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HomeMy WebLinkAbout2017-02-21 PC Regular Meeting Agenda Packet CITY OF PALM DESERT REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION • AGENDA TUESDAY, FEBRUARY 21, 2017 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. SUMMARY OF COUNCIL ACTION V. ORAL COMMUNICATIONS Any person wishing to discuss any item not scheduled for public hearing may address the Planning Commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. Because the Brown Act does not allow the Planning Commission to take action on items not on the Agenda, Commissioners will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for report and recommendation at a future Planning Commission meeting. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the Office of the Department of Community Development and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m.-5:00 p.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611, Extension 484. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE PLANNING COMMISSION OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII CONSENT ITEMS HELD OVER OF THE AGENDA. AGENDA REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION FEBRUARY 21, 2017 A. MINUTES of the Regular Planning Commission meeting of January 17, 2017. Rec: Approve as presented. Action: B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application to merge parcels at 43-775 Deep Canyon Road and 43-670 Florine Avenue. Case No. PMW 16-326 (Sacred Heart Church, Palm Desert, California, Applicant). Rec: By Minute Motion, approve Case No. PMW 16-326. Action: C. REQUEST FOR CONSIDERATION of finding General Plan conformance for vacating a short, dead-end street known as Anglewood Drive located in south Palm Desert. (Ken Blair and Doris J. King, Palm Desert, California, Applicants). Rec: By Minute Motion, approve the proposed street vacation at Anglewood Drive. Action: VI1. CONSENT ITEMS HELD OVER Vill. NEW BUSINESS A. APPOINTMENT of Commission Liaisons for Art in Public Places and Parks and Recreation Commissions for 2017. Rec: Nominate and appoint positions. Action: IX. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. 2 GAPlanning\Monica OReilly\Planning Commission\2017\Agenda\2-21-17 agn.docx AGENDA REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION FEBRUARY 21, 2017 A. REQUEST FOR CONSIDERATION to recommend approval of an amendment to a Development Agreement for Marriott Shadow Ridge (DA 98-1) located at 9003 Shadow Ridge Road. Case No. DA 98-1 Amendment No. 1 (Marriott Ownership Resorts, Inc., Orlando, Florida, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2689, approving Case No. DA 98-1 Amendment No. 1 . Action: X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION XII. COMMENTS XIII. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 161h day of February, 2017. ,�, �*41- 44. a C-f!C NkWca Billy, Recording Secre ry Please contact the Planning Department, 73510 Fred Waring Drive, Palm Desert, CA 92260, (760) 346-0611, for assistance with access to any of the agenda, materials, or participation at the meeting. 3 GAPlanningWonica OReilly\Planning Comm ission\2017\Agenda\2-21-17 agn.docx CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES • TUESDAY, JANUARY 17, 2017 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM,0 SERT, CA 92260 I. CALL TO ORDER Chair John Greenwood called the meeting. zOrder at 6:00 p.�n. II. ROLL CALL Present: . � w Commissioner John Greenw,,66d Commissioner Ron Gregory Vice Chair Joseph Pradetto v? Chair Nancy DeLuna Staff Present: Jill Tremblay"I�Qty Attorney Ryan Stendell;' Directm't" � rr�unity D -elopment Eric G,a, PrincipaPlanner KeU[ Svartz,,Assotiate Planner I ther Buck;;Assistant Planner IVlonica O'Reilly, Admini' ratve Secretary III. PLEDGE OF ALLEGIANCE" Vice C 'jr Del-un J d the Pledge of Allegiance. �4 IV. SUMMARY(JrCOUNCIL ACTION Mr. Ryan Stendell, Director of Community Development, summarized pertinent January 12, 2017, City Council actions. V. ORAL COMMUNICATIONS None PRELMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of December 20, 2016. Rec: Approve as presented. B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application to merge parcels at 113 Kovenish Court. Case No. PMW 16-371 (PAR Development, Palm Desert, California, Applicant), Rec: By Minute Motion, approve Case No. PMW 1 = 71. S On a motion by Commissioner Pradetto, seconds Vice chair DeLuna, and a 4- 0 vote of the Planning Commission, the Consent=Galen dar was approved as presented (AYES: DeLuna, Greenwood, Gregory, and Prad 6",,' NOES: None)`.` VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS A. SELECTION of a Chair and- /ice Chair fir 2017 Rec: Nominrate i fid lect posit*opts Chair Greeh"yatood moved Ao, by Mindfa Motion, nominate Vice Chair DeLuna for Chair and Commi ',tvner Pr�adetto for Vise Chair. Motion was seconded by Commissioner Gregory ;and --,b e :'by=a. 4�0 vote (AYES: DeLuna, Greenwood, Gregory, and Fradetto, NOES: None). IX. PUBLIC HEARINGS A QUEST FOR:, ONSIDERATION to approve a Precise Plan to demolish an eft Ling restauro#t and construct a new 4,875-square-foot building for JARED Jew'-ors at 72� 0 Highway 111, and approval of a Notice of Exemption in - accordtttce jr��th "`the California Environmental Quality Act. Case No. PP 16- , 147 (JAR Ep The Galleria of Jewelry, Akron, Ohio, Applicant). Ms. Heather Buck, Assistant Planner, presented the staff report (staff report is available at www.cityofpalmdesert.org). Staff recommended approval and offered to answer any questions. Chair DeLuna asked what the size of the existing Denny's restaurant is. Is the proposed JARED building going to be larger or smaller than the existing building? 2 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\1-17-17.docx PRELMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 Mr. Eric Ceja, Principal Planner, responded that the existing Denny's is approximately 5,000 square feet. The buildings would be similar in size. Chair DeLuna declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. JEFFREY DE ZORT, representative for JARED Jewelers, Akron, Ohio, stated that they hope the proposed jewelry store would be a nice addition at the intersection of Highway 111 and Monterey Avenue. He briefly explained that JARED is a high-scale jewelry store and offered to answerany questions. Commissioner Ron Gregory commented that it.i a'bold decision to locate the jewelry store at the intersection of Highway 11an Mt�nterey Avenue since there are jewelry stores in the mall and on El a'seo. He questiioned why JARED chose that location. MR. DE ZORT responded that JARED typically likes.to be in sorria'type of outlot of the mall. JARED offers exclusive jeweiiy that°st" ie of their other brands (Kay Jewelers and Zales) do not. JARED also lies aVIII j �nrelry repair shop at the back of the store. If one of their other grand stores red repair services, they could send jewelry to JARED. Chair DeLuna commended the architi e_,,,and`,1he elements used in the proposed build in ,�u k�ich is in keeping iiti�th t .General Plan. She thanked the applicant for corning"to 0�lm Deserted do business:' With no further testimony offerect,`� hair DeLt na declared the public hearing closed. r� Commissioner Greenwood `a'sked what`the requirement for a monument sign setback.on a corners:'` IVIs. Buck respapded t alt the monument sign would be going back to the Architectural Revieitu Cornilssion (ARC) for review. M1Y Cohiin'issioner Grei" iwood asked if the monument sign location is subject to change Ms. Buck repdthat is correct. Commissioner Greenwood commented that it is a lovely building. He commended staff on working to incorporate the corner to see if they could have done a larger and/or a more impactful project. He stated he is in favor of the project and would move for approval. 3 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\1-17-17.docx PRELMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2687, approving Case No. PP 16-147, subject to conditions. Motion was seconded by Vice Chair Pradetto and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None). B. REQUEST FOR CONSIDERATION to approve PP/CUP 16-194 to demolish an existing retail building (formerly Don Vincent) and construct a new 13,526- square-foot three-story mixed-use retail/residential building located at 73-690 El Paseo, and approval of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. PP1CUP 16-194 (Miguel Ruiz, Bermuda Dunes, California, Applicant). ` y, Mr. Kevin Swartz, Associate Planner, outlined the salient points in the staff report (staff report is available at www.cityofpaln-,desert.org)., vtaff recommended approval and offered to answer any quest pns. He noted that-the architect and the building owner are also present to answer any questions. 