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HomeMy WebLinkAboutCC RES 2011-72RESOLUTION NO. 2011-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION FOR CEQA PURPOSES, A DEVELOPMENT AGREEMENT, A PRECISE PLAN OF DESIGN, A CONDITIONAL USE PERMIT, AND A VESTING TENTATIVE TRACT MAP FOR A PROPOSED ROSEWOOD 82 ROOM HOTEL AND 59 UNIT RESIDENTIAL CONDOMINIUM PROJECT WITH ANCILLARY USES AND AMENITIES ON A 4.97± GROSS ACRES OF CURRENTLY VACANT LAND (4.27± ACRES) AND TO -BE -VACATED FRONTAGE ROAD (0.7± ACRES) LOCATED EAST OF HIGHWAY 74, WEST OF OCOTILLO DRIVE, AND SOUTH OF THE IMAGO ART GALLERY. THE SUBJECT PROPERTY ADDRESS IS KNOWN AS 45-640 HIGHWAY 74. CASE NOS: DA/PP/CUP 09-507AND VTTM 36284 WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") (Pub. Res. Code, § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs, tit. 14 § 15000 et seq.), the City is the lead agency for the proposed 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", Resolution No. 10-26, and City staff reviewed the Project and prepared an Initial Study pursuant to CEQA; and WHEREAS, on the basis of the Initial Study, which concluded that the Project will not have significant impacts on the environment with mitigation, the City determined that a Mitigated Negative Declaration ("MND") should be prepared for the Project, and an MND was prepared pursuant to CEQA and the State CEQA Guidelines; and WHEREAS, the City distributed a Notice to Intent to Adopt a Mitigated Negative Declaration on November 10, 2010 and again on May 5, 2011; and WHEREAS, the City Council has reviewed the MND, Initial Study, and all other relevant information contained in the record regarding the Project; and WHEREAS, the City provided copies of the draft MND and Initial Study to the public for a thirty -day (30) review and comment period beginning on May 5, 2011 and ending on May 24, 2011 pursuant to Public Resources Code section 21091(b); and WHEREAS, as set forth below, the City has endeavored in good faith to set forth the basis for its decision on the proposed DA/PP/CUP 09-507AND VTTM 36284; and WHEREAS, all of the findings and conclusions made by the City pursuant to this Resolution are based upon the oral and written evidence before it as a whole; and WHEREAS, the City Council has reviewed the MND, Initial Study, and all other relevant information contained in the record regarding the Case Nos. DA/PP/CUP 09-507AND VTTM 36284; and RESOLUTION NO. 2011-72 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21 day of June 2011, hold a duly noticed public hearing to consider the request by the PDH Partners, LLC. for approval of the above noted; and WHEREAS, the Planning Commission by its Resolution No. 2554 has recommended approval of the Mitigated Negative Declaration and Case Nos. DA/PP/CUP 09-507AND VTTM 36284; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; WHEREAS, at public hearing(s) held on this 14 day of July, 2011 and on this day 25th of August , 2011, the City Council heard and considered all testimony and arguments of all interested persons; 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 the approval of said request: FINDINGS: CEQA Finding: A. In conformance with CEQA Guidelines Section 15074 and City Guidelines to implement CEQA, the City finds, on the basis of the whole record before it (including the initial study and comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the mitigated negative declaration reflects the City's independent judgment and analysis. Precise Plan Findings: A. In the approval or rejection of a precise plan of design, consideration shall be given and restrictions shall be imposed to the extent necessary, in view of the size and shape of the parcel and the present and proposed zoning and use of the subject property and the surrounding property, to permit the same degree of enjoyment of the subject property, but subject to the same degree of protection of adjoining properties, as would be accorded in normal circumstances by the standard restrictions imposed by this chapter. The standard restrictions imposed in the various zones by this chapter relating to the subjects mentioned in Section 27.73.011 are intended as minimum restrictions necessary in normal circumstances to prevent substantial depreciation of property values in the vicinity, unreasonable interference with the use and enjoyment of property in the vicinity by the occupants thereof for lawful purposes and the protection of the public peace, health, safety and general welfare. "Normal circumstances" are intended to refer to the case of a permitted case upon a lot of a normal size and shape surrounded by property in the same zone as the lot in question. Prior to 1983, the property was zoned residential with a hotel and restaurant on the property. In 1983, the property was rezoned as part of an approval of a 248 room hotel with two restaurants. After the approval, 2 RESOLUTION NO. 2011-72 the previous hotel was demolished and only the restaurant remained. The restaurant was recently demolished in 2009, leaving the property vacant today. The size and shape of the parcels are restrictive, requiring a creative hotel design that will meet the use allowed by the zone without substantial depreciation of property values, and impacts to the public peace, health, safety and general welfare. The creative design of the project has prohibited any traffic on Ocotillo Drive, eliminating any traffic impacts to a residential collector street. Restrictions were imposed during the design process such that the buildings are designed with a the taller portions stepped back from the street and neighboring properties to minimize the massing and view impacts, which will protect the aesthetic quality along Highway 74 meeting the purpose of the Scenic Preservation Overlay District. This will