HomeMy WebLinkAboutRes No 1860PLANNING COMMISSION RESOLUTION NO. 1860
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL
APPROVAL OF A PRECISE PLAN OF DESIGN, CONDITIONAL USE
PERMIT AND TENTATIVE TRACT MAP TO ALLOW DEVELOPMENT OF
A 1200 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 AND TT 28818
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 5th day of May, 1998, hold a duly noticed public hearing which was continued to May
19, 1998, 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
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
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.
PLANNING COMMISSION RESOLUTION NO. 1860
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.
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.
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.
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PLANNING COMMISSION RESOLUTION NO. 1860
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.
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 98-5 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 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 two story buildings shall be 26 feet, the three story
buildings 36 feet and the four story buildings 46 feet, subject to the conditions
relating to setbacks.
5. That a Negative Declaration of Environmental Impact, Exhibit B attached, is
recommended for certification.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 19th day of May, 1998, by the following vote, to wit:
AYES: FERNANDEZ, FINERTY, CAMPBELL
NOES: JONATHAN
ABSENT: NONE
ABSTAIN: BEATY
NIA M. CAMPBELL, Chairperson
TTEST:
PHILIP DRELL,1Secretary
Palm Desert PI nning Commission
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PLANNING COMMISSION RESOLUTION NO. 1860
EXHIBIT A
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP 98-5 AND TT 28818
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. 1860
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
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.
11. 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
plan shall include a long-term maintenance program specifying, among other matter,
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 Drexel) 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.
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PLANNING COMMISSION RESOLUTION NO. 1860
17. That the orientation of Building No. 37 on the site plan be restudied to reduce its
impact on the northwest view from the northern most home on the west side of
Drexell Drive.
18. That the design of the east end of the buildings nearest the homes on Drexell Drive
shall not include windows or balconies facing east.
19. That the golf course, clubhouse, and sales center be constructed as part of phase 1.
20. Two story buildings shall not exceed 26 feet in height and shall be setback 167 feet
from the residential property lines, three story buildings shall not exceed 36 feet in
height and shall be setback 350 feet from the residential lines, and four story
buildings shall not exceed 46 feet in height and shall be setback 650 feet from
adjacent residential property lines.
21. That the perimeter fence design include wrought iron openings to create view
corridors into the golf course.
22. 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.
23. That the design of the maintenance building include sufficient parking on site for all logi
employees of that facility.
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.
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PLANNING COMMISSION RESOLUTION NO. 1860
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.
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
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PLANNING COMMISSION RESOLUTION NO. 1860
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.
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 besubmitted 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.
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PLANNING COMMISSION RESOLUTION NO. 1860
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 %2 " 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.
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PLANNING COMMISSION RESOLUTION NO. 1860
OTHER:
NFPA 13R plus special provisions of fire sprinklers in attics and protect exit ways on
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))
11.
Install portable fire extinguishers per NFPA, Pamphlet #10, but not less 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.
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".
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PLANNING COMMISSION RESOLUTION NO. 1860
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.
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.
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PLANNING COMMISSION RESOLUTION NO. 1860
EXHIBIT B
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: PP/CUP 98-5, TT 28818 and DA 98-1
APPLICANT/PROJECT SPONSOR: Marriott Ownership Resort, Inc.
PROJECT DESCRIPTION/LOCATION: An 18-hole golf course, 1200 unit timeshare resort
and amenities on 300 ± 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.
9. 1998
PHILIP DELL D
DIRECTO OF COMMUNITY DEVELOPMENT
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