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HomeMy WebLinkAboutSUPPTL INFO - DA 06-03, PP/CUP 06-17 & TT35426 � # � �' i� l �' ;► �. ��` i� �: � � �� ! ��„ ,; , 73--5io Fki.i>VG',�kin�c [)�sirr ; Pri.tit llFsrr.i',Cnt muxni,�yzzGo-z57fi � rti.:760 ;q6—o6ii Fa�:760 ;qi-7og8 i nfoCw�alnrdcscrt.ur� CITY OF PALM DESERT LEGAL NOTICE CASE NOS. DA 06-03, PP/CUP 06-17, TT 35426 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by STARWOOD for approval of an amendment to PP/CUP 96-28, and DA 96-1 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. --. .—__-__._._---- __ ---�1RANK:sINATR/1=0R � � — � � " --� �� � ,M, ` ;. ; � � ; � � � � / �1 ..�'� � — D - -- CO!l111TRY--CLUe=DR � .�. SAID public hearing will be held on Thursday, March 22, 2007 at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, Califomia, at which time and place all interested persons are invited to attend and be heard. Written comments conceming all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information conceming the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challsnge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission(or city council)at,or prior to,the public hearing. PUBLISH: Desert Sun RACHELLE KLASSEN,City Clerk March 12, 2007 City Council MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 20. 2007 Case No. PP 06-11, subject to conditions as amended. Motion carried 3-2 with Commissioners Limont and Tanner voting no. � B. Case Nos. DA 06-03, PPlCUP 06-17 and TT 35426 - STARWOODNWC RANCHO MIRAGE, INC., Applicant Request for a recommendation to the City Council for approval of an amendment to PP/CUP 96-28 and DA 96-1 to aflow the construction of 300 new timeshare units (of which 215 are already entitled) with a height exception for a 52-foot 8-inch maximum roof height, a 40,000 square foot Villa Clubhouse and amenities. The project is located at 39-500 Portola Avenue, also known as a portion of Lot 9 of Tract 28451 within Desert Willow Golf Resort. Mr. Bagato reviewed the staff report and displayed a materials sample board. He recommended that Planning Commission recommend to the City Council approval of the project, subject to the conditions. Regarding the parcel on the map shown directly to the east of the northemmost yellow parcel, Commissioner Schmidt asked if Mr. Bagato would go back over what was being proposed there. Mr. Bagato said the applicant could share more and wanted to do a power point presentation. They were looking at developing that site as well. He thought it was going to be another timeshare product with lower heights and the density would depend on what was approved with this parcel. Commissioner Schmidt asked about the height of the two approved hotels on the overall site. Mr. Bagato said the Courtyard on the comer of Cook and Frank Sinatra was 47 feet with a 50-foot tower element; the Residence Inn also had a height exception and he could find out the height. Commissioner Schmidt asked if Mr. Bagato knew the height of the existing Intrawest project. Mr. Bagato said it is finro stories at 24 feet. Commissioner Schmidt asked about the covered parking and if it would be similar to Intrawest. Mr. Bagato indicated that there was a diagram in the back of the packets. He said it didn't match Intrawest, but thought it complimented its architecture. Commissioner Schmidt thanked him. Commissioner Tschopp noted that Mr. Bagato used the exception for the Desert Springs Marriott with its height of 78 feet and asked about the setback from Country Club. Mr. Bagato said it sits back approximately 1,200 feet from Country Club. Commissioner Tschopp said that in the table Intrawest shows 5 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 20. 2007 that it has a 24-foot maximum height on their timeshare development. He asked if there were some taller elements that took that up higher. Mr. Bagato didn't see any mention in the staff report. The overall height was 24 feet. Mr. Srnith noted that chimney's don't count in the height calculation. Commissioner Tschopp asked if these additional 85 units are granted, if that decreased the total density of the remainder of the Desert Wi{low project. Mr. Bagato explained that there are 600 units entitled within the whole master plan. With this approval and Intrawest, that put them at 396 units; so it does decrease, but iYs still within the allowable units of the master plan. They still had 240 units available for approval in the future. Commissioner Tschopp asked if this project would have access to the Desert Willow Clubhouse and if they could reach it from the project. Mr. Bagato said they are still working with the applicant. They talked about preliminarily providing an easement through that vacant parcel to the north and east, at least for golf carts and potentially with main vehicles as a temporary driveway. They were also looking at secondary access for construction during their phasing, so there is potential for providing an access to the clubhouse as we{I. Commissioner Tschopp mentioned the sight lines from the surrounding properties. He knew it was surrounded by golf course for the most part, but seeing that the City is the owner of the golf course at this time, he asked if there were any concems that the views from the golf course will be impacted. Mr. Bagato said that the applicant had a more detailed presentation about the view. He said there is a 20-foot setback requirement along the golf course, which was recently increased, and they comply with. But the taller buildings, the four-story Building C's, they tried to them push farther away from the golf course than the other buildings so that with the distance those buildings appear no higher than the three-story ones or the two-story ones where they vary. But the applicant had a more detailed power point presentation that would demonstrate the height. Commissioner Tschopp asked Mr. Bagato to point out the locations of the Building C locations. Mr. Bagato did so and reiterated that they tried to push them farther away than the other buildings and put them at angles so there wasn't a straight view from the golf course of just a long building. Commissioner Tschopp said the views from the Desert Willow Clubhouse are phenomenal, but he recalled that it sloped away from the clubhouse to the south. He asked if that was correct. Mr. Bagato said yes. Commissioner Tschopp said that his point was that there is a gradual sloping in this project and the heights will be decreased somewhat visually. Mr. Bagato said that was correct. From what he recalled, most of the views from the clubhouse 6 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 20. 