HomeMy WebLinkAboutCC RES 08-060RESOLUTION NO. 08-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVAL OF A PRECISE PLAN OF DESIGN,
CONDITIONAL USE PERMIT, AND MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW THE
CONSTRUCTION OF A NEW THREE-STORY 106-ROOM BOUTIQUE
HOTEL AND A TWO-STORY CONDOMINUM UNIT INCLUDING
SIXTEEN 3-BEDROOM LOCKOUT ROOMS (48 KEYS MAXIMUM)
TOTALING A MAXIMUM OF 154 UNITS/KEYS. THE PROJECT
INCLUDES 203 UNDERGROUND PARKING SPACES, A RESTAURANT
AREA, GIFT SHOP, CONFERENCE AND MEETING ROOMS, SPA, AND
AMENITIES INCLUDING A ROOF DECK POOL AND BAR, ROOF DECK
GARDEN AND ROOF DECK PATIOS ON 11 OF THE 16
CONDOMINIUM UNITS. THE PROJECT IS LOCATED AT 45-400
LARKSPUR LANE, ALSO KNOWN AS APNS 627-262-008 AND 627-262-
011.
CASE NOS: PP 07-11, AND CUP 07-14,
WHEREAS, the City Council the City of Palm Desert, California, did on the 26th
day of June 2008, hold a duly noticed public hearing to consider the request by the
LARKSPUR ASSOCIATES, LLC. for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 20th day of May 2008, hold a duly noticed public hearing to consider the said
request and by its Resolution No. 2477 recommended approval of PP/CUP 08-10; 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, 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 City Council
did find the following facts and reasons to exist to justify approval of said request:
Precise Plan/Conditional Use Permit:
1. The proposed location of the project is in accordance with the objectives
of the Zoning Ordinance and the purpose of the district in which the site is
located.
The project is located in a C-1 General Commercial zone and R-3 Multiple
Family zone. Both zoning districts allow hotel development with a
Conditional Use Permit. The purpose of the C-1 zone is to provide the City
RESOLUTION NO. 08-60
with a core area of specialty and general commercial shopping facilities
which are inherent within a resort community. Hotel developments are
allowed with a Conditional Use Permit to support the commercial uses
within a resort community, therefore the proposed project is in accordance
with the objectives of the C-1 zone.
The purpose of the R-3 zone is to provide suitable area for residents to
live in a variety of housing types at high population densities consistent
with sound standards of public health and safety. Historically the R-3
properties south of El Paseo, between Highway 74 and Deep Canyon
Drive have been a transitional land use area between the City's
commercial core (Highway 111 and El Paseo) and south Palm Desert's
single-family neighborhood. These properties consist of hotels,
apartments, condominiums, medical and general office uses. The zone
allows hotel development with a Conditional Use Permit as a transitional
land use between the City's commercial core and single-family
neighborhoods; therefore the proposed project is in accordance with the
objectives of the R-3 zone.
2. The proposed location of the project 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.
The proposed hotel use is consistent with the intent of the City's Zoning
Ordinance as described above. The project has been conditioned to
address public health and safety and will require permits from the City's
Building and Safety Department, Finance Department, Riverside County
Fire Marshal, as well as other local agencies. The project will not be
detrimental to the public interest, health, safety, welfare and will not be
materially injurious to properties or improvements in the vicinity.
An environmental assessment leading to a Mitigated Negative Declaration
has been prepared that concludes that there will be no adverse
environmental effects.
3. The proposed project will comply with each of the applicable provisions of
this Title 25 (Zoning).
The proposed use is consistent with the intent of the Zoning Ordinance
and will comply with the General Commercial (C-1) and Residential
Multiple Family (R-3) zones. Additionally, conditions have been added to
the project to ensure that all the minimum requirements of the Palm
Desert Municipal Code are met.
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RESOLUTION NO. 08-60
4. The proposed project complies with the goals, objectives, and policies of
the City's adopted General Plan.
The proposed project is consistent with City's General Plan Commercial
Core Area goal, objectives and policies by promoting sustainable
economic benefits to the City and Redevelopment Agency on El Paseo,
as well as keeping El Paseo a unique, pedestrian -oriented high -end retail
shopping district.
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 Precise Plan 07-11 and
Conditional Use Permit 07-14, subject to conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 26th day of June 2008, by the following vote, to wit:
AYES: FERGUSON, FINERTY, KELLY, SPIEGEL, and BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
j / l „04
JEAJ I. BENSON ayor
ATTEST:
RACHEI:1E D. KLASSEN, City')
City of Palm Desert, California
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RESOLUTION NO. 08-60
CONDITIONS OF APPROVAL
CASE NOS. PP 07-11, AND CUP 07-14
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 and 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) and the approved landscape plan.
4. 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.
5. The project shall comply with the Energy Efficiency Standards, Ordinance No.
1124.
6. All sidewalk plans shall be reviewed and approved by the department of public
works.
7. The project is subject to the Art in Public Places program per Palm Desert
Municipal Code Chapter 4.10.
8. 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
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RESOLUTION NO. 08-60
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.).
9. The applicant shall salvage the existing Washingtonia sp. Palm trees to be
reused as part of the landscaping for the proposed hotel. The applicant shall
provide a relocation plan to the City's Landscape Specialist. Said plan shall
illustrate how the palm trees will be salvaged, stored and maintained during the
construction, and where they will be incorporated into the hotel landscaping plan.
10. Use of the condominium roof decks, roof spas, and hotel roof deck, roof pool
and service bar shall be prohibited after 8:00 pm Sundays through Thursdays
and after 10:00 am on Fridays and Saturdays.
