HomeMy WebLinkAboutCC RES 2015-59RESOLUTION NO. 2015-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN ADDENDUM TO A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND
AMENDMENTS TO THE APPROVED PRECISE PLAN AND CONDITIONAL
USE PERMIT FOR A THREE-STORY 152-ROOM BOUTIQUE HOTEL
DEVELOPMENT LOCATED ON THE NORTHEAST CORNER OF
LARKSPUR LANE AND SHADOW MOUNTAIN DRIVE
CASE NOS: PP/CUP 15-087
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 16th day of June 2015, hold a duly noticed public hearing to consider the request by El
Paseo Hotel, LLC, for approval of the above noted, and adopted Planning Commission
Resolution 2651 recommending approval of El Paseo Hotel and supporting applications, to
the City Council; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 18th
day of June, 2015, hold a duly noticed public hearing to consider the request by El Paseo
Hotel, LLC, for approval of amendments to the Development Agreement, Precise Plan, and
Conditional Use Permit applications for the El Paseo Hotel, and adopted an Addendum to
the Mitigated Negative Declaration for the above noted project; and
WHEREAS, said applications have complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2014-41, in that the Director of Community Development has prepared an
Addendum to the approved Mitigated Negative Declaration and has determined that the no
new significant environmental impacts will result from the proposed changes to the hotel
design and that an Addendum to the Mitigated Negative Declaration can be adopted; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the City Council did find the
following facts and reasons to exist to justify the approval of said request:
1. 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 project is located on two vacant parcels that are zoned General Commercial (C-1)
and Residential Multiple Family (R-3). Both zoning districts allow hotel development
subject to approval of a conditional use permit. The purpose of the C-1 zone is to
provide the City with a principal core area of specialty and general commercial shopping
facilities to serve the needs of a resort community and city residents. The hotels
proximity to the El Paseo Shopping District and Highway 111 corridor will enhance the
viability of nearby commercial uses and will support the community at large. The hotel
design and operations, with approval of a Conditional Use Permit, is in accordance with
the objectives of the C-1 zone.
RESOLUTION NO. 2015-59
The purpose of the R-3 zoning district is to provide suitable areas 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, and retail 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 zoning district.
2. 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 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 additional permits from the County Health Department and other public
agencies. In addition, the hotel's design and improvements have been reviewed by the
City's Planning Department, Building and Safety Department, Fire Department, and
Public Works Department for consistency with the General Plan and emergency
services. The project has also been conditioned to limit noise and traffic impacts on
surrounding properties and to comply with all requirements of the California Building
Code which is written to protect public safety; therefore, 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 Initial Study and Mitigated Negative Declaration were prepared and adopted by the
City Council in 2008 for the original design of the hotel development. An Addendum to
the Mitigated Negative Declaration was prepared to analyze the project modifications.
The Addendum demonstrates that the environmental analysis, impacts, and mitigation
required by the original hotel design remain substantively unchanged by the hotel
modifications. The Addendum supports findings that the project modifications do not
result in any new impacts and do not exceed the level of impacts identified in the
approved Mitigated Negative Declaration. The Addendum also concludes that none of
the conditions that would require preparation of a new environmental analysis are
present at the site.
3. That the proposed conditional use will comply with each of the applicable provisions of
this title, except for approved variance or adjustments.
The proposed hotel 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.
Conditions have been added to the project to ensure that all the minimum requirements
of the Palm Desert Municipal Code are met. The City Council has previously approved
exceptions to the City's maximum hotel room density, maximum building height, and
setbacks standards for this property, and the modifications are consistent with the
approved exceptions.
G.\Planning\Enc Ceta\Case Files \PP\PP 15-0887 Larkspur Hotel \City Counal\CC Resolution docx
2
RESOLUTION NO. 2015-59
4. That the proposed conditional use complies with the goals, objectives, and policies of
the City's general plan.
The project is consistent with the goals and objectives of the City's General Plan,
Commercial Core Area Specific Plan, and the City's Sustainability Plan. The hotel
development will provide a mix of land uses meeting the general social and economic
needs of the community, develops a vacant in -fill lot surrounding by existing
development, and provides a revenue -generating land use that supports existing
commercial services and supports the City's employment base. The hotel development
is compatible with surrounding development and enhances the character and viability of
El Paseo and Highway 111. The hotel promotes economic benefits to the City and
nearby shopping districts, while also maintaining El Paseo's uniqueness and pedestrian -
oriented high -end retail shopping district.