2007 dining areas were to the north and west and this was more south. From the parking lot is where someone would see more of this project, but they generally decrease throughout the site because of the grade difference and distance at over 1,000 feet away, which minimized the impacts. Given the additional height being requested, Commissioner Tschopp asked Mr. Bagato if he had any concems about height escalation wars with the 17.68 acres and if they would ask fo� higher heights to see over the tops of these buildings. Mr. Bagato said during preliminary discussions staff focused on telling them that the major concems throughout the city will be views from the clubhouse, so staff reaHy worked with them to try to focus on intensifying this area so that whatever happened on Parcel B, they would have a higher expectation of less intensity and less of a view impact and the applicants were aware of that. They could still ask for the same height or higher, but staff wouldn't support it. Commissioner Tschopp asked if Mr. Bagato heard any comments or had any comments with the homeowner's association or any owners of the adjacent mobile home park. Mr. Bagato said no. Commissioner Tschopp thanked Mr. Bagato. There were no further questions for staff and Chairperson Campbell o�gned the public hearing and asked the applicant to address the Commission. MR. STEVE DECKERT, MDR Architects in Inrine, Califomia, said they have been working with Planning Department and RDA (Redevelopment Agency)for about a year. He said it has been a good experience; they've probably had seven or eight workshops befinreen the Planning Department and RDA. He reviewed the background and history of the proposal, revisions that had taken place, various concerns taken into consideration including golf course constraints that had to be dealt with, the height sensitivity, and the shift in the center of gravity. He said they ran this plan by Hearst and Frye, the original golf course architects for Desert Willow, and had been working with Dana Frye and Bill Kerman. Their first comment was that this course was designed around 1995. The golf course equipment standards changed in mid 2006. When they designed this, they had from cente�line to the edge of the playable area or "probable play area" at 175 feet. It is now 200 feet at the landing area. That took a big bite out of their site plan and in some places at the landing zone off the t-shot it is 400 feet. He was told the equipment allowed people to hit the ball 5°/a farther, but there is 25% wider range that they could miss hit it. He said they reviewed the pian a second and third time and Dana Frye was out here yesterday looking at the golf course. 7 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 20. 2007 Mr. Deckert provided a power point presentation and reviewed the site plan, views, setbacks, landscape treatments, amenities, phasing, architecture, and samples of interiors. He said it was a great experience and joy to work with Planning staff, Phil Drell, Lauri Aylaian, Dave Yrigoyen and Tony Bagato. Commissioner Tschopp noted that there was quite a distance between the end unit and the clubhouse. He asked if Mr. Deckert had an intemal transportation system. Mr. Deckert said they have a tram stop and a series of stations and the tram will make a loop throughout the resort. It would be a simple shade tree and a bench. He confirmed it would be their own intemal transportation company. Commissioner Tschopp noticed that he was planning for a market within the clubhouse. Mr. Deckert said yes and explained that it was a market concept with prepackaged foods. They have barbeques scattered throughout the property and as one example said someone could get a prepackaged steak or chicken and take it back to the unit and barbeque it. Chairperson Campbell said she had a question about Phase 3. She noted that they have two pools, but the amenity area with barbeques, volleybal{ and those buildings were quite a distance from the pool area. She asked if they needed anything extra there. Mr. Deckert said they have an overlay which they worked out with their landscape architect for a series of pathways that get off of the street and take people between the buildings, so there are shortcuts. They also worked out a measurabfe jogging path so they could go throughout the project without being on the street. They would use a shortcut to the pool and they didn't think it was afl that far. Chairperson Campbell asked for confirmation that they didn't feel that they needed an extra pool of some kind in that area at this time. Mr. Deckert said no, not in that area. The operator seemed to think they were very well covered. Chairperson Campbell agreed that sometimes people don't want to be by the pool area where it can get noisy. 8 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 20. 2007 Cornmissioner Schmidt asked how close the proposed clubhouse would be to the existing Desert Willow Clubhouse. Mr. Deckert didn't know off hand, but thought it was approximately 1,200 feet. Commissioner Schmidt noticed that in Phase 1 there is no Building C and wondered what impact it would have on the project if they did not have that extra story. Mr. Deckert said there were 20 units in the fourth story. It didn't seem like it had that much impact to get to 300. He said for the 300-unit threshold they have been working with their mechanical engineer and his partner was very into leads and sustainable projects and what they are incorporating into this project at 300 units is a centralized plant system with chilled water lines that n�n undemeath the property that go up into water-cooled heat pumps in the building so they don't have any rooftop equipment, no units on the ground, and it is a very environmentally friendly system.When they were looking at the lesser densities, and they looked at 215 units, 250, 275, and got to a point where 300 allowed them to do some of these other things. {t was a little more initial cost, but the benefits of that sustainable system would be really good. He said there were things they would have to rethink if they backed down, but it started to affect it economically. As stated earlier on, Commissioner Schmidt said there is a density transfer agreement and they have more property which they will develop. She asked if that other property would be developed in a similar fashion. Mr. Deckert showed the location of that parcel and showed a scheme where they tried to plot the same product on it. What they learned from this exhibit is they started to get some of these same kinds of things with buildings just right along the fairways, no undulation, and so forth. That's where in working with Phil Drell he asked them if more density could be given at the current project location if they could improve the site plan in the future where they woufdn't have to have these "freight trains" running along the fairways. That's what they were talking about. A little more density here would free up that site to have more flexibility. The edge Phil was really concerned with was around the clubhouse and along Desert Willow Drive and how that drive would be impacted by development. Chairperson Campbell asked if anyone in the audience wished to speak in FAVOR or OPPOSIT{ON to the proposed project. There was no one. 9 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 20. 