11. The applicant shall provide an emergency backup generator onsite. The hotel
will be used as a "cooling station" in the event of a power outage in the City of
Palm Desert.
12. The applicant shall provide designated hybrid parking spaces that can be used
for electric vehicles, golf carts and bicycles.
13. The proposed project shall meet the specifications of a Leadership in Energy
and Environmental Design (LEED) Certified Green Building.
14. No outdoor entertainment on the roof deck patios, roof deck pool and service
bar, roof deck garden, and outdoor restaurant dining patio.
15. The applicant shall enter into a Development Agreement that allows a new
boutique hotel totaling 154 units/keys as proposed and described in the site plan.
As part of the project, the hotel will include condominium units totaling 16 suites
with 3-bedroom lockout rooms for a total of 48 keys. The condominium approval
is to allow financial flexibility for the financing purposes of the hotel and the
Development Agreement shall provide a mechanism by which the condominium
approval shall be revenue neutral to the City with respect to payment of
Transient Occupancy Tax (TOT), i.e. the Development Agreement will enable the
city to collect TOT from the units in amounts commensurate with the amounts
that would be collected if the hotel were not subdivided into condominiums. The
Agreement will shall stipulate that one hundred (100) percent of the
condominium units must be made available as rental units for hotel guests when
not being used by the unit owner for the unit owner's personal use. A
condominium unit owner shall be allowed to use the unit for no more than two (2)
weeks between November 1st and May 1st and for no more than two (2) weeks
between May 2nd and October 31st without paying the TOT. Every condominium
unit shall be subject to TOT, except for personal use described above, and each
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RESOLUTION NO.08-60
condominium unit shall be rented for more than twenty nine (29) consecutive
days. No condominium unit shall be used or converted into any form of
permanent residence. No condominium unit shall be used as a timeshare,
factional or other vacation ownership.
16. 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.
DEPARTMENT OF PUBLIC WORKS:
1. All landscape maintenance shall be performed by the property owner who shall
maintain the landscaping per the City approved landscape document package
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.
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 the Transportation Uniform Mitigation Fees
(TUMF). Payment of said fees shall be at the time of building permit issuance.
5. A standard inspection fee shall be paid prior to issuance of grading permits.
6. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code shall be paid to issuance of grading permit.
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.
8. Complete grading and improvement plans and specifications shall be submitted
to the Director of Public Works for checking and approval prior to issuance of
any permits.
9. 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.
10. Pad elevations are subject to review and modification in accordance with
Chapter 26 of the Palm Desert Municipal Code.
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RESOLUTION NO. 08-60
11. Landscape installation shall be drought tolerant in nature and in accordance with
the City's Water Efficient Landscape Ordinance (24.04).
12. Landscape plans shall be submitted for review concurrently with grading plans.
13. Full public improvements, as required by Section 26 of the Palm Desert
Municipal Code, shall be installed in accordance with applicable City standards
including:
• Installation of a 6-foot sidewalk along Shadow Mountain Drive and
Larkspur Lane
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.
14. All public and private improvements shall be inspected by the Department of
Public Works and no Certification of Completion shall be granted until the
improvements have been completed.
15. 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.
16. 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.
17. Entrance aisles to the underground parking area shall be a minimum of 24 feet in
width with 2 feet clear on each side for a total of 28 feet, widening to 34 feet
and/or a combination that achieves an acceptable turning radius on the ramp
landings.
18. Parking stalls depths and aisles widths shall be adjusted to meet the minimum
City development standards.
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 Codes, NFPA, UFC and UBC, or
any recognized fire protection standards.
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RESOLUTION NO. 08-60
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 1500 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 fire flow
of 3000 gpm for commercial buildings.
4. 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' nor more than 150' feet from any portion of
a commercial building 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 connections shall not be Tess 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 UBC 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 2A1OBC
extinguisher per 3000 square feet and not over 75' walking distance. A "K" type
fire extinguisher is required in all commercial kitchens.
10. 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 turn -around 55' in industrial
developments.
11. 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".
12. A second access is required. This can be accomplished by two main access
points from the main roadway or an emergency gate from an adjoining property.
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RESOLUTION NO. 08-60
13. All buildings shall have illuminated addresses of a size approved by the city.
14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately to the Fire Marshal for approval prior to construction.
15. Conditions subject to change with adoption of new codes, ordinances, laws or
when building permits are not obtained within 12 months.
16. Standpipes required in courtyard, roof and all stairways per CBC.
17. Sprinkler required in underground parking per CBC CFC.
18. Full fire alarm system required per CBC.
19. Fire Department Emergency Access shall remain per plan.
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RESOLUTION NO, 08-60
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 07-02, PP 07-11, AND CUP 07-14
APPLICANT/PROJECT SPONSOR:
Larkspur Associates, LLC.
73-626 Highway 111
Palm Desert, CA 92260
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
PROJECT DESCRIPTION/LOCATION:
A Development Agreement, Precise Plan of design, Conditional Use Permit, and
Mitigated Negative Declaration of Environmental Impact to allow the construction of a new
three-story 106-room boutique hotel and two-story condominium unit including sixteen 3-
bedroom lockout rooms (48 keys maximum) totaling a maximum of 154 units/keys. The
project includes 203 underground parking spaces, a restaurant area, gift shop,
conference and meeting rooms, spa, and amenities including a roof deck pool and bar,
roof deck garden and roof deck patios on 11 of the 16 condominium units. The project is
located at 45-400 Larkspur Lane, also known as APNs 627-262-008 and 627-262-011.
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.
June 26, 2008
URI LAIAN C DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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