project approval was processed pursuant to a Mitigated
Negative Declaration of Environmental Impact, which was certified November 12, 1998;
and
WHEREAS, the City Council did, at their meeting on December 10, 1998,
approve Development Agreement DA 98-1 (adopted as Ordinance No. 888) with
Marriott Ownership Resorts, Inc. for Marriott Shadow Ridge, a timeshare project; and
WHEREAS, the Planning Commission did, at their meeting on February 17,
2015, approve a two-year term extension for DA 98-1 through December 2020; and
WHEREAS, the Planning Commission did, at their meeting on February 21,
2017, hold a duly noticed public hearing to consider the request for approval of an
extension to DA 98-1, Amendment No. 1 to extend the development agreement term
through December 10, 2030, and did recommend approval of said request to the City
Council by its Resolution No. 2689; 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. 2015-75, in that the action to extend the Development Agreement will
only extend the term of the build-out and will not extend any environmental impacts and
is not subject to further environmental review; and
WHEREAS, at said public hearing on the 23rd day of March 2017, City Council
heard and considered all testimony and arguments of interested persons regarding the
request by Marriott Ownership Resorts, Inc., for approval of the DA 98-1, Amendment
No. 1 ; and
NOW, THEREFORE, BE IT ORDAINED 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 for
approval of the City Council in this case.
2. That DA 98-1 Exhibit "A" attached hereto is hereby approved.
ORDINANCE NO.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on this 23' day of March 2017, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAN C. HARNIK, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
2
PLANNING COMMISSION RESOLUTION NO. 2689
*OW* A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO A DEVELOPMENT AGREEMENT FOR MARRIOTT
SHADOW RIDGE (DA 98-1) LOCATED AT 9003 SHADOW RIDGE ROAD
CASE NO: DA 98-1, Amendment No. 1
WHEREAS, the precise plan for the Marriott Shadow Ridge project was originally
approved subject to conditions by the City Council on November 12. 1998, pursuant to
Resolution No. 98-108; and
WHEREAS, the original project approval was processed pursuant to a Mitigated
Negative Declaration of Environmental Impact, which was certified November 12, 1998:
and
WHEREAS, the City Council did, at their meeting on December 10, 1998,
approve Development Agreement DA 98-1 (adopted as Ordinance No. 888) with
Marriott Ownership Resorts, Inc. for Marriott Shadow Ridge, a timeshare project; and
WHEREAS, the Planning Commission did, at their meeting on February 17,
2015. approve a two-year term extension for DA 98-1 through December 2020; and
WHEREAS, the current application is a request to extend the Development
"" Agreement term for an additional 10 years; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 21st day of February, 2017, hold a duly noticed public hearing to consider the
request by Marriott Ownership Resorts, Inc., for approval of the above noted; and
WHEREAS, the action to extend the Development Agreement will only extend
the term of the build-out and will not extend any environmental impacts; therefore, no
additional CEQA review is required.
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 for
approval of the Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of
Development Agreement DA 98-1, Amendment No. 1.
PLANNING COMMISSION RESOLUTION NO. 2689
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California. at its regular meeting held on this 21sL day of February 2017,
by the following vote, to wit: .
AYES: DE LUNA, HOLT, GREENWOOD, GREGORY, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
.//*(1 -67/1
NANCY DELUN , CHAIRPERSON
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
2
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert. CA 92260
Attn: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from Recording Fees pursuant to California Government Code Section 6103.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT DA 98-1 ("First
Amendment") is made and entered into as of the_day of 2017 (the "Effective
Date"). by and between the CITY OF PALM DESERT. a municipal corporation ("City") and
MARRIOTT OWNERSHIP RESORTS. INC., a Delaware corporation ("Developer") and is
made with reference to the background facts and circumstances set forth in the Recitals below.