2007 Commissioner Schmidt asked for c{arification on the devefopment plans for the adjacent property. Mr. Bagato clarified that Mr. Deckert talked about their initial plan, but there were no proposed development pians at this time. What was approved in the project before them was kind of an indication of where they needed to go on the other site. The approved master plan for Desert W illow allows for 600 units, so it was technically not a density transfer to this one parcel, it was just that intensifying this parcel would limit the number of units throughout the rest of the property. There would be 396 total and there are three other vacant parcels, or four within Desert Willow that can still be developed with timeshare. By intensifying here, it reduced the number of units closer to the clubhouse. It gives them more flexibility on that Parcel B. There was no plan yet because this approval would determine what kind of economics would drive the next parcel. Commissioner Schmidt thanked him. Chairperson Campbell closed the public hearing and asked for Commission comments. Commissioner Limont said she has been out to Desert Willow three times in the last two days just to drive through and take a look at it. She noted that one of the things they weren't talking about were the vistas they are going to lose. The vistas are what make this desert what it is. If they take away the depth with which they see the mountains, they start to destroy the character of this desert. Even though when they do the buildings they can see the mountains in the distance, they lose the impact they have. It would be no different from what is seen on a boat when looking through a port hole as opposed to going out on the deck. Huge difference; same ocean. She had a real hesitation going from 24-feet twastories to 52 feet in height. She could appreciate that they've had to make changes with regard to the density, but going up in this desert was not the answer. She asked her colleagues if they are setting a precedence for future buildings and future densities. Commissioner Limont stated that there are a lot of things she likes about this plan, but with regard to Desert Willow, she was so proud of how hard the City has worked to create what they have out there to lose it would just be awful. She was somewhat saddened that in this valley they can't inspire an architect to attempt to bring out the things that are most wonderful about the valley. With regard to height, she really had hesitation. Commissioner Schmidt asked if Commissioner Limont would feel better if the fourth story was eliminated. Commissioner Limont said it was a good start. She would also feel a lot better if there weren't red sails all over the place. She didn't think of red sails when she thought of the dese�t. Even if they took the pafette of Palm Desert, or the Coachella Vafley, it is all muted. She pointed out that you can tefl immediately if there is a foreign plant because 10 MINUTES PALM DESERT PLANNING COMMiSSiON FEBRUARY 20. 2007 our greens are sage greens; grey greens. They are muted. ThaYs the palette we have here naturally. This didn't blend, it smacked with the red sails and height. Commissioner Schmidt said her feeling is that it is an excellent project and it is done beautifully. It was a pleasure looking at the presentation. She, too, drove around Desert Willow quite a lot in the last week and she was not totally impressed with Intrawest. She liked this project, but had trouble with the height. Commissioner Limont agreed the architecture is good. Commissioner Schmidt thought they could cha�ge the color of the sails. Commissioner Limont questioned why they needed sails. She agreed that it is good architecture, but the height is frightening. Commissioner Schmidt explained that part of the reason she asked about density and how far along they are on Parcel B was to encourage them to take away that fourth story off the "C" buildings. She could see her way to the three stories, which was approximately 37 feet. Commissioner Limont clarified that the three-story buildings start at 37 and then go up to 41.$, then to 52.2. Commissioner Schmidt said that 37 is the plane that seemed to stick in her mind as being acceptable out there. She agreed that there is no such thing as being a little bit pregnant. They either have taller buildings and allow them or they kind of put their foot down and say no more. That's a huge site which is being developed beautifully. The proposed project is good, but again, she thought it was too tall. Commissioner Tschopp didn't have a problem with the height and said he actually liked the tradeoff in height for less intense developments. One of the first siides showed what it would look like built at a lower level and they would basically get a very walled-type effect from the golf course and surrounding properties. From a view standpoint, he thought most people impacted by this are going to be people playing golf and no other surrounding citizens would be impacted by the height of these buildings. Given that, if the golf course operators have no problem with the height, he didn't. Really, they already set precedence with the Desert Springs Marriott. He indicated its height is 78- feet as compared to this one at 52-53 feet. The way it is set back, he didn't think it impacted much of a view either. You can't see over the top, but in this type of development, he didn't have a problem with the height because it would impact the people within the project and he liked not having the development just spread out completely into two-story type buildings throughout the whole project. There was a lot to be said about urbanization where they are trying to compact things and drive them up as opposed to flattening them out and running them out for miles like they have done for the last 50 years. 11 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 20. 2007 He liked the architecture; it looked like a very nice hotel-type design for timeshare and looked iike it would be a very upscale type of development. He liked the idea of transportation within the project. He thought the developer had given svme real thought on how to move people around and get the best use of amenities and he thought it would be a compliment to Desert W illow. Commissioner Tanner agreed. He thought the project before them was very well thought out and the transportation was great and hoped it would be electric. He said he was a little concemed about Building-type"C."They have 20 units and if they stayed within the °A" and "B" units and that height, he would be more inclined to say yes, keeping it at 41'8"at the highest point. He was concerned with precedence setting and if they go to site B and to other areas and start planning, he knew economics was driving this, but from a pla�ning standpoint they had to be concemed with the future of Palm Desert and maintaining the beauty of it. He didn't know what the economics would be to eliminate 20 units, but to him, eliminating 20 units from a 300-unit project didn't sound like it made that much difference. He said the project is gorgeous and he knows what they do and what they've done and has seen many of their projects. He was in favor with the elimination of the fourth story, Building C. Chairperson Campbell thanked the applicant for the great illustrations. She concurred with two of the commissioners with regard to the project itself. She didn't really have any problems with the height of Building C because they are strategically placed in the area and the buildings are clustered together; they weren't just spread out where all they would see is building and no landscaping. Also, because of the increased setbacks taking place on this project compared to the Marriott Shadow Ridge or even the Courtyard at the Marriott, the Courtyard had the height yet it was right there on Frank Sinatra and cars driving by are almost right in front of the building. As far as the rest of the project that was brought up in Site B, when that project comes before them they will have things to say about it and the heights of the buildings. She thought this project had beautiful architecture, would not impact any of the surrounding neighbors and would compliment Desert Willow. She was in favor of the project also as proposed. Commissioner Schmidt thought it was important to remember that if they remove the fourth story off of the five proposed "C" buildings, they wouid still be allowing 65 additional units instead of 85, so they were still allowing an increased density, but eliminated the height problem. It seemed like a good comprise. 12 MINUTES PALM DESERT PLANNING COMMlSSION FEBRUARY 20. 