4 Commissioner Greenwood referred to &hibit Shy F A1 . He commented there is a 40-foot height limit, and questioned why hey are not giving themselves more room vertically in the project (proposed project J5 36 feet). Mr. Swartz remarked that Cornissione �reenvvood is correct that the project is tight, and it was discussed At: .the APC, moeting �;�i� stated that the project architect believes there is enough rc�an` o catgreall the ducting and other equipment that-,is ri�ed��. He m646,ned there is an extra four feet in height, if needed. The tor of Cssmmunity Development can make minor modifications, as long as it does not impact the Conditions of Approval. Commissioner` 7 reenwood �sk"f tr sh'enclosures within Presidents Plaza east wre discussed r. Swartz m6i�t1 ?ped tF the City sent the property owners a survey concerning the Presidents Pt ' parl ift"g, lot. There will be a City Council study session on I eroh 23, to discus .the future remodel of Presidents Plaza. Sr Commisjoner Greenwood questioned if the City would potentially acquire Presidents Plaza, end the applicant would not be required to build a trash enclosure Mr. Stendell communicated the City has had an active role in managing the Presidents Plaza parking area as valuable shared-use parking through the commercial core since El Paseo was in its infancy. He said the City has a public parking easement, and they manage the parking lot via a Business Improvement District (BID). The business owners pay into the BID, and the City uses their funds to cover the operations cost of the parking lot. Unfortunately, the BID has never collected enough funds, since it is privately-owned, to adequately fund 4 G\Planning\Monica OReilly\Planning Commission\2017\Minutes\1-17-17.docx PRELMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 long-term capital replacement. Mr. Stendell stated that the City understands this is an important parking area now and in the future, so the City of Palm Desert is playing an active role in trying to find a solution. Commissioner Greenwood commented that as the Planning Commission look at projects like this one, he questions the placement of transformers. As projects come through, he asked how do they look at those elements and make intelligent decisions looking at the future. Mr. Stendell replied that the Planning Commission w, Ufd need to rely on staff. Staff would have to take the lead role and make sure;they are problem-solving at Presidents Plaza. Commissioner Greenwood asked how mail,,' wouid,Ybe handled for the residential units. Staff did not have an answer to Commissioner Greenwood's question. z, Commissioner Greenwood commented iresAerlts Plaza is fairly open and allows for a lot of versatility ki,e wants to�make sure different elements (trash enclosures, transformers, eta ) r�e being lookedt,so they are not losing parking counts adjacent to the proposb' bdfld ngg� k=e Vice Chair Josep �,� 'radetto ekpbesse fiafi 'tt as an exciting project moving forward on the607tjs ddntownlr � underPtood the reason the property owner of the-`, bropose(f project 4 Old want to maintain ownership of the residential omits. Howev f;� condom'Nums would be more advantageous for property taxes it,is some# ng tQ,consider.. COmmistJbner Gregory commented'tt at if the residential units were to go in the diredtion of condominiums, he would like to see the units a little nicer with better parking. He is congernea;' th people parking their cars in Presidents Plaza in the evening. Mr.1 Swartz responoe- that renters would have to be aware of the parking. Commisiener GC orY inquired how FedEx and UPS would make deliveries to q the resideRar) tin ts. y Mr. Stendell replied that FedEx and UPS park on El Paseo to make deliveries. He does not think delivery service would change with this project. Commissioner Gregory said that retail tenants change. He voiced his concern with the stone being damaged if signage is pinned to the stone. He also is concerned with the maintenance of the planters. He asked if the planters would 5 G\Planning\Monica OReilly\Planning Commission\2017\Minutes\1-17-17.docx PRELMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 be maintained and how maintenance would be provided. He noted that raised planters are a challenge in the desert. Mr. Swartz responded there is a Condition of Approval that states the landscaping should be maintained. However, he does not know how the landscaping would be maintained and referred the question to the applicant. Commissioner Gregory commented the architecture is excellent, but having some type of sidewalk scape would make the project more interesting for pedestrians. Mr. Swartz mentioned that when the project arc�rite roposed the building it included a parklet on El Paseo. However, the City is`Ipaking at parklets in the long-range on El Paseo. w� ks- Commissioner Greenwood inquired if pedestrians could park in P're5idents Plaza and access the retail stores along the:; Guth side fap!pq El Paseo. Mr. Swartz replied that is correct. � Commissioner Greenwood asked if,the resideris have the ability to get to El Paseo from their units. Is there a 66`hnection further east or west that allows access to El Paseo, or do the- r..esidents have to go down to the next major arterial. { Y 5 Mr. Swartz rQp1Ld that the resident vduld have to the next major arterial. Chair DeLun6'asked ifxt was tie appl ca 's intent for residents not to have direct access to El Pasep ' z fVlr. Swartzieleved`there was not a way to provide residents direct access to El Chair DeLuna aske'-if Presidents Plaza's current parking lot configuration would accorrtModate resid-6 tial tenants and the businesses that face north. r �t Mr. Swath replied. ghat he believed so. He noted that most businesses in the area close bid 8:00 or 9:00 p.m., except for Piero's PizzaVino, which closes at 9:30 and/or0:00 p.m. Chair DeLuna declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. JUAN CARLOS OCHOA, applicant's architect, Palm Desert, California, communicated that when they started the design of the building, the height limit was only 30 feet. However, the One Eleven Development Code was adopted in 6 GAPlanning\Monica OReilly\Planning Comm ission\2017\Minutes\1-17-17.docx PRELMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 between that time and they raised the height to 36 feet. At 36 feet, they feel there is enough room for ducting and equipment on the roof. He offered to answer any questions. Commissioner Gregory mentioned that he is working on some projects in the city of Palm Springs, In Palm Springs, it is important to have residential egress and ingress to the streets because that is what makes it fun to live there. He is concerned if they do not look at this now, the Commission would be making an error by forcing people to go into the parking lot who live,in the rental units. He stated that part of the joy of living on El Paseo is beingabie to roam the sidewalk and/or street. Chair DeLuna commented that the Planning Commission,is excited about the project, but she is also sensitive to Commissipner Gregory's concern regarding access to El Paseo. She asked if more projects come up that do not have access directly to El Paseo, would this set a precedent. Mr. Stendell replied he did not think so He said.gthat the City does riot generally get into the business dealings of the dev pm�nl community. If the developer thinks that the project they ire proposing r-h6,-ts their investment goals, the City would recognize that and mov forty rd. He statefJhat staff would prefer to work on the best solution for the mi urttty and & developer on an investment standpoint. Commissioner Greenwol asked Ochoa ife is willing to update the preliminary do uments for the ARC te,review, if there are revisions to the height of the building, ; MR OCHOA replied,��r' s. ' y Y �,,mmissi"' .Gregory inquired if the sidewalk on the side of Presidents Plaza is remaining. Mj 9CHOA replied�`yes. He said the palm trees on El Paseo and one palm tree on Presidents Plaza!would remain, but they are adding some planters. Commissioner .Qr�gory asked if the palm tree on Presidents Plaza part of a line of continuingplm trees. Mr. Stendell replied yes. He noted that the palm trees might be removed in the future as part of the overall parking lot improvements. MR. OCHOA mentioned that their initial concept was to add parklets; however, there is limited space. There was brief discussion regarding parklets. 