HomeMy WebLinkAboutPP 84-40 HOTEL/HIGHWAY 111 1984 RF,-: I E PLAN t - _.,. TENTATIVE TRACT t:
20NE CHANGE PARCEL MAP
VARIANCE
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REFER TO:: Zo21 ,a R c. I '�G
APPLICANT:_ - 7iidfl
LOCAT ION : . �� y-,90i T .�«°i ,, _
REQUEST:_ g�.
EXISTING ZONE c-/
PREPARATION PROGRESS
DATE 8Y COMMENTS
APPLICATION RECEIVED s
_ LEGAL PUBLICATION SENT 'j. 1' - , F a � -P ,uApaLl
NOTICES SENT
FIELD INVESTIGATION
DEPTS. NOTIFIED
BUILDING
ENGINEERING
t FIRE P
POLICE
RECREATION & PARKS
SCHOOL DISTRICT
DIVISION OF HIGHWAYS
FLOOD CONTROL
PRELIMINARY MEETING
STAFF REPORT
FINAL_ PLAN APPROVAL ( c
PRECISE PLAN (6) '.
LANDSCAPING PLAN (5)
PLAN. DIRECTOR MOD. (6)
HEARINGS & ACTIONS
DATE ACTION VOTE
REVIEW BOARD HEARING
P.C. HEARING PUBLISHED
P.C. PUBLIC HEARING
APPLICANT NOTIFIED
C.C. PUBLIC HEARING
ORDINANCE: NO.
RESOLUTION NO.
EFFECTIVE DATE
RECORDED FOR DATA- BANK
ZONING MAP CORRECTED
I
CITY OF PALM DESERT
D&b_ ..TMENT OF COMMUNITY DEVELO,._ENT
MEMORANDUM
TO: Assistant City Attorney Doug Phillips
FROM: Assistant City Manager/Director of Community Development
DATE: September � 6, 1991
SUBJECT: Kirkendale Request
Doug:
Does this agreement fulfill the condition identified by Mr. Kirkendale?
He does not believe so; ultimately he wants to be able to park on the
hotel lots.
I think this agreement meets the need for joint access, but does it meet
the specific condition in the parcel map resolution.
RAMON A. DIAZ
ASSISTANT CITY MANAGER, DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING
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RECEIVED �
SEP 5 1991
LAW OFFICES OF
PROCOPIO, CORY, HARGREAVES AND SAVITCH COMMUNIO DUELOPM6VT D7FAITV,-7
1900 UNION BANK BUILDING CIP!DI PALM PT,""4ELECOPIER
ALEC L.CORY V.WAINWRIGHT FISHBURN.JR.
EMMANUEL SAVITCH ROBERT A.BUTTERFIELD.JR, 530 B STREET 16191235-0398
GERALD E OLSON MICHAEL L,M NNELAAR 16191 235-0399
PAUL B.WELLS KCNNETHJ ROSE SAN DIEGO, CALIFORNIA 92101-4469
TOO.E.LEI.. ERIC B SMWISBERG
EFFREY ISAACB rvIDO RIE TELEPHONE (6191 238-1900
ROSERT J.BERTON GERIALD P KENNEDY
DENNIS HUGH M NEE R.LASRY T PROCOPIO
JOHN C ALUGEN EDWARD L SILVERMAN ICO o-IC TA
FREDERICK N.NUNZEL JEFFREY D CAWDREY
AOBERT G.RUSSELL R.J WITHERSPOON
GEORGE L AMOOSE CYNOY DAY-WILSON
KELLY M.EDWARDS ROBERT F.STANSELL
MARTIN AUDREY V.NELSON HARRY HARGREAVES
RAYMONDEG.WRIGHT JON K LA September 3 , 1991 RETIRED
JAMES G.SANDLER JACK D AURORA JOHN H BARRETT
MICHAEL J.RADFORD WILLIAM W.EIGNER RETIRE.
THOMAS R.LAUBE MATTHEW W.ARGUE
IACINTI,JR STEPHEN R.ROBINSON
STEVEN J.UNTIEDT i MARCUS DAY
STEVEN M.STRAUSS HOLLEY A.HOFFMAN
CRAIG P,BAPIN JEFFREY M.BYER
Mr. Ramon A. Diaz
Assistant City Manager/
Director of Community Development
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
Re: Parking Access Easement
Dear Mr. Diaz :
Reference is made to your letter of July 5, 1991, addressed
to Messrs. Pavony, Hunnicutt and Kirkendale.
In the third paragraph of the above mentioned letter dated
July 5, 1991, it states as follows- "A condition of approval for
the parcel map required a parking access easement agreement. The
map was finalized but the agreement was never executed or
recorded. " (underlining added) The underlined words incorrectly
state the facts.
The true facts are that an easement agreement was both
executed and recorded. It was recorded in the Official Records
of the Riverside County Recorder on March 27 , 1987 as Instrument
No. 83550. Enclosed you will find a true and correct photocopy
of the Easement Agreement that was recorded.
G:kBSTPY❑E\Diu.I,
LAW OFFICES OF
PROCOPIO, CORY, HARGREAVES AND SAVITCH
Mr. Ramon A. Diaz
September 3 , 1991
Page 2
We assume this resolves any further concerns on the part of
the City of Palm Desert.
Sincerely,
0 ERT J TON
RJB: jhc
Enclosure
cc: Marilyn Molde, Leeds and S auss (w/encl. )
Mr. Don Pavony (w/encl. )
Mr. William Kirkendale (w/encl. )
Mr. Edward Hunnicutt (w/encl. )
G:\temp�hc\Diu.lt
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made this day of
1986, by and between DOVELAND DEVELOPMENT, a
California general partnership ("Doveland") and PALM DESERT HOTEL
VENTURE, a California general partnership ("Venture") , with re-
ference to the following:
RECITALS.
A. Doveland is the owner of that real property located in
the City of Palm Desert, Riverside County, California, described
as Parcel 2 of Parcel Map No. 20217, as shown by that Map on file
in Book 126, Pages 57 and 58, in the Records of Riverside County,
California (the "Doveland Property") , on which Doveland is con-
structing a restaurant, adjacent parkin- and landscaping.
B. Venture is the owner of that real property located in
the City of Palm Desert, Riverside County, State of California,
immediately adjacent to the east boundary of the Doveland Pro-
perty, more specifically described as Parcel 3 of Parcel Map No.
20217 (the "Venture Property") , on which property Venture has de-
veloped a- Vacation Inn Hotel.
C. Included within the Doveland Property is a private ac-
cess easement (the "current easement") for the benefit of the
Venture Property, which easement is located along the easterly
24' of the Doveland Property, and is more specifically described
on Parcel Map No. 20217, a true and correct copy of which is at-
tached hereto as Exhibit "A" and by this reference made a part
hereof.
D. The location of the current easement has created certain
planning and development problems for Doveland in constructing a
restaurant and adjacent improvements on the Doveland Property,
and Doveland therefor desires that the current easement be relo-
cated, as set forth below.
E. Venture desires to relocate the current easement, as set
forth below, in order to maintain access along the easterly
border of the Doveland Property, and to further improve access to
that Vacation Inn parking located in the southwest portion of the
Venture Property.
NOW, THEREFORE, in consideration of the covenants, con-
ditions, terms and provisions hereinafter set for*h, the parties
do hereby agree as follows:
1. INCORPORATION OF RECITALS.
The Recitals stated above are incorporated herein by this re-
ference and made a part hereof.
2. GRANT OF EASEMENT.
Doveland hereby grants to Venture a private access easement,
for ingress and egress, on, over and through the Doveland Proper-
ty, which easement (the "new easement") shall be located as more
particularly described on Exhibit "B" attached hereto and by this
reference made a part hereof.
-2-
ILG/Doveland02/11-10-86/bb5
In addition to ingress and egress, Venture may, when neces-
sary, temporarily park delivery vehicles on the new easement, but
only (a) for that period of time reasonably necessary to effec-
tuate the loading or unloading of such vehicles, and (b) in a
manner which is consistent and in conformance with applicable
fire or related ordinances of the City of Palm Desert, and (c)
within those automobile parking spaces located upon the easement
area, when such spaces are available, and upon the roadway por-
tion of the easement area only when such spaces are not avail-
able.
To assist Venture and its agents and representatives in load-
ing and unloading any such vehicles which are to be temporarily
parked on the new easement, Venture and Doveland shall jointly
use their best efforts to obtain from the City of Palm Desert an
approval that not more than three (3) full-size parking spaces,
to be located in that parking area along the east border of the
Doveland Property, are to be designated exclusively for the "Va-
cation Inn" and shall be utilized only for the temporary parking,
loading and unloading of necessary delivery vehicles. If the
City of Palm Desert permits the exclusive Vacation Inn designa-
tion of such parking spaces, then notwithstanding any provision
to the contrary herein, Venture agrees that any and all delivery
trucks shall use such spaces, and no other portion of the new
easement, for temporary parking, loading and unloading.
Further , in addition to ingress and egress, Vacation Inn
Hotel guests may utilize, on a non-exclusive basis, those parking
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ILG/Doveland02/11-10-86/bb5
spaces constructed by Doveland on the Doveland Property, as same
are necessary or covenient for said Hotel guests.
3. RELEASE OF EASEMENT.
Venture hereby remises, releases, abandons and quitclaims to
Doveland all its right, title and interest in and to the current
easement, as above-described and further described on the Map at-
tached as Exhibit "A" hereto.
4. CONSTRUCTION, REPAIRS & MAINTENANCE.
Doveland shall be responsible for all costs of constructing
the roadway and adjacent parking to be constructed upon the new
easement, and shall, at its own cost, perform thereafter reason-
able and adequate maintenance of the easement area, to ensure a
proper and unhindered traffic flow over the easement area to the
Venture Property.
Venture shall be responsible for all costs of performing rea-
sonable and adequate maintenance of that portion of the Venture
Property adjacent to the new easement to ensure a proper and un-
hindered traffic flow between the Venture Property and the Dove-
land Property.
S. DEFAULT IN MAINTENANCE OBLIGATION.
In the event either party fails to reasonably perform its
maintenance obligations as specified in Section 4 above, then the
non-defaulting party shall have the right to perform said reason-
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ILG/Doveland02/11-10-86/bb5
able maintenance, when and where necessary, and to collect from
the other the entire amount expended which is attributable to the
maintenance performed by the non-defaulting party.
To enforce collection of such reasonable maintenance expenses
from the defaulting party, the party providing the maintenance
shall provide the other with ten (10) days written notice that
such maintenance expenses are claimed due and such maintenance
assessment, if unpaid within the ten (10) day cure period, shall
thereupon be deemed deliquent and shall bear interest from the
date due at the legal rate of interest per annum.
6 . EASEMENT PLANS.
Doveland shall prepare or cause to be prepared all necessary
plans and specifications for identification and description of
the new easement, and the improvement of same.
In addition, Doveland shall bear all costs pertaining to pre-
paration and recordation of this Easement Agreement, and shall
further , upon execution hereof, convey to Venture the sum of ONE
THOUSAND DOLLARS 8 N0/100 ($1, 000-. 00) , which sum shall be and is
deemed payment in full to Venture of any and all damages, attor-
neys ' fees or other costs Venture has purportedly incurred in re-
. gard to any dispute pertaining to the current easement, and the
establishment herein of the new easement in settlement thereof.
7. INSURANCE.
Doveland shall provide and maintain, at its own cost, public
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ILG/Doveland02/11-10-86/bb5
liability and property damage insurance, in amounts not less than
One Million Dollars ($1, 000, 000) , covering the new easement area
and shall indemnify and hold Venture harmless from any liability
which might arise from use of the new easement by Doveland ,
Doveland ' s lessee, or any of their invitees or guests. Venture
acknowledges that this Doveland insurance obligation may, and is
expected to, be satisfied by the purchase of an appropriate in-
surance policy by the lessee of the restaurant which Doveland is
constructing on the Doveland Property.
Venture shall provide and maintain, at its, own cost, public
liability and property damage insurance, in amounts not less than
One Million Dollars ($1, 000, 000) , covering the new easement area
and shall indemnify and hold Doveland harmless from any liability
which might arise from use of the new easement by Venture its
invitees or guests, as contemplated by this agreement, and as
more specifically described at Section 2 hereof.
Each party shall provide the other with a certificate of in-
surance evidencing the insurance described above. If either
party should fail to provide such insurance, the other party may
purchase same and collect the cost of premiums from the non-
insuring party in the manner provided in Section 5 hereof.
In addition, the parties agree that, at five (5) year inter-
vals, they shall jointly review the above-specified insurance
coverage amounts for the purpose of increasing same as may be
necessary to maintain said coverage consistent with any
adjustment in standard and reasonable insurance requirements.
-6 ILG/Doveland02/11-10-86/bb5
8. NO CROSS-EASEMENT.
This Agreement is not to be construed or interpreted as
granting Doveland; its lessee or their invitees or guests an
easement on or over the Venture Property; however, this Agreement
shall not supercede any requirements or conditions imposed upon
the Venture Property by the City of Palm Desert during its ap-
proval of development, plans and construction of the Vacation
Inn.
9. LANDSCAPING.
Doveland affirms that it shall comply with the requirements
of development imposed by the City of Palm Desert, pertaining to
the installation of landscaping and the further installation of
an enclosure adjacent to the south side of the restaurant build-
ing, which shall enclose the trash container and trash area to be
utilized by the restaurant. In addition, and in any event, Dove- .
land shall maintain the trash area in an enclosed state so as not
to be offensive to guests of the Vacation Inn.
10. POSSIBLE RESTAURANT AGREEMENT
Doveland hereby agrees, and by its execution of this Agree-
ment at the appropriate signature line at page 10 hereof, Dove-
land ' s restaurant lessee agrees, that if an agreement is entered
into by Doveland, its lessee or said restaurant with the Conti-
nental Inn (a hotel constructed on that parcel of real property
-7-
ILG/Doveland02/11-10-86/bb5
described as Parcel 1 of Parcel Map No. 20217, which real prop-
erty is located immediately adjacent to the west boundary of the
Doveland Property, to provide restaurant or room services of any
type to to the Continental Inn and its guests, that Doveland, its
lessee and said restaurant shall immediately thereafter offer the
same service agreement to the Vacation Inn, which offer the
Vacation Inn must accept within thirty (30) days after written
notice of the terms and provisions of the agreement is conveyed
to Venture. Should Venture fail to indicate acceptance of the
offer within the prescribed time period, then Venture shall be
deemed to have rejected said offer , and Doveland, its lessee and
said restaurant shall not be further obligated to make said offer
to Venture nor shall, there be any obligation to make any agree-
ment with Venture or the Vacation Inn as to any such service.
Notwithstanding the foregoing, however , st•-uld any agreement
regarding restaurant or room service between Continental Inn and
Doveland (or its lessee) expire or otherwise be terminated, and
should a new, independent service agreement between Doveland and
Continental Inn be agreed upon, then the same agreement shall
thereupon be offered to Venture in the manner and within the time
periods described immediately above.
In addition and by their respective execution hereof, Dove-
land and its restaurant lessee, Cleveland Leonard and Mary
Leonard, hereby agree that in consideration of the parking and
access benefits to the Doveland Property and the restaurant
thereon resulting from the new easement as established in this
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ILG/Doveland02/11-10-86/bb5
Agreement, the terms and provisions of this Section 11 (and no
other portion of this Easement Agreement) shall and are deemed to
be incorporated in and made a part of that certain Restaurant
Lease (Net, Net, Net Lease) dated December 11, 1985 pertaining to
the restaurant under construction on the Doveland Property.
11. SUCCESSORS IN INTEREST.
This Agreement and each and all of the covenants, conditions
and grant of easement contained herein shall inure to the benefit
of, apply to, and be binding upon each of the parties hereto and
each and all of their respective heirs, successors, assigns ,
grantees, tenants, lessees and sublessees.
All of the provisions of this Agreement shall be enforceable
as equitable servitudes and shall constitute covenants running
with the land pursuant to applicable law, including, b*.. not li-
mited to, Section 1468 of the Civil Code of the State of
California.
This Agreement shall create privity of contract by and among
Venture, Doveland, and Cleveland Leonard and Mary Leonard,
Doveland' s lessee (for the term of the Restaurant Lease re-
ferenced in Section 11 hereof) and their respective heirs, execu-
tors , administrators and successors. In the event of a breach,
or attempted or threatened breach by a party hereto or the suc-
cessor or assignee of any such party in any of the terms, cove-
nants and conditions hereof, the other party hereto shall be en-
titled forthwith to full and adequate relief by injunction and
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ILG/Doveland02/11-10-86/bb5
all such other available legal and equitable remedies from the
consequences of such breach. The remedies permitted at law or
equity as specified herein shall be cumulative as to each and as
to all.
12. MISCELLANEOUS PROVISIONS.
The captions heading the various sections of the Agreement
are for convenience and identification only and shall not be
deemed to limit or define the contents of their respective sec-
tion.
Each party agrees to and shall do and perform all acts and
execute any and all documents reasonably necessary or expedient
to effectuate the intent and purposes of this Agreement and shall
exercise good faith and best efforts in connection with same.
All questions with respect to construction of this Agreement
and the rights and liabilities of the parties hereto, shall be
governed by the laws of the State of California.
In the event of any controversy, claim or dispute between the
parties hereto arising out of or relating to this Agreement or
the breach thereof, the prevailing party shall be entitled to re-
cover from the other party reasonable expenses,. attorneys' fees
and costs.
This Agreement may be executed in counterparts and all so
executed shall constitute one agreement which shall be binding
upon all the parties hereto notwithstanding that all of the
parties are not signatory to the original or the same counter-
-10-
ILG/Doveland02/11-10-86/bb5
part.
-11-
ILG/Doveland02/11-10-86/bb5
EXECUTED on the day and year first above written at
SAIDi r4o , California.
PALM DESERT HOTEL VENTURE
a California general partner-
ship
VAc/rr%0 0 7j:j.1 V%i 04 AnAei-I c A
N PrNA6i we Pr?(LtNe2 by CARY dS
Ge L AF P-t N
By:
s, ar er
DOVELAND DEVELOPMENT, a
RESTAURANT LEASE LESSEE California general part-
nership
By: By:
Cleveland Leonard Janice Sher , Partner
By: By:
Mary Leonard Leonard Winegar , Partner
-12-
ILG/Doveland02/11-10-86/bb5
STATE OF CALIFORNIA )
S 0 )COUNTY OF �t�� ) ss.
On / J6 , before me, the undersigned, a Notary
Public in and for said State, personally appeared GARY LEEDS per-
sonally known to me (or proved to me on the basis of satisfactory
evidence) to be the person that executed the within instrument as
the partner , on behalf of PALM DESERT HOTEL VENTURE, a California
general partnership, the partnership herein named and acknowl-
edged to me that the partnership executed it.
OFFICIAL SFAL
WITNESS my hand and official seal. c DONNA R. OSBORN
Notary Public - California
_, Prirc:oal Office In
S>n Dicgo Ccunty
My Commi-slop E:ipi:ct Oct. 16, 1987
la�t (This area for notarial seal)
i
EXECUTED on the day and year first above written at
California.
PALM DESERT HOTEL VENTURE
a California general partner-
ship
By:
Gary Leeds, Partner
DOVELAND DEVELOPMENT, a
RESTAURANT LEASE LESSEE California general part-
nership
By: By:
Cleveland Leonard l mice Sher , Partner
By: By: ems' /(/. ..-✓
Mary Leonard eonard
/ Winegar , Pa er
-12-
ILG/Doveland02/11-10-86/bb5
EXECUTED on the day and year first above written at
California.
PALM DESERT HOTEL VENTURE
a California general partner-
ship
By:
Gary Leeds, Partner
DOVELAND DEVELOPMENT, a
RESTAURANT LEASE LESSEE California general part-
nership
By: By:
/(=d;,i;elan Le nard Janice Sher , Partner
By: � By:
Mffry LeonaLu Leonard Winegar , Partner
-12-
ILG/Doveland02/11-10-86/bb5
f
STATE OF CALIFORNIA )
as.
COUNTY OF RIVERSIDE )
On December 16, 1986 , before me, the undersigned, a Notary
Public in and for said State, personally appeared JANICE SHER
personally known to me (or proved to me on the basis of satisfac-
tory evidence) to be the person that executed the within instru-
ment as one of the partners , of DOVELAND DEVELOPMENT, a
California general partnership, on behalf of the partnership
herein named and acknowledged to me that the partnership executed
it.
OFFICIAL SEAL
ROB�?T A I l'�+.4N
WITNESS my hand and official seal, i�`� r: NOTT9Y 1 LC - c� .FO wiA
My =sn. e:,n:ns OR 19, 1989
(This area for notarial seal)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On December 16, 1986 , before me, the undersigned, a Notary
Public in and for said State, personally appeared LEONARD WINEGAR
er nal p so ly known to me (or proved to me on the basis of satisfac-
tory evidence) to be the person that executed the within instru-
ment as one of the partners , of DOVELAND DEVELOPMENT, a
California partnership, on behalf of the partnership herein named
and acknowledged to me that the partnership executed it.
WITNESS my hand and official seal. , OFFICIAL SEAL
ROBE^.T A !Y,\'.Af I
rY; NOTARY FL'?"C -CAUFORNIA
`
My COMM. e'T:zs AP�2 19, 1989 '
` (This area for notarial seal)
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
On Decanber 4 1986 , before me, the undersigned, a Notary
Publ c n and for said State, personally appeared CLEVELAND
LEONARDO personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed
the same. _
WITNESS my hand and official seal.
1��1 o.�e�y
OrMI E aouar
MY OMM MO.Aw.am uoD
This area for notarial seal)
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
On December 4, 1986 , before we, the undersigned, a Notary
Public in and for said State, personally appeared MARY LEONARD,
personally known to me (or proved to me on the basis of satisfac-
tory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the
same.
WITNESS my hand and official seal. dAR:1ft*0AW.
aF
NYrC�Mlarrr�
ol rEwARMr
NTr
W 0� 94 low
This area for notarial seal)
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24 'WIDE INGRESS AND EGRESS EASEMENT
The Westerly 24 .00 feet of the Easterly 48 .90 feet of
Parcel 2 of Parcel Map No. 20217 as recorded in Book 126
of Parcel Maps at Pages 57 to 58 inclusive, records of
Riverside County, California.
EXHIBIT__
ument ge�prd„
of been compared with
LIA_`,I E. CONERLY
County Recorder
RIVERSIDE COUNTY, CALIFORNIA
LAW OFFICES OF
BEST, BEST 6 KRIEC- .4
RECEIVED
'91 AUG 29 dulul� 28, 1991
Ci i Y CLERK'S OFFICE
MEMORANDUM
TO: Ray Diaz, City of Palm Desert
FROM: Dave Erwin, City Attorney /e/—
RE: Parking Access Easement - Parcel Map 20217
Ray:
I have talked with Don Pavoni on the parking access agreement that
was required and never done. He has asked that we advise him what
he has to do to petition the City for relief under this matter. I
would appreciate it if you would have somebody direct a
communication to him advising him what he needs to do to petition
the City for relief.
DJE/v d
DJE14932
r. -
_ all
73-510 FRED WARING DRIVE, PALM DESERT. CALIFORNIA 92260
TELEPHONE(619)346-0611
July 2, 1991
Mr. Don Pavony Mr. William Kirkendale, President
KDS Corp. c/o Servico ICA Financial Corp.
1601 Belvedere Road 41-865 Boardwalk
West Palm Beach, Florida 33406 Palm Desert, California 92260
Mr. Edward Hunnicutt
Vacation Inn of Palm Desert
74-715 Highway ill
Palm Desert, California 92260
Re: Parking Access Easement
Dear Sirs:
This letter will confirm our previous conversations relating to this
subject.
It was brought to the city' s attention by the current owner of the
restaurant within the project area that a parking easement agreement was
never executed for the project.
When approved the project consisted of two hotels and a restaurant, each
located on their own parcel . A condition of approval for the parcel map
required a parking access easement agreement. The map was finalized but
the agreement was never executed or recorded.
Mr. William Kirkendale, owner of the Pasta House Restaurant, has
requested that the city enforce this condition.
Because an agreement was required and not executed, you are hereby
requested to meet and cooperatively prepare a mutual parking access
agreement for review and approval by the city. You have sixty ( 60 ) days
from the date of this letter to execute such an agreement or petition
the city for relief.
YAVONY/KIRKENDALE/H?'NNICUTT
. "JULY 2, 1991
Should you have any questions, please feel free to call .
Very truly yours,
RAMON A. DIAZ
ASSISTANT CITY ANAGER/DIRECTOR OF COMMUNITY DEVELOPMENT
/tm
2
RECEiVEC`
RECEIVED
OCT 15 1991 BEST, BEST & KRIEGEJ1 OCT 15 Pn TNE...1.1 CtUU1 4.AG.C..,CN. GA.OR.TICN. 1 5 9
COMMUNITY DEVELOPMENT DEIARTMEN( LAWYERS
RIVERSIDE CITYDFPALMDESEP! 39700 BOB HOPE DRIVE. SUITE 312 CITY CLERKS OFFICE
O NTA RIO
(714) 686-1450 POST OFFICE BOX 1555 (714) 989-8584
- RANCHO MIRAGE. CALIFORNIA 92270
PALM SPRINGS TELEPHONE (619) 568-2611
(619) 325-7264
TELECOPIER (619) 340-6698
October 11, 1991
PERSONAL & CONFIDENTIAL
Mr. William Kirkendale
c/o Sunshine Meat, Fish & Liquor
74-985 Highway 111
Indian Wells, CA 92210
Re: Pasta House - Easements
Dear Bill:
I have reviewed all of the conditions on the parcel map where the
Pasta House is located as well as the conditions on any plot plan
approvals on adjacent property. It is clear assuming there are no
other agreements that there are conditions requiring an agreement
that provide easements for drainage, parking and circulation on all
parcels. Those documents were to be approved by the City Attorney
prior to recordation. After my review, it appears that that
condition has not been complied with. There are several
alternatives available such as the preparation and execution of a
mutual drainage, parking and circulation agreement between the
existing owners of the parcels. If that attempt is unsuccessful,
my assumption is that any of the parties aggrieved by the lack of
that agreement could attempt to enforce the conditions upon the
adjacent parcels. Additionally, the condition could be modified in
the event any of the parties determined to bring this matter to the
Council's attention and to either have the condition modified after
notice and hearing or eliminated. From the correspondence, it
doesn't appear that the attempt to mutually arrive at a solution is
very viable though I think that is the desired approach. If there
something further I can or if you wish to discuss it further,
please let me know.
