HomeMy WebLinkAboutRes No 2802 PLANNING COMMISSION RESOLUTION NO. 2802
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY
COUNCIL TO AMEND THE DSRT SURF SPECIFIC PLAN, PRECISE PLAN,
AND TENTATIVE TRACT MAP
CASE NOS. SP 18-0002/PP 18-0009/TTM 36379 AMENDMENTS NO. 1
WHEREAS, on February 4, 2021, Desert Wave Ventures, LLC, submitted an
application for the DSRT SURF Project ("DSRT SURF" or "Project") for the development of a
5.5-acre surf lagoon and surf center facilities, 92 hotel rooms, 83 residential units, circulation,
parking, and landscaping constructed on 17.69 acres of vacant land within the Desert Willow
Golf Resort, and an off-site parking location in close proximity, inclusive of amendments to
the approved Specific Plan (SP 18-0002), Precise Plan (PP 18-0002), and Tentative Tract
Map 36379; and
WHEREAS, the Project site has an existing General Plan designation of Resort and
Entertainment to the Palm Desert General Plan and a current zoning designation of DSRT
SURF Specific Plan (DSSP) pursuant to the adopted Specific Plan 18-0002 approved by City
Council on November 14, 2019, by Resolution No. 2019-82; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the
State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm
Desert's ("City's") Local CEQA Guidelines, the City is the lead agency for the proposed
Project; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act
(CEQA), the State Guidelines for Implementation of CEQA (State CEQA Guidelines) and the
City of Palm Desert CEQA Implementation Requirements, an Environmental Impact Report
(EIR), SCH# 2019011044 (EA 18-0002) and an accompanying Mitigation Monitoring and
Reporting Program (MMRP), were previously adopted by City Council on November 14, 2019,
for the DSSP by Resolution No. 2019-83; and,
WHEREAS, in 2021, an addendum to the EIR was provided and determined that the
required findings on the Project did not prompt an update to the EIR pursuant to CEQA
Guidelines Section 15164; and
WHEREAS, on April 27, 2021, the Architectural Review Commission (ARC) of the City
of Palm Desert, California, held a meeting to consider the Project and approved by
recommendation to the Planning Commission, the architecture, landscape, and site plan with
conditions by minute motion; and
WHEREAS, as contained herein, the Planning Commission has endeavored in good
faith to set forth the basis for its recommendation on the Project; and
WHEREAS, all of the findings, recommendations, and conclusions made by the
Planning Commission pursuant to this Resolution are based upon the oral and written
evidence presented to it as a whole and not based solely on the information provided in this
Resolution; and
PLANNING COMMISSION RESOLUTION NO. 2802
WHEREAS, on December 21, 2021, the Planning Commission conducted a duly
noticed public hearing on this Resolution, at which time all persons wishing to testify were
heard, and DSRT SURF was fully considered; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
SECTION 1. The Planning Commission hereby finds that the foregoing recitals are true
and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. State CEQA Guidelines section 15164 requires lead agencies to prepare
an addendum to a previously certified EIR if some changes or additions to the Project are
necessary, but none of the conditions requiring preparation of a subsequent EIR are
present. The Planning Commission has reviewed and considered the 2019 EIR and the 2021
Addendum and finds that these documents taken together contain a complete and accurate
reporting of all the potential environmental impacts associated with the DSRT SURF
Project. The Planning Commission further finds that the 2021 Addendum has been completed
in compliance with CEQA and the State CEQA Guidelines. The Planning Commission further
finds and determines that the Addendum reflects the City's independent judgment.
SECTION 3. Based on the substantial evidence set forth in the record, including but not
limited to the 2019 EIR and the 2021 Addendum, the Planning Commission finds that an
addendum is an appropriate document for disclosing the changes to the DSRT SURF Project
and that none of the conditions identified in Public Resources Code section 21166 and State
CEQA Guidelines section 15162 requiring subsequent environmental review have occurred,
because:
1. The amended DSRT SURF Project does not constitute a substantial change that
would require major revisions of the 2019 EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified significant effects.