7 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\1-17-17 docx PRELMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 Commissioner Greenwood inquired if the proposed project incorporates additional lighting in Presidents Plaza and its residents for security. MR. OCHOA replied no. He remarked that having residents living on the property would help with security. Commissioner Gregory commented that having additional lighting would be a good idea to have a serious effort at making a place visible enough in the evening so you can see if someone shouldn't be there. Chair DeLuna also commented that additional lightngvvould be discouraging to an intruder. She asked Mr. Ochoa if lighting has bh added to the plans. MR. OCHOA said no. He stated if the Planntrtg CommIs a condition to install lighting, they would include lighting Vice Chair Pradetto said lighting helpsivvith accesssafety. In terms, if deterring crime, he thinks it has an adverse eff�ebt.., He na -d that most crimes happen Nc during the daylight hours. He stated that ligjting, ives criminals an opportunity to have free light. If a criminal has,ya flashlight, �t f an indication that the criminal is in a place where they should trot be , MR. BEN EGAN, applicant`s civil engnneer, =Palm Desert, California, communicated that the suggested to the�appli-' to file a condominium map concurrently with tf1'e Precise Plan;arid` Conditional Use Permit application for condominiums&s owever is the per perty owner's option. He made clear that there is noth�rg in the S4tfdivision `»lap Act that would preclude the applicant from down thrQad, brrnig #onward andominium map to condominiumize the proposed buildi't i�rt the future°, H pommented that there is an opportunity, if moln'y �s,going to�be invested in Presidents Plaza, to continue that consistency. AMhi0nally,if the City xs.,thinking of an individual project, this is one building on a onstage stamj lo,. It mig#t be prudent to consider an overall guideline, possibly �nthe downtown deuelophtpt standards. He also commented that if the building r, vv strictly residen ps, acdess to El Paseo would be important. Since there is retail orb,the bottom.floor and residential on the upper two floors, they do not have to worry about pe,zpfe wandering off El Paseo up to a residential unit. In this particular nhstan�e ��fhere might be an appropriate reason why El Paseo should not be acces�-il :. Maybe there should be access to El Paseo, and if there is access, it ned'ds to be done in a very skillful way. He stated each project should be evaluated on a case-by-case basis. Commissioner Gregory commented that he would be concerned with someone wandering from Presidents Plaza into the building. MR. EGAN remarked that Commissioner Gregory had a good point. 8 G\Planning\Monica OReilly\Planning Comm ission\2017\Minutes\1-17-17.docx PRELMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 Commissioner Gregory said that the Planning Commission is not pushing El Paseo access with this project. He stated that the Commission is concerned in the long-run. Commissioner Greenwood asked staff if laundry and noise on the balcony has been discussed. Mr. Swartz responded that it was discussed. He said there is a condition, which states residential balconies that are determined by the City as public nuisances as defined in the Palm Desert Municipal Code shall be.rernoved. With no further testimony offered, Chair DeLuna declared."the,pblic hearing closed. Vice Chair Pradetto voiced that he is excited about the project. He commented that human beings are remarkably accor�lrnodating and they,,$prvive. Some of the problems the Planning Commission foresees happening, human ingenuity would solve them and they would nit be problems,. He state&"'th since this project is the first round of mixed-use.rpn E! Paseo, there is going to be <�a challenges and problems they never antic'Oated� Flowever, that is when they get to grow and master a mixed use developi�er� , He supported the project and made a motion to approve �r Commissioner Greenwood commented that it is a,;heautiful building and well executed. He is Is ury excited to seeFis t�%pey,of use on El Paseo, which is much needed. Liw' would(h{ rto see the preliminary drawings updated based on looking at the eight stcties and reviewed by the ARC. He felt a condition shpu'Id be addo l�to provide lighting. With that said, he seconded the motion. _ AMuz Ch a ask d Commissioner Greenwood if he is adding the two cbinditions Commissioner di nwood I plied yes. Therefore, Vice Cher Pradetto moved, By Minute Motion, to amend the motion and add the Blowing co,h itions: 1) that the project in the schematic and presentation stage it is in novvFmust"hbe presented back to the ARC prior to going forward with construction documlent6:`He noted to have the ARC evaluate the added height and that the architecture is still in place with the original approval; and 2) provide site lighting at Presidents Plaza. Commissioner Gregory asked if maintenance for the planters would be handled by Code Enforcement to make sure the planters are handled properly in the long- run. 9 G:\Planning\Monica OReilly\Planning Commission\2017\Minutes\1-17-17.docx PRELMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 Mr. Stendell responded that the long-term maintenance of any project would be a property nuisance issue. A property nuisance issue would be handled by the Code Compliance Division. He believed a condition for the maintenance is not needed. Commissioner Gregory voiced that there would be a problem with the planters. He stated that some type of equipment would have to be used to maintain the planters from the street, or there would be maintenance people intruding into the renter's apartments. He is uncomfortable because almost every raised planter he has seen in the desert does not make it. ji Mr. Swartz pointed out Condition of Approval N 06-r 'lOF°which states "The small dedicated landscape pocket areas within the balconies fdcing El Paseo shall not be removed for additional patio area .end must be used for decorative landscaping materials." He indicated that, of could add th'at the planters must x. be maintained at all times. Chair DeLuna asked if the Planning C6mrhission.1, or does not need to add a condition for the maintenance of the planter Vice Chair Pradetto felt it is not"" ,-pssary to ad&_,6,condition. Mr. Stendell added that the rules in the b©dire suffi'ient. The question whether the planters would Work or not is a�questtpni' only me would tell. Chair DeLuna `Called for ' vote and the motion carried by a 4-0 vote. (AYES: ocGo Pradetto .NDeLuna, Greenwo , , OES: None). Chair DeLuna `c mr en ec �that�1he Fla,nning Commission is very excited to see the Geh0fW Plan l ate begin to belrnplemented and very quickly. She thought these are other'applia i'ns that would be presented to the Planning Commission end would integrate nicl and have some synergy with the project proposed tonight. She thanked that ,applicant for bringing the project of this caliber and quality to El Paseo. SY X. MISCE`LLANEOUS X' None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Gregory communicated that the Art in Public Places Commission reviewed a list of artists and their work to determine if they should be added to the list of acceptable artists for art in public places. 10 G\Planning\Monica OReilly\Planning Commission\2017\Minutes\1-17-17.docx PRELMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 B. PARKS & RECREATION Mr. Stendell reported that the Parks & Recreation Commission received a five- year report of the operations at the Palm Desert Aquatic Center. Chair DeLuna inquired if the implementation of the new TOT increase affects any of the parks and recreation facilities. Mr. Stendell responded that it is up to the City Council on how they would want to divide the funds through the annual budget process. XII. COMMENTS 1 Commissioner Greenwood noticed there was,an update 10 the building codes, and the standard conditions are reading th`e"blder version of 2613 versus 2016. Vice Chair Pradetto questioned if the, 'projects approved at toddy's meeting referred to the 2013 building codes because t_h6were submitted-prior to the update. Commissioner Greenwood remarked,that the ci des would be applicable when the construction documents a r -,subrritted which`would be in the 2016 cycle. Mr. Stendell remarked that if construction �1oiaments are not submitted, the documents would nFed to comply with fhe 2016 building codes. Chair DeLuna inquired if thj0re is much.change in the codes. w Mr. Stendell believeeof.te cce changes were related to Title 24 known as he °, alornia Building Standards'Code. He is not too sure about all the changes. � i . Commissioner Greenwood, tated that the State of California is pushing pretty nar'' to meet zero nit energy goals; therefore, the energy compliance portion of construction is increasing. Chair DeLuna Gomrhented that she saw a group of students having a class near the amphitheaters`She said it was heartwarming to see the city's facilities being utilized. She expressed that it feels good to be part of a process that enhances a city that has so many things to offer to its residents and visitors. She commended staff for the fine job they do in guiding the Planning Commission and the principals they set forward. 11 GAPlanning\Monica OReilly\Planning Comm ission\2017\Minutes\1-17-17.docx PRELMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 XIII. ADJOURNMENT With the Planning Commission concurrence, Chair DeLuna adjourned the meeting at 7:04 p.m. NANCY DE LUNA, CHAR r. ATTEST.- RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 111 5 MONICA O'REILLY, RECORDING SEf1"ETARY t r 3*y 5. f" ti ,i X 12 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\1-17-17.docx CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: RYAN STENDELL, DIRECTOR OF COMMUNITY DEVELOPMENT From: BO CHEN, CITY ENGINEER Date: January 24, 2017 Subject: PARCEL MAP WAIVER NO. 16-326 The above-referenced parcel map waiver has been reviewed by the Engineering Division of the Public Works Department and found to be technically correct. Please schedule for Planning Commission action as soon as possible. PMW 16-326: Applicant: Sacred Heart Church 43-775 Deep Canyon Road Palm Desert, CA 92260 Property Owner: The Roman Catholic Bishop of San Bernardino 1201 E. Highland Ave. San Bernardino, CA 92404 Representative: Dudek 40-004 Cook Street Palm Desert, CA 92211 BO CHEN, P.E. CITY ENGINEER City of Palm Desert /Department of Community Development PARCEL MAP WAIVER 73-510 Fred Waring Drive• Palm Desert. California• 92260• (760)346-0611 • Fax(760) 776-6417 Applicant: Sacred Heart Church Telephone: (760) 346-6502 Mailing Address: 43-775 Deep Canyon Road Fax number: (760) 773-0843 City: Palm Desert State: CA Zip: 92260 Email: ttriviso@sacredheartpalmdesert.com Property Owner: Roman Catholic Bishop of San Bernardino Telephone: (909) 475-5300 Mailing Address: 1201 E. Highland Ave. Fax number: (909) 475-5155 City: San Bernardino State: CA Zip: 92404 Email: Representative: Dudek Telephone: (760) 601-3411 Mailing Address: 40-004 COOK STREET Fax number: (760) 346-6118 City: Palm Desert State: CA Zip: 92211 Email: cgreely@dudek.com Please send correspondence to(check one): Applicant Property Owner X Representative Project Address(s): 43-775 Deep Canyon Road,43-670 Florine Ave Assessor Parcel Number(s): 624-211-030/031/032/033, 624-270-003/006 Existing Zoning: R-1 9000 General Plan Designation: Public Facilities; R-L Project Request(describe specific nature of approval request): Merge an existing residential house to be demolished 0.22 Ac. parcel with the existing school parcel of 10.624 Ac to accommodate a p Qr posed school expansion Property Owner Authorization: The undersigned states that they are the owner(s) of the property described and herein.give authorization for the filing of the application. 4� IA Signature Print Name _ Date A t / Rep esentative Signature: By signing this application I certify that the information provided is accurate. I un er tand t e City might not approve what I am applying for and/or might require conditions of approval. 0 tiJ+`l A IDS i '` ' l �• �(P Signat re Print Name Date Property Ownee Authorization: Agreement absolving the City of Palm Desert of all liabilities relative to any deed restrictions. I DO BY MY SIGNATURE ON THIS AGREEMENT absolves the City of Palm Desert of all liabilities regar � any deed restrictions that may be applicable to the property described herein. Signature Print Name Date OFFICE USE ONLY p PROJECT NO: PMVII DATE: ACCEPTED BY: j Diocese of San Bernardino :5 OFFICE OF CONSTRUCTION AND REAL:.. ESTATE i LETTER OF AUTHORIZATION The Diocese of San Bernardino Office of Construction and Real Estate Authorizes: Mr. Alan Bruzzio, Principal Sacred Heart School 43775 Deep Canyon Rd. Palm Desert, CA 92260-3164 To sign any/all applications that relate to the school project located at the following school sites: Sacred Heart School 43775 Deep Canyon Rd. Palm Desert, CA 92260-3164 Signature:'- �� Date: David E. Meier, Director 1201 F . 11ighland Ave.. San Bernardino. ('A 92404 Phone: (909)475-5305 ■ Yax: (909)474-4911 ■ E-mail: ocref«;sbdiocese.org January 4, 2017 W.O. No. 9913 EXHIBIT "A" — Parcel Map Waiver 16-326 (LEGAL DESCRIPTION) Parcel "A" IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING PARCEL "A" OF CERTIFICATE OF COMPLIANCE, PARCEL MAP WAIVER 08-268, RECORDED JANUARY 8, 2009 AS INSTRUMENT NO. 2009-0007628, OFFICIAL RECORDS OF SAID COUNTY OF RIVERSIDE, TOGETHER WITH LOT 29 OF TRACT NO. 2482 AS PER MAP FILED IN BOOK 50, PAGES 88 AND 89 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE, ALL BEING IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 5 SOUTH, RANGE 6 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 22 OF TRACT NO. 2505 IN SAID CITY AND COUNTY AS PER MAP FILED IN BOOK 45, PAGES 48 AND 49 INCLUSIVE, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE; THE POINT BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF FRED WARING DRIVE (FORMERLY 44T" AVENUE) PER GRANT DEED RECORDED JULY 19, 1967 AS INSTRUMENT NO. 62837, OFFICIAL RECORDS OF SAID COUNTY OF RIVERSIDE; THENCE NORTH 000 08' 08" EAST ALONG THE EAST LINE OF SAID TRACT NO. 2505 AND SAID TRACT NO. 2482, A DISTANCE OF 362.40 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN GRANT DEED RECORDED SEPTEMBER 17, 1957 AS INSTRUMENT NO. 66770, OFFICIAL RECORDS OF SAID COUNTY OF RIVERSIDE; THENCE NORTH 000 08' 08" EAST ALONG THE EAST LINE OF LOTS 33 AND 34 OF SAID TRACT NO. 2482, A DISTANCE OF 165.60 FEET TO THE NORTHEAST CORNER OF SAID LOT 33; THENCE NORTH 890 57' 35" WEST ALONG THE NORTH LINE OF SAID LOT 33, A DISTANCE OF 105.37 FEET TO THE EAST LINE OF LOT "A" (FLORINE AVENUE) AS SHOWN ON SAID TRACT MAP NO. 2482; THENCE NORTH 000 02' 25" EAST ALONG SAID EAST LINE OF LOT "A", A DISTANCE OF 293.15 FEET TO A POINT ON A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 370 FEET; THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°04'07", A DISTANCE OF 58.56 FEET TO A POINT ON A REVERSE CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 430 FEET; THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°38'15", A DISTANCE OF 4.78 FEET TO THE NORTHWEST CORNER OF LOT 29 OF SAID TRACT MAP NO. 2482; THENCE SOUTH 890 57' 35" EAST ALONG THE NORTH LINE OF SAID LOT 29, A DISTANCE OF 6.81 FEET TO THE SOUTHEAST CORNER OF LOT 68 OF TRACT NO. 8237 AS SHOWN BY MAP ON FILE IN BOOK 92, PAGES 3 THROUGH 5 INCLUSIVE, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE; THENCE NORTH 000 02' 25" EAST ALONG THE EAST LINE OF LOTS 68 THROUGH 74 INCLUSIVE OF SAID TRACT NO. 8237, A DISTANCE OF 509.46 FEET TO AN ANGLE POINT IN THE SOUTH LINE OF LOT 76 AS SHOWN ON SAID MAP OF TRACT NO. 8237; Page 1 of 2 January 4, 2017 W.O. No. 9913 THENCE SOUTH 890 57' 35" EAST ALONG THE SOUTH LINE OF LOTS 76 THROUGH 82 INCLUSIVE OF SAID TRACT NO. 8237, A DISTANCE OF 470.77 FEET TO THE WESTERLY LINE OF RIGHT-OF-WAY DEDICATION PER INSTRUMENT NO. 59820 RECORDED JULY 11, 1967 AND RESOLUTION OF ACCEPTANCE PER INSTRUMENT NO. 2002-794884 RECORDED DECEMBER 31, 2002, OFFICIAL RECORDS OF SAID COUNTY OF RIVERSIDE; THENCE SOUTH 000 14' 22" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 1031,27 FEET TO THE SOUTHERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN GRANT DEED RECORDED SEPTEMBER 17, 1957 AS INSTRUMENT NO. 66770, OFFICIAL RECORDS OF SAID COUNTY OF RIVERSIDE; THENCE NORTH 890 57' 35" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 374.25 FEET TO THE TRUE POINT OF BEGINNING. SAID AREA CONTAINS 10.846 ACRES, MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAYS AND EASEMENTS OF RECORD. AND V 1L ARMANDO M. ,L MAGANA 70�7 * No. 8232 Np Exp.12-31-17 `Q OF CAOFO� Page 2 of 2 Note: This plat was prepared from 7H 77 7B 70 BO 8 1 record data only and does not 74 N89*57'35"W 470.77' represent a survey of property shown hereon. This map has been approved n 020' CVWD Esmnt. upon the expressed condition that 11 73 - ------ building permits shall not be issued for N --- o ,---------1__ ____ any development within this adjustment ° 72 PARCEL plat until necessary dedications, if any, :6 o �� „I �= � have occurred. , — LO A 1 a 7-1 >> '� N119-57'35"W 10.846 AC.::f-- EXHIBIT6.8;'B ��� L) CALC. W P.M.W. 08-2818 recorded �l 7 1/812009 a9 Instr. No. a° o N 20 0 9-0 00628, O.R. n � `�a, Co F J CN O O oN b °m A=00'3815 O L6' SCE Esmnt 1 o� o° o P. M. W. 16- 326 R=430.00' � Z N81'31'43"W(R) L=4.78' DELETED �INES oz°QNN A=09'04"07 - 11 �S8 ) WSURVEYOR NOTES: R=370.00' 2J- � E(R) cv L=58.56' 1 6' SCE/Verizon Esmnt. 22 N A TM 2482 MB 50/88-89 'N - 70' P.U.E. REC 9125164 ERIAr INS NO 116988, O.R. p ST. 3> O O 11 W I I 10' P.U.E.AA o 2� 6' SCE/VERIZON ESMNT REC 8118111 INS NO 93180, O.R. TO BE ABANDONED. ABANDONED. % \ O 6' SCE ESMNT. REC 7110/81 L N j 6' SCE Esmnt.� V INS NO 131068. O.R. L) a Z ;� SCE Esmnt� V l 1111 �-30' SCE Esmn t. 7 ° 4� SCE ESMNT. REC 6/24/93 l Z INS NO 242390, O.R. o VELARDO N SCE Esmnt.� 0 m SCE ESMNT. REC 7116102 DR. �3 0)o E INS NO 2002-640760, O.R. O O t' Ln N89-57'35'W °o 0 6' SCE ESMNT REC 415/07 Z o INS NO 2007-0230885, O.R. 105.37" ✓, N89'57'35"W W °� _ 374.25' 7\ 30' SCE ESMNT REC 9 17/08 �o INS NO 2008-0507787, O.R. 4� I Q m 7� o T.P.O.B. a� A 20' CVWD ESMNT. REC 5/1/09 INS NO 2009-0218245, 0.R7 ASTER DR. o LANDS w N U-)l o A=89.48'03" Ulv ARMANDO M. iL A l L) m I ro R=25.00' o f o a o MAGANA O V O L- O L=39.18" O 1 Qo * No.8232 * l J P.O.C. �zl �, N N89-57'35"W I � �¢cv N� Exp.12-31-17 �Q _l_ 348.68' _y 0 �FOe� 1" = 200' FRED WARINNI LO DR. J O -f'.5 S' FCAL F Right-of-Way per Deeds to Riverside County recorded Apr. 21, 1958 in Bk. 2258, Pg. 123, O.R., and recorded July 19, 1967 os Inst. No. 62837, O.R. (55' wide) PARCEL "A" PER PMW 08-258 AND FLORINE AVE. 624-211—(030-033) TRACT No. 2482 DEEP CANYON RD. 624-270-003 LOT 29 FRED WARING DR. 624-270-006 Lot No. Street Name A.P.N. PARCEL MERGER PLAT — CITY OF PALM DESERT DUDEKEngineering,Planning, Applicant: Approved by: Environmental Sciences and Management services SACRED HEART CHURCH 40-004 Cook Street.Palm Desed,CA.92211 Tel.