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HomeMy WebLinkAboutRES. No. 06-68RESOLUTION NO. 06-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN / CONDITIONAL USE PERMIT TO ALLOW A NEW 12 UNIT, 36 KEYS, HOTEL CONDOMINIUM PROJECT LOCATED AT 73-811 LARREA STREET. CASE NO. PP/CUP 05-20 WHEREAS, the City Council of the City of Palm Desert, California, did on the 111h day of May 2006, to consider the request by the EUGENE BREZNOCK for approval of the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of March 2006, hold a duly noticed public hearing, which was continued to April 18, 2006, to consider the said request and by its Resolution No. 2390 recommended approval of the PP/CUP 05-20; 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. 05-52, in that 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 approval of said request: The proposed hotel/condominium meets complies with goals and objectives of the El Paseo Resort Overlay Zone. 2. The proposed location of the boutique hotel, as conditioned, is in accord with the objectives and policies of the general plan and zoning ordinance and the purpose of the district in which the site is located. 3. The proposed location of the office boutique hotel 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve Precise Plan/Conditional Use Permit 05-20, subject to conditions attached. RESOLUTION NO. 06-68 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 11th day of May 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California JIM FERGUSON, Mayor 2 RESOLUTION NO. 06-68 CONDITIONS OF APPROVAL CASE NO. PP/CUP 05-20 Department of Communitv Development: 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. Construction of said project shall commence within one (1) year from the date of final approval unless an extension of time is granted, otherwise said approval shall become null, void and of no effect whatsoever. 3. Applicant shall record a conservation easement to the satisfaction of the Director of Community Development/Planning and City Attorney for the undisturbed 4.13 acres of the 4.84-acre site that is being annexed into the City. 4. 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. 5. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 6. 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. 7. Transient Occupancy Tax (T.O.T.) per Municipal Code Section 3.28.030 will be applied to the room rent for every night a room(s) are rented out for dwelling, lodging or sleeping purposes regardless of the actual purpose for which such room(s) are rented out. 3 RESOLUTION NO. 06-68 8. Prior to issuance of building permits, the applicant shall enter into an agreement with the City regulating non -transient if the condominiums are sold to individual buyers. 9. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 10. The parapets around the exterior elevations facing adjacent neighbors and Larrea Street shall be 5'8" tall to provide privacy to the adjacent neighbors. 11. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 12. Use of the roof decks shall be prohibited after 10:00 pm Sundays through Thursdays and after 12:00 am on Fridays and Saturdays. Department of Public Works: All landscape maintenance shall be performed by the property owner and the applicant shall enter into a landscape maintenance agreement with the City for the life of the project, consistent with the Property Maintenance Ordinance (Ord. 801) and the approved landscape plan. 2. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of a grading permit. 3. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Ordinance No. 653, shall be paid prior to recordation of final map. 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 the issuance of grading permits. 6. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to recordation of final map. 7. Storm drain design and construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. 8. Complete grading and improvement plans and specifications on electric files shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits. n RESOLUTION NO. 06-68 9. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 10. Pad elevations are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code. 11. Landscape install shall be drought tolerant in nature and in accordance with the City's Water Efficient Landscape Ordinance (24.04). 12. Landscape plans shall be submitted for review concurrently with grading plans. 13. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards and the City's Circulation Network including the following: • 6' curb adjacent sidewalk on Larrea Street. 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 the project. 14. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 15. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management and Discharge Control. 16. The applicant shall file a tentative parcel map for condominium purposes. Riverside Countv Fire Department: With respect to the conditions of approval regarding the above referenced plan check, Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA Standards, CFC, CBC, and/or recognized fire protection standards: The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per UFC Article 87. A fire flow of 1500 gpm for a 1-hour duration at 20-psi residual operating pressure must be available before any combustible materials are placed on the job site. 2. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of: 5 RESOLUTION NO. 06-68 a) 3000 for commercial structure. 3. The required fire flow shall be available from a wet barrel Super Hydrant 4"x2-1/2"x2- 1/2"), located not less than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 4 Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 5. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings within a 3,000 square foot total cumulative floor area. The Fire Marshal shall approve locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building with 50' of an approved hydrant. 6. All valves controlling the water supply for automatic sprinkler systems and Water - flow switches shall be monitored and alarmed per CBC Chapter 9. 7. Install portable fire extinguishers per NFPA, 10, but not less than 2A10BC extinguisher per 3,000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 8. 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 be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 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). Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. 9. 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". 10. All buildings shall have illuminated addresses of a size approved by the city. 11. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. 12. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 13. Sprinklers shall be installed in the under ground parking lots. 14. Due to compromising access for fire fighting, sprinkler monitoring may be required. C.1 CITY OF PALM DESERT TO: FROM: DATE: SUBJECT: DEPARTMENT OF COMMUNITY DEVELOPMENT MISC./INFORMATIONAL ITEM City Council Tony Bagato, Assistant Planner June 8, 2006 Modifications to proposed 12 unit, 36 keys, hotel condominium project located at 73-811 Larrea Street. The applicant is proposing two (2) options to modify the rear buildings lowering the roof height by three (3) feet. The first option is to allow a private spa on the roof removing the private pool, BBQ and seating area. The overall building height of the rear building would be lowered to 25'6" with a tower element at 31'6". The tower element houses the stairway to provide access to the private spa. The second option is to completely eliminate the roof decks on the rear building lowering the height to 25'6" without a tower element since a roof stairway is not needed. Both proposals lower the building height to reduce view impacts to the adjacent neighbors. The roof decks are proposed on the three (3) front buildings, leaving the overall height at 28'6" with tower elements at 31'6". Submitted By: Tony Ba ato Assistant Planner CITY COUNCIL ACTION: APPROVED DENIED RECEIVED OTHER MEETING DATE ( AYES :, ejj-{a; 4( ( NOES: ( 11SC'1 ABSENT' ABSTAIN:fV VERIFIED BY )kJ/ry Original on Pile wLih City Clerk's Office cc: Carlos Ortega, City Manager Homer Croy, Assistant City Manager for Development Services * By Minute Motion, referred the matter back to staff and the Planning Commission, requesting that the Applicant initiate the Development Agreement process for the subject project, further indicating that the Applicant's Option 2 was preferable. 4-1 (Besnon NO)