HomeMy WebLinkAboutRes No 2554PLANNING COMMISSION RESOLUTION NO. 2554
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL
APPROVAL OF A DEVELOPMENT AGREEMENT, PRECISE PLAN OF
DESIGN, CONDITIONAL USE PERMIT, VESTING TENTATIVE TRACT
MAP AND MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR A PROPOSED ROSEWOOD 82 ROOM
HOTEL AND 59 UNIT RESIDENTIAL CONDOMINIUM PROJECT WITH
ANCILLARY USES AND AMENITIES ON A 4.97± GROSS ACRES OF
CURRENTLY VACANT LAND (4.27± ACRES) AND TO -BE -VACATED
FRONTAGE ROAD (0.7t ACRES) LOCATED EAST OF HIGHWAY 74,
WEST OF OCOTILLO DRIVE, AND SOUTH OF THE IMAGO ART
GALLERY. THE SUBJECT PROPERTY ADDRESS IS KNOWN AS 45-
640 HIGHWAY 74.
CASE NOS: DA/PP/CUP 09-507AND VTTM 36284
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 21th day of June 2011, hold a duly noticed public hearing to consider the request by the
PDH Partners, LLC. 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. 10-26, the Director of Community Development has determined that the
project will not have a negative impact on the environment and a Mitigated Negative
Declaration has been prepared for adoption, 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 the
recommendation to the City Council of said request:
FINDINGS:
A. That the proposed location of the conditional use is in accord with the
objectives of this title and the purpose of the district in which the site is
located;
• The proposed location of the project is within the Planned
Commercial Resort (P) zone. The purpose of the PC district is to
provide for flexibility in development, creative and imaginative
design and the development of parcels of land as coordinated
projects to provide a range of commercial centers in the City. The
property is zoned for a resort center with entertainment, and
restaurant facilities to support other commercial uses. The project
will provide a mix of hotel and residential land uses. The hotel
PLANNING COMMISSION RESOLUTION NO. 2554
component is located at the north end of the site, which is adjacent
to commercial zoning with an existing art gallery. The majority of
the residential component is located at the south end of the site,
which is adjacent to residential zoning and with an existing
condominium complex.
B. 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;
• Development of the proposed commercial hotel and residential use
will meet all applicable requirements of the Palm Desert Municipal
Code Section for grading and the California Uniform Building Code
for construction, and will not be detrimental to general public health,
safety, and welfare or materially injurious to the properties in the
vicinity. Construction plans for the project will be reviewed by staff
and contracted consultants to ensure the project will be built in
accordance with such sections described above.
C. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments;
• The proposed use is consistent with the Zoning Ordinance; the
Planned Commercial District allows the Planning Commission and
City Council to approve exceptions to development standards. A
Development Agreement has been prepared, providing the City and
the developer with a higher degree of certainty that the project will
provide comply with applicable provisions of the Zoning Ordinance,
even exceptions.
D. That the proposed conditional use complies with the goals, objectives, and
policies of the city's general plan.
• Goal 3 of the City's General Plan's Goals and Polices section in the
Land Use Element states that the City shall provide "an appropriate
mix of commercial, resort and other revenue -generating land uses
that will continue to fund a high level of community development
activities, services and facilities in the City." The project represents
a mix of commercial hotel and condominium development that will
provide a mix of revenue generating land uses. The resort
component has the potential to generate substantial revenues for
the City in the form of TOT and retail sales tax. The higher than
average disposable incomes of future project residents is also likely
to have positive fiscal consequences for the City, which will fund a
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PLANNING COMMISSION RESOLUTION NO. 2554
high level of community development activities, services and
facilities that the City provides to the residents and visitors.
No map shall be approved unless the Planning Commission finds that the
proposed subdivision, together with the provisions for its design and
improvement, is consistent with the General Plan.
1. That the density of the proposed subdivision is consistent with applicable
general and specific plans;
• The project will result in the addition of 59 residential units on
commercially zoned property. The General Plan does not address
density in the commercial land use section, however, the residential
goals, policies, and programs has a goal to provide "a range of
housing types, densities and affordabilities that accommodate
existing and future residents across all socio-economic sectors of
the community': The density of this hotel does not conflict with the
City's General Plan or any specific plans.
2. That the design or improvement of the proposed subdivision is consistent
with applicable general and specific plans;
• The design of the residential component will result in 59 air space
condominium units. No physical lots will be created. Goal 1 of the
Residential Goals and Policies of the Land Use Element states that
the City shall provide "a balanced range of housing types, densities
and affordabilities that accommodate existing and future residents
across all socio-economic sectors of the community." The proposed
project broadens the range of residential product in the City by
creating a unique resort residential product within the El Paseo
village area that will be attractive to seasonal residents.