(760)601.3411 Fax(760)346.6118 43-775 DEEP CANYON RD. R. PAGE GARNER PALM' DESERT, CA 92260 ACTING CITY SURVEYOR L.S. NO. 6155 e /! l ARMANDO M. MAGANA, L.S. 232 DATE EXP. 3/31/18 D" ATE CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT PLANNING COMMISSION STAFF REPORT REQUEST: FINDING OF GENERAL PLAN CONFORMANCE FOR VACATING A SHORT, DEAD END STREET KNOWN AS ANGLEWOOD DRIVE LOCATED IN SOUTH PALM DESERT SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Ken Blair and Doris J. King 72805 Tamarisk Street Palm Desert, CA 92260 DATE: February 21 , 2017 CONTENTS: Street Vacation Request Letter Exhibit A, Legal Description Vacation Exhibit B Original Record Map Vicinity Map Recommendation By Minute Motion, find that the proposed street vacation of Anglewood Drive does conform to and is consistent with the General Plan. Background Anglewood Drive was originally dedicated for public use for street purposes as lettered Lot "D" and lettered Lot "E" was a 1-foot wide barrier strip for the future extension and improvement of Anglewood Drive. Both Lots "D" and "E" were accepted accordingly by the Riverside County Board of Supervisors on the Map of Tract No. 3755, which recorded with the County on April 13, 1969. Anglewood Drive fell under the City's jurisdiction and maintenance responsibility when the City of Palm Desert incorporated on November 26, 1973. Anglewood Drive, being only about 150 feet long, appears to have been improved with curbs and gutters, asphalt paving, and concrete sidewalks during the 1969-1970 fiscal year, and has been continually maintained by the City since the City incorporated. Anglewood Drive is bounded on the north by Tamarisk Street, and on the south by a block wall on the northerly line of the Palm Desert Tennis Club. The adjoining residential property owners on both sides of Anglewood Drive have inquired about the City vacating the street because it is a dead end street that provides Planning Commission Staff Report Vacation of Anglewood Drive February 21, 2017 Page 2 of 2 no access for the public, nor does it benefit the adjacent private property owners. The City should not expend any further funds for maintenance on the dead end street that really serves no purpose. Apparently, the original thought was that Anglewood Drive would eventually be extended to the south; however, the Palm Desert Tennis Club was developed thereby precluding any extension of Anglewood Drive. The Government code for street vacations requires a separate approval process and public hearing by the City Council. As part of the approval process, California Government Code Section 65402 requires, in part, that the Planning Commission report to the City Council that the subject street vacation does conform with and is consistent with the adopted General Plan. Sub e B Department Head: Mark Gr a wood, P.E. Ryan Stendell Director of Ilublic Works Director of Community Development November 2, 2016 Attn: Mark Greenwood City of Palm Desert- Public Works Department, 73510 Fred Waring Dr. Palm Desert,CA.92260 Mr.Greenwood, My name is Doris J. King. I live at 72805 Tamarisk Street,Palm Desert, CA. I am writing to request a vacating of"Anglewood Drive,the short dead end street which is next to,and adjoins my property to the east off of Tamarisk Street,the other end of the street(Anglewood) butts up against the block wall at the edge of the Palm Desert Tennis Club(at the back of my property). My son-in-law, Ken Blair,will be acting on my behalf to speak to,and work with you regarding acquiring "vacating"the street"Anglewood Drive."(to become part of my property on Tamarisk Street). Ken has spoken to the neighbor to the east,on the opposite side of Anglewood Drive. regarding the vacating of the"Anglewood Drive".Their names are Clark and Sarah Hahne and their address is:72837 Tamarisk Street, Palm Desert,CA.They too are interested in the vacating of Anglewood Drive. We, (the Hahne's and 1) would like to split the street down the middle and we would like to each acquire half of the street to become part of our respective properties. Please let us know what we must do to start the process of vacating"Anglewood Drive"and what, if any,costs there are and if there is anything else involved that we need to do. If you need any additional information,please contact Ken Blair at: 760-831-7522 and he will be happy to get you any additional information you may require. Sincerely, Doris J. Ki g X Ken D.BI i Clark Hahne Ill X X 72805 Tamarisk Street 72837 Tamarisk Street Palm Desert, CA.92260 Palm Desert,CA.92260 EXHIBIT A Anglewood Drive Vacation Legal Description Lot "D" (Anglewood Drive) and Lot "E" (1-foot barrier strip) of Tract No. 3755, in the City of Palm Desert, County of Riverside, State of California, as per map filed in Book 61 of Maps, at Pages 40 and 41, in the office of the County Recorder of said County; Excepting therefrom the northerly 6.00 feet of said Lot "D," measured at right angles from the northerly line of said Lot "D." Exhibit B attached hereto and by this reference is made a part hereof. Containing 8,109.22 sq. ft., more or less. //�_ 4�, " A�i,' IZ311-Z6 / _7 R. Page Garner, L.S., Acting City Surveyor Date City of Palm Desert 0 J Q' EXP.� 3f r cS► OP C - -r9A c i A/0. 3755 M. 's. 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G) m Zo � �RPNK FELTROP CIR N L.5 K FELTROp' C, N FRANK FELTROP CIR N FRANK le B] tb V rC DON LARSON LN (� ,� PANCHO SEG URA LN O JACK O� KRAMER LN 47 Z (� 02 0 � � KEN RO EWALL LN TONY TRABERT LN z � z �OC,R S FRANK FELT OP CIR S FRANK FEL TROP CIR S FRANK FELTROP CIR S AMBROSIA ST AMBROSIA ST AMBER ST AMBER S 2 � n DEER GRASS DR A VICINITY MAP „ 0 VACATE ANGLEWOOD DRIVE 1:2,803 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION TO RECOMMEND APPROVAL OF AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR MARRIOTT SHADOW RIDGE (DA 98-1) LOCATED AT 9003 SHADOW RIDGE ROAD SUBMITTED BY: Heather Buck, Assistant Planner APPLICANT: Marriott Ownership Resorts, Inc. 6649 Westwood Boulevard, Suite 500 Orlando, Florida 32821 CASE NO: DA 98-1, Amendment No. 1 DATE: February 21, 2017 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2689 2. DA 98-1, Amendment No. 1 3. Legal Notice 4. Notice of Action for DA 98-1 through December 10, 2020 5. Request for Extension of Term to DA 98-1 6. Proposed Development Timeline 7. Planning Commission Resolution No. 1889 (Adoption of MND) Recommendation Waive further reading and adopt Planning Commission Resolution No. 2689, recommending approval of Amendment No. 1 to Development Agreement 98-1 (DA 98-1) extending the term by 10 years through December 10, 2030. Background The project site is located on the east side of Monterey Avenue between Frank Sinatra Drive and Gerald Ford Drive. On December 10, 1998, the City Council adopted Ordinance No. 888 approving DA 98-1 for Marriott Shadow Ridge, a timeshare project with approximately 1,200 timeshare units. The original agreement term was for 20 years, expiring on December 10, 2018. On February 17, 2015,the Planning Commission approved a two-year term extension through December 20, 2020 (Notice of Action attached). Staff Report Case No. DA 98-1, Amendment No. 1 Marriott Shadow Ridge Page 2 of 2 February 21, 2017 Project Description The applicant has requested a 10-year term extension to DA 98-1 through December 10, 2030 (attached).To date, Marriott Ownership Resorts, Inc. (MORI) has developed eight phases of the project consisting of 569 villas. MORI is entitled to develop an additional 430 villas with associated amenities and parking. The term of the existing agreement is due to expire in three years, and MORI does not anticipate completion of the remaining villas within this timeline. MORI is currently working on the design and permitting Phase 9A. Construction of this phase is anticipated to be completed by 2021.The remaining phases (Proposed Development Timeline, attached) are expected to be completed by December 2030. Analysis The action to extend the term due to the downturn in the economy is consistent with actions taken by the City of Palm Desert for similar timeshare developments. The City of Palm Desert currently receives Weekly Facilities Fees for the use of each timeshare interest sold, rather than based on a pre-determined aggressive timeshare build out schedule. Again, this is consistent with development agreements for similar product types. A. Findings of Approval: Findings can be made in support of the project, and in accordance with the City's Municipal Code. Findings in support of this project are contained in the Planning Commission Resolution attached to this staff report. Environmental Review The City of Palm Desert adopted a Mitigated Negative Declaration in 1998 when the project was originally approved (Planning Commission Resolution No. 1889, attached). The action to extend the Development Agreement will only extend the term of the build-out, and will not change any environmental impacts. Therefore, no additional California Environmental Quality Act (CEQA) review is required. Submitted By: Heather Buck, Assistant Planner Department Head: Ryan Stendell, Director of Community Development G:\Planning\Heather Buck\Case Files\DA\DA 98-1 Amend 1 Marriott Shadow Ridge-Time Extension\2017-02-21 PC-Staff Report Marriott Shadow Ridge.doc RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from Recording Fees pursuant to California Government Code Section 6103. