HomeMy WebLinkAboutRes 98-49 and Ord 872 - CUP 98-2 and ZOA 98-2 SW Corner Cook St and Frank Sinatra Dr. CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Honorable Mayor and City Council
DATE: April 23, 1998
CASE NOS.: PP/CUP 98-2 and ZOA 98-2
REQUEST: Approval of a Conditional Use Permit, Building Height Exception 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
APPLICANT: PDH Associa - L ,UNCIL AM ON*
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Staff Recommendation :'u3STAIN: ._.
Discussion vr,RIFIED BY: ..
Project Description and Analys•is n a wi h C;' C11,,eerk's 0 fice
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Findings Required for Approval o "Conditionl Us Permit
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Environmental Review
Draft Resolution No. 98-49 andOrdinance No. 872
Related maps and/or exhibits
II. STAFF RECOMMENDATION
1 . Waive further reading and pass Ordinance No. 872 amending the
minimum hotel guest room size, to second reading.
2. Adopt Resolution No. 98-49 affirming the Planning Commission's approval
of a conditional use permit, subject to conditions, and approving the building
height exception and parking modification.
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CITY COUNCIL
APRIL 23, 1998
PP/CUP 98-2 & ZOA 98-2
III. DISCUSSION
In 1994, the City had a conceptual land use plan and Environmental Impact Report
prepared covering some 515 acres in an area bounded by Cook Street, Frank
Sinatra Drive, Country Club Drive and Portola Avenue. The EIR anticipated two
hotels totaling 300 units on the property at the southwest corner of Cook Street and
Frank Sinatra Drive.
The conceptual plan was approved and the EIR was certified by the City Council
pursuant to Resolution No. 94-119 which was passed November 16, 1994.
A. SITE DESCRIPTION
The property is a vacant 11.3-acre relatively flat site which is bounded on the north
by Frank Sinatra Drive, on the east by Cook Street, and on the west and south by
Desert Willow Golf Course and a wrought iron fence. The site is zoned PR-5
(Planned Residential - five dwelling units per acre). Hotels and related commercial
uses are a conditional use in the PR zone.
IV. PROJECT DESCRIPTION AND ANALYSIS
The applicant is requesting approval of two hotels and a 6,000 square foot
restaurant on the 11.3-acre site. The project will be presented to the Desert Willow
Committee on Tuesday, April 14, 1998. Staff will report the outcome at the hearing.
A. COURTYARD HOTEL
The three-story, 153-unit Courtyard Marriott is proposed fronting onto Frank Sinatra
Drive toward the west end of the property. The building is the prototypical
Courtyard facility, similar to the existing Courtyard at 1300 East Tahquitz Canyon
Way in Palm Springs.
The hotel is a modified horseshoe shape with a large pool and deck area in the
sheltered area to the south.
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CITY COUNCIL
APRIL 23, 1998
PP/CUP 98-2 & ZOA 98-2
The building height along the Frank Sinatra frontage ranges from 30 feet at the
eave line to 41 feet at the first ridge line to 47 feet along the main ridge line and 55
feet at the center section over the entry area. These roof sections are all hips. At
the front entry, a 20-foot high porte-couchre provides accent and a covered area to
load/unload luggage.
This building is set back 87 feet from Frank Sinatra with the porte-couchre 44 feet
from the property line. The west end of this building is 105 feet from the golf course.
The east end is 300 feet from Cook Street.
Development Standards (Courtyard)
Project Ordinance
Building Height 3 stories/30-41-47-55' 2 stories/241*
Setbacks:
Frank Sinatra 87' - 44' (porte-couchre) 32'
Cook Street 300' 32'
West 105' N/A
South 390' N/A
*Section 25.24.310 provides for exceptions.
The architecture is, as noted previously, the prototypical contemporary Courtyard
design. The Architectural Review Commission granted preliminary approval to the
building subject to increasing the landscape depth on the east and west ends to
mitigate the building height when viewed from the east and west. Also, the future
restaurant on the corner will be located between Cook Street and the Courtyard
Hotel. This will help to lessen the impact of the building height.
The site plan has been revised to provide landscape planters on each end having
a minimum depth of 32 feet. This revision will be presented to the Architectural
Review Commission on April 14, 1998, and staff will report the response at the
hearing.
It should be noted that on the east and west elevations, the height ranges from 42
feet to 55 feet. Staff feels that with the combination of increased setbacks, the
additional landscape depth and planter intensity, and the future freestanding
restaurant, the building height can be recommended for approval pursuant to
Municipal Code Section 25.24.310 "Exceptions."
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CITY COUNCIL
APRIL 23, 1998
PP/CUP 98-2 & ZOA 98-2
B. RESIDENCE INN
The two-story, 130-unit Residence Inn will front on Cook Street toward the
south end of the property. The Residence Inn gatehouse and registration
area is to the center part of the property with a large pool and deck area to
the west. The Residence Inn suites are located in seven buildings. Five of
the unit buildings are spread out along and adjacent to the golf course, while
two buildings are on either side of the pool area.
The registration building faces Cook Street and is a single-story building 19 feet in
height with a porte-couchre in front. The west part of this building becomes two
stories 29 feet in height. The roof system is a series of hips which serves to reduce
the apparent height.
The seven buildings where the suites are located are all two stories and 27 feet in
height.
The Residence Inn registration building is set back 83 feet from the Cook Street
property line and 350 feet from Frank Sinatra and 200 feet from the south property
line. The porte-couchre extends to within 40 feet of the Cook Street property line.
The five buildings adjacent to the golf course have been situated at an angle. The
minimum setback to the fence on the golf course is 15 feet and ranges to as much
as 30 feet on the angle. The easternmost building is adjacent to Cook Street and
has a minimum setback of 40 feet from that property line.
These buildings are slightly in excess of the 24-foot height maximum prescribed in
the PR zone. Staff feels that the exception to the height is warranted for this hotel
complex of buildings due to the increased setbacks and the golf course open space
which surrounds it on two sides.
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CITY COUNCIL
APRIL 23, 1998
PP/CUP 98-2 & ZOA 98-2
Development Standards (Residence Inn)
Project Ordinance
Building Height 2 stories/29' 2 stories/241*
Setbacks:
Cook Street 70-80' 32'
Frank Sinatra 350' 32'
South 15-30' N/A
West 15-30' N/A
*Section 25.24.310 provides for exceptions.
C. RESTAURANT
The applicant is seeking approval of a restaurant of up to 6,000 square feet which
is to be located on the corner. At this time, we do not have building plans. The
intention of the applicant is to locate the building southerly from the corner to keep
a view into the Courtyard Hotel available from the Cook and Frank Sinatra
intersection.
D. ACCESS AND CIRCULATION (TOTAL SITE)
The project has two access points from Frank Sinatra Drive and two from Cook
Street.
The Frank Sinatra access points will both be right turn in/right turn out only.
The northerly access on Cook Street will be right turn in/right turn out only, while the
south access on Cook Street will be right turn in/right turn out, and there will be a
left turn pocket from northbound Cook Street.
On-site traffic circulation includes 24-foot wide driveways with parking on either side
generally located in close proximity to the units.
E. PARKING (TOTAL SITE)
The City requires 1.1 parking spaces per hotel room/suite and parking for the
restaurant.
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CITY COUNCIL
APRIL 23, 1998
PP/CUP 98-2 & ZOA 98-2
The 283-rooms/suites create a parking requirement of 311 spaces. A 6,000 square
foot restaurant has a parking requirement of 75 spaces for a total of 386 spaces.
The revised site plan provides 345 spaces. In other hotel projects, the City has
recognized that many of the restaurant patrons will already be parked as hotel
guests. In the case of Embassy Suites, the Sonoma Grill was granted a 50%
waiver. Parking at Embassy Suites is more than adequate.
