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HomeMy WebLinkAboutRes No 210PLANNING COMMISSION RESOLUTION NO. 210 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING A DEVELOPMENT PLAN ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF 44TH AVENUE AND HIGHWAY 111. CASE NO. DP 01-77 WHEREAS, pursuant to the provisions of Section 25.39 of the Palm Desert Zoning Code, the Planning Commission did on January 25, 1977, hold a duly noticed Public Hearing to consider the application of GOODEN INDUSTRIES, INC. for Develop- ment Plan approval to allow a resort hotel complex consisting of 156 hotel rooms, an 8,000 square foot restaurant facility and related commercial and recreational facilities on a 9-acre parcel located in the PC(4) Zone District and situated generally at the southeast corner of 44th Avenue and Highway 111, and more par- ticularly described as: APN 629-023-004 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 74-14", in that the project has been determined to be exempt under Section 15061(e) of the California Administrative Code; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the granting of said Development Plan: 1) The project conforms to the Palm Desert General Plan; 2) The project conforms to the Palm Desert Redevelopment Plan; 3) The project meets the intent of Article 25.18 of the Palm Desert Zoning Ordinance. WHEREAS, the Planning Commission has found the following facts to justify granting exceptions to reduce the required parking from 409 spaces to 378 spaces and increase the maximum number of accesses from two to four: 1) The unique relationship of the proposed uses will result in joint usage of parking spaces to easily offset the reduction of the required parking by 31 spaces; 2) The proposed reduction in parking falls within the 10% adjustment formula as specified under Section 25.39-5.04 of the City's Zoning Ordinance; Planning Commission Resolution No. 210 3) The revised location of a majority of the required parking adjacent to the high intensity uses which are the proposed hotel, restaurant, and commer- cial uses makes for a better functional relationship which mitigates the reduc- tion of parking by 31 spaces; 4) Even with the approved exceptions, the proposed project meets the intent and purpose of the Planned -Commercial Zone District; 5) The increase in the number of accesses to the project is justified since the single ingress and the single egress approved for the Highway 111 frontage is limited to entry only which requires at least two openings on 44th Avenue; 6) The proposed spacing of the accesses to the property is such as to mitigate any potential vehicular conflicts. 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. The Planning Commission in approving this Development Plan No. 01-77 does hereby grant the two modified exceptions as described above and does hereby deny the two exceptions requested by the applicant; 3. The Planning Commission does hereby approve Development Plan No. 01-77 for reasons; subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a special meeting of the Palm Desert Planning Commission, held on this 25th day of January, 1977, by the following vote, to wit: AYES: BERKEY, KELLY, MILLS, READING, WILSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: R'UL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION P PLANNING COMMISSION REVISED RESOLUTION NO. 210 JANUARY 25, 1977 CONDITIONS OF APPROVAL CASE NO. DP 01-77 I. STANDARD CONDITIONS: 1. The development of the property shall conform substantially with that as shown on plot plan marked Exhibit 'A-1' and related Exhibits B & C on file with the Department of Environmental Services, Case No. DP 01-77, unless otherwise amended by the following conditions. The plot plan marked Exhibit A is hereby denied. 2. Prior to the 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 public agencies: County Department of Public Health City Engineer -City of Palm Desert Palm Desert Design Review Board Process City Fire Marshall -City of Palm Desert Coachella Valley County Water District Regional Water Quality Control Board #7 Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building and Safety at the time of is- suance of a building permit for the use contemplated herewith. 3. A landscaping, grading, lighting, amenities, trash storage, walkway layout, and irrigation plan shall be submitted through the Design Review Process. The building permit when issued shall include the grading, lighting, amenities, trash storage, walkways, swimming pool equipment, and irrigation systems. No final inspection or occupancy shall be given by the Department of Environmental Services to this project until the aforementioned approved plans and construction shall have been completed. 4. The Fire Protection Requirements as specified in the Fire Marshall's memo dated January 12, 1977, attached hereto, shall apply. 5. Construction of the development permitted hereby shall be done as a single project. 6. The sewerage disposal system shall be submitted to and approved by the Coachella Valley County Water District prior to issuance of a building permit. 7. Construction shall commence within one (1) year after final approval, otherwise said approval shall become null and void and of no effect whatsoever. 8. Prior to the issuance of any permits, the applicant shall agree in writing to any conditions of approval. 9. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force, or which here- after may be in force. II. SPECIAL CONDITIONS: 1. The maximum uses approved by this Development Plan are as follows: 156 unit hotel - 8,000 square foot restaurant - 7,500 square feet of commercial uses which must be clearly auxiliary to the proposed hotel -1- REVISED 1-25-77 CASE NO. DP 01-77 - recreation facilities totalling 12,000 square feet of building area, and their related open recreation areas which are construed as auxiliary to the hotel activity. 2. The applicant shall underground all existing and proposed overhead utility distribution lines on the property and/or along the full frontage of the project. 3. The applicant shall be responsible for the improvement of 44th Avenue for the full frontage of the property to City Standards and as approved by the City Engineer on the basis of a 70' half street right-of-way. Improvements shall consist of, but not be limited to: a. Completion of curb, gutter, and related tie-in paving for the full frontage. b. Installation of a meandering 10' wide P.C.C. pedestrian and bicycle path for the full length of the subject property. c. Street lights as required by the City Engineer. d. Landscaping, sprinkler system, and earth berming of a minimum average height of three feet above the ultimate curb height as approved by the Director of Environmental Services. e. Any required drainage structures as deemed necessary by the City Engineer to guarantee drainage from 44th Avenue to the Palm Valley Channel will occur. 