NOW, THEREFORE, BE IT ORDAINED 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 the amendments to the Precise Plan
and Conditional Use Permit, and adopts the Addendum to the Mitigated Negative
Declaration, as proposed.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 18th day of June, 2015, by the following
vote, to wit:
AYES: HARNIK, JONATHAN, SPIEGEL, TANNER, and WEBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RA ELL D. KLASSEN,
CITY OF PALM DESERT,
all
STY CLERK
CALIFORNIA
Susan Marie Weber, Mayor
G:\Planrnng\Enc Cela\Case Ries 15-0887 Larkspur Hotel\City Counol\CC Resoluton docx
3
RESOLUTION NO. 2015-59
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP 15-087
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, as modified by the following conditions.
2. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein which are in addition to the approved Development Agreement,
all Palm Desert 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 or structure
contemplated by this approval, the applicant shall first obtain permits and/or clearance
from the following agencies:
Coachella Valley Water District (CVWD)
Public Works Department
Fire 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. Access to trash/service areas shall be placed so as not to conflict with parking areas.
Said placement shall be approved by applicable waster company and Department of
Community Development and shall indude a recycling program.
5. The applicant shall install an eight- (8) foot high block wall along the eastern property
line to provide screen and noise attenuation from surrounding properties. Design of the
wall shall include a decorate block material or shall be finished or stucco in a manner
consistent with the hotel's design and architecture. Final wall plans shall be submitted
to the City's Community Development Department for approval prior to issuance of a
building permit to construct the wall.
6. The applicant shall work with Community Development staff on the final wall design
along the southern property line. Final wall design may include a mix of materials,
include block or wrought iron. Final wall plans shall be submitted to the City's
Community Development Department for approval prior to issuance of a building permit
to construct the wall.
7. All sidewalk plans shall be reviewed and approved by the Department of Public Works.
8. The project is subject to the Art in Public Places program. The applicant is encourages
to utilize the fee for installation of an on -site art piece. Please contact Ms. Deborah
Schwartz -Glickman at (760) 346-0611 to discuss the Art in Public Place process.
G.\Planning\Enc Cep \Case Fles\PP\PP 15-0887 Larkspur Hotel\Gty Council\CC Resolution.tlocx
4
RESOLUTION NO. 2015-59
9. 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 archeologist 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 archeologist shall contact the Morongo Band of Mission
Indians. If requested by the Tribes, the developer or archeologist shall, in good faith,
consult on the discovery and its disposition.
10. Outdoor entertainment, including the use of amplified music, shall conform to the City's
Noise Ordinance and shall generally be limited to the hours of 9:00 a.m. to 10:00 p.m.
The applicant shall apply for an Entertainment Site Plan should the use of amplified
music continue beyond the hours prescribed in this condition.
11. The applicant shall provide an emergency backup generator on -site. 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 continue to operate the site as a four (4) star luxury/upscale
boutique hotel as defined by J.D. Power and Associates.
13. Lighting plans shall be submitted in accordance with P.D.M.C. Section 24.16 for any
landscape, architectural, street, or other lighting types within the project area.
14. 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.
15. The applicant shall enter into a Development Agreement that allows for a 154-room
boutique hotel development as described in the site plan. The Final Development
Agreement shall be recorded within ten (10) days of final approval of the project by the
City Council.
DEPARTMENT OF PUBLIC WORKS:
16. The applicant shall submit a grading plan to the Department of Public Works for review
and approval. Any changes to the approved civil or landscape plans must be reviewed for
approval prior to work commencing.
16. The grading plan shall identify all proposed and existing utilities.
17. 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 off -site
improvements. Improvements shall be in accordance with the Development Agreement.
18. The applicant shall install a 10' ADA compliant sidewalk on Larkspur Lane and an 8'
ADA compliant sidewalk on Shadow Mountain Drive.
19. An encroachment permit shall be obtained from the Public Works Department prior to
beginning off -site improvements.
G\Planning\Enc Cep \Case Files\PP\PP 15-0887 Larkspur Hotei\Cty Counal\CC Resolunon.docx
5
RESOLUTION NO. 2015-59
20. A parcel map waiver for lot line adjustment shall be submitted for review and approval
to create a single parcel prior to grading permit issuance.
21. The applicant shall 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.
22. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
23. The applicant shall retain to the 100-year storm within the parcel boundary.
24. The applicant shall 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.
25. The applicant shall 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.
26. 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.
