HomeMy WebLinkAboutRES. No. 07-21 RESOLUTION NO. 07-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALlFORNIA, APPROVING AN AMENDMENT TO PP/CUP 96-
28 TO ALLOW THE CONSTRUCTION OF 280 (215 CURRENTLY
ENTITLED) NEW TIMESHARE UNITS WITH AN HEIGHT EXCEPTION
FOR A 41 FOOT 8 INCH MAXIMUM ROOF HEIGHT, A 38,000 SQUARE
FOOT VILLA CLUBHOUSE AND AMENITIES. THE PROJECT IS
LOCATED AT 39-500 PORTOLA AVENUE, ALSO KNOWN AS A
PORTION LOT 9 OF TRACT 28451 WITHIN DESERT WILLOW GOLF
RESORT.
CASE NOS: PP/CUP 06-17 AND TT 35426
WHEREAS, the City Council of the City of Palm Desert, California, did on the 22�d
day of March, 2007, hold a duly noticed public hearing to consider the request by
Starwood /WVC Rancho Mirage, Inc. for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 20t" day of February, 20, 2007, hold a duly noticed public hearing to consider the
said request and by its Resolution No. 2435 recommended approval of DA 06-03,
PP/CUP 06-17 and TT 35426 ; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality AcY',
Resolution No. 06-78, in that the Director of Community Development has determined
that this project has been previously addressed in an certified EIR for Section 4 and no
further environmental review is necessary for the purposes of CEQA; 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 approval of said request:
PRECISE PLAN
1. The design of the precise plan will comply with each of the applicable
provisions of the zoning ordinance, except for the approved height
exception.
2. The precise plan will not unreasonably interfere with the use or enjoyment
of property in the vicinity by the occupants thereof for lawful purposes.
3. The precise plan will not endanger the public peace, health, safety, or
general welfare.
RESOLUTION NO. 07-21
CONDITIONAL USE PERMIT
1. The proposed located of the conditional use is in accord with the objectives
of the Palm Desert Zoning Ordinance and the purpose of the district in
which the site is located.
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.
3. That the proposed conditional use will comply with the each of the
applicable provisions of the Palm Desert Zoning Ordinance, except for
approved exceptions.
4. That the proposed conditional use complies with the goals, objectives, and
policies of the City's General Plan.
TENTATIVE TRACT MAP
1. The proposed map is consistent with the zoning and the General Plan.
2. The site is located within Desert Willow Golf Course where improvements
have already been installed consistent with the General Plan and City
ordinances.
3. The site is of sufficient size to accommodate the proposed timeshares.
4. The design of the project provides for cluster areas of building and parking
providing open space and landscaping. The site can be served by
respective utilities, will provide adequate traffic circulation and is designed in
compliance with all city codes.
5. For purposes of CEQA, environmental impacts have been addressed in the
certified EIR for Section 4 and the proposed conditions of approval will
provide for mitigation measures.
6. The design of the map will be in compliance with applicable health, safety
and building codes.
7. No subdivision improvements will conflict with public easements.
8. The design of the subdivision will not impact solar access to adjacent
properties or the subject property. The project will comply with Ordinance
1124, Local Energy Efficiency Standards, which are more restrictive than
the 2005 California Energy Standards.
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RESOLUTION NO. 07-21
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 DA 06-03, PP/CUP 06-17 and
TT 35426 to the City Council of, subject to conditions attached
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 22"d day of March, 2007, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD KELLY, Mayor
ATTEST:
RACHELLE KLASSEN, City Clerk
City of Palm Desert, California
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RESOLUTION NO. 07-21
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP 06-17 AND TT 35426
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. Construction of said project shall commence within two (2) years 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. 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.
4. 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.
5. 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.
6. Advertising shall strictly adhere to Palm Desert's Zoning Ordinance Chapter
25.68 pertaining to signage.