2007 Commissioner Tschopp didn't have a problem with the height or the number of units. He liked the concept of massing the height to keep other areas open and he was still in favor of the project as presented and moved for approval. Action: It was moved by Commissioner Tschopp, seconded by Chairperson Campbell,to approve the project as presented. Chairperson Campbell called for the vote. Motion failed 2-3 with Commissioners Limont, Schmidt and Tanner voting no. Commissioner Tanner made a motion for approval as delivered, with the exception of eliminating the top story on Buifding C so they consistently have A and B buildings throughout. They would be losing 20 units and he understood that. He for one could live with a height of 41.8 feet maximum because they are set back and the disruption would be minimal. It was moved by Commissioner Tanner, seconded by Commissioner Schmidt, approving the project as presented with the elimination of Building C. Commissioner Schmidt thought that the motion and second should be amended to word the conditions that no building in this project shaN exceed 41 .8 feet in height because that would give the architects and planners a chance to revise Building C without further restrictions other than the height. It wouldn't necessarily become a "B" building. She wouldn't want to restrict them to that. Commissioner Tanner agreed. The motion was so amended and seconded. Commissioner Tschopp asked if they were decreasing the density and increasing the intensity throughout the project or if they were just cutting back the number of units. Commissioner Tanner said his motion was to limit the height of the buildings presented to no more than 41.8 feet. There was flexibifity with the builder according to the amended motion. They were not eliminating Building C, only the height restriction on that building. Chairperson Campbell said that by eliminating that they were removing the whole top floor, so it would still be three stories and they would all look alike. She asked if they wanted to allow the applicant another building for the units being lost. Commissioners Tanner and Schmidt said no, that wasn't the intent. Commissioner Tschopp said that effectively they were decreasing 20 units and the height down to 41.8 feet maximum. Commissioner Tanner concurred. Commissioner Tschopp said he liked the original project, but wanted to give the developer some flexibility and hated to see it not move fonnrard. Commissioner Tanner noted that there was a motion and a second on the floor. Commissioner Tschopp clarified that he woufd probably need to vote 13 MtNUTES PALM DESERT PLANNING COMMISSION FEBRUARY 20. 2007 in favor of this to see the project move forward and give the developer some flexibility in that direction, although he liked the original project. Mr. Smith asked for clarification if it was their intention to approve a project with 20 fewer units or only put the height restriction at 42 feet on the development and if they could come back with a project that has maybe 10 fewer units, then they could live with that within the overall total, Chairperson Campbell said that was her question earlier. They don't want to eliminate all of those units, but if they do have a restriction on the height, they could still come out and have additional units. Commissioner Schmidt said that was fine with her as {ong as it was within the same footprints as proposed. Commissioner Tanner agreed that it gave them some flexibility. With that clarification, Chairperson Campbell called for a vote to that amended condition. Motion carried 4-1 with Commissioner Limont voting no. It was moved by Commissioner Tanner, seconded by Commissioner Schmidt, adopting Planning Commission Resolution No. 2435, recommending to City Council approval of Case Nos. DA 06-03, PP/CUP 06- 17 and TT 35426, subject to conditions. Motion carried 4-1 with Commissioner Limont voting no. C. Case No. ZOA 07-01 - CITY OF PALM DESERT, Appllcant Request for a recommendation to City Council for approval of an amendment to Chapter 25.15 Hillside Planned Residential District and Chapter 25.86 Public Hearings. Mr. Stendell reviewed the staff report and draft resolution. He asked for questions. Commissioner Tanner said he was in favor, but his concern was if there are any current projects that would be negatively affected if this amendment was approved right now. He asked if there were plans in place that this would alter from the ridge line. Mr. Stendell replied no. He said there was one application before them that was eventually withdrawn. He didn't believe this would directly affect anybody. For previous entitlements in Bighorn, none wouid be effected. Most of those homes would have fallen inta the section about house size and pad size and restoring that relationship; 35%. Most he takes through were 20-25%. He confirmed that they wouldn't have to go before the Planning Commission, just Architectural Review Commission for approval of anything over 35% lot coverage. 14 r ' Cf1Y 0 � � � li� DESERI 73-5�0 FRED V�ARll�3G I)RIVE PALM DESERT, CALIFORNIA 92260-25']S TEL: 76o 346—o6ti F�vc: 76o 34�-7098 info@pal m-deserc.o rg PLANNING COMMISSION MEETING NOTICE OF ACTION Date: February 21 , 2007 Sta�wood / WVC Rancho Mirage, Inc. 8801 Vistana Centre Drive, Suite 140 Orlando, Florida 32821 Re: DA 06-03, PP/CUP 06-17 AND TT 35426 39-500 Portola Avenue The Planning Commission of the City of Palm Desert has considered your reguest and taken the following action at its regula� meeting of February 20, 2007: PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF CASE NOS. DA 06-03, PP/CUP 06-17 AND TT 35426 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2435 AS AMENDED TO ALLOW A MAXIMUM BUILDING HEIGHT OF 41-FEET 8- INCHES. MOTION CARRIED 4-1 (COMMtSSIONER LIMONT VOTED NO). This item is tentatively scheduled for City Council public hearing on March 22, 2007. Please call if you have any qu tions. Step en R. Smith, Acting Secretary Palm Desert Planning Commission !tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal �����a���„� � �, PLANNING COMMISSION RESOLUTION NO. 2435 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM . DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO PP/CUP 96-28, AND DA 96-1 TO ALLOW THE CONSTRUCTION OF 300 (215 CURRENTLY ENTITLED) NEW TIMESHARE UNITS WITH A HEIGHT EXCEPTION FOR A 41-FOOT 8-INCH MAXIMUM ROOF HEIGHT, A 40,000 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: DA 06-03. PP/CUP 06-17 AND TT 35426 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 20h day of February, 2007, hold a duly noticed public hearing to consider the request by Starvvood I WVC Rancho Mirage, Inc., for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act", Resolution No. 06-78, in that the Director of Community Development has determined that this project has been previously addresseci 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 Planning Commission 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 o�dinance, 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, o�general welfare. 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. PLANNING RESOLUTIU�. NO. 2435 � � 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. TENTATNE 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 respe�tive 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 approvai 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 Califomia Energy Standards. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Dese�t, Califomia, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of DA 06-03, PP/CUP 06-17 and TT 35426 to the City Council, subject to conditions as attached. 