27. The applicant shall submit a landscape plan concurrently with the precise grading plan for
review and approval. The applicant is 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 Coachella Valley Water District (CVWD) approval of their
irrigation plans prior to City approval.
f. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
BUILDING AND SAFETY DEPARTMENT
28. 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.
G:\Planning\Enc Cela\Case Files\PPPP 15-0887 larkspur Hotel\City Counal\CC Resolution docx
6
RESOLUTION NO. 2015-59
c. 2013 California Mechanical Code and its appendices and standards.
d. 2013 California Electrical Code.
e. 2013 California Energy Code.
f. 2013 California Green Building Standards Code.
g. Title 24, California Code of Regulations.
h. 2013 California Fire Code and its appendices and standards.
29. An approved automatic fire sprinkler system shall be installed as required per the City
of Palm Desert Code Adoption Ordinance 1265.
30. A disabled access overlay of the precise grading plan is required to be submitted to the
Department of Building and Safety for plan review of the site accessibility requirements
as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10.
31. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11B-206)
32. 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.
33. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Department of Building and
Safety.
34. Public pools and spas must be first approved by the Riverside County Department of
Environmental Health and then submitted to Department of Building and Safety. Pools
and Spas for public use are required to be accessible.
35. 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.
36. 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.
37. 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.
38. Please contact Cherie Williams, Building and Safety Technician, at the Department of
Building and Safety (760-776-6420) regarding the addressing of all buildings and/or
suites.
G:\Planning\Enc Ceta\Case Files\PP\PP 15-0887 Larkspur Hotel\Gty Counol\CC Resolution docx
7
RESOLUTION NO. 2015-59
FIRE DEPARTMENT:
39. Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which
are in force at the time of building plan submittal.
40. The Fire Prevention Bureau is required to set a minimum fire flow for the construction of
all residential buildings per CFC Appendix B. The developer shall provide for this
project, a water system capable of delivering 4,000 GPM at 20-PSI residual operating
pressure for a 4-hour duration for multi -family projects.
41. As required by the California Fire Code, when any portion of the facility of building
hereafter constructed or moved into or within the jurisdiction is more than 400 feet from
a hydrant on a fire apparatus road, as measured by an approved route around the
exterior of the facility or building, on -site fire hydrants and mains shall be provided
where required by the fire code official. (CFC Chapter 5).
42. This development shall have two points of access, via all-weather surface roads, as
approved by the Fire Prevention Bureau (CFC Chapter 5).
43. Fire Department vehicle access roads shall have an unobstructed width of not Tess than
24 feet for commercial roads with an unobstructed vertical clearance of not less than 13
feet 6 inches.
44. The developer shall furnish three copies of the water system plans to the Fire
Prevention Bureau for approval prior to installation for all private water systems
pertaining to the fire service loop. Plans shall be signed by a registered civil engineer,
contain a Fire Prevention Bureau approval signature block, and conform to hydrant
type, location, spacing and minimum fire flows standards. Hydraulic calculation will be
required with the underground submittal to ensure fire flow requirements are being met
for the on -site hydrants. The plans must be submitted and approved prior to building
pemilt being issued.
45. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval.
Three sets of sprinkler plans must be submitted by the installing contractor to the Fire
Prevention Bureau. The fire alarm system is required to have a dedicated circuit from
the house panel. These plans must be submitted prior to the issuance of building
permits.
46. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three
sets of alarm plans must be submitted by the installing contractor to the Fire Prevention
Bureau prior to issuance of building permits.
G \Planning\Enc Ceta\Case Fles\PP\PP 15.0887 Larkspur Hotel\City Counal\CC Resolution dock
8
RESOLUTION NO. 2015-59
47. New and existing buildings shall have approved address numbers, building numbers or
approved building identification placed in a position that is plainly legible and visible
from the street or road fronting the property.
48. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet
in height and be located to the right side of fire riser sprinkler rooms.
49. All manual and electronic gates on required Fire Department access road or gates
obstructing Fire Department access shall be provided with the Knox Rapid entry system
for emergency access by firefighting personnel.
50. Prior to final inspection of any building, the applicant shall prepare and submit to the
Fire Department for approval, a site plan designating fire lanes with appropriate lane
painting and/or signs.
G\Planning\Enc Cela\Case Files\PP\PP 150887 Larkspur Hotel\City Count\CC Resolution docx
9