serve to protect the adjacent property owners to the extent practicable from interference with the use and enjoyment of their properties. The project is also designed to take advantage of the 28-foot slope by measuring the project from the average grade height as stated in 25.56.300. This design places the tallest building at the north end of the project adjacent to the commercial zone, and the shortest building at the south end adjacent to the residential zone. If the buildings were designed under "normal circumstances" with a 35-foot height limit from grade of each building, it would cause a greater impact to the residential property to the south and the residential properties to the southeast across Ocotillo Drive. As for the setbacks, Section 25.30.290 requires special setbacks for interior lots within the PC-4 District. The requirement is one foot of setback for one foot of building height measured from the ultimate curb location. The intent of this requirement is to provide step backs in taller buildings so that the buildings are terraced, which minimizes the visual impacts. Along Highway 74, the two buildings comply with the special setback. Along Ocotillo Drive, portions of the north (hotel) building are closer to the ultimate curb line than the one foot requirement, however, the building is terraced after the second floor minimizing the visual impacts of the building and meeting the intent of the special setbacks required in Section 25.30.290. The buildings were designed with terraced step backs to enhance the project's relationship with the properties directly adjacent to the east, prevent substantial depreciation of property values in the vicinity, and not to create unreasonable interference with the use and enjoyment of properties in the vicinity. The reduction of Section 25.30.290 can be granted with approval of the Development Agreement. B. If the proposed precise plan of design would substantially depreciate property values in the vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes or would endanger the public peace, health, safety or general welfare, such plan shall be rejected or shall be so modified or conditioned before adoption as to remove said objections. 3 RESOLUTION NO. 2011-72 The proposed precise plan of design has been under review by the City for nearly two years, and the project has been reduced in mass and area by 42,000 square feet to reduce overall project massing, minimize the visual impacts to the surrounding properties and protect the aesthetic quality along Highway 74 and adjoining properties. In addition to the reduction of 42,000 square feet, the Environmental Assessment and Initial Study incorporate mitigation measures that will reduce any impacts to less than significant. The proposed project will not substantially depreciate property values in the vicinity, interfere with the use or enjoyment of surrounding properties, or endanger the public peace, health, safety or general welfare. The proposed project will buffer residences to the east from Highway 74 traffic noise. The proposed project is expected to increase property values in the immediate vicinity through the redevelopment of a long vacant lot into a project that includes a high -end boutique hotel and residential condominiums that are expected to have sales prices well above average for the area. C. In addition to the foregoing grounds of rejection, the planning commission and city council, as the case may be, may also consider and take into account the exterior architectural design, general exterior appearances, landscape, color, texture of surface materials and exterior construction, shape and bulk and other physical characteristics including location and type of public utility facilities, and if it is found that the proposed precise plan of design, including the considerations enumerated in this chapter would interfere with the orderly development in the vicinity of the precise plan area, or with the existing or proposed use thereof, such precise plan of design shall be rejected or shall be so modified or conditioned before approval as to remove the objections. The architectural and landscaping design was presented to the City's Architectural Review Commission five times and approved by the Architectural Review Commission. The design of the buildings was well received by the Architectural Review Commission throughout review, with the Architectural Review Commission's only concern being the massing and size of the buildings as initially proposed. Based on input from all community stakeholders and City staff, the project was reduced by 42,000 square feet and the design otherwise substantially modified to reduce the size and massing impacts to the surrounding property owners and along Highway 74. The project's building and landscape design will enhance the property and will not interfere with the orderly development in the vicinity of the project. As modified, the proposed project will result in no significant impacts to views from any public right of way. Further, though private views from within the Sandpiper development are not legally protected, the proposed project will result in no significant impacts to any views from within Sandpiper or any other non -protected view areas. 4 RESOLUTION NO. 2011-72 Conditional Use Findings: A. That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located; The proposed location of the project is within the Planned Commercial Resort (PC-4) zone. The purpose of the PC district is to provide for flexibility in development, creative and imaginative design and the development of parcels of land as coordinated projects to provide a range of commercial centers in the City. The project will provide a mix of hotel and residential land uses. The hotel component is located at the north end of the site, which is adjacent to commercial zoning and uses, including an existing art gallery. The majority of the residential component is located at the south end of the site, which is adjacent to residential zoning and with an existing condominium complex. B. 