HomeMy WebLinkAboutCC RES 98-049RESOLUTION NO. 98-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING A REQUEST BY PDH ASSOCIATES, LLC, FOR A
PRECISE PLAN/CONDITIONAL USE PERMIT TO PERMIT THE CONSTRUCTION
AND OPERATION OF A HOTEL COMPLEX (TWO HOTELS), A FREESTANDING
RESTAURANT, A PARKING MODIFICATION AND AN EXCEPTION TO THE
BUILDING HEIGHT LIMIT FOR TWO HOTELS ON 11.3 ACRES AT THE
SOUTHWEST CORNER OF COOK STREET AND FRANK SINATRA DRIVE.
CASE NO. PP/CUP 98-2
WHEREAS, the City Council of the City of Palm Desert, California, did on the 23rd
day of April, 1998, hold a duly noticed public hearing and continued public hearing on April
29, 1998, to consider the request by PDH ASSOCIATES, LLC for the above project; and
WHEREAS, the Planning Commission has approved the above noted request; 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," in that the project was reviewed as part of an Environmental Impact Report
which was prepared and certified in 1994, pursuant to City Council Resolution No. 94-1 19,
and no further documentation is necessary; 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 City Council did find
the following facts and reasons more fully delineated in the staff report dated April 23,
1998 to exist to justify the granting of said precise plan/conditional use permit:
1. That the proposed location of the precise plan/conditional use is in accord with
the objectives of this title and the purpose of the district in which the site is
located.
2. That the proposed location of the precise plan/conditional use 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.
3. That the proposed precise plan/conditional use will comply with each of the
applicable provisions of this title, except for parking, building height and
minimum guest room size as discussed at length in the staff report dated April
23, 1998.
4. That the proposed precise plan/conditional use complies with the goals,
objectives and policies of the City's adopted General Plan.
RESOLUTION NO. 98-49
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the City Council in this case.
2. That Precise Plan/Conditional Use Permit 98-2 on file in the Department of
Community Development is hereby approved, subject to conditions (Exhibit A).
3. That the approval of PP/CUP 98-2 includes a parking modification based on
findings described in the staff report dated April 23, 1998.
4. That the height of the two hotels is approved as shown on plans given
preliminary approval by the Architectural Review Commission on March 24,
1998, said plans on file with the Department of Community Development.
PASSED, ADOPTED and APPROVED at a regular meeting of the Palm Desert City
Council, held on this 29th day of April, 1998, by the following vote, to wit:
AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATT ST.
HEILA GILLIGA , City Cler
City of Palm Desert
2
ilki 7i„..e-yr,‘poo-
JE"' M. BENSON, MAYOR
RESOLUTION NO. 98-49
EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. PP/CUP 98-2
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 Review 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. The project shall include two hotels with total rooms/suites not exceeding 283
rooms/suites. Site plan for said project shall provide a minimum of 370 parking
spaces.
7. Should the applicant/owner choose to create an illuminated parking lot or illuminate
the building exterior, a detailed parking lot and/or building lighting plan shall be
3
RESOLUTION NO. 98-49
submitted for staff approval, subject to applicable lighting standards, plan to be
prepared by a qualified lighting engineer.
8. All sidewalk plans shall be reviewed and approved by the Department of Public Works
prior to Architectural Review Commission review of final landscape plan.
9. Project is subject to Art in Public Places program per Palm Desert Municipal Code
Chapter 4.10.
10. Final landscape plans shall comply with the parking lot tree planting master plan.
11. 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.
12. 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.
13. The approval of Case PP/CUP 98-2 shall not become effective until and unless the
City Council adopts an ordinance amending Municipal Code Section 25.86.500.A and
the City Council approves an exception to the building height pursuant to Municipal
Code Section 25.24.310.
14. The future freestanding restaurant on the southwest corner of Cook Street and Frank
Sinatra shall be processed through the precise plan process (a public hearing through
Planning Commission) and the architectural review process.
15. All relevant mitigation measures as delineated in the 1994 Environmental Impact
Report shall be conditions of this application.
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 provided in
4
RESOLUTION NO. 98-49
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 Uniform Fire Code Sec. 10.301 C.
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 is placed on the job site.