2. There is not a substantial change with respect to the circumstances under which the
DSRT SURF Project will be developed that would require major revisions of the 2019
EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of the previously identified significant effects.
3. New information of substantial importance has not been presented that was not
known and could not have been known with the exercise of reasonable diligence at
the time the 2019 EIR was certified or adopted, showing any of the following: (i) that
the modifications would have one or more significant effects not discussed in the
earlier environmental documentation; (ii) that significant effects previously examined
would be substantially more severe than shown in the earlier environmental
documentation; (iii) that mitigation measures or alternatives previously found not to
be feasible would, in fact, be feasible and would substantially reduce one or more
significant effects, but the applicant declined to adopt such measures; or (iv) that
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PLANNING COMMISSION RESOLUTION NO. 2802
mitigation measures or alternatives considerably different from those analyzed
previously would substantially reduce one or more significant effects on the
environment, but which the applicant declined to adopt.
SECTION 4. The Planning Commission recommends that the City Council readopt
those mitigation measures identified in the 2019 EIR applicable to the DSRT SURF Project and
as detailed specifically in the Mitigation Monitoring and Reporting Program ("MMRP") prepared
for the Addendum, attached to the Addendum at Appendix A, and attached hereto as Exhibit A.
SECTION 5. The Planning Commission recommends that the City Council approve and
adopt the Addendum, attached hereto as Exhibit B.
SECTION 6. The 2019 EIR and the 2021 Addendum, and any other documents and
materials that constitute the record of proceedings upon which these findings have been based
are on file and available for public review at Palm Desert City Hall, 73510 Fred Waring Drive,
Palm Desert, California 92260. The custodian of these records is Norma I Alley, the City Clerk
of the City.
SECTION 7. Findings for Recommended Approval of Specific Plan.
1. The DSRT SURF Specific Plan, as proposed, is consistent with the goals and
policies of the Palm Desert General Plan, including that the Project provides a
unique resort destination and sports facility consistent with the intent of the Resort
and Entertainment District. On November 14, 2019, the City Council approved
DSRT SURF Specific Plan (SP 18-0002) by Resolution 2019-82 governing the
land uses, development standards, and design guidelines for the site and
determining that the specific plan demonstrated compatibility of the applicable
goals, policies and programs contained in the General Plan. The General Plan land
use designation of Resort and Entertainment District allows development for
entertainment and resort destination uses, drawing visitors to the site. The
amendment to the specific plan includes operational function changes and
revisions to the development standards, none of which increases the density or
intensity of the Project. The compatibility of the General Plan established in the
original approval of the Project remains unchanged.
2. The proposed DSRT SURF Specific Plan is not detrimental to the health, safety,
or general welfare, or will be materially injurious to the surrounding properties or
improvements in the City of Palm Desert. The amendment to the DSRT SURF
Specific Plan is suitable and appropriate for the location, access, and topography
for development because the intent of Desert Willow is to provide resort-style
development. The site has been previously mass graded and identified for future
resort-style development, all infrastructure to support the Project is nearby and
improvements to infrastructure to support the Project are feasible, and access to
the site has been studied and is deemed sufficient to support the Project.
3. The amendments to the DSRT SURF Specific Plan are compatible with the zoning
of adjacent properties and ensures development of desirable character is
harmonious with surrounding properties because the intent of Desert Willow is to
provide a resort-style development. The Project was approved with a density of 15
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PLANNING COMMISSION RESOLUTION NO. 2802
dwelling units per acre (maximum 88 residential units), the amendment to the
DSRT SURF Specific Plan does not change the density nor the intensity of the
Project. In fact, the construction of the Project will only contain 83 residential units,
which is under the maximum allowed. In addition, the approved specific plan allows
for a 350-room hotel, and the Project will construct only a 92-room hotel. The new
structures incorporate compatible and integrated architecture, materials and
colors, and are not visually obstructive or disharmonious with surrounding areas,
or harm major views from adjacent properties. The grading design would not result
in any manufactured slopes or pads that create any significant adverse visual or
compatibility impacts with adjacent lots, nor block any significant views. The
Project is supported by adequate public facilities and transportation systems and
is a compatible use, type, and intensity with the surrounding areas.