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT DA 98-1 ("First Amendment") is made and entered into as of the_day of 2017 (the "Effective Date"), by and between the CITY OF PALM DESERT, a municipal corporation ("City") and MARRIOTT OWNERSHIP RESORTS, INC., a Delaware corporation ("Developer") and is made with reference to the background facts and circumstances set forth in the Recitals below. RECITALS A. On December 10, 1998, the City and Developer did enter into Development Agreement DA 98-1 (adopted as Ordinance No. 888) ("Development Agreement") for Marriott Shadow Ridge, a timeshare development; B. On February 17, 2015, the Planning Commission did approve a two-year term extension for DA 98-1 through December 2020. That extension was not memorialized in an amendment to the Development Agreement; C. As acknowledged in Section 7.4 of DA 98-1, it was difficult to "predict when or the rate at which phases of the Property will be developed" and that "such decisions depend upon numerous factors which are not within the control of the Developer, such as market orientation and demand, interest rates, absorption completion and other similar factors;" D. Due to the unprecedented and unanticipated economic conditions facing the country, further development of the Marriott Shadow Ridge property has not occurred as originally contemplated; E. City and Developer agree that continued development of the Marriott Shadow Ridge property is in the best interests of City and the Developer; F. City and Developer now desire to amend DA 98-1 as it applies to Section 5 (Term) to extend the term for an additional 10 years through December 2030; NOW THEREFORE, in consideration of the above recitals and of the mutual covenants contained herein, the parties hereto agree as follows: 72500.0001 1\295719 01.2 1. Term. Section 5 ("Term") of the Development agreement is amended to provide that the Development Agreement shall expire on December 10, 2030, subject to earlier termination or extension as provided in the Development Agreement. All other provisions of the Development Agreement shall remain in the same. IN WITNESS WHEREOF the parties hereto have entered into this First Amendment as of the date and year first above written. Developer MARRIOTT OWNERSHIP RESORTS, INC. a Delaware corporation By: Print Name: Title: City CITY OF PALM DESERT By: Jan C. Harnik, Mayor Attest: Rachelle D. Klassen, City Clerk City of Palm Desert Approved as to Form: By: Robert W. Hargreaves, City Attorney City of Palm Desert 72500.00011\295719 _2_ 01.2 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On before me, Date Here Insert Name and Title of the Officer Personally appeared (Names of signers) Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public 72500,0001 1\295719 _3_ 01.2 PLANNING COMMISSION RESOLUTION NO. 2689 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR MARRIOTT SHADOW RIDGE (DA 98-1) LOCATED AT 9003 SHADOW RIDGE ROAD CASE NO: DA 98-1, Amendment No. 1 WHEREAS, the precise plan for the Marriott Shadow Ridge project was originally approved subject to conditions by the City Council on November'12, 1998, pursuant to Resolution No. 98-108; and WHEREAS, the original project approval was processed pursuant to a Mitigated Negative Declaration of Environmental Impact, which was certified November 12, 1998; and WHEREAS, the City Council did, at their meeting on December 10, 1998, approve Development Agreement DA 98-1 (adopted as Ordinance No. 888) with Marriott Ownership Resorts, Inc. for Marriott Shadow Ridge, a timeshare project; and WHEREAS, the Planning Commission did, at their meeting on February 17, 2015, approve a two-year term extension for DA 98-1 through December 2020; and WHEREAS, the current application is a request to extend the Development Agreement term for an additional 10 years; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21 st day of February, 2017, hold a duly noticed public hearing to consider the request by Marriott Ownership Resorts, Inc., for approval of the above noted; and WHEREAS, the action to extend the Development Agreement will only extend the term `of the build'-out and will not extend any environmental impacts; therefore, no additional CEQA review,is,requiredd. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of Development Agreement DA 98-1, Amendment No. 1. PLANNING COMMISSION RESOLUTION NO. 2689 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on this 2f day of February 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: NANCY DELUNA, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 CITY OF PALM DESERT LEGAL NOTICE CASE NO. DA 98-1 AMENDMENT NO. 1 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION FOR APPROVAL OF AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR MARRIOTT SHADOW RIDGE LOCATED AT 9003 SHADOW RIDGE ROAD The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), adopted a Mitigated Negative Declaration in 1998 when the project was originally approved. The action to extend the Development Agreement (DA) will only extend the term of the build-out, and will not change any environmental impacts. Therefore, no additional CEQA review is required. Project Location/Description: Project Location: 9003 Shadow Ridge Road Project Description: The applicant is requesting approval of a first amendment to DA 98-1 as it relates to the entitlement timeline. The change will extend the term of the DA by 10 years. The project entitlement is currently set to expire in 2020. The 10-year amendment will extend the term of the DA to December 10, 2030. Recommendation: Staff is recommending approval of the amendment. Public Hearing: The public hearing will be held before the Planning Commission on February 21, 2017, at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period for this project is from February 11, 2017 to February 21, 2017. Public Review: The DA and related documents are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Heather Buck, Assistant Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 hbuck @ cityof palm desert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary February 11, 2017 Palm Desert Planning Commission V 'k 73-510 FREDWARINc; DRIVE Ni.m DFSERT,CALIFORNIA 9226o-2578 TEL: 760 3 46-o6 i i ........................ PLANNING COMMISSION MEETING NOTICE OF ACTION February 18, 2015 Marriott Vacations Worldwide 6649 Westwood Boulevard Orlando, Florida 32821 Subject: Consideration of a Two-Year Extension for Term Development Agreement 98-1 for Marriott Shadow Ridge The Planning Commission of the City of Palm Desert considered your request and took the following action at its regular meeting of February 17, 2015: The Planning Commission approved the extension (until December 10, 2020) for Case No. TT 28818, Motion carried by a 5-0 vote. Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. Lauri Aylaian, Secretary Palm Desert Planning Commission cc: File Building & Safety Department Public Works Department Fire Marshal City of Palm Desert WN 2 2016 664c)Westwood Boulevard �rr��� 4 Suite 500 Orlando, 32521-6090 Resorts Development =407/'06-6000 OWNERSHIP RESORTS —ommuffly Pmen October 21, 2016 Mr. Ryan Stendell City Clerk Director of Community Development City of Palm Desert City of Palm Desert 73-510 Fred Waring Drive 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Palm Desert, CA 92260-2578 Subject: Request For Extension Of"Term" — Development Agreement 98-1 Dear Mr. Stendell: As you are aware, the City of Palm Desert and Marriott Ownership Resorts, Inc. ("MORI") entered into that certain Development Agreement ("DA") dated December 10, 1998 providing for the development of Marriott's Shadow Ridge resort (the "Project"). Terms not otherwise defined herein shall have the meaning ascribed to them in the DA. Taking into account the initial extension to the DA approved by the Planning Commission, the DA will expire on December 10, 2020. The Planning Commission's approval of the extension was memorialized by Notice of Action dated February 18, 2015 wherein the Planning Commission approved the extension for case No.TT 28818. To date, or over the last seventeen (17) years, MORI has developed eight (8) phases of the Project consisting of 569 Villas. However, pursuant to the DA, MORI is entitled to develop an additional 430 Villas with associated amenities, functional