4. The applicant, subject to an encroachment permit issued by the State of California Department of Transportation and approval of the City Engineer, shall be responsible for the improvement of the full frontage of the property on Highway 111 on the basis of 55' half street right-of- way. Said improvements shall include, but not be limited to: a. Completion and/or modification of the curb, gutter, and tie-in paving to provide for the proposed deceleration lane. b. Street lights. c. Landscaping and sprinkler system. 5. That all landscape areas adjacent to parking areas shall be enclosed by a raised concrete curb or low wall. All planters adjacent to the street right-of-way shall be constructed with weep holes. 6. That prior to construction the applicant shall submit a drainage plan to the Building Official for consideration and approval. 7. That this approval is subject to the City of Palm Desert receiving all necessary dedications and easements from the applicant. 8. That all areas shown as open parking areas shall be surfaced with asphalt concrete and shall be suitably marked, outlining individual parking spaces and traffic flow. Said surfacing and marking shall be completed prior to final inspection of the structure or struc- tures by the Department of Building and Safety. All open parking space shall be a minimum of 9' wide by 20' deep and the surface shall be maintained in a reasonable state of repair at all times. 9. Prior to the issuance of any building permits, the applicant shall dedicate to the City an easement on the 30' wide area for the full frontage of the subject property on State Highway 111. Said ease- ment shall provide for the usage of the area for public access. The installation of the indicated improvements and future maintenance of the area shall be the responsibility of the developer and at his cost. The form of the agreement shall be subject to the approval of the City Attorney. 10. Fire protection conditions as required by the City Fire Marshall in his memo dated January 12, 1977, attached hereto, shall be met as a part of the development. REVISED 1-25-77 CASE NO. DP 01-77 11. A landscaped strip along the frontage of Highway 111, 47' in width shall be provided and maintained. (This area shall consist of a 17' parkway and a 30' setback.) A minimum of 19 shade trees shall be provided therein, along with a 10' wide meandering bike and pe- destrian path and undulating berms averaging 3' in height. An ease- ment encompassing this area shall be given to the City for public circulation. Maintenance of this area shall be the responsibility of the developer in perpetuity. 12. A landscaped screen (minimum 7' in height) shall be provided along the Palm Valley Channel. The prescribed height shall be obtained within 19 months from the time construction begins. 13. Shade trees as prescribed by ordinance (one tree per five parking spaces) shall be provided and maintained throughout the parking area. 14. No signs shall be considered approved as a part of this action. 15. All window areas on store fronts of all stores shall be "tinted glass". 16. An automatic underground sprinkler system shall be provided to all landscaped areas. 17. All sidewalks at intersection points with streets shall be ramped instead of curbed. Specific details shall be as required by the City Engineer. 18. As a part of development, the subject property shall be annexed to Improvement Districts No. 54 and No. 80 of the Coachella Valley County Water District for sanitation service. 19. As a part of development, a center line stripeing, stop sign designa- tion, loading area designation, and other traffic directional signs shall be provided throughout the proposed parking areas as approved by the City Engineer. 20. The developer, as part of his application for building permits shall enter into an agreement with the City to pay one -eighth of the actual cost of the installation of a traffic signal system at the intersection of Highway 111 and 44th Avenue or the City's cost, whichever is less, if the project is funded under a grant program. Accompanying said agreement shall be a payment in the amount of $12,500 which is the ap- plicant's estimated cost for the installation of said traffic signal system to State standards at the time of agreement. 21. Prior to the issuance of any building permits, a detailed plan of all proposed exterior lighting, including required parking lot lighting, tennis court lighting, etc., shall have been reviewed and approved by the Design Review Board and the Planning Commission. 22. Where practical, on -site drainage shall be conducted directly to a storm drain or channel. 23. A raised median shall be installed in Highway 111 for sufficient length east of Avenue 44 to adequately control access to eastbound Highway 111. AGREEMENT I accept and agree, prior to use of this permit or approval, to comply with all the conditions set forth, and understand that the Department of Building & Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. (Date) (Applicant's Signature) -3- TO: FROM: INTEROFFICE MEMORANDUM City of Palm Desert PAUL WILLIAMS, DIRECTOR OF ENVIRONMENTAL SERVICES BUD ENGEL, FIRE MARSHAL SUBJECT: DP-01-77 DATE: January 12, 1977 Provide the following fire protection: 1. Install a water system capable of delivering 5500 GPM fire flow for a five (5) hour duration in excess of sprinkler system or domestic supply. 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. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and tops and nozzle caps shall be painted green. C. Curbs (if installed) shall be painted red 15 feet in either direction from each hydrant. 3. Prior to issuance of a building permit, the developer shall furnish the original and three (3) 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 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 Development Plan Number DP 01-77 is in accordance with the requirements prescribed by the Fire Marshal." 5. The hotel building shall be equipped with complete automatic fire sprinkler protection in accordance with National Fire Protection Association Standard #13. BUD ENGEL Fire Marshal jes RECEIVED JAN 1 ENVIRONMENTAL SERVICES CITY OF PALM DESERT -4-