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HomeMy WebLinkAboutRes No 2435PLANNING COMMISSION RESOLUTION NO. 2435 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO PP/CUP 96-28, AND DA 96-1 TO ALLOW THE CONSTRUCTION OF 300 (215 CURRENTLY ENTITLED) NEW TIMESHARE UNITS WITH A HEIGHT EXCEPTION FOR A 41-FOOT 8-INCH MAXIMUM ROOF HEIGHT, A 40,000 SQUARE FOOT VILLA CLUBHOUSE AND AMENITIES. THE PROJECT IS LOCATED AT 39-500 PORTOLA AVENUE, ALSO KNOWN AS A PORTION LOT 9 OF TRACT 28451 WITHIN DESERT WILLOW GOLF RESORT. CASE NOS: DA 06-03, PP/CUP 06-17 AND TT 35426 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 20h day of February, 2007, hold a duly noticed public hearing to consider the request by Starwood / WVC Rancho Mirage, Inc., for approval of the above noted; 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. 06-78, in that the Director of Community Development has determined that this project has been previously addressed in an certified EIR for Section 4 and no further environmental review is necessary for the purposes of CEQA; 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 approval of said request: PRECISE PLAN 1. The design of the precise plan will comply with each of the applicable provisions of the zoning ordinance, except for the approved height exception. 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 PERMIT 1. The proposed located 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. PLANNING RESOLUTION NO. 2435 3. That the proposed conditional use will comply with the each of the applicable provisions of the Palm Desert Zoning Ordinance, except for approved exceptions. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's General Plan. TENTATIVE TRACT MAP 1. The proposed map is consistent with the zoning and the General Plan. 2. The site is located within Desert Willow Golf Course where improvements have already been installed consistent with the General Plan and City ordinances. 3. The site is of sufficient size to accommodate the proposed timeshares. 4. The design of the project provides for cluster areas of building and parking providing open space and landscaping. The site can be served by respective utilities, will provide adequate traffic circulation and is designed in compliance with all city codes. 5. For purposes of CEQA, environmental impacts have been addressed in the certified EIR for Section 4 and the proposed conditions of approval will provide for mitigation measures. 6. The design of the map will be in compliance with applicable health, safety and building codes. 7. No subdivision improvements will conflict with public easements. 8. The design of the subdivision will not impact solar access to adjacent properties or the subject property. The project will comply with Ordinance 1124, Local Energy Efficiency Standards, which are more restrictive than the 2005 California Energy Standards. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, Califomia, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of DA 06-03, PP/CUP 06-17 and TT 35426 to the City Council, subject to conditions as attached. 2 PLANNING RESOLUTION NO. 2435 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of February, 2007, by the following vote, to wit: AYES: TANNER, TSCHOPP, SCHMIDT, CAMPBELL NOES: LIMONT ABSENT: NONE ABSTAIN: NONE vl ect-i----e--6-(--et SONIA M. CAMPBELL, Chairperson ATTEST: STEPHEN R. SM1TH, Aciing Secretary Palm Desert Planning Commission 3 PLANNING RESOLUTION NO. 2435 CONDITIONS OF APPROVAL CASE NOS. DA 06-03, PP/CUP 06-17 AND TT 35426 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 said project shall commence within two (2) years 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. 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. 4. 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 Tong -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. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable waste company and Department of Community Development and shall include a recycling program. 6. Advertising shall strictly adhere to Palm Desert's Zoning Ordinance Chapter 25.68 pertaining to signage. 7. Marketing practices shall not include street solicitation. 4 PLANNING RESOLUTION NO. 2435 8. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 9. Any secondary access for construction purposes must be reviewed and approved by the Department of Community Development/Planning, Redevelopment Agency and Desert Willow Golf Resort. Any access must provide a separation and traffic mitigation from golfers and resort facilities. Access may be denied at any time by any of the above entities. Department of Building & Safety: 1. The project must conform to the current State of California Codes adopted at the time of plan check submittal. The following are the codes enforced at this time: 2001 2001 2001 2004 2005 2001 2001 CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA CALIFORNIA BUILDING CODE (Based on 1997 UBC) MECHANICAL CODE (Based on 2000 UMC) PLUMBING CODE (Based on 2000 UPC) ELECTRICAL CODE (Based on 2002 NEC) ENERGY CODE BUILDING STANDARDS ADMINISTRATIVE CODE FIRE CODE 2. An approved automatic fire sprinkler system shall be installed in every building (except R3 occupancies) where the total accumulation of gross floor area is 3000 square feet or more. (Reference City of Palm Desert Ordinance 1054) 3. Compliance with Ordinance 1124, Local Energy Efficiency Standards. The requirements are more restrictive than the 2005 California Energy Standards. Please obtain a copy of the Ordinance for further information. 