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; The property is zoned for hotel development, and in 1983, the City approved a 248-room hotel with two restaurant uses on the project site. Due to the size and quality of the proposed project, the proposed hotel will result in lower traffic impacts than what would be expected from other hotel development and environmentally superior to the project approved previously. The former hotel approved in 1983 would have provided at least two times the amount of traffic impacts along Highway 74. Development of the proposed commercial hotel and residential use will meet all applicable requirements of the Palm Desert Municipal Code for grading and the California Uniform Building Code for construction, and will not be detrimental to general public health, safety, and welfare or materially injurious to the properties in the vicinity. The proposed project has registered for and will obtain LEED certification. Construction plans for the project will be reviewed by staff and contracted consultants to ensure the project will be built in accordance with such sections described above. In addition, a comprehensive environmental assessment was conducted pursuant to the California Environmental Quality Act and an Initial Study and Mitigated Negative Declaration have been prepared, which conclude that with the application of mitigation measures and conditions of approval to be imposed on this project, it will not result in any unmitigated significant impacts and will not detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity C. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments; 5 RESOLUTION NO. 2011-72 The proposed use is consistent with the Zoning Ordinance; the Planned Commercial District allows the Planning Commission and City Council, in enacting a Precise Plan, to approve site specific development standards that differ from other generally applicable standards. The proposed project is consistent with the development standards in the approved Precise Plan. A Development Agreement has been prepared, providing the City and the developer with a higher degree of certainty of how the project will be developed and constructed in accordance with applicable provisions of the Zoning Ordinance and Precise Plan, including any site specific development standards. No variances or adjustments not included within the Precise Plan and Development Agreement are required for approval of the project. D. That the proposed conditional use complies with the goals, objectives, and policies of the city's General Plan. Goal 3 of the City's General Plan's Goals and Polices section in the Land Use Element states that the City shall provide "an appropriate mix of commercial, resort and other revenue -generating land uses that will continue to fund a high level of community development activities, services and facilities in the City." The project represents a mix of commercial hotel and condominium development that will provide a mix of revenue generating land uses. The resort component has the potential to generate substantial revenues for the City in the form of transient occupancy tax and retail sales tax. The higher than average disposable incomes of future project residents and guests is also likely result in positive fiscal consequences for the City, which will fund a high level of community development activities, services and facilities that the City provides to the residents and visitors. Goal 1 of the City's Commercial Land Use Goals and Policies section assures "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, and provide hospitality and tourist commercial development opportunities." The proposed project is an integration of resort residential and upscale boutique hotel. Residential -serving commercial, including Fresh and Easy, Starbucks, and other neighborhood commercial services are within easy walking distance. Both the residents and hotel guests are also expected to make expenditures within the El Paseo commercial corridor. The project also constitutes a new hospitality and tourist commercial product that should complement the El Paseo village area. Goal 2 of the City's Commercial Land Use Goals and Policies section assures "A pattern of commercial land uses conveniently and appropriately distributed throughout the City, meeting the community's needs while minimizing the disruption to or incompatibilities with other land uses." 6 RESOLUTION NO. 2011-72 As a part of the El Paseo commercial corridor and with its location on Highway 74, the proposed mixed residential/resort hotel will compliment and create synergies with the El Paseo village area. This type of mixed use supports the City's resort and retail commercial position in the City and strengthens local fiscal conditions. By keeping essentially all project traffic on Highway 74, surrounding neighborhoods are not impacted by project traffic. As noted above and in the discussion under "Aesthetics", the surrounding residential developments are internally oriented, generally turning their backs on the adjoining streets (Highway 74 and Ocotillo Drive). Goal 1 of the City's General Plan's Community Design Goals and Policies states that the City shall assure a "A high quality of life provided within a livable, sustainable and balanced community with a distinct character consistent with the City's status as a premier resort community and important commercial center." The proposed project represents a new high -end resort hotel and resort residential development for the City of high quality