RECITALS
A. On December 10. 1998. the City and Developer did enter into Development
Agreement DA 98-1 (adopted as Ordinance No. 888) ("Development Agreement") for Marriott
Shadow Ridge. a timeshare development:
B. On February 17. 2015. the Planning Commission did approve a t\yo-year term
extension for DA 98-1 through December 2020. That extension was not memorialized in an
amendment to the Development Agreement;
C. As acknowledged in Section 7.4 of DA 98-1, it was difficult to "predict when or
the rate at which phases of the Property will be developed" and that "such decisions depend upon
numerous factors which are not within the control of the Developer, such as market orientation
and demand, interest rates. absorption completion and other similar factors:-
D. Due to the unprecedented and unanticipated economic conditions facing the
country, further development of the Marriott Shadow Ridge property has not occurred as
originally contemplated:
E. City and Developer agree that continued development of the Marriott Shadow
Ridge property is in the best interests of City and the Developer;
F. City and Developer now desire to amend DA 98-1 as it applies to Section 5
(Term) to extend the term for an additional 10 years through December 2030;
NOW THEREFORE, in consideration of the above recitals and of the mutual covenants
contained herein. the parties hereto agree as follows:
72500 000 1\295719 -I-
012
1. Term. Section 5 ("Term") of the Development agreement is amended to provide
that the Development Agreement shall expire on December 10. 2030. subject to earlier
termination or extension as provided in the Development Agreement. All other provisions of the
Development Agreement shall remain in the same.
IN WITNESS WHEREOF the parties hereto have entered into this First Amendment as
of the date and year first above written.
Developer
MARRIOTT OWNERSHIP RESORTS. INC.
a Delaware corporation
By:
Print Name:
Title:
City
CITY OF PALM DESERT
By:
Jan C. Ilarnik. Mayor
Attest:
Rachelle D. Klassen. City Clerk
City of Palm Desert
Approved as to Form:
By:
Robert W. Hargreaves, City Attorney
City of Palm Desert
72500 0001 1v295719 -2-
01 2
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of
On before me,
Date Here Insert Name and Title of the Officer
Personally appeared
(Names of signers)
Who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY
under the laws of the State of California
that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature of Notary Public
72500 00011\295719 -3-
012
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. DA 98-1 AMENDMENT NO. 1
NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT CITY COUNCIL FOR
APPROVAL OF AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR MARRIOTT
SHADOW RIDGE LOCATED AT 9003 SHADOW RIDGE ROAD
The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the
California Environmental Quality Act (CEQA), adopted a Mitigated Negative Declaration in 1998
when the project was originally approved. The action to extend the Development Agreement
(DA) will only extend the term of the build-out, and will not change any environmental impacts.
Therefore, no additional CEQA review is required.
Project Location/ Description:
Project Location: 9003 Shadow Ridge Road
Project Description: The applicant is requesting approval of a first amendment to DA 98-1 as it
relates to the entitlement timeline. The change will extend the term of the DA by 10 years. The
project entitlement is currently set to expire in 2020. The 10-year amendment will extend the
term of the DA to December 10, 2030.
Planning Commission Recommendation: The City of Palm Desert Planning Commission
reviewed DA 98-1, Amendment No. 1 and supporting documents at their meeting on February
21, 2017. The Planning Commission voted in favor (5-0) recommending approval of the
amendment to the DA to the City Council.
Recommendation: Staff is recommending that the City Council uphold the Planning
Commission's decision, and adopt an ordinance approving the amendment to the development
agreement.
Public Hearing: The public hearing will be held before the City Council on March 23, 2017, at
4:00 pm.
Public Review: The DA and related documents are available for public review daily at City Hall.
Please submit written comments to the Planning Department. If any group challenges the action
in court, the issues raised may be limited to only those issues raised at the public hearing
described in this notice or in written correspondence at, or prior to the City Council hearing. All
comments and any questions should be directed to:
Heather Buck, Assistant Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611
hbuck@cityofpalmdesert.org
PUBLISH: DESERT SUN RACHELLE D. KLASSEN
March 11, 2017 Palm Desert City Clerk
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k3 PALM 1)FsERT, CAI!FORMA 9226O-25
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PLANNING COMMISSION MEETING
NOTICE OF ACTION
February 18, 2015
Marriott Vacations Worldwide
6649 Westwood Boulevard
Orlando, Florida 32821
Subject: Consideration of a Two-Year Extension for Term Development
Agreement 98-1 for Marriott Shadow Ridge
The Planning Commission of the City of Palm Desert considered your request and took
the following action at its regular meeting of February 17, 2015:
The Planning Commission approved the extension (until December 10,
2020) for Case No. TT 28818. Motion carried by a 5-0 vote.
