HomeMy WebLinkAboutCC RES 08-097RESOLUTION NO. 08-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A PRECISE PLAN AND
CONDITIONAL USE PERMIT TO ALLOW A NEW FOUR STORY 128
ROOM HOLIDAY INN HOTEL, INCLUDING A HEIGHT EXCEPTION TO
ALLOW A MAXIMUM HEIGHT OF 54-FEET. SUBJECT PROPERTY IS
LOCATED AT 36-400 TECHNOLOGY DRIVE.
CASE NOS. PP / CUP 08-251
WHEREAS, the City Council of the City of Palm Desert, California, did on the 23rd
day of October 2008, hold a duly noticed public hearing to consider the request by Prest
Vuksic Architects, for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 2nd day of September 2008, hold a duly noticed public hearing to consider the said
request and by its Resolution No. 2484 approved PP/CUP 08-251; 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 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 the 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 within the Wonder Palms Master Plan, Planning
Area 2, which encourages a mix of retail and residential type uses under a
Conditional Use Permit. The proximity to the freeway and the growing
college campus makes this location attractive for this type of development.
The Wonder Palms Master Plan requires this project to be compared to
the Planned Commercial (PC-3). The purpose the PC-3 regional
commercial center is to provide a unified area for commercial uses which
offer a wide range of goods and services. The hotel meets the
development and land use of the Wonder Palms Master Plan. The
proposed project will be used for all residents, which is in accord with the
objectives of the Zoning Ordinance and is consistent with the uses
outlined in section 25.38.030 Conditional Uses.
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RESOLUTION NO. 08-97
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.
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,
except for the height exception and will comply with the Wonder Palms
Master Plan. Additionally, conditions have been added to the project to
ensure that all the minimum requirements of the Palm Desert Municipal
Code are met, including building, landscaping, public works, and the fire
departments conditions.
4. The proposed project complies with the goals, objectives, and policies of
the City's adopted General Plan.
A primary objective stated in the Land Use Element of the General Plan
under Commercial Goals, Policies and Programs is Goal 1, which states an
integrated and complementary mix of commercial land uses that meet the
day to day needs of local residents, fully exploit opportunities to serve the
regional retail commercial market. Policy 1 of the General Plan Land Use
Element is sufficient lands shall be designated to provide a full range of
conveniently located convenience, neighborhood, regional and tourist
commercial services to the residents and visitors of the community and
surrounding areas for present and future years. Program 3.A. of the
General Plan Land Use Element is that the City shall development and
implement incentive programs for selected lands encouraged cohesive and
coherent commercial development patterns, which reduce fragmented
development, enhance community design values and promote effective in -
fill development.
This project promotes a land use that is consistent with the goals, policies,
and programs of the General Plan. The project is consistent with the
General Plan because the project proposes a four story, 128 room Holiday
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Inn hotel, which is compatible with the existing uses within the
surrounding area, and offers an excellent service to the community.
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 recommend approval of PP/CUP 08-251,
subject to the conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 23rd day of October 2008, by the following vote, to wit:
AYES: FERGUSON, FINERTY, KELLY, SPIEGEL, and BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
HELLE D. KLASSE, CITY CLERId
CITY OF PALM DESERT, CALIFORNIA
JEAN M. BENSON, MAYOR
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RESOLUTION NO. 08-97
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP 08-251
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 Tong -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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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 provide designated hybrid parking spaces that can be used
for electric vehicles, golf carts and bicycles.
10. The proposed project shall meet the specifications of a Leadership in Energy
and Environmental Design (LEED) Gold Certification in New Construction v 2.2.
11. 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.
12. The applicant shall provide covered carports for the parking stalls along the east
property line abutting Cook Street.
DEPARTMENT OF PUBLIC WORKS:
1. All landscape maintenance shall be performed by the property owner, and
consistent with the Municipal Code provisions 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. 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 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 prior to issuance of grading permits.
7 A security bond shall be submitted for public improvements prior to issuance of
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grading permit.
DESIGN REQUIREMENTS
8. 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.
9. Complete grading and improvement plans and specifications shall be submitted
to Public Works for checking and approval prior to permit issuance.
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 27 of the Palm Desert Municipal Code.
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 City standards including:
Installation of Technology Drive and bike path as shown on the plans. 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.
CONSTRUCTION REQUIREMENTS
15. All public and private improvements shall be inspected by the Department of
Public Works and no occupancy permit shall be granted until the improvements
have been completed.
16. 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.
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17. 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
18. Reciprocal parking and access easement is required with property to the south
for the southerly row of parking spaces and an irrevocable access easement
required in favor to the property to the north to be with the necessity of which to
be determined by the planning commission when plans for that project are
submitted.
19a. Public Easement is required for bikepath along easterly property line and shall
connect with existing pathway to the south and extend to the north property line.
19b. Project is required to landscape/stabilize the Cook Street overpass slope. The
City shall reimburse the developer for 50% of the cost of the slope landscaping
in accordance with a written agreement to be executed by all parties before
issuance of any grading or building permit.
20. No permits associated with this project shall be issued prior to recordation of the
map on which the subject project is located and any required merger of Tots.
21. Retention basin shown in the public right of way adjacent to the overpass is not
allowed and shall be re -located. No public right of way shall be used for
retention.
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.
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.
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RESOLUTION NO. 08-97
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 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 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.
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.
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RESOLUTION NO. 08-97
15. Conditions subject to change with adoption of new codes, ordinances, laws or
when building permits are not obtained within 12 months.
16. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public
and private cooking operations except single-family residential usage.
17. A dead end single access over 500' will require a secondary access, sprinklers
or other mitigative measures approved by the Fire Marshall. Under no
circumstances shall dead end over 1300' be accepted.
18. All turning radius for the Fire Department access shall be not less than 31' inside
and 52' outside.
19. Plans not reflecting fire hydrants.
20. All buildings shall be sprinklered.
21. Provide stand pipes in stairwells.
Building Departments Conditions:
1. 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:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
2. Compliance with Ordinance 1124, Local Energy Efficiency Standards. The
requirements are more restrictive than the 2007 California Energy Code. Please
obtain a copy of the Ordinance for further information.
3. 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 2007 CBC Chapters 11A & B (as applicable) and Chapter
10.
4. All exits must provide an accessible path of travel to the public way. (CBC
1024.6 & 1127B.1)
5. Detectable warnings shall be provided where required per CBC 1133B.8 and
1127B.5 (7). The designer is also required to meet all ADA requirements. Where
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RESOLUTION NO. 08-97
an ADA requirement is more restrictive than the State of California, the ADA
requirement shall supercede the State requirement.
6. Provide an accessible path of travel to the trash enclosure. The trash enclosure
is required to be accessible. Please obtain a detail from the Dept of Building and
Safety.
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 as per CBC 1104B.4.3 (4).
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 (Palm
Desert Municipal Code 15.04.110 through 15.04.160). Compliance with
Ordinance 1006 regarding street address location, dimension, stroke of line,
distance from street, height from grade, height from street, etc. shall be shown
on all architectural building elevations in detail. Any possible obstructions,
shadows, lighting, landscaping, backgrounds or other reasons that may render
the building address unreadable shall be addressed during the plan review
process. You may request a copy of Ordinance 1006 from the Department of
Building and Safety counter staff.
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