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HomeMy WebLinkAboutRes No 612PLANNING COMMISSION RESOLUTION NO. 612 \rr taw •or A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING IN MODIFIED FORM A DEVELOPMENT PLAN AND VARIANCE TO ALLOW CONSTRUCTION OF A HOTEL/CONDOMINIUM COMPLEX, RACQUET CLUB, AND COMMER- CIAL SPACE, LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND 44TH AVENUE. CASE NOS. DP 03-80 and VAR 03-80 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 14th day of March, 1980, hold a duly noticed Public Hearing and continued Public Hearing on June 18 and July 1, 1980, to consider a request by STEIN-BRIEF/VISTA for approval of a Development Plan to construct a hotel/condominium complex, racquet club and commercial space and a Variance to allow additional ingress/egress points from adjacent streets, deviation from parking requirements for public assembly spaces, and deviation from perimeter landscape screening standards, on approximately 29.29 gross acres, within the PC(4), S.P. (Planned Commercial, Resort, Scenic Preservation Overlay) zone, generally located at the southwest corner of Highway 111 and 44th Avenue, more particularly described as: Tract Maps 4489-1 and 4489-2 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32", in that the Director of Environmental Services has determined that the project has been previously assessed in connection with the Redevelopment Plan and related Environmental Impact Report. WHEREAS, at said continued 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 to justify their actions, as described below: Modified Development Plan Approval a. The proposed project as modified generally conforms to the purpose and intent of the PC(4) Zone District, Redevelopment Plan and City General Plan. b. The proposed project as modified, and with specific exceptions to development standards granted, is adequately suited for the subject site and is compatible with existing and proposed development in the area. c. The proposed project, as modified, will not be detrimental to the health, safety and general welfare of the community. lir Modified Variance Approval a. That strict or literal interpretation and enforcement of Sections 25.30.170, and 25.30.120 of the Municipal Code would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning ordinance; b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the PC(4) zone; c. That strict or literal interpretation and enforcement of Sections 25.30.170, and 25.30.120 of the Municipal Code would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone; d. That the granting of the variance in modified form will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. PLANNING COMMISSION RESOLUTION NO. 612 Page Two 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 `„W constitute the findings of the Commission in this case. 2. That the Planning Commission does hereby approve in modified form Case Nos. DP 03-80 and VAR 03-80, as specified in, and subject to, those conditions attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of July, 1980, by the following vote, to wit: ATTEST: AYES: BERKEY, KRYDER, MCLACHLAN, RICHARDS, MILLER NOES: NONE ABSENT: NONE ABSTAIN: NONE CHARL S ILL , Chairman PAUL A. WILLIAMS, Secretary /1r PLANNING COMMISSION RESOLUTION NO. 612 CONDITIONS OF APPROVAL CASE NOS. DP 03-80 and VAR 03-80 Page Three Standard Conditions: 1. The development of the property shall conform substantially with Exhibits A thru K (Case Nos. DP 03-80 and VAR 03-80) on file with the Department of Environmental Services, as modified by the following conditions and as superseded by revisions to the site plan. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the City which include, but are not limited to, Design Review, Subdivision process, and building permits procedures. 3. Construction of the total development may be done in phases; however, each individual phase shall meet or exceed all Municipal Code require- ments to the degree that the City could consider each phase as a single project, and have specific approval from the Planning Commission. The Hotel shall be constructed as a part of the first phase. 4. Construction of a portion of said project shall commence within one year from the date of final approval otherwise said approval shall become null, void and of no effect whatsoever. 5. Prior to the issuance of any City permits for the commencement of construction on said project, the applicant shall agree in writing to these Conditions of Approval. 6. 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. 7. All existing electrical distribution lines, telephone, cable antenna television, and similar service wires or cables, which are adjacent to the property being developed shall be installed underground as a part of development from the nearest existing pole not on the property being developed. 8. All requirements of the City Fire Marshal shall be met as part of the development of this project per attached letter dated March 18, 1980. 9. Construction plans shall be submitted for approval to the City Fire Marshal prior to issuance of building permits. All conditions shall be made a part of construction and no certificate of occupancy shall be issued until completed. 10. Traffic control provisions shall be provided as required by the Director of Public Works. 11. Curb, gutter, sidewalk or approved pathways, and tie-in paving shall be provided in conformance with City Standards and/or as required by the Director of Public Works. 12. 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: Riverside County Department of Health Palm Desert Design Review Board Process City Fire Marshal Coachella Valley Water District Evidence of said permit or clearance from the above agencies shall be presented to the Dept. of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. 