design, amenities and value. In addition to the "boutique" hotel component, the project also provides high value residential units that capture both the visitor and part- time resident. The hotel's design and location are contiguous to the El Paseo commercial corridor, which it is expected to complement. The hotel also diversifies the offering of hotel accommodations in the City and should enhance the City's standing as a premier resort community. Goal 2 of the City's General Plan's Community Design Goals and Policies states that the City shall assure an "An aesthetically pleasing community appearance achieved on all levels, which preserves and enhances the City's resort identity, community image and natural setting." The proposed hotel/condo project brings a high level of architectural design to this portion of Highway 74. The project is a positive contribution to the City's architectural diversity and innovation, and should enhance the community image, as other development along and near the El Paseo corridor has done. The project is located in the heart of the City and is not near any natural open space or elevated terrain. Goal 3 of the City's General Plan's Community Design Goals and Policies states that the City shall assure "Standards of community design, architecture, and landscaping that enhance land use and development efficiencies and are integrated with the City's desert setting and natural scenic resources." The proposed project introduces a high level of architectural and landscape design. It also achieves a high level of land use efficiency, providing 82 hotel rooms and 59 residential units on less than five acres. The project also uses a desert themed landscape plan that adheres to the City's xeriscape landscape guidelines. Being located in the urban 7 RESOLUTION NO. 2011-72 core of the City, the project is removed from natural open space areas and is located along a highway with a high level of contiguous development. No map shall be approved unless the City Council finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. It should be noted that the Planning Commission approved the project, considering the proposed project consistent with the General Plan. Vesting Tentative Tract Map Findings: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans; The project will result in the addition of 59 residential units on commercially zoned property. The General Plan does not quantitatively address density in the commercial land use section, however, the residential goals, policies, and programs has a goal to provide "a range of housing types, densities and affordabilities that accommodate existing and future residents across all socio-economic sectors of the community': The density of this hotel does not conflict with the City's General Plan or any specific plans. In addition, the property is located in a Scenic Preservation Overlay District, which allows the City's Architectural Review Commission to consider preservation of scenic vistas. Though views from private development receive no special legal protections, the buildings were specifically redesigned with a partial fourth floor area reduction and that is set back an additional 45 feet from Highway 74 to minimize the impacts to the scenic vistas and impacts to the Sandpiper Residents to the west. The north building was redesigned by eliminating 12,000 square feet and stepping back the partial fourth floor 45 feet from the north side of the building to minimize the visual impact to the Imago Art Gallery. Lastly, both buildings have incorporated step backs at the third and fourth floors along Ocotillo Drive, minimizing the size and massing of the project to the properties on the east side of the project. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans; The design of the residential component will result in 59 air space condominium units. No physical lots for the residential units will be created. Goal 1 of the Residential Goals and Policies of the Land Use Element states that the City shall provide "a balanced range of housing types, densities and affordabilities that accommodate existing and future residents across all socio-economic sectors of the community." The proposed project broadens the range of residential product in the City by creating a unique resort residential product within the El Paseo village area that will be attractive to both seasonal and year-round residents. 8 RESOLUTION NO. 2011-72 3. The site is physically suitable for the type of development. Although the property is vacant today, 28 years ago there was an existing hotel and restaurant on the property. In addition, the City approved a much larger hotel project on this site in 1983. The site has physical improvements, such as curbs and utilities already providing service to the site. The property is suitable for the proposed development as conditioned and mitigated as described in the Initial Study and Environmental Assessment 4. The site is physically suitable for residential development. The proposed 4.97 acres is physically suitable for residential development with access provided to residents and hotel guests by two proposed driveways located on Highway 74. A separate service driveway leading to a below -grade enclosed service area is provided for deliveries, trash removal, and other service uses that is physically separated from residents or hotel guests. Utilities are available in the vicinity, and the property is adjacent to residential properties to the south, east and west. 5. The design of the tract map or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An Initial Study and Environmental Assessment has been prepared for the project and all potential impacts are identified as less than significant. Mitigation measures have been identified and will be incorporated throughout the project construction and operation, as applicable. The project is located in the urban core of the City, has been subject to previous site disturbance and development, and its development will not cause substantial environmental damage or injure fish or wildlife or their habitat. 