7. Marketing practices shall not include street solicitation.
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RESOLUTION NO. 07-21
8. The project shall be subject to all applicable fees at time of issuance of building
permits including, but not limited to, Art in Public Places, Fringe-Toed Lizard,
TUMF, School Mitigation and Housing Mitigation fees.
9. Any secondary access for construction purposes must be reviewed and
approved by the Department of Community Development/Planning,
Redevelopment Agency and Desert Willow Golf Resort. Any access must
provide a separation and traffic mitigation from golfers and resort facilities.
Access may be denied at any time by any of the above entities.
10. The maximum building height shall 41 feet 8 inches for Buildings B and C.
Department of Building & Safety:
1. The 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:
2001 CALIFORNIA BUILDING CODE (Based on 1997 UBC)
2001 CALIFORNIA MECHANICAL CODE (Based on 2000 UMC)
2001 CALIFORNIA PLUMBING CODE (Based on 2000 UPC)
2004 CALIFORNIA ELECTRICAL CODE (Based on 2002 NEC)
2005 CALIFORNIA ENERGY CODE
2001 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2001 CALIFORNIA FIRE CODE
2. An approved automatic fire sprinkler system shall be installed in every building
(except R3 occupancies) where the total accumulation of gross floor area is 3000
square feet or more. (Reference City of Palm Desert Ordinance 1054)
3. Compliance with Ordinance 1124, Local Energy Efficiency Standards. The
requirements are more restrictive than the 2005 California Energy Standards.
Please obtain a copy of the Ordinance for further information.
4. 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 2001 CBC Chapter 11 B/11 A.
5. Accessibility shall be provided as required by the California Building Code,
Chapter 11A and ADA. However the timeshares may be viewed similar to hotels
by the Federal ADAAG guidelines (similar to CBC Chapter 11 B) and as
condominiums under the State (CBC Chapter 11 A). A letter of interpretation,
from the United States Access Board, is required to be submitted to the
Department of Building & Safety prior to plan check submittal so we may
determine how the project is to be reviewed.
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RESOLUTION NO. 07-21
6. The trash enclosures are required to be accessible. Please obtain a detail from
the Dept of Building and Safety.
7. Public pools and spas must be first approved by the Riverside County Dept of
Environmental Health and then submitted to Dept of Building and Safety. Pools
and Spas for public use are required to be accessible.
8. All contractors and subcontractors shall have a current City of Palm Desert
Business License prior to permit issuance per Palm Desert Municipal Code, Title
5.
9. All contractors and/or owner-builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
10. Address numerals shall comply with Palm Desert Ordinance No. 1006. You may
request a copy of the Ordinance at the Building Department.
11. Please contact Debbie Le Blanc, Land Management Specialist, at the
Department of Building and Safety (760-776-6420) regarding the addressing of
this tract.
Department of Public Works:
1. 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. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to issuance of grading permit.
4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
5. A standard inspection fees shall be paid prior to issuance of grading permits.
6. Any entry gate shall be setback 100 feet from extended curb line of Portola
Avenue.
7. Complete tract map shall be submitted as required by ordinance to the Director
of Public Works for checking and approval prior to the issuance of any permits.
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RESOLUTION NO. 07-21
8. Storm drain/ retention area design and construction shall be contingent upon a
drainage study prepared by a register civil engineer that is reviewed and
approved by the Department of Public Works prior to start of construction. The
project shall retain a 100-year storm on-site.
9. Driveways, drainage and pad heaths shall be designed to serve this project in
accordance with Desert Willow improvements.
10. Complete grading and improvement plans and specifications on electronic files
shall be submitted to the Director of Public Works for checking and approval
prior to issuance of any permits.
11. 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.
12. Pad elevations, as shown on the tentative map are subject to further review and
modification in accordance with Chapter 27 of the Palm Desert Municipal Code.
13. Landscape plans shall be drought tolerant in nature and in accordance with the
City's Water Efficient Landscape Ordinance (24.04).
