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HomeMy WebLinkAboutCC RES 07-21RESOLUTION NO. 07-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO PP/CUP 96- 28 TO ALLOW THE CONSTRUCTION OF 300 (215 CURRENTLY ENTITLED) NEW TIMESHARE UNITS WITH AN HEIGHT EXCEPTION FOR A 52 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: PP/CUP 06-17 AND TT 35426 WHEREAS, the City Council of the City of Palm Desert, California, did on the 22nd day of March, 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, the Planning Commission of the City of Palm Desert, California, did on the 20th day of February, 20, 2007, hold a duly noticed public hearing to consider the said request and by its Resolution No. 2435 recommended approval of DA 06-03, PP/CUP 06-17 and TT 35426; 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 City Council 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. RESOLUTION NO. 07-21 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. 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. 2 RESOLUTION NO. 07-21 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 the City Council does hereby approve DA 06-03, PP/CUP 06-17 and TT 35426 to the City Council of, subject to conditions attached PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 22nd day of March, 2007, by the following vote, to wit: AYES: FERGUSON, SPIEGEL, and KELLY NOES: BENSON and FINERTY ABSENT: NONE ABSTAIN: NONE ATTEST: D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA HARD S. KELLI?, MAYOR (I- 3 RESOLUTION NO. 07-21 CONDITIONS OF APPROVAL CASE NOS. 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 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. 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 RESOLUTION NO. 07-21 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 CALIFORNIA 2001 CALIFORNIA 2001 CALIFORNIA 2004 CALIFORNIA 2005 CALIFORNIA 2001 CALIFORNIA 2001 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 11B/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 RESOLUTION NO. 07-21 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 6 RESOLUTION NO. 07-21 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. 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. 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. All 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. 7 RESOLUTION NO. 07-21 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. 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 less 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 less 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. 8 RESOLUTION NO. 07-21 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 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 turnaround 55' in industrial developments. 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