HomeMy WebLinkAboutRes No 1857PLANNING COMMISSION RESOLUTION NO. 1857
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL
APPROVAL OF A REQUEST BY PDH ASSOCIATES, LLC, FOR A PRECISE
PLAN/CONDITIONAL USE PERMIT TO PERMIT THE CONSTRUCTION
AND OPERATION OF A HOTEL COMPLEX (TWO HOTELS) AND A
FREESTANDING RESTAURANT ON 11.3 ACRES AT THE SOUTHWEST
CORNER OF COOK STREET AND FRANK SINATRA DRIVE.
CASE NO. PP/CUP 98-2
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 21 st day of April, 1998, hold a duly noticed public hearing to consider the
request by PDH ASSOCIATES, LLC, for the above 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," in that the project was reviewed as part of an Environmental
Impact Report which was prepared and certified in 1994, pursuant to City Council
Resolution No. 94-1 19, and no further documentation is necessary; 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 more fully delineated in the staff
report dated April 21, 1998 to exist to justify the granting of said precise
plan/conditional use permit:
1. That the proposed location of the precise plan/conditional use is in accord
with the objectives of this title and the purpose of the district in which
the site is located.
2. That the proposed location of the precise plan/conditional use and the
conditions under which it will be operated and maintained will not be
detrimental to the public health, safety or general welfare, or be
materially injurious to properties or improvements in the vicinity.
3. That the proposed precise plan/conditional use will comply with each of
the applicable provisions of this title, except for parking, building height
and minimum guest room size as discussed at length in the staff report
dated April 21, 1998.
4. That the proposed precise plan/conditional use complies with the goals,
objectives and policies of the City's adopted general plan.
PLANNING COMMISSION RESOLUTION NO. 1857
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 Precise Plan/Conditional Use Permit 98-2 on file in the Department
of Community Development is hereby approved, subject to conditions
(Exhibit A).
3. That the Planning Commission approval of Precise Plan/Conditional Use
Permit 98-2 includes a parking modification based on findings described
in the staff report dated April 21, 1998.
PASSED, ADOPTED and APPROVED at a regular meeting of the Palm Desert
Planning Commission, held on this 21 st day of April, 1998, by the following vote, to
wit:
AYES: BEATY, FERNANDEZ, FINERTY, CAMPBELL
NOES: JONATHAN
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DREL Secretary
Palm Desert ' anning Commission
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SONIA M. CAMPBELL, Chairperson
PLANNING COMMISSION RESOLUTION NO. 1857
EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. PP/CUP 98-2
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 Review 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. 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 Community Development.
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PLANNING COMMISSION RESOLUTION NO. 1857
6. The project shall include two hotels with total rooms/suites not exceeding 283
rooms/suites and a freestanding restaurant not to exceed 6,000 gross square
feet. Site plan for said project shall provide a minimum of 345 parking spaces.
7. Should the applicant/owner choose to create an illuminated parking lot or
illuminate the building exterior, a detailed parking lot and/or building lighting plan
shall be submitted for staff approval, subject to applicable lighting standards,
plan to be prepared by a qualified lighting engineer.
8. All sidewalk plans shall be reviewed and approved by the Department of Public
Works prior to Architectural Review Commission review of final landscape plan.
9. Project is subject to Art in Public Places program per Palm Desert Municipal
Code Chapter 4.10.
10. Final landscape plans shall comply with the parking lot tree planting master plan.
11. 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 plan shall include a long-term maintenance
program specifying, among other matters, 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.
12. 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.
13. The approval of Case CUP 98-2 shall not become effective until and unless the
City Council adopts an ordinance amending Municipal Code Section
25.86.500.A and the City Council approves an exception to the building height
pursuant to Municipal Code Section 25.24.310.
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PLANNING COMMISSION RESOLUTION NO. 1857
14. The future freestanding restaurant on the southwest corner of Cook Street and
Frank Sinatra shall be processed through the precise plan process (a public
hearing through Planning Commission) and the architectural review process.
15. All relevant mitigation measures as delineated in the 1994 Environmental Impact
Report shall be conditions of this application.