3. Provide, or show there exists a water system capable of providing a potential gallon
per minute flow of 2500 for multifamily, and 3000 for commercial. The actual fire
flow available for any one hydrant connected to any given water main shall be 1500
GPM for two hours duration at 20 PSI residual operating pressure.
4. A combination of on -site and off -site Super fire hydrants (6"x4"x2-1 /2"x2-1 /2") will
be required, located not less than 25' or more than 165' multifamily, and 150'
commercial from any portion of the building(s) as measured along approved vehicular
travelways. The required fire flow shall be available from any adjacent hydrant(s) in
the system. Hydrants shall be "wet barrel" type.
5. Provide written certification from the appropriate water company having jurisdiction
that hydrant(s) will be installed and will produce the required fire flow, or arrange
field inspection by the Fire Department prior to request for final inspection.
6. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and
fire department connection shall be located to the front, not Tess than 25' from the
building and within 50' of an approved hydrant. This applies to all buildings with
3000 square feet or more 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.
7. 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 sprinklers
systems.
8. 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.
9. 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))
5
RESOLUTION NO. 98-49
10. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A1OBC
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.
11. -Install a Hood/Duct automatic fire extinguishing system if operating a commercial
kitchen including, but not limited to, deep fryers, grills, charbroilers or other
appliances which produce grease laden vapors or smoke. NFPA 96,17, 17a.
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 not be less
than 24' of unobstructed width and 13'6" of vertical clearance.
13. Contact the Fire Department for a final inspection prior to occupancy.
14. Commercial buildings shall have illuminated addresses of a size approved by the City.
15. 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.
16. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained within twelve months.
17. As drawn on mater site plan, Item 12 is not met, and must have vehicular access
between buildings to meet Item No. 12's 150' requirement.
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code
and Palm Desert Ordinance Number 653, shall be paid prior to issuance of a grading
permit.
2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and
79-55, shall be paid prior to issuance of a grading permit.
3. Any storm drain construction associated with 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.
4. 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. All public improvements shall be inspected by the Department of Public
6
RESOLUTION NO. 98-49
Works and a standard inspection fee shall be paid prior to the issuance of any permits
associated with this project.
5. 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. 0ffsite improvement plans shall
be reviewed and approved by the Director of Public Works and a surety posted to
guarantee the installation of all required offsite improvements prior to issuance of a
grading permit. Such improvements shall include, but not be limited to, minimum
eight -foot wide concrete sidewalk and installation of appropriate landscape
improvements within the existing Frank Sinatra Drive median island. "As -built" plans
shall be submitted to the Director of Public Works prior to the acceptance of the
improvements by the City.
6. All private driveways and parking lots shall be inspected by the Engineering
Department and a standard inspection fee paid prior to the issuance of a grading
permit.
7. Landscaping maintenance on the Cook Street and Frank Sinatra Drive project
frontages shall be the responsibility of the property owner.
8. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans
and specifications shall be submitted to the Director of Public Works for checking and
approval prior to the issuance of any permits associated with this project.
9. Size, number and location of driveways to the specifications of the Department of
Public Works with four driveway approaches serving this property. All access points
shall be limited to right turn ingress and egress only. In addition, the most southerly
access point (Cook Street) may be permitted left turn ingress.
10. Any and all offsite improvements shall be preceded by the approval of plans by the
Director of Public Works and the issuance of a valet encroachment permit by the
Department of Public Works.
11. 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.
12. Proposed building pad elevations are subject to review and modification in accordance
with Section 27 of the Palm Desert Municipal Code.
7
RESOLUTION NO. 98-49
13. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF),
lodging/restaurant classification. Payment of said fees shall be at time of building
permit issuance.
14. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive
Dust Mitigation, as well as Section 24.20, Stormwater and Discharge Control.
City Council Conditions:
1. That the street and sidewalk improvement plans include provision of bus stop(s) and
shelter(s) to the satisfaction of the Director of Community Development and Sunline
Transit.
2. That the landscape plan revisions include elimination of non usable lawn areas and
emphasis of plant material from the Desert Accent pallet.
3. That the developer provide a plan to participate in a scholarship program for child
care for hotel employees.
4. That an on site directional sign program be included as part of the project sign
program to help direct patrons to the best route to return to the 1-10 Freeway.
8