HomeMy WebLinkAboutRes No 2881PLANNING COMMISSION RESOLUTION NO. 2881
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, TO ADOPT A NOTICE OF EXEMPTION AND
APPROVE A REVISION TO AN APPROVED PAD ELEVATION AND
DEVELOPMENT STANDARD FOR AN APPROVED STAYBRIDGE HOTEL
PROJECT AT 74-755 TECHNOLOGY DRIVE WITHIN THE MILLENIUM
SPECIFIC PLAN (APN: 694-190-096)
CASE NO. PP 18-0002 AMENDMENT 1
WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day
of March, 2015, hold a duly noticed public hearing and adopted Ordinance No. 1281 for
adoption of a Mitigated Negative Declaration and approval of The Millennium Palm Desert
Specific Plan and Development Agreement 14-332; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17th day of July, 2018 hold a duly noticed public hearing and adopted Planning
Commission Resolution No. 2724 to adopt a notice of exemption and approve Precise Plan
18-0002 and Tentative Parcel Map 37488 for two new, four-story hotels on Parcel 5 within
the Millenium Specific Plan, located at 74-755 and 74-777 Technology Drive; and
WHEREAS, the Architectural Review Commission of the City of Palm Desert,
California, did on the 12th day of March, 2019, approve Case No. MISC19-0005 approving
the architecture and landscaping for Phase Two of the project, a Staybridge Suites hotel,
consisting of a 90-room, four-story hotel; and
WHEREAS, the Architectural Review Commission of the City of Palm Desert,
California, did on the 10th day of January, 2023, approve Case No. MISC 21-0023 approving
a revised architecture and landscaping plan for Phase Two of the project a Staybridge Suites
hotel, consisting of a 90-room, four-story hotel; and
WHEREAS, the Project site has a land use designation of Neighborhood Center (CN)
in the General Plan adopted on November 10, 2016, and zoning designation of Millenium
Specific Plan adopted on March 26, 2015; and
WHEREAS, the Millenium Specific Plan established development standards for
projects at 74-755 Technology Drive, which established a maximum height of 50 feet for
development at 74-755 Technology Drive; and
WHEREAS, Planning Commission Resolution No. 2724 approved a pad elevation of
169.70’ for the development at 74-755 Technology Drive; and
WHEREAS, the Applicant submitted an application for a Precise Grading permit and
building construct permit which proposed revisions to the aforementioned approved pad
elevations and development standards; and
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PLANNING COMMISSION RESOLUTION NO. 2881
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WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of CEQA” Resolution No. 2024-035, in that the Director of
Development Services has determined that the project will not have a significant impact on the
environment and that the project is categorically exempt under Article 19, Section 15332 Infill
Development (Class 32) of the CEQA Guidelines, and the project is not subject to any of the
exceptions for categorical exemptions identified in CEQA Guidelines Section 15300.2; therefore,
no further environmental review is required; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 3rd day of September 2024, hold a duly noticed public hearing to consider the request by
Prest Vuksic Architects (Applicant) for a revision to the approved pad elevations and
approved height for PP18-0002; and
WHEREAS, the Millenium Specific Plan allows for deviations for development
standards through the Precise Plan; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the Planning Commission
did find the following facts and reasons, which are outlined in the staff report exist to justify
approval of said request; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; and
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
SECTION 1. Recitals. 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. CEQA Determination. The proposed project has been reviewed pursuant to
the requirements of California Environmental Quality Act (CEQA) and the State CEQA Guidelines.
The Project is exempt from CEQA pursuant Guidelines Section 15332, Infill Exemption. The
project is consistent with the applicable general plan designation and all applicable general plan
policies, and applicable zoning designation and regulations; the proposed development is within
city limits on a project site of no more than five acres substantially surrounded by urban uses; the
project site has no value as habitat for endangered, rare, or threatened species; approval of the
project would not result in any significant effects relating to traffic, noise, air quality, or water
quality; and the site can be adequately served by all required utilities and public services. The
Planning Commission, based on the staff report and materials and testimony presented during
the hearing, based on its own independent judgment, hereby finds that no further environmental
review is required because the project is exempt from CEQA pursuant to CEQA Guidelines
Section 15332.