Section 24.58.311 B allows the Planning Commission to modify requirements for
uses with a parking requirement greater than one space per 250 square feet. In
modifying such requirements, the Commission should consider:
1. The parking demand generated by said use in relation to other uses in the
area;
2. The hours of operation of said use in relation to the hours of operation of
other uses in the area;
3. The relationship of the type of use to other uses in the area;
4. Any other factor the Commission might deem necessary in making its
decision.
The project includes two hotels and a 6,000 square foot restaurant. The operation
of other similar projects indicates that many hotel guests are also patrons of the
restaurant. This relationship between the hotel use and the restaurant warrants a
parking modification
Staff feels that 345 spaces for this project will be adequate. This represents an
overall parking reduction of 10.6% or a 54.7% reduction on the restaurant. Staff
recommends approval of a parking modification.
F. OTHER ISSUES
The proposal, while consistent with the site plan approved in the 1994 EIR,
is at odds with several of the City's hotel development standards.
Hotel development standards, Section 25.56.500 (copy attached), were established
in 1986 on recommendation of the Year 2000 Commercial Committee to assure
quality hotel projects.
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CITY COUNCIL
APRIL 23, 1998
PP/CUP 98-2 & ZOA 98-2
Subsection "A" requires a minimum guest room size of 375 square feet. The project
includes room/suite sizes which range from 331 square feet to 871 square feet. The
average room size over both hotels will be 466 square feet.
Staff is suggesting that this part of the ordinance be amended to require a minimum
of 330 square feet and maintain an overall average of 375 square feet.
Maintaining an overall average of 375 square feet for the guest units should assure
the quality project which the City desires. This is especially apparent when one
considers that the overall average will be 466 square feet.
Subsection "B" requires that hotels provide a restaurant either within the hotel or
adjacent to it and provide room service.
The project, as designed, provides several restaurants. In the Courtyard hotel, a
full three meal per day restaurant is contained on the first floor. In the Residence
Inn, a buffet room serving breakfast and afternoon hors d'oeuvres is included. On
the corner of the site, a 6,000 square foot multi-purpose restaurant is planned. Staff
feels that this combination of restaurants is adequate to meet the code requirement.
Subsection "C" requires "central air conditioning systems or vertical fan coil systems
or other approved systems. Window or wall installed systems are prohibited."
The applicant indicates that his air conditioning system is a modified state-of-the-art
wall system. This proposed unit extends approximately one inch through the wall
and is shrouded with a painted metal/aluminum slotted vent. Staff viewed these
units at Courtyard Palm Springs and can confirm that they are quiet and not
unattractive (see enclosed color photo). These units will not be visible from a public
street or from the golf course.
The concern of the Year 2000 Committee back in 1986 was to prohibit the typical
ugly through-the-wall units which were popular in the 1960's and 1970's. These
units are vastly different, and staff feels that they should be placed in the "other
approved systems" category.
As noted earlier, the Architectural Review Commission granted preliminary approval
for the building architecture.
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CITY COUNCIL
APRIL 23, 1998
PP/CUP 98-2 & ZOA 98-2
The Architectural Review Commission requested additional landscape area at the
east and west ends of the Courtyard hotel to better mitigate the height of the
building. This extra area has been provided on the revised site plan and will be
presented to the Architectural Review Commission on April 14, 1998. Staff will
report verbally to the Planning Commission regarding the Architectural Review
Commission's action on this issue.
The Architectural Review Commission also requested revision to the landscape plan
to create a better transition between the golf course and the lush lawn area at the
edge of this site.
V. FINDINGS REQUIRED FOR APPROVAL OF CONDITIONAL USE PERMIT
1. That the proposed location of the conditional use is in accord with the
objectives of the zoning ordinance and the purpose of the district in which it
is located.
The property is zoned PR (Planned Residential). Municipal Code Section
25.24.025.D permits "Resort hotel with a maximum eighteen units per gross acre,
approvalof conditional and related commercial uses," subject to appro a a co d onal use permit.
2. That the proposed location of the conditional use and the conditions under
which it will be operated or maintained will not be detrimental to the public
health, safety, or welfare, or be materially injurious to properties or
improvements in the vicinity.
The project, as designed, is attractive and is consistent with the project reviewed in
the 1994 EIR which, among other matters, concluded that such a project would not
be detrimental to the public health, safety, or welfare, or be materially injurious to
the properties or improvements in the vicinity.
3. That the proposed conditional use will comply with each of the applicable
provisions of the zoning ordinance, except for approved variances or
adjustments.
• On-site parking will fall short of the code requirement. The Planning
Commission can approve a parking modification. The uses on the property
are complementary and warrant a parking reduction. Staff recommends a
parking modification be granted.
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CITY COUNCIL
APRIL 23, 1998
PP/CUP 98-2 & ZOA 98-2
The ordinance limits building height to 24 feet, but permits exceptions pursuant to
Municipal Code Section 25.24.310. Pursuant to City policy, height exceptions are
referred to the City Council for review and approval. The Courtyard building is three
stories and a maximum of 55 feet at the entry point. The majority of the roof
structure is 47 feet in height.
The Residence Inn is a two-story building with a maximum height of 29 feet.
As discussed previously, all the buildings exceed the minimum setbacks and extra
deep landscape areas have been designed. These items, along with the degree of
open space provided by the golf course, provide a basis for granting a height
exception pursuant to Section 25.24.310.
Municipal Code Section 25.56.500.A prescribes a minimum hotel guest room size
of 375 square feet. The project includes rooms which range in size from 331 square
feet to 871 square feet. Staff will recommend that the code be amended to
prescribe a minimum guest room size of 330 square feet with an overall average
room size of 375 square feet. The average room size of this project (i.e., both
hotels) is 466 square feet. An average room size this high will assure a quality
project.
4. That the proposed conditional use complies with the goals, objectives and
policies of the City's general plan.
• The zoning is consistent with the land use designation. By approval of this
CUP request, the use will comply with the zoning requirements. As a result,
the facility, if the CUP is approved, will be consistent with the general plan
objectives and policies.
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CITY COUNCIL
APRIL 23, 1998
PP/CUP 98-2 & ZOA 98-2
VI. ENVIRONMENTAL REVIEW
In 1994, an Environmental Impact Report was prepared and certified pursuant to
City Council Resolution No. 94-119. The EIR assigned two hotels totally up to 300
rooms to this site. The project is consistent with that reviewed in the EIR.
Therefore, the project has been previously reviewed for CEQA compliance, and no
further documentation is necessary.
Prepared by ,. (--- .1.,(.1, ''
Steve Smith
Planning Manager
Reviewed and approved by
Philip Drell
Director of Community Development
CITY COUNCIL ACTION:
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CITY COUNCIL RESOLUTION NO. 98-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A REQUEST BY PDH ASSOCIATES,
LLC FOR A CONDITIONAL USE PERMIT TO PERMIT THE
CONSTRUCTION AND OPERATION OF A HOTEL COMPLEX (TWO
HOTELS), A FREESTANDING RESTAURANT, A PARKING
MODIFICATION AND AN EXCEPTION TO THE BUILDING HEIGHT LIMIT
FOR TWO HOTELS ON 11.3 ACRES AT THE SOUTHWEST CORNER OF
COOK STREET AND FRANK SINATRA DRIVE
CASE NO. CUP 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 the request by PDH
ASSOCIATES, LLC for the above project; and
WHEREAS, the Planning Commission has approved the above noted request; 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," in that the project was reviewed as part of an Environmental Impact
Report which was prepared and certified in 1994, pursuant to City Council Resolution No.