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
Lauri Aylaian, Secretary
Palm Desert Planning Commission
cc: File
Building & Safety Department
Public Works Department
Fire Marshal
City of Palm Desert
t •ti £i 2 2016
. .
•
R,,Hu I?i ,•
. it
October 21, 2016
Mr. Ryan Stendell City Clerk
Director of Community Development City of Palm Desert
City of Palm Desert 73-510 Fred Waring Drive
73-510 Fred Waring Drive Palm Desert, CA 92260-2578
Palm Desert, CA 92260-2578
Subject: Request For Extension Of"Term" — Development Agreement 98-1
Dear Mr. Stendell:
As you are aware, the City of Palm Desert and Marriott Ownership Resorts, Inc.
("MORI") entered into that certain Development Agreement ("DA") dated December 10. 1998
providing for the development of Marriott's Shadow Ridge resort (the "Project"). Terms not
otherwise defined herein shall have the meaning ascribed to them in the DA. Taking into
account the initial extension to the DA approved by the Planning Commission, the DA will
expire on December 10, 2020. The Planning Commission's approval of the extension was
memorialized by Notice of Action dated February 18, 2015 wherein the Planning Commission
approved the extension for case No.TT 28818.
l'o date, or over the last seventeen (17) years, MORI has developed eight (8) phases of
the Project consisting of 569 Villas. However, pursuant to the DA, MORI is entitled to develop
an additional 430 Villas with associated amenities, functional areas and parking. As the Tenn of
the DA is due to expire in four (4) years, it is obvious that the development of the remainder of
the Project would not be feasible prior to such expiration.
As acknowledged in section 7.4 of the DA, it was difficult to "predict when or the rate at
which phases of the Property will be developed" and that '`such decisions depend upon numerous
factors which are not within the control of the Developer, such as market orientation and
demand, interest rates, absorption completion and other similar factors." In this case, the erratic
and unstable economic and market fluctuation/orientation, unpredictable demand and absorption
rates and many other business factors impacted commencement and completion of subsequent
phases and extended our anticipated build-out of the Project.
Accordingly, and as anticipated by section 7.4 of the DA, MORI is hereby requesting that
the City of Palm Desert provide MORI an extension to the current "Term" of'the DA through
and including December 10, 2030. In support of such request, representative of MORI would be
honored to meet with representatives from the City of Palm Desert to discuss details regarding
our build-out of this world-class Project.
We appreciate your consideration and look forward to hearing from you.
Sincerely,
Brett R. Sutherland
VP Development Management
Marriott Ownership Resorts, Inc.
MARRIOTT'S SHADOW RIDGE RESORT
PROPOSED PRELIMINARY' DEVELOPMENT TIMELINE
Pursuant to 10 Year Extension for Term Development Agreement 98-1
Phase Building Occupancy # of Units
9A Buildings 4600, 4700 Dec-21 58
9B Buildings 4800, 4900 Dec-22 48
10A Buildings 6100, 6300 Dec-25 70
10B Buildings 6000, 6200 Dec-26 54
11A Buildings 6500, 6600 Dec-28 54
11B Buildings 6400, 6900, 7000 Dec-29 92
11C Buildings 7100, 7200 Dec-30 54
'MORI reserves the right to resequence,modify or affect the timing of the Preliminary Development Timeline
from time to time and to the extent deemed necessary or desirable within the requested/granted Development
"Term"Extension.
PLANNING COMMISSION RESOLUTION NO. 1889
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL
APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF
lam
ENVIRONMENTAL IMPACT, A REVISED PRECISE PLAN OF DESIGN,
CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP TO ALLOW
DEVELOPMENT OF A 999 UNIT TIMESHARE RESORT AND AN
EXCEPTION TO THE BUILDING HEIGHT LIMIT IN THE PR (PLANNED
RESIDENTIAL) ZONE TO BE LOCATED ON THE EAST SIDE OF
MONTEREY AVENUE BETWEEN FRANK SINATRA DRIVE AND GERALD
FORD DRIVE.