2 � PLANNING RESOLUT1�N NO. 2435 { � PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20'" day of Febnaary, 2007, by the following vote. to wit: AYES: TANNER, TSCHOPP, SCHMIDT, CAMPBELL � NOES: LtMONT ABSENT: NONE ABSTAIN: NONE . /� �l C�e-�-.��,��%.�.�. SONIA M. CAMPBELL, Chairperson ATTEST: S EPHEN R. S H� A ng ecre ry Palm Desert Planning Commission � 'i . 3 PLANNING RESOLUTIU�_ NO. 2435 � ` CONDITIONS OF APPROVAL CASE NOS. DA 06-03, PP/CUP 06-17 AND TT 35426 Department of Communitv Develoament: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community DevelopmenUPlanning, 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, othervvise 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 tand 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. 4 ' PLANNING RESOLUT��.�� NO. 2435 � � 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. Deaartment of Buildins� � Safetv: 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 �re 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 Pa{m 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 g�ading 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/11A. 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 11A). A letter of interpretation, from the United States Access Board, is required to be submitted to the Department of Building 8 Safety prior to plan check submittal so we may determine how the project is to be reviewed. 6. The trash enclosures are required to be accessible. Please obtain a detail from the Dept of Building and Safety. 5 PLANNING RESOLUTI�_ NO. 2435 �� � 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 accessibte. 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 Califomia 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 pennit 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. 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. 6 ` PLANNING RESOLUTft,�� NO. 2435 � 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 tum 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. 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 Discha�ge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. 7 PLANNING RESOLUTIO�_ N0. 2435 �' ' Riverside Countv Fire Deaartment: 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 �re 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 connections. 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 2A108C extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 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. 8 ' PLANNING RESOLUT�t..�� NO. 2435 ( 12. 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". 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 shail a dead-end over 1,300 feet. 14. A second access is required; two main access points from a main roadway o� 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 per►nits are not obtained within twelve months. 18. All elevators shall be minimum gumey size. 19. Sprinkler systems shall be combined. Ground floor, second floor and attic shall comply with NFPA 13R. !/ 9 PLANNING RESOLUTIG.. NO. 2435 � AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment"), dated as of , 2006 ("Effective Date") is entered into by and between the CITY OF PALM DESERT, a municipal corporation (the "City") and WVC RANCHO MIRAGE, I NC., a Delaware corporation ("Starwood"). RECITALS This Amendment is entered into with reference to the following facts: A. City and Intrawest Resort Ownership Corporation, a corporation organized and existing under the laws of the Province of British Columbia, Canada ("IROC"), entered into a Development Agreement dated February 27, 1997 (the "DA"), which DA was recorded on August 29, 1997 as instrument number 315819 in the official records of the County Recorder for the County of Riverside, Califomia; B. The DA provided IROC with a vested right to develop certain real property in the City of Palm Desert ("IROC Property") as a resort club and time shares (the "Intrawest Project"); C. On or about October 12, 1998, IROC assigned and conveyed to Resort Ventures, L.P., a California limited partnership ("RV") all of IROC's rights, title, interest and obligations under and to the DA and all related project documents. D. On or about June 26 , 2006, RV sold to Starwood all of its rights, title and interest in and to that portion of IROC Property described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Starwood Property"), and the City gave its consent to the transfer from RV to Starwood of any and all rights and obligations under the terms of the DA to the extent that such rights and/or obligations arise from ownership of the Starvvood Property. E. On or about June 26, 2006, Starwood applied for and the City approved a conceptual master plan (hereinafter the "Starwood Master Plan") which provides for the development of 300 two-bedroom lockoff time share units in 18 two-, three-, and four- story buildings and a one-story sales/clubhouse facility of approximately 40,000 square feet, along with recreational amenities (hereinafter collectively referred to as the "Starwood Project"). F. City and Starwood now desire to amend to DA as it relates to the Starwood Property only, in the manner provided herein. G. City has given notice of its intention to adopt this proposed Amendment, has conducted public hearings thereon pursuant to Government Code Section 65867 and Palm Desert Municipal Code Ordinances Nos. 341 and 589, has taken action in accordance with the California Environmental Quality Act, and has found that the 10 � PLANNING RESOLUTI�t,nl NO. 2435 ( provisions of this Amendment and its purposes are consistent with the objectives, policies, general land uses and programs specified in the City's General Plan and any applicable specific plan. H The City, by electing to enter into this Amendment acknowledges that the obligations of the City hereunder shall survive beyond the terms of the present City Council members of the City, and that such action will serve to bind City and future Councils to the obligations thereby undertaken. I This Amendment and the consent of Starwood to each of its terms and conditions will eliminate uncertainty in planning and provide for the orderly development of the Starwood Property, eliminate uncertainty about the validity of exactions imposed by the City, and generally serve the public interest. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. As they relate to the Starwood Property, all references in the DA to the "Develope�' shall be references to WVC Rancho Mirage, Inc., a Delaware corporation . 2. As they relate to the Starwood Property, all references in the DA to the °Development Plan" shall mean the Current Development Approvals and the Current Land Use Regulations which control development of the Starwood Property and the description of the Starwood Project as set forth in the Starwood Conceptual Master Plan. 3. As they relate to the Starwood Property, all references in the DA to the "Project" shall rnean the Starwood Project as described herein and in the Starwood Conceptual Master Plan. 4. The fifteen-year Term of DA 96-1 dated 27 February 1997 as described in section 5 thereof, as it relates to the Starwood Property only, is hereby extended for an additional four (4) years beyond the term set forth in said section 5 of DA 96-1. 