HomeMy WebLinkAboutCC RES 00-115RESOLUTION NO. 00-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING 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 TWO (2) STORY
CONFERENCE CENTER, PARKING STRUCTURE, ACCESSORY USES
AND A HEIGHT EXCEPTION FOR THE CONFERENCE CENTER
BUILDING 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 City Council of the City of Palm Desert, Califomia, did on the 14th day
of September, 2000, hold a duly noticed public hearing which was continued to October 26, 2000
and December 14, 2000, to consider the request by DESERT WILLOW CONFERENCE
CENTER LLC and the PALM DESERT REDEVELOPMENT AGENCY for the above mentioned
project; and
WHEREAS, the Planning Commission by its Resolution No. 2009 has recommended
approval of this 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
precise plan/conditional use permit and tentative tract map implement a land use plan for which
an Environmental Impact Report SCH# 94032047 was prepared and certified November 16,
1994. The approved project is in substantial conformance with the scope and character
described in the EIR and incorporates all required mitigation measures. There have been no
substantial changes in the project, environment or new information requiring additional review
or documentation; 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 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.
RESOLUTION NO. 00-115
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 lots.
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;
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;
2
RESOLUTION NO. 00-115
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; and
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 City Council of the City of Palm Desert,
Califomia, 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 00-09 and Tentative Map No. 29528 on
file in the Department of Community Development are hereby approved, subject
to the attached conditions.
3. That a height exception for the conference center and villas are approved pursuant
to Municipal Code Section 25.24.310.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council held on this 14th day of December, 200 ' , •' following vote, to wit:
AYES: KELLY, SPIEGEL, FE
NOES: BENSON, CRITES
ABSENT: NONE
ABSTAIN: NONE
TTEST:
• SHEILA R. GIL IGA i ity Clerk
City of Palm Desert, - ifomia
3
, Mayor
RESOLUTION NO. 00-115
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.
4
RESOLUTION NO. 00-115
7. That the conference center project shall be certified by IACC (Intemational 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 altemate 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.
15. That on the second story balconies facing east the applicant shall provide an effective
visual barrier to screen the residences to the east.
5
RESOLUTION NO. 00-115
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.
94-119.
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 Montecito be notified of the
meeting.
21. Villas 11 and 12 to be reduced to eight (8) unit single -story buildings. Villas 4 and 5 to
be increased to 24 unit three-story buildings.
Deoartment of Public Works:
22. 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.
23. 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.
24. 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.
25. 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.
6
RESOLUTION NO. 00-115
26. 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.
27. 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.
28. 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.
29. 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.
30. Proposed building pad elevations are subject to review and modification in accordance
with Chapter 27 of the Palm Desert Municipal Code.
31. 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.
32. Prior to issuance of grading permits, applicant shall demonstrate compliance with
NPDES Construction Permit requirements.
Riverside County Fire Department:
33. 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.
7
RESOLUTION NO. 00-115
34. 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.
35. 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.
36. 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.
37. Water plans must be approved by the Fire Marshal and include verification that the water
system will produce the required fire flow.
38. 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.
39. All valves controlling the water supply for automatic sprinkler systems and water -flow
switches shall be monitored and alarmed per UBC Chapter 9.
40. Install a fire alarm system as required by the UBC Chapter 3.
41. 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.
42. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and
private cooking operations except single-family residential usage.
43. 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 tum-
around 55' in industrial developments.
44. 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
8
RESOLUTION NO. 00-115
emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical
clearance of 13'6".
45. 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.
46. 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.
47. All buildings shall have illuminated addresses of a size approved by the city.
48. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be
submitted separately to the Fire Marshal for approval prior to construction.
49. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained within twelve months.
9