94-119, and no further documentation is necessary; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find
the following facts and reasons more fully delineated in the staff report dated April 23, 1998
to exist to justify the granting of said conditional use permit:
1 . That the proposed location of the conditional use is in accord with the
objectives of this title and the purpose of the district in which the site is
located.
2. That the proposed location of the conditional use and the conditions under
which it will be operated and maintained will not be detrimental to the public
health, safety or general welfare, or be materially injurious to properties or
improvements in the vicinity.
3. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for parking, building height and minimum guest
room size as discussed at length in the staff report dated April 23, 1998.
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CITY COUNCIL RESOLUTION NO.98-49
4. That the proposed conditional use complies with the goals, objectives and
policies of the City's adopted general plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the City Council in this case.
2. That Conditional Use Permit 98-2 on file in the Department of Community
Development is hereby approved, subject to conditions (Exhibit A).
3. That the approval of CUP 98-2 includes a parking modification based on
findings described in the staff report dated April 23, 1998.
4. That the height of the two hotels is approved as shown on plans given
preliminary approval by the Architectural Review Commission on March 24,
1998, said plans on file with the Department of Community Development.
PASSED, ADOPTED and APPROVED at a regular meeting of the Palm Desert City
Council, held on this 23rd day of April, 1998, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, MAYOR
ATTEST:
SHEILA GILLIGAN, City Clerk
City of Palm Desert
2
CITY COUNCIL RESOLUTION NO. 98-49
CONDITIONS OF APPROVAL
CASE NO. CUP 98-2
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development/Planning, as modified by the following
conditions.
2. Construction of a portion of said project shall commence within one year from the
date of final approval unless an extension of time is granted; otherwise said
approval shall become null, void and of no effect whatsoever.
3. The development of the property described herein shall be subject to the restrictions
and limitations set forth herein which are in addition to all municipal ordinances and
state and federal statutes now in force, or which hereafter may be in force.
4. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Coachella Valley Water District
Palm Desert Architectural Review Commission
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented
to the Department of Building and Safety at the time of issuance of a building permit
for the use contemplated herewith.
5. 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.
6. The project shall include two hotels with total rooms/suites not exceeding 283
rooms/suites and a freestanding restaurant not to exceed 6,000 gross square feet.
Site plan for said project shall provide a minimum of 345 parking spaces.
7. Should the applicant/owner choose to create an illuminated parking lot or illuminate
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CITY COUNCIL RESOLUTION NO. 98-49
the building exterior, a detailed parking lot and/or building lighting plan shall be
submitted for staff approval, subject to applicable lighting standards, plan to be
prepared by a qualified lighting engineer.
8. All sidewalk plans shall be reviewed and approved by the Department of Public
Works prior to Architectural Review Commission review of final landscape plan.
9. Project is subject to Art in Public Places program per Palm Desert Municipal Code
Chapter 4.10.
10. Final landscape plans shall comply with the parking lot tree planting master plan.
11 . Applicant agrees to maintain the landscaping required to be installed pursuant to
these conditions. Applicant will enter into an agreement to maintain said
landscaping for the life of the project, which agreement shall be notarized and which
agreement shall be recorded. It is the specific intent of the parties that this
condition and agreement run with the land and bind successors and assigns. The
final landscape plan shall include a long-term maintenance program specifying,
among other matters, appropriate watering times, fertilization and pruning for
various times of the year for the specific materials to be planted, as well as periodic
replacement of materials. All to be consistent with the Property Maintenance
Ordinance (Ordinance No. 801) and the approved landscape plan.
12. 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.
13. The approval of Case CUP 98-2 shall not become effective until and unless the City
Council adopts an ordinance amending Municipal Code Section 25.86.500.A and
the City Council approves an exception to the building height pursuant to Municipal
Code Section 25.24.310.
14. The hours of operation of the freestanding restaurant shall be limited to 6:00 a.m.
to 12:00 midnight, seven days per week.
15. All relevant mitigation measures as delineated in the 1994 Environmental Impact
Report shall be conditions of this application.
4
CITY COUNCIL RESOLUTION NO. 98-49
Fire Department:
1 . With respect to the conditions of approval regarding the above referenced plan
check, the Fire Department recommends the following fire protection measures
provided in accordance with City Municipal Code, NFPA, UFC, and UBC 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 Uniform Fire Code Sec. 10.301C.
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 is placed on the job site.
3. Provide, or show there exists a water system capable of providing a potential gallon
per minute flow of 2500 for multifamily, and 3000 for commercial. The actual fire
flow available for any one hydrant connected to any given water main shall be 1500
GPM for two hours duration at 20 PSI residual operating pressure.
4. A combination of on-site and off-site Super fire hydrants (6"x4"x2-1/2"x2-1/2") will
be required, located not less than 25' or more than 165' multifamily, and 150'
commercial from any portion of the building(s) as measured along approved
vehicular travelways. The required fire flow shall be available from any adjacent
hydrant(s) in the system. Hydrants shall be "wet barrel" type.
5. Provide written certification from the appropriate water company having jurisdiction
that hydrant(s) will be installed and will produce the required fire flow, or arrange
field inspection by the Fire Department prior to request for final inspection.
6. Install a complete fire sprinkler system per NFPA 13. 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 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.
7. 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
sprinklers systems.
8. 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.
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CITY COUNCIL RESOLUTION NO. 98-49
9. 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))
10. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than
2A10BC 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.
11 . Install a Hood/Duct automatic fire extinguishing system if operating a commercial
kitchen including, but not limited to, deep fryers, grills, charbroilers or other
appliances which produce grease laden vapors or smoke. NFPA 96,17, 17a.
12. All buildings shall be accessible by an all-weather roadway extending to within 150'
of all portions of the exterior walls of the first story. The roadway shall not be less
than 24' of unobstructed width and 13'6" of vertical clearance.
13. Contact the Fire Department for a final inspection prior to occupancy.
14. Commercial buildings shall have illuminated addresses of a size approved by the
City.
15. 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.
16. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within twelve months.
17. As drawn on mater site plan, Item 12 is not met, and must have vehicular access
between buildings to meet Item No. 12's 150' requirement.
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code
and Palm Desert Ordinance Number 653, shall be paid prior to issuance of a
grading permit.
2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to issuance of a grading permit.
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CITY COUNCIL RESOLUTION NO. 98-49
3. Any storm drain construction associated with 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.
4. 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. All public improvements shall be inspected by the Department of Public
Works and a standard inspection fee shall be paid prior to the issuance of any
permits associated with this project.
5. 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 shall
be reviewed and approved by the Director of Public Works and a surety posted to
guarantee the installation of all required offsite improvements prior to issuance of
a grading permit. Such improvements shall include, but not be limited to, minimum
eight-foot wide concrete sidewalk and installation of appropriate landscape
improvements within the existing Frank Sinatra Drive median island. "As-built" plans
shall be submitted to the Director of Public Works prior to the acceptance of the
improvements by the City.
6. All private driveways and parking lots shall be inspected by the Engineering
Department and a standard inspection fee paid prior to the issuance of a grading
permit.
7. Landscaping maintenance on the Cook Street and Frank Sinatra Drive project
frontages shall be the responsibility of the property owner.
8. In accordance with Palm Desert Municipal Code Chapter 27, complete grading
plans and specifications shall be submitted to the Director of Public Works for
checking and approval prior to the issuance of any permits associated with this
project.
9. Size, number and location of driveways to the specifications of the Department of
Public Works with four driveway approaches serving this property. All access points
shall be limited to right turn ingress and egress only. In addition, the most southerly
access point (Cook Street) may be permitted left turn ingress.