3. The site is physically suitable for the type of development.
• Although the property is vacant today, 28 years ago there was an
existing hotel and restaurant on the property. The site has physical
improvements, such as curbs and utilities already providing service
to the site. The property is suitable for the proposed development
as conditioned and mitigated as described in the draft Initial Study
and Environmental Assessment attached.
4. The site is physically suitable for residential development.
• The proposed 4.97 acres is physically suitable for residential
development with access provided by two proposed driveways
located on Highway 74. Utilities are available in the vicinity, and the
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PLANNING COMMISSION RESOLUTION NO. 2554
property is adjacent to residential properties to the south, east and
west.
5. The design of the tract map or the proposed improvements is not likely to
cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
• A draft Initial Study and Environmental Assessment have been
prepared for the project and all potential impacts are and identifies
less than significant. Mitigation measures have been identified and
will be adopted during construction. The project will not cause
substantial environmental damage or injure fish or wildlife or their
habitat.
6. The design of the tract or type of improvements is not likely to cause
serious public health problems.
• The design of the tract map is consistent with all provisions of the
zoning ordinance. The proposed development is subject to
applicable City development standards and the Uniform California
Building Standards Code, which is developed under the Health and
Safety Code (Section 18902), and whose purpose is to protect the
health, safety, and general welfare of the public.
7. 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.
• The proposed subdivision does not interfere with any public
easements acquired by the public. Approval of the project does
include a future vacation of the existing frontage road. Vacation of
the frontage road for this project will not interfere with access to the
remaining portions of the frontage road.
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 Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of
DA/PP/CUP 09-507 and VTTM 36284, subject to conditions.
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PLANNING COMMISSION RESOLUTION NO. 2554
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 21th day of June 2011, by the following vote, to wit:
AYES: CAMPBELL, DE LUNA, TANNER AND DASH
NOES: LIMONT
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
SONIA CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2554
CONDITIONS OF APPROVAL
CASE NOS. DA/PP/CUP 09-507 and VTTM 36284
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. 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 & Safety at the time of issuance of a building
permit for the use contemplated herewith.
3. Applicant agrees to maintain the landscaping required to be installed pursuant to
these conditions. 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), the approved landscape plan, and
the current addition of the City of Palm Desert Plant Maintenance Guide.
4. Access to trash/service areas shall be placed so as not to conflict with parking
areas. The applicant shall contact Burrtec Waste and Recycling, Inc. to provide
trash and recycling services that shall include the provisions of and operation of a
stinger/bin truck to maneuver the bins to a collection area above ground from
within the underground service area. Depending on the location of the trash and
recycle bins, the trash enclosures may be required and shall be consistent with
the Palm Desert Municipal Code Chapter 8.12 and other conditions, such as
number, size, and location of enclosures to accommodate the required number of
bins. All bins or enclosures must be screened from public view.
5. All sidewalk plans shall be reviewed and approved by the Department of Public
Works.
6. The project is subject to the Art in Public Places program per Palm Desert
Municipal Code Chapter 4.10. The Art in Public Places Department recommends
an onsite public art project for the hotel.
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PLANNING COMMISSION RESOLUTION NO. 2554
7. 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.).
8. The applicant shall provide designated parking spaces that can be used for
electric vehicles, golf carts and bicycles.
9. The proposed project shall meet the specifications of a Leadership in Energy and
Environmental Design (LEED) Certified Green Building.
10. Vehicular access or deliveries from Ocotillo Drive shall be prohibited.
11. Due to the parking modifications for tandem spaces and a reduction of parking
stalls for actual use based on the traffic study provides, the applicant shall
provided 100% valet parking for all employees, hotel guests, visitors, and
residents.
12. The applicant shall submit design development plans to the Architectural Review
Commission before review of the construction drawings by the City.
13. 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.
14. The Final Development Agreement shall be recorded within 5 days of final
approval of the project by the City Council.
DEPARTMENT OF PUBLIC WORKS:
Prior to recordation of the Tract Map and any permits:
1. The tract map shall be submitted to the Director of Public Works for review and
approval.
2. The tract map shall record before the condominium plan. The map recording
information shall be referenced on the condo plan. A copy of the grant deeds
relative to the conveyance of the units shall be submitted to the Public Works
Department for review prior to recording the condominium plan and deeds.
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PLANNING COMMISSION RESOLUTION NO. 2554
3. The applicant shall submit CC&R's concurrently with the map for review and
approval by the City. Once approved by the City, the CC&R's shall be recorded
with the County Recorder's office.
4. The map shall accommodate for 59' of half street of right-of-way along Highway
74.