Your very truly,
K
A42 J. ERWIN
DJE:pam
cc: Ray- Diaz
DJE16326
CITY OF PALM DESERT
DEF. .PMENT OF COMMUNITY DEVELOPMENT
INTEROFFICE MEMORANDUM
TO: City Manager
FROM: Assistant City Manager/Director of Community Development
DATE: June 25, 1991
SUBJECT: Pasta House, Vacation Inn, Howard Johnson' s Parking
Have spoken to representatives of the two hotels and secured a
cooperative attitude regarding the joint parking usage; this was
apparently rejected by Mr. Kirkendale. I then spoke with City Attorney
Doug Phillips; Don Pavony, attorney for Howard Johnson' s; Vi Odum,
manager of Howard Johnson' s, and Edward Hunnicutt, manager of Vacation
Inn.
Howard Johnson' s position remains one of cooperation, but is not
desirous of executing a formal agreement. Mr. Pavony seemed upset over
the fact that they had cooperated with Mr. Kirkendale in allowing the
CC&R' s to be revised so that only dinner needed to be served and Mr.
Kirkendale mentioned nothing about the parking easement during those
discussions.
Mr. Pavony' s position is that Howard Johnson' s was not the original
owner, aware that no mutual parking easement existed ( as was Mr.
Kirkendale ) and that they would not be willing to execute such an
agreement at this time.
Mr. Hunnicutt of Vacation Inn was also very cooperative. He did state,
however, that Mr. Kirkendale did on one occasion demand that some
Vacation Inn customers move their cars from parking spaces near the
restaurant. Mr. Hunnicutt stated he stopped his meeting and had the
cars moved.
What is unusual is that one type of mutual parking agreement would be
the same for all; this appears somewhat inconsistent with Mr.
Kirkendale ' s previous requests.
Doug Phillips believes that the city can require the parties to execute
an agreement, approve or reject it, but not dictate its contents.
My next step will be to send letters to all parties instructing them to
begin to draw up a mutual parking agreement.
RAID ON41A
Z
ASSISTANT CITY MA GER, DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING
/tm
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
INTEROFFICE MEMORANDUM
TO: City Manager
FROM: Assistant City Manager/Director of Community Development
DATE: June 20, 1991
SUBJECT: Vacation Inn, Howard Johnson, Pasta House Parking
We have spoken to the manager of Howard Johnson' s and informed her of
the intentions of the parking plans and Mr. Kirkendale ' s concerns. She
indicated that if there was a problem she would do nothing until
contacting us.
Her main concern is that restaurant overflow parking does not impact her
check-in area. This concern can be easily resolved if it becomes a
problem by designating a few spaces for check-in parking.
At this time they will not execute a formal agreement; however, based
on the commitments we have and previous history one is not necessary.
I would suggest that we continue along the cooperative road we've begun.
In looking at the CC&R' s there is nothing present that requires mutual
access and shared parking.
R N A. IAZ
A SISTANT CITY MANAGER, DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING
/tm
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TOt
VOSS i COOK ii co
Attorneys at Law
S840 uite
'ew ort canter Drive00
� �
i P. 0. Box 2290 3�
Newport Beach, California 92658-895 C .3
Attni David A. Lurker, Esq. 1�Ole
pace Above t s L ne or Recor er a Uae On y
DECLARATION OF COVENANTS AND RESTRICTIONS i
("HOTEL VENTURE")
,
o I. PARTIES
y The parties to thin Declaration cf Covenants and
V Restrictions (hereinafter "Declaration") are BIRTCHER DUNHAM ^;
\ PROPERTIES, a California general partnership (hereinafter
"Birtcher Dunham") and PALM DESERT HOTEL VENTURE, a California
general partnership (hereinafter "Hotel Venture").
II. RECITALS
Birtcber Dunham is the
in real propert
located is the City Of Palm Dese owner, Cou tyeofaRiverside, State
of California as more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference
(hereinafter "Restaurant Parcel"). Hotel Venture has acquired
from Birtcher Dunham certain adjacent real property located
in the City of Palm Desert, County of Riverside State of
California more particularly described in Exhibit "B" attached
hereto and incorporated herein by this reference (hereinafter
"Hotel Parcel"). It is the desire and intention of the parties
to restrict the Lae of the Restaurant Parcel for restaurant
purposes to provide a common plan for the develo
properties. pmenc of the
III. COVENANTS AND RESTRICTIONS FOR RESTAURANT PARCEL
Birtcher Dunham herebyagrees to use the Restaurant
Parcel only for restaurant purposes. This covenant and
restriction shall burden the Restaurant Parcel for the benefit
of the Hotel Parcel.
I!�• TERM
The covenants and restrictions contained in this
Declaration shall run with the land and shall be binding upon
all owners thereof for so long as the Hotel Parcel is used for
hotel or motel purposes. After the initial completion of hotel
or motel facilities, t'.e cessation of such use for a period in
excess of six (6) consecutive months whall be deemed to be
nonuse sufficient to cause the termination of this Declaration.
V. MISCELLANEOUS
A. Enforcement
Enforcement of these restrictions shall be by
proceedings at law or in equity against any person or persons
violating or attempting to violate any covenant or restriction
contained herein and may include action to either restrain
violation or to recover damages.
� I
-1-
R
ry B. Severability
Invalidation in any one of ovenants or
c
these restrictions by Judgment or court order shall !n n way affect
effect. or
any other provisions which shall remain in full force and
C. Attorneys' Fees
of dispute relatingn to the
these event
restrictions cor Ltha ebr
Y, claim or
each ,
the prevailing party shall be entitled to recover froem ethe
lc-'ng party its reasonable expenses, attorneys' fees, court
or,ts fury. in imited addition o to a ll otherterelief etorwhich mined tthhe pr court
to
ing party may be entitled. Prevail-
VI. EXECUTION
These restrictions are executed by the dates adjacent to their signatures below and shallabeies effQctive
upon recordation in the of
ficial Records of Riverside County,
California.>,a.
"Birtcher Dunham"
BIRTCHER DUNHAM PROPERTIES,
a California general
partnership
-- By: BIRTCHER PACIFIC II, a
California general
Partnership
Dateds Y/ �j 1985 By 2
Itas
Dateds / �. 1985 By:
C. G. Du
"Hotel Venture"
PALM DESERT HOTEL VENTURE, a
California general partnership
BYs GART, •a general
partnership
Dateds 1985By*
BY: VACATION 'NNS OF AMERICA.
a California general
partnership
Dated: / 3 1985
Bys
• Dateds . 1985 Bys
r
-2- "
OS LC OWLEDGM%T§
~ STATE OF CALIFORNIA )
COUNTY OF R„� •A, ) �s.
On . :985, before me, the undersigned,
a Notary pub c to n or said State, personally appeared
known to me (or proved to me on the basis of
sat s actory evidence) to be a general partner of BIRTCHER
PACIFIC II, a California general partn:-ship, which partnership
: known to me to be a general partner of BIRTCHER DUNHAM
PROPERTIES, a California general partnership, the general
partnership that executed the within instrument, who acknowl-
edged to me that he executed the within instrument on behalf of
BIRTCHER PACIFIC II, a California general partnership, that
said partnership executed the within instrument on behalf of
BIRTCHER DUNHAM PROPERTIES, a California general partnership,
and that BIRTCHER DUNHAM PROPERTIES executed the same.
WITNESS my hand and official seal.
�NOtJ. CtWX1JVS
""`^1°s'�"LepA1A" Notaty public
n m.ns�st i ari ,COUIT get
B J(T Cumm ;/�n
Name yped or printed
STATE OF CALIFORNIA )
COUNTY OF A wtid• _ as.
On
a Notary Pub ac In for 1 a8 d States me personally
C. G. DUNHAM appeared
personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person that executed
the within instrument .as a general partner, on behalf of
BIRTCHER DUNHAM PROPERTIES, a California general partnership,
the partnership therein named and acknowledged to me that the
partnership executed the same.
WITNESS my hand and official
seal.
Cs[ N a P.4b
c m2n1
"ue N1eSye or
Pr nee
p� STATE OF CALIFORNIA )
OOfi ) fs.
NCOUNTY OF>�
Ou V �, 1985, before me, the undersigned,
Pub otar N c n en or said State, personally appeared
known to me (or proved to me on the basis of
as i actory evidence) to be a general partner of VACATION INNS
OF AMERTCA, a California general partnership, which partnership
is known to me to be a general partner of PALM DESERT HOTEL
VENTURE, a California general partnership, the general partner-
ship that executed the within instrument, who acknowledged to
me that he executed the within instrument on behalf of VACATION
INNS OF AMERICA, a California general partnership, that said
partnership executed the within instrument on behalf Of PALM
DESERT HOTEL VENTURE, a California general partnership, and
that PALM DESERT HOTEL VENTURE. executed the same.
WITNESS my hand and official al.
tNNcu eu
5116E\'A 1• \IOL\1 {
i, Nom. %Jn1'K C.ItfORNIA Notary Pub c
emNCI'AI OFNCF IN
yw oleeo Ccann �g J y S_ yH O M
ar zwninlae FE OaeeRM,Ie,INS Name Typed or Pr nted
STATE OF CALIFORNIA )
as.
COUNTY OF )
On R):. A 1985, before me, the undersigned,
Notary Pub c in an .or said State, personally appeared
4 , known to me (or proved to me on the basis of
savistactory evidence) to be a general partner of GART, a
California general partnership, which partnership is known to
me to be a general partner of PALM DESERT HOTEL VENTURE, a
California general partnership, the general partnership that
executed the within instrument, who acknowledged to me that he
executed the within instrument on behalf of GART, a California
general partnership, that said partnership executed the within
instrument on behalf of PALM DESERT HOTEL VENTURE, a California
general partnership, and that PALM DESERT HOTEL VENTURE
executed the same. K (1'101,k U11H A10"k 6dCn1,1
WITNESS my hand and officiaaI�l seal.
Joyce Helens Cnovanee ig, 1414tn1 t.
NOTARY MBLIC{AI1foRNIA NOC L Public
PRINCIPAL G'rIC[IN
sANerccacouNfY ;kVP( ll(.[FeiE: �
MFCatRnNslonExViMAa 6.1967 Name Typ- eYOr Prints
►e I STATE M"C'Al I RNI `t7 STATE
NTY OF _ I SS.
Aa FOR NOTARY SEAL OR(TAMP
On, der of in Ow Mrj_j".
Mae me.themalosi N NM4 nand fomiyand Stme.
pmonally appeared kyUdd l.?e %_ .. �_; .•
{ pvmula,an.to me la me proved In on t1w bi .of uti.fate)
If*
niMwTl
Fee he 1 IN e[e aani the rllhin nenm ml on behalf of.
•pan NIMip,and acsmvhNprometh bhel Uheyl eeeonN lhr um:
MINIM"
( n paeNN a/the ul pagR No firm a�r named
W, /hy�a�pwverYllD 5� l
endth It on ISM tu — A/iw• 17f1✓i jr!'t-/...�,
and slut old ^IM Wnnenhtp eaemlted ii F
F�
7
Signature
NOISTY Publk In and f%PFUZ w y stow AaN — —1
ea.
COUNTY OFA" lL_)
On 1985, before me, the undersigned,
a Notary Pub ' c am said State, personally appeared
ROBERT T. GORDON, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person that
executed the within instrument as a general partner on behalf
Of PALM DESERT HOTEL VENTURE, a California general partnership,
the partnership therein named and acknowledged to me that the
partnership executed the same. '.
WITNESS my hand and official real.
// d^
0MCIALSW ILI It Iq i l' iIL IAILP�
Joyce Helene Chsvanec Notar vblic
NOTARY PUeutrxeoRN1A
PRINCIPAL OEnCE IN
Si1N OI[00 COUNTY '� o
MP ceRImNEw.E.:. IS27 Name Type or Pr me
4ANY7
fit:• .'4'... .. ;...: .i _. .. _ . '�'` r.�n9n�'Jes rp„Ak..Y!y •
el
� � v
PARCELqq
EXHIBIT "A"
RESTAURANT
G '
Parcel 2 oi Parcel Map number 20217 as shown by Map on file in Book
126, Pages 57 and 58 of Parcel Map Records of Riverside County,
EXHIBIT "BO
ftOTEL PARCEL
PARCEL 3 of r:rcel Map number 2017 as shown by Map on file in Book
126, Pages 57 and 58 of Parcel Map Records of Riverside County,
G
a °
i
i
S
I I
i
I
I
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',.y'" :?::u:� .,.� "`� _ _ •i.::.°:C�' a;� '�`: :�.'L.`v1►..r,� is a._c�ib:�1'�.w--�r
f'
R all
p
RECORDING REQUESTED BY AND g q al v
WHEN RECORDED MAIL TO: b! lh��
M e
Anne E. Elokow, Eag•
Layman, Jones i Dye 8 a a
y.( 1 Corporate Plaza
Newport Beach, California 92660
1
[:RST SUPPLEMENT TO DECLARATION OF
In- - COVENANTS AND RESTRICTIONS
(-CONTINENTAL INN•)
That certain Declaration ('Declaration") of
Covenants and Restrictions (-Continental Inn•) executed by
iBirtcher Dunham Properties, a California general partnership
(-Birtcher Dunham•), and Palm Desert Continental Inn, Inc. , a
California corporation (-Continental Into), and recorded on
January 24. 1985 as Instrument No. 15603 in the official
records of Riverside, California is amended and supplemented
with respect to the following facts:
i
i .
Recitals
A. The' Declaration burdens that certain real
property owned by Birtcher Dunham located in the City of Palm
Desert and legally described as Parcel 2 of Parcel Mr.o No.
20217 as shown by map on file in Book 126, pages 57 and 58 of
Parcel Maps, Records of Riverside County, California
(hereinafter the *Restaurant Parcel-) .
B. The Declaration benefits certain real property r
adjacent to the Restaurant Parcel owned by Continental Inns and f
described as Parcel 1 and Lot A of Parcel Map No. 20217 as
shown by Map on file in Book 126, pages 57 and 58 of Parcel
Maps. Records of Riverside County, California (hereinafter the
'Hotel Parcel-).
K C. The Declaration provides that the Restaurant
Parcel may be used only for three-meal-a-day restaurant
purposes. The parties hereto desire by this Supplement to
clarify the permissible uses encompassed within the term f
-three-meal-a-day restaurant Purposes--
AEE:445P
120465
SON THEREFORE, the parties hereto amend and
supplement the Declaration as follows:
1. Section III of the Declaration is deleted in
its entirety and the following Section III is added in lieu
thereof:
'III COVENANTS AND RESTRICTIONS FOR RESTAURANT PARCEL
o '
v4 Sirtcher Dunham hereby agrees to use the Restaurant
Parcel only for three-meal-a-day restaurant
purposes. This covenant and restriction shall burden
4 the Restaurant Parcel for the benefit of the Hotel
Parcel. ' The term •three-meal-a-day restaurant
purposes' as used in this Section III shall be deemed
to include as permitted uses the on-premise ■ale aid
service of alcholic beverages, live music, dancing
and similar entertainment and any other use which is
consistent with and reasonably relateC to the
operation of a three-meal-a-48y restaurant.'
2. Except as expressly supplemented herein, the j
Declaration shall remain in full force and effect.
This Supplement is executed by the parties hereto on
the dates set forth adjacent to their signatures below and
shall be effective upon recordation in the official records of
Rivirside County. California.
2
f
SIRTCNER DUMM PROPERTIES,
a California general partnership
Dated: 198 By: Birtcher Pacific iI, a
California general partnership
e� By:
Its:
Dated: 198_ By:
-' C. G. Dunham i
PALK DESERT CONTINENTAL 1NN, INC.,
a California corpor+ttion
Dated: , 198_ By:
Its: l
Dated: _ 198_ By: '
Its:
P. D. HOTEL VENTURE.
..pp a California general partnership
DetestQD
QD Detest 9Yt —__
Itst
I
3
-Z- 1
STATE Or CALIFORNIA)
SS:
COUNT! Or RIVERSIDE)
On 198
baton me, the
undaraigned, a Notary Public n and !oc said State, personally
appeared and personally known
to me (or proved to me on the basis of m sat sfacto ryevidence)
to be the persona that executed the within instrument
. as and an behalf of PALM DESERT
CONTINENTAL INN, a California corporation, the corporation
!n therein named, and acknowledged to me that such corporation
executed .the within Instrument pursuant to its by-laws or 'a
resolution of its board of directors.
NITNESS my hand and official seal.
Notary Public in and for said State
(Seal]
STATE OF CALRORMA X
C00M OF ■Svnr•Ide (ss
On the 3Dth.dm orDeeemher .b the fear loss
before me,the vedera*ft .a!No--�Funk N eltd fa aaA Comtry attd
Scale.eer+nnab sweetId
�yyy .1 feet1a11P lne•n b Itte
IM /OtM b see en 111! ba+• IA Yle(MOA fvlClllttl lobe eitntm wA
=g of the WIN1eH of the WM rShtp that eaceoted the a� =
,.T
r Wrin bYtYl11e111, attl 'dno•ledead to To thw Wolff pertne o-P
eeemu ale"tone � IATFRSIAE CC�IAI1RL� .
S
ao _
END
Cathy J. ne n
hieme tT.R M Rmtedl
Notary Probe an!for vad Ctwmm and sun
If 1N]■ t 1,et FOR NOTARY SEAL OR STI.VP
5
. f
77
$ s a
RECORDING REQUESTED BY AND �(WHEN RECORDED MAIL TO: C 2S o
E d M $ e
Anne E. Elokow, Esq. p o '}
Layman, Jones i Dye > 8 a
1 Corporate Plaza V Fn�
Newport Beach, California 92660 1 *, tl
i
E_RST SUPPLEMENT TO DECLARATION OF
COVENANTS AND RESTRICTIONS
(-CONTINENTAL INN•)
p.
That certain Declaration (-Declaration-) of
Covenants and Restrictions ('Continental Inn') executed by
Birtcher Dunham Properties, a California general partnership
(•Birtcher Dunham"), and Palm Desert Continental Inn, Inc., a
,y California corporation (•Continental Inr.-), and recorded on
January 24, 1985 as Instrument No. 15603 in the official
records of Riverside, California is amended and supplemented
with respect to the following facts:
i
Recitals
A. The' Declaration burdens that certain real
property owned by Birtcher Dunham located in the City of Palm
Desert and legally described as Parcel 2 of Parcel Mra No.
20217 as shown by map on file in Book 126, pages 57 and 58 of
Parcel Maps, Records of Riverside County, California
(hereinafter the 'Restaurant Parcel-) .
B. The Declaration benefits certain real property i
1 adjacent to the Restaurant Parcel owned by Continental Inns and
described as Parcel 1 and Lot A of Parcel Map No. 20217 as
shown by Map on file in Book 126, pages 57 and 58 of Parcel
Maps. Records of Riverside County, California (hereinafter the
-Hotel Parcel').
I
C. The Declaration provides that the Restaurant
Parcel may be used only for three-meal-a-day restaurant
4 purposes. The parties hereto desire by this Supplement to
clarify the permissible uses encompassed within the term
'three-meal-a-day restaurant purposes.-
!"
i !I
AER:{a5!
120485
NOW THEREFORE, the parties hereto amend and
supplement the Declaration as follows:
1. Section III of the Declaration is deleted in
its entirety and the following Section III is added in lieu
thereof:
'III COVENANTS AND RESTRICTIONS FOR RESTAURANT PARCEL
0
Birtcher Dunham hereby agrees to use the Restaurant
Parcel only for three-meal-a-day restaurant
purposes. This covenant and restriction shall burden
4 the Restaurant Parcel for the benefit of the Hotel
.,F . Parcel. ' The term 'three-meal-a-day restaurant
purposes' as used in this Section III shall be deemed
to include as permitted uses the on-premtse sale dad
service of alcholic beverages, live music, dancing
and similar entertainment and any other use which is
consistent with and reasonably relateC to the
operation of a three-meal-a-Qay restaurant.'
2. Except as expressly supplemented herein, the
Declaration shall remain in full force and effect.
This Supplement is executed by the parties hereto on
the dates set north adjacent to their signatures below and
shall be effective upon recordation in the official records of
Rivirside County, California.
go
i
2
BIRTCNER DUNHAM PROPERTIES,
a California general partnership
Dated: 198_ By: Birtcher Pacific II, a
California general partnership
By:
Its:
Dated: 198_ By:
C. G. Dunham
I
t
PALM DESERT CONTINENTAL iNN, INC.,
a California corpor+tion
Dated• , 198_ By:
Its:
i
I
Dated: _ 198_ By:
Its:
P. D. HOTEL VENTURE.
a California general partnership
Dated* +� •.1�-85 Bv: )y/1^��^��N( K..
I�
Dateds avt _
Ita.
3
STATE OF CALIFORNIA)
' COUNTY OF RIVERSIDE))
SS:
On 198 before me, the
undersigned, a Notary Public in and foi said State, personally
appeared , and personally known
to me (or proved to me on the basis of sati factory evidence)
a _ to be the persona that executed the within in
rr as and , on behalf of PALM DESERT
M; CONTINENTAL INN, a California corporation, the corporation
therein named, and acknowledged to me that such corporation
executed .the within Instrument pursuant to its by-laws or '3
resolution of its board of directors.
WITNESS my hand and official seal.
Notary Public in and for said State
(Seal]
STATE OFCALIFORNIA 1 V
COON"OF S.S.
On tha ]nth nor,of neeenhor , to the,tar IORt .
before me.the ode rs9 w .a Noun►ublie in and for utd Counl,and
!a Sute.eervm,M appeorN RGar7 N_ L..AaRRR
3
� .t r.ortaM an9an t9 me
1M pro.ed to the M the boas of atManoT endetteel to be ono KAL
one of the perittel9 of the Pant nhtp that e.e fiord the L!
t- "" RMrutttent, and Mkoo.1 I to �e that Rnh pen d,p RIMS MM
e.emtN the farm We Cora EMU ape 14,Uff
8
GChE J. D&CAVn
Natne 1T,red or Rmmdt
Noun,fool[[to MW for asd Cotton,and Sun
e 2493 R 11102 FOR NOTARY SEAL OR M,MP
u�,ii �,i • _ fYl t �w fWY_�.
5.�'� I • re.t.� ;d t�t
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}k tR 6�tF4S y.Fk LY.. %P�y
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a5,4�'d*Y. :: _ • _ r.7aYle `* {�xy7...
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rSY�
4
♦� 4-n k �F� u ��11
F kft, -1
R � ': S ♦art i�:r
��I at �4
V. MISCELLANEOUS
C8Q A. Enforcement
H Enforcement of these restrictions shall be by
proceedings at law or in equity against any person or persons
violating or attempting to violate -any covenant or restriction
contained herein and may include action to either restrain
violation or to recover damages.
B. Severability
Invalidation in any one of these covenants or
restricttons by judgment or court order shall in no way affect
any otner provisions which shall remain in full force and
effect.
C. Attorneys' Fees
In the event of any controversy, claim or
dispute relating to these restrictions or the breach thereof,
the prevailing party shall be entitled to recover from the
losing party its reasonable expenses, attorneys' fees, court
costs, not limited to taxable costs, as determined by the court
or jury, in addition to all other relief to which the prevail-
ing party may be entitled.
VI. EXECUTION
These restrictions are executed by the parties on the
date* adjacent to their signatures below and shall be effective
upon recordation in the Official Records of Riverside County,
California.
"Birtcher Dunham"
BIRTCHER DUNHAM PROPERTIES,
a California general
partnership
By: SIRTCHER PACIFIC II, a
California general
partnership
Dateds / 1985 By:
c^ Its: i
Dateds /// 1985 By: .
. G. nham
.Continental Inn"
PALM DESERT CONTINENTAL INN,
INC., a California�i corporation
Dated: / S 1985 By:
Its:
Dated: :/�z�f.`; , 1985 By
Its,
)Y t
R 1.
ACKNOWLEDGMENTS
le
STATE OF CALIFOR41A
E -�
' h
f x K+ n '' "y 3'1•
• •rxx j
,f •L " ? "�1.1kf 4�a'y7'A
y F'S k On 'V+EanSu2 �t'T .
a Notary Pub 14c:4 r said State, personally appeared
known to me (or proved to me on the basis of
evidence) to be a general partner of SIRTCHER
PACIFIC It. a California general partnership, which partnership
known to me to be a general partner of BIRTCHER Dedged to me that he executed UNHAM
PROPERTIES. a California general partnership, the general
partnership that executed the within instrument, who acknowl-
tl
�r -rah - behalf
1,,���f
Ysaid partnership executed the within instrument on behalf ofSIRTCHER DUNHAM PROPERTIES, a California general partnership,
Vand that BIRTCHER DUNHAM PROPERTIES exe�uted the WIINESS my hand and official seal.
Affoc
ItIvElik COUNTY""
t t
M e h9t�fn, •NamaTAttG! u I Y1ka'ea Yy`3''�
t i". aft a' •
Y2(4 STATE Of CALIFOR41A
x 4 a7xY' fi 3.'