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CITY COUNCIL RESOLUTION NO. 98-49
10. Any and all offsite improvements shall be preceded by the approval of plans by the
Director of Public Works and the issuance of a valet encroachment permit by the
Department of Public Works.
11. A complete preliminary soils investigation, conducted by a registered soils engineer,
shall be submitted to and approved by the Department of Public Works prior to the
issuance of a grading permit.
12. Proposed building pad elevations are subject to review and modification in
accordance with Section 27 of the Palm Desert Municipal Code.
13. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF),
lodging/restaurant classification. Payment of said fees shall be at time of building
permit issuance.
14. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive
Dust Mitigation, as well as Section 24.20, Stormwater and Discharge Control.
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I2556.410
1 25.56.410 Automobile service stations—Wall. 25.56.480 Trash handling alternative.
A six foot masonry wall shall be required along all An alternative to a trash enclosure shall include the
interior property lines and a three-foot-high wall along placement of a trash bin in a concrete or metal lined
I the street.(Ord.98§ 1 (part), 1975:Exhibit A§25.32- pit. Use, location and design of the trash handling
9.01(9)) facility shall be reviewed and approved by the local
disposal service and the city.(Ord.283, 1982)
I 25.56.420 Take-out restaurants.
The site shall be of sufficient size and configuration 2556.490 Expiration dates of application
to satisfy all requirements for off-street parking, set- approvals.
backs,curb cuts,walls,landscaping and refuse storage . Notwithstanding any other provisions of this code
as provided in this title. (Ord. 98 § 1 (part), 1975: related thereto,the anniversary date of any application
Exhibit A§25.32-9.02(1)) approvals shall be tied to the effective approval date of
the tentative tract map as processed for that property.
f 25.56.430 Take-out restaurants—Setbacks. When there is no tentative tract map application in-
1The planning commission may establish setbacks volved with a particular property,the anniversary date
more restrictive than those required by the regulations for determining the expiration of any application ap-
I for the district in which the proposed use would be provals shall be tied to the effective approval date of
located if it determines they are necessary or desirable the most recently approved application.When there is
for the protection of the public health,safety and wel- only an individual application relating to a particular
1 fare or to insure compatibility with uses on contiguous property, then the expiration date of the application
properties.(Ord.98§1(part),1975:Exhibit A§25.32- shall be as set forth in the code relating to that applica-
9.02(2)) tion.(Ord.304(part),1982)
4 25.56.440 Take-out restaurants—Curb cuts. 25.56.500 Hotel development standards.
The size and location of curb cuts for driveways shall All hotel developments shall comply with the follow-
be determined by standards development by the de- ing: .
I partment of environmental services.(Ord.98§1(part), A. The minimum guest room size for any hotel shall
1975:Exhibit A§2532-9.02(3)) be three hundred seventy-five square feet of clear inte-
rior space;
I 25.56.450 Take-out restaurants—Landscaping. B. All hotels shall provide a multi-purpose (three
Not less than twenty percent of the total site area meal) restaurant either within the building itself, at-
shall be devoted to landscaped planting areas.(Ord.98 tached or adjacent to the building,together with room
§1(part),1975:Exhibit A§2532-9.02(4)) service for hotel guests (a continental breakfast may
constitute one of the three meals);
2556.470 Lighting standards in all zones. C. All hotel developments shall utilize central air
Every development occurring in any zone in the city conditioning systems or vertical fan coil systems, or
shall be critically reviewed relative to mitigating any other specifically approved systems. Window or wall
negative impacts from lighting proposed as a part of installed air conditioning systems are prohibited.(Ord.
development.The use of lighted tennis courts and the 459§2, 1986)
use of lights in commercial developments will be par-
ticularly reviewed.(Ord.98§1 (part),1975:Exhibit A
§2532-9.03)
423
, Y
..ECE1VE "''
RIVERSIDE COUNTY MAR 0 3 1998 c,.00RN/,A
° -- �"'� FIRE DEPARTMENT 010.PR'TORf-
-�oop COMMUNITY DEVELOPMENT DEPAR „" ,FINE OifCI,O�Y
l , V 7 IN COOPERATION WITH THE CITY OF PALM DESERT ,T
Y.h.i' COUNTY w�� CALIFORNIA DEPARTMENT OF FORESTRY i
It
' RIVERSIDES,.. ,.., AND FIRE PROTECTION ,. • ''' C
D
GLEN J.NEWMAN ; , DF
FIRE CHIEF • .
RIVERSIDE COUNTY FIRE 210 WEST SAN JACINTO AVENUE
COVE FIRE MARSHAL 3 - 3 - L .5 PERRIS,CALIFORNIA 92370
70-801 HWY 111 TELEPHONE(714)657.3183
RANCHO MIRAGE,CA 92270 _
(619) 346-1870
TO: Sd 61vE 56(tq`(y
REF: Cip lq a
If circled. underlined or noted, condition applies to project
IP 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 Code,
NFPA, UFC, and UBC 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 Uniform Fire
Code Sec. 10. 301C.
OA fire flow of 1500 gpm for a 1 hour duration at 20 psi residual
operating pressure must be available before any combustible material is
placed on the job site.
Provide, or show there exists a water system capable of providing a
potential gallon per minute flow of ter• 2500 for
multifamily, and 3000 for commercial . 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"
x 4" x 2-1/2" x 2-1/2" ) , located not less than 25' nor more than 200'
single family, 165' multifamily, and 150' commercial from any portion
of the building(s) as measured along approved vehicular travelways .
Hydrants installed below 3000' elevation shall be of the "wet barrel"
type.
L- A combination of on-site and off-site Super fire hydrants ( 6"x4"x2-
1/2"x2-1/2" ) will be required, located not less than 25 ' or more than
, 165' multifamily, and 150 ' commercial from any
portion of the building( s) as measured along approved vehicular
travelways. The required fire flow shall be available from any adjacent
hydrant(s) in the system. HyMIgi-S p_�, �`, .'wC7- batma'' 7YPe.
Provide written certification from the appropriate water company having
jurisdiction that hydrant(s) will be installed and will produce the
required fire flow, or arrange field inspection by the Fire Department
prior to request for final inspection.
7. 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.
Plans shall conform to fire hydrant types, location and spacing, and the
system shall meet the fire flow requirements. Plans shall be signed by
a Registered Civil Engineer and may be signed by the local water company
with the following certification: "I certify that the design of the
water system is in accordance with the requirements prescribed by the
Riverside County Fire Department." "System has been designed to provide
a minimum gallon per minute flow of 1500, 2500, 3000. "
8. The required fire flow may be adjusted at a later point in the permit
process to reflect changes in design, construction type, area
separations, or built-in fire protection measures such as a fully fire
sprinklered building.
9. Please be advised the proposed project may not be feasible since the
existing water mains will not meet the required fire flows. Please
check with the water company prior to obtaining an approval from the
Planning or Building Department.
10. Comply with Title 24 of the California Code of Regulations, adopted
January 1, 1990 , for all occupancies.
70 ,Yt. Install a complete fire sprinkler system per NFPA 13 . 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.
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.
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 .
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) )
IO Install portable fire extinguishers per NFPA, Pamphlet #10, but not less
than 2A10BC 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.
g,,ler: Install a Hood/Duct automatic fire extinguishing system if operating a
commercial kitchen including, but not limited to, deep fryers, grills,
charbroilers or other appliances which produce grease laden vapors or
smoke. NFPA 96, 17, 17a.
17. Install a dust collecting system as per the Uniform Building Code,
Section 910a and Uniform Fire Code
Section 76. 102 , if conductin
g an
operation that produces airborne particles. A carpenter or woodworking
shop is considered one of several industrial processes requiring dust
collection.
