HomeMy WebLinkAboutRes No 2528PLANNING COMMISSION RESOLUTION NO. 2528
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVAL OF DESERT WILLOW
GOLF RESORT TERRACE AND CANOPY ADDITION, KITCHEN,
BUILDING, AND OVERFLOW PARKING LOT EXPANSION LOCATED
AT 38-995 DESERT WILLOW DRIVE
CASE NO. PP 10-74
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 6th of April, 2010, hold a duly noticed public hearing to consider the request of
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,
Resolution No. 06-78," in that the Director of Community Development has determined
that the project is a Mitigated Negative Declaration; 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
precise plan:
Precise Plan Findings:
1. The proposed location of the precise plan is in accord with the objectives
of the Zoning Ordinance and the purpose of the district in which the site is
located.
The proposed project is zoned P.R.-5, Planned Residential, 5 units per
gross acre. The purpose of the district is to provide for flexibility in
development, creative and imaginative design, and the development of
parcels of land as coordinated projects involving a mixture of residential
densities and housing types, and community facilities, both public and
private. The proposed precise plan for the Desert Willow Golf Resort is in
accord with the objectives of the Zoning Ordinance and is consistent with
the uses outlined in Chapter 25.24 Planned Residential District.
2. The proposed location of the precise plan 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.
This project will be an expansion of an existing building on an existing
developed site. The proposed project as conditioned will comply with
current building and safety codes, fire department codes, and will be
reviewed by the City's Engineering Department for compliance with City
ordinances. The expanded use of the golf resort facilities is permitted
PLANNING COMMISSION RESOLUTION NO. 2528
within the P.R. zone and is consistent with the intent of the City's Zoning
Ordinance as described in the staff report. The improvements meet the
purpose of the P.R. district which is further intended to provide for the
optimum integrations of urban and natural amenities and will not be
detrimental to the public interest, health, safety, or welfare, and will not be
materially injurious to properties or improvements in the vicinity, as
described in more detail in the staff report. Water, sanitation and public
utilities and services are available for improvement during construction.
3. The proposed precise plan will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
The property is located in the R.R. zone and the project complies with all
provisions of this zone. The project is in accord with the objectives of the
Zoning Ordinance. Additionally, conditions have been added to the project
to ensure that all the minimum requirements of the Palm Desert Municipal
Code are met, including building, landscaping, public works, and the fire
department conditions. The project requires no variances or adjustments.
4. The proposed precise plan complies with the goals, objectives, and
policies of the City's adopted General Plan.
A primary objective stated in the Parks and Recreation Element of the
General Plan under Goals, Policies and Programs is Goal 1, which provides
for a high -quality public park system that meets the City's active and passive
recreation needs with adequate land and facilities to provide an appropriate
mix of recreational facilities and activities for the City's residents.
Policy 7 states that, the City shall monitor the residential demand for and the
capacity at Desert Willows golf course, and consider the need, as
appropriate for the development of a third municipal golf course to be
dedicated to City resident use.
The Desert Willow golf course is currently adequate for resident use, but the
associated facilities within the goff course are undersized and will provide
adequate space and service to continue serving the community residents.
This project promotes a land use that is consistent with the Parks and
recreation goals, policies, and programs of the General Plan.
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 approval of Precise Plan 10-074, is hereby granted, subject to the
attached conditions.
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PLANNING COMMISSION RESOLUTION NO. 2528
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 6th day of April, 2010, by the following vote, to wit:
AYES: CAMPBELL, DELUNA, SCHMIDT, TANNER, LIMONT
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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M. CONNOR LIMONT, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2528
CONDITIONS OF APPROVAL
CASE NO. PP 10-074
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. All trash / recycling enclosure (s) must be consistent with Palm desert
Municipal Code Chapter 8.12 and other conditions, i.e. number, size, and
location of enclosures. Turn radius for truck route must meet Burrtec standards.
Review of the Plans by Burrtec will ensure that vehicle circulation of its trucks is
adequate to service the complex. Said placement shall be approved by
applicable trash company and Department of Community Development and shall
include a recycling program.
6. 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
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PLANNING COMMISSION RESOLUTION NO. 2528
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.
7. The project shall comply with the Energy Efficiency Standards, Ordinance No.
1124.
8. In the event that Native American cultural resources are discovered during
project development/construction, all work in the immediate vicinity of the find
shall cease and a qualified archaeologist meeting Secretary of Interior standards
shall be hired to assess the find. Work on the overall project may continue during
this assessment period. If significant Native American cultural resources are
discovered that require a Treatment Plan, the developer or his archaeologist
shall contact the Morongo Band of Mission Indians. If requested by the Tribe, the
developer or archaeologist shall, in good faith, consult on the discovery and its
disposition (e.g. avoidance, preservation, return, or artifacts to tribe, etc.).
9. All conditions of approval shall be recorded with the Riverside County Clerk's
office before any building permits are issued. Evidence of recordation shall be
submitted to the Department of Community Development/Planning.