SECTION 8. Findings for Recommended Approval of Tentative Map.
1. That the density of the proposed subdivision is consistent with applicable general
and specific plans.
The amendment to the Project is consistent with the goals, objectives, and policies
of the Palm Desert General Plan ("General Plan"). The General Plan land use
designation is Resort and Entertain District that allows development for
entertainment and resort destination uses, drawing visitors to the site. General
Plan Land Use Policy 4.1 encourages unique resort complexes within the city. The
Project is a resort destination attraction of a surf lagoon with residential ownership
units that complement the Project. The subdivision includes 17.69 acres into five
(5) parcels, each to accommodate its respective uses, including the surf lagoon,
hotel and surf center, stack flats including the clubhouse, and villas that are
consistent with the General Plan.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The amendment to the Project and its design and improvements are consistent
with the General Plan and comply with the development standards of the Specific
Plan. In addition, the lots accommodate the building pads, internal and external
streets, drainage, utilities, and adequate access from Desert Willow.
3. That the site is physically suitable for the type of development.
The site is physically suitable for the type of development for the Project. The
Project is a resort development that is physically suitable for the site and is
consistent with the intent of the specific plan and compatible with the surrounding
uses, which include a golf course, amenities as well as existing resort-style
residential units. The Project site is a 17.69-acre site; the parcel is adequate to
accommodate the 5.5-acre surf lagoon, surf center and facilities, hotel, and
residential units with adequate access and roadways, infrastructure, utilities, and
drainage facilities.
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PLANNING COMMISSION RESOLUTION NO. 2802
4. That the site is physically suitable for the proposed density of development.
The site is physically suitable for the density allowance of 15 units per acre as
specified in the DSRT SURF Specific Plan resulting in 88 residential units. The
Project amendments include 83 units which are less than the maximum density
and comply with the applicable development standards of the specific plan making
it suitable for the site.
5. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and unavoidably injure
fish or wildlife or their habitat.
The amended design of the subdivision or the improvements contemplated for the
Project are not likely to cause substantial environmental damage or substantially
and avoidably injure fish or wildlife or their habitat. The certified Environmental
Impact Report (EIR), SCH# 2019011044, addresses the environmental impacts
associated with the Project, including those impacts that could cause substantial
environmental damage. There are no known fish, wildlife habitats, or other
endangered species on the subject site. No environmental impacts are identified
which substantially and avoidably injure fish, wildlife, or their habitat.
6. That the design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The amended design of the subdivision or type of improvements for the Project
are not likely to cause serious public health problems. The conditions of approval
ensure all common area structures, landscaping, sidewalks, parking lot surfacing,
and all other improvements within the Project must be continually maintained in
good condition and repair, all dead or dying landscape material must be replaced
with new landscape material, and a security construction plan must be submitted.
Compliance with these conditions will prevent the subdivision and its
improvements from causing any public health problems for those that enter the
development. Storm drainage, sanitary sewer, water, streets, and all utilities are
available to the site and have the capacity to accommodate the Project. The
subdivision has been designed so the parcels have the necessary infrastructure to
adequately serve the development, and all uses as allowed by the zoning
ordinances that regulate the Project.
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 planned subdivision.
The amended design or type of improvements will not conflict with easements
acquired by the public at large for access through or use of the property within the
subdivision. Public utilities for electricity, water, sewer, telecommunications, and
gas service have all been assessed for availability. The access points to the
Project have been reviewed and approved by the Fire Department and Public
Works as part of the overall Project includes easements for roadways, drainage
facilities, and utilities that will be recorded in the final map. There are no known
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PLANNING COMMISSION RESOLUTION NO. 2802
public easements traversing the subject site that would be adversely affected by
the Project.