areas and parking. As the Term of the DA is due to expire in four (4) years, it is obvious that the development of the remainder of the Project would not be feasible prior to such expiration. As acknowledged in section 7.4 of the DA, it was difficult to "predict when or the rate at which phases of the Property will be developed" and that"such decisions depend upon numerous factors which are not within the control of the Developer, such as market orientation and demand, interest rates, absorption completion and other similar factors." In this case, the erratic and unstable economic and market fluctuation/orientation, unpredictable demand and absorption rates and many other business factors impacted commencement and completion of subsequent phases and extended our anticipated build-out of the Project. Accordingly, and as anticipated by section 7.4 of the DA, MORI is hereby requesting that the City of Palm Desert provide MORI an extension to the current "Term" of the DA through and including December 10, 2030. In support of such request, representative of MORI would be honored to meet with representatives from the City of Palm Desert to discuss details regarding our build-out of this world-class Project. We appreciate your consideration and look forward to hearing from you. Sincerely, Brett R. Sutherland VP Development Management Marriott Ownership Resorts, Inc. MARRIOTT'S SHADOW RIDGE RESORT PROPOSED PRELIMINARY) DEVELOPMENT TIMELINE Pursuant to 10 Year Extension for Term Development Agreement 98-1 Phase Building Occupancy # of Units 9A Buildings 4600, 4700 Dec-21 58 9B Buildings 4800, 4900 Dec-22 48 10A Buildings 6100, 6300 Dec-25 70 10B Buildings 6000, 6200 Dec-26 54 11A Buildings 6500, 6600 Dec-28 54 11B Buildings 6400, 6900, 7000 Dec-29 92 11C Buildings 7100, 7200 Dec-30 54 1 MORI reserves the right to resequence,modify or affect the timing of the Preliminary Development Timeline from time to time and to the extent deemed necessary or desirable within the requested/granted Development "Term"Extension. PLANNING COMMISSION RESOLUTION NO. 1889 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL `m APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A REVISED PRECISE PLAN OF DESIGN, CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP TO ALLOW DEVELOPMENT OF A 999 UNIT TIMESHARE RESORT AND AN EXCEPTION TO THE BUILDING HEIGHT LIMIT IN THE PR (PLANNED RESIDENTIAL) ZONE TO BE LOCATED ON THE EAST SIDE OF MONTEREY AVENUE BETWEEN FRANK SINATRA DRIVE AND GERALD FORD DRIVE. CASE NOS. PP/CUP 98-5 (REVISED) AND TT 28818 (REVISED) WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of August, 1998, hold a duly noticed public hearing to consider the request by MARRIOTT OWNERSHIP RESORT, INC., for the above mentioned project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18, Director of Community Development has determined that the project as mitigated will not have a significant impact on the environment and a Negative Declaration has been prepared; and law WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify recommending approval of said revised precise plan, conditional use permit, and tentative tract map: PRECISE PLAN 1 . The design of the precise plan will not substantially depreciate property values nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety, or general welfare. CONDITIONAL USE 1 . That the proposed location of the conditional use is in accord with the objectives of the Palm Desert Zoning Ordinance and the purpose of the district in which the site is located. %Wo PLANNING COMMISSION RESOLUTION NO. 1889 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of the Palm Desert Zoning Ordinance, except for approved variances, adjustments and exceptions. 4. That the proposed conditional use complies with the goals, objectives, and policies of the city's general plan. 5. The proposed timeshare resort will operate "in conjunction with" the Desert Springs Marriott Resort, a hotel operating in the City of Palm Desert having more than 500 rooms. 6. The proposed timeshare resort will be located within an eighteen hole golf course of not less than six thousand four hundred (6,400) yards. TENTATIVE TRACT MAP 1 . That the proposed tentative map is consistent with applicable general and specific plans. ..r 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. .j 8. The design will allow unrestricted solar access to all lots. 2 PLANNING COMMISSION RESOLUTION NO. 1889 WHEREAS, in the review of this tentative tract map the planning commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That Revised Precise Plan/Conditional Use Permit 98-5 is hereby recommended for approval to the City Council, subject to the attached conditions, Exhibit A. 3. That the Planning Commission does hereby recommend approval of the above described Revised Tentative Map No. 28818 on file in the Department of Community Development, subject to the attached conditions. 4. That the Planning Commission recommends to the City Council that the maximum height of the three story buildings shall be 36 feet, subject to the conditions relating to setbacks. two 5. That a Negative Declaration of Environmental Impact, Exhibit B attached, is recommended for certification. 6. That the recommendation of approval granted pursuant to Planning Commission Resolution No. 1860 is hereby rescinded. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of August, 1998, by the following vote, to wit: AYES: FINERTY, CAMPBELL NOES: JONATHAN ABSENT: FERNANDEZ ABSTAIN: BEATY .ISONIA M. CAMPBELL, Chairperson PHILIP DRELL, ecretary Palm Desert Planning Commission 3 PLANNING COMMISSION RESOLUTION NO. 1889 EXHIBIT A CONDITIONS OF APPROVAL CASE NOS. PP/CUP 98-5 REVISED AND TT 28818 REVISED Department of Community Development: 1 . The development of the property shall conform substantially with revised exhibits on file with the Department of Community Development, as modified by the following conditions. 2. That the final map or portion thereof shall be recorded within two years from the date of approval unless an extension of time is granted; otherwise, said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. All future occupants of the buildings shall comply with parking requirements of the ordinance. 6. Marketing practices shall not include street solicitation. 7. Advertising shall strictly adhere to Palm Desert's Zoning Ordinance Chapter 25.68 pertaining to signage. 4 PLANNING COMMISSION RESOLUTION NO. 1889 8. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable trash company and Department of r` Community Development. 9. Should the applicant/owner choose to create an illuminated parking lot(s) or illuminate the building exteriors, a detailed parking lot and/or building lighting plan shall be submitted for staff approval, subject to applicable lighting standards, plans to be prepared by a qualified lighting engineer. 10. All sidewalk plans shall be reviewed and approved by the Department of Public Works prior to Architectural Review Commission review of final landscape plan. 1 1 . Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 12. Final landscape plans shall comply with the parking lot tree planting master plan. 13. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape Ian shall include a long-term maintenance programspecifying, amon other matter, P 9- P 9 9 appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 14. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, TUMF and school mitigation fees and low income housing mitigation fee. 15. That the site grading plan be designed to lower the site at least two (2) feet in the area west and northwest of the homes on Drexell Drive. Said two (2) foot lowering of the site shall be relative to the existing grade in the area where the buildings are to be located or relative to the existing grade in the rear yards of the homes on the west side of Drexell Drive, whichever provides the greater protection to the views from the homes on the west side of Drexell Drive. 16. That all mitigation measures contained in the traffic study dated May 14, 1998, prepared by Nickerson, Diercks and Associates shall be conditions of this approval. 5 PLANNING COMMISSION RESOLUTION NO. 1889 17. That the design of the east end of the buildings nearest the homes on Drexell Drive shall not include windows or balconies facing east. 18. That the golf course, clubhouse, and sales center be constructed as part of phase 1 . 19. That the three story buildings shall not exceed 36 feet in height and shall be setback a minimum of 340 feet from the residential property lines adjacent to the K & B development. 20. That the perimeter fence design include wrought iron openings to create view corridors into the golf course. 21 . That the parking for the timeshare units shall be at a ratio of 1 .5 spaces per unit with at least one space per unit covered. 22. That the design of the maintenance building include sufficient parking on site for all employees of that facility. 