5. Subject to the terms, conditions and covenants of the DA, as amended hereby, and for the term of the DA as amended hereby, Starwood has a vested right to develop the Starwood Property in accordance with the Current Land Use Regulations and the Starwood Conceptual Master Plan. 6. The Starwood Project implements a land use plan for which a was prepared and certi�ed as City of Palm Desert Resolution on , and therefore, the provisions of the Califomia Environmental Quality Act have been met and satisfied. 11 ( ( PLANNING RESOLUTIQ�. NO. 2435 7. Except as specifically amended by this Amendment, the DA shall remain in full force and effect in accordance with its original terms and conditions, which are hereby restated and incorporated herein by reference. The foregoing notwithstanding, Starwood's obligations under the terms of the DA, as amended hereby shall be limited to those obligations which arise from or are related to the ownership and/or development of the Starwood Property only, and Starwood shall have no responsibility or liability for obligations arising under the DA which arise from or relate to any portion of the IROC Property not contained within the boundaries of the Starwood Property. Nothing contained herein shall be deemed to make RV and Starwood jointly and severally liable for their respective obligations under the DA as amended by this Amendment, but rather, RV and Starwood shall be liable for their respective and/or proportionate share of the liabilities and obligations as set forth herein, and a breach of this DA by one of said parties shall not constitute a breach hereof by the other said party. 8. Miscellaneous. 8.1 Notices. For purpose of giving notices and demands to Starwood in the manner provided in Section 20 of the DA, all such notices shall be addressed to Starwood as provided below: WVC Rancho Mirage, Inc. 8803 Vistana Center Drive Orlando, FL 32821 ATTN: General Counsel & Jorge Boone 8.2 Bindinca Effect. This Amendment shall bind and benefit the heirs, successors, and assigns of Starwood and the City, respectively. 8.3 No Waiver. None of the terms or provisions of this Amendment may be waived, altered, modified, limited, or amended except by an agreement expressly referring hereto and to which the parties to be bound consent in writing. 8.4 GoverninQ Law. This Amendment shall be govemed by the laws of the State of California. 8.5 Reliance on Counsel/Entire Aqreement. In executing this Amendment, no Party has relied on any inducements, promises, or representations by any other Party or its attorney, other than those set out in this Amendment. This instrument constitutes the entire, integrated understanding of the Parties with respect to the subject matter contained herein, and there are no other prior or contemporaneous oral or written agreements or understandings except as expressly set forth herein. 8.6 Severabilitv. Each and every provision of this Amendment is and shall be construed as a separate and independent covenant and agreement. If any 12 " PLANNING RESOLUTIv�� NO. 2435 � term or provision of this Amendment or the application thereof shall to any extent be held to be invalid or unenforceable, the remainder of this Amendment, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected hereby, and each term and provision of this Amendment shall be valid and shall be enforced to the extent permitted by law. 8.7 No Default/Waiver of Default. City acknowledges and agrees that as of the date hereof (i) they hereby waive any default under the DA which could affect Starwood, the Starwood Property or any of the obligations assumed hereunder by Starwood, and (ii) except as referenced in (i) above the City is presently not in default under the DA in any manner that would affect Starwood, the Starwood Property or any of the obligations assumed hereunder by Starwood, nor does any circumstance exist as of the date hereof which, with the giving of notice and/or the passage of time, would constitute such a default. 8.8 Execution in Counteroarts. This Amendment may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the day�and year first written above. "STARWOOD" WVC RANCHO MIRAGE, INC., A Delaware corporation By: its: By: �cs: "CITY" CITY OF PALM DESERT, a municipal corporation By: Mayor ATTEST: City Clerk 13 PLANNING RESO�UTIG.. NO. 2435 � STATE OF CALIFORNIA ) )ss COUNTY OF RIVERSIDE ) On , before me, the undersigned, a Notary Public in and for said State, personally appeared (known to me or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the sarne in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seat. STATE OF CALIFORNtA ) )ss COUNTY OF RIVERSIDE ) On , before me, the undersigned, a Notary Public in and for said State, personally appeared (known to me or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s} acted, executed the instrument. WITNESS my hand and official seal. 14 r r--- PLANNING RESOLUTIUN NO. 2435 EXHIBIT A LEGAL DESCRIPTION OF STARWOOD PROPERTY 15 � CITY OF PALM DESERT � � DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: Febn.iary 20, 2007 CASE NOS: DA 06-03, PP/CUP 06-17 and TT 35426 REQUEST: Recommendation to the City Council for approval of an amendment to PP/CUP 96-28, and DA 96-1 to allow the construction of 300 (215 currently entitled) new timeshare units with an height exception for a 52 foot 8 inch maximum roof height, a 40,000 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. APPLICANT: Starwood /WVC Rancho Mirage, Inc. 8801 Vistana Centre Drive, Suite 140 Orlando, FL 32821 I. BACKGROUND: A. PROPERTY DESCRIPTION: The vacant property is an irregular shape lot totaling 28.75 acres. The site is located within the Desert Willow Golf Resort and is zoned Planned Residential 5 dwelling units per gross acre (P.R.S). Desert Willow B. ADJACENT ZONING AND LAND USE: North: P.R.5 / Golf Course (18�' green and vacant property) South: P.R.5 / Golf Course (12�' green) East: P.R.S / Golf Course (14th & 15�' green and vacant) West: P.R.5 /Golf Course (13th, 16`h, and 17�' green) C. DESERT WILLOW AND DA 96-1, PP/CUP AND TT 28451: Desert Willow Golf Resort was o�iginally planned and constructed as a long- term economic tool for the City. The Master Plan, approved in 1994, provided for the development of a championship golf course, a resort course, a clubhouse, 600 timeshare units, a conference center, and four (4) hotels, two (2) around the clubhouse and two (2) at the southwest corner of Cook Street and Frank Sinatra, totaling 1,050 rooms. These potential improvements provide Transient Occupancy Tax (TOT) and tax increment dollars to repay the City's investment and provide ongoing revenue to the General Fund. � (� STAFF REPORT ' DA 06-03, PPICUP 06-17 AND TT 35426 FEBRUARY 20, 2007 The two (2) hotel sites on the southwest corner for Cook Street and Frank Sinatra has been developed with a Residence Inn and Courtyard by Marriot for a total of 281 hotel units. In February of 1997, the City Council approved a development agreement, a precise plan of design and conditional use permit associated with a tentative tract map to allow 61 buildings totaling 311 timeshare units for Intrawest Resort Ownership Corporation within Desert Willow. Intrawest built 55 units and is planning to build 41 additional units in the future, totaling 96 units. The development rights for the remaining 215 entitled units has been sold to Starwood who is proposing a new site plan and architectural design for 300 units, 85 more than the original approval. The new site plan, architectural design and additional units require an amendment to the originai approval. II. PROJECT DESCRIPTION: The applicant is requesting approval of a development agreement, precise plan/conditional use permit and a tentative tract map to allow the construction of 18 