COUNTY OF
• .rt•�y4! 1f 5
_ undersigned, Y ,p
a Notary Fubk�,C: in r salcl state, personally appeared
C. G. DUNHAM. personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person that executed
the within instrument as a general partner, on behalf of
I} �f_1S Ili".
BIRTCHER DUNHAM PROPERTIES, •titT✓7
�rfkr .ethepartnershiptherein - and acknowledged to me that the
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partnership executed the same.
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WITNESS my hand and official seal.
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STATE
F CALIFORNIA
COUNTY••FVAU '61C40
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F , a 140 ry Public in and for. said State, personally appeared
persons Who executed the withi., instrument : =21'AF
and A&77 , an behalf of PALM DESERT CONTINENTAL INN.
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proved W$Q1AA( personally known to me (or
,to me on the basis of satisfactory vid be the
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I NC.. a CaLifornia—corporation, the corporation therein named,
and acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
-;a board of directors.
WITNESS my hand and official **&I.
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iy' Legal Description for
Restaurant Parcel
Parcel 2 of PARCEL MAP NO. 20217, as shown by Map
on file in Book 126, pages 57 and 58, of Parcel
Maps, Records of Riverside County, California.
Exhibit "A"
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�.j Legal Oescript!on for
Hotel Parc^1
Parcel 1 and Lot A of PARCEL MAP NO. 20217, as shown
by Map on file in Book 126, pages 57 and 58, of
Parcel Maps, Records of Riverside County, California.
,
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Exhibit •B"
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RECEIVED SEP
THE RESORT GROUP INC•
1105 EI Camino kcal Sure I03
San Diego,California 92I30
Wephone(619;7.E 760C
Fax(619)7k 7NU.
September 6, 1989
r1r . Wiliiall. D. herz
Barton, Klugman s oetting
'31 South Grand Avenue , 37th Floor
Los Angeles , California 90071-1599
Dear Mr . Herz :
I am in receipt of your letter dated August 25 , 1969 .
In response to that letter , you are unable to find any
reciprocal parking agreement because none exists .
The only Parking Agreement that exists gives Vacation
Inn Hotel several rights including the following : The
right .to have access through the restaurant parking lot ,
the right to have three spaces dedicated to the Hgte:
for service , and the right for guests of the Hotel tc
park along the east side of the parking lot . Other than
what I just mentioned , we have no interest in pursG.nc
any other type of reciprocal parking agreement .
If you have any questions or wish to discuss the situation
any further , please feel free to give me a call .
Sincer ly ,
6fGML .
L 9
jd
FROM EAF'TpN KL1,1GMAN OETT :-'ri 15: 01 F'. .
RECE14_ A . !9S
700 ROUTE dB EAST OLNa.•L COVN�LL
P.O. BOX 2700 MLLV$N E TAWS
' FAIRFIELD. NEW JERSEY 07007.2700 eDR.oRATL •rTORNL•
OCRALD 80 O
(201)882.1010 Aann•+' oeryn•. Covryee.
• Tel0000ler(201)882.8577 JTl1ART s eeADIN
JOSERM RLI NAD�NO
IITINO
PItIA11� ERNE C , AC
LAW DEPARTMENT LRNEST L. ASALE• .n
ANT.ORTCMA D M AMSMO AN
p NTnONI OIAMOaON e. JR
FICMAOD D FRANZSLA�
D Avm 6 STLweeRo
August 29 , 1989
4;illiaa. D . Herz , Esc .
Barton , Flugman s Oetting
3333 South Grand Ave . - 37th Floor
Los Anceles , CA 90071-1599
Pe ; Easelh2nt - Howard Johnson Motor LOQge
Farm Desert, CA (Our File : 1130 )
Dear Mr . Herz :
Flease be advised that your client ' s request has been
subtr:_tted to management for their review.
You sho•.:ld be aware that our local operations pecY'_E
are very concerned that given the size Q: your banquet
and restaurant facility, the Use of our par il,c lot
by your patrons will substantially interfere o:cth use,
c` our parking lot by our guests.
_ have reviewed the matter with the attor:ie•. for the
°ormer owner , Continental Inns , Inc . , wnc ad•.Vis me
tliat at the time his client purchased and developed
the hotel site , there was no agreement for cross perL•_nc
easements , and that, in fact , the restau.an*_ was developed
subsequent to the hotel . He further points out that
there is no direct access between your parcel and our
hotel parcel..
Nonetheless , we would be interested in having an operating
restaurant on the adjacent property, and I have forwarded
your letter to management and have requested a prompt
response .
Very truly yours ,
PRIME MOTOR INNS , INC .
i
Joseph Bernadino
Assistant General Counsel
JB: rs+:
LAW OFFICEC OF
BARTON, KLVGMAN Bc OETTING
33e !OV*r• o"ANn Ave,,E - eV- eLOOA .., ....•n.•,D+e'
wD.e•*.- .•^�•' „',,',!�',',:.ui:�e�"• LOS ANOELES. CALVONNIA 91007W500
u C..�D�.Ot^^O• a+ B.C-.[ TL LEPMONC !IO 62I-•000
M.vID O.O.u• JO^.'./+ ^ O•.-0[ COV+•, O./ICC
.e.a•- L4+n •u^a.• • ..c.+ '• •ee• TE LLCO.i[e. 813 626-1872 reP o••ct w• We
.... a .-.+.[ •roe>-4an
e+.ID c .u..et.• +tr.• a D.•+n.c,c.s ,aL\ee•¢w ,•-n.-ew
..�. ...c[• ors.•[
.+e�c. . .Hot• �004. «..c...
,ev+•a.._.. - .. ..., August 25 , 1989
•.....t......D.•'.•.•o- 2 4 8 81-0 0 01
Mr . Jerry Provencher
Vacation Inn
Palm Desert , California 92260
Re : Easement Question Regarding
Vacation Inn' s Palm Desert hotel
Dear Mr . Provencher :
This firm is counsel to Oakmont Builders , Inc . , owner of
the restaurant located at 74-695 Highway 111 , Palm Desert ,
California formerly known as "Cleve , s Restaurant" . By now
you should have received certain materials from our broker ,
Dick Baxley, outlining the problem that we have encountered
relative to a pending transaction regarding the sale of the
restaurant to a group of owner-operators .
It is my understanding that both Vacation Inn and the
adjoining hotel, Howard Johnson ' s Hotel , are most interested
in seeing that the restaurant is reopened. In order to
conclude a successful lease or sale of this parcel to an
operator , we will need your cooperation regarding resolution
of a technical problem regarding parking . The planners
the City of Palm Desert have indicated to _ us that in issuing
the appropriate developmental approvals for all three sites
that they=:treated parcels 1 , 2 and 3 c parcel map o217 a
whole relkiive to satisfying parking and access. Among the
conditions to the development of the parcel presently owned
by your firm is a reciprocal access agreement dealing with
this question.
There was an easement agreement executed some years ago
and recorded that provides access through the restaurant
parcel to the Vacation Inn parcel . There is also a covenant
rof record estaurantwpurposesk.e Howeveranourasearchrcel sofotbitlethasyed for
not
Low Ol►iCCS OF .
BARTON, KLUGMAN Bc OETTING
Mr . Jerry Provencher
August 25, 1989
Page 2
turned up any reciprocal access and parking agreement such as
that contemplated by the conditions to the development of
each hotel parcel.
Because of the lack of such an agreement, the company is
unable to give the appropriate assurances to our prospective
owner/operator that the parcel has adequate parking rights
notwithstanding the fact that it has been operated as a
restaurant in the past .
In view of the fact that the parcel was developed with
the understanding that the parking on the hotel sites would
be utilized in part to satisfy the parking requirements of
the restaurant parcel and in view of the community of
interest which all three owners have in seeing that the
restaurant is open and operated for the benefit of the hotel
guests , we propose to put together a reciprocal access and
parking agreement at the expense of Oakmont Builders, Inc. to
be executed by Oakmont, your firm, and the owner of the
Howard Johnson ' s Hotel . Any civil engineering or survey work
required would also be borne by Oakmont Builders , Inc . We
would expect reasonable access to the properties in the event
any field work had to be accomplished .
We are most interested in concluding a transaction with
an owner/operator prior to the commencement of the season .
If we are to do so, we must resolve the parking question in a
very expeditious manner , so I would very much appreciate your
timely response to this proposal .
Thank you for your assistance .
Si/ncl�tely yours,
William D. Herz
A Professional Corporation
WDH:hb
cc: Ronald M. Auen
Dick Baxley
LAW OFFICES of
BARTON, KLUGMAN & GETTING
233 &OUT« GRANO III - 1T• rL00! .w.nw•..w.n+e.p•
wDly •r D•w•o.• u.0.....• ewa«.ev o.w.••...
.D eL e. n . up.•n' .w. . .nu 06 ANGELES. CALIFORNIA 90071-I399
we...p i.or-..p• ..re u..^. DDAW
D.vrG-.C O~t L•• •O.•i..•.r L1 1�•[ TCLC PIyONC 212 OEId OOO
O".r•pi COV VF OIIIC(
Cw..IL( ..rCn J1.(ID LPr Dw{.. ..[•.wIO.D
woeu. . m In.c.• .sac. . mc1 TC LCCOPI[!. 2t2 &C2-I&22 ..ee -.c.l .. D
O . all+wD
C•w.ni. p•..L Y• w r.• .rC rI10n .01. rrCt r r all,
D.• D. ry
c•a. ne• •-o••u • Drq, w( .On ac.:n. Fp10.~.HN4D[v
C wuO L +[V..C[.• .N.• L Dn.+DL D-P S TC.V.O+c >I• fUTe]
.uuD O.••w+pC• . D[.[mL Tyv{CD.rN >u•)ehpue
`t`•'J^°~•~ ' "•;i1 "' August 25 , 1989 N I[a c••uD L lwpvv .e�C •• uo IN CDLT CFER T0.
•ae .• sale[, a.cl • vlc�••+••
wV...0 �.rt�G w' D.••DACE .�H n.[
24881-0001
Mr . Joe Bernadino
c/o Prime Motor Inns
700 Route 46 , East
Fairfield , New Jersey 07007
Be. Easement Question Regarding
Howard Johnson ' s Palm Desert Hotel
Dear Mr . Bernadino:
This firm is counsel to Oakmont Builders , Inc . , owner of
the restaurant located at 74-695 Highway lilt Palm Desert ,
California formerly known. as "Cleve ' s Restaurant" . Under
cover of letter dated August 9, 1989 you received certain
materials from our broker , Dick Baxley, outlining the problem
that we have encountered relative to a pending transaction
regarding the sale of the restaurant to a group of owner-
operators .
It is my understanding that both Howard Johnson and the
adjoining hotel , vacation Inn, is most interested in seeing
that the restaurant is reopened . In order to conclude a
successful lease or sale of this parcel to an operator , we
will need your cooperation regarding resolution of a
technical problem regarding parking . The planners at the
City of Palm Desert have indicated to us that in issuing the
appropriate developmental approvals for all three sites that
they treated parcels 1 , 2 and 3 of parcel map 20217 as a
whole relative to satisfying parking and access. Among the
conditions to the development of the parcel presently owned
by your firm is a reciprocal access agreement dealing with
this question.
There was an easement agreement executed some years ago
and recorded that provides access through the restaurant
parcel to the vacation Inn parcel. There is also a covenant
of record whereby the restaurant parcel is to be utilized for
restaurant purposes. However , our search of title has not
L4W OFFi�^,E6 OF
BARTON, KLUGMAN & OETTING
Mr . Joe Bernadino
August 25, 1989
Page 2
turned up any reciprocal access and parking agreement such as
that contemplated by the conditions to the development of
each hotel parcel.
Because of the lack of such an agreement, the company is
unable to give the appropriate assurances to our prospective
owner/operator that the parcel has adequate parking rights
notwithstandingthe fact that it has been
en operated as a
restaurant
in th
e past.
In view of the fact that the parcel was developed with
the understanding that the parking on the hotel sites would
be utilized in part to satisfy the parking requirements of
the restaurant parcel and in view of the community of
interest which all three owners have in seeing that the
restaurant is open and operated for the benefit of the hotel
guests , we propose to put together a reciprocal access and
parking agreement at the expense of Oakmont Builders , Inc. to
be executed by Oakmont, your firm, and Vacation Inn. Any
civil engineering or survey work required would also be borne
by Oakmont Builders , Inc. We would expect reasonable access
to the properties in the event any field work had to be
accomplished .
We are most interested in concluding a transaction with
an owner/operator prior to the commencement of the season.
If we are to do so , we must resolve the parking question in a
very expeditious manner , 80 I would very much appreciate your
timely response to this proposal .
Thank you for your assistance.
S/i'nc rely yours ,
William D. Herz
A Professional Corporation
WDH:hb
cc: Ronald M. Auen
Dick Baxley
RECORDING REQUESTED BY:
Ur �J
WHEN RECORDED MAIL TO:
Richard I. Roemer, Esq.
74-090 E1 Paseo, 2nd Floor
P.O. Box 4756
Palm Desert, California 92261-4756
THIRD SUPPLEMENT TO DECLARATION OF
COVENANTS AND RESTRICTIONS
This Third Supplement to Declaration of Covenants and
Restrictions ("Third Supplement") is made and entered into as of
this 13th day of May, 1991, by and between Oakmont Builders,
Inc. , a California corporation ("Oakmont") , Donald C. Keuler, an
unmarried man ("Keuler") , William Kirkendale and Linda Kirkendale
("Kirkendale") , Delaware Investment One, Inc. , a Delaware
corporation ("Delaware") , and KDS Corporation, a Nevada
corporation ("KDS") , with respect to the following facts and
circumstances:
RECITALS
A. Oakmont is the current owner of that certain parcel of
real property located in the City of Palm Desert, County of
Riverside, State of California and legally described in Exhibit A
attached hereto and by this reference incorporated herein (the
"Restaurant Parcel") , which Restaurant Parcel is burdened by that
certain Declaration of Covenants and Restrictions (the
"Declaration") executed by Bircher Dunham Properties, a
California general partnership, and Palm Desert Continental Inn,
Inc. , a California corporation, and recorded as Instrument No.
15603 on January 24, 1985, in the Official Records of the County
Recorder of Riverside County, as amended by that certain First
Supplement to the Declaration (the "First Supplement") executed
by those same parties and recorded as Instrument No. 1789 on
January 3, 1986, in the Official Records of the County Recorder
of Riverside County and as further amended by that certain Second
Supplement to Declaration of Covenants and Restrictions (the
"Second Amendment") dated January 31, 1991, executed by Oakmont,
Keuler, Delaware and KDS and recorded March 14 , 1991 as
Instrument No. 84092 in Official Records of the County Recorder
of Riverside County. Oakmont as owner of the Restaurant Parcel
is the successor in interest to the rights and obligations under
the Declaration as amended of Bircher Dunham Properties as a
signatory to those documents.
B. Keuler is the tenant of Oakmont pursuant to that
certain lease of the Restaurant Parcel by and between Oakmont and
Keuler dated December 28, 1990 (the "Lease") , and Kirkendale is
the current operator of the restaurant located on the Restaurant
Parcel pursuant to sublease from Keuler. By reason of their
interests in the leasehold in the Restaurant Parcel Keuler and
Kirkendale are also successors in interest to the rights and
obligations under the Declaration as amended of Bircher Dunham
Properties pursuant to Paragraph IV of the Declaration.
C. Delaware is currently the owner and ground lessor of
that certain parcel of real property located adjacent to the
Restaurant Parcel in the City of Palm Desert, County of
Riverside, State of California and legally described in Exhibit B
attached hereto and by this reference incorporated herein (the
"Hotel Parcel") , which Hotel Parcel is benefitted by the
Declaration as amended. Delaware as owner and ground lessor of
the Hotel Parcel is the successor in interest to the rights and
obligations under the Declaration as amended of Palm Desert
Continental Inn, Inc. , as a signatory to those documents.
D. KDS is the current ground lessee and operator of the
hotel located on the Hotel Parcel which is currently doing
business as Howard Johnson's Motor Lodge. KDS as the owner of a
ground leasehold interest in the Hotel Parcel which is benefitted
by the Declaration as amended and is also a successor in interest
to the rights and obligations under said documents of Palm Desert
Continental Inn, Inc. , pursuant to Paragraph IV of the
Declaration.
E. Paragraph III of. the Declaration requires that the
Restaurant Parcel be used for three-meal-a-day restaurant
purposes. The First Supplement provides for a revised Paragraph
III which clarifies the uses encompassed within the term "three-
meal-a-day restaurant purposes and the Second Supplement
provides, inter alia, for a two meal a day restaurant. "
F. The parties hereto acknowledge that the successful
operation of a restaurant on the Restaurant Parcel requires
greater flexibility with respect to permitted uses under the
Declaration, and that said successful operation will be mutually
beneficial to all of the parties hereto. The parties hereto
further acknowledge that the addition of Kirkendale as a party to
the Declaration as amended, as a party having an interest in the
leasehold estate in the Restaurant Parcel and as the operator of
the restaurant located thereon, will further the purposes to be
served by the Declaration as amended hereby. The parties hereto
as the parties in interest with respect to the Declaration
therefore now wish to amend the Declaration as amended by the
First Supplement to add Kirkendale as a party to the Declaration,
to delete the requirement that the Restaurant Parcel be used for
three-meal-a-day restaurant purposes and thus to redefine the
permitted uses of the Restaurant Parcel, all as provided below.
NOW, THEREFORE, the parties hereto hereby amend and
supplement the Declaration as amended by the First Supplement and
Second Supplement in the following particulars:
1. Kirkendale shall be and hereby is made a party in
interest to the Declaration as amended for so long as he shall
either have an interest in the leasehold in the Restaurant
Parcel, operates the restaurant located thereon or owns a fee
interest in the Restaurant Parcel. Provided, however, that each
of Keuler and Kirkendale acknowledges and agrees that should
either party's interest under the Lease or sublease expire or be
terminated pursuant to any of the terms or conditions thereof
except by purchase of the Restaurant Parcel, then and in that
event such party shall no longer be a party to the Declaration as
amended and shall no longer have any rights which might otherwise
accrue to him by virtue of his status as a party thereto.
Provided further, that Kirkendale's and Keuler's status as a
party to the Declaration shall in accordance with the provisions
of the foregoing sentence terminate automatically at such time as
either party's interest in the Lease or sublease expires or is
terminated, except by purchase of the Restaurant Parcel by that
party without any requirement for the execution of any amendment
or supplement to the Declaration by any of the remaining parties
thereto. Any subsequent amendment or supplement hereto executed
by Oakmont or its successors and assigns as the owners of the
Restaurant Parcel and the other parties hereto or their
successors in interest as the owners and/or lessees of the Hotel
Parcel stating that Keuler and/or Kirkendale is no longer a party
in interest to the Declaration shall be conclusive evidence of
the termination of such party's interest for purposes of the
2 .
Declaration unless such party is the record owner of the
Restaurant Parcel.
2. Paragraph III of the Declaration as amended by the
First Supplement is hereby deleted in its entirety and replaced
with the following:
III. COVENANTS AND RESTRICTIONS FOR RESTAURANT PARCEL.
Oakmont hereby agrees to use the Restaurant Parcel only
for restaurant purposes. "Restaurant purposes" for
purposes of this Paragraph III shall comprise the
service of meals, the provision of alcoholic beverages
in a manner consistent with the liquor license
currently in force for the premises, and at the option
of Oakmont the provision of live music, dancing and
other similar entertainment. This covenant and
restriction shall burden the Restaurant Parcel for the
benefit of the Hotel Parcel.
3 . The Declaration as amended by the First Supplement, the
Second Supplement and this Third Supplement may be further
amended, modified or supplemented only by a written document
which explicitly states an intention to amend, modify or
supplement the Declaration as amended by the First Supplement,
Second Supplement and this Third Supplement which is signed by
Oakmont, Delaware and KDS, or their respective successors or
assigns as owners and/or lessees of the parcels described in
Exhibits A and B hereto.
4 . This document may be executed in counterparts. The
signature pages and acknowledgments when appended to the recorded
document shall constitute the original.
5. Except as amended, modified or supplemented hereby, the
Declaration as amended by the First Supplement and Second
Supplement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Third Supplement to the Declaration as of the date set forth
above.
OAKMONT BUILDERS, INC. , a
California corporation
By
Ronald M. Auen
Authorized Officer
"Oakmont"
3 .
"THIRD SUPPLEMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS"
SIGNATURE PAGE CONTINUED
DELAWARE INVESTMENT ONE, INC. ,
a Delaware corporation
By
"Delaware"
4 .
"THIRD SUPPLEMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS"
SIGNATURE PAGE CONTINUED
KDS CORPORATION, a
Nevada corporation
By
Donald Pavony
Vice President
"KDS"
5.
"THIRD SUPPLEMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS"
SIGNATURE PAGE CONTINUED
DONALD C. KEULER,
an unmarried man
"Keuler"
6.
"THIRD SUPPLEMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS"
SIGNATURE PAGE CONTINUED
William Kirkendale
Linda Kirkendale
"Kirkendale"
7.
EXHIBIT A
Legal Description of Restaurant Parcel:
Parcel 2 of Parcel Map No. 20217 as shown by Map on file in Book
126, pages 57 and 58 of Parcel Maps in the Office of the County
Recorder of Riverside County, California.
8.
EXHIBIT B
Legal Description of Hotel Parcel:
Parcel 1 and Lot A of Parcel Map No. 20217 as shown by Map on
file in Book 126, pages 57 and 58 of Parcel Maps in the Office of
the County Recorder of Riverside County, California.
9.
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On 1991, before me, the undersigned, a Notary
Public in and for said State, personally appeared Ronald M. Auen,
personally known to me or proved to me on the basis of satisfac-
tory evidence to be the person who executed the within instrument
as the of the corporation that executed the
within instrument and acknowledged to me that such corporation
executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
10.
STATE OF NEW JERSEY )
ss.
COUNTY OF )
On , 1991, before me, the undersigned, a Notary
Public in and for said State, personally appeared ,
personally known to me or proved to me on the basis of satisfac-
tory evidence to be the person who executed the within instrument
as the of the corporation that executed the
within instrument and acknowledged to me that such corporation
executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
11.
STATE OF FLORIDA )
ss.
COUNTY OF PALM BEACH )
On 1991, before me, the undersigned, a Notary
Public in and for said State, personally appeared Donald Pavony,
personally known to me or proved to me on the basis of satisfac-
tory evidence to be the person who executed the within instrument
as the Vice President of the corporation that executed the within
instrument and acknowledged to me that such corporation executed
the within instrument pursuant to its by-laws or a resolution of
its board of directors.
WITNESS my hand and official seal.
12.
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
On , 1991, before me, the undersigned, a Notary
Public in and for said State, personally appeared Donald C.
Keuler, personally known to me or proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged that he executed the
same.
WITNESS hand and official seal.
13 .
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
On , 1991, before me, the undersigned, a Notary
Public in and for said State, personally appeared William
Kirkendale, personally known to me or proved to me on the basis
of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged that he
executed the same.
WITNESS hand and official seal.
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
On , 1991, before me, the undersigned, a Notary
Public in and for said State, personally appeared Linda
Kirkendale, personally known to me or proved to me on the basis
of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged that she
executed the same.
WITNESS hand and official seal.
14.
1
PLANNING COMMISSION RESOLUTION NO. 1008 n 0/
A RESOLUTION OF THE PLANNING COMMISSION OF �QJ1
I'IIE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A PRECISE PLAN OF DESIGN FOR A 129 ROOM HOTEL
ON THE SOUTH SIDE OF HIGHWAY Ill ,
APPROXIMATELY- 85 EAST OF SHADOW HILLS ROAD.
CASE NO.(PP 84-40\l
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 2nd day of October, 1984, hold a duly noticed public hearing and continued public
hearings on October 16, and November 20, 1984, to consider the request of HOTEL
PROPERTIES (Continental [tin Hotel)_.for approval of a precise plan of design to allow
construction of a 129 room hotel onQ.97,acres in the PC (4) S.P. zone located on the south
side of I lighway 111, approximately 2T5 feet east of Shadow Hills Road, more particularly
described as:
Portion of Lot 1, Tract 11883
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the project would not have an adverse impact on the environment and a negative
declaration has been prepared.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, of all interested persons desiring to be heard, said commission did find the
following facts and reasons to exist to justify the granting of said precise plan of design:
1. The design of the precise plan will not substantially depreciate property
values in the vicinity.
2. The precise plan will not unreasonably interfere with the use or enjoyment
of property in the vicinity by the occupants thereof for lawful purposes.
3. The precise plan will not endanger the public peace, health, safety or
general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in this case.
2. That approval of Precise Plan PP 84-40 is hereby granted for reasons subject
to the attached conditions.
PASSED, APPROVED an � ED regu ar eeting of the Palm Desert
Planning Commission, held on tl s 20th y of November 4, by the following vote, to
wit:
AYES: DOWNS, RICHARDS, WOOD, AND CRITES
NOES: NONE
ABSENT: ERWOOD
ABSTAIN: NONE A ZE
/RD C , Chairman
ATTEST:
RAMON A. DIAZ, Secre r
/tm
-1-
PLANNING COMMISSION RESOLUTION NO. 1008
CONDITIONS OF APPROVAL
PP 84-40
Department of.Environmental Services:
1. The development of the property shall conform substantially with exhibits (Case
No. PP 84-40) on file with the department of environmental services, as modified
by the following conditions.
2. Construction of the total development may be done in phases; however, each
individual phase shall meet or exceed all municipal code requirements to the
degree that the city could consider each phase as a single project.
.3. Construction of said project shall commence within twelve months from the date
of final approval unless an extension of time is granted by the planning commission;
otherwise said approval shall become null, void and of no effect whatsoever.
4. 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 in force, or which hereafter may be in
force.
5. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Coachella Valley Water District
Palm Desert Architectural Commission
Riverside County Department of Health
City Fire Marshal
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.
6. All existing electrical distribution lines, telephone, cable antenna television, and
similar service wires or cables, which are adjacent to the property being developed
shall be installed underground, if practicable, as a part of the development from
the nearest existing pole not on the property being developed.
7. Adjacent to south property line, a ten foot wide heavily landscaped area shall be
provided; planting to include vertical trees for screening.
8. Existing wall along south property line shall be raised to seven feet provided
property owner of wall agrees; wall extension to match existing wall.
9. Parking lot lighting system shall be designed to comply with municipal code
requirements with light standards to be maximum 20 feet high. Lights to be down-
shining box type light and provided with the shields facing residential properties.
Plans, specifications, computer lighting print-out to be approved by city during
architectural review process.
Reciprocal access agreements to be recorded prior to issuance of building permits
between subject property and parcels to east contained in Parcel Map 20217.
11. Tennis court shall be unlit and sunk four feet below grade to the satisfaction of the
city.
12. Four foot high masonry wall with landscaping bermed up to it shall be provided to
screen parking spaces from view of Highway 111.
13. Entire site to be provided with walls as required by city.
14. Should any future access drives between parcels be required by the city, this
applicant shall install any that are required on his property.
-2-
PLANNING COMMISSION RESOLUTION NO. 1008
Department of Public Works:
15. Drainage facilities shall be provided, per Ordinance No. 218 and the Master
Drainage Plan, to the specifications of the Director of Public Works.
16. Additional storm drain construction shall be contingent upon a drainage study by
the private engineer.
17. Landscaping maintenance on Frontage Road shall be provided by the property
owner.
18. Complete grading plans and specifications shall be submitted, as required by
ordinance, to the city engineer for checking and approval prior to issuance of any
permits.
19. Only two driveway approaches will be allowed to serve this property. Size and
location to public works specifications.
20. A traffic signal at the entrance to Highway III shall be installed. Until signal is
energized, there shall be no access to Highway I I I allowed.
City Fire Marshal:
21. Install a water system capable of delivering 3000/5000 GPM fire flow from any fire
hydrant for a 3 hour duration in addition to domestic supply. The computation shall
be based upon a minimum of 20 psi residua► operating pressure in the supply main
from which the flow is measured at the time of measurement. Fire flow
requirements will depend on built-in fire protection provisions of buildings.
22. Install Riverside County super fire hydrants so that no point of any building is more
than 200 feet from a fire hydrant measured along approved vehicular travel ways.
a. exterior surface of hydrant barrels and heads shall be painted chrome
yellow, and the tops and nozzle caps shall be painted green.
b. curbs shall be painted red 15 feet in either direction from each hydrant.
C. hydrants shall not be located closer than 25 feet to any building.
23. Prior to issuance of a building permit, the developer shall furnish the original and
three copies of the water system plan to the Fire Marshal for review. Upon
approval, one copy will be sent to the building department and the original will be
returned to the developer.
24. The water system plan shall be signed by a registered civil engineer and approved
by the water company, with the following certification: "I certify that the design
of the water system in PP 84-40 is in accordance with the requirements prescribed
by the Fire Marshal."
25. Prior to delivery of combustible materials to the building site, the required water
system shall be installed, operating and delivering the required flow.
26. All interior driveway turns must have a 40 foot turning radius.
27. Fire lanes will be required.
28. Additional fire protection requirements may be necessary when applicant submits
specific plans for consideration and approval.
-3-
PLANNING COMMISSION RESOLUTION NO. 1005 v -25
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A PRECISE PLAN OF DESIGN TO ALLOW
CONS'I"RUClION OF A 131 ROOM HOTEL ON TEH
SOUTH SIDE OF HIGHWAY Ill, APPROXIMATELY 680
FEET EAST OF SHADOW 1IILLS ROAD.
CASE NO. W, PP 84-39
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 2nd day of October, 1984, hold a duly noticed public hearing and continued hearings on
October 30, and October 16, 1984, to consider the request of GARY LEEDS (Vacation Inn
Hotel) for approval of a precise plan of design to allow,construction of a 113 (revised to
131 rooms) room hotel in PC (4) S.P. zone on 2.27 acres located on the south side of
Highway Ill, approximately 680 feet east of Shadow Hills Road, more particularly
described as:
Portion of LoVI, Tract 11883
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the project will not have a significant adverse impact on the environment and a negative
declaration of environmental impact has been prepared.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, of all interested persons desiring to be heard, said commission did find the
following facts and reasons to exist to justify the granting of said precise plan of design:
1. The design of the precise plan will not substantially depreciate property
values in the vicinity.
2. The precise plan will not unreasonably interfere with the use or enjoyment
of property in the vicinity by the occupants thereof for lawful purposes.
3. The precise plan will not endanger the public peace, health, safety or
general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in this case.
2. That approval of Precise Plan 84-39 is hereby granted for reasons subject to
the attached conditions.
3. That a Negative Declaration of Environmental Impact is hereby approved.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 30th day of October, 1984, by the following vote, to
wit:
AYES: DOWNS, RICHARDS, WOOD, AND CRITES
NOES: NONE
ABSENT: NONE
ABSTAIN: ERWOOD /
��UFORD CRITES, Chairman
ATTE •'/ �/
Wf•' l:?:�vi� f , •� _
RAMON A. DIAZ, Secrettiry
-1-
Am
PLANNING COMMISSION RESOLUTION NO. 1005
CONDITIONS OF APPROVAL
PP 84-39
Department of Environmental Services:
1. The development of the property shall conform substantially with exhibits (Case
No. PP 84-39) on file with the department of environmental services, as modified
by the following conditions.
2. Construction of the total development may be done in phases; however, each
individual phase shall meet or exceed all municipal code requirements to the
degree that the city could consider each phase as a single project.
3. Construction of a portion of said project shall commence within twelve months
from the date of final approval unless an extension of time is granted by the
planning commission; otherwise said approval shall become null, void and of no
effect whatsoever.
4. 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 in force, or which hereafter may be in
force.
5. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Coachella Valley Water District
Palm Desert Architectural Commission
Riverside County 1epartment of Health
City Fire Marshal
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.
6. All existing electrical distribution lines, telephone, cable antenna television, and
similar service wires or cables, which are adjacent to the property being developed
shall be installed underground, if practicable, as a part of the development from
the nearest existing pole not on the property being developed.
7. Adjacent to south property line, a ten foot wide heavily landscaped planter shall be
provided; planting to include vertical trees for screening.
8. Existing wall along south property line shall be raised to seven feet provided
property owner of wall agrees; wall extension to match existing wall.
9. Parking lot lighting system shall be designed to comply with municipal code
requirements with light standards to be maximum 20 feet high. Lights to be down-
shining box type light and provided with the shields facing residential properties.
Plans, specifications, computer lighting print-out to be approved by city during
architectural review process.
10. Reciprocal access agreements to be recorded prior to issuance of building permits
between subject property and parcels to west contained in Parcel Map 20217.
It. All glazing in that part of building 'A' facing Highway 111 to be double paned to
mitigate noise.
12. Landscaping area between Highway I I I and first buildings to be bermed three to
four feet in height.
13. Tennis courts to be sunk four feet below grade to the satisfaction of the city.
-2-
PLANNING COMMISSION RESOLUTION NO. 1005
14. Minimum 20 foot paved drive to frontage road shall be provided on proposed
restaurant site to west to satisfaction of the city.
15. Marked separate pedestrian walkway shall be provided between handicap stalls next
to building V across to putting green area.
Department of Public Works:
16. Drainage facilities shall be provided, per Ordinance No. 218 and the Master
Drainage Plan, to the specifications of the Director of Public Works.
17. Additional storm drain construction shall be contingent upon a drainage study by
the private engineer.
18. Landscaping maintenance on Frontage Road shall be provided by the owner's
association.
19. Complete grading plans and specifications shall be 'submitted, as required by
ordinance, to the city engineer for checking and approval prior to issuance of any
permits.
20. Only one driveway approach will be allowed to serve this property. Size and
location to public works specifications.
21. A traffic signal at the entrance to Highway Ill shall be installed. Until signal is
energized, there shall be no access to Highway I I I allowed.
City Fire Marshal:
22. Install a water system capable of delivering 3000 GPM fire flow from any fire
hydrant for a 3 hour duration in addition to domestic supply. The computation shall
be based upon a minimum of 20 psi residual operating pressure in the supply main
from which the flow is measured at the time of measurement. Fire flow
requirements will depend on built-in fire protection provisions of buildings.
23. Install Riverside County super fire hydrants so that no point of any building is more
than 200 feet from a fire hydrant measured along approved vehicular travel ways.
a. exterior surface of hydrant barrels and heads shall be painted chrome
yellow, and the tops and nozzle caps shall be painted green.
b. curbs shall be painted red 15 feet in either direction from each hydrant.
C. hydrants shall not be located closer than 25 feet to any building.
24. Prior to issuance of a building permit, the developer shall furnish the original and
three copies of the water system plan to the Fire Marshal for review. Upon
approval, one copy will be sent to the building department and the original will be
returned to the developer.
25. The water system plan shall be signed by a registered civil engineer and approved
by the water company, with the following certification: "I certify that the design
of the water system in PP 84-39 is in accordance with the requirements prescribed
by the Fire Marshal."
26. Prior to delivery of combustible materials to the building site, the required water
system shall be installed, operating and delivering the required flow.
27. Fire lanes will be required.
28. All turns in parking area to have a 40' radius.
29. Porte Cochere clearance to be IT6" high for emergency vehicle access.
-3-
PLANNING COMMISSION RESOLUTION NO. 988
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS
FINDINGS AND APPROVING A TENTATIVE PARCEL MAP
TO CREATE 4 PARCELS FOR COMMERCIAL DEVELOPMENT.
CASE NO. PM 20217
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 18th day of September, 1984, hold a duly noticed public hearing to
consider a request by CURT DUNHAM (BIRTCHER-DUNHAM) for approval of a parcel
map to allow the divvision of land into four parcels for commercial development in the PC
(4) S.P. zone oni,, 8 acres located on the south side of Highway 111, 285 feet east of
Shadow Hills Road, more particularly described as:
APN 625-430-060
625-430-061
WHEREAS, said application has complied with the requirements of the
"City of Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the Director of Environmental Services has determined that
the project has previously been assessed in connection with case no. DP 08-81 and no
further documentation is deemed necessary.
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, said Planning
Commission did find the following facts and reasons to exist to justify the granting of said
precise plan of design:
1. That the proposed map is consistent with applicable general and specific
plans.
2. That the design or improvement of the proposed subdivision is consistent
with applicable general and specific plans.
3. That the site is physically suitable for the type of development.
4. That the site is physically suitable for the proposed density of
development.
5. That the design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
6. That the design of the subdivision or the type of improvements will not
conflict with easements, acquired by the public at large, for access
through or use of property within the proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of Palm Desert, California, as follows:
1. That the .above recitations are true and correct and constitute the
findings of the commission in this case;
2. That it does hereby approve the above described Tentative Parcel Map
No: 20217 subject to fulfillment of the attached conditions.
I
PLANNING COMMISSION RESOLUTION NO. 988
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission held on this 18th day of September, 1984, by the following vote, to
wit:
AYES: DOWNS, RICHARDS, WOOD, AND CRITES
NOES: NONE
ABSENT: ERWOOD —
ABSTAIN: NONE
ATTEST: �/
BUFORD C i i ES, Chairman
4ANf:A. DIAZ, Secret ry
2
PLANNING COMMISSION RESOLUTION NO. 988
CONDITIONS OF APPROVAL.
Case No. PM 20217
Department of Environmental Services:
1. Parcel Map 20217 is granted for the land as described in the attachments hereto,
and as shown on exhibits on file with the department of environmental services
and the requirements herein.
2. All requirements of any law, ordinance, or regulation of the state, city and any
other applicable government entity, shall be complied with as a part of this map.
3. Pursuant to municipal code requirements, tentative parcel map shall be recorded
within two years from date of approval, unless an extension of time is granted,
otherwise said approval shall become null, void, and of no effect whatsoever.
4. All conditions of CALTRANS shall be met.
5. At the time of development of the first parcel, signalization of the access to
Hwy I I I shall occur at no cost to the City.
6. Access to Hwy I II to align with Granada Royale driveway on the north side of
Hwy 111.
Easements for drainage, parking, and circulation shall be recorded for all
parcels; easements to be approved by the City Attorney prior to recordation.
8. Frontage road to be approved by CALTRANS and City, as appropriate, prior to
recordation of map.
9. Development of property shall substantially conform to master plan (plot plan)
for PM 20217 on file in the Department of Environmental Services.
10. Sidewalk on Hwy 111 to be meandering.
Department of Public Works:
II. Drainage and signalization fund fees, as required by City Ordinance, shall be paid
prior to the issuance of permits.
12. Drainage facilities shall be provided, per Ordinance No. 218 and the Master
Drainage Plan, to the specifications of the Director of Public Works.
13. Additional storm drain construction shall be contingent upon a drainage study by
the private engineer.
14. Full public improvements, including traffic safety lighting, as required by
ordinance and the Director of Public Works, shall be installed in accordance with
City Standards.
15. Complete improvement plans and specifications shall be submitted, as required
by ordinance, to the City Engineer for checking and approval before construction
of any improvements is commended. The subdivider shall submit "as-built" plans
prior to acceptance of the subdivision improvements by the City.
16. Landscaping maintenance on Hwy I I I shall be provided by the owner.
17. Existing utilities on Hwy 111 shall be undergrounded.
1
PLANNING COMMISSION RESOLUTION NO. 988
18. Traffic safety striping on Hwy III shall be provided to the specifications of the
Driector of Public Works. A traffic control plan must be submitted to and
approved by the CALTRANS before placing pavement markings.
19. Complete grading plans and specifications shall be submitted, as required by
ordinance, to the City Engineer for checking and approval prior to issuance of
any permits.
20. Dedication of right-of-way, installation of curb and gutter, and matching paving
and sidewalk on Hwy 111 to be determined by CALTRANS.
21. Offsite improvement plans to be approved by the Public Works Department and a
surety posted to guarantee the required offsite improvements prior to this map
recording.
22. Only one roadway approach will be allowed to serve this property. Size and
location to Public Works specifications.
23. Public access easement to be granted on the final map to supplement the
existing frontage road right-of-way on Hwy 111.
24. Installation of a fully improved Frontage Road, including sidewalks to
specifications of the Director of Public Works.
25. Installation of traffic signal at entrance to Hwy 111 to expand signal installed by
Granada Royale Hotel to a controlled four-way intersection, signal must be
energized prior to the opening of any development.
26. Grant a public access easement beyond the east termination by the developer
and the final map to accommodate any future frontage road extension to the City
of Indian Wells.
2
r
MINUTES
PALM DESERT PLANNING COMMISSION
NOVEMBER 20, 1984
MR. WILLIAM TENNISON, Palm Desert Property Owners Association,
indicated that the board of directors were concerned about traffic
congestion at Highway III and suggested a long-range traffic study before
any more projects are approved.
MS. DAPHNE TRIPHON, 1713 Painters Path, felt that the project would
have a negative impact on the surrounding homeowners.
MR. CENCIBAUGH addressed the concerns. He explained that signalization
would help. Mr. Koetting felt that the right-turn only access to the project
on El Paseo would eleviate some problems and felt that the others could be
resolved.
Commissioner Downs asked what the revenue would be from the project if
developed. Mr. Koetting indicated between $10-15 million.
MR. DON STAGE, 1313 Sandpiper, indicated that the residents of Sandpiper
were against the rezoning of this property, not Mervyn's.
Chairman Crites closed the public testimony portion of the hearing and asked the
commission for comments and/or action.
Commissioner Wood indicated that while there would always be traffic problems,
the voice of the people should be heard.
Commissioner Downs explained that even though the city would be losing $300,000
in tax revenues a year, he would vote in opposition.
Chairman Crites commended the applicant on a good job done, but explained that a
project must get along with the adjacent properties. He felt that there were
enough signal lights on Highway I II and would be opposed to any projects requiring
a signal light on Highway 111.
Chairman Crites indicated that the findings for the resolution of denial should
state traffic, aesthetics, endangerment to health, welfare, and safety as reasons
for the denial.
Action:
Moved by Commissioner Richards, seconded by Commissioner Downs, to direct
staff to prepare a resolution of denial based on the findings of the commission, to
be presented at the next meeting.
Mr. Diaz recommended amending the general plan to conform with this motion and
indicated the support of the city attorney.
A TEN MINUTE RECESS WAS CALLED AT 4:36.
Mr. Diaz indicated that staff did not want the city taken to court for not changing
the general plan to conform.
Motion by Commissioner Wood, seconded by Commissioner Downs, to instruct staff
to begin preparation to change the general plan. Carried 4-0.
B. Continued Case No. P 48P b- HOTEL PROPERTIES, Applicant
Request for approval of a precise plan of design to allow construction of a
129 room hotel on 2.97 acres in the PC (4) S.P. zone located on the south
side of Highway 111, approximately 285 feet east of Shadow Hills Road.
Mr. Sawa reviewed the staff report and recommended approval.
Chairman Crites opened the public testimony and asked the applicant to address
the commission.
-3-
MINUTES
PALM DESERT PLANNING COMMISSION
NOVEMBER 20, 1984
MR. GEORGE HOLGUIN, architect, expressed agreement with the findings
of the staff.
Chairman Crites asked if anyone present wished to speak in FAVOR or
OPPOSITION to this project. Hearing no one, the public testimony was closed.
Action:
Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt the
findings as presented by staff. Carried 4-0.
Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt
Planning Commission Resolution No. 1008, approving PP 84-40, subject to
conditions.
C. Continued Case Nos. DP PP 84-37 - PAUL MADISON, Applicant
(Amended request.)
Approval of a precise plan of design and negative
declaration of environmental impact to allow development
of nine apartment units on .65 acres in the R-2 zone (with
a 25% affordable housing density bonus) located at the
southwest corner of San Pascual and Santa Rosa.
Mr. Diaz gave a presentation of the staff report and recommended approval of the
amended project.
Commissioner Richards indicated that he would like to know the amounts involved
if option b or c were used, which were reductions in fees, or cash. Mr. Diaz
explained that rental units present a problems with settling a cash fee.
Chairman Crites opened the public testimony and asked the applicant to address
the commission and asked him if he would accept option B or C.
MR. PAUL MADISON, representing Mr. Carroll, could not answer for the
applicant. He explained that Mr. Carroll was encouraged by the affordable
housing.
Commissioner Richards felt that the language suggested a barter arrangement and
indicated that these matters be investigated.
Chairman Crites suggested continuing this case until staff could present option B
and C.
MR. MADISON indicated that he would like the case settled with either
approval or denial.
A THREE MINUTE RECESS WAS CALLED AT 5:08 p.m.
Commissioner Richards indicated that he would like all options to be presented in
the future for all appropriate projects.
Chairman Crites asked if anyone present wished to speak in FAVOR or
OPPOSITION to this project. Hearing no one, the public testimony was closed.
Action:
Moved by Commissioner Wood, seconded by Commissioner Downs, to approve the
findings as presented by staff. Carried 3-0-1 (Commissioner Richards abstained.)
Moved by Commissioner Wood, seconded by Commissioner Downs, to adopt
Planning Commission Resolution No. 1009, approving PP 84-37 as revised. Carried
3-0-1 (Commissioner Richards abstained.
-4-
PLANNING COMMISSION RESOLUTION NO. 1008
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A PRECISE PLAN OF DESIGN FOR A 129 ROOM HOTEL
ON THE SOUTH SIDE OF HIGHWAY 111,
APPROXIM Y 285 EAST OF SHADOW HILLS ROAD.
CASE NO. PP 84-40
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 2nd day of October, 1984, hold a duly noticed public hearing and continued public
hearings on October 16, and November 20, 1984, to consider the request of HOTEL
PROPERTIES (Continental Inn Hotel) for approval of a precise plan of design to allow
construction of a 129 room hotel on 2.97 acres in the PC (4) S.P. zone located on the south
side of Highway 111, approximately 285 feet east of Shadow Hills Road, more particularly
described as:
Portion of Lot 1, Tract 11883
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the project would not have an adverse impact on the environment and a negative
declaration has been prepared.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, of all interested persons desiring to be heard, said commission did find the
following facts and reasons to exist to justify the granting of said precise plan of design:
1. The design of the precise plan will not substantially depreciate property
values in the vicinity.
2. The precise plan will not unreasonably interfere with the use or enjoyment
of property in the vicinity by the occupants thereof for lawful purposes.
3. The precise plan will not endanger the public peace, health, safety or
general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in this case.
2. That approval of Precise Plan PP 84-40 is hereby granted for reasons subject
to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 20th day of November, 1984, by the following vote, to
wit:
AYES: DOWNS, RICHARDS, WOOD, AND CRITES
NOES: NONE
ABSENT: ERWOOD
ABSTAIN: NONE
/BUFORD CRITES, Chairman
ATTEST:
RAMON A. DIAZ, Secre
Am
-1-
-
PLANNING COMMISSION RESOLUTION NO. 1008
CONDITIONS OF APPROVAL
PP 84-40
Department of Environmental Services:
1. The development of the property shall conform substantially with exhibits (Case
No. PP 84-40) on file with the department of environmental services, as modified
by the following conditions.
2. Construction of the total development may be done in phases; however, each
individual phase shall meet or exceed all municipal code requirements to the
degree that the city could consider each phase as a single project.
.3. Construction of said project shall commence within twelve months from the date
of final approval unless an extension of time is granted by the planning commission;
otherwise said approval shall become null, void and of no effect whatsoever.
4. 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 in force, or which hereafter may be in
force.
5. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Coachella Valley Water District
Palm Desert Architectural Commission
Riverside County Department of Health
City Fire Marshal
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.
6. All existing electrical distribution lines, telephone, cable antenna television, and
similar service wires or cables, which are adjacent to the property being developed
shall be installed underground, if practicable, as a part of the development from
the nearest existing pole not on the property being developed.
7. Adjacent to south property line, a ten foot wide heavily landscaped area shall be
provided; planting to include vertical trees for screening.
8. Existing wall along south property line shall be raised to seven feet provided
property owner of wall agrees; wall extension to match existing wall.
9. Parking lot lighting system shall be designed to comply with municipal code
requirements with light standards to be maximum 20 feet high. Lights to be down-
shining box type light and provided with the shields facing residential properties.
Plans, specifications, computer lighting print-out to be approved by city during
architectural review process.
10. Reciprocal access agreements to be recorded prior to issuance of building permits
between subject property and parcels to east contained in Parcel Map 20217.
11. Tennis court shall be unlit and sunk four feet below grade to the satisfaction of the
city.
12. Four foot high masonry wall with landscaping bermed up to it shall be provided to
screen parking spaces from view of Highway 111.
13. Entire site to be provided with walls as required by city.
14. Should any future access drives between parcels be required by the city, this
applicant shall install any that are required on his property.
-2-
PLANNING COMMISSION RESOLUTION NO. 1008
Department of Public Works:
15. Drainage facilities shall be provided, per Ordinance No. 218 and the Master
Drainage Plan, to the specifications of the Director of Public Works.
16. Additional storm drain construction shall be contingent upon a drainage study by
the private engineer.
17. Landscaping maintenance on Frontage Road shall be provided by the property
owner.
18. Complete grading plans and specifications shall be submitted, as required by
ordinance, to the city engineer for checking and approval prior to issuance of any
permits.
19. Only two driveway approaches will be allowed to serve this property. Size and
location to public works specifications.
20. A traffic signal at the entrance to Highway Ill shall be installed. Until signal is
energized, there shall be no access to Highway 111 allowed.
City Fire Marshal:
21. Install a water system capable of delivering 3000/5000 GPM fire flow from any fire
hydrant for a 3 hour duration in addition to domestic supply. The computation shall
be based upon a minimum of 20 psi residual operating pressure in the supply main
from which the flow is measured at the time of measurement. Fire flow
requirements will depend on built-in fire protection provisions of buildings.
22. Install Riverside County super fire hydrants so that no point of any building is more
than 200 feet from a fire hydrant measured along approved vehicular travel ways.
a. exterior surface of hydrant barrels and heads shall be painted chrome
yellow, and the tops and nozzle caps shall be painted green.
b. curbs shall be painted red 15 feet in either direction from each hydrant.
C. hydrants shall not be located closer than 25 feet to any building.
23. Prior to issuance of a building permit, the developer shall furnish the original and
three copies of the water system plan to the Fire Marshal for review. Upon
approval, one copy will be sent to the building department and the original will be
returned to the developer.
24. The water system plan shall be signed by a registered civil engineer and approved
by the water company, with the following certification: "I certify that the design
of the water system in PP 84-40 is in accordance with the requirements prescribed
by the Fire Marshal."
25. Prior to delivery of combustible materials to the building site, the required water
system shall be installed, operating and delivering the required flow.
26. All interior driveway turns must have a 40 foot turning radius.
27. Fire lanes will be required.
28. Additional fire protection requirements may be necessary when applicant submits
specific plans for consideration and approval.
-3-
MINUTES
PALM DESERT PLANNING COMMISSION
OCTOBER 16, 1984
Commissioner Wood asked the distance between the 6 foot wall and the
condominiums. Mr. Sawa replied that there was a buffer of 30 to 60 feet.
Chairman Crites asked if there were any reason not to continue the road. Mr.
Sawa replied that Indian Wells was not interested at this time in extending that
road.
Chairman Crites asked if staff would talk with Indian Wells. Mr. Sawa replied that
he would, and that he would find out if any projects are planned in that area in the
near future.
Chairman Crites asked about the usable open space for the project. Mr. Sawa
demonstrated on the map which areas were open to the sky.