6. The design of the tract or type of improvements is not likely to cause serious public health problems. The design of the tract map is consistent with all provisions of the zoning ordinance and the approved Precise Plan. The proposed development is subject to all applicable City development standards and the Uniform California Building Standards Code, which is developed under the Health and Safety Code (Section 18902), and whose purpose is to protect the health, safety, and general welfare of the public. 7. 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. The proposed subdivision does not interfere with any public easements acquired by the public. Approval of the project does include a future 9 RESOLUTION NO. 2011-72 vacation of the existing frontage road. Vacation of the frontage road for this project will not interfere with access to the remaining portions of the frontage road. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Compliance with the California Environmental Quality Act. As the decision - making body for the Project, the City Council has reviewed and considered the information contained in the Mitigated Negative Declaration (MND), Initial Study, and whole administrative record, on file with the City and available for review at City Hall, 73510 Fred Waring Drive, Palm Desert, California. The City Council finds that the MND and Initial Study have been completed in compliance with CEQA, the State CEQA Guidelines and the City Rules to Implement CEQA. SECTION 2. Findings on Environmental Impacts. In the City's role as the lead agency under CEQA, the City Council finds that the MND and Initial Study contain a complete and accurate reporting of the environmental impacts associated with the Project. The City Council further finds that the documents have been completed in compliance with CEQA, the State CEQA Guidelines and the City Rules to Implement CEQA. The City further finds that the Project, as modified and mitigated, will not result in any significant environmental impacts. The City Council further finds that there is no substantial evidence in the record supporting a fair argument that the Project may result in significant environmental impacts, and that any comments received regarding the Project have been examined and determined to not modify the conclusions of the MND or the City Council. The City Council finds that the MND contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project, provides adequate mitigation to reduce potential impacts to levels that are less than significant, and reflects the independent judgment of the City Council. Relative to identified areas of potentially significant impact, the City Council finds as follows: A. Aesthetics The Project has gone through extensive City review and has been modified to reduce its size and massing to a sufficient degree that it will not have a substantial adverse effect on a scenic vista, will not substantially damage scenic resources as seen from Highway 74 or surrounding properties, will not substantially degrade the visual character or quality of the site or area, and will not create a substantial source of light or glare that could affect day or nighttime views in the area. B. Air Quality The Project does not conflict with or obstruct implementation of the PM10 State Implementation Plan or other applicable air quality plan, will not violate any air quality standard or contribute substantially to an existing or projected air quality violation, will not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard, expose sensitive receptors to substantial pollutant concentrations or create objectionable odors affecting a substantial number of people. 10 RESOLUTION NO. 2011-72 C. Noise The Project will not exposure people to or result in the generation of noise levels in excess of standards established in the City General Plan or noise ordinance, will not generate or expose people to excessive levels of ground -borne noise or vibration, and will not result in a substantial permanent increase or temporary or periodic increase in local ambient noise levels. D. Land Use/Planninq The Project is consistent with the General Plan Community Commercial and High Density Residential designations assigned to the subject property, consisting of a mixed project that will provide a high -end hotel and new residents with high discretionary incomes to help anchor El Paseo. The property does not physically divide an existing community, and does not conflict with any applicable land use plan, policy, or regulation outlined in the General Plan. The Project is consistent with the City's Zoning Ordinance by providing a resort commercial center. Other aspects of the project, height, parking and setbacks are also found consistent based on application of the exceptions portion of the Planned Commercial District, and the Project Precise Plan and Development Agreement. E. Traffic The Project consists of a complementary mix of land uses that reduces off -site travel and will generate substantially less traffic than other previously approved land uses for this site. The Project will not generate a substantial increase in traffic or adversely affect roadway capacity. The Project will not exceed, either individually or cumulatively, a level of service standard established by the City of the County congestion management agency for designated roads or highways in the vicinity. The Project will not result in a change in traffic patterns, traffic levels or a change in location that may results in substantial