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Home My WebLink AboutCC RES 07-68RESOLUTION NO. 07-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN/CONDITIONAL USE PERMIT TO ALLOW A NEW 88-UNIT HOTEL AND RESTAURANT PAD, INCLUDING A HEIGHT EXCEPTION TO ALLOW A MAXIMUM HEIGHT OF 52-FEET. SUBJECT PROPERTY IS LOCATED AT 75-144 GERALD FORD. CASE NOS. PP 06-18 and CUP 06-15 WHEREAS, the City Council of the City of Palm Desert, California, did on the 27th day of September and continued to November 8, 2007, hold a duly noticed public hearing to consider the request by the JWDA Architecture, 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. 06-78, in that the Director of Community Development has determined that the project is a Class 32, Categorical Exemption and no further environmental review is necessary. 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: 1. The proposed hotel & restaurant complies with goals and objectives of the Wonder Palms Master Plan. 2. The proposed location of the hotel, as conditioned, is in accord with the objectives and policies of the general plan and zoning ordinance and the purpose of the district in which the site is located. 3. The proposed location of the hotel 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. 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 Commission in this case. 2. That it does hereby approve Precise Plan 06-18 and Conditional Use Permit 06-15, subject to conditions attached. RESOLUTION NO. 07-68 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 8th day of November , 2007, by the following vote, to wit: AYES: BENSON, SPIEGEL, and KELLY NOES: FERGUSON and FINERTY ABSENT: NONE ABSTAIN: NONE ATTEST: HELLE EASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA q4.(tFiARD S KELLY, MAYOR 2 RESOLUTION NO. 07-68 CONDITIONS OF APPROVAL CASE NOS. PP 06-18 and CUP 06-15 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. Construction of said project shall commence within one (1) 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. 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. Transient Occupancy Tax (T.O.T.) per Municipal Code Section 3.28.030 will be applied to the room rent for every night a room(s) are rented out for dwelling, lodging or sleeping purposes regardless of the actual purpose for which such room(s) are rented out. 6. The restaurant pad is granted a 30% reduction in parking as proposed in the precise plan of design. 3 RESOLUTION NO. 07-68 7. 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. 8. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 9. The project is subject to the Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. Department of Public Works: GENERAL REQUIREMENTS 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 landscaped 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. BONDS AND FEES 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. Drainage fees in accordance with Section 26.49 of the Palm Desert Municipal Code shall be paid prior to issuance of grading permit. 5. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 6. A standard inspection fee shall be paid prior to issuance of grading permits. DESIGN REQUIREMENTS 7. Storm drain design and construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The study shall 4 RESOLUTION NO. 07-68 compare the proposed site drainage with the approved master drainage plan for the site. 8. Driveways, drainage and pad heights shall be designed to serve this project in accordance with PM 31563 and the preliminary precise grading plan. 9. Complete grading and improvement plans and specifications shall be submitted to Public Works for checking and approval prior to issuance of any permits. 10. 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. 11. Pad elevations are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code and PM 31563. 12. Landscape installation shall be drought tolerant in nature and in accordance with the City's Water Efficient Landscape Ordinance (24.04). 13. Landscape plans shall be submitted for review concurrently with grading plans. 14. Full public improvements, as required by Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. • Including 6' sidewalk on Gerald Ford Drive to the satisfaction of the Director of Public Works. Rights -of -way necessary for the installation of the improvements shall be dedicated to the city prior to the issuance of permits associated with this project. CONSTRUCTION REQUIREMENTS 15. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. No occupancy permit shall be granted until public improvements have been completed. 16. All public and private improvements shall be inspected by the Public Works Department. 5 RESOLUTION NO. 07-68 17. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management and Discharge Control. 18. 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. Developer must contact Riverside County Flood, Control District for informational materials. SPECIAL CONDITIONS - 19. Reciprocal access and drainage agreements shall be required with adjoining properties if not provided for by PM 31563. Riverside County Fire Department: 1. Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 2. Radius shall not be less than 31-feet inside and 52-feet outside for inside circulation, secondary access and main access. 6