Department of Public Works:
1. This project will result in soil disturbance of one (1) or more acres of land. Prior to
the issuance of precise grading permits, the applicant shall provide the City
Engineer with evidence that a Notice of Intent (NOI) has been filed with the State
Water Resources Control Board. Such evidence shall consist of a copy of the
NOI stamped by the State Water Resources Control Board of the Regional Water
Quality Control Board, or a letter from either agency stating that the NOI has
been filed.
2. Prior to the issuance of precise grading permits, the applicant shall submit, and
the Department of Public Works shall have approved, a Water Quality
Management Plan (WQMP). The WQMP shall identify the Best Management
Practices (BMPs) that will be used on the site to control predictable pollutant
runoff.
3. Prior to the issuance of precise grading permits, the applicant shall submit, and
the Department of Public Works shall approve a PM10 application. The applicant
shall comply with all provisions of Palm Desert Municipal Code Section 24.12
regarding Fugitive Dust Control.
4. Any changes to the civil or landscape plans must be reviewed for approval prior
to work commencing.
5. Prior to the issuance of precise grading permits, the applicant shall submit a
landscape plan for review and approval. Applicants are advised to use the City of
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PLANNING COMMISSION RESOLUTION NO. 2528
Palm Desert Design Guide when designing plans. Landscape plans must meet
the following criteria:
a. Must be water efficient in design and meet the City of Palm Desert's Water
Efficient Landscape Ordinance.
b. Planting Plans must show location of utilities.
c. Must meet the Parking Lot Shade Tree Ordinance.
d. Must match approved civil plans.
e. All specifications and details must be site specific.
6. Applicants must have CVWD approval of their irrigation plan for the kitchen
expansion prior to City approval.
Riverside County Fire Department:
1. Ensure fire access around the outer ring of the parking lot radius is 31' inside and
52' outside.
2. Fire sprinkler system shall be required in buildings 3000 square feet and over.
3. Automatic fire alarm is required on all buildings with 100 sprinkler heads or more.
4. Provide three sets of plans to the Fire Marshal's office.
5. Provide water plans with hydrants, PIV, FDC and riser locations.
6. No wood / combustibles shall be placed on the job site prior to permanent or
temporary water being provided and approved.
7. An all weather surface shall be provided and maintained throughout job site for
emergency services access.
8. Buildings with kitchens installed shall provide plans for hood duct system and (1)
class.
9. All buildings shall have a minimum of (1) 2A-10BC fire extinguisher provided for
every 3000 square feet of floor as per CFC and every 75 feet of travel.
10. Where roof, patio covers and shade structures exceed 4' off the existing structure
sprinklers shall be required per NFPA 13 Chapter 8.5.1.2 (2).
11. Sprinklers may be omitted if an area is non-combustible and a non-public access
way.
12. All necessary permits shall be obtained prior to the start of any work. Approved
plans shall be on job site at all times or NO inspection will be performed.
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PLANNING COMMISSION RESOLUTION NO. 2528
Building and Safety Department:
1. 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:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency
Standards)
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
2. An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1173.
3. 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 2007 CBC Chapters 11A & B (as applicable) and Chapter
10.
4. All exits must provide an accessible path of travel to the public way. (CBC 1024.6
& 1127B.1)
5. Detectable warnings shall be provided where required per CBC 11336.8 and
1127B.5 (7). The designer is also required to meet all ADA requirements. Where
an ADA requirement is more restrictive than the State of California, the ADA
requirement shall supercede the State requirement.
6. 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.
7. 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.
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PLANNING COMMISSION RESOLUTION NO. 2528
EXHIBIT "A"
MITIGATED NEGATIVE DECLARATION
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
CASE NOS: PP 10-074
APPLICANT/PROJECT SPONSOR:
Paim Desert Redevelopment Agency
73-510 Fred Waring Drive
Paim Desert, CA 92260
PROJECT DESCRIPTION/LOCATION:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
A Precise Plan of design affecting portions of three separate parcels by the proposed
construction, which will expand upon an existing terrace, kitchen / building, and parking
lot within the Desert Willow Golf Resort. The terrace and kitchen / building addition will
expand upon the existing clubhouse located on a 4.68 acre parcel and an existing
temporary overflow parking lot will be made semi -permanent over portions of one .88
acre parcel and one 16.80 acre parcel. With this expansion, landscaped areas will be
revised and new parking lot lighting will be added to the semi -permanent parking lot.
The terrace, kitchen, and building expansion will create more seating necessitating
more space to conduct daily activities associated with larger events. Desert Willow Golf
Resort is located at 38-995 Desert Willow Drive, and bounded by Country Club Drive to
the south, Cook Street to the east, Portola Avenue to the west, and Frank Sinatra Drive
to the north. APN(s) Nos. 620-400-024, 620-400-008, 620-420-010
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.
LAURI AYLAIAN
DIRECTOR OF COMMUNITY DEVELOPMENT
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DATE