HomeMy WebLinkAboutRes No 1777PLANNING COMMISSION RESOLUTION NO. 1777
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF
DESIGN, CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP
TO ALLOW CONSTRUCTION OF A 310 UNIT VACATION OWNERSHIP
COMPLEX (TIMESHARE PROJECT) TO BE LOCATED ON LOT 9, TRACT
28451.
CASE NOS. PP/CUP 96-28 AND TT 28451
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17th day of December, 1996, hold a duly noticed public hearing to consider the request
by INTRAWEST RESORT OWNERSHIP CORPORATION 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 in that the
conditional use permit and map implement a land use plan for which an Environmental
Impact Report was prepared and certified November 16, 1994; 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 granting approval of said 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.
4. The design will allow unrestricted solar access to all lots.
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.
PLANNING COMMISSION RESOLUTION NO. 1777
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
or adjustments.
4. That the proposed conditional use complies with the goals, objectives, and
policies of the city's general plan.
TENTATIVE TRACT MAP
1. That the proposed tentative map is consistent with applicable general and
specific plans;
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans;
3. That the site is physically suitable for the type of development;
4. That the site is physically suitable for the proposed density of development;
5. That the design of the subdivision or the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat;
6. That the design of the subdivision or the type of improvements is not likely to.,
cause serious public health problems; and
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.
8. The design will allow unrestricted solar access to all Tots.
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.
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PLANNING COMMISSION RESOLUTION NO. 1777
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm
"m" Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the commission in this case.
2. That approval of Precise Plan/Conditional Use Permit 96-28 is hereby
recommended to City Council, subject to the attached conditions.
3. That the Planning Commission does hereby recommend approval to the City
Council the above described Tentative Map No. 28451 on file in the
Department of Community Development, subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 17th day of December, 1996, by the following vote, to wit:
AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL� Secretary
Palm Desert P anning Commission
72._A Chair rs
PAUL R. BEATY, p on
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PLANNING COMMISSION RESOLUTION NO. 1777
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP 96-28 AND TT 28451
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file with
the department of community development/planning, as modified by the following
conditions.
2. Construction of a portion of said project shall commence within one year from the
date of final 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.
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PLANNING COMMISSION RESOLUTION NO. 1777
8. That the applicant obtain approval of the City Council of a Development Agreement
waiving the Municipal Code requirement that this timeshare project be developed in
conjunction with a resort hotel having more than 500 rooms.
9. That development of this site shall be subject to all relevant mitigation measures as
were prescribed in the EIR prepared in 1994 and as delineated in City Council
Resolution No. 94-1 19.
Department of Public Works:
1. All applicable provisions, conditions and requirements associated with the Section
Four North Sphere Project Environmental Impact Report as certified by the Palm
Desert City Council on November 16, 1994, as Resolution No. 94-119, shall be
considered as conditions of approval for this project.
2. Drainage fees in accordance with Palm Desert Municipal Code Section 26.49 and
Ordinance No. 653 shall be paid prior to issuance of any permits associated with this
project or recordation of the final map.
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 or
the recordation of the final map.
4. 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.
5. 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.
6. 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 any permits
associated with this project.
7. Traffic safety striping 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.
8. 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
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PLANNING COMMISSION RESOLUTION NO. 1777
approved by the Public Works Department and a surety posted to guarantee the
installation of required offsite improvements prior to permit issuance.
9. All 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
and the city's Circulation Network. Specific project related offsite/onsite
improvements shall include, but not be limited to the following:
* Construction of curb, gutter and paving as well as sidewalk in an appropriate
size and configuration along Country Club Drive.
• Construction of full improvements for the main project entry road and
residential access road in accordance with applicable city standards or as
modified with the approval of the Director of Public Works.
* Construction of emergency access roads as approved by the Director of Public
Works and the City Fire Marshall.
Residential street sections shall be a curb to curb width of twenty-four feet
and shall transition to a minimum width of thirty-six feet at the public street
connection points.
Rights -of -way as may be necessary for the construction of required public
improvements shall be provided on the Tract Map.
10. Proposed building pad elevations are subject to review and modification in accordance
with Chapter 27 of the Palm Desert Municipal Code.
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.
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.
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PLANNING COMMISSION RESOLUTION NO. 1777
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 gallon
per minute flow of: a) 2500 gpm for multi -family structure; and b) 3000 gpm for
commercial structure. The actual fire flow available from any one hydrant connected
to any given water main shall be 1500 gpm for a two hour duration at 20 psi residual
operating pressure.
4. The required fire flow shall be available from a Super fire hydrant(s) (6"x4"x21/2" x
2' "), located not less than 25' or more than: a) 165' from multi -family structure;
and b) 150 feet from commercial structure. Distances shall cover all portions of the
building(s) as measured along approved vehicular travel ways. Hydrants installed
below 3,000' elevation shall be of the "wet barrel" type.
5. Provide written certification from the appropriate water company having jurisdiction
that hydrant(s) will be installed and will produce the require fire flow, or arrange for
a field inspection by the Fire Department prior to scheduling for a final inspection.
6. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and
fire department connection shall be located to the front of the building, not less than
25' from the building and within 50' of an approved Super 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 as per NFPA 13. The building
area of additional floors is added in for a cumulative total square footage. Exempted
are one and two family dwellings.
7. Install a fire alarm (water flow) as required by the Uniform Building Code Sec. 3803
for the fire sprinkler system(s). Install supervisory (tamper) alarms on all supply and
control valves for sprinkler systems.
8. Certain designated areas will be required to be maintained as fire lanes and shall be
clearly marked by painting and/or signs as approved by the Fire Marshal. Painted fire
lanes and/or signs shall be stenciled or posted every 30' with the following: No
Parking Fire Lane - PDMC 15.16.090.
9. Install a fire alarm as required by the California Building Code and/or California Fire
Code. Minimum requirement is UL central station monitoring of sprinkler systems per
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PLANNING COMMISSION RESOLUTION NO. 1777
NFPA 71 and 72. Alarm plans are required for all UL. central station monitored
systems and systems where any interior devices are required or used. (CFC Sec.
14.103(a))
10. Install portable fire extinguishers per NFPA 10, but not less than 2A1OBC in rating.
Fire extinguishers must not be over 75' walking distance and/or 3000 square feet of
floor area. In addition to the above, a 40BC fire extinguisher is required for
commercial kitchens.
11. Install a Hood/Duct automatic fire extinguishing system if operating a commercial
kitchen including, but not limited to, deep fat fryers, grills, charbroilers or other
appliances which produce grease laden vapors or smoke. (NFPA 96, 17, 17A)
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. The minimum width of interior driveways for multi -family or apartment complexes
shall be:
a) 24 feet wide when serving less than 100 units, no parallel parking,
carports or garages allowed on one side only.
b) 28 feet wide when serving between 100 and 300 units; carports or
garages allowed on both sides, no parallel parking.
c) 32 feet wide when serving over 300 units or when parallel parking is
allowed on one side
d) 36 feet wide when parallel parking is allowed on both sides
14. 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 ate when activated by a special key located in emergency
vehicles. Devices shall be equipped with backup power facilities to operate in the
event of power failure. All controlled access devices that are not power operated
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PLANNING COMMISSION RESOLUTION NO. 1777
shall also be approved by the Fire Department. Minimum opening width shall be 16'
with a minimum vertical clearance of 13'6".
15. 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.
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.
20. Conditions subject to change with adoption of new codes, ordinances, laws or when
building permits are not obtained within twelve months.
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