HomeMy WebLinkAboutRes No 2009PLANNING COMMISSION RESOLUTION NO. 2009
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 FOR A CONFERENCE CENTER
HOTEL FACILITY INCLUDING 250 ROOMS/SUITES, 64,250 SQUARE
FOOT CONFERENCE CENTER, PARKING STRUCTURE AND
ACCESSORY USES AND TRACT MAP 29528 REMAPS 106 ACRES
LOCATED IN SECTION 4, T5S R6E. SAID PRECISE
PLAN/CONDITIONAL USE PERMIT IS LOCATED ON 16.86 ACRES
BEING LOT 2 OF TRACT MAP 29528.
CASE NOS. PP/CUP 00-09 AND TT 29528
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 1st day of August, 2000, hold a duly noticed public hearing which was continued to
August 15, 2000, to consider the request by DESERT WILLOW CONFERENCE CENTER LLC
and the PALM DESERT REDEVELOPMENT AGENCY 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 Tots.
PLANNING COMMISSION RESOLUTION NO. 2009
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.
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 the height of
certain portions of the conference center building which exceed 24 feet.
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; mil
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.
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PLANNING COMMISSION RESOLUTION NO. 2009
8. The design will allow unrestricted solar access to all lots.
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 00-09 is hereby recommended to the
City Council for approval, subject to the attached conditions.
3. That the Planning Commission does hereby recommend to the City Council
approval of the above described Tentative Map No. 29528 on file in the
Department of Community Development, subject to the attached conditions.
4. That a height exception for the conference center is recommended for approval
pursuant to Municipal Code Section 25.24.310.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 15th day of August, 2000, by the following vote, to wit:
AYES: CAMPBELL, BEATY
NOES: FINERTY
ABSENT: JONATHAN, LOPEZ
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, ecretary
Palm Desert PI nning Commission
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PAUL R. BEATY, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2009
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP 00-09 AND TT 29528
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. 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.
6. That any parking lot lighting shall conform to the requirements of Ordinance No. 826
and be designed to prevent spillover outside of the property. A detailed parking
structure and/or building lighting plan shall be submitted for approval pursuant to
Ordinance No. 826.
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PLANNING COMMISSION RESOLUTION NO. 2009
7. That the conference center project shall be certified by IACC (International
Association of Conference Centers) and that approval of the conference center hotel
project, Case PP/CUP 00-09 shall be contingent upon the Applicant and
Redevelopment Agency within a reasonable distance providing a minimum of 300
additional parking spaces which shall be used for employee parking and overflow
event parking and construction employee parking during construction of the resort
hotel. Conference center hotel shall provide shuttle service between the lot and
hotel. Said shuttle vehicles shall be alternate energy vehicles.
8. That the applicant pay a day care mitigation fee of $50,000 to the City.
9. Project is subject to Art in Public Places program per Palm Desert Municipal Code
Chapter 4.10.
10. 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.
11 . 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.
12. That the building color scheme shall be in keeping with the colors and tones used on
the clubhouse facility. Said color revision shall be acceptable to ARC.
13. That the applicant plant additional trees on the east side of the buildings to reduce
the view of the buildings from the east and maintain said trees at a maximum height
of 24 feet so as not to further impact the mountain view.
14. That the street and sidewalk improvement plans include provision of a bus stop and
shelter(s) to the satisfaction of the Director of Public Works, Director of Community
Development and Sunline Transit.
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PLANNING COMMISSION RESOLUTION NO. 2009
15. That on the second story balconies facing east the applicant shall provide an effective
visual barrier to screen the residences to the east.
16. That the hotel operator shall limit any on -site entertainment/activities to noise levels
which cannot be heard beyond the east property line.
17. That the hotel operator shall not promote or authorize fireworks displays without first
obtaining approval of the Director of Community Development. In no event shall
percussion type fireworks be approved or used.
18. 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.
19. That there be no construction traffic from the Cook Street golf course maintenance
entrance.
20. That when landscaping details on the east perimeter of the property are reviewed by
Architectural Review Commission, including screening of views from first and second
floor balconies, and that the residents along the west edge of Monticito be notified
of the meeting.
Department of Public Works:
21. 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.
22. 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.
23. 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.
24. The project shall be subject to the payment of Transportation Uniform Mitigation Fees
(TUMF). Payment of said fees shall be at time of building permit issuance.
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PLANNING COMMISSION RESOLUTION NO. 2009
25. 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.
26. 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.
27. 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.
28. The proposed project site plan needs to be revised to reflect the following:
* Location of loading/truck bay for the conference center.
* Truck and bus routing, circulation and parking.
* Increase in hotel registration area parking stalls.
29. Proposed building pad elevations are subject to review and modification in accordance
with Chapter 27 of the Palm Desert Municipal Code.
30. Applicant shall comply with all applicable provisions of Palm Desert Municipal Code
Section 24.12, Fugitive Dust (PM10) and Section 12.20, Stormwater Management and
Discharge Control.
31. Prior to issuance of grading permits, applicant shall demonstrate compliance with
NPDES Construction Permit requirements.
Riverside County Fire Department:
32. 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 UFC article 87.
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PLANNING COMMISSION RESOLUTION NO. 2009
33. 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.
34. Provide, or show there exists a water system capable of providing a gpm flow of
2500 gpm for multifamily dwellings and 3000 for commercial buildings.
35. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2-
1 /2"x2-1 /2") located not less than 25' or more than 165' from any portion of a
multifamily dwelling measured via vehicular travelways and 150' from any portion of
a commercial building measured via vehicular travelways.
36. Water plans must be approved by the Fire Marshal and include verification that the
water system will produce the required fire flow.
37. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with
a 3000 square foot total cumulative floor area. The Fire Marshal shall approve the
locations of all post indicator valves and fire department connections. All valves and
connections shall not be less than 25' from the building and within 50' of an
approved hydrant. Exempted are one and two family dwellings.
38. All valves controlling the water supply for automatic sprinkler systems and water -
flow switches shall be monitored and alarmed per UBC Chapter 9.
39. Install a fire alarm system as required by the UBC Chapter 3.
40. Install portable fire extinguishers per NFPA 10, but not less than 2A10BC
extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire
extinguisher is required in all commercial kitchens.
41. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and
private cooking operations except single-family residential usage.
42. 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 less
than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel
parking is required on both sides of the street the roadway must be 36' wide and 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.
43. Whenever access into private property is controlled through use of gates, barriers or
other means provisions shall be made to install a "Knox Box" key over -ride system
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PLANNING COMMISSION RESOLUTION NO. 2009
to allow for emergency vehicle access. Minimum gate width shall be 16" with a
minimum vertical clearance of 13'6".
44. A dead end single access over 500' will require a secondary access, sprinklers or
other mitigative measures approved by the Fire Marshal. Under no circumstances
shall a dead end over 1300' be accepted.
45. A second access is required. This can be accomplished by two main access points
from a main roadway or an emergency gate from an adjoining development.
46. All buildings shall have illuminated addresses of a size approved by the city.
47. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately to the Fire Marshal for approval prior to construction.
48. 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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