14. Landscape plans shall be submitted for review concurrently with grading plans.
15. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm
Desert Municipal Code, General Plan Circulation Element and as shown on the
proposed street cross sections, shall be installed in accordance with applicable
City standards including the following:
• Construct interim median at project entry on Portola Avenue to eliminate
exiting left turn movements.
• Construct deceleration lane as shown and modify sidewalks to intersect
entryway curbside on Portola Avenue.
Rights-of-way necessary for the installation of the above referenced
improvements shall be dedicated to the city prior to the issuance of any permits
associated with this project.
16. All public improvements shall be inspected by the Department of Public Works
and a standard inspection fee shall paid prior to issuance of grading permits. No
occupancy permit shall be granted until public improvements have been
completed.
17. All public and private improvements shall be inspected by the Department of
Pubic Works.
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RESOLUTION NO. 07-21
18. Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust Control as well as Section 26.40, Storm water management
and Discharge Control.
19. Prior to the start of construction, the applicant shall submit satisfactory evidence
to the Director of Public Works of intended compliance with the National
Pollutant Discharge Elimination System (NPDES) General Construction Permit
for storm water discharges associated with construction.
Riverside CountY Fire Department:
1. With respect to the conditions of approval regarding the above referenced
project, the fire department recommends the following fire protection measures
be provided in accordance with City Municipal Code, NFPA, CFC, and CBC or
any recognized Fire Protection Standards: The Fire Department is required to set
a minimum fire flow for the remodel or construction of all buildings per UFC
article 87.
2. A fire flow of 1,500 gpm for a 1-hour duration at 20 psi residual pressure must be
available before any combustible material is placed on the job site.
3. Provide or show there exists a water system capable of providing a gpm flow of:
2500 gpm for multifamily dwellings and 3000 gpm for clubhouse.
4. The required fire flow shall be available from a wet barrel Super Hydrant (s) 4" x
2 1/2" x 2 1/2", located not less than 25' nor more than: 165' from any portion of
a multifamily dwelling and 150' from any portion of the clubhouse measured via
vehicular travelway.
5. Water Plans must be approved by the Fire Marshal and include verification that
the water system will produce the required Fire flow.
6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with
a 3000 square foot total cumulative floor area. The Fire Marshal shall approve
the locations of all post indicator valves and fire department connectians. All
valves and connection shall not be less than 25' from the building and within 50'
of an approved hydrant, Exempted are one and two family dwellings.
7. All valves controlling the water supply for automatic sprinkler systems and
Water-flow switches shall be monitored and alarmed per CBC Chapter 9.
8. Install a fire alarm system as required by the UBC Chapter 3.
9. Install portable fire extinguishers per NFPA 10, but not less than one 2A106C
extinguisher per 3000 square feet and not over 75' walking distance. A "K" type
fire extinguisher is required in all commercial kitchens.
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RESOLUTION NO. 07-21
10. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all
private and public cooking operations except for single-family residential usage.
11. All building shall be accessible by an all-weather roadway extending to within
150' of all portions of the exterior walls of the first story. The roadway shall not be
less than 24' of unobstructed width and 13'6" of vertical clearance. Where
parallel parking is required on both sides of the street the roadway must be 36'
wide and 32' wide with parking on one side. Dead-end roads in excess of 150'
shall be provided with a minimum 45' radius turnaround 55' in industrial
developments.
12. Whenever access into private property is controlled through use of gates,
barriers or other means provisions sha11 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".
13. A dead end single access over 500 feet will require secondary access, sprinklers
or other mitigation measures approved by the Fire Marshall. Under no
circumstance shall a dead-end over 1,300 feet.
14. A second access is required; two main access points from a main roadway or an
emergency gate from an adjoining development can accomplish this.
15. All buildings shall have illuminated addresses of a size approved by the City.
16. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately to the Fire Marshal for approval prior to construction.
17. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within twelve months.
1$. All elevators shall be minimum gurney size.
19. Sprinkler systems shall be combined. Ground Floor, second floor and Attic shall
comply with NFPA 13R
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