5. Reciprocal access easement and drainage easement between the two lots shall
be provided for on the tract map.
6. A drainage easement for the benefit of the public to accommodate northerly flows
on the frontage road shall be included on the map.
7. Prior to City Council approval of the final map, the applicant shall construct or
enter into an agreement and post security, in a form and amount acceptable to the
City Engineer, guaranteeing the construction of all off -site improvements.
Improvements shall include:
a. The installation of a deceleration lane. Design shall be per the approved
site plan.
b. The installation of an 8' ADA compliant sidewalk and curb ramps on
Highway 74. Design shall be per the approved site plan.
c. All overhead utility lines shall be placed underground.
d. Modify the existing curb adjacent sidewalk on Ocotillo to current ADA
standards.
8. The frontage road shall be accessible on the north and south sides per the
design of the approved site plan.
9. The applicant shall pay the appropriate signalization fee in accordance with City of
Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance
with Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance
Number 653.
10. This map may include existing survey monuments that may be disturbed through
construction activities. Certain existing survey monumentation may be deemed
necessary for preservation and perpetuation subsequent to final construction
improvements associated with this project. All survey monuments deemed
necessary for perpetuation as recommended by the design civil engineer and
approved by the City Engineer shall be identified and shown on the final map for
perpetuation. Such survey monuments shall be preserved and referenced before
construction and if disturbed replaced after construction pursuant to Section 8771
of the Business and Professions Code. The applicant shall submit to the City
Engineer a statement noting whether any monuments will be disturbed and submit
monumentation security as determined by the Department of Public Works.
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PLANNING COMMISSION RESOLUTION NO. 2554
11. The applicant shall submit clearance letters from all utility companies.
Prior to the issuance of grading permits the applicant shall:
12. 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 or the
Regional Water Quality Control Board, or a letter from either agency stating that
the NOI has been filed.
13. Submit a final Water Quality Management Plan (WQMP) for approval. The
WQMP shall identify the Best Management Practices (BMPs) that will be used on
the site to control predictable pollutant runoff. The Operation and Maintenance
section of the approved WQMP shall be recorded with Riverside County
Recorder's Office and a conformed copy shall be provided to the Public Works
department.
14. Submit a PM10 application for approval. The applicant shall comply with all
provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust
Control.
15. Submit a site -specific geotechnical study. The geotechnical report shall be
prepared by a registered civil engineer or certified engineering geologist.
16. Pad elevations, as shown on the tentative map, are subject to review and
modification in accordance with Chapter 27 of the Palm Desert Municipal Code.
17. Submit a landscape plan concurrently with the grading plan for review and
approval. Applicants are advised to use the City of 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 proposed and existing utilities.
c. Must match approved civil plans.
d. All specs and details must be site specific.
e. Applicant must have CVWD approval of their irrigation plans prior to City
approval.
f. Applicant must have a stamp or signature from the County Agricultural
Commissioner before City approval.
18. Any changes to the civil or landscape plans must be reviewed for approval prior to
work commencing.
19. A Landscape Maintenance Agreement is required and needs to be recorded to
maintain landscaping as installed per the approved landscape plan.
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PLANNING COMMISSION RESOLUTION NO. 2554
DEPARTMENT OF BUILDING AND SAFETY:
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 Department of Building & 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 ADA accessible path of travel to the public way. (CBC
1024.6 & 1127B.1)
5. Detectable warnings shall be provided where required per CBC 1133B.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. Provide an ADA accessible path of travel to the trash enclosure. The trash
enclosure is required to be ADA accessible. Please obtain a detail from the
Department of Building & Safety.
7. Please note all residential units are required to comply with CBC Chapter 11A
and hotel units must meet requirements of CBC Chapter 11 B.
8. Public pools and spas shall be approved by the Riverside County Department of
Environmental Health, and then submitted to Department of Building & Safety.
Pools and spas for public use are required to be ADA accessible.
9. 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.
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PLANNING COMMISSION RESOLUTION NO. 2554
10. 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.
11. Address numerals shall comply with Palm Desert Ordinance No. 1173 (Palm
Desert Municipal Code 15.15. Compliance with Ordinance 1173 regarding street
address location, dimension, stroke of line, distance from street, height from
grade, height from street, etc. shall be shown on all architectural building
elevations in detail. Any possible obstructions, shadows, lighting, landscaping,
backgrounds or other reasons that may render the building address unreadable
shall be addressed during the plan review process. You may request a copy of
Ordinance 1173 or Municipal Code Section 15.15 from the Department of
Building & Safety counter staff.