Commissioner Richards asked how many units were proposed per acre. Mr. Sawa
replied approximately 50. Commissioner Richards asked how many units per acre
were allowed for the Granada Royale. Mr. Sawa replied approximately 30, because
this was approved before the density maximum change.
Commissioner Richards expressed concern regarding staff's interpretation of open
space.
Chairman Crites opened the public hearing and asked the applicant to address the
commission.
MR. JOE PISCOTTA, 4470 Park Boulevard - San Diego, told the commission
that the towers on the project were the maximum 35 feet. He felt that any
portion not directly in the sun could be used for shuffle board, lounging
areas, etc.
Chairman Crites asked if the applicant was covering 25% of the open space, 10% of
the total project space. Mr. Piscotta answered yes.
MR. GARY LEEDS, the applicant, indicated that he was very proud of the
project and felt that it would be an asset to Palm Desert.
Commissioner Wood asked the price of the rooms. Mr. Leeds replied between $75
and $90.
Chairman Crites asked if anyone present wished to speak in FAVOR or
OPPOSITION to this project. Hearing none, the public testimony was closed.
Commissioner Wood indicated that the three hotels had received a lot of publicity.
He said that since the citizens' groups had not opposed the project, he would not
either.
Commissioner Downs asked if there was any problem with 50 units per acre. Mr.
Sawa replied that it is permissible. Commissioner Downs indicated that he liked
the open atrium area, but questioned the interpretation of open space.
Commissioner Richards did not agree with staff's interpretation of usable open
space.
Moved by Commissioner Wood to approve the project. The motion died due to a
lack of a second.
Action:
Moved by Commissioner Richards, seconded by Commissioner Downs, continue
hearing to allow applicant time to change plans, and instruct staff to prepare a
resolution of denial with findings per open space noncompliance. Carried 4-0.
D. Continued Case N HOTEL PROPERTIES, Applicant
Request for approval of a precise plan of design to allow
construction of a 116 room hotel and 3,000 square foot
-4-
MINUTES
PALM DESERT PLANNING COMMISSION
OCTOBER 16, 1984
restaurant on 2.27 acres in the PC (4) S.P. zone located on
the south side of Highway 111, approximately 285 feet east
of Shadow Hills Road.
A TEN MINUTE RECESS WAS CALLED AT 3:51 P.M.
Mr. Sawa reviewed the staff report. He explained that staff's was concerned
regarding open space and specified that the findings could not be met in this case.
Staff recommended denial.
MR. GEORGE HOLQUIN, architect, expressed his intent to asked for a
continuance to November 20, to allow time to work with staff.
Action:
Moved by Commissioner Downs, seconded by Commissioner Richards, to continue
this case to the meeting of November 20, 1984. Carried 4-0.
F. Case Nos. C/Z 84-15 and PM 20212 - D do D DEVELOPMENT, Applicant
Request for approval of a change of zone from R-1 (single
family residential) to PC (4) S.P. (resort commercial with
scenic preservation overlay) for approximately .76 acres at
the northwest corner of Fred Waring Drive and Joshua
Road and for approval of a parcel map to create six (6)
parcels on 17.78 acres located on the east side of Highway
111, between Fred Waring Drive and Parkview Drive.
Mr. Sawa reviewed the staff report and recommended approval of the project.
Chairman Crites opened the public testimony and asked the applicant to address
the commission.
MR. CHARLES HAVER, 74-390 Highway III, felt that the conditions were
acceptable except that public work's were broad. He thought they applied
to the precise plan, and not a part of the parcel map. Mr. Cablay explained
that it did not say prior to recordation of final map.
Commissioner Wood asked Mr. Haver if that answered his concerns. Mr.
Haver replied yes.
Mr. Sawa said that that was something that Mr. Haver would show on the
final map.
Chairman Crites asked if anyone present wished to speak in FAVOR or
OPPOSITION to this case. Chairman Crites asked staff if the Highway III access
should be discussed at that time. Staff concurred.
Chairman Crites suggested that a condition be established that any entrance off
Highway III be right-turn only and that provision not be made for a break in the
median for a left-turn lane.
Commissioner Wood asked if this would also apply to PP 84-43. Mr. Cablay replied
yes.
MR. HAVER felt that this should be put to a traffic study. He expressed
concern with the limitations of only right-turns in and at least want a left
turn in.
Mr. Diaz explained that at the present time there were not breaks in any medians.
He noted that the applicant may apply at any time for one in the future.
Commissioner Wood asked Mr. Phillips if granting the change of zone was in any
way contiguous with granting the parcel map. Mr. Phillips responded yes.
Action:
-5-
MINUTES
PALM DESERT PLANNING COMMISSION
OCTOBER 2, 1984
Chairman Crites asked Mr. Sandling if the development would be changed if
Highway III access was prohibited. Mr. Sandling replied that the salability would
change and said he would like access onto Highway 111, which Caltrans had
approved.
MR. SANDLING indicated that the cul-de-sac at from Highway II I could be
dedicated a public street and that it would serve both parcels. Mr. Diaz
indicated that the commission may not want traffic access on Fred Waring
Drive if Highway III had six lanes; he indicated that Caltrans protects
Highway Ill traffic.
Commissioner Wood asked if the commission were to deny this request because of
the lot fronting Highway 111, would it need an opinion saying that this proposal was
unsafe. Mr. Erwin suggested that commission conditionally aprove the project.
Commissioner Wood asked if Mr. McClellan would make the statement that the
proposal was unsafe. Mr. McClellan replied no.
Action:
Moved by Commissioner Downs, seconded by Commissioner Wood, to approve the
findings as presented by staff. Carried 4-0.
Moved by Commissioner Downs, seconded by Commissioner Wood, to adopt
Planning Commission Resolution No. 992, approving PM 16258 Amendment #1,
subject to the conditions as amended. Carried 4-0.
C. Case No. PP 84-39 - GARY LEEDS, Applicant
Request for approval of a precise plan of design to allow
construction of a 109 room hotel in PC (4) S.P. zone on
2.27 acres located on the south side of Highway 111,
approximately 680 feet east of Shadow Hills Road.
Action:
Moved by Commissioner Downs, seconded by Commissioner Wood, to continue this
case until the meeting of October 16, 1984. Carried 4-0.
D. Case No. PP, =OTEL PROPERTIES, Applicant
Request for mapproval of a precise plan of design to allow
construction of a 116 room hotel and 3,000 square foot
restaurant on 2.27 acres in the PC (4) S.P. zone located on
the south side of Highway 111, approximately 285 feet east
of Shadow Hills Road.
E. Case No. PP 84-41 - BROWN BROSCHE FINANCIAL INC. (Super 8 Motel),
Applicant
Request for approval of a precise plan of design to allow
construction of a 70 unit motel on 1.39 acres in the PC (4)
S.P. zone located on the south side of Highway Ill,
approximately 450 feet east of Shadow Hills Road.
Action:
Moved by Commissioner Downs, seconded by Commissioner Wood, to continue both
cases until the meeting of October 16, 1984. Carried 4-0.
F. Case Nos. GPA 84-02, C/Z 84-13, PP 84-33, VAR 84-4. and PMW 84-15 -
MONTEREY PARTNERSHIP, Applicant
Request for approval of a general plan amendment and zone change from
medium density residential R-2 (7) S.P. to Office Professional, a Precise
Plan of Design, setback variance, street vacation and
parcel map waiver, and a Negative Declaration of
-4-
NOTICE OF DETERMINATION
Negative Declaration
TO: (X) Clerk of the Board of Supervisors ( ) Secretary for Resources
County of Riverside 1416 Ninth St., R 1311
4080 Lemon Street Sacramento, CA 91$il + � y�
Riverside, CA 92502 LS
FROM: City of Palm Desert "'d+' % d 1985
73-510 Fred Waring Drive
Palm Desert, CA 92260 EJ+vi 2uiur;�Pd7n� gFR,fiO
a"fY OF s At.M DESERT
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152
of the public resources code.
Project Title/Common Name: Hotel Properties PP 84-40
Date of Project Approval: November 20, 1984
State Clearinghouse Number (if submitted): N/A
Contact Person: Stan Sawa, Principal Planner 1:
Project Location: South side of Highway 111 approximately 285 feet east of Shadow Hills
Road.
Project Description: 129 room hotel on 2.97 acres.
This is to advise that the City of Palm Desert has made the following determinations
regarding the above described project:
I.The project ( ) will, (X) will not, have a significant effect on the
environment.
2. An environmental impact report was prepared for this project pursuant
to the provisions of CEQA. A copy of the environmental impact report may
be examined at the above city hall address.
X A negative declaration was prepared for this project pursuant to the
provisions of CEQA. A copy of the negative declaration may be examined at
the above city hall address.
3. Mitigation measures (X) were, ( ) were not, made a condition of the approval
of the project.
4. A statement of overriding considerations ( ) was, (X) was not, adopted for
this project.
Jk�p�, ��_ yy ����� BOARD OF SUPERVISORS
IyYe1F� ,__.' rip II IJe l
Signature Title � O
Date Received for Filing JAN 2 91985
Please return date-stamped copy in the enclosed envelope. CtERAOt mn UOARC;C SUR[&WSCA$
LN�
[('Lunt,0�1�Rwye.6ide.Slala of C+rk•n;.,
� Aft,4,)�CiJtYJ�_n• ::DSict;Y;'
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a
PLANNING COMMISSION RESOLUTION NO. 1008
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A PRECISE PLAN OF DESIGN FOR A 129 ROOM HOTEL
ON THE SOUTH SIDE OF HIGHWAY 111,
APPROXIMATELY 285 EAST OF SHADOW HILLS ROAD.
CASE NO. PP 84-40
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 2nd day of October, 1984, hold a duly noticed public hearing and continued public
hearings on October 16, and November 20, 1984, to consider the request of HOTEL
PROPERTIES (Continental Inn Hotel) for approval of a precise plan of design to allow
construction of a 129 room hotel on 2.97 acres in the PC (4) S.P. zone located on the south
side of Highway 111, approximately 285 feet east of Shadow Hills Road, more particularly
described as:
Portion of Lot 1, Tract 11883
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the project would not have an adverse impact on the environment and a negative
declaration has been prepared.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, of all interested persons desiring to be heard, said commission did find the
following facts and reasons to exist to justify the granting of said precise plan of design:
1. The design of the precise plan will not substantially depreciate property
values in the vicinity.
2. The precise plan will not unreasonably interfere with the use or enjoyment
of property in the vicinity by the occupants thereof for lawful purposes.
3. The precise plan will not endanger the public peace, health, safety or
general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in this case.
2. That approval of Precise Plan PP 84-40 is hereby granted for reasons subject
to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 20th day of November, 1984, by the following vote, to
wit:
AYES: DOWNS, RICHARDS, WOOD, AND CRITES
NOES: NONE
ABSENT: ERWOOD
ABSTAIN: NONE
FORD CRITES, Chairman
ATTEST: A
RAMON A. DIAZ, Secre
Am
-1-
.1
PLANNING COMMISSION RESOLUTION NO. 1008
CONDITIONS OF APPROVAL
PP 84-40
Department of Environmental Services:
1. The development of the property shall conform substantially with exhibits (Case
No. PP 84-40) on file with the department of environmental services, as modified
by the following conditions.
2. Construction of the total development may be done in phases; however, each
individual phase shall meet or exceed all municipal code requirements to the
degree that the city could consider each phase as a single project.
.3. Construction of said project shall commence within twelve months from the date
of final approval unless an extension of time is granted by the planning commission;
otherwise said approval shall become hull, void and of no effect whatsoever.
4. 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 in force, or which hereafter may be in
force.
5. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Coachella Valley Water District
Palm Desert Architectural Commission
Riverside County Department of Health
City Fire Marshal
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.
6. All existing electrical distribution lines, telephone, cable antenna television, and
similar service wires or cables, which are adjacent to the property being developed
shall be installed underground, if practicable, as a part of the development from
the nearest existing pole not on the property being developed.
7. Adjacent to south property line, a ten foot wide heavily landscaped area shall be
provided; planting to include vertical trees for screening.
8. Existing wall along south property line shall be raised to seven feet provided
property owner of wall agrees; wall extension to match existing wall.
9. Parking lot lighting system shall be designed to comply with municipal code
requirements with light standards to be maximum 20 feet high. Lights to be down-
shining box type light and provided with the shields facing residential properties.
Plans, specifications, computer lighting print-out to be approved by city during
architectural review process.
10. Reciprocal access agreements to be recorded prior to issuance of building permits
between subject property and parcels to east contained in Parcel Map 20217.
11. Tennis court shall be unlit and sunk four feet below grade to the satisfaction of the
city.
12. Four foot high masonry wall with landscaping bermed up to it shall be provided to
screen parking spaces from view of Highway 111.
13. Entire site to be provided with walls as required by city.
14. Should any future access drives between parcels be required by the city, this
applicant shall install any that are required on his property.
-2-
J
PLANNING COMMISSION RESOLUTION NO. 1008
Department of Public Works:
15. Drainage facilities shall be provided, per Ordinance No. 218 and the Master
Drainage Plan, to the specifications of the Director of Public Works.
16. Additional storm drain construction shall be contingent upon a drainage study by
the private engineer.
a
17. Landscaping maintenance on Frontage Road shall be provided by the property
owner.
18. Complete grading plans and specifications shall be submitted, as required by
ordinance, to the city engineer for checking and approval prior to issuance of any
permits.
19. Only two driveway approaches will be allowed to serve this property. Size and
location to public works specifications.
20. A traffic signal at the entrance to Highway Ill shall be installed. Until signal is
energized, there shall be no access to Highway II I allowed.
City Fire Marshal:
21. Install a water system capable of delivering 3000/5000 GPM fire flow from any fire
hydrant for a 3 hour duration in addition to domestic supply. The computation shall
be based upon a minimum of 20 psi residual operating pressure in the supply main
from which the flow is measured at the time of measurement. Fire flow
requirements will depend on built-in fire protection provisions of buildings.
22. Install Riverside County super fire hydrants so that no point of any building is more
than 200 feet from a fire hydrant measured along approved vehicular travel ways.
a. exterior surface of hydrant barrels and heads shall be painted chrome
yellow, and the tops and nozzle caps shall be painted green.
b. curbs shall be painted red 15 feet in either direction from each hydrant.
C. hydrants shall not be located closer than 25 feet to any building.
23. Prior to issuance of a building permit, the developer shall furnish the original and
three copies of the water system plan to the Fire Marshal for review. Upon
approval, one copy will be sent to the building department and the original will be
returned to the developer.
24. The water system plan shall be signed by a registered civil engineer and approved
by the water company, with the following certification: "I certify that the design
of the water system in PP 84-40 is in accordance with the requirements prescribed
by the Fire Marshal."
25. Prior to delivery of combustible materials to the building site, the required water
system shall be installed, operating and delivering the required flow.
26. All interior driveway turns must have a 40 foot turning radius.
27. Fire lanes will be required.
28. Additional fire protection requirements may be necessary when applicant submits
specific plans for consideration and approval.
-3-
t
City of Palm Desert
Department of Environmental Services
Staff Report
TO: Planning Commission
DATE: November 20, 1984, continued from October 16 and 2, 1984
CASE NO: PP 84-40
REQUEST:
Approval of a negative declaration of environmental impact and a precise
plan of design to allow construction of a 129 room hotel on 2.97 acres in the
PC (4) S.P. zone located on the south side of Highway 111, approximately
285 feet east of Shadow Hills Road.
APPLICANT:
HOTEL PROPERTIES
4350 Executive Drive
San Diego, CA 92121
ARCHITECT:
G.E. HOLGUIN & ASSOCIATES, INC.
1955 W. Grant Road, Suite 125
Tuscon, AZ 85745
I. BACKGROUND:
A. PREVIOUS HEARING:
This request was originally heart at the hearing of October 2, 1984. At that
time it was continued to the meeting of October 16, 1984. Due to apparent
problems with the open space provisions the planning commission continued
the hearng to this meeting.
B. REVISED REQUEST:
The applicant originally had proposed a 116 room hotel and 3,000 square foot
restaurant on 2.27 acres. That proposal has been modified deleting the
restaurant and increasing the room count to 129 rooms. The project site
area has been increased from 2.27 to 2.97 acres. This increase was
accomplished by deleting the Brown-Brosche (Super 8) proposal and giving
half of that site to this site. The other half of the site went to the Leeds
Hotel (Vacation Inn) site which was approved by the planning commission on
October 30, 1984.
C. SITE DESIGN AND ARCHITECTURE:
The building location is in approximately the same location as before.
Access drives to the frontage road are also in the same location. Parking
spaces are located to the east of the hotel with some in front of the
building. 142 parking spaces are required and provided under this proposal.
Access to the adjacent lots to the east would still be provided.
The building is now proposed to be a full three stories in height rather than
four stories with a maximum height of 35 feet. The structure would be 101
feet away from the residentially zoned Mountain Villas to the south and
permits a maximum height of 35 feet.
The architectural style of the hotel has been changed from contemporary to
spanish with exterior materials consisting of stucco walls and tile mansard
roofing.
D. LANDSCAPING AND OPEN SPACE:
A partial landscaped front setback would be provided with landscaping
spread throughout the site. There would be an area with a minimum depth
of ten feet for a screening type of landscaping along the south property line.
As required by the PC (4) zone requirements of 40% of the site or 51,737
square feet of open space and outdoor living and recreation area is required.
PP 84-40 CONTINUED
With this request 53,542 square feet of area is provided. This would consist
of large, open to the sky areas. Proposed facilities would consist of a tennis
court, two shuffleboard courts, a large swimming pool and spa, a patio with
covered outdoor ramadas, a water feature and numerous landscaped areas
for seating and walking. The water feature would meander from outside
into the lobby area. Staff is recommending that the tennis court be unlit
and sunk four feet below grade to the city's satisfaction.
II. ANALYSIS:
A. FINDINGS FOR APPROVAL OF PRECISE PLAN:
1. The design of the precise plan will not substantially depreciate
property values in the vicinity.
Justification:
The use would be attractive from a design aspect and compatible
with other uses existing in the vicinity.
2. The precise plan will not unreasonably interfere with the use of or
enjoyment of property in the vicinity of the occupants thereof for
lawful purposes.
Justification:
The surrounding land in the vicinity is zoned for a compatible type of
use and owners would not be deprived the use of their land, nor would
they be negatively impacted by traffic due to improvements to
Highway III and ability to handle increased traffic.
3. The precise plan will not endanger the public peace, health, safety, or
general welfare.
Justification:
The project is designed in a manner that would not endanger the
public peace, health, safety, or general welfare due to compliance
with code requirements and compatibility with surrounding
properties.
Staff feels the findings can be justified in this case.
B. ENVIRONMENTAL REVIEW:
The director of environmental services has determined that the proposed
project will not have an adverse impact on the environment and a Negative
Declaration of Environmental Impact has been prepared.
CONCLUSION:
The project with minor modifications would be acceptable. The open space
proposed would meet code requirements and provide adequate usable area for
guests. Furthermore, access to adjacent projects is provided for insuring an
integrated development with adjacent lots.
IV. RECOMMENDATION:
Staff recommends:
A. Adoption of the findings;
B. Adoption of Planning Commission Resolution No. , approving PP 84-40,
subject to conditions.
V. ATTACHMENTS:
A. Draft Resolution
-2-
PP 84-40 CONTINUED
B. Previous staff report dated October 16, 1984
C. Plans and Exhibits
Prepared by
Reviewed and Approved by
ti
AM
-3-
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A PRECISE PLAN OF DESIGN FOR A 129 ROOM HOTEL
ON THE SOUTH SIDE OF HIGHWAY 111,
APPROXIMATELY 285 EAST OF SHADOW HILLS ROAD.
CASE NO. PP 84-40
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 2nd day of October, 1984, hold a duly noticed public hearing and continued public
hearings on October 16, and November 20, 1984, to consider the request of _HOTEL
PROPERTIES (Continental Inn Hotel) for approval of a precise plan of design to allow
construction of a 129 room hotel on 2.97 acres in the PC (4) S.P. zone located on the south
side of Highway 111, approximately 285 feet east of Shadow Hills Road, more particularly
described as:
Portion of Lot 1, Tract 11883
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the project would not have an adverse impact on the environment and a negative
declaration has been prepared.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, of all interested persons desiring to be heard, said commission did find the
following facts and reasons to exist to justify the granting of said precise plan of design:
1. The design of the precise plan will not substantially depreciate property
values in the vicinity.
2. The precise plan will not unreasonably interfere with the use or enjoyment
of property in the vicinity by the occupants thereof for lawful purposes.
3. The precise plan will not endanger the public peace, health, safety or
general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in this case.
2. That approval of Precise Plan PP 84-40 is hereby granted for reasons subject
to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 20th day of November, 1984, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BUFORD CRITES, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
Am
-1-
PLANNING COMMISSION RESOLUTION NO.
CONDITIONS OF APPROVAL
PP 84-40
Department of Environmental Services:
1. The development of the property shall conform substantially with exhibits (Case
No. PP 84-40) on file with the department of environmental services, as modified
by the following conditions.
2. Construction of the total development may be done in phases; however, each
individual phase shall meet or exceed all municipal code requirements to the
degree that the city could consider each phase as a single project.
3. Construction of said project shall commence within twelve months from the date
of final approval unless an extension of time is granted by the planning commission;
otherwise said approval shall become null, void and of no effect whatsoever.
4. 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 in force, or which hereafter may be in
force.
5. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Coachella Valley Water District
Palm Desert Architectural Commission
Riverside County Department of Health
City Fire Marshal
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.
6. All existing electrical distribution lines, telephone, cable antenna television, and
similar service wires or cables, which are adjacent to the property being developed
shall be installed underground, if practicable, as a part of the development from
the nearest existing pole not on the property being developed.
7. Adjacent to south property line, a ten foot wide heavily landscaped area shall be
provided; planting to include vertical trees for screening.
8. Existing wall along south property line shall be raised to seven feet provided
property owner of wall agrees; wall extension to match existing wall.
9. Parking lot lighting system shall be designed to comply with municipal code
requirements with light standards to be maximum 20 feet high. Lights to be down-
shining box type light and provided with the shields facing residential properties.
Plans, specifications, computer lighting print-out to be approved by city during
architectural review process.
10. Reciprocal access agreements to be recorded prior to issuance of building permits
between subject property and parcels to east contained in Parcel Map 20217.
11. Tennis court shall be unlit and sunk four feet below grade to the satisfaction of the
city.
12. Four foot high masonry wall with landscaping bermed up to it shall be provided to
screen parking spaces from view of Highway 111.
13. Entire site to be provided with walls as required by city.
14. Should any future access drives between parcels be required by the city, this
applicant shall install any that are required on his property.
-2-
PLANNING COMMISSION RESOLUTION NO.
Department of Public Works:
15. Drainage facilities shall be provided, per Ordinance No. 218 and the Master
Drainage Plan, to the specifications of the Director of Public Works.
16. Additional storm drain construction shall be contingent upon a drainage study by
the private engineer.
17. Landscaping maintenance on Frontage Road shall be provided by the property
owner.
18. Complete grading plans and specifications shall be submitted, as required by
ordinance, to the city engineer for checking and approval prior to issuance of any
permits.
19. Only two driveway approaches will be allowed to serve this property. Size and
location to public works specifications.
20. A traffic signal at the entrance to Highway I I I shall be installed. Until signal is
energized, there shall be no access to Highway 111 allowed.
City Fire Marshal:
21. Install a water system capable of delivering 3000/5000 GPM fire flow from any fire
hydrant for a 3 hour duration in addition to domestic supply. The computation shall
be based upon a minimum of 20 psi residual operating pressure in the supply main
from which the flow is measured at the time of measurement. Fire flow
requirements will depend on built-in fire protection provisions of buildings.
22. Install Riverside County super fire hydrants so that no point of any building is more
than 200 feet from a fire hydrant measured along approved vehicular travel ways.
a. exterior surface of hydrant barrels and heads shall be painted chrome
yellow, and the tops and nozzle caps shall be painted green.
b. curbs shall be painted red 15 feet in either direction from each hydrant.
C. hydrants shall not be located closer than 25 feet to any building.
23. Prior to issuance of a building permit, the developer shall furnish the original and
three copies of the water system plan to the Fire Marshal for review. Upon
approval, one copy will be sent to the building department and the original will be
returned to the developer.
24. The water system plan shall be signed by a registered civil engineer and approved
by the water company, with the following certification: "I certify that the design
of the water system in PP 84-40 is in accordance with the requirements prescribed
by the Fire Marshal."
25. Prior to delivery of combustible materials to the building site, the required water
system shall be installed, operating and delivering the required flow.
26. All interior driveway turns must have a 40 foot turning radius.
27. Fire lanes will be required.
28. Additional fire protection requirements may be necessary when applicant submits
specific plans for consideration and approval.
-3-
73-510 FRED WARINQ DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346-0611
September 14, 1984
CITY OF PALM DESERT
LEGAL NOTICE
Case No. PP 84-40
NOTICE IS HEREBY GIVEN that a Hearing will be held before the Palm Desert Planning
Commission to consider a request by HOTEL PROPERTIES (Continental Inn Hotel) for
approval of a precise plan of design to allow construction of a 116 room hotel and 3,000
square foot restaurant on 2.27 acres in the PC(4) S.P. zone located on the south side of
Hwy 111, approximately 285 feet east of Shadow Hills Road, more particularly described
as:
Portion of Lot 1, Tract 11883
Nlk / R
13,�-
300 >aW
PSR..P-.5 ,N
R3 (4) Z-
c•i, S.P. S.P. S;P. -
STATE HIGHWAY
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016 -RI ♦ �R-)'� )Q,��� •' .. :. W CHATEAU NORTH V
P.R.- 4
.� . .J i PEPPER TgEE DRIVE 5CUP-01-74 PD)>
SAID Hearing will be held on Tuesday, October 2, 1984, at 7:00 P.M., at the Palm Desert
Civic Center Council Chamber, 73-510 Fred Waring Drive, Palm Desert, California, at
which time and place all interested persons are invited to attend and be heard.