SECTION 9. Findings for Recommended Approval of Design Review(Palm Desert
Municipal Code Section 25.68.040.
1. That the proposed development conforms to any legally adopted development
standards.
The DSRT SURF Specific Plan has land use allowances inclusive of a maximum
of the six-acre lagoon, 35,000 square feet surf center, 350 rooms for a hotel, 88
residential units, a clubhouse of 3,125 square feet, and 15,000 square feet for
maintenance and equipment buildings. The amendment to the DSRT SURF
Specific Plan includes height maximums of 50 feet for buildings and an additional
15 feet to accommodate architectural features and related roof equipment and
apparatus. The Project includes a 5.5-acre lagoon, a 7,263-square-foot surf center
(26 feet in height), a four-story, 92-room hotel (55 feet in height), 83 residential
units (ranging from 26 feet and 6 inches to 37 feet and 9 inches), 1,494-square-
foot clubhouse (24 feet 6 inches in height), and 4,909 square feet of maintenance
buildings (15 feet in height). The land uses and heights specified above are all
within the allowances of the DSRT SURF Specific Plan. The building lot coverage
maximum is 50 percent; the project site proposes 19.9 percent, which is within the
required allowance. The setback requirements for the commercial component and
residential components meet the minimum setback requirements of the DSRT
SURF Specific Plan. The Desert Mid-Century Modern architecture theme is
continuous throughout the site with varying architectural elements and high-quality
materials, including the incorporation of indoor and outdoor spaces that meets the
architecture characteristics required by the DSRT SURF Specific Plan. The on-site
parking, including the podium parking within the hotel and integrated garages for
the residential units, provides for the 443 required parking spaces. In addition, Lot
E will be improved to include approximately 288 parking spaces, which will have
valet services to the Project. The Project proposes all landscape remain as low
water usage desert landscaping for the entirety of the Project, including the
perimeter. The Project uses conforms to all the requirements of the DSRT SURF
Specific Plan and all other applicable requirements as conditioned.
2. That the design and location of the proposed development and its relationship to
neighboring existing or proposed developments and traffic is such that it will not
impair the desirability of investment or occupation in the neighborhood; and that it
will not unreasonably interfere with the use and enjoyment of neighboring existing
or proposed developments and that it will not create traffic hazards or congestion.
The amended Project has been designed as a destination point, including a surf
lagoon, surf center and amenities, hotel, and residential units, which are
compatible uses within a resort development. The proposed Project is located
within the Desert Willow Golf Resort, which features a mix of resort development
and existing residential units, including a mixture of timeshares and multifamily
units. The Project includes a DSRT SURF Specific Plan, which regulates land uses
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PLANNING COMMISSION RESOLUTION NO. 2802
and provides development standards to ensure there is continuity of architectural
style and regulation of density and heights of buildings; therefore, does not impair
the desirability of investment. The Environmental Impact Report for the Project
provided a Traffic Impact Analysis that reviewed the traffic impact, including
circulation, traffic hazards, and congestion of the uses and operation of the site,
which resulted in mitigation measures less than significant. No environmental or
traffic concerns were identified that would indicate that development in this area
would be unsuitable. The Project has also implemented a condition of approval for
a parking management plan and improvements to an offsite parking location within
proximity to the site to respond to overflow parking needs.
3. That the design and location of the proposed development is in keeping with the
character of the surrounding neighborhood and is not detrimental to the
harmonious, orderly, and attractive development contemplated by this title and the
General Plan of the City.
The design and location of the amended Project is in keeping with the character of
the surrounding neighborhood and will serve as an additional attraction of the
existing resort development. The Project consists of approximately 18-acres within
an undeveloped area, with connectivity to the Desert Willow Clubhouse that is
adjoining the Project site. The property is designated Resort and Entertainment in
the General Plan, which allows development for a range of entertainment and
resort destination uses for the purpose of drawing visitors to the site, such as
theme parks and sports facilities. The Project includes the high-quality architectural
style, amenities, and more importantly, offers unique opportunities for residential
resort lifestyle and entertainment destinations inclusive of a surf lagoon and hotel,
which will attract visitors and investors to the City.