12. Please contact Debbie Le Blanc, Land Management Specialist, at the
Department of Building & Safety (760-776-6420) regarding the addressing of all
buildings and/or suites.
RIVERSIDE COUNTY FIRE DEPARTMENT:
1. The Fire Department requires the following fire protection measures be provided
in accordance with the City of Palm Desert Municipal Code, 2007 California
Building and Fire Codes with applicable NFPA and or any other nationally
recognized Fire Protection Standards. The Fire Department shall set the
minimum fire flow for the remodel or construction of al buildings per California
Fire Code Appendix B.
2. The applicant shall provide a fire flow of 1500 gpm for a 1-hour duration at 20 psi
residual pressure from a permanently installed Fired Hydrant before any
combustible material is placed on the job site.
3. The applicant shall provided proof the existing water system is capable of
providing the minimum necessary gpm fire flow for 3000 gpm for commercial
buildings prior to any project approvals.
4. The applicant shall provide the required fire flow from a permanent wet Barrel
Super Hydrant with 1-4" and 2-21" discharge outlets located not less than 25'
and nor more than 150' from any portion of a commercial building measured via
vehicular travelway way prior to any building permits approvals.
5. The applicant shall submit water plans to be reviewed and approved by the Fire
Marshal and include verification that the water system is capable of providing the
required fire flow.
6. The applicant shall install a complete NFPA 13 fire sprinkler system. This applies
to all buildings with a 3000 square foot total cumulative floor area. The Fire
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PLANNING COMMISSION RESOLUTION NO. 2554
Marshal shall approve the locations of all fire appliances including Post Indicator
Valves, Fire Department Connections and Fire Hydrants. All Fire Appliances
shall not be within 25 feet of a building and all Fire Department Connections shall
be within 50 feet of a Fire Hydrant.
7. All valves controlling the water supply for automatic sprinkler systems and water -
flow switches shall be monitored and alarmed per the 2007 California Building
and Fire Code.
8. The applicant shall install a complete NFPA 72 Fire Alarm/Sprinkler Monitoring
system as required by the 2007 California Building and Fire Code.
9. The applicant shall install portable fire extinguishers as per NFPA 10. The
applicant shall install a minimum of 1-2A10BC Fire Extinguisher for every 3,000
square feet, 3' to 5' above grade with no more than 75' walking distance from any
point of the business to the extinguisher. The applicant shall install a "K" class
fire extinguisher as required for commercial kitchens within 30' of the hazard
area.
10. The applicant shall install a Hood/Duct Fire Suppression system as per NFPA 96
for all public commercial and private cooking operations with the exception of a
single-family residence.
11. The applicant shall install an all weather Fire Department accessible roadway
extending to any portion of the building where as a 150' hose lay can be utilized
for the inaccessible building perimeter. Construction type of the same shall be
approved by the Fire Marshal and be rated for 80,000 lbs. Turf block will not be
accepted. Fire lane access roadway minimum width is 20' and height clearance
is 13'6" Public roadway minimum unobstructed width is 36' with parking on both
sides. A Fire Apparatus Turn around shall be provided for dead end streets in
excess of 150' in length with approved cul-de-sac or hammer head dimensions.
12. Knox access devices shall be provided as follows:
• A Knox Padlock for every manual gated entrance.
13. The applicant shall install an illuminated building address in accordance to the
city standards for size and location. The building address shall be installed on the
building in an unobstructed locale and the color shall be contrasting to
background.
14. The applicant shall submit three sets of the following plans for review including
tenant improvement:
• Fire Alarm System
• Sprinkler System
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PLANNING COMMISSION RESOLUTION NO. 2554
• Fire Main Underground
• Hood Suppression System
• Site Plan to Scale
15. Conditions subject to change with adoption of new codes, ordinances, laws or
when building permits are not obtained within 12 months.
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PLANNING COMMISSION RESOLUTION NO. 2554
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: DA/PP/CUP 09-507AND VTTM 36284
APPLICANT/PROJECT SPONSOR:
PDH Partners, LLC
9355 Wilshire Boulevard, Suite 200
Los Angeles, CA 90210
PROJECT DESCRIPTION/LOCATION:
A Development Agreement, Precise Plan, Conditional Use Permit, Vesting Tentative Tract
Map and Mitigated Negative Declaration of Environmental Impact for a proposed 82 Room
Hotel and 59 Unit Residential Condominium project with ancillary uses and amenities on
4.97± gross acres of vacant land (4.27± acres) and to -be -vacated frontage road (0.7±
acres) located east of Highway 74, west of Ocotillo Drive, and South of the Imago Art
Gallery. The subject property address is known as 45-640 Highway 74.
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.
ifo
LAURI AYLAIAN DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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