HomeMy WebLinkAboutCC RES 2014-40RESOLUTION NO. 2014-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN ADOPTION OF A NOTICE OF
EXEMPTION FROM ENVIRONMENTAL IMPACT ANALYSIS, A NEW
FOUR-STORY 108-ROOM FAIRFIELD INN & SUITES MARRIOTT HOTEL,
AND A FUTURE RESTAURANT BUILDING PAD LOCATED AT 74-764
TECHNOLOGY DRIVE (APN 694-190-061)
CASE NO: PP 14-25
WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of
May 2014, 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
15th day of April 2014, hold a duly noticed public hearing and recommended approval to the
City Council the request by Prest Vuksic Architects, for approval of the above noted; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the City
must determine whether a proposed activity is a project subject to CEQA. If the project is
subject to CEQA, staff must conduct a preliminary assessment of the project to determine
whether the project is exempt from CEQA review. If a project is not exempt, further
environmental review is necessary. Further review from a non-exempt project would result in a
Negative Declaration, a Mitigated Negative Declaration or an Environmental Impact Report
(EIR). Generally, an EIR must be prepared if a project may have a significant impact on the
environment. The said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act," Resolution
No. 2013-16, in the Director of Community Development has determined that the proposed
project is a Class 32: In -Fill Development Projects (15332) Categorical Exemption for
purposes of CEQA and no further review is necessary; 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, which are outlined in the staff report reasons to approve the
said request:
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 approval of the City
Council in this case.
2. That the City Council does hereby approve PP 14-25.
RESOLUTION NO. 2014-40
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 8th day of Mav 2014, by the following
vote, to wit:
AYES: BENSON, HARNIK, SPIEGEL, and TANNER
NOES: NONE
ABSENT: WEBER
ABSTAIN: NONE
VAN G. TANNER, MAYOR
ATTEST:
RACELLE D KLASSEN, "CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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RESOLUTION NO. 2014-40
CONDITIONS OF APPROVAL
CASE NO: PP 14-25
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. The development of the property described herein shall be subject to the restrictions
and limitations set forth herein, which are in addition to all municipal ordinances and
state and federal statutes now in force, or which hereafter may be in force.
3. Prior to issuance of a building permit for construction of any use contemplated by this
approval, the applicant shall first obtain permits and/or clearance from the following
agencies:
Coachella Valley Water District
Building & Safety Department
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.
4. 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.
5. Applicant shall defend, indemnify and hold harmless the city against any third party legal
challenge to these approvals, with counsel chosen by the city at applicant's expense.
6. Any proposed change to the project request will require an amendment, which will result
in a new public hearing.
7. 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.
8. The project shall comply with the Energy Efficiency Standards, Ordinance No. 1124.
9. All sidewalk plans shall be reviewed and approved by the department of public works.
10. The project is subject to the Art in Public Places program per Palm Desert Municipal
Code Chapter 4.10.
11. 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
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RESOLUTION NO. 2014-40
qualified archaeologist meeting Secretary of Interior standards shall be hired to assess
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.).
12. The applicant shall provide designated hybrid parking spaces that can be used for
electric vehicles, golf carts and bicycles.
13. The approved detached restaurant pad shall be developed within five years of the hotel
receiving a Certificate of Occupancy. If the restaurant is not built within the first five
years then the applicant may request that the Planning Commission approve an
additional five years. If the restaurant is not built within ten years of the hotel receiving a
Certificate of Occupancy, then the precise plan for the restaurant will be null and void.
The applicant would then have to submit a new Precise Plan of design for the
restaurant.
DEPARTMENT OF PUBLIC WORKS:
14. The applicant shall maintain the retention basin along the east side of the property.
15. The applicant shall construct a 6' meandering sidewalk, driveways and ADA accessible
ramps on Technology drive.
Prior to the issuance of grading permits the applicant shall:
16. Submit a deposit in lieu of construction or construct a 10' AC bike path along the east side
of the property. The bike path shall connect to the bike path along the DMV.
17. Submit a precise grading plan for review and approval. Any changes to the civil or
landscape plans must be reviewed for approval prior to work commencing.
18. 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. Prior to the issuance of grading permit, the Operation and
Maintenance Section of the approved final WQMP shall be recorded with County's
Recorder Office and a conformed copy shall be provided to the Public Works
Department.
19. 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.
20. Submit a PM10 application to the Department of Public Works for approval. The applicant
shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding
Fugitive Dust Control.
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RESOLUTION NO. 2014-40
21. Drainage fees shall be paid in accordance with Section 26.49 of Palm Desert Municipal
Code and Palm Desert Ordinance Number 653.
22. The applicant shall pay the appropriate signalization fee in accordance with City of Palm
Desert Resolution Nos. 79-17 and 79-55.
23. Pad elevations, as shown on the preliminary grading plan, are subject to review and
modification in accordance with Chapter 27 of the Palm Desert Municipal Code.
24. A landscape plan must be submitted 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. Applicants must have CVWD approval of their irrigation plans prior to City
approval.
DEPARTMENT OF BUILDING & SAFETY:
25. This project shall comply with the latest adopted edition of the following codes:
a. 2013 California Building Code and its appendices and standards.
b. 2013 California Plumbing Code and its appendices and standards.
c. 2013 California Mechanical Code and its appendices and standards.
d. 2013 California Electrical Code.
e. 2010 California Energy Code. (Until July 1, 2014)
f. 2013 California Green Building Standards Code
g. Title 24, California Code of Regulations.
h. 2013 California Fire Code and its appendices and standards.
26. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1265.
27. 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
2013 CBC Chapters 11 A & B (as applicable) and Chapter 10.
28. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11B-206)
29. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-
705.1.2.2. 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
supersede the State requirement.
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RESOLUTION NO. 2014-40
30. 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.
31. 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.
32. 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.
33. All contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
34. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert
Municipal Code 15.28. Compliance with Ordinance 1265 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 1265 or Municipal Code Section 15.28
from the Department of Building and Safety counter staff.
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