SECTION 3. Findings on Precise Plan. In recommending approval of this Project, the
Planning Commission, and under Palm Desert Municipal Code (PDMC) Section 25.72.030(E),
the following findings are required before granting a PP:
1. In the approval of this precise plan, consideration is given and restrictions are imposed
to the extent necessary, in view of the size and shape of the parcel and the present
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PLANNING COMMISSION RESOLUTION NO. 2881
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and proposed zoning and use of the subject property and the surrounding property, to
permit the same degree of enjoyment of the subject property, but subject to the same
degree of protection of adjoining properties, as would be accorded in normal
circumstances by the standard restrictions imposed by Chapter 25.72.030. The
project, as conditioned, meets all the requirements of the underlying zone and
provides this project the same allowances that its surrounding properties would be
governed by.
2. The proposed precise plan is not found to substantially depreciate property values in
the vicinity or unreasonably interfere with the use or enjoyment of property in the
vicinity by the occupants thereof for lawful purposes, nor would it endanger the public
peace, health, safety, or general welfare.
3. A Design Review for the project architecture was reviewed and approved as required
by the Architectural Review Commission on January 10, 2023.
SECTION 4. Project Recommendations. The Planning Commission approves the revised
pad elevation as shown in Exhibit B and the revised development standard to allow a
height above 50 feet.
SECTION 5. Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City’s office at
73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary
to the Palm Desert Planning Commission, is the custodian of the record of proceedings.
SECTION 6. 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.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings for
approval of the Planning Commission in this case.
2. That the Planning Commission does hereby approve Case No. PP18-0002,
Amendment 1, pursuant to the conditions of approval in Exhibit A and the approved
pad elevation shown in Exhibit B.
ADOPTED ON September 3, 2024.
RON GREGORY
CHAIRPERSON
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ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
I, Richard D. Cannone. AICP, Secretary of the City of Palm Desert Planning
Commission, hereby certify that Resolution No. 2881 is a full, true, and correct copy, and was
duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on
September 3, 2024, by the following vote:
AYES: GREGORY, HOLT, PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: DELUNA, GREENWOOD
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on October _1_, 2024.
RICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2881
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EXHIBIT “A”
CONDITIONS OF APPROVAL
CASE NO. PP18-0002 (Amendment 1)
PLANNING DIVISION:
1. The development of the property shall conform substantially with exhibits on file with the
Development Services Department, as modified by the following conditions.
2. The applicant agrees that in the event of any administrative, legal, or equitable action instituted
by a third party challenging the validity of any of the procedures leading to the adoption of
these project approvals for the project, or the project approvals themselves, the developer
and City each shall have the right, in their sole discretion, to elect whether or not to defend
such action. Developer, at its sole expense, shall defend, indemnify, and hold harmless the
City (including its agents, officers, and employees) from any such action, claim, or proceeding
with counsel chosen by the City, subject to the developer’s approval of counsel, which shall
not be unreasonably denied, and at the developer’s sole expense. If the City is aware of such
an action or proceeding, it shall promptly notify the developer and cooperate in the
defense. Developer upon such notification shall deposit with City sufficient funds in the
judgment of City Finance Director to cover the expense of defending such action without any
offset or claim against said deposit to assure that the City expends no City funds. If both
parties elect to defend, the parties hereby agree to affirmatively cooperate in defending said
action and to execute a joint defense and confidentiality agreement in order to share and
protect the information, under the joint defense privilege recognized under applicable law. As
part of the cooperation in defending an action, City and developer shall coordinate their
defense in order to make the most efficient use of legal counsel and to share and protect
information. Developer and City shall each have sole discretion to terminate its defense at
any time. The City shall not settle any third-party litigation of project approvals without the
developer’s consent, which consent shall not be unreasonably withheld, conditioned, or
delayed unless developer materially breaches this indemnification requirement.
3. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein, which are in addition to the approved development standards listed
in the Palm Desert Municipal Code (PDMC), state, and federal statutes now in force, or which
hereafter may be in force.
4. The Staybridge project is approved at a pad elevation of 170.58’, as shown on the grading
plan attached as Exhibit B
5. The Staybridge project is approved at a height of 50 feet from the 170.58’ pad elevation
6. The project shall comply with all of the following project approvals:
A. Ordinance No. 1281 (Adoption of the Mitigated Negative Declaration and approval of
The Millennium Palm Desert Specific Plan and Development Agreement 14-332)
B. Planning Commission Resolution 2724
C. Architectural Review Commission approvals of MISC19-0005 and MISC21-0023
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Docusign Envelope ID: F978FAD6-C264-4B92-98E1-A9AB22E702E8