4. A disabled access overlay of the precise grading plan is required to be submitted to the Dept of Building and Safety for plan review of the site accessibility requirements as per 2001 CBC Chapter 11 B/11A. 5. Accessibility shall be provided as required by the California Building Code, Chapter 11A and ADA. However the timeshares may be viewed similar to hotels by the Federal ADAAG guidelines (similar to CBC Chapter 11 B) and as condominiums under the State (CBC Chapter 11A). A letter of interpretation, from the United States Access Board, is required to be submitted to the Department of Building & Safety prior to plan check submittal so we may determine how the project is to be reviewed. 6. The trash enclosures are required to be accessible. Please obtain a detail from the Dept of Building and Safety. 5 PLANNING RESOLUTION NO. 2435 7. Public pools and spas must be first approved by the Riverside County Dept of Environmental Health and then submitted to Dept of Building and Safety. Pools and Spas for public use are required to be accessible. 8. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm Desert Municipal Code, Title 5. 9. All contractors and/or owner -builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 10. Address numerals shall comply with Palm Desert Ordinance No. 1006. You may request a copy of the Ordinance at the Building Department. 11. Please contact Debbie Le Blanc, Land Management Specialist, at the Department of Building and Safety (760-776-6420) regarding the addressing of this tract. Department of Public Works: 1. All landscape maintenance shall be performed by the property owner and the applicant shall enter into a landscape maintenance agreement with the City for the life of the project, consistent with the Property Maintenance Ordinance (Ord. 801) and the approved landscape plan. 2. 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. 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 5. A standard inspection fees shall be paid prior to issuance of grading permits. 6. Any entry gate shall be setback 100 feet from extended curb line of Portola Avenue. 7. 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. 8. Storm drain/ retention area design and construction shall be contingent upon a drainage study prepared by a register civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The project shall retain a 100-year storm on -site. 9. Driveways, drainage and pad heaths shall be designed to serve this project in accordance with Desert Willow improvements. 6 PLANNING RESOLUTION NO. 2435 10. Complete grading and improvement plans and specifications on electronic files shall be submitted to the Director of Public Works for checking and approval prior to "" issuance of any permits. MOO 11. 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. 12. Pad elevations, as shown on the tentative map are subject to further review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 13. Landscape plans shall be drought tolerant in nature and in accordance with the City's Water Efficient Landscape Ordinance (24.04). 14. Landscape plans shall be submitted for review concurrently with grading plans. 15. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, General Plan Circulation Element and as shown on the proposed street cross sections, shall be installed in accordance with applicable City standards including the following: • Construct interim median at project entry on Portola Avenue to eliminate exiting left turn movements. • Construct deceleration lane as shown and modify sidewalks to intersect entryway curbside on Portola Avenue. Rights -of -way necessary for the installation of the above referenced improvements shall be dedicated to the city prior to the issuance of any permits associated with this project. 16. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall paid prior to issuance of grading permits. No occupancy permit shall be granted until public improvements have been completed. 17. NI public and private improvements shall be inspected by the Department of Pubic Works. 18. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 26.40, Storm water management and Discharge Control. 19. Prior to the start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. PLANNING RESOLUTION NO. 2435 Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced project, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, CFC, and CBC or any recognized Fire Protection Standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1,500 gpm for a 1-hour duration at 20 psi residual pressure must be available before any combustible material is placed on the job site. 3. Provide or show there exists a water system capable of providing a gpm flow of: 2500 gpm for multifamily dwellings and 3000 gpm for clubhouse. 4. The required fire flow shall be available from a wet barrel Super Hydrant (s) 4" x 2 1/2" x 2 1/2", located not Tess than 25' nor more than: 165' from any portion of a multifamily dwelling and 150' from any portion of the clubhouse measured via vehicular travelway. 5. Water Plans must be approved by the Fire Marshal and include verification that the water system will produce the required Fire flow. 6. 