safety risks due to design features or other causes. The Project will not result in inadequate emergency access, inadequate parking or conflict with adopted transportation policies plans or programs. SECTION 3. Adoption of Mitigated Negative Declaration. The City Council hereby approves and adopts the MND prepared for the Project. SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at City Hall for the City of Palm Desert, located at 73-510 Fred Waring Drive, Palm Desert, California. Rachelle Klassen, City Clerk, is the custodian of the record of proceedings. SECTION 5. Notice of Determination. Staff is directed to file a Notice of Determination with the County of Riverside within five (5) working days of approval of the Project. SECTION 6. Findings. That the above recitations are true and correct and constitute the findings of the City Council in this case. 11 RESOLUTION NO. 2011-72 SECTION 7. Aaaroval. That the City Council does hereby approve: • A Mitigated Negative Declaration for CEQA Purposes, attached • Development Agreement 09-507, as provided in City Council Ord. No. 1225 • Precise Plan 09-507, provided as the site plan for the Project • CUP 09-507, as provided as the Conditions of Approval, attached • Vesting Tentative Tract Map 36284, as provided per the tract map for the Project PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council held on this 25th day of August 2011, by the following vote, to wit: AYES: HARNIK, KROONEN, and SPIEGEL NOES: FINERTY and BENSON ABSENT: NONE ABSTAIN: NONE ATTEST: RA .1' D. KLASSEN, City Clerk City of Palm Desert, California ( M. BENS • Mayor 12 RESOLUTION NO. 2011-72 EXHIBIT "A" CONDITIONS OF APPROVAL CASE NOS. DA/PP/CUP 09-507 and VTTM 36284 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 & 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), the approved landscape plan, and the current addition of the City of Palm Desert Plant Maintenance Guide. 4. Access to trash/service areas shall be placed so as not to conflict with parking areas. The applicant shall contact Burrtec Waste and Recycling, Inc. to provide trash and recycling services that shall include the provisions of and operation of a stinger/bin truck to maneuver the bins to a collection area above ground from within the underground service area. Depending on the location of the trash and recycle bins, the trash enclosures may be required and shall be consistent with the Palm Desert Municipal Code Chapter 8.12 and other conditions, such as number, size, and location of enclosures to accommodate the required number of bins. All bins or enclosures must be screened from public view. 5. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 6. The project is subject to the Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. The Art in Public Places Department recommends an onsite public art project for the hotel. 7. 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 13 RESOLUTION NO. 2011-72 the find. Work on the overall project may continue during 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.). 8. The applicant shall provide designated parking spaces that can be used for electric vehicles, golf carts and bicycles. 9. The proposed project shall meet the specifications of a Leadership in Energy and Environmental Design (LEED) Certified Green Building. 10. Vehicular access or deliveries from Ocotillo Drive shall be prohibited. 11. Due to the parking modifications for tandem spaces and a reduction of parking stalls for actual use based on the traffic study provides, the applicant shall provided 100% valet parking for all employees, hotel guests, visitors, and residents. 12. The applicant shall submit design development plans to the Architectural Review Commission before review of the construction drawings by the City. 13. The Final Development Agreement shall be recorded within 30 days of final approval of the project by the City Council. 14. The future hotel operator shall provide the Community Development / Planning Department with a parking management plan, and traffic management plan for stacking within the project and potential stacking on Highway 74 for special events. Said parking and traffic management plan shall be reviewed and approved by the Department of Public Works prior to the issuance of a Certificate of Occupancy by the Department of Building and Safety 15. All mitigation measures identified in the CEQA Environmental Assessment and Initial Study shall be incorporated into the planning, design, development, and operation of the project. 16. If the project is constructed with the use of off -site parking, the applicant shall provide the Community Development / Planning Department with parking agreements from said property owners identified in the Parking Study before the issuance of any building permits are issued. 17. The applicant, its successors and assigns, shall defend, indemnify, and hold harmless the City of Palm Desert (including its agents, officers, and employees) from any action, claim, or proceeding against the City that attacks, challenges, or seek to set aside this approval with the counsel chosen by the City, subject to the applicant's approval of counsel and expense at the sole of the applicant. If the City is aware of such an action or proceeding, it shall promptly notify the applicant and cooperate in the defense. Applicant upon such notification shall deposit with City sufficient funds in the judgment of the City Finance Director to cover any expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. This 14 RESOLUTION NO. 2011-72 condition does not prohibit the City from participating in the defense or action or proceeding. 