4. That the design and location of the proposed development would provide a
desirable environment for its occupants, as well as for its neighbors and that it is
aesthetically of good composition, materials, textures, and colors.
The design is a Desert Mid-Century Modern architectural theme, with sustainable
building materials incorporating the natural environment and mid-century styles.
The architectural elements include horizontal and vertical planes, varying rooflines,
shading elements, intuitive and organic wayfinding designs, natural materials, and
blurring lines between indoor and outdoor spaces. The design utilizes high-quality
finishes and materials, including natural elements that provide shade and create
shadow lines, such as building projections, covered walkways, arcades, and other
human-scale elements to reduce the impact of building mass and create visual
interest. The Project includes wave structures at the entry point to create a sense
of arrival. The enclosure of courtyards and balconies are visually permeable where
appropriate and step back on upper floors is utilized to further reduce the visual
impact of building mass and maximize view corridors and viewsheds of the
mountain. The Project site includes the thoughtful creation of public gathering
space to encourage interaction between guests and residents is achieved by both
passive and intentional design. Landscaping utilizes functional seating design
elements throughout the site by the use of low-rise block and/or stone walls that
serve to define landscaped areas while also providing casual seating throughout
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PLANNING COMMISSION RESOLUTION NO. 2802
the property. Open lawn and sandy beach areas in proximity to the lagoon and
pools to encourage guests to create gathering space, reminiscent of an authentic
beach experience. More intentional components of the Project include restaurants
and bars, cabanas, lounge chairs, fire pits, and recreational activity space. The
combination of designed gathering throughout the site and amenities creating
intentional spaces promotes a destination resort atmosphere envisioned for the
Project.
5. That the proposed use conforms to all the requirements of the zone in which it is
located and all other applicable requirements.
The Project uses conforms to all the requirements of the DSRT SURF Specific
Plan and all other applicable requirements. The Project use considers the need for
dedication and improvement of necessary streets and sidewalks, including the
avoidance of traffic congestion, and is designed considering topographical and
drainage conditions, including the need for dedication and improvements of
necessary structures as a part thereof. The Project's environmental assessment
and reviews of City departments and outside city agencies have included
appropriate mitigation measures and conditions of approval.
6. That the overall development of the land shall be designed to ensure the protection
of the public health, safety, and general welfare.
The overall development of the land is designed to ensure Project is consistent
with the General Plan and as analyzed in the DSRT SURF Specific Plan. The
establishment, maintenance, or operation of the Project does not appear to have
any adverse effects that are detrimental or injurious to property and improvements
within the Desert Willow Golf Resort or the general welfare of the City. Therefore,
the overall building design and the requirements imposed ensures the protection
of public health, safety, and general welfare.
SECTION 10. Project Recommendation. The Planning Commission hereby
recommends approval of SP 18-0002 Amendment No. 1, PP 18-0009 Amendment No. 1, TTM
36379 Amendment No. 1, subject to the conditions of approval.
SECTION 11. Custodian of Records. The documents and materials that constitute
the record of proceedings on which these findings are based are located at City Hall at 73510
Fred Waring Drive, Palm Desert, CA 92260. Norma I Alley, the City Clerk, is the custodian of
the record of proceedings.
SECTION 12. Execution of Resolution. The Chairperson of the Planning Commission
will sign this Resolution, and the Secretary to the Commission shall attest and certify to the
passage and adoption thereof.