CASE NOS. PP!CUP 98-5 (REVISED) AND TT 28818 (REVISED).
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of August, 1998, hold a duly noticed public hearing to consider the request
by MARRIOTT OWNERSHIP RESORT, INC., for the above mentioned project; 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. 97-18, Director of Community Development has determined that the project as
mitigated will not have a significant impact on the environment and a Negative Declaration
has been prepared; and
lamWHEREAS, 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 recommending approval of said
revised precise plan, conditional use permit, and tentative tract map:
PRECISE PLAN
1 . The design of the precise plan will not substantially depreciate property values
nor be materially injurious to properties or improvements in the vicinity.
2. The precise plan will not unreasonably interfere with the use or enjoyment of
property in the vicinity by the occupants thereof for lawful purposes.
3. The precise plan will not endanger the public peace, health, safety, or general
welfare.
CONDITIONAL USE
1 . That the proposed location of the conditional use is in accord with the
objectives of the Palm Desert Zoning Ordinance and the purpose of the district
in which the site is located.
PLANNING COMMISSION RESOLUTION NO. 1889
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 .nr
improvements in the vicinity.
3. That the proposed conditional use will comply with each of the applicable
provisions of the Palm Desert Zoning Ordinance, except for approved
variances, adjustments and exceptions.
4. That the proposed conditional use complies with the goals, objectives, and
policies of the city's general plan.
5. The proposed timeshare resort will operate "in conjunction with" the Desert
Springs Marriott Resort, a hotel operating in the City of Palm Desert having
more than 500 rooms.
6. The proposed timeshare resort will be located within an eighteen hole golf
course of not less than six thousand four hundred (6,400) yards.
TENTATIVE TRACT MAP
1 . That the proposed tentative map is consistent with applicable general and
immt
specific plans.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
3. That the site is physically suitable for the type of development.
4. That the site is physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
6. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
7. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision.
8. The design will allow unrestricted solar access to all lots.
2
PLANNING COMMISSION RESOLUTION NO. 1889
WHEREAS, in the review of this tentative tract map the planning commission has
considered the effect of the contemplated action on the housing needs of the region for
low
purposes of balancing these needs against the public service needs of the residents of the
City of Palm Desert and its environs, with available fiscal and environmental resources.
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. That Revised Precise Plan/Conditional Use Permit 98-5 is hereby recommended
for approval to the City Council, subject to the attached conditions, Exhibit A.
3. That the Planning Commission does hereby recommend approval of the above
described Revised Tentative Map No. 28818 on file in the Department of
Community Development, subject to the attached conditions.
4. That the Planning Commission recommends to the City Council that the
maximum height of the three story buildings shall be 36 feet, subject to the
conditions relating to setbacks.
5. That a Negative Declaration of Environmental Impact, Exhibit B attached, is
recommended for certification.
6. That the recommendation of approval granted pursuant to Planning
Commission Resolution No. 1860 is hereby rescinded.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 18th day of August, 1998, by the following vote, to wit:
AYES: FINERTY, CAMPBELL
NOES: JONATHAN
ABSENT: FERNANDEZ
ABSTAIN: BEATY •i
)7/
/SONIA M. CAMPBELL, Chairperson
iWQ,()
PHILIP DRELL, ecretary
Palm Desert Planning Commission
glow
PLANNING COMMISSION RESOLUTION NO. 1889
EXHIBIT A
CONDITIONS OF APPROVAL mod
CASE NOS. PP/CUP 98-5 REVISED AND TT 28818 REVISED
Department of Community Development:
1 . The development of the property shall conform substantially with revised exhibits on
file with the Department of Community Development, as modified by the following
conditions.
2. That the final map or portion thereof shall be recorded within two years from the date
of approval unless an extension of time is granted; otherwise, said approval shall
become null, void and of no effect whatsoever.
3. The development of the property described herein shall be subject to the restrictions
and limitations set forth herein which are in addition to all municipal ordinances and
state and federal statutes now in force, or which hereafter may be in force.