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 connection shall not be Tess than 25' from the building and within 50' of an approved hydrant, Exempted are one and two family dwellings. 7. All valves controlling the water supply for automatic sprinkler systems and Water - flow switches shall be monitored and alarmed per CBC Chapter 9. 8. Install a fire alarm system as required by the UBC Chapter 3. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A10BC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all private and public cooking operations except for single-family residential usage. 11. All building 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. 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 turnaround 55' in industrial developments. 8 PLANNING RESOLUTION NO. 2435 12. 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 to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13' 6". 13. A dead end single access over 500 feet will require secondary access, sprinklers or other mitigation measures approved by the Fire Marshall. Under no circumstance shall a dead-end over 1,300 feet. 14. A second access is required; two main access points from a main roadway or an emergency gate from an adjoining development can accomplish this. 15. All buildings shall have illuminated addresses of a size approved by the City. 16. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 17. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 18. All elevators shall be minimum gurney size. 19. Sprinkler systems shall be combined. Ground floor, second floor and attic shall comply with NFPA 13R. // 9 PLANNING RESOLUTION NO. 2435 AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment"), dated as of , 2006 ("Effective Date") is entered into by and between the CITY OF PALM DESERT, a municipal corporation (the "City") and WVC RANCHO MIRAGE, INC., a Delaware corporation ("Starwood"). RECITALS This Amendment is entered into with reference to the following facts: A. City and Intrawest Resort Ownership Corporation, a corporation organized and existing under the laws of the Province of British Columbia, Canada ("IROC"), entered into a Development Agreement dated February 27, 1997 (the "DA"), which DA was recorded on August 29, 1997 as instrument number 315819 in the official records of the County Recorder for the County of Riverside, California; B. The DA provided IROC with a vested right to develop certain real property in the City of Palm Desert ("IROC Property") as a resort club and time shares (the "Intrawest Project"); C. On or about October 12, 1998, IROC assigned and conveyed to Resort Ventures, L.P., a California limited partnership ("RV") all of IROC's rights, title, interest and obligations under and to the DA and all related project documents. D. On or about June 26 , 2006, RV sold to Starwood all of its rights, title and interest in and to that portion of IROC Property described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Starwood Property"), and the City gave its consent to the transfer from RV to Starwood of any and all rights and obligations under the terms of the DA to the extent that such rights and/or obligations arise from ownership of the Starwood Property. E. On or about June 26, 2006, Starwood applied for and the City approved a conceptual master plan (hereinafter the "Starwood Master Plan") which provides for the development of 300 two -bedroom lockoff time share units in 18 two-, three-, and four- story buildings and a one-story sales/clubhouse facility of approximately 40,000 square feet, along with recreational amenities (hereinafter collectively referred to as the "Starwood Project"). F. City and Starwood now desire to amend to DA as it relates to the Starwood Property only, in the manner provided herein. G. City has given notice of its intention to adopt this proposed Amendment, has conducted public hearings thereon pursuant to Government Code Section 65867 and Palm Desert Municipal Code Ordinances Nos. 341 and 589, has taken action in accordance with the California Environmental Quality Act, and has found that the 10 PLANNING RESOLUTION NO. 2435 provisions of this Amendment and its purposes are consistent with the objectives, policies, general land uses and programs specified in the City's General Plan and any applicable specific plan. H The City, by electing to enter into this Amendment acknowledges that the obligations of the City hereunder shall survive beyond the terms of the present City Council members of the City, and that such action will serve to bind City and future Councils to the obligations thereby undertaken. I This Amendment and the consent of Starwood to each of its terms and conditions will eliminate uncertainty in planning and provide for the orderly development of the Starwood Property, eliminate uncertainty about the validity of exactions imposed by the City, and generally serve the public interest. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. As they relate to the Starwood Property, all references in the DA to the "Developer" shall be references to WVC Rancho Mirage, Inc., a Delaware corporation . 