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
provided in accordance with City Municipal Code, NFPA, UFC, and UBC 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 Uniform Fire Code Sec. 10.301C.
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 is placed on the job
site.
3. Provide, or show there exists a water system capable of providing a potential
gallon per minute flow of 2500 for multifamily, and 3000 for commercial. The
actual fire flow available for any one hydrant connected to any given water main
shall be 1500 GPM for two hours duration at 20 PSI residual operating pressure.
4. A combination of on -site and off -site Super fire hydrants (6"x4"x2-1 /2"x2-1 /2")
will be required, located not Tess than 25' or more than 165' multifamily, and
150' commercial from any portion of the building(s) as measured along
approved vehicular travelways. The required fire flow shall be available from
any adjacent hydrant(s) in the system. Hydrants shall be "wet barrel" type.
5. Provide written certification from the appropriate water company having
jurisdiction that hydrant(s) will be installed and will produce the required fire
flow, or arrange field inspection by the Fire Department prior to request for 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, not less than 25'
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PLANNING COMMISSION RESOLUTION NO. 1857
from the building and within 50' of an approved hydrant. This applies to all
buildings with 3000 square feet or more 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.
7. 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
sprinklers systems.
8. Certain designated areas will be required to be maintained as fire lanes and shall
be cjearly marked by painting and/or signs approved by the Fire Marshal.
9. 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))
10. Install portable fire extinguishers per NFPA, Pamphlet #10, but not Tess than
2A10BC in rating. Fire extinguishers must not be over 75' walking distance.
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 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
not be Tess than 24' of unobstructed width and 13'6" of vertical clearance.
13. Contact the Fire Department for a final inspection prior to occupancy.
14. Commercial buildings shall have illuminated addresses of a size approved by the
City.
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PLANNING COMMISSION RESOLUTION NO. 1857
15. 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.
16. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within twelve months.
17. As drawn on mater site plan, Item 12 is not met, and must have vehicular
access between buildings to meet Item No. 12's 150' requirement.
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code and Palm Desert Ordinance Number 653, shall be paid prior to issuance
of a grading permit.
2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-
17 and 79-55, shall be paid prior to issuance of a grading permit.
3. Any storm drain construction associated with 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.
4. 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. All public improvements shall be inspected by the Department of
Public Works and a standard inspection fee shall be paid prior to the issuance
of any permits associated with this project.
5. 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 shall be reviewed and approved by the Director of Public
Works and a surety posted to guarantee the installation of all required offsite
improvements prior to issuance of a grading permit. Such improvements shall
include, but not be limited to, minimum eight -foot wide concrete sidewalk and
installation of appropriate landscape improvements within the existing Frank
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PLANNING COMMISSION RESOLUTION NO. 1857
Sinatra Drive median island. "As -built" plans shall be submitted to the Director
of Public Works prior to the acceptance of the improvements by the City.
6. All private driveways and parking lots shall be inspected by the Engineering
Department and a standard inspection fee paid prior to the issuance of a grading
permit.
7. Landscaping maintenance on the Cook Street and Frank Sinatra Drive project
frontages shall be the responsibility of the property owner.
8. In accordance with Palm Desert Municipal Code Chapter 27, complete grading
plans and specifications shall be submitted to the Director of Public Works for
checking and approval prior to the issuance of any permits associated with this
project.
9. Size, number and location of driveways to the specifications of the Department
of Public Works with four driveway approaches serving this property. All
access points shall be limited to right turn ingress and egress only. In addition,
the most southerly access point (Cook Street) may be permitted left turn
ingress.
10. Any and all offsite improvements shall be preceded by the approval of plans by
the Director of Public Works and the issuance of a valet encroachment permit
by the Department of Public Works.
11. 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.
12. Proposed building pad elevations are subject to review and modification in
accordance with Section 27 of the Palm Desert Municipal Code.
13. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF),
lodging/restaurant classification. Payment of said fees shall be at time of
building permit issuance.
14. Applicant shall comply with the provisions of Municipal Code Section 24.12,
Fugitive Dust Mitigation, as well as Section 24.20, Stormwater and Discharge
Control.
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