23. That any conversion of the project or any unit within the project to other than timeshare or transient tourist use must first obtain approval by the City in consultation with the Palm Springs Unified School District or such school district which is serving the property at that time. Department of Public Works: 1 . Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and Ordinance No. 653 shall be paid prior to recordation of the final map. 2. Any drainage facility construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The project shall be designed to retain stormwaters associated with the increase in developed vs. undeveloped condition for a 100 year storm. 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. The costs associated with the installation of new traffic signal and modification of existing signal systems for this project may be used as a credit against the subject signalization fees. Such a credit would be subject to approval by the Palm Desert City Council. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of grading/building permit issuance. 6 PLANNING COMMISSION RESOLUTION NO. 1889 5. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 6. Complete tract map shall be submitted as required by ordinance to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 7. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 8. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 9. In accordance with the Circulation Network of the Palm Desert General Plan, installation of landscaped median island in Monterey Avenue from Gerald Ford Drive south to a point southerly of the mid-section line of Section 32 shall be provided. In addition, applicant shall provide for the installation of landscape improvements within the existing median islands in Frank Sinatra Drive and Gerald Ford Drive. Landscape shall be drought tolerant in nature. 10. Landscape installation on the property frontages shall be drought tolerant in nature and maintenance shall be provided by the property owner. Landscaping maintenance for the proposed median island improvements shall be provided through a landscape and lighting maintenance district. Applicant shall be responsible for the formation of said district. 11 . Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. In addition to the above noted items, those traffic impact mitigation measures identified in the project Traffic Impact Analysis prepared by Nickerson, Diercks & Associates/Valley Research and Planing Associates shall be provided. The subject report and proposed mitigation measures shall be approved by the Public Works Department. Residential street sections shall be as shown on the tentative tract map with a minimum width of thirty-two feet. Rights-of-way as may be necessary for the construction of required public improvements shall be provided on the Tract Map. %1W 7 PLANNING COMMISSION RESOLUTION NO. 1889 12. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Stormwater Management and Discharge Control. 13. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 14. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 15. Traffic safety striping on Monterey Avenue, Gerald Ford Drive and Frank Sinatra Drive and the proposed residential streets shall be provided to the specifications of the Director of Public Works. A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings. 16. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 17. As required under Sections 26.32 and 26.40 of the Palm Desert Municipal Code, all existing overhead utilities shall be placed underground per the respective utility district recommendation. 18. Waiver of access rights to Monterey Avenue, Frank Sinatra Drive and Gerald Ford Drive except at approved locations shall be granted on the Tract Map. 19. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination (NPDES) General Permit (Permit # CAS000002) for storm water discharges associated with construction. 20. All project access points shall provide for acceleration and deceleration lanes. Existing medians on Frank Sinatra Drive and Gerald Ford Drive shall be modified to provide for full project ingress/egress. 5 8 PLANNING COMMISSION RESOLUTION NO. 1889 Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA standards, CFC, CBC, and/or recognized fire protection standards. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per California Fire Code Sec. 10.401 . 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible materials are placed on the job site. 3. Provide, or show there exists, a water system capable of providing a potential 2500 for multifamily and 3000 for commercial structure. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for two hours duration at 20 psi residual operating pressure. 4. The required fire flow shall be available from a Super hydrant(s) (6"x4"x2%" x 2'/2 located not less than 25' or more than 165 feet from multifamily and 150 feet commercial from any portion of the building(s) as measured along approved vehicular travelways. Hydrants installed below 3000 feet elevation shall be of the "wet barrel" type. 5. Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the County Fire Department for review. No building permit shall be issued until the water system plan has been approved by the County Fire Chief. Upon approval, the original will be returned. One copy will be sent to the responsible inspecting authority. 6. Comply with Title 24 of the California Code of Regulations, adopted January 1, 1990, for all occupancies. 7. Install a complete fire sprinkler system per NFPA 13 R. The post indicator valve and fire department connection shall be located to the front, not less than 25' from the building and within 50' of an approved hydrant. This applies to all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered per NFPA 13. The building area of additional floors is added in for a cumulative total. Exempted are one and two family dwellings. %no 9 PLANNING COMMISSION RESOLUTION NO. 1889 OTHER: NFPA 1313 plus special provisions of fire sprinklers in attics and protect exit ways on r► second floor. 8. Install a fire alarm (water flow) as required by the Uniform Building Code 3803 for sprinkler system. Install tamper alarms on all supply and control valves for sprinkler systems. 9. Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs approved by the Fire Marshal. 10. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire Code. Minimum requirement is UL central station monitoring of sprinkler system per NFPA 71 and 72. Alarm plans are required for all UL central station monitored systems, systems where any interior devices are required or used. (U.F.C. 14-103(a)) 1 1 . Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A1 OBC in rating. Fire extinguishers must not be over 75' walking distance. In addition to the above, a 4013C fire extinguisher is required for commercial kitchens. 12. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around (55' in industrial developments). Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. 13. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the Fire Department. All controlled access devices that are power operated shall have a Knox Box over-ride system capable of opening the gate when activated by a special key locate din emergency vehicles. Devices shall be equipped with backup power facilities to operate in the even of power failure. All controlled access devices that are not power operated shall also be approved by the Fire Department. Minimum opening width shall be 16' with a minimum vertical clearance of 13'6". 14. A dead end single access over 500' in length will require a secondary access, sprinklers or other mitigative measure approved by the Fire Marshal. Under no circumstances shall a single dead end access over 1300 feet be accepted. 10 PLANNING COMMISSION RESOLUTION NO. 1889 15. A second access is required. This can be accomplished by two main access points from main roadway or an emergency gated access into an adjoining development. 16. Contact the Fire Department for a final inspection prior to occupancy. 17. All new residences/dwellings are required to have illuminated residential addresses meeting both City and Fire Department approval. Shake shingle roofs are no longer permitted in the cities of Indian Wells, Rancho Mirage or Palm Desert. 18. Commercial buildings shall have illuminated addresses of a size approved by the city. 19. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Fire Marshal's office for submittal requirements. 11 PLANNING COMMISSION RESOLUTION NO. 1889 EXHIBIT B Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. MITIGATED NEGATIVE DECLARATION CASE NOS: PP/CUP 98-5 Revised and TT 28818 Revised APPLICANT/PROJECT SPONSOR: Marriott Ownership Resort, Inc. PROJECT DESCRIPTION/LOCATION: An 18-hole golf course, 999 unit timeshare resort and amenities on 306± acres on the east side of Monterey Avenue between Frank Sinatra Drive and Gerald Ford Drive. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. u u 1998 PHILIP DREI-q DATE DIRECTOR OF COMMUNITY DEVELOPMENT /tm 12