18. The average hotel room within the Project is greater than five hundred (500) square feet 19. The Project includes breakfast, lunch and dinner restaurant dining services available to Project residents and guests seven (7) days per week; though, breakfast and lunch may be combined in a brunch service on weekends and holidays. 20. 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: Prior to recordation of the Tract Map and any permits: 1. The tract map shall be submitted to the Director of Public Works for review and approval. 2. The tract map shall record before the condominium plan. The map recording information shall be referenced on the condo plan. A copy of the grant deeds relative to the conveyance of the units shall be submitted to the Public Works Department for review prior to recording the condominium plan and deeds. 3. The applicant shall submit CC&R's concurrently with the map for review and approval by the City. Once approved by the City, the CC&R's shall be recorded with the County Recorder's office. 4. The map shall accommodate for 59' of half street of right-of-way along Highway 74. 5. Reciprocal access easement and drainage easement shall be provided for on the tract map. 6. A drainage easement for the benefit of the public to accommodate northerly flows on the frontage road shall be included on the map. 7. Prior to City Council approval of the final map, the applicant shall construct or enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of all off -site improvements. Improvements shall include: a. The installation of a deceleration lane. Design shall be per the approved site plan. b. The installation of an 8' ADA compliant sidewalk and curb ramps on Highway 74. Design shall be per the approved site plan. c. All overhead utility lines shall be placed underground. d. Modify the existing curb adjacent sidewalk on Ocotillo to current ADA standards. 8. The frontage road shall be accessible on the north and south sides per the design of the approved site plan. 15 RESOLUTION NO. 2011-72 9. The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653. 10. This map may include existing survey monuments that may be disturbed through construction activities. Certain existing survey monumentation may be deemed necessary for preservation and perpetuation subsequent to final construction improvements associated with this project. All survey monuments deemed necessary for perpetuation as recommended by the design civil engineer and approved by the City Engineer shall be identified and shown on the final map for perpetuation. Such survey monuments shall be preserved and referenced before construction and if disturbed replaced after construction pursuant to Section 8771 of the Business and Professions Code. The applicant shall submit to the City Engineer a statement noting whether any monuments will be disturbed and submit monumentation security as determined by the Department of Public Works. 11. The applicant shall submit clearance letters from all utility companies. Prior to the issuance of grading permits the applicant shall: 12. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. 13. Submit a final Water Quality Management Plan (WQMP) for approval. The WQMP shall identify the Best Management Practices (BMPs) that will be used on the site to control predictable pollutant runoff. The Operation and Maintenance section of the approved WQMP shall be recorded with Riverside County Recorder's Office and a conformed copy shall be provided to the Public Works department. 14. Submit a PM10 application for approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 15. Submit a site -specific geotechnical study. The geotechnical report shall be prepared by a registered civil engineer or certified engineering geologist. 16. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 17. Submit a landscape plan concurrently with the grading plan for review and approval. Applicants are advised to use the City of Palm Desert Design Guide when designing plans. Landscape plans must meet the following criteria: a. Must be water efficient in design and meet the City of Palm Desert's Water Efficient Landscape Ordinance. b. Planting plans must show location of proposed and existing utilities. c. Must match approved civil plans. d. All specs and details must be site specific. e. Applicant must have CVWD approval of their irrigation plans prior to City approval. 16 RESOLUTION NO. 2011-72 f. Applicant must have a stamp or signature from the County Agricultural Commissioner before City approval. 18. Any changes to the civil or landscape plans must be reviewed for approval prior to work commencing. 19. A Landscape Maintenance Agreement is required and needs to be recorded to maintain landscaping as installed per the approved landscape plan. DEPARTMENT OF BUILDING AND SAFETY: 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 2007 CALIFORNIA 2007 CALIFORNIA 2007 CALIFORNIA 2007 CALIFORNIA 2007 CALIFORNIA 2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC) MECHANICAL CODE (Based on 2006 UMC) PLUMBING CODE (Based on 2006 UPC) ELECTRICAL CODE (Based on 2005 NEC) ENERGY CODE (Based on the 2008 Energy Efficiency Standards) BUILDING STANDARDS ADMINISTRATIVE CODE FIRE CODE 2. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1173. 3. A disabled access overlay of the precise grading plan is required to be submitted to the Department of Building & Safety for plan review of the site accessibility requirements as per 2007 CBC Chapters 11 A & B (as applicable) and Chapter 10. 4. All exits must provide an ADA 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 an ADA requirement is more restrictive than the State of California, the ADA requirement shall supercede the State requirement. 6. Provide an ADA accessible path of travel to the trash enclosure. The trash enclosure is required to be ADA accessible. Please obtain a detail from the Department of Building & Safety. 