4. Prior to issuance of a building permit for construction of any use contemplated by this
approval, the applicant shall first obtain permits and/or clearance from the following
agencies:
Coachella Valley Water District
Palm Desert Architectural Commission
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented to
the department of building and safety at the time of issuance of a building permit for
the use contemplated herewith.
5. All future occupants of the buildings shall comply with parking requirements of the
ordinance.
6. Marketing practices shall not include street solicitation.
7. Advertising shall strictly adhere to Palm Desert's Zoning Ordinance Chapter 25.68
pertaining to signage.
i
j
4
PLANNING COMMISSION RESOLUTION NO. 1889
8. Access to trash/service areas shall be placed so as not to conflict with parking areas.
Said placement shall be approved by applicable trash company and Department of
"' Community Development.
9. Should the applicant/owner choose to create an illuminated parking lot(s) or illuminate
the building exteriors, a detailed parking lot and/or building lighting plan shall be
submitted for staff approval, subject to applicable lighting standards, plans to be
prepared by a qualified lighting engineer.
10. All sidewalk plans shall be reviewed and approved by the Department of Public Works
prior to Architectural Review Commission review of final landscape plan.
11 . Project is subject to Art in Public Places program per Palm Desert Municipal Code
Chapter 4.10.
12. Final landscape plans shall comply with the parking lot tree planting master plan.
13. 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, other matter,
9- P 9 among
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.
14. The project shall be subject to all applicable fees at time of issuance of permits
including, but not limited to, Art in Public Places, TUMF and school mitigation fees
and low income housing mitigation fee.
15. That the site grading plan be designed to lower the site at least two (2) feet in the
area west and northwest of the homes on Drexell Drive. Said two (2) foot lowering
of the site shall be relative to the existing grade in the area where the buildings are
to be located or relative to the existing grade in the rear yards of the homes on the
west side of Drexel) Drive, whichever provides the greater protection to the views
from the homes on the west side of Drexel) Drive.
16. That all mitigation measures contained in the traffic study dated May 14, 1998,
prepared by Nickerson, Diercks and Associates shall be conditions of this approval.
5
PLANNING COMMISSION RESOLUTION NO. 1889
17. That the design of the east end of the buildings nearest the homes on Drexell Drive
shall not include windows or balconies facing east.
18. That the golf course, clubhouse, and sales center be constructed as part of phase 1 .
19. That the three story buildings shall not exceed 36 feet in height and shall be setback
a minimum of 340 feet from the residential property lines adjacent to the K & B
development.
20. That the perimeter fence design include wrought iron openings to create view
corridors into the golf course.
21 . That the parking for the timeshare units shall be at a ratio of 1 .5 spaces per unit with
at least one space per unit covered.
22. That the design of the maintenance building include sufficient parking on site for all
employees of that facility.
23. That any conversion of the project or any unit within the project to other than
timeshare or transient tourist use must first obtain approval by the City in
consultation with the Palm Springs Unified School District or such school district
which is serving the property at that time. j
Department of Public Works:
1 . Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and
Ordinance No. 653 shall be paid prior to recordation of the final map.
2. Any drainage facility construction required for this project 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. The project shall
be designed to retain stormwaters associated with the increase in developed vs.
undeveloped condition for a 100 year storm.
3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and
79-55, shall be paid prior to issuance of any permits associated with this project. The
costs associated with the installation of new traffic signal and modification of
existing signal systems for this project may be used as a credit against the subject
signalization fees. Such a credit would be subject to approval by the Palm Desert
City Council.
4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of grading/building permit issuance.
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PLANNING COMMISSION RESOLUTION NO. 1889
5. 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
Ii" issuance of a grading permit.
6. Complete tract map shall be submitted as required by ordinance to the Director of
Public Works for checking and approval prior to the issuance of any permits
associated with this project.
7. As required under Palm Desert Municipal Code Section 26.28, and in accordance with
Sections 26.40 and 26.44, complete improvement plans and specifications shall be
submitted to the Director of Public Works for checking and approval before
construction of any improvements is commenced. Offsite improvement plans to be
approved by the Public Works Department and a surety posted to guarantee the
installation of required offsite improvements prior to permit issuance.
8. All public and private improvements shall be inspected by the Department of Public
Works and a standard inspection fee shall be paid prior to issuance of grading
permits.