All buildings shall be accessible by an all-weather roadway extending
to within 150' of all portions of the exterior walls of the first story.
The roadway shall be not less than 24' of unobstructed width and 13' 6"
of vertical clearance. -1----verathtall
olseITT ,nn
mmit- wiue wit.n1. A".,%-filla941011Mpeniximemlijka,e with parking on
- - _ �+ - ith a
- -
ountaih =o .garden--is-1. . . - . _ - - = .-arounds
tandat•s--may •e
m i .
19. The minimum width of interior driveways for multi-family or apartment
complexes shall be:
a. 24 feet wide when serving less than 100 units, no parallel parking,
carports or garages allowed on one side only.
b. 28 feet wide when serving between 100 and 300 units; carports or
garages allowed on both sides, no parallel parking.
c. 32 feet wide when serving over 300 units or when parallel parking
is allowed on one side.
d. 36 feet wide when parallel parking is allowed on both sides .
20. 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 located in emergency vehicles . Devices shall
be equipped with backup power facilities to operate in the event 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 16 ' with a minimum vertical clearance of 13 ' 6" .
21. 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.
22. 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.
fq -2-3: Contact the Fire Department for a final inspection prior to occupancy.
24. This project may require licensing and/or review by State agencies.
Applicant should prepare a letter of intent detailing the proposed usage
to facilitate case review. Contact should be made with the Office of
the State Fire Marshal ( 818-960-6441) for an opinion and a
classification of occupancy type. This information and a copy of the
letter of intent should be submitted to the Fire Department so that
proper requirements may be specified during the review process.
Typically
ypi ally this applies to educational , day care, institutional , health
care, etc.
25. 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.
±;) ,2-e.: Commercial buildings shall have illuminated addresses of a size approved
by the city.
-27:- 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.
9,.71.8-. Conditions subject to change with adoption of new codes, ordinances ,
laws, or when building permits are not obtained within twelve months.
All questions regarding the meaning of these conditions should be referred
to the Fire Department, Coves Fire Marshal , at Phone ( 619) 346-1870 or the
Fire Marshal 's office at 70-801 Highway 111 (Rancho Mirage Fire Station) ,
Rancho Mirage, CA 92270 .
OTHER: VEh,cuLglt
dr
AY WAND bk MAMA Sa-e PLO l 1' AA 12 Is kOT kC&T , M 15 J IAA✓E AfrIcc€s5
6e Gek butLdikGs TQ KLee1- f1PM /25 l50' iVQ,u(66vtczUh
Sincerely,
MIKE HARRIS
Chief
by MIKE MC CONNELL --
Coves Fire Marshal
bbm
To: Steve Smith
From: Senior Deputy, Brent Conley
Re: CUP 98-2
Date: 2-27-98
The Police Department would like to comment on the proposed project. It appears from the site
plan that access to the Residence Inn complex could be accomplished from utilizing the
north/west entrance on Frank Sinatra,thus by-passing the gatehouse into the complex. This
could pose a security problem and should be addressed. Additionally, a de-acceleration lane
should be used to allow safe entrance into the complex from southbound Cook Street.
The complex needs to incorporate clearly marked addressing on the side of each building, facing
the street,to assist arriving emergency vehicles. Rooms should be equipped with dead-bolt
locks, door viewers and preferably of steel construction. A locator board near the entrance into
the Residence Inn would also be of assistance to emergency vehicles. Parking lot lighting
throughout the complex should meet or exceed Palm Desert standard to allow maximum
viewing to prevent unauthorized criminal activity during the nighttime hours.
On a non-police issue, it could be beneficial to allow access into the Desert Willow Golf course
via golf cart or hotel shuttle to discourage additional automotive use to the golf course complex.
If y ave any que ' ns please feel free to contact me at 836-1600.
Brent Conley
Senior Deputy
NtJ ATER
0`•'� ESTABLISHED IN 1918 AS A PUBLIC AGENCY
iSTR1C
COACHELLA VALLEY WATER DISTRICT
POST OFFICE BOX 1058• COACHELLA, CALIFORNIA 92236•TELEPHONE(619)398-2651
DIRECTORS OFFICERS
TELLIS CODEKAS, PRESIDENT THOMAS E.LEVY,GENERAL MANAGER-CHIEF ENGINEER
RAYMOND R. RUMMONDS,VICE PRESIDENT February 26, 1998 BERNARDINE SUTTON,SECRETARY
JOHN W. McFADDEN Y OWEN McCOOK.ASSISTANT GENERAL MANAGER
DOROTHY M. NICHOLS REDWINE AND SHERRILL,ATTORNEYS
THEODORE J. FISH
File: 0163. 1
RECEIVED.
Department of Community Development MAR 1 1 1998
City of Palm Desert
73-510 Fred Waring Drive COMMUNITYCEVELOP�gEVTDEPi;RT ,
Palm Desert, California 92260 CITYOt-PAIMDEESERT
Gentlemen:
Subject: Conditional Use Permit 98-2, Portion of the
Northeast Quarter of Section 4, Township 5
South, Range 6 East, San Bernardino Meridian
This area is designated Zone C on Federal Flood Insurance rate maps which are in
effect at this time.
Drainage from this area is contributory to the Mid-Valley Stormwater Project.
The city shall require mitigation measures to be incorporated into the
development to prevent flooding of the site or downstream properties. These
measures shall include on-site retention of water from the 100-year storm,
dedication of right-of-way for regional flood control facilities or other
participation in the financing of regional flood control facilities.
The district will furnish domestic water and sanitation service to this area in
accordance with the current regulations of this district. These regulations
provide for the payment of certain fees and charges by the subdivider and said
fees and charges are subject to change.
The district requires restaurants to install a grease interceptor, including a
sample box, sanitary tee and running trap with cleanout, prior to any discharge
to its sanitation facilities. The size of the grease interceptor will be
determined by the Riverside County Environmental Health Department and approved
by the district. Installation of the interceptor will be inspected by the
district.
TRUE CONSERVATION
USE WATER WISELY
Department of Community Development -2- February 26, 1998
Plans for grading, landscaping and irrigation systems shall be submitted to the
district for review. This review is for ensuring efficient water management.
If you have any questions please call Dan Farris, principal stormwater engineer,
extension 264.
Yours very truly,
Tom Levy
General Manager-Chief Engineer
cc: Don Park
Riverside County Department
of Public Health
46-209 Oasis Street
Indio, California 92201
TC:dn\eery\ds\cup98-2
COACHELLA VALLEY WATER DISTRICT
William E. Swank, Architect
55 550 Riviera Drive
La Quinta,CA 92253
Tel 760 771-3110
Fax 760 564 2862
Project Description:
Two hotel complex to be built at the SW corner of Cook Street and Frank Sinatra Drive in the City
of Palm Desert,California.
Hotels Include: Courtyard by Marriott, containing 153 guest rooms
Marriott Residence Inn,containing 130 suites
Free standing Restaurant with approximately 170
seats
Land Owner. City of Palm Desert Redevelopment Agency
Owner/Developer. PDH Associates LLC,a Utah limited liability company
Owner's Representative:
William E.Swank,Architect
55 550 Riviera Drive
La Quinta,CA 92253
Tel 760 771-3110
Fax 760 564-2862
Legal Description: Lot 1,Tract Map No.28450 in the City of Palm Desert,County of Riverside,
State of California
Project Architect: William E.Swank,Architect
address as above
See attached list of prime consultants
Additional explanation of"yes"answers on the Environmental Assessment Form.
Item#22 During construction there is a slight chance that additional dust might be created.
The dust will be controlled by mitigation measures to ensure that it does not
adversly affect the project vicinity.