7. Please note all residential units are required to comply with CBC Chapter 11A and hotel units must meet requirements of CBC Chapter 11 B. 8. Public pools and spas shall be approved by the Riverside County Department of Environmental Health, and then submitted to Department of Building & Safety. Pools and spas for public use are required to be ADA accessible. 9. 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. 17 RESOLUTION NO. 2011-72 10. 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. 11. Address numerals shall comply with Palm Desert Ordinance No. 1173 (Palm Desert Municipal Code 15.15. Compliance with Ordinance 1173 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 1173 or Municipal Code Section 15.15 from the Department of Building & Safety counter staff. 12. Please contact Debbie Le Blanc, Land Management Specialist, at the Department of Building & Safety (760-776-6420) regarding the addressing of all buildings and/or suites. RIVERSIDE COUNTY FIRE DEPARTMENT: 1. The Fire Department requires the following fire protection measures be provided in accordance with the City of Palm Desert Municipal Code, 2007 California Building and Fire Codes with applicable NFPA and or any other nationally recognized Fire Protection Standards. The Fire Department shall set the minimum fire flow for the remodel or construction of al buildings per California Fire Code Appendix B. 2. The applicant shall provide a fire flow of 1500 gpm for a 1-hour duration at 20 psi residual pressure from a permanently installed Fired Hydrant before any combustible material is placed on the job site. 3. The applicant shall provided proof the existing water system is capable of providing the minimum necessary gpm fire flow for 3000 gpm for commercial buildings prior to any project approvals. 4. The applicant shall provide the required fire flow from a permanent wet Barrel Super Hydrant with 1-4" and 2-21" discharge outlets located not Tess than 25' and nor more than 150' from any portion of a commercial building measured via vehicular travelway way prior to any building permits approvals. 5. The applicant shall submit water plans to be reviewed and approved by the Fire Marshal and include verification that the water system is capable of providing the required fire flow. 6. The applicant shall 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 fire appliances including Post Indicator Valves, Fire Department Connections and Fire Hydrants. All Fire Appliances shall not be within 25 feet of a building and all Fire Department Connections shall be within 50 feet of a Fire Hydrant. 18 RESOLUTION NO. 2011-72 7. All valves controlling the water supply for automatic sprinkler systems and water -flow switches shall be monitored and alarmed per the 2007 California Building and Fire Code. 8. The applicant shall install a complete NFPA 72 Fire Alarm/Sprinkler Monitoring system as required by the 2007 California Building and Fire Code. 9. The applicant shall install portable fire extinguishers as per NFPA 10. The applicant shall install a minimum of 1-2A10BC Fire Extinguisher for every 3,000 square feet, 3' to 5' above grade with no more than 75' walking distance from any point of the business to the extinguisher. The applicant shall install a "K" class fire extinguisher as required for commercial kitchens within 30' of the hazard area. 10. The applicant shall install a Hood/Duct Fire Suppression system as per NFPA 96 for all public commercial and private cooking operations with the exception of a single-family residence. 11. The applicant shall install an all weather Fire Department accessible roadway extending to any portion of the building where as a 150' hose lay can be utilized for the inaccessible building perimeter. Construction type of the same shall be approved by the Fire Marshal and be rated for 80,000 lbs. Turf block will not be accepted. Fire lane access roadway minimum width is 20' and height clearance is 13'6" Public roadway minimum unobstructed width is 36' with parking on both sides. A Fire Apparatus Turn around shall be provided for dead end streets in excess of 150' in length with approved cul-de-sac or hammer head dimensions. 12. Knox access devices shall be provided as follows: • A Knox Padlock for every manual gated entrance. 13. The applicant shall install an illuminated building address in accordance to the city standards for size and location. The building address shall be installed on the building in an unobstructed locale and the color shall be contrasting to background. 14. The applicant shall submit three sets of the following plans for review including tenant improvement: • Fire Alarm System • Sprinkler System • Fire Main Underground • Hood Suppression System • Site Plan to Scale 15. Conditions subject to change with adoption of new codes, ordinances, laws or when building permits are not obtained within 12 months. 19 RESOLUTION NO. 2011-72 EXHIBIT "B" MITIGATED NEGATIVE DECLARATION Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. CASE NOS: DA/PP/CUP 09-507AND VTTM 36284 APPLICANT/PROJECT SPONSOR: PDH Partners, LLC 9355 Wilshire Boulevard, Suite 200 Los Angeles, CA 90210 PROJECT DESCRIPTION/LOCATION: A Development Agreement, Precise Plan, Conditional Use Permit, Vesting Tentative Tract Map and Mitigated Negative Declaration of Environmental Impact for a proposed 82 Room Hotel and 59 Unit Residential Condominium project with ancillary uses and amenities on 4.97± gross acres of vacant land (4.27± acres) and to -be -vacated frontage road (0.7± acres) located east of Highway 74, west of Ocotillo Drive, and South of the Imago Art Gallery. The subject property address is known as 45-640 Highway 74. The City Council of the City of Palm Desert, 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. August 25, 2011 LAURI AYLAIAN DATE DIRECTOR OF COMMUNITY DEVELOPMENT 20