13. No development shall occur on the subject property prior to its conso- lidation or resubdivision and recordation of a final map. War PLANNING COMMISSION RESOLUTION NO. 612 Page Four SPECIAL CONDITIONS 1. Within this approval action the following site use facilities are authorized: - Hotel (with condominium ownership allowed), consisting of 390 hotel units yielding a maximum of 780 rentable rooms. - Hotel lobby building; containing 3,950 s.f. of hotel operations space which includes 500 s.f. of gift shop, an additional 830 s.f. of administration and a 2,500 s.f. of lounge. Hotel Recreational Pool Areas (14). Racquet Club/Convention Facility building, containing 35,770 square feet of gross building area with a minimum of 4,880 sq. ft. of meeting area. Outdoor Tennis Courts (17). - Outdoor Paddle Tennis Courts (5). - Championship (exhibition) Tennis Court (without permanent seating provided). - Restaurants (2), containing 6,000 and 7,000 square feet of gross building area (excluding drive-in or drive-thru operations). - Commercial Shops, containing 1,000 square feet of gross building area which may contain ancillary sales or service establishments. - Surface and subsurface parking facilities. - 2.54 acres, reserved as a future phase. 2. If proposed hotel units are to be sold to separate individuals, the applicant (developer/subdivider) shall provide, as a part of the Tentative Tract application, proposed covenants, conditions and restrictions which limits the rights of use by said individual (or assignee) to 30 calendar day per year. Except for maintenance and repair, each hotel unit and room shall be made available for transient rental 335 days per year. Further the CC&R's shall specify that hotel unit furnishings are to be provided and owned by the owners association in common. Personal property of the unit owner may not be stored on the premises in conflict with the operation of the facility as a commercial hotel, and shall be so stated in the CC&R's. 3. Hereby granted as a part of this approval action is a Variance from Municipal Code Section 25.30.170, to allow five (5) site access points on Painters Path; and, Variance from Municipal Code Section 25.30.120, to allow subparagraph "C" of said section to operate. 4. Special events and tournaments taking place in conjunction with the racquet club facilities shall be the subject of a Temporary Use Permit request as provided in Municipal Code Chapter 25.64. 5. Hereby authorized as a part of this Development Plan approval are the exceptions as listed in the following: a. Minimum setback from Painters Path, twenty (20) feet. b. Maximum number of rentable hotel rooms per area devoted to hotel development, forty-two point two (42.2). r.. 7. A minimum 32 ft. wide area parallel to the curb line on Highway 111, consisting of the public parkway and an easement granted for public access, shall be developed with ornamental landscaping and a meandering 8 foot wide pedestrain/bicycle path; and, thereafter shall be maintained by the associated owners of the adjacent property. Outdoor tennis courts provided in this project shall be recessed below natural grade or other alternative screening found acceptable. 8. The specific design details of a system providing alternative emergency vehicular access to all hotel buildings by means of an expanded pedestrian system, as approved by the City Fire Marshal, shall be included in the required exhibits for Design Review of the hotel development. PLANNING COMMISSION RESOLUTION NO. 612 Page Five Special Conditions (cont.) 9. Subdivision and Design Review exhibits shall include the installation of a cul-de-sac street turn around area, designed to the specifications of the Director of Public Works, at Painters Path and the Palm Valley Storm Channel. 10. A sidewalk shall be provided along Painters Path, as approved by the City Director of Public Works and the Design Review process. 11. All surface parking lot areas shall be screened pursuant to the requirements of Municipal Code, Chapters 25.56 and 25.58. 12. Landscape plans submitted and approved for the Design Revew process shall provide vertical landscape screening along the southern site boundary, and interum vegetative ground cover for the 2.54 acre future phase site. 13. The precise location of the driveway entrance on 44th Avenue shall be coordinated with the driveway to property on the north, and be subject to the approval of the Director of Public Works. 14. The management contract for the hotel shall be reviewed and approved by the City Attorney to verify its compliance to these conditions. PLANNING COMMISSION RESOLUTION NO. 612 Page Six taw 411160, DEPARTMENT OF FIRE PROTECTION IN COOPERATION WITH THE CALIFORNIA DIVISION OF FORESTRY DAVID L. FLAKE COUNTY FIRE WARDEN March 18, 1980 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Reference: Case No. DP 03-80 (revised) Dear Mr. Williams: The following requirements shall apply to this project: P.C. f3OX 248 210 WEST SAN JACINTO STREET PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3183 Fire Protection Water System: 1. Install a water system capable of delivering 4000 GPM fire flow for a four (4) hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants so that no point of any building is more than 150 feet from a fire hydrant measured along approved vehicular travel ways. Hydrant spacing not to exceed 300 feet. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall he painted chrome yellow and the 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 Depart- ment, and the original will he returned to the developer. PLANNING COMMISSION RESOLUTION NO. 612 Page Seven Paul A. Williams Director of Environmental Services City of Palm Desert Fire Protection Water System (continued): 3/18/80 Page 2. 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 Case Number DP 03-80 is in accordance with the requirements prescribed by the Fire Marshal." 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. Vehicular Access: 1. A minimum of 20' all weather access road shall be provided to all buildings. 2. Interior streets to major buildings shall be a minimum of 28' in width. (Now shown as 25'.) Fire Protection Systems: 1. The following buildings shall be protected with a complete automatic fire sprinkler system: Office/Professional Building Racquet Club Underground Parking Garage Hotel/Condominium Units 2. Hotel/Condominium units and the underground parking garage shall be provided with wet and dry standpipe systems. Sincerely, David L. Flake County fire Warden (( / L/C David J. Ortegel Fire Marshal DJO:dt