2. As they relate to the Starwood Property, all references in the DA to the "Development Plan" shall mean the Current Development Approvals and the Current Land Use Regulations which control development of the Starwood Property and the description of the Starwood Project as set forth in the Starwood Conceptual Master Plan. 3. As they relate to the Starwood Property, all references in the DA to the "Project" shall mean the Starwood Project as described herein and in the Starwood Conceptual Master Plan. 4. The fifteen -year Term of DA 96-1 dated 27 February 1997 as described in section 5 thereof, as it relates to the Starwood Property only, is hereby extended for an additional four (4) years beyond the term set forth in said section 5 of DA 96-1. 5. Subject to the terms, conditions and covenants of the DA, as amended hereby, and for the term of the DA as amended hereby, Starwood has a vested right to develop the Starwood Property in accordance with the Current Land Use Regulations and the Starwood Conceptual Master Plan. 6. The Starwood Project implements a land use plan for which a was prepared and certified as City of Palm Desert Resolution on , and therefore, the provisions of the California Environmental Quality Act have been met and satisfied. 11 PLANNING RESOLUTION NO. 2435 7. Except as specifically amended by this Amendment, the DA shall remain in full force and effect in accordance with its original terms and conditions, which are hereby restated and incorporated herein by reference. The foregoing notwithstanding, Starwood's obligations under the terms of the DA, as amended hereby shall be limited to those obligations which arise from or are related to the ownership and/or development of the Starwood Property only, and Starwood shall have no responsibility or liability for obligations arising under the DA which arise from or relate to any portion of the IROC Property not contained within the boundaries of the Starwood Property. Nothing contained herein shall be deemed to make RV and Starwood jointly and severally liable for their respective obligations under the DA as amended by this Amendment, but rather, RV and Starwood shall be liable for their respective and/or proportionate share of the liabilities and obligations as set forth herein, and a breach of this DA by one of said parties shall not constitute a breach hereof by the other said party. 8. Miscellaneous. 8.1 Notices. For purpose of giving notices and demands to Starwood in the manner provided in Section 20 of the DA, all such notices shall be addressed to Starwood as provided below: WVC Rancho Mirage, Inc. 8803 Vistana Center Drive Orlando, FL 32821 ATTN: General Counsel & Jorge Boone 8.2 Binding Effect. This Amendment shall bind and benefit the heirs, successors, and assigns of Starwood and the City, respectively. 8.3 No Waiver. None of the terms or provisions of this Amendment may be waived, altered, modified, limited, or amended except by an agreement expressly referring hereto and to which the parties to be bound consent in writing. 8.4 Governing Law. This Amendment shall be governed by the laws of the State of California. 8.5 Reliance on Counsel/Entire Agreement. In executing this Amendment, no Party has relied on any inducements, promises, or representations by any other Party or its attorney, other than those set out in this Amendment. This instrument constitutes the entire, integrated understanding of the Parties with respect to the subject matter contained herein, and there are no other prior or contemporaneous oral or written agreements or understandings except as expressly set forth herein. 8.6 Severability. Each and every provision of this Amendment is and shall be construed as a separate and independent covenant and agreement. If any 12 PLANNING RESOLUTION NO. 2435 term or provision of this Amendment or the application thereof shall to any extent be held to be invalid or unenforceable, the remainder of this Amendment, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected hereby, and each term and provision of this Amendment shall be valid and shall be enforced to the extent permitted by law. 8.7 No Default/Waiver of Default. City acknowledges and agrees that as of the date hereof (i) they hereby waive any default under the DA which could affect Starwood, the Starwood Property or any of the obligations assumed hereunder by Starwood, and (ii) except as referenced in (i) above the City is presently not in default under the DA in any manner that would affect Starwood, the Starwood Property or any of the obligations assumed hereunder by Starwood, nor does any circumstance exist as of the date hereof which, with the giving of notice and/or the passage of time, would constitute such a default. 8.8 Execution in Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the day and year first written above. "STARWOOD" WVC RANCHO MIRAGE, INC., A Delaware corporation By: Its: By: Its: "CITY" CITY OF PALM DESERT, a municipal corporation By: Mayor ATTEST: City Clerk 13 PLANNING RESOLUTION NO. 2435 STATE OF CALIFORNIA ) )ss COUNTY OF RIVERSIDE ) On , before me, the undersigned, a Notary Public in and for said State, personally appeared (known to me or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. STATE OF CALIFORNIA ) )ss COUNTY OF RIVERSIDE ) On , before me, the undersigned, a Notary Public in and for said State, personally appeared (known to me or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 14 PLANNING RESOLUTION NO. 2435 EXHIBIT A LEGAL DESCRIPTION OF STARWOOD PROPERTY