RAMON A. DIAZ; Secretary
Palm Desert Planning Commission
PUBLISH: Desert Post
September 21, 1984
City of Palm Desert
Department of Environmental Services
Staff Report
TO: Planning Commission
DATE: October 16, 1984, continued from October 2, 1984
CASE NO: PP 84-40
REQUEST:
Approval of a precise plan of design to allow construction of a 116 room
hotel and 3,000 square foot restaurant on 2.27 acres in the PC (4) S.P. zone
located on the south side of Highway 111, approximately 285 feet east of
Shadow Hills Road.
APPLICANT:
HOTEL PROPERTIES
4350 Executive Drive
San Diego, CA 92121
ARCHITECT:
G.E. HOLGUIN & ASSOCIATES, INC.
1955 W. Grant Road, Suite 125
Tuscon, AZ 85745
I. BACKGROUND:
A. DESCRIPTION OF SITE:
The site is relatively flat and vacant except for some native shrubbery.
Right of way for an extension of the frontage road which exists to the west
has previously been dedicated.
B. ADJACENT ZONING AND LAND USE:
North: PC (4) S.P./Hotel
South: PR-6/Condominiums
East: PC (4) S.P./Vacant
West: C-1, S.P./Commercial and Edison Substation
C. GENERAL PLAN LAND USE DESIGNATION:
Resort Commercial.
D. PREVIOUS PERTINENT CASES:
DP 08-81 - JDF FINANCIAL CORPORATION - Development Plan for 168
room condotel on site and land to east, approved on December 16, 1981.
Approval has expired.
TT 11883 - U.S. LIFE SAVINGS AND LOAN ASSOCIATION - Tentative
Tract Map for one lot hotel site, 65 lots for condominiums and 7 single
family lots approved by City Council Resolution No. 78-18. Map recorded in
1978.
DP 11-77B - AFFILIATED CONSTRUCTION COMPANY - Development plan
for 168 hotel units approved by City Council Ordinance No. 172 on
December 1, 1977. Approval has expired.
92 MF - AFFILIATED CONSTRUCTION COMPANY - Design Review case
for 168 hotel units approved by Planning Commission Resolution No. 299 on
November 1, 1977. Approval has expired.
II. PROJECT DESCRIPTION:
A. GENERAL:
The proposed project is a 116 room hotel in a single four story structure.
Additionally, at the front of the hotel in a one story area is a 3000 square
foot restaurant.
PP 84-40 Continued
B. SITE DESIGN, CIRCULATION, AND PARKING:
The structure is located on the front part of the site with the majority of
the parking at the rear. The second, third, and fourth floors span over the
parking lot areas along the east and south sides of the building.
Main access to the site from the frontage road which would be extended
through this property would be near the east property line. A signalized
street access from the frontage road to Highway 11 l would be aligned with
the Granada Royale across the street and have to be operating prior to
opening of the hotel. A second access and service drive is provided at the
west end of the site. Cross access with the properties to the east would be
provided near the rear of the site.
The parking breakdown is as follows:
REQUIRED PARKING:
1.1 per room for 116 rooms = 128 spaces
3000 sq. ft. restaurant = 30 spaces
Total required 158 spaces
PROVIDED PARKING:
116 rooms = 128 spaces
3000 sq. ft. restaurant 15 spaces
Total provided = 143 spaces
The applicant is requesting a 15 space reduction for the restaurant due to
the fact that it can be expected that many restaurant patrons will be
staying in the hotel. This is permissable and similar to what was done for
the Granada Royale and Velvet Turtle across the street.
C. ARCHITECTURE:
The architectural style of the structure would be contempory with exterior
materials consisting of exterior plaster and glass. The major features of the
flat roofed hotel are the horizontal glass windows and four story plus glass
atrium which would also house part of the swimming pool on ground level.
The height of the four story hotel would be 35 feet from existing grade. In
order to get the fourth floor the applicants propose to sink the first story
five feet below existing grade, thus making the structure 40 feet tall, or 35
feet from existing grade.
The original intent of increasing the previous maximum 30 foot height limit
to 35 feet was to allow a potential three story structure with a pitched roof.
This structure does not meet the intent of permitting a 35 foot structure.
D. LANDSCAPING AND OPEN SPACE:
A landscaped front setback would be provided with additional landscaping
_ throughout the site.
The PC (4) zone requirements require that a minimum of 40% of the site
area be developed as usable landscaped open space and outdoor living and
recreation area. This means 40% of the 98,881 square foot site or 39,552
square feet of the ground floor area has to be provided as usable landscaped
open space and outdoor living and recreation area. The applicant has
provided 26,300 square feet of ground level recreation area. For the
balance of the area, the applicant is proposing to use 3 levels of large deck
-2
PP 84-40 Continued
area in the atrium area (4,300 sq. ft.), the balconies for each unit (6,398 sq.
ft.) and an outside deck above the one story restaurant (3,015 sq. ft.). The
total as proposed by the applicant would be 40,013 square feet.
Only the 26,300 square feet (26.6%) of ground level area can be counted
which means the project does not comply with the 40% minimum. However,
the code does permit the PC to modify this requirement through the precise
plan approval. Staff does not believe there are substantial grounds to
permit this modification.
M. ANALYSIS:
A. FINDINGS FOR APPROVAL OF PRECISE PLAN:
1..- The .design of the precise plan will not substantially depreciate
property values in the vicinity.
2. The precise plan will not unreasonably interfere with the use of or
enjoyment of property in the vicinity of the occupants thereof for
lawful purposes.
3. The precise plan will not endanger the public peace, health, safety, or
general welfare.
Staff believes that due to the non-compliance with the usable open space
and recreation requirement and height maximum concept, these above
findings necessary for approval cannot be met.
IV. RECOMMENDATION:
Staff feels the project for lack of compliance with PC (4) development standards is
not. acceptable. The project could undoubtedly be redesigned to comply with
development standards. However, based on the proposed plans, staff recommends:
A. Adoption of Planning Commission Resolution No. , denying PP 84-40.
Should the commission wish to approve this request, the action should be to
instruct staff to prepare for the next meeting the appropriate environmental
documents and resolution with conditions of approval.
V. ATTACHMENTS:
A. Draft Resolution
B. Legal Notice
C. Comments from City Departments and Other Agencies
D. Plans and Exhibits
Prepared by A.
Reviewed and Approved by
Am
-3
(fir e Smartest Address on the Gola Desert ,
PALM DEIERT
CAUMMA
Chamber of cognme .e
GOLF AND TENNIS VACATION CAPITAL OF THE WORLD
n
HIGHWAY I i I AT MONTEREY / PALM DESERT, CALIFORNIA 92260 / (619) 346-6111
DONMCNEILLY, EXECU77VEDIRECTOR
October 10, 1984
Planning Commission
City of Palm Desert
City Hall
Palm Desert, Ca. 92260
Gentlemen:
In recent discussions with Mr. Curt Dunham of Bircher-Dunham Inc., we have been
made aware of pending hotel developments for Palm Desert with which they are
associated.
We have been apprised of their general construction, visual properties and of the
rate structure which they will carry.
We trust you will be receptive to the rapidly growing need for additional hotel rooms
in our City, particularly in the middle to upper middle price ranges...which these 3
proposed developments are going to fulfill.
Palm Desert City's recent cooperative effort (along with 5 other cities) with the
newly formed Desert Resort Communities Convention and Visitors Bureau, certainly
tends to amplify the need for Palm Desert to provide new hotel facilities
We trust you will make a correct decision as you have in the past concerning this
elemental need for a continuing healthy economy in our City.
SUN-cerely,
I
Don Mc Neilly, Executive Director / a
I
I
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City of Palm Desert
Department of Environmental Services
Staff Report
TO: Planning Commission
DATE: October 16, 1984, continued from October 2, 1984
CASE NO: PP 84-40
REQUEST:
Approval of a precise plan of design to allow construction of a 116 room
hotel and 3,000 square foot restaurant on 2.27 acres in the PC (4) S.P. zone
located on the south side of Highway 111, approximately 285 feet east of
Shadow Hills Road.
APPLICANT:
HOTEL PROPERTIES
4350 Executive Drive
San Diego, CA 92121
ARCHITECT:
G.E. HOLGUIN & ASSOCIATES, INC.
1955 W. Grant Road, Suite 125
Tuscon, AZ 85745
I. BACKGROUND:
A. DESCRIPTION OF SITE:
The site is relatively flat and vacant except for some native shrubbery.
Right of way for an extension of the frontage road which exists to the west
has previously been dedicated.
B. ADJACENT ZONING AND LAND USE:
North: PC (4) S.P./Hotel
South: PR-6/Condominiums
East: PC (4) S.P./Vacant
West: C-1, S.P./Commercial and Edison Substation
C. GENERAL PLAN LAND USE DESIGNATION:
.Resort Commercial.
D. PREVIOUS PERTINENT CASES:
DP 08-81 - JDF FINANCIAL CORPORATION - Development Plan for 168
room condotel on site and land to east, approved on December 16, 1981.
Approval has expired.
TT 11883 - U.S. LIFE SAVINGS AND LOAN ASSOCIATION - Tentative
Tract Map for one lot hotel site, 65 lots for condominiums and 7 single
family lots approved by City Council Resolution No. 78-18. Map recorded in
1978.
DP 11-77B - AFFILIATED CONSTRUCTION COMPANY - Development plan
for 168 hotel units approved by City Council Ordinance No. 172 on
December 1, 1977. Approval has expired.
92 MF - AFFILIATED CONSTRUCTION COMPANY - Design Review case
for 168 hotel units approved by Planning Commission Resolution No. 299 on
November 1, 1977. Approval has expired.
II. PROJECT DESCRIPTION:
A. GENERAL:
The proposed project is a 116 room hotel in a single four story structure.
Additionally, at the front of the hotel in a one story area is a 3000 square
foot restaurant.
PP 84-40 Continued
B. SITE DESIGN, CIRCULATION, AND PARKING:
The structure is located on the front part of the site with the majority of
the parking at the rear. The second, third, and fourth floors span over the
parking lot areas along the east and south sides of the building.
Main access to the site from the frontage road which would be extended
through this property would be near the east property line. A signalized
street access from the frontage road to Highway III would be aligned with
the Granada Royale across the street and have to be operating prior to
opening of the hotel. A second access and service drive is provided at the
west end of the site. Cross access with the properties to the east would be
provided near the rear of the site.
The parking breakdown is as follows:
REQUIRED PARKING:
1.1 per room for 116 rooms 128 spaces
3000 sq. ft. restaurant = 30 spaces
Total required 158 spaces
PROVIDED PARKING:
116 rooms = 128 spaces
3000 sq. ft. restaurant = 15 spaces
Total provided = 143 spaces
The applicant is requesting a 15 space reduction for the restaurant due to
the fact that it can be expected that many restaurant patrons will be
staying in the hotel. This is permissable 'and similar to what was done for
the Granada Royale and Velvet Turtle across the street.
C. ARCHITECTURE:
The architectural style (if the structure would be contempory with exterior
materials consisting of exterior plaster and glass. The major features of the
flat roofed hotel are the horizontal glass windows and four story plus glass
atrium which would also house part of the swimming pool on ground level.
The height of the four story hotel would be 35 feet from existing grade. In
order to get the fourth floor the applicants propose to sink the first story
five feet below existing grade, thus making the structure 40 feet tall, or 35
feet from existing grade.
The original intent of increasing the previous maximum 30 foot height limit
to 35 feet was to allow a potential three story structure with a pitched roof.
This structure does not meet the intent of permitting a 35 foot structure.
D. LANDSCAPING AND OPEN SPACE:
A landscaped front setback would be provided with additional landscaping
throughout the site.
The PC (4) zone requirements require that a minimum of 40% of the site
area be developed as usable landscaped open space and outdoor living and
recreation area. This means 40% of the 98,881 square foot site or 39,552
square feet of the ground floor area has to be provided as usable landscaped
open space and outdoor living and recreation area. The applicant has
provided 26,300 square feet of ground level recreation area. For the
balance of the area, the applicant is proposing to use 3 levels of large deck
_2
PP 84-40 Continued
area in the atrium area (4,300 sq. ft.), the balconies for each unit (6,398 sq.
ft.) and an outside deck above the one story restaurant (3,015 sq. ft.). The
total as proposed by the applicant would be 40,013 square feet.
Only the 26,300 square feet (26.6%) of ground level area can be counted
which means the project does not comply with the 40% minimum. However,
the code does permit the PC to modify this requirement through the precise
plan approval. Staff does not believe there are substantial grounds to
permit this modification.
III. ANALYSIS:
A. FINDINGS FOR APPROVAL OF PRECISE PLAN:
1. The design of the precise plan will not substantially depreciate
property values in the vicinity.
2. The precise plan will not unreasonably interfere with the use of or
enjoyment of property in the vicinity of the occupants thereof for
lawful purposes.
3. The precise plan will not endanger the public peace, health, safety, or
general welfare.
Staff believes that due to the non-compliance with the usable open space
and recreation requirement and height maximum concept, these above
findings necessary for approval cannot be met.
IV. RECOMMENDATION:
Staff feels the project for lack of compliance with PC (4) development standards is
not acceptable. The project could undoubtedly be redesigned to comply with
development standards.. However, based on the proposed plans, staff recommends:
A. Adoption of Planning Commission Resolution No: , denying PP 84-40.
Should the commission wish to approve this request, the action should be to
instruct staff to prepare for the next meeting the appropriate environmental
documents and resolution with conditions of approval.
V. ATTACHMENTS:
A. Draft Resolution
B. Legal Notice
C. Comments from City Departments and Other Agencies
D. Plans and Exhibits
Prepared by - �
Reviewed and Approved by
Am
-3
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, DENYING
A PRECISE PLAN OF DESIGN FOR A 116 ROOM HOTEL
ON THE SOUTH SIDE OF HIGHWAY 111,
APPROXIMATELY 285 FEET EAST OF SHADOW HILLS
ROAD.
CASE NO. PP 84-40
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 16th day of October, 1984, hold a duly noticed public hearing to consider the request
of HOTEL PROPERTIES (Continental Inn Hotel) for approval of a precise plan of design to
allow construction of a 116 room hotel and 3,000 square foot restaurant on 2.27 acres in
the PC (4) S.P. zone located on the south side of Highway 111, approximately 285 feet
east of Shadow Hills Road, more particularly described as:
Portion of Lot 1, Tract 11883
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, of all interested persons desiring to be heard, said commission did find the
following facts and reasons to exist to justify the denying of said precise plan of design:
1. The project as proposed does not comply with the applicable usable
landscaped open space and outdoor living and recreation area requirements
for development of a hotel.
2. The height and number of stories does not comply with the intent of height
requirements.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in this case.
2. That approval of Precise Plan PP 84-40 is hereby denied.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16th day of October, 1984, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BUFORD CRITES, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
Am
-1-
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346-0611
September 14, 1984
CITY OF PALM DESERT
LEGAL NOTICE
Case No. PP 84-40
NOTICE IS HEREBY GIVEN that a Hearing will be held before the Palm Desert Planning
Commission to consider a request by HOTEL PROPERTIES (Continental Inn Hotel) for
approval of a precise plan of design to allow construction of a 116 room hotel and 3,000
square foot restaurant on 2.27 acres in the PC(4) S.P. zone located on the south side of
Hwy 111, approximately 285 feet east of Shadow Hills Road, more particularly described
as:
Portion of Lot 1, Tract 11883
5100 13, P.R.-5 IN F
S.P.
W
W
R-3(4) R-3 (4
P.C.F4) ,P. FC;P.
c•I, s.v. S. S:P. -
5TATE HIGHWAY
C-I, S.P. C-I, C S.
R-3 (4) S P
R-3 R-3 r ROJECT SITE
W
R
, � .. � . ,
(3) MP 11-77) o
3 W V
-
•N L W
S • i2-'I • •,R-F- IO,000 •' �•. �- W 'ENpTEAU NORTN' 0 -
P.R.-4
-� •j REPIER TREE DRIVE 8,(CUP-01-74 PD)s
SAID Hearing will be held on Tuesday, October 2, 1984, at 7:00 P.M., at the Palm Desert
Civic Center Council Chamber, 73-510 Fred Waring Drive, Palm Desert, California, at
which time and place all interested persons are invited to attend and be heard.
RAMON A. DIAZ, Secretary
Palm Desert Planning Commission
PUBLISH: Desert Post
September 21, 1984
a Smartest Address on the Gol Desert
PALM DO/111T
COUMNIA
Clmmbee OE Commelor-
DGOLF AND TENNIS VACATION CAPITAL OF THE WORL - ---
n
HIGHWAY 111 AT MONTEREY/ PALM DESERT, CALIFORNIA 92260 / (619) 346-6111
DON MC NEILLY, EXECUTIVE DIRECTOR
October 10, 1984 .
Planning Commission
City of Palm Desert
City Hall
Palm Desert, Ca. 92260 -
Gentlemen:
In recent discussions with Mr. Curt Dunham of BircherDunham Inc., we have been
made aware of pending hotel developments for Palm Desert with which they are
associated.
We have been apprised of their general construction, visual properties and of the
rate structure which they will carry.
We trust you will be receptive to the rapidly growing need for additional hotel rooms
in our City, particularly in the middle to upper middle price ranges...which these 3
proposed developments are going to fulfill.
Palm Desert City's recent cooperative effort (along with 5 other cities) with the
newly formed Desert Resort Communities Convention and Visitors Bureau, certainly
tends to amplify the need for Palm Desert to provide new hotel facilities.
We trust you will make a correct decision as you have in the past concerning this
elemental need for a continuing healthy economy in our City.
SUN-cerely,
Don Mc Neilly, Executive Director
I
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TABULATIONS:
SITE PLAN
HOTEL lt6 ROOMS 128 PARKING SPACES 1:20 �j�'NORTH
RESTAURANT 3000 SO.FT. 15 PARKING SPACES
143 PARKING SPACES
CONTENTAL INN
PALM DESERT, CALIFORNIA
f
I
CONTINENTAL INN HOTEL
Palm Desert, California
I N F O R M A T I O N S H E E T
OWNER: Earl Gagosian
Hotel Properties
4350 Executive Drive ` r,,n ,�
San Diego, CA 92121 " ,
DESIGNER: George E. Holguin & Associates, Inc.
1955 West Grant Road ��
Suite 125 =Pi L'iRONfq LPlLgL SI_k', iCFc
Tucson, AZ 85745 Cf7'y C'r P,4LA7
Land Area: 2.27 Acres or 98,881. 21
Ratio (Structures to Total Land) : .13
Ratio (Parking Spaces to Building Square Footage) : 4.6-
Parking Required: Hotel - 116 rooms 128 spaces
Restaurant - 3000 sq. ft. 15 spaces
143 spaces
Parking Provided: 143 spaces
Ratio (Landscaping to Total Land Area) : .26
Area of Paving: 57,050 sq. ft.
Actual Bldg. coverage (1st. floor only) : 11,925 sq. ft.
Ground level Recreation Area: 26,300 sq. ft.
Parking Lot Landscape area:
3,606 sq. ft. �
Usable Recreational Space within Bldg. Proper:
1. Deck in Atrium @ 3 levels 4,300 sq. ft.
2. Balconies @ each unit 6,398 sq. ft.
3. Deck above restaurant 3,015 sq. ft.
26,300 sq. ft .
TOTAL: 40,013 sq. ft.
Overall Open Space Required: 39,552 sq. ft .
E CT
NAME
GL1OLQV1 \ L
A�A)ME rnrnrnC. DRAWN pP pOEJ ECT
pYeNChitgclsanti Plonnefs
B 13f52 NMEp
Tucson. A., 35732-3152 CHECK
NUMBEp '
i
4
e w-. RIVERSIDE COUNTY �EOf CA�4f f
FIRE DEPARTMENT
+ IN COOPERATION WITH THE
C LINTY �? CALIFORNIA DEPARTMENT OF FORESTRY `n
_ RIVERSID .,....+;
DAVID L.FLAKE
FIRE CHIEF 210 WEST SAN JACINTO AVENUE
September 7, 1984 PERRIS,CALIFORNIA 92370
TELEPHONE:(714)657.3183
Ramon Diaz V ANCHO MIRAGE FIRE STATION
City of Palm Desert s , 8W HIGHWAY 111
73-510 Fred Waring Drive RANG 1'AIRAGE CA 92270
Palm Desert, CA 92260 �'0NI ")a
FrUIgP 01,9
Reference: No. PP 84-40, Applicant: Continental Irin o �ervrq ��
P441k;C SE/?
Dear Mr. Diaz, ossFRles
The following fire protection requirements are in accordance with the Uniform Fire
Code and Life Safety standards.
1 . Install a water system capable of delivering 3000/5000 GPM fire flow from any
fire hydrant for a 3 hour duration in addition to domestic supply. The computation
shall be based upon a minimum of 20 psi residual operating pressure in the supply
main from which the flow is measured at the time of measurement. Fire flow require-
ments will depend on built-in fire protection provisions of buildings .
2. Install Riverside County super fire hydrants so that no point of any building is
more than 200 feet from a fire hydrant measured along approved vehicular travel
ways.
J1, a. exterior surface of hydrant barrels and heads shall be painted chrome yellow,
and the tops and nozzle caps shall be painted green.
b. curbs shall be painted red 15 feet in either direction from each hydrant.
c. hydrants shall not be located closer than 25 feet to any building.
3. Prior to issuance of a building permit, the developer shall furnish the original
and three copies of the water system plan to the Fire Marshal for review. Upon
approval , one copy will be sent to the Building Department, and the original will
be returned to the developer.
4. The water system plan shall be signed be a registered civil engineer and approved
by the water company, with the following certification: "I certify that the design
of the water system in PP 84-80 is in accordance with the requirements prescribed
by the Fire Marshal . "
5. Prior to delivery of combustible materials to the building site, the required water
system shall be installed, operating and delivering the required flow.
6. All interior driveway turns must have a 40 foot turning radius .
7. Portico must have 13'6" height clearance.
Ramon Diaz 9/7/84
PP 84-80 Page 2.
8. Fire lanes will be required in designated areas.
9. Additional fire protection requirements may be necessary when applicant
submits specific plans for consideration and approval .
Very truly yours,
GLEN J. NEWMAN
Acting
cting, County
Fire Chi ef, ^ n
By, MIKE MCCONNELL
Fire Marshal
dpm
cc: Jim Zimmerman
CVWD
INTEROFFICE MEMORANDUM
City of Palm Desert
TO: Director of Environmental Services ,
FROM: Director of Public Works
SUBJECT: PP 84-40 - Continental Inn Hotel DATE: September 11, 1984
The following should be considered conditions of approval :
Qz,( e��Q Drainage and signalization fund fees, as required by City ordinance, shall
"� be paid prior to permit issuance.
2) Drainage facilities shall be provided, per Ordinance No. 218 and the Master
Drainage Plan, to the specifications of the Director of Public Works.
3) Additional storm drain construction shall be contingent upon a drainage study
by the private engineer.
4) Landscaping maintenance on Frontage Road shall be provided by the property
owner.
5) Complete grading plans and specifications shall be submitted, as required by
ordinance, to the City Engineer for checking and approval prior to issuance
of any permits.
6) Only 2 driveway approaches will be allowed to serve this property. Size and
location to Public Works specifications.
7) Traffic signal must be energized prior to .opening of hotel .
Barry Clellan, P.E.
ARC:BM/lo
r
V01ROP1��EpA DESERTS
rtT'i OF
Mountain Villas Homeowners Association
c/o/ J & W Management
73320 E1 Paseo
Palm Desert , Ca 92260
October 12 , 1984
Planning Commission
City of Palm Desert
City Hall
Palm Desert , Ca 92260
Re : Hotel development 7. 27 acres
Dear Gentlemen :
I am satisfied with the efforts made by Birthcher Dunham in regards
to set back from the rear wall of our property and the raising of
the wall three feet and the incorporation of the ten feet of green
area along the rear wall between our properties .
I feel this development should increase the proeprty values for our
development .
I would like to recommend to the Planning Commission that they
approve this project .
Very tr 1 yours ,
GZ C .
Mark Simon
Mountain Villas Homeowners Association
secretary/treasurer
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346-0611
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: October 4, 1984
HOTEL PROPERTIES G.E. HOLGUIN & ASSOCIATES, INC.
4350 Executive Drive 1955 W. Grant Road, Suite 125
San Diego, CA 92121 Tuscon, AZ 85745
Re: PP 84-40
The Planning Commission of the City of Palm Desert has considered your request and
taken the following action at its meeting of October 2, 1984.
CONTINUED TO OCTOBER 16, 1984, AT 2:00 P.M.
Any appeal of the above action may be made in writing to the director of environmental
services, City of Palm Desert, within fifteen (15) days of the date of the decision.
\' A,,
RAMON A. DIAZ, SECRETARY
PLANNING COMMISSION
RAD/tgm
cc: File(s)
City of Palm Desert
Staff Report
TO: Planning Commission
DATE: October 2, 1984
CASE NO: PP 84-40
REQUEST: Approval of a precise plan of design to allow construction of a 116 room
hotel and 3,000 square foot restaurant on 2.27 acres in the PC (4) S.P. zone
located on the south side of Highway 111, approximately 285 feet east of
Shadow Hills Road.
APPLICANT: HOTEL PROPERTIES
4350 Executive Drive
San Diego, CA 92121
ARCHITECT: G.E. HOLGUIN & ASSOCIATES, INC.
1955 W. Grant Road, Suite 125
Tuscon, AZ 85745
I. DISCUSSION:
The applicant has verbally asked for a two weeks continuance to the meeting of
October 16, 1984, at 2:00 p.m.