9. In accordance with the Circulation Network of the Palm Desert General Plan,
installation of landscaped median island in Monterey Avenue from Gerald Ford Drive
south to a point southerly of the mid-section line of Section 32 shall be provided. In
`ow addition, applicant shall provide for the installation of landscape improvements within
the existing median islands in Frank Sinatra Drive and Gerald Ford Drive. Landscape
shall be drought tolerant in nature.
10. Landscape installation on the property frontages shall be drought tolerant in nature
and maintenance shall be provided by the property owner. Landscaping maintenance
for the proposed median island improvements shall be provided through a landscape
and lighting maintenance district. Applicant shall be responsible for the formation of
said district.
11 . Full public improvements, as required by Sections 26.40 and 26.44 of the Palm
Desert Municipal Code, shall be installed in accordance with applicable City
standards. In addition to the above noted items, those traffic impact mitigation
measures identified in the project Traffic Impact Analysis prepared by Nickerson,
Diercks & Associates/Valley Research and Planing Associates shall be provided. The
subject report and proposed mitigation measures shall be approved by the Public
Works Department. Residential street sections shall be as shown on the tentative
tract map with a minimum width of thirty-two feet. Rights-of-way as may be
necessary for the construction of required public improvements shall be provided on
the Tract Map.
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PLANNING COMMISSION RESOLUTION NO. 1889
12. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive
Dust Control as well as Section 24.20, Stormwater Management and Discharge
usgi
Control.
13. 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.
14. In accordance with Palm Desert Municipal Code Section 26.44, complete grading
plans/site improvement plans and specifications shall be submitted to the Director of
Public Works for checking and approval prior to issuance of any permits.
15. Traffic safety striping on Monterey Avenue, Gerald Ford Drive and Frank Sinatra Drive
and the proposed residential streets shall be provided to the specifications of the
Director of Public Works. A traffic control plan must be submitted to, and approved
by, the Director of Public Works prior to the placement of any pavement markings.
16. Proposed building pad elevations are subject to review and modification in accordance
with Chapter 27 of the Palm Desert Municipal Code.
17. As required under Sections 26.32 and 26.40 of the Palm Desert Municipal Code, all
existing overhead utilities shall be placed underground per the respective utility
district recommendation. J
18. Waiver of access rights to Monterey Avenue, Frank Sinatra Drive and Gerald Ford
Drive except at approved locations shall be granted on the Tract Map.
19. Prior to start of construction, the applicant shall submit satisfactory evidence to the
Director of Public Works of intended compliance with the National Pollutant Discharge
Elimination (NPDES) General Permit (Permit # CAS000002) for storm water
discharges associated with construction.
20. All project access points shall provide for acceleration and deceleration lanes.
Existing medians on Frank Sinatra Drive and Gerald Ford Drive shall be modified to
provide for full project ingress/egress.
ti
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PLANNING COMMISSION RESOLUTION NO. 1889
Riverside County Fire Department:
oift, 1 . With respect to the conditions of approval regarding the above referenced plan check,
the Fire Department recommends the following fire protection measures be provided
in accordance with City Municipal Codes, appropriate NFPA standards, CFC, CBC,
and/or recognized fire protection standards.
The Fire Department is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per California Fire Code Sec. 10.401 .
2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure
must be available before any combustible materials are placed on the job site.
3. Provide, or show there exists, a water system capable of providing a potential 2500
for multifamily and 3000 for commercial structure. The actual fire flow available
from any one hydrant connected to any given water main shall be 1500 gpm for two
hours duration at 20 psi residual operating pressure.
4. The required fire flow shall be available from a Super hydrant(s) (6"x4"x2 Y/" x 21/2"),
located not less than 25' or more than 165 feet from multifamily and 150 feet
commercial from any portion of the building(s) as measured along approved vehicular
travelways. Hydrants installed below 3000 feet elevation shall be of the "wet barrel"
." type.
5. Prior to the application for a building permit, the developer shall furnish the original
and two copies of the water system plan to the County Fire Department for review.