Item#28 Sewer flow will be increased by this project. However the flow was calculated as a
part of the original EIR. So this should not be a problem.
RESOLUTION NO. 94-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, CERTIFYING AN
ENVIRONMENTAL IMPACT REPORT FOR A PROPOSED SECTION
FOUR SITE PLAN BOUNDED BY FRANK SINATRA DRIVE ON
THE NORTH, COOK STREET ON THE EAST, COUNTRY CLUB
DRIVE ON THE SOUTH, AND PORTOLA AVENUE ON THE
WEST.
WHEREAS, the City Council of the City of Palm Desert, California,
did on the 13th day of October, 1994, hold a duly noticed public
hearing to consider the request by the Palm Desert Redevelopment Agency
for certification of an Environmental Impact Report for a proposed
Section Four site plan bounded by Frank Sinatra Drive on the North,
Cook Street on the east, Country Club Drive on the south, and Portola
Avenue on the west: and
WHEREAS, said application has complied with the requirements of
"City City of Palm Desert Procedure for Implementation of the California
Environmental Quality Act, Resolution No. 80-89 , " and a Draft
Environmental Impact Report has been prepared in compliance with CEQA
guidelines as amended; and
WHEREAS, the Palm Desert Planning Commission held a duly noticed
public hearing on the 20th day of September, 1994 , and after reviewing
extensive public testimony, commission by minute motion recommended to
city council certification of the Section Four Environmental Impact
Report; and
WHEREAS, at said public hearing, upon hearing and considering all
tbestny ansaid arguments ,council did find the following facts and reasons to
be heard, city
justify certification:
Environmental Impact Report:
1 . The Environmental Impact Report has been completed in
compliance with CEQA and adequately addresses the impacts and
mitigation measures for the proposed project .
2 . Decisions concerning the future plan will be• the result of
review and consideration of the information contained within
the Final EIR, in addition to written and oral comments .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert, California, as follows :
1 . That the above recitations are true and correct and
constitute the findings of the council in this case.
2 . The City Council of the City of Palm Desert hereby certifies
that the Final Environmental Impact Report (EIR) for the
Section Four North Sphere Project ( "the Project" ) was
_
RESOLUTION NO. 94-119
completed pursuant to the provisions of the California
Environmental Quality Act ( "CEQA" ) and the Guidelines
promulgated with respect thereto. Furthermore, the city
council has independently reviewed and considered the
contents of the EIR prior to deciding whether to certify the
EIR. The city council hereby finds that the EIR reflects the
independent judgment of the city and the city council .
With respect to the potentially significant environmental
impacts identified in the Final EIR, the city council finds
that changes or alterations will be incorporated into any
proposed/future projects, or required, which avoid or
substantially lessen these impacts . All mitigation measures
recommended by the EIR as conditions of future approvals will
be adopted and made conditions of any proposed/future
projects .
3 . The city council has considered the statement of facts and
findings for the Final Environmental Impact Report.
4 . The city council hereby adopts a mitigation monitoring
program, Exhibit A, for the changes to any proposed/future
projects which have been adopted or made a condition of any
proposed/future projects ' approval in Section 2 of this
resolution. The director of community development shall
ensure that all mitigation measures adopted in Section 1 of
this resolution shall be fully implemented and completed. In
addition, approval of subsequent development proposals
pursuant to adoption of the EIR shall include, as a condition
of project approval, all applicable mitigation measures
required by Section 2 of this resolution.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert City Council, held on this 16th day of November, 1994 , by the
following vote, to wit:
AYES: BENSON, KELLY, SNYDER, WILSON, CRITES
NOES : NONE
ABSENT: NONE
ABSTAIN: NONE
e"
J BUFORD A. CRITES, Mayor
ATTEST: ' /
L/`"
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California •
2
25.56.480 Trash handling alternative.
25.56.410 Automobile service stations--Wall- 5 n alternative to a handling
enclosure shall include the
A six foot masonry wall shall be required along all placement of a trash bin in a concrete or metal lined
wall along handling
interior t.(Ord.
and athree-foot-high A§2532- pit. Use, location and design of th trash' the local
the street.(Ord 98§1(part),1975:Exhibit facility shall be reviewed and approved
9.01(9)) disposal service and the city.(Ord.283,1982)
Take-out restaurants• Expiration dates of application
25.56.42025.56.490
The site shall be of sufficient size and configurationapprovals.
to satisfy all requirements for off-street parking, set- Notwithstanding any other this code
walls,landscaping and refuse storage dte provisions any of this code
backs,curb cuts, art 1975: related thereto,the anniversary date of
as provided in this title. (Ord. 98 § 1 (part), approvals shall be tied to the effective approval
ation
the tentative tract map as processed for that property.
Exhibit A§25.32-9.02(1)) application ro-
ts--Setbacks. When there is no tentative tract mapaappcatio date
2556.430hplanning Take-out out commission ran volved with a particular property, application anniversary ate
The may establish setbacks for determining the expiration of any pp
the regulations approval date of
p-
more the district than those required proosee use would be provals shall be tied to the effective a p
for if ittet in which the are nee to a articular
determines they necessary or desirable the most recently approved application.When there is
f
located if health,safety onlyan individual application relating P
forare the protection of the bublicwith uses on contiguous property, then the expiration date of the application
compatibilityshall be asset forth in the code relating to that applica-
9.02(2))pro ao to insure.(Ord. P art 1975:Exhibit A§25.32- 1982)
properties. 98§1(p ), lion.(Ord.304(part),
restaurants--Curb cuts. 2556500 Hotel development standethe follow-
be Take-out o f curb cuts All hotel developments shall comply
The size and location of curb for driveways shall guest room size for any hotel shall
determined r standards device .(Ord.t
by t(partt),e- mgpA. The minimum gu square feet ofo clear sall
1975: environmental services. be three hundred seventy-se1975:Exhibit A§2532-9.02(3)) inte-
rior space; three
ts—IBdscaping. B. All hotels shall provide a multi-purpose (helf, at-
shalle
2556.4 less Take-dot ran restaurant either within the building
percent of the total site area inched or adjacent to the building,together with room
Not ethan to enty
areas.(Ord.98 a devoted to Exhibit Aped planting
service for hotel guests (a continental breakfast may
§ 1 (part), 1975: §2532 9.02(4)) constitute one of the three meals);
Lighting standards in all zones. C. All hotel developments shall utilize central airt
2556.470 op conditioning systems or vertical fan-coil systems,
in anyzone in the city approved systems. Window or wall
Every development occurringothers specifically pP
shall be critically reviewed relative to mitigating any installed air conditioning systems are prohibited.
hibited.(Ord.
negative impacts from lighting proposed as a part of 459 § 2, 1986)
development.The use of lighted tennis courts and the
use of lights in commercial developments will be par-
ticularly reviewed.(Ord.98§1(part),1975:Exhibit A
§2532-9.03)
1
I423
MITIGATION MEASURES AS DELINEATED IN 1994 EIR
Hydrology and Flood Control Mitigation Measures
Prior to grading plan approval, the applicant shall retain a qualified drainage consultant to
prepare a drainage plan which shall be submitted for approval to Coachella Valley Water
District (CVWD) and the City. At a minimum, the drainage plan shall demonstrate the
following:
• within Zone 2, the increment in flows from undeveloped to developed conditions
resulting from the 100-year storm is retained on-site.
• within Zone 3, the entire 100-year storm is retained on-site.
• all flows leaving the site do so in a manner consistent with the City's Master Plan
of Drainage.
• consultation with the golf course architect regarding the potential for chemicals in
runoff from the golf course has been documented.