II. RECOMMENDATION:
Staff recommends that the continuance be granted to the meeting of October 16,
1984.
Prepared by:
tm
- 1 -
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346-0611
September 14, 1984
CITY OF PALM DESERT
LEGAL NOTICE
Case No. PP 84-40
NOTICE IS HEREBY GIVEN that a Hearing will be held before the Palm Desert Planning
Commission to consider a request by HOTEL PROPERTIES (Continental Inn Hotel) for
approval of a precise plan of design to allow construction of a 116 room hotel and 3,000
square foot restaurant on 2.27 acres in the PC(4) S.P. zone located on the south side of
Hwy 111, approximately 285 feet east of Shadow Hills Road, more particularly described
as:
Portion of Lot 1, Tract 11883
5 no 131 ,
-
W
W
R-3(4) R-3 (4
c•i, s.v. S.P. S:P. -
5TATE HIGHWAY
C-11 S. P. C-I,
R-3 (4) S P -
x p O
k: R JE
-. R-3
= b CT Src
-R < R3 H C W
SAG R PR.-6 -
a
1 _ ( ) (CLP 11-77) o
3 'I ft•I+ I tea.
y AMULLWVQU
-CHATEAU NORTN'
P.R.-4 <
PEPPER TREE DRIVE d=(CUP-01-74 PD)i,•-
SAID Hearing will be held on Tuesday, October 2, 1984, at 7:00 P.M., at the Palm Desert
Civic Center Council Chamber, 73-510 Fred Waring Drive, Palm Desert, California, at
which time and place all interested persons are invited to attend and be heard.
RAMON A. DIAZ, Secretary
Palm Desert Planning Commission
PUBLISH: Desert Post
September 21, 1984
CONTINENTAL INN HOTEL
Palm Desert, California
I N F O R M A T I O N S H E E T
OWNER: Earl Cagosian
Hotel Properties
4350 Executive Drive �
San Diego, CA 92121
DESIGNER: George E. Holguin & Associates, Inc. ` E P 2 / 1984
1955 West Grant Road
Suite 125 ENVIRONMENTAL SERVICES
Tucson, AZ 85745 CIfY OF PALM DESERT
Land Area: 2.27 Acres or 98,881.2'
Ratio (Structures to Total Land) : .13
Ratio (Parking Spaces to Building Square Footage) : 4.6' j
M
Parking Required: Hotel - 116 rooms 128 spaces
Restaurant - 3000 sq. ft. 15 spaces
143 spaces
Parking Provided: 143 spaces
/*-
Ratio (Landscaping to Total. Land Area) : .26
Area of Paving: 57,050 sq. ft.
Actual Bldg, coverage (1st. floor only) : 11,925 sq. ft.
Ground level Recreation Area: 26,300 sq. ft.
Parking Lot Landscape area: 3,606 sq. ft.
Usable Recreational Space within Bldg. Proper: .
1. Deck in Atrium @ 3 levels 4,300 sq. ft.
2. Balconies @ each unit 6,398 sq. ft.
3. Deck above restaurant 3,015 sq. ft.
26,300 sq. ft.
TOTAL: 40,013 sq. ft.
Overall Open Space Required: 39,552 sq. ft .
G L. f OLG[`��Il�i� NAME
aa�'` CT
�CW16 " ` . DRAWN DATE DAAWI
`ichdecfs ano Planners - NUMBER
`r'O Box 13152 CHECK VA IJE.CT
Tucscn,Az 35732-3152 NUMBER
1
�G'CO•SiE MEDIAN LINE
1
5 1 eoTiirvE ram, ..
\., TRASH
AECEPTACL�
r
_ LOADING
9 UNIT 1
STAIRS I y
RESTAURANT r/
1 .
IUNIT / \ 6 UNIT
MECHANICALSAA
O NE
'fir- 14 }—.I ES IN OR OMS WoS
IUMJ POOL
IIA
AY
RECEPTION j:
24rDRIVE C=C> ,
�0�_ � e
TABULATIONS: ICI
SITE PLAN
MOTEL 118 ROOMS 128 PARKING SPACES
1:20 NORTH
RESTAURANT 3000 SO. FT. 15 PARKING SPACES -
I
143 PARKING SPACES
CONTENTAL INN
PALM DESERT, CALIFORNIA
PROOF OF PUB�ATION This space Is fortk ^.ounty Clerk's Filing Stamp
(2015.5 C.C.
STATE OF CALIFORNIA, SEP 2 7 1984
County of Riverside
c�
6-, ENVIRONMENTAL SERVICES
r:- CITY, OF. PALM DESERT
I am a Citizen of the United States and a CITY OP_PAUN DESERT
resident of the County aforesaid; I am over `'
the age of eighteen years, and not a party to Proof of POblication of:::io
or interested in the above-entitled matter. I m
8'
am the principal clerk of the printer of the CASENO'PP 4•-40-� . .. uT7•...•• rs...................................
QI
............RF+SFrR� .RQ§.T...................... 1�...... . . .. ....1. y. .
CRY OF PALM•DESERT
..............................................:..... LEGAL NOTICE
a newspaper of general circulation, printed Caaallo.PP8410
NOTICE IS HEREBY GIVEN that a
Hearing will be,heto before the Peen
and published ....Bi-weekly Desen Panne Co n�kaan 1a
consider a r uest HOTEL
PROPERTIES (Contlnenal Inn
p q HoteB to,approwsl of a precise plan
in the City of ...f.�}R...D.SBe rt of design io allow comstfucllon oft
116 room hotel and 3.000 sought
County of Riverside, and which news- IM restaurant on 227 acres In the
paper has been adjudged a newspaper side(ofP". located
mates
of general circulation by the Superior 285 fast east of Shadow Hills Road,
more particularly described as:
Court of the County of Riverside, State of Portion of Lot l_Tract 111583
SAID HearfriB will be held on Tun-
day.Octup,r 2.1984.at 7A0 P.M., lI
California, under thedateof..}0(5,, 19 .6.4 at Ill, PAIm Desert CMc rental
_ Councll Chsmbe,. 73 S10 Fred
Waring Drive. Palm Desert.
Case Number 83658 ;thatthenotice, �Illes•emsla t Personlmeeti era nd Pa e
mbedIs
which
all ina
of which the annexed is a printed copy (set attend end be h¢a RAMONA.OIAZ
in type not smaller than nonpareil), has P Boa try
been published in each regular and entire Planning Commission
issue of said newspaper and not In any (Pub Se,D.P. pt 21,19841
supplement thereof on the following dates,
to-wit:
9/21/84
..................................6.................
all in the year 19..94.
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated at...... Palm Desert
................................
California,this lst ..day of Sept;, 1984,.
iSignature
pr"caploa of III NORM Mrm mow be NGpfN from
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
120 West Second St., Los Angeles, Calif. 90012
Telephone: (213) 625.2641
1N000 ropYu7 06 1019■AL Proof N PaRbOU11M
r11M Ord"A4111/0 We-
CITY OF FALM DESERT
MORI RECEW 9014
RECEIVED OF:
/gpp el,
DATEZ��QQ AMOUNT 0 -0
FOR /-/= 4/�Y'D V- Z�I.
RECEIVED: CITY TREASURER
BY:
ACCOUNT AMOUNT
CHECKS ACCEPTED SUBJECT TO BANK CLEARANCE
PAYOR
73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260
TELEPHONE (619) 346-0611
REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL
CASE NON:
PROJECT: r0ALT14/ENTi)L /,4/N f/OTEL
APPLICANT:
Enclosed please find materials describing a project for which the llowing Is being\l
requested: �av-57:POCTion/ OF A //W/ &tI17 NoTFL�-�/ fJ
ZDN� IDIAT�� ON 7.9,,
DF 72F�v7477✓F �R�ez f�4P Zoz17 LocgrF� a� T,yr
I/tvy. /// 7D0 FEET EirsT of 1JE�i Cy✓
/l�fo dES«�BE� ,qs 14- P. N. 63D- 4/30 - 06e a''06/
The attached data was prepared by the applicant and is being forwarded to you for
comments and recommended conditions of approval. The city is Interested in the probable
impacts on the environment (including land, air, water, minerals, flora, fauna, noise
objects of historical or aesthetic significance) and recommended conditions of approval
based on your expertise and area of concern.
Your comments and recommended conditions of approval must be received by this office
prior to 4:30 p.m. 9- 7 , in order to be discussed by the land division
Committee. The land division committee (comprised of director of environmental
services, city building official, city engineer, fire marshal and a representative of CVWD)
will discuss the comments and recommended conditions of approval and will forward them
to the planning commission through the staff report. Any information received by this
office after the receipt deadline will not be discussed by the land division committee.
Sincerely,
RAMON A. DIAZ
DIRECTOR OF ENVIRONMENTAL SERVICES
RD/Ir
Attachments
PLEASE RETURN MAP WITH COMMENTS
Yv
CONTINENTAL INN HOTEL
Palm Desert, California
I N F O R M A T I O N S H E E T
OWNER: Earl Gagosian
Hotel Properties
4350 Executive Drive
San Diego, CA 92121
DESIGNER: George E. Holguin & Associates
1955 West Grant Road .
Suite 125
Tucson, AZ 85745
Land Area: 2.27 Acres or 98,,881.2.'
Ratio (Structures to Total Land) : .13
'Ratio (Parking Spaces to Building Square Footage) : 4.6 l
Parking Required.: 143 Spaces
Parking Provided;: 143- Spaces. - -
,Ratio (Landscapi'ng to Total..Land Area); ;26
Area of Parking: 60,194- square feet
Actual Building Coverage (First Level Only) 1.2,886.5 square feet
Open Area: 22,195 square feet -
(Passive) Open Area: 3,606.4 square feet
Not included in Open: Area Calculations :
1. Deck @ 3 Levels in Atrium = 9 ,048 square feet
2. Balconies @ Each Unit = 3,600 square feet -
3. Deck Above Restaurant = 3,000 square feet
Overall Gross Open Space Provided = 41,449 square feet
G E. I�OLG[1IN PROJECT
/j(���CQ�\JC�/{{{��j\mt NAME
"'"�� '�M INC DRAWN DATE DRAWING
Fvchdects and Planners NUMBER
PO BOX 13152 CHECK PROJECT
Tucson, AZ 85732-3152 NUMBER
EXACT LEGAL DESCRIPTION OF PROPERTY
(3 Copies)
Y.
�fl (ZC4e 1
TAKc-tL
-2 r
Legal Description Approved by:
Date:
STATEMENTS SUPPORTING THE REQUESTED PRECISE PLAN
(15 Copies)
Please state why the proposed precise plan should be approved based upon public
necessity, general welfare, or good zoning practice.
G o K fo (Oil +O /V -4 Gc1 ( L L
L Ar
9 L
GeAl a bus /.vpSS I
17
e C, IYtAKe n UA cA /v7-' /7A R C { L v
-�
, U ,
I
a
CERTIFICATION OF PROPERTY OWNERS LIST
(To be filled out by applicant)
CITY OF PALM DESERT
Department of Environmental Services
45-275 Prickly Pear Lane
Palm Desert, CA, 92260,
Subject:
Gentlemen:
I' do hereby certify, under penalty of
perjury, that the attached list sets forth the names and addresses of the following persons
as they appear on the last equalized assessmeht roll of the Riverside County Assessor.
Sincerely,
Printed Name
Address
Phone Number
Dated in the City of
California.
Signature
9MA) C/44147
IIA U-C 7
l SSlo �v 6S�
CASE NO .
t7MIRONMENTAL SERVICES DEPT .
INITIAL STUDY
ENVIRONMENTAL EVALUATION CHECKLIST
NOTE: The availability of data necessary to address the topics listed
below shall form the basis of a decision as to whether the
application is considered complete for purposes of environmental
assessment.
ENVIRONMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers , possible mitigation
measures and comments are provided on attached sheets) .
Yes Maybe No
i
1 . Earth. Will the proposal result in:
a. Unstable earth conditions or in changes in
geologic substructures?
b. Disruptions , displacements , compaction , or V _ __
overcovering of the soil ?
c. Change in topography or ground surface re lief /
features?
d . The destruction, covering ,, or modification
of any unique geologic or physical features?
e. Any increase in wind or water erosion of
soils , either on or off the site?
2. Air. Will the proposal result in:
a . Air emissions or deterioration of ambient air
qua 1 i ty?
b. The creation of objectionable odors?
c . Alteration of air movement., moisture , or
temperature , or any change in clinmte ,
either locally or regional iyn _--
L
Yes Maybe No
3. Water. ' Will the proposal result in:
a. Changes in currents , or the course or
direction of water movements?
b. Changes in absorption rates , drainage
patterns, or the rate and amount of /
surface water runoff?
c. Alterations to the course or flow of
flood waters?
d. Alteration of the direction or rate of
flow of ground waters? .
e. Change in the quantity of ground waters,
either through direct additions or .with-
drawals , or through interception. of an
aquifer by cuts or excavations?
f. Reduction in the amount of water other-
wise available for public water supplies? ✓
4. Plant Life. Will the proposal result in:
a. Change in the diversity of species , or
numbers of any species of plants
(including trees, shrubs , grass , and
crops)?
b. Reduction of the numbers of any unique, rare, /
or endangered species of plants? ✓
c. Introduction of new species of plants into
an area , or in a barrier to the normal /
replenishment of existing species?
5: Animal Life. Will the proposal result in:
a . Changes in the diversity of species , or
numbers of any species of animals (birds ,
land animals including reptiles , or
insects)?
b. Reduction of the numbers of any .unique,
rare, or endangered species of animals?
c. Introduction of new species of animals
into an area , or result in a barrier to
the migration or movement of animals? V
d . Deterioration to existing wildlife — —
habitat?
3.
Yes Maybe No
6. Natural Resources. Will the proposal result in:
a. Increase in the rate of use of any natural /
resources? V
b. Depletion of any non-renewable natural
resource? Vol
7. Energy. Will the proposal result in:
a. Use of substantial amounts of fuel or energy?
b. Demand upon existing sources of energy, or re-
quire the development of new sources of
energy? — —
8. Risk of Upset. Does the proposal involve. a
risk of`an explosion or the release of
hazardous substances (including, but not limited
to, pesticides , oil , chemicals , or radiation) in —the event of an accident or upset conditions?
9. Economic Loss . Will the proposal result in:
a. A change in the value of Property and
improvements endangered by flooding?
b. A+.change in the value of property and
improvements exposed to geologic hazards —beyond accepted community risk standards?
10. Noise. Will the proposal increase existing
noise levels to the point at which accepted
community noise and vibration levels are /
exceeded?
11. Land Use. Will the proposal result in the
a tT eration of the present developed or --
planned land use of an area?
12. Open Space. Will the proposal lead to a
decrease in the amount of designated open
space?
13: Po ulation. Will the proposal result in:
a. Alteration of the location, distribution ,
density , or growth rate of the human
population of the City? V
b. Change in the population distribution by
age , income , religion , racial , or ethnic
group , occupationdl class , household type?
4.
Yes Maybe No
14. Employment. Will the proposal result in
additional new long-term jobs provided, or a
change in the number and per cent employed,
unemployed, and underemployed?
15. Housing. Will the proposal. result in:
a. Change in number and per cent of housing
units by type (price or rent range,
zoning category, owner-occupied and rental ,
etc. ) relative to demand or to number of — —
families in various income classes in. the City?
b. Impacts 'on existing housing or creation of a
demand for additional housing?
16. Transportat'ion/Circulation. Will the proposal
result in:
a. Generation of additional vehicular movement?
b. Effects on existing parking facilities , ,or _—
demand for new parking?
c. Impact upon existing transportation systems? _ sel
d. Alterations to present patterns of circulation
or movement of people and/or goods? _
e. Increase in traffic hazards to motor vehicles,
bicyclists , or pedestrians?
17, Public Services . Will the proposal have an effect
upon , or resu t in a need for, new or altered
governmental' services in any of the following
areas:
a . Fire protection? ✓ _ __
b. Police protection?
c. Schools'
d. Parks or other recreational facilities?
e. Maintenance of public facilities , including — —
roads?
f. Other governmental services? _
5.
Yes Maybe No
18. Public Fiscal Balance. Will the proposal,
Fe sult in a net change in government fiscal
flow (revenues less operating expenditures
and annualized capital expenditures)?
19. Utilities. Will the proposal result in a
need for new systems , or alterations to the
following utilities:
a. Power or natural gas?
b. Communications system?C. Water?
d. Sewer or septic tanks? f
e. Storm water drainage? _ —
f. Solid waste and disposal ?
20. Human Health. Will the proposal result in::
.a. The creation of any health hazard or
potential health hazard?
b. A change in the level of community health _ —
care provided? '
21 . Social 'Services. Will the proposal result 'in
an increased demandfor provision of general
social services? �f
22.. Aesthetics . Will the proposal result in:
a. Obstruction of any scenic vista or view
open to the public?
b. The creation of an aesthetically offensive
site; open to public view?
c . Lessening of the overall neighborhood
(or area ) attractiveness , pleasantness ,
and uniqueness? V
23. Light and Glare. Wi.11 the proposal produce
new ig it or glare?
24. Archeological/Historical . Will the proposal
result in an i teration of a significant
archeological or, historical site, structure ,
object , or building' — —
I
I
i
i
6.
Yes M�ybe No
25. Mandatory Findings of Significance. — -_
a. Does the project have the potential to degrade
the quality of the environmentlor to curtail ,
the diversity in the environment?
b. Does the project have the potential to achieve
short-term, to the disadvantage of long-term,
environmental goal? (A short-term impact on
the environment is one which occurs in a
relatively brief, definitive period of time
while long-term impacts will endure well into
the future. )
c. Does the project have impacts which are indi-
vidually limited, but cumulatively considerable?
(A project may impact on two or more separate
resources where the impact on each resource
is relatively' small , but where the effect of
the total of those impacts on the environment ✓
is significant. )
d. Does the project have environmental effects
which will cause substantial adverse effects
on human beings , either directly or indirectly? _ ✓
-- I
Initial Study Prepared By: -l�rel�_.__..
(U ' vl ID LE `jls ( L J
\ Pj2�G.i� Vrr1�l.1
20.0(Srla15 OOH FORK : d(mP8nMsM V4 (xnw6mnmm%ntt&0 esvvocse a Pn enntnq d 6600cn
_ ✓��e✓ -��5 inn � �
Applicant (please print -
g517X�Gyv��✓ _- —_ �I�t- 4S0 -Lodz
Telephone
fAoilinp4�dC reu
L - tote --Rio-Cooe
=11y
3E QUEST :Describe specific nature of Oparovcl r60uesled ;
vim 4 ✓ a✓ �s f --- —
I
-ROPERTY DESCRIPTION: -
PM Zo217
=SSESSOR'5 PARCEL NO ----
_�G C� s
EXISTING %ZON LNG
prpoe,ty 'wne, Authorization - -he underllg.nea sloes tha- they are I" owner Isl of the_property descrlD Herein and hereby Qive outhor-
'ration for 'he fiang of this opplieoilon
NS A D C 14PANY
1. �jS - _ wy�dry 2 � � -- -- I/ 7'� r --
P� (/ S gno'ure e.
Dote
4 greem ent aDs olving (tie City a' po lm Desert of oli liat)Ilibes relative to any do rest lotions
DC 9Y MY SIGNATURE Ok PF F.M EN' ii s lve 'hc City of aim '✓ewn a' all Iablillies regordlrN any deer restnciions'
may/ That "`Cy be owiloc DW `J the DraaerlV deaf.ri DeC herein P
Dote
Appl-cant s Signature
- —siQnc re— Daie
iR STAFF USE ONLY' Envimnmental Scotus
--mom �- - - - ----4-��s-tg�- ---
❑ Ministerial Act
❑ Catego/Ic01 E(empho,
❑ Negotive De Dlarallon —
❑
I
City of Palm Desert
Department of Environmental Services
Staff Report
TO: Planning Commission
DATE: November 209 1984, continued from October 16 and 2, 1984
CASE NO: PP 84-40
REQUEST:
Approval of a negative declaration of environmental impact and a precise
plan of design to allow construction of a 129 room hotel on 2.97 acres in the
PC (4) S.P. zone located on the south side of Highway 111, approximately
285 feet east of Shadow Hills Road.
APPLICANT:
HOTEL PROPERTIES
4350 Executive Drive
San Diego, CA 92121
ARCHITECT:
G.E. HOLGUIN do ASSOCIATES, INC.
1955 W. Grant Road, Suite 125
Tuscon, AZ 85745
L BACKGROUND:
A. PREVIOUS HEARING:
This request was originally heark at the hearing of October 2, 1984. At that
time it was continued to the meeting of October 16, 1984. Due to apparent
problems with the open space provisions the planning commission continued
-.7o the hearng to this meeting. D. q-7
109 a .a"f
.I e A-,. aj B. REVISED REQUEST: -7 O hr- moPel
ctZ of
The applicant originally had proposed a7116:voom-hotel-and-3;000 square foot
restaurant on 2.27 acres. That proposal has been modified deleting the
3 - restaurant and increasing the room count tov129=rooms. The project site
I2q u�6d area has been increased from 2.27 to 2.97 acres. This increase was
ZJ 2- accomplished by deleting the Brown-Brosche (Super 8) proposal and giving
half of that site to this site. The other half of the site went to the Leeds
Hotel (Vacation Inn) site which was approved by the planning commission on
53 LV2�g rmwr October 309 1984.
C. SITE DESIGN AND ARCHITECTURE:
The building location is in approximately the same location as before.
Access drives to the frontage road are also in the same location. Parking
spaces are located to the east of the hotel with some in front of the
building. f142-parking-spaces-are,required-and_provi8e`d under this proposal.
Access to the adjacent lots to the east would still be provided.
The building is now proposed to be asfullAhree-stories in height rather than
four stories with a maximum height of 15=feet, The structure would be 101
feet away from the residentially zoned Mountain Villas to the south and
permits a maximum height of 35 feet.
The architectural style of the hotel has been changed from contemporary to
Spanish with exterior materials consisting of stucco walls and We mansard
roofing.
D. LANDSCAPING AND OPEN SPACE:
A partial landscaped front setback would be provided with landscaping
spread throughout the site. There would be an area with a minimum depth
of ten--feet-for-a screening type of landscaping along the south property line.
As required by the PC (4) zone requirements of 40% of the site orr 51,7-37�--
s q-ueefe`et-of-open--space-and-_outdoorliving-and-recreation-area=is_required.
PP 84-40 CONTINUED
With this request=53,-542Tsquare feet of area is provided. This would consist
of large, open to the sky areas. Proposed facilities would consist of a tennis
court, two shuffleboard courts, a large swimming pool and spa, a patio with
covered outdoor ramadas, a water feature and numerous landscaped areas
for seating and walking. The water feature would meander from outside
into the lobby area. Staff is recommending that the tennis court be unlit
and sunk four feet below grade to the city's satisfaction.
U. ANALYSES:
A. *FINDINGS FOR APPROVAL OF PRECISE PLAN:
1. The design of the precise plan will not substantially depreciate
property values in the vicinity.
Justification:
The use would be attractive from a design aspect and compatible
with other uses existing in the vicinity. .
2. The precise plan will not unreasonably interfere with the use of or
enjoyment of property in the vicinity of the occupants thereof for
lawful purposes.
Justification:
The surrounding land in the vicinity is zoned for a compatible type of
use and owners would not be deprived the use of their land, nor would
they be negatively impacted by traffic due to improvements to
Highway I I I and ability to handle increased traffic.
3. The precise plan will not endanger the public peace, health, safety, or
general welfare.
Justification:
The project is designed in a manner that would not endanger the
public peace, health, safety, or general welfare due to compliance
with code requirements and compatibility with surrounding
properties.
Staff feels the findings can be justified in this case.
B. ENVIRONMENTAL REVIEW:
The director of environmental services has determined that the proposed
project will not have an adverse impact on the environment and a Negative
Declaration of Environmental Impact has been prepared.
.CONCLUSION:
The project with minor modifications would be acceptable. The open space
proposed would meet code requirements and provide adequate usable area for
guests. Furthermore, access to adjacent projects is provided for insuring an
integrated development with adjacent lots.
IV. RECOMMENDATION:
Staff recommends:
A. Adoption of the findings; f oo�
B. Adoption of Planning Commission Resolution No. , approving PP 84-40,
subject to conditions.
V. ATTACHMENTS:
A. Draft Resolution
-2-
1
pp 8440 CONTINUED.
B. Previous staff report dated October 16, 1984
C. Plans and Exhibits
Prepared by �llxlCr
Reviewed and Approved by +�
AM
-3-
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
ON PRECISE
THE PLAN
S SOUTH DESIGN SIDE FOR A 1HIO HOE
O HIGHWAY 111
,
APPROXIMATELY 285 EAST OF SHADOW HILLS ROAD.
CASE NO. PP 84-40
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 2nd day of October, 1984, hold a duly noticed public hearing and continued public
hearings on October 169 and November 20, 1984, to consider the-request of HOTEL
PROPERTIES (Continental Inn Hotel) for approval of a precise plan of design to allow
construction of a 129 room hotel on 2.97 acres in the PC (4) S.P. zone located on the south
side of Highway 111, approximately 285 feet east of Shadow Hills Road, more particularly
described as:
Portion of Lot 1, Tract 11883
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert :Procedures to Implement :the California. Environmental Quality , ACtr
Resolution No. 80-89", in that the director of environmental services has determined that
the project would not have an adverse impact on the environment and a negative
declaration has been prepared.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, of all interested persons desiring to be heard, said commission did find the
following facts and reasons to exist to justify the granting of said precise plan of design:
1. The design of the precise plan will not substantially depreciate property
values in the vicinity.
2. The of property inan he vicinity ty by thl not e occupants thereof ably interfere with
lawful purposes.
3. The precise plan will not endanger the public peace, health, safety or
general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in this case.