No building permit shall be issued until the water system plan has been approved by
the County Fire Chief. Upon approval, the original will be returned. One copy will
be sent to the responsible inspecting authority.
6. Comply with Title 24 of the California Code of Regulations, adopted January 1 ,
1990, for all occupancies.
7. Install a complete fire sprinkler system per NFPA 13 R. The post indicator valve and
fire department connection shall be located to the front, not less than 25' from the
building and within 50' of an approved hydrant. This applies to all buildings with
3000 square feet or more building area as measured by the building footprint,
including overhangs which are sprinklered per NFPA 13. The building area of
additional floors is added in for a cumulative total. Exempted are one and two family
dwellings.
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PLANNING COMMISSION RESOLUTION NO. 1889
OTHER:
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NFPA 13R plus special provisions of fire sprinklers in attics and protect exit ways on
second floor.
8. Install a fire alarm (water flow) as required by the Uniform Building Code 3803 for
sprinkler system. Install tamper alarms on all supply and control valves for sprinkler
systems.
9. Certain designated areas will be required to be maintained as fire lanes and shall be
clearly marked by painting and/or signs approved by the Fire Marshal.
10. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire Code.
Minimum requirement is UL central station monitoring of sprinkler system per NFPA
71 and 72. Alarm plans are required for all UL central station monitored systems,
systems where any interior devices are required or used. (U.F.C. 14-103(a))
1 1 . Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A1OBC
in rating. Fire extinguishers must not be over 75' walking distance. In addition to
the above, a 40BC fire extinguisher is required for commercial kitchens.
12. All buildings shall be accessible by an all-weather roadway extending to within 1 50'
of all portions of the exterior walls of the first story. The roadway shall be not less
than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel
parking is allowed, the roadway shall be 36' wide with parking on both sides, 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). Fountains
or garden islands placed in the middle of these turn-arounds shall not exceed a 5'
radius or 10' diameter. City standards may be more restrictive.
1 3. Whenever access into private property is controlled through use of gates, barriers,
guard houses or similar means, provision shall be made to facilitate access by
emergency vehicles in a manner approved by the Fire Department. All controlled
access devices that are power operated shall have a Knox Box over-ride system
capable of opening the gate when activated by a special key locate din emergency
vehicles. Devices shall be equipped with backup power facilities to operate in the
even of power failure. All controlled access devices that are not power operated shall
also be approved by the Fire Department. Minimum opening width shall be 1 6' with
a minimum vertical clearance of 13'6".
14. A dead end single access over 500' in length will require a secondary access,
sprinklers or other mitigative measure approved by the Fire Marshal. Under no
circumstances shall a single dead end access over 1300 feet be accepted. ,rj
10
PLANNING COMMISSION RESOLUTION NO. 1889
15. A second access is required. This can be accomplished by two main access points
from main roadway or an emergency gated access into an adjoining development.
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16. Contact the Fire Department for a final inspection prior to occupancy.
17. All new residences/dwellings are required to have illuminated residential addresses
meeting both City and Fire Department approval. Shake shingle roofs are no longer
permitted in the cities of Indian Wells, Rancho Mirage or Palm Desert.
18. Commercial buildings shall have illuminated addresses of a size approved by the city.
19. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately for approval prior to construction. Subcontractors should
contact the Fire Marshal's office for submittal requirements.
11
PLANNING COMMISSION RESOLUTION NO. 1889
i
Ila
EXHIBIT B
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
MITIGATED NEGATIVE DECLARATION
CASE NOS: PP/CUP 98-5 Revised and TT 28818 Revised
APPLICANT/PROJECT SPONSOR: Marriott Ownership Resort, Inc.
PROJECT DESCRIPTION/LOCATION: An 18-hole golf course, 999 unit timeshare resort and
amenities on 306± acres on the east side of Monterey Avenue between Frank Sinatra Drive
and Gerald Ford Drive.
The Director of the Department of Community Development, City of Palm Desert, California,
has found that the described project will not have a significant effect on the environment. vigi
A copy of the Initial Study has been attached to document the reasons in support of this
finding. Mitigation measures, if any, included in the project to avoid potentially significant
effects, may also be found attached.
0 /
• uau :, 1998
PHILIP DREL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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