buildings totaling 300 units, outdoor amenities, a 40,000 square foot Villa Clubhouse and a total of 829 parking spaces. The project will be constructed in three (3) phases. Phase I will include the Villa Clubhouse and Buildings 1-5. Phase II will include the construction of Buildings 13-18 and Phase III will include Buildings 6-12. The applicant has prepared a draft development agreement that will give them a vested right to build the project as proposed. The agreement will extend the entitled project four (4) years beyond the original agreement approved in February of 1997. The original approval is for 15 years. The tentative tract map is a one-lot condominium map for the creation of the air space ownership associated with the timeshare development. A. SITE PLAN: A loop driveway provides the main entry and access to the project from Portola Avenue. An existing golf cart path will be relocated to go underneath the entry driveway through a tunnel. The main driveway leads to a drop off area in front of the clubhouse, and a second loop with an entry access gate to the timeshare. The access gate is located in front of Building #1 on the proposed site plan. Beyond the second gate the main road leads to the 18 buildings, parking areas, and to the Intrawest. The connection to Intrawest will provide secondary access for emergency vehicles only not for the timeshare users at Starwood. The site plan provides for 496,824 square feet of landscaping, which includes water features, steel and concrete walls, accent stone paving and curb, decorative entry gates and fabric sail structures. On January 17, 2007, the 2 �, �. STAFF REPORT � DA 06-03, PP/CUP 06-17 AND TT 35426 FEBRUARY 20, 2007 Landscape Beautification Committee reviewed and endorsed the proposed landscape design. Amenities: The project amenities includes a 40,000 square foot Villa Clubhouse, five (5) pools, two (2) tennis courts, a volleyball court, BBQ areas and pedestrian walkways. The timeshare users will also have the ability to use the Desert Willow Golf Course. The Clubhouse will include a market, a 1,900 square foot restaurant and bar, a 785 square foot kids club area, a 1,050 square foot workout room, two (2) pools, cabanas, and two (2) tennis courts. The two pools are separated between adults and children. The kid's pool includes a waterslide. The clubhouse will also include a lobby, sales office, restrooms, employee areas, and laundry service areas. The three (3) remaining pools, volleyball court, BBQ and pedestrian areas are distributed throughout the resort complex. Parking: The proposed site plan provides for a total of 829 parking spaces, of which 504 are covered. The parking around the clubhouse totals 227 spaces, 24 surface spaces and 203 underground. The remaining 602 spaces are organized in a series of cluster areas adjacent to the timeshare buildings. B. UNIT SUMMARY: The proposed site plan provides for 18 buildings totaling 300 units. There are three (3) building types that vary in size and height. Building A totals 21,854 square feet and varies between two and three stories tall with a 37-foot maximum roof height. The project provides for three (3) A buildings with 10 suites in each totaling 30 units. Building B totals 33,515 square feet and varies between two and three stories tall with a 41-foot 8-inch maximum roof height and a tower element at 43 feet high. There are ten (10) B buildings with 16 suites in each totaling 160 units. Building C totals 45,665 square feet and varies between three and four stories tall with a 52-foot 2-inch maximum roof height and a tower element at 52 feet 8 inches. There are five (5) C buildings with 22 units in each totaling 110 units. All suites are approximately 1,424 square feet to 1,434 square feet with a master bedroom, lockout room, kitchen, two (2) bathrooms and outdoor terraces. 3 . �'�� STAFF REPORT � ' DA 06-03, PP/CUP 06-17 AND TT 35426 FEBRUARY 20, 2007 C. ARCHITECTURE: The proposed architectural style can best be described as desert modern utilizing varying roof heights and massing, vertical and horizontal elements, low roof pitch, stone veneer columns, metal panels and facia, smooth stucco earthtone colors and decorative roof tiles. A materia{s sample board will be available for review at the public hearing. On December 12, 2006, the Architectural Review Commission (ARC) reviewed and approved the proposed building design. Commissioner Hanson, Architect, stated that the massing and varying roof heights for the multiple stories was well designed. III. ANALYSIS: The following table compares the Planned Residential (Section 25.24) development standards with the proposed project. The table also compares the proposed project with the Intrawest and the previously approved plan Master Plan for Desert Willow. Project Area 10ra nres 2$ 75 15.65 503 acres 5 units 2,515 allowed Density per acre 300 units 96 units /1,650 units a roved Perimeter 370 feet 350 (Portola) 500 Setback 20 feet (Clubhouse/Portola) �Country Club) N/A 800 feet Count Club Building 50% 24% 14% N/A Covera e Building 20 feet 20 feet plus 20 feet plus N/A Se aration Open Space 40% 42% 51% N/A Height 24 feet 52 feet 8 inch max 24 feet N/A Parking 806 829 560 N/A *Section 25.24.310, Exceptions, states that development sfandards may be modi�ed by an approved development plan. Except for the proposed building height the project complies with all the development standards of the Planned Residential Zone. 4 STAFF REPORT ( � � � DA 06-03, PP/CUP 06-17 AND TT 35426 FEBRUARY 20, 2007 Building Height: The appiicant is requesting approval of three and four story buildings with roof heights varying between 37 feet and 52 feet 8 inches. Section 25.24.310 of the Planned Residential zone allows the City to grant an exception to the 24-foot maximum roof height. This exception has been granted for other hotels and timeshare projects. For example, Desert Springs Marriott was approved at 78 feet, the Courtyard by Marriott was approved at 47 feet with a 55-foot entry tower, and Marriott Shadow Ridge was approved at 36 feet. Generally, these projects were approved due to increased setbacks from public streets minimizing visual impacts and superior architecture. The site plan indicates that the closest timeshare building (#10) to Portola Avenue is setback 570 feet and the closest building to Country Club Drive is setback approximately 800 feet. At Shadow Ridge the closest building is 100 feet from Monterey, 470 feet closer than the proposed project. The large setback will minimize visual impacts from Portola Avenue and Country Club Drive. Also, the proposed location of the timeshare buildings is setback over 1,000 feet from the Desert Willow Clubhouse. The large setbacks will minimize view impacts from the clubhouse. In addition to the large setbacks, the buildings are designed with varying roof heights and a low roof pitch to minimize the visual impacts. The Architectural Review Commission granted approval of the design based on the varying rooflines and massing stating that the design was handled well. Based on the architecture and large setbacks, staff recommends approval of the height exception pursuant to Section 25.24.310. Density: The Desert Willow Master Plan provides for 600 timeshare units. Intrawest was previously approved for 311 units. Intrawest has constructed 55 units and plans on building 41 more totaling 96 units. Starwood has purchased the development rights to the remaining 215 units and is requesting an amendment to add 85 units for a total of 300 units. Approving the 85 additional units for Starwood with IntrawesYs 96 total units brings the total number of timeshare units to 396. The project is consistent with the app�oved Master Plan. IV. CONCLUSION: The proposed site planning and architectural design effectively accommodates the 300 units and will provide future timeshare owners with a high quality resort environment. The proposed density and building height was strategically placed in this location to minimize visual impacts from outside and inside Desert Willow. Approving this project as proposed will benefit the City by providing tax revenue to the Gene�al Fund and by lessening the need for a five-story hotel adjacent to the clubhouse thereby preserving a high quality golf experience at Desert Willow. 