2. That approval of Precise Plan PP 84-40 is hereby granted for reasons subject
to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 20th day of November, 1984, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BUFORD CRITES, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
AM -1-
PLANNING COMMISSION RESOLUTION NO.
CONDITIONS OF APPROVAL
PP 8"0
Department of Environmental Services:
1.. The development of the property shall conform substantially with exhibits (Case
No. PP 84-40) on file with the department of environmental services, as modified
by the following conditions.
2. Construction of the total development may be done in phases; however, each
individual phase shall meet or exceed all municipal code requirements to the
degree that the city could consider each phase as a single project.
3. Construction of said project shall commence within twelve months from the date
of final approval unless an extension of time is granted by the planning commission;
otherwise said approval shall become null, void and of no effect whatsoever.
4.. The development of the property .described herein shall be subject to. the.
restrictions and limitations set forth herein which are in addition of all municipal
ordinances and state and federal statutes in force, or which hereafter may be in
force.
9. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Coachella Valley Water District
Palm Desert Architectural Commission
Riverside County Department of Health
City Fire Marshal
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.
6. All existing electrical distribution lines, telephone, cable antenna television, and
similar service wires or cables, which are adjacent to the property being developed
shall be installed underground, if practicable, as a part of the development from
the nearest existing pole not on the property being developed.
7. Adjacent to south property line, a ten foot wide heavily landscaped area shall be
provided; planting to include vertical trees for screening.
8. Existing wall along south property line shall be raised to seven feet provided
property owner of wall agrees; wall extension to match existing wall.
9. Parking lot lighting system shall be designed to comply with municipal code
requirements with light standards to be maximum 20 feet high. Lights to be down-
shining box type light and provided with the shields facing residential properties.
Plans, specifications, computer lighting print-out to be approved by city during
architectural review process.
10. Reciprocal access agreements to be recorded prior to issuance of building permits
between subject property and parcels to east contained in Parcel Map 20217.
11. Tennis court shall be unlit and sunk four feet below grade to the satisfaction of the
city.
12. Four foot high masonry wall with landscaping bermed up to it shall be provided to
screen parking spaces from view of Highway 111.
13. Entire site to be provided with walls as required by city.
14. Should any future access drives between parcels be required by the city, this
applicant shall install any that are required on his property.
-2-
PLANNING COMMISSION RESOLUTION NO.
Department of Public Works
15. Drainage facilities shall be provided, per Ordinance No. 218 and the Master
Drainage Plan, to the specifications of the Director of Public Works.
16. Additional storm drain construction shall be contingent upon a drainage study by
the private engineer.
17. Landscaping maintenance on Frontage Road shall be provided by the property
owner.
18. Complete grading plans and specifications shall be submitted, as required by
ordinance, to the city engineer for checking and approval prior to issuance of any
permits.
19. Only two driveway approaches will be allowed to serve this property. Size and
location to public works specifications.
20. A traffic signal at the entrance. :Highway. III shall be installed.. Until signal is,
energized, there shall be no access to Highway I I I allbwed.
City Fire MazshaL• 'i
21. Install a water system capable of delivering 3000/5000 GPM fire flow from any fire
hydrant for a 3 hour duration in addition to domestic supply. The computation shall
be based upon a minimum of 20 psi residual operating pressure in the supply main
from which the flow is measured at the time of measurement. Fire flow
requirements will depend on built-in fire protection provisions of buildings.
22. Install Riverside County super fire hydrants so that no point of any building is more
than 200 feet from a fire hydrant measured along approved vehicular travel ways.
a. exterior surface of hydrant barrels and heads shall be painted chrome
yellow, and the tops and nozzle caps shall be painted green.
b. curbs shall be painted red 15 feet in either direction from each hydrant.
C. hydrants shall not be located closer than 25 feet to any building.
23. Prior to issuance of a building permit, the developer shall furnish the original and
three copies of the water system plan to the Fire Marshal for review. Upon
approval, one copy will be sent to the building department and the original will be
returned to the developer.
24. The water system plan shall be signed by a registered civil engineer and approved
by the water company, with the following certification: "I certify that the design
of the water system in PP 84-40 is in accordance with the requirements prescribed
by the Fire Marshal."
25. Prior to delivery of combustible materials to the building site, the required water
system shall be installed, operating and delivering the required flow.
26. All interior driveway turns must have a 40 foot turning radius.
27. Fire lanes will be required.
28. Additional fire protection requirements may be necessary when applicant submits
specific plans for consideration and approval.
-3-
73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260
TELEPHONE (619) 346-0611
September 149 1994
CITY OF PALM DESERT
LEGAL NOTICE
Case No. PP 84-40
NOTICE IS HEREBY GIVEN that a Hearing will be held before the Palm Desert Planning
Commission to consider a request by HOTEL PROPERTIES (Continental Inn Hotel) for
approval of a precise plan of design to allow construction of a 116 room hotel and 3,000
square Soot restaurant on 2.27 acres 1n theP.C(4) S.P..,zone •located on the south side of
Hwy 111, approximately 285 feet east of Shadow Hills Road, more particularly described
as:
Portion of Lot 1, Tract 11883
5Do
S.P.
W
W
a•a(a) a-its ' P.C.(4) 1 F.C.(4) ,N
s rA rR HIGHWAY
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pRO�ECT SrTE
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1 _ ( ) (QP. II-77) e
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°,� R-I • ,R4. Id,000 •• �Y.*t.Y MOIITM ' y
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e ►v►te rsa oervt aCUp-QI-74 PD)�
SAID Hearing will be held on Tuesday, October 29 1994, at 7:00 P.M., at the Palm Desert
Civic Center Council Chamber, 73-310 Fred Waring Drive, Palm Desert, California, at
which time and place all Interested persons are Invited to attend and be heard.
RAMON A. DIAZ, Secretary
Palm Desert Planning Commission
PUBLISH: Desert Post
September 21, 1994
City of Palm Desert
Department of Environmental Services
Staff Report ,
TO: Planning Commission
DATE: October 16, 1984, continued from October 2, 1984
CASE NO: PP 84-40
REQUEST:
Approval of a precise plan of design to allow construction of a 116 room
hotel and 3,000 square foot restaurant on 2.27 acres in the PC (4) S.P. zone
located on the south side of Highway 111, approximately 285 feet east of
Shadow Hills Road.
APPLICANT:
HOTEL PROPERTIES
4350 Executive Drive
San Diego, CA 92121 .:
ARCHITECT:
G.E. HOLGUIN do ASSOCIATES, INC.
1955 W. Grant Road, Suite 125
Tuscon, AZ 85745
I. BACKGROUND:
A. DESCRIPTION OF SITE:
The site is relatively flat and vacant except for some native shrubbery.
Right of way for an extension of the frontage road which exists to the west
has previously been dedicated.
B. ADJACENT ZONING AND LAND USE:
North: PC (4) S.P./Hotel
South: PR-6/Condominiums
East: PC (4) S.P./Vacant
West: C-1, S.P./Commercial and Edison Substation
C. GENERAL PLAN LAND USE DESIGNATION:
Resort Commercial.
D. PREVIOUS PERTINENT CASES:
DP 08-81 - JDF FINANCIAL CORPORATION - Development Plan for 168
room condotel on site and land to east, approved on December 16, 1981.
Approval has expired.
TT 11883 - U.S. LIFE SAVINGS AND LOAN ASSOCIATION - Tentative
Tract Map for one lot hotel site, 65 lots for condominiums and 7 single
family lots approved by City Council Resolution No. 78-18. Map recorded in
1978.
DP 11-77B - AFFILIATED CONSTRUCTION COMPANY - Development plan
for 168 hotel units approved by City Council Ordinance No. 172 on
December 1, 1977. Approval has expired.
92 MF - AFFILIATED CONSTRUCTION COMPANY - Design Review case
for 168 hotel units approved by Planning Commission Resolution No. 299 on
November 19 1977. Approval has expired.
IL PROJECT DESCRIPTION:
A. GENERAL:
The proposed project is a 116 room hotel in a single four story structure.
Additionally, at the front of the hotel in a one story area is a 3000 square
foot restaurant.
R
PP 84-40 Continued
B. SITE DESIGN, CIRCULATION, AND PARKING:
The structure is located on the front part of the site with the majority of
the parking at the rear. The second, third, and fourth floors span over the
parking lot areas along the east and south sides of the building.
Main access to the site from the frontage road which would be extended
through this property would be near the east property line. A signalized
street access from the frontage road to Highway 111 would be aligned with
the Granada Royale across the street and have to be operating prior to
opening of the hotel. A second access and service drive is provided at the
west end of the site. Cross access with the properties to the east would be
provided near the rear of the site.
The parking breakdown is as follows:
REQUIRED PARKING:
1.1 per room for 116 rooms = 128 spaces
3000 sq. ft. restaurant = 30 spaces
Total required 158 spaces
PROVIDED PARKING:
116 rooms = 128 spaces
3000 sq. ft. restaurant = 15 spaces
Total provided = 143 spaces
The applicant is requesting a 15 space reduction for the restaurant due to
the fact that it can be expected that many restaurant patrons will be
staying in the hotel. This is permissable and similar to what was done for
the Granada Royale and Velvet Turtle across the street.
C. ARCHITECTURE:
The architectural style of the structure would be contempory with exterior
materials consisting of exterior plaster and glass. The major features of the
flat roofed hotel are the horizontal glass windows and four story plus glass
atrium which would also house part of the swimming pool on ground level.
The height of the four story hotel would be 35 feet from existing grade. In
order to get the fourth floor the applicants propose to sink the first story
five feet below existing grade, thus making the structure 40 feet tall, or 35
feet from existing grade.
The original intent of increasing the previous maximum 30 foot height limit
to 35 feet was to allow a potential three story structure with a pitched roof.
This structure does not meet the intent of permitting a 35 foot structure.
D. LANDSCAPING AND OPEN SPACE:
A landscaped front setback would be provided with additional landscaping
_ throughout the site.
The PC (4) zone requirements require that a minimum of 40% of the site
area be developed as usable landscaped open space and outdoor living and
recreation area. This means 40% of the 98,881 square foot site or 39,552
square feet of the ground floor area has to be provided as usable landscaped
open space and outdoor living and recreation area. The applicant has
provided 26,300 square feet of ground level recreation area. For the
balance of the area, the applicant is proposing to use 3 levels of large deck
-2
F
PP 84-40 Continued
area in the atrium area (49300 sq. ft.), the balconies for each unit (6,398 sq.
ft.) and an outside deck above the one story restaurant (3,015 sq. ft.). The
total as proposed by the applicant would be 40,013 square feet.
Only the 26,300 square feet (26.6%) of ground level area can be counted
which means the project does not comply with the 40% minimum. However,
the code does permit the PC to modify this requirement through the precise
plan approval. Staff does not believe there are substantial grounds to
permit this modification.
III. ANALYSIS:
A. FINDINGS FOR APPROVAL OF PRECISE PLAN:
- - 1.- The design of the precise plan will not substantially depreciate
property values in the vicinity.
2. The precise plan will not unreasonably interfere with the use of or
enjoyment'.bf 'property in, the vicinity of the occupants thereof for
lawful purposes.
3. The precise plan will not endanger the public peace, health, safety, or
general welfare.
Staff believes that due to the non-compliance with the usable open space
and recreation requirement and height maximum concept, these above
findings necessary for approval cannot be met.
IV. RECOMMENDATION:
Staff feels the project for lack of compliance with PC (4) development standards is
not acceptable. The project could undoubtedly be redesigned to comply with
development standards. However, based on the proposed plans, staff recommends:
A. Adoption of Planning Commission Resolution No. , denying PP 84-40.
Should the commission wish to approve this request, the action should be to
instruct staff to prepare for the next meeting the appropriate environmental
documents and resolution with conditions of approval.
V. ATTACHMENTS:
A. Draft Resolution
B. Legal Notice
C. Comments from City Departments and Other Agencies
D. Plans and Exhibits
Prepared byA Ara
"�'
Reviewed and Approved by
Am
-3
e Smartest Address on the Gok Desert
= PALM AEIERT
Clmmbee OE CetnrmlrcB
GOLF AND TENNIS VACATION CAPITAL OF THE WORLD -
HIGHWAY 111 AT MONTEREY/ PALM DESERT, CALIFORNIA 92260 / (619) 346.6111
DON MC NEILLY, EXECUTIVE DIRECTOR
October 10, 1984
Planning Commission
City of Palm Desert
City Hall
Palm Desert, Ca. 92260
Gentlemen:
In recent discussions with Mr. Curt Dunham of Bircher-Dunbam Inc., we have been
made aware of pending hotel developments for Palm Desert with which they are
associated.
We have been apprised.of their general construction, visual properties and of the
rate structure which they will carry.
We trust you will be receptive to the rapidly growing need for additional hotel rooms
in our City, particularly in the middle to upper middle price ranges...which these 3
proposed developments are going to fulfill.
Palm Desert City's recent cooperative effort (along with 5 other cities) with the
newly formed Desert Resort Communities Convention and Visitors Bureau, certainly
tends to amplify the need for Palm Desert to provide new hotel facilities.
We trust you will make a correct decision as you have in the past concerning this
elemental need for a continuing healthy economy in our City.
SUN-cerely, ^
Don Mc Neilly, Ezecutive Director
70
�1
' Lei I
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I
N 0 00, 51°
'abua#ions
Unei .'PE '
f) yl Parcel Area: 129,343 5.7. -
• ,
,men Space,keq'd:, 51,737 S.Fa .
4 Open Space Prov'd:`'43,542 S.F.
tiumbei 8f Bentil itovms: 129
2. Parking ieq'd: �42 `
*arki 'Prov'd: iaz
s 1 iindacape Ratio
Parking 14t
seq'd: 5%
Is
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- - - ' " - �ij - y ... ' ..). y fin- '� { _.[_' ? -f. = ♦ _ ci'. +c
i
City of Palm Desert
Department of Environmental Services
Staff.Report
TO: Planning Commission
DATE: October 16, 1984, continued from October 2, 1984
CASE NO: PP 84-40
i
cD REQUEST:
Approval of a precise plan of design to allow construction of a 116 room
hotel and 3,000 square foot restaurant on 2.27 acres in the PC (4) S.P. zone
located on the- south side of Highway 111, approximately 285 feet east of
Shadow Hills Road.
APPLICANT:
HOTEL PROPERTIES ---
4350 Executive Drive
San Diego, CA 92121
i
ARCHITECT:
G.E. HOLGUIN & ASSOCIATES, INC.
1955 W. Grant Road, Suite 125
Tuscon, AZ 85745
I. BACKGROUND•
C7 A. DESCRIPTION OF SITE:
The site is relatively flat and vacant except for some native shrubbery.
Right of way for an extension of the frontage road which exists to the west J
_ has previously been dedicated.
B. ADJACENT ZONING AND LAND USE:
North: PC (4) S.P./Hotel
South: PR-6/Condominiums
East: PC (4) S.P./Vacant
West: C-1, S.P./Commercial and Edison Substation
C. GENERAL PLAN LAND USE DESIGNATION:
Resort Commercial.
D. PREVIOUS PERTINENT CASES:
DP 08-81 - JDF FINANCIAL CORPORATION - Development Plan for 168
room condotel on site and land to east, approved on December 16, 1981.
Approval has expired.
TT 11883 - U.S. LIFE SAVINGS AND LOAN ASSOCIATION - Tentative
Tract Map for one lot hotel site, 65 lots for condominiums and 7 single
family lots approved by City Council Resolution No. 78-18. Map recorded in
1978.
DP 11-77B - AFFILIATED CONSTRUCTION COMPANY - Development plan
for 168 hotel units approved by City Council Ordinance No. 172 on
December 1, 1977. Approval has expired.
92 MF - AFFILIATED CONSTRUCTION COMPANY - Design Review case
for 168 hotel units approved by Planning Commission Resolution No. 299 on
November 1, 1977. Approval has expired.
II. PROJECT DESCRIPTION:
A. GENERAL:
i
The proposed project is a 116 room hotel in a single four story structure. )
Additionally, at the front of the hotel in a one story area is a 3000 square )
foot restaurant.
1
, t
PP 84-40 Continued
SITE DESIGN, CIRCULATION, AND PARKING:
r'The structure is located on the front part of the site with the majority of
the parking at the rear. The second, third, and fourth floors span over the
parking lot areas along the east and south sides of the building.
L>Main access to the site from the frontage road which would be extended
through this property would be near the east property line. A signalized
street access from the frontage road to Highway 111 would be aligned with
the Granada Royale across the street and have to be operating prior to
opening of the hotel. A second access and service drive is provided at the
west end of the site. Cross access with the properties to the east would be
provided near the rear of the site.
The parking breakdown is as follows:
REQUIRED PARKING:
1.1 per room for 116 rooms = 128 spaces
3000 sq. ft. restaurant 30 spaces
Total required 158 spaces
1
PROVIDED PARKING:
116 rooms = 128 spaces
3000 sq. ft. restaurant = 15 spaces
Total provided = 143 spaces
r'The applicant is requesting a 15 space reduction for the restaurant due to
the fact that it can be expected that many restaurant patrons will be
staying in the hotel. This is permissable and similar to what was done for
the Granada Royale and Velvet Turtle across the street.
.� C. ARCHITECTURE:
The architectural style of the structure would be contempory with exterior
materials consisting of exterior plaster and glass. The major features of the
flat roofed hotel are the horizontal glass windows and four story plus glass
atrium which would also house part of the swimming pool on ground level.
The height of the four story hotel would be 35 feet from existing grade. In
order to get the fourth floor the applicants propose to sink the first story
five feet below existing grade, thus making the structure 40 feet tall, or 35
feet from existing grade.
--� The original intent of increasing the previous maximum 30 foot height limit
to 35 feet was to allow a potential three story structure with a pitched roof.
This structure does not meet the intent of permitting a 35 foot structure.
D. LANDSCAPING AND OPEN SPACE:
A landscaped front setback would be provided with additional landscaping
throughout the site.
r- The PC (4) zone requirements require that a minimum of 40% of the site
area be developed as usable landscaped open space and outdoor living and
recreation area. This means 40% of the 98,881 square foot site or 39,552
square feet of the ground floor area has to be provided as usable landscaped
open space and outdoor living and recreation area. The applicant has
provided 26,300 square feet of ground level recreation area. For the
balance of the area, the applicant is proposing to use 3 levels of large deck
-2
PP 84-40 Continued
area in the atrium area (4,300 sq. ft.), the balconies for each unit (6,398 sq.
ft.) and an outside deck above the one story restaurant (3,015 sq. ft.). The
total as proposed by the applicant would be 40,013 square feet.
Only the 26,300 square feet (26.6%) of ground level area can be counted
which means the project does not comply with the 40% minimum. However,
the code does permit the PC to modify this requirement through the precise
plan approval. Staff does not believe there are substantial grounds to
permit this modification.
III. ANALYSIS:
A. FINDINGS FOR APPROVAL OF PRECISE PLAN:
1. The design of the precise plan will not substantially depreciate
property values in the vicinity.
2. The precise plan will not unreasonably interfere with the use of or
enjoyment of property in the vicinity of the occupants. thereof for
lawful purposes.
3. The precise plan will not endanger the public peace, health, safety, or
general welfare.
Staff believes that due to the non-compliance with the usable open space
and recreation requirement and height maximum concept, these above
findings necessary for approval cannot be met.
IV. RECOMMENDATION:
Staff feels the project for lack of compliance with PC (4) development standards is
not acceptable. The project could undoubtedly be redesigned to comply with
development standards. However, based on the proposed plans, staff recommends:
A. Adoption of Planning Commission Resolution No. , denying PP 84-40.
Should the commission wish to approve this request, the action should be to
instruct staff to prepare for the next meeting the appropriate environmental
documents and resolution with conditions of approval.
V. ATTACHMENTS:
A. Draft Resolution
B. Legal Notice
C. Comments from City Departments and Other Agencies
D. Plans and Exhibits
Prepared by ,
Reviewed and Approved by
AM
-3
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, DENYING
A PRECISE PLAN OF DESIGN FOR A 116 ROOM HOTEL
ON THE SOUTH SIDE OF HIGHWAY 111,
APPROXIMATELY 285 FEET EAST OF SHADOW HILLS
ROAD.
CASE NO. PP 84-40
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 16th day of October, 1984, hold a duly noticed public hearing to consider the request
of HOTEL PROPERTIES (Continental Inn Hotel) for approval of a precise plan of design to
allow construction of a 116 room hotel and 3,000 square foot restaurant on 2.27 acres in
the PC (4) S.P. zone located on the south side of Highway 111, approximately 285 feet
east of Shadow Hills Road, more particularly described as:
Portion of Lot 1, Tract 11883
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, of all interested persons desiring•to be heard, said commission did find the
following facts and reasons to exist to justify the denying of said precise plan of design:
1. The project as proposed does not comply with the applicable usable
landscaped open space and outdoor living and recreation area requirements
for development of a hotel.
2. The height and number of stories does not comply with the intent of height
requirements.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City.of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in this case.
2. That approval of Precise Plan PP 84-40 is hereby denied.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16th day of October, 1984, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BUFORD CRITES, Chairman
ATTEST:
RAMO N A. DIAZ, Secretary
Am
-1-
73-S10 FRED WARINO DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346-0611
September 14, 1984
CITY OF PALM DESERT
LEGAL NOTICE
Case No. PP 84-40
NOTICE IS HEREBY GIVEN that a Hearing will be held before the Palm Desert Planning
Commission to consider a request by HOTEL PROPERTIES (Continental Inn Hotel) for
approval of a precise plan of design to allow construction of a 116 room hotel and 3,000
square foot restaurant on 2.27 acres In the. PC(4) S.P. zone located on the south side of
Hwy 111, approximately 285 feet east of Shadow Hills Road, more particularly described
as:
Portion of Lot 1, Tract 11883
5 .00 13, . P.R.-5 ,N
S.P.
W
W
a•s(a) R-ats P.C.(4) , F.C.(4) ,N >
•c-i, S.P. S.P. S:P. -
5TAT6 HIGHWAY
C-I, S.P. C-I, a C S.
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R-3 iJECT S17- W
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a
t - ( 9 (C1P. 11-77),. O
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0 3 WOQD DRIVE
-3 W
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•L 4`CN�TEIU NORTH• °
{�..I • ,RAF, id,00m •., - W °
P.R.- ;
,� . •} < PEPPER TREE DRIVE - gCUP-01-74 PD)s .
SAID Hearing will be held on Tuesday, October 2, 1984, at 7:00 P.M., at the Palm Desert
Civic Center Council Chamber, 73-510 Fred Waring Drive, Palm Desert, California, at
which time and place all Interested persons are Invited to attend and be heard.
RAMON A. DIAZ, Secretary
Palm Desert Planning Commission
PUBLISH: Desert Post
September 21, 1984 ',
(!j? the Smartest Address on the Golu Desert
PALM 01/ERT
MUM MA
Cimmber OE Commeirw&
GOLF AND TENNIS VACATION CAPITAL OF THE WORLD
n
HIGHWAY ill AT MONTEREY/PALM DESERT, CALIFORNIA 92260 / (619) 346.6111
DON MC NEILLY, EXECUTIVE DIRECTOR
October 10, 1984
Planning Commission - -
City of Palm Desert
City Hall
Palm Desert, Ca. 9ZZ60
Gentlemen:
In recent discussions with Mr. Curt Dunham of Bircher-Dunham Inc., we have been
made aware of pending hotel developments for Palm Desert with which they are
associated.
We have been apprised of their general construction, visual properties and of the
rate structure which they will carry.
We trust you will be receptive to the rapidly growing need for additional hotel rooms
in our City, particularly in the middle to upper middle price ranges ..which these 3
proposed developments are going to fulfill.
Palm Desert City's recent cooperative effort (along with 5 other cities) with the
newly formed Desert Resort Communities Convention and Visitors Bureau, certainly
tends to amplify the need for Palm Desert to provide new hotel facilities.
We trust you will make a correct decision as you have in the past concerning this
elemental need for a continuing healthy economy in our City.
SUN-cerely,
Don Mc Neilly, Executive Director
1
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TABULATIONS: I
SITE PLAN
HOTEL 116 ROOMS 128 PARKING SPACES 1.20 NORTH'
RESTAURANT 0000 SO. FT. 15 PARKING SPACES -
I
143 PARKING SPACES
CONTENTAL INN
PALM DESERT, CALIFORNIA
I
CONTINENTAL INN HOTEL
Palm Desert, California
I N F O R M A T I O N S H E E T
OWNER: Earl Gagosian
Hotel Properties
q
4350 Execytive Drive
San Diego, CA 92121
DESIGNER: George E. Holguin & Associates, Inc.
1955 West Grant Road 1904
Suite 125 E:V VikOiV id LPG-f.qL
Tucson, AZ 85745 D! '1 OF P.4LA1 D i
Land Area: 2.27 Acres or 98,881.2'
Ratio (Structures to Total Land) : .13
Ratio (Parking Spaces to Building Square Footage) : 4.6
Parking Required: Hotel - 116 rooms 128 spaces
Restaurant - 3000 sq. ft. 15 spaces
143 spaces
Parking Provided: 143 spaces
Ratio (Landscaping to Total Land Area) : .26
Area of Paving: 57,050 sq. ft.
Actual Bldg. coverage (1st. floor only) : 11,925 sq. ft.
Ground level Recreation Area: 26,300 sq. ft.
Parking Lot Landscape area: 3,606 sq. ft.
Usable Recreational Space within Bldg. Proper:
1. Deck in Atrium @ 3 levels 4,300 sq. ft.
2. Balconies @ each unit 6,398 sq. ft.
3. Deck above 'restaurant 3,015 sq. ft. /
26,300 sq. ft.
TOTAL: 40,013 sq. ft.
Overall Open Space Required: 39,552 sq. ft.
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