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PLANNING COMMISSION RESOLUTION NO. 2802
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 21st day of December 2021 by
the following vote, to wit:
AYES: DE LUNA, HOLT, and PRADETTO
NOES: NONE
ABSENT: GREENWOOD and GREGORY
ABSTAIN: NONE
Jj GR NWOO C IR
ATTEST:
MARTIN ALVAREZ, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2802
CONDITIONS OF APPROVAL
CASE NOS. SP 18-0002/PP 18-0009/TTM 36379 AMENDMENTS NO. 1
GENERAL
1. The Applicant shall comply with all terms and conditions as outlined in the amended
Disposition and Development Agreement (DDA) approved by the City Council.
2. Any references to the "Specific Plan" in the Conditions of Approval of Resolution No.
2019-82 shall be replaced with "Amended Specific Plan," and such the amended specific
plan in this resolution shall replace the previous approval.
3. Conditions of Approval approved in Resolution No. 2019-82 by City Council on November
14, 2019, shall remain effective and enforceable unless otherwise stated in this resolution.
4. Mitigation Measures in Exhibit A of Resolution No. 2019-82 shall remain effective and
enforceable unless otherwise stated in this resolution.
SPECIFIC PLAN
5. Applicant shall obtain permission from the Development Services Director to schedule all
turf removal activities in coordination with season operations of the golf course. In
addition, the Applicant is responsible for obtaining approvals from the City for soil
stabilization and any required permits/agreements associated with such activity.
6. Condition of Approval No. 12 of Resolution No. 2019-82 shall be revised to state: All
parcels shall develop in a manner consistent with the development standards contained
in the amended Specific Plan. All other development standards not addressed in the
Specific Plan shall comply with the Palm Desert Municipal Code (PDMC).
7. Condition of Approval No. 19 of Resolution No. 2019-82 shall be revised to state: Special
events, which exceed 1,500 spectators, shall not exceed a maximum site capacity of
5,000 spectators.
8. The Applicant shall complete all improvements for Lot E (off-site parking), which includes
approximately 288 parking spaces, and shall finalize a Parking Management Plan
identifying all traffic control and off-site parking strategies with the Director of
Development Services prior to the Certificate of Occupancy of the hotel building.
TENTATIVE TRACT MAP
9. The Applicant shall record all easements related to Final Map, including but not limited
to reciprocal access easements, shared parking agreements, and maintenance
agreements for all common areas prior to the approval of the Final Map.
10. The Applicant or successor in interest shall submit Covenants, Conditions, and
Restrictions (CC&Rs) in a form acceptable to the City Attorney, for the proposed
subdivision prior to the recordation of the Final Map.
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PLANNING COMMISSION RESOLUTION NO. 2802
11. The Applicant shall include the following: street names, Subdivision Improvement
Agreement, and improvement bonds prior to the approval of the Final Map.
12. The Applicant shall form a property owners association for the maintenance of the
following: 1) all interior and common areas, including landscaping; and 2) maintenance
of all frontage landscaping.
PRECISE PLAN
13. Condition of Approval No. 13 of Resolution No. 2019-82 shall be revised to state: All
development within the amended Specific Plan shall conform to the architectural
renderings provided in the amended Specific Plan and Precise Plan 21-0002 approvals.
Building design deviations are permitted as described in the amended Specific Plan,
which shall conform to the architectural guidelines and colors and materials specified in
the amended Specific Plan.
14. Condition of Approval No. 14 of Resolution No. 2019-82 shall be revised to state: The
development of the property and all buildings pads within the Specific Plan boundaries
shall conform substantially with exhibits approved by the Architectural Review
Commission and its conditions set forth by minute motion on April 27, 2021, held on file
with the Department of Development Services, and as modified by the conditions herein.
15. Condition of Approval No. 47 of Resolution No. 2019-82 is no longer valid since the
Project does not include a gated entry unless the gates are for emergency access. If a
future gate is installed for the Project, the applicant shall secure secondary access onto
Willow Ridge Drive via a gate with Knox locks.
16. The Applicant shall comply with the conditions in the Notice of Action as specified in the
Architectural Review Commission meeting of April 27, 2021.
END OF CONDITIONS OF APPROVAL
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