5 STAFF REPORT <. � ' DA 06-03, PP/CUP 06-17 AND TT 35426 FEBRUARY 20, 2007 All the findings of approval for the precise plan, conditional use permit and tentative tract map can be affirmed and are described on pages 1 and 2 of the draft resolution. V. ENVIRONMENTAL REVIEW: A previously approved and certified Environmental Impact Report (EIR) for Section 4 ana{yzed the impacts for 600 units. With the additional 85-timeshare units for Starvvood the total approved timeshare units will be 396 units. All mitigation measures identified in the EIR that are relevant to this project will be imposed as conditions of this project. No further CEQA documentation is necessary. VI. RECOMMENDATION: That the Planning Commission adopt the findings and adopt Planning Commission Resolution No. , recommending to City Council approval of DA 06-03, PP/CUP 06-17 and TT 35426, subject to conditions attached. VI1. ATTACHMENTS: A. Draft Resolution B. Legal notice C. Draft Development Agreement D. Comments from other departments E. ARC Minutes F. Plans and Exhibits Prepared by: Tony agato Acting Plan ng Manager Reviewed and Approved by: S ve Smith Homer Croy Acting Director of Community Development ACM of Comm ity Development 6 �02/09/2007 12:04 9494746189 MDR ARCHITECTS PAGE 02 M .._ . . � - u�` •o D;m... .ue-va-eua� ..^..__ 2/J — f � avR�r�� ��, �All��all� �67s��d�c�Cc.A 9�6�0` "'1�'!iir�qr ol�ae(no13�s�e �(7��� P.s(16�j SIa� i oon, . �►u.L��RVs I.L'j'j�R �+�rY OR,�009 Md�r�',l�eolo�et�1tvd�A�1eot�,lay. Atm Pipac A.Vip�,AU► 16Z07 M'aDunaatt F.ast, �te A livio�CA 9�61, ' 1t8 canp�c�.m■w�r wwc DoMec wiba R.�ort Vi�,p�,p�a Dwr Irt�Vi1�� T�r��vo�rao�Bueeteo Wara aod�cy�&rvloet�bout tbs aeNr P�bm D�rt pnjeat.I �s+awi��b��eo14r wo�d�deraiopa�es�0 d�t G�ljr. A�e�ait�wrr dr Mi�rn a[!h�lowr�lwri 1aisCioa dt�COo�por�I 11M dOi�iDOd th�t Hu�1�1�C Waia wwi111�etvio�t6o�it w�spe rop�Raeri� iT' �ns t!N�aat dtlie�do�a+a 'I1w�i�alw� r.oatomdreioo d t+ro 4oJ►teopde hi�r b tb �� �yr� ��t d�e r�olaM 6ios doM��M a�rb oom:wri�1�r��looai�l trpy�js p�p��m � 1st�rwriwir dt�r V81u�I i�e�alouYWd tlrt d�IbBo�i�tnrh�tlioy�bis�c+t e�rded: Bldp l�2 c�a�w aas�,o„�q��,��Y�ta�owmmod�q 7.�j p��/�y,�� P�r�rlt. . 9�a1��a,�w��+.�n..owiu�+e.�th�ou�►�cy►wa�to aow�mnoa�t.�0.64 ry ot a�6Mo�►ol�Pr wwk. H1dRs S a� 6 an,�..�.�o�o,���„�'�►�m�odt�8.96cy af a�F�s �� li4�p 7,��9 an�hrr�a w�3ow�whp�ou��oY��i000�oso�d�te 1S.1�►ot' t�i�l+�^�Pr wrwk F�Idp 10 rt 11 c�awre�a wc�oa�n with epp���,7�,q po�o�o0dt�a A.96cy o� tcarM/nv�►cw p�r�r�lt, �n�o!►��per wMlc. a m�clowar w►itb wio��h M,7 bin�to raootamodau 4.S�iy of Received Feb-08-07 11:2Tem From-84B4�48188 To-CITY OF PALM DESERT Pas� 02 '02/99/2097 12:04 94947481$9 MDR ARCNITECTS : � PAGE 03 , ^ � � .... .._ . ..� ( . . _^ .. _.... - ._. H1d�s l�t l s c��h�re aR OaUW1ue wlt�l�ao��h'{�►bitU lo acooin'umoclaa 10,6aoy ot �����c�a�btrs pt�I�p�p w�aaou ���!'de P�wak. ��Y bir�to�000�a�od� 13.44ry of ff�'�0�' �1° i°D�9� ar r�eed �qy ad�c� � �� �i ��o oo�ct me �t tbe p�+o+M a�t�r�bo�w, r,p��eio�M oai your n�r p�qj�t! . � K 9a4do�3oli Caa�oa R�� CC:Vi��c—P�Daert PIam�L�I�pt Reoaivad Fab-09-07 11�27a� From-A4A474818C To-CITY OF PALM DESERT Pase 03 r �/ (' . CITY OF PALM DESERT � �� ► � LANDSCAPE BEAUTIFICATION COMMITTEE � � ; � MINUTES � January 17, 2007 at 11:30am Public Works Conference Room I. CALL TO ORDER Spencer Knight convened meeting at 11:30am II. ROLL CALL Dick Kelly, Council Member Bob Spiegel, Council Member Carlos Ortega, City Manager Mark Greenwood, P.E., Director of Public Works Spencer Knight, Landscape Manager Diane Hollinger, Landscape Specialist Janis Steele, Parks and Recreation Manager Steve Smith, Acting Director of Community Development/Planning Tony Bagato, Assistant Planner Connor Limont, Planning Commission Lauri Aylaian, Redevelopment Laura Martin, EGroup Arne McRadu, EGroup Bertha Gonzalez, Sr. Office Assistant III. ITEMS OF BUSINESS J� A. Starwood @ Desert Wiliow 1. Presentation by Arne and Laura of EGroup ■ Purchased a number of parcels at Desert Willow on June 2006 ■ Arne and Laura gave a presentation of the main features and amenities of the project ■ Entrance is on Portola with a water feature and round earth walls; desert brown color entrance way has some fountains with block design. Entry gates to timeshares; parking lot to main building is hidden by the landscape ■ Rest area for the golfers will be relocated ■ Phase timelines: Clubhouse and amenities are in the 1St phase and 45 to 50 units will be built per year ..\..\Handouts\2007 Handouts\O1-17-07 Starwood- Westin Desert Willow Resort Villas.pdf ,��� , A � Landscape Beautification Committee Minutes 2/6/2007 2. Concerns: ■ Is the water feature dramatic enough attract the attention of buyers? According to Ame, yes. ■ Richard Kelly does not like palm trees to be very tall. ■ There needs to be a direct way to the Desert Willow Clubhouse. ■ Concerns with features presented being lost when project goes to construction. According to Arne and Laura, they don't believe they will be lost 3. Motion to proceed B. CVWD Water Conservation Programs 1. Curbside Sprinkler Rebate Program ■ Smaller of the two programs ■ Country Club Drive — Take out turf 24" back from curb and install cobble, decomposed granite or sub-terrain irrigation ■ Cost up to $20,000 ■ It will assist the Homeowners Associations in solving their nuisance water problems 2. Time of use Water Meters ■ CVWD wants to reduce water usage by 10% by 2010 ■ City of Palm Desert's goal is to save energy by 30% in 5 years ■ Preliminary program — cannot be implemented on new construction because it is not a proven fact ■ Partners are ACWA, City of Palm Desert, SCE, CVWD, Water and Energy consulting for an 18 month study to start in May 2007 ■ Program includes water base appliances not used from 12:OOpm- 6:OOpm; Water yard @ night; Fix leaks quickly; Adjust sprinklers if outside of ET range; offer incentives ■ Looking for$50,000.00 from the City to test project Motion to approve C. Recycle Trash Cans for EI Paseo 1. Replace trash cans on EI Paseo with Recycle Trash Bins ■ Recycle trash cans are working very well in the park ■ The design of the recycle trash bin was not liked. Recommended to look for other designs, if not keep current trash cans ■ Suggestion to separate recyc{able materials after trash has been collected ..\..\Handouts\2007 Handouts\01-17-07 Recentacles.pdf BeRha Gonzalez Page 2 Finalized 2/6�07 G:IP/anninglTony BagatolWad F�7eslFamatslStalliepoRs1PP106-17 Westen Desert WdbwlLandscape Beautification Minufes 01-77-07 doc „ .,,�.„� �.,...,,��.. ...,.,��..�... ua �u.c�e ni �[-uo-cuu� t�L �. .._ • ---- . . . __. --- - /._ _ , . _. � � BURR'1`EC �`��`�`p�'�� con�aon xe�m.eet�d.� 41-575 Frkctic St�et MMR�i l�.'nZ/I�� Pohn De�ert.CA 92'L60 "�'�j�(`,/r Qf j� Offue(76(n 324-b918 cen(760)27�5-4448 F�(760)340-2732 jsalcic�esect.com WILL SERVE