• the potential for chemicals in runoff from the golf course is addressed by use of
efficient drainage systems and use of wetland areas to retain flows prior to their
leaving the site or percolating into the underlying soils.
• runoff from areas developed in urban uses is routed through the golf course and
into wetland areas.
• the drainage plan is consistent with the City's NPDES program.
1
• amount of fees payable is identified.
• flow rates are appropriate for the hydraulic slopes proposed.
• fluvial erosion due to construction is controlled under a construction erosion control
program.
• basins are designed to capture eroded sediments and contain them on-site.
Geology Mitigation Measures
Habitable structures shall be designed to mitigate the impacts of ground shaking, according
to UBC or more stringent guidelines. Managers of project components shall ensure that
objects on shelves are adequately secured. A geotechnical engineering report shall be
prepared to address the physical properties of on-site soils and provide recommendations
to aid in foundation design. Structures shall be set a minimum of 40 feet away and 5 feet
above all lakes, and lake embankments shall be constructed no steeper than 3:1 horizontal
to vertical to mitigate seiching. OSHA and CAL OSHA requirements shall be implemented
during excavations of utility trenches. A detailed grading plan which contains the following
components shall be submitted to the City for review: conformance with Chapters 29 and
70 of the UBC and City ordinances; cut and fill slopes to be no steeper than 2:1 horizontal
to vertical in building pad areas, but steeper in golf course features if erosion is not
increased; cut and fill to be balanced on site; streets to have a minimum grade of 0.5%;
angular graded forms discouraged in favor of natural appearing forms; the grading plan to
2
adhere to the requirements of the geotechnical report; use of water in excess of the
optimum moisture defined in the geotechnical report to achieve minimum relative
compaction; contouring and landscaping techniques which prevent and control slope
erosion due to rainfall; a wind erosion control plan; lakes to be lined to retain water but
allow percolation during major storms.
Biology Mitigation Measures
The developer shall pay the requirement development fees as described in the 1986
Coachella Valley Fringe-toed Lizard Habitat Conservation Plan and Endangered Species
Act Section 10(a) Permit. If the City elects to mitigate impacts on the Coachella Valley milk
vetch, the applicant shall pay $30,000.00 to the California Department of Fish and Game
to be applied toward development of a multi-species Habitat Conservation Plan which
includes to Coachella Valley milk vetch.
Cultural Resources
If evidence of subsurface artifacts is found during grading, all grading shall cease and the
contractor shall notify the Community Development Director. A qualified archaeologist
shall review any potential finds and provide recommendations to the City. If further on-site
3
investigation is required, all subsequent recommendations shall conform to Appendix K of
the CEQA Guidelines.
Traffic Mitigation Measures
The applicant shall design the project internal circulation system to include an emergency
service road to the central hotel and conference center. The project shall pay all required
CVAG TUMF fees and shall participate in the appropriate 1-10 interchange Bridge and
RoadwayImprovement Districts. The developer shallprovide Park-N-Ride parkingand
P P
bike trails and lanes. The developer shall prepare a TDM plan consistent with the City's
Ordinance 689. Developers of the Sports Park and championship golf course shall enter
into a joint use agreement with adjacent land owner to provide special event parking;
special event promoters shall obtain a City permit covering off-site parking. The parking
area for the Sports Park shall be redesigned. All unsignalized site egress points shall be
stop sign controlled. The project applicant shall be responsible for constructing or
financing the project share of circulation improvements (freeway interchange
improvements, additional turn lanes and traffic signals) required for 1996 and 2015.
Air Quality Mitigation Measures
4
To minimize construction activity emissions: SCAQMD Rule 403 shall be adhered to,
insuring the clean up of construction related dirt on approach routes to the site; SCAQMD
Rules 1108 and 1108.1 shall be adhered to, prohibiting the use of rapid and medium cure
cutback asphalts as well as organic compounds in emulsified asphalts used during the
construction process; SCAQMD Rules 1113 shall be adhered to, restricting the VOC
content of any architectural coating materials used on-site to a maximum of 2.08 pounds
of VOC per gallon; adequate watering techniques (with reclaimed water if available) shall
be employed to partially mitigate the impact of construction-generated dust particulates;
portions of the project site that are undergoing earth moving operations shall be watered
such that a crust will be formed on the ground surface and then watered again at the end
of the day; vegetative ground cover shall be planted as soon as possible to reduce the
needed to water theseation
amount of open space subject to wind erosion. Irrigation systems
mi
be installedas soon aspossible to maintain the ground cover and minimize
plants shalls
wind erosion of the soil; the project proponent shall comply with all provisions of the Palm
Desert Municipal Code related to construction activities including the development of a
Grading Plan, an Irrigation Plan and a Fugitive Dust Control Plan for submittal and
approval prior to the initiation of grading activities on-site; any construction access roads
shall be paved as soon as possible and cleaned after each work day. The maximum
vehicle speed limit on unpaved roads shall be 15 mph; grading operations shall be
suspended during first and second stage ozone episodes or when winds exceed 30 mph;
any construction equipment using diesel drive internal combustion engines shall use a
diesel fuel with a maximum of 0.05% sulfur and a four degree retard.
5
To reduce construction-related traffic congestion: construction personnel shall be informed
of ridesharing and transit opportunities; construction parking shall be configured to
minimize traffic interference; construction operations affecting off-site roadways shall be
scheduled for off-peak traffic hours and shall minimize obstruction of through-traffic lanes.
To reduce long-term wind erosion impacts: wind breaks and building locations shall be
designed to optimize wind deflection; wind breaks shall be designed to allow debris
removal; phasing shall be planned to minimize wind erosion effects on previously
developed areas.
To reduce long-term operations emissions (by implementing energy conservation
measures and by reducing VMT): building construction shall comply with the energy use
guidelines in Title 24 of the California Administrative Code; the proposed project shall
comply with SCAQMD Regulation XV, the City's TDM Ordinance 689 and any other
relevant wind erosion and blowsand programs; future stationary sources of air pollutants
shall adhere to applicable SCAQMD "Rules and Regulations."
Noise Mitigation Measures
During construction activities on-site, the following short-term acoustic mitigation measures
shall be implemented: construction activities on-site shall take place only during the days
6
and hours specified by City Ordinance; all construction equipment, fixed or mobile, shall
be equipped with properly operating and maintained mufflers; stationary equipment shall
be placed such that emitted noise is directed away from noise sensitive receivers;
stockpiling and vehicle staging areas shall be located as far as practical from noise
sensitive receptors; every effort shall be made to create the greatest distance between
noise sources and sensitive receptors during construction activities.
Site design measures to reduce noise over the long-term shall include: building setbacks
shall be used to reduce intrusive noise levels at retail and office/professional uses; building
setbacks and pad elevations shall be used in conjunction with acoustic berm or berm and
barrier combinations to reduce intrusive noise levels at any timeshare vacation ownership
units located within the 65 CNEL contour adjacent to Portola Avenue prior to the issuance
of building permits; building setbacks shall be used to ensure that all hotel rooms in
Planning Area 11 are located outside the ultimate unattenuated 65 CNEL contours of
adjacent roadways; an earthen berm around the sports park shall provide noise shielding
for any adjacent uses; truck access, parking area design and air conditioning refrigeration
units shall be designed and evaluated at more detailed levels of planning to minimize the
potential for acoustic impacts to adjacent noise sensitive development.
Light and Glare Mitigation Measures
7
A detailed lighting plan shall be reviewed by the Planning Commission. An independent
professional lighting engineer shall review the detailed lighting plan for the Sports Park; his
recommendations for minimizing impacts on surrounding properties shall be incorporated
into the plan prior to the issuance of building permits, ensuring that the net ambient light
level impact on surrounding properties shall be what exists prior to installation of lights.
Glare shields shall be used for the proposed lights. The lighting shall be adjusted as
necessary after installation to eliminate light spill and glare; visors to prevent glare shall be
adjusted based on direct observation from residential viewpoints. Outdoor lighting of
sports events shall be turned off at 11:00 p.m.
Jobs/Housing Mitigation Measures
The various components of the project shall pay the appropriate commercial development
low-income housing mitigation fee as mandated by City Resolution 90-130.
Energy Use Mitigation Measures
See mitigation in Sections 5.5, Traffic; 6.1.4, Electricity; and 6.1.5., Natural Gas.
8
Water Mitigation Measures
If reclaimed water is available and cost effective, applicant shall work with CVWD to ensure
use of tertiary treated reclaimed water for irrigation and proper marking and separation of
reclaimed water lines. Applicant shall prepare detailed, CVWD approved plans for water
system improvements which shall be paid for and implemented prior to building permit
issuance. The applicant shall install water-conservating fixtures, appliances, landscaping
materials and irrigation systems.
Wastewater Mitigation Measures
of sewage treatment
t shall paythe fees required byCVWD to cover the cost se
applicant The9
PP q
facilities to handle project wastewater.
Solid Waste Mitigation Measures
The project shall comply with City Ordinance 612 regarding storage of green waste and
sizing of trash enclosures to accommodate recycling bins. Promoters of any tournament
proposed on the project site shall develop an operations recycling plan, acceptable to the
City's Recycling Coordinator, which calculates the waste to be generated by the event and
9
proposes waste reduction measures.
Electricity Mitigation Measures
Project construction shall be required to comply with Title 24 of the California
Administrative Code. Prior to issuance of occupancy permits, the developer shall contact
SCE and implement all reasonable energy conserving measures in SCE programs. The
developer shall submit written proof that this has been done to the City.
Natural Gas Mitigation Measures
The applicant shall contact SCG to obtain assistance in selectingeffective energy
conservation techniques which shall be implementedprior to issuance of building
P
occupancy permits. The applicant shall submit to the City written proof that this has
occurred. See mitigation in Section 6.1 .4, Electricity, regarding energy conservation in
construction.
Law Enforcement Mitigation Measures
10
The Palm Desert City Manager and Station Commander shall meet annually to assess
police manpower needs related to project development. Promoters of special events at
the Sports Park or championship golf course shall obtain a permit from the City (approved
by the Riverside County Sheriffs Department) based on an application which details
security needs and the mechanism for financing them. The developer of the Sports Park
shall obtain Police Department approval of a plan for control of the sale of alcoholic
beverages, including a design which confines alcohol consumption to a single location.
Fire Mitigation Measures
The developer shall equip any structure over 3,000 square feet with a sprinkler system in
accordance with City Ordinance 666. The developer shall submit evidence to the Riverside
County Fire Department that water mains and fire hydrants are adequate to handle the
required fire flows.
Parks and Recreation Mitigation Measures
None required.
11
School Mitigation Measures
The developer shall pay the maximum commercial/industrial development school fee in
effect at the time building takes place.
Library Facilities Mitigation Measures
None required.
Public Transportation Mitigation Measures
Prior to tentative map approval for any phase of the project, the City shall require
construction of, or guaranteed financing of, the proposed bus stop/turnout facilities to be
located in that phase, with all facilities being constructed per SunLine Transit standards
within five years of all phases of the project being completely constructed.
•
12
INTEROFFICE MEMORANDUM
TO: Department of Community Development/Planning
Attention: Steve Smith
FROM: Richard J. Folkers, Asst. City Manager/Public Works Director
SUBJECT: CONDITIONAL USE PERMIT 98-02; PDH ASSOCIATES, LLC
DATE: April 9, 1998
The following should be considered conditions of approval for the above-referenced
project:
(1) Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code
and Palm Desert Ordinance Number 653, shall be paid prior to issuance of a
grading permit.
(2) Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to issuance of a grading permit.
(3) Any storm drain construction associated with 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.
(4) 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. All public improvements shall be inspected by the Department of Public
Works and a standard inspection fee shall be paid prior to the issuance of any
permits associated with this project.
(5) 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 shall be reviewed and approved by the Director of Public Works
and a surety posted to guarantee the installation of all required offsite improvements
prior to issuance of a grading permit. Such improvements shall include, but not be
limited to, minimum eight foot wide concrete sidewalk and installation of appropriate
landscape improvements within the existing Frank Sinatra Drive median island.
"As-built" plans shall be submitted to the Director of Public Works prior to the
acceptance of the improvements by the City.
6) All private driveways and parking lots shall be inspected by the engineering
department and a standard inspection fee paid prior to the issuance of a grading
permit.
(7) Landscaping maintenance on the Cook Street and Frank Sinatra Drive project
frontages shall be the responsibility of the property owner.
(8) In accordance with Palm Desert Municipal Code Chapter 27, complete grading
plans and specifications shall be submitted to the Director of Public Works for
checking and approval prior to the issuance of any permits associated with this
project.
(9) Size, number and location of driveways to the specifications of the Department of
Public Works with four driveway approaches serving this property. All access
points shall be limited to right-turn ingress and egress only. In addition, the most
southerly access point (Cook Street) may be permitted left-turn ingress .
(10) Any and all offsite improvements shall be preceded by the approval of plans by the
Director of Public Works and the issuance of a valid encroachment permit by the
Department of Public Works.
(11) A complete preliminary soils investigation, conducted by a registered soils engineer,
shall be submitted to and approved by the Department of Public Works prior to the
issuance of the grading permit.
(12) Proposed building pad elevations are subject to review and modification in
accordance with Section 27 of the Palm Desert Municipal Code.
(13) The project shall be subject to Transportation Uniform Mitigation Fees (TUMF),
lodging/restaurant classification. Payment of said fees shall be at time of building
permit issuance.
(14) Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive
Dust Mitigation as well as Section 24.20, Stormwater and Discharge Control.
RICH/ ARDJLTE.
(jsg\cup9802ss.cnd)
I
SYNOPSIS OF ISSUES AND ACTION AT
PLANNING COMMISSION MEETING OF APRIL 21, 1998
• Staff highlighted salient points from staff report and several revisions pursuant to
plan amendments relating to building height and parking.
• Two area residents spoke at the hearing:
Ms. Kermode - Desert Mirage Drive (south of the site)
—► Courtyard looked like Esmeralda which is the ugliest building in the desert
- Indicated she was promised maximum two-story development on the site
Ms. Davis - Desert Falls (Links)
—► Expressed concern about height
—► Afraid it could impact mountain views
—► Concerned about room price
Mr. Sharp, a long-time area builder, expressed support for a larger roof structure.
• The Planning Commission discussed at length a room size reduction ordinance:
minimum 330 square feet and minimum average of 375 square feet.
• The Planning Commission discussed whether to increase required average. In the
final analysis, the Commission on a 5-0 vote recommended approval of a zoning
ordinance amendment, pursuant to the staff recommendation.
• Commissioner Jonathan expressed concern with the air conditioning units and felt
that the matter should be studied further. Staff felt that these units were acceptable
based on a visit to the Palm Springs facility, as the units there were neither noisy
nor unsightly.
• The Planning Commission approved the staff recommendation to recommend
approval of the precise plan and conditional use permit to the City Council.
• The Planning Commission amended Condition No. 14 of the conditional use permit
so that it now reads, "The future freestanding restaurant on the southwest corner
of Cook Street and Frank Sinatra shall be processed through the precise plan
process (a public hearing through Planning Commission) and the architectural
review process." This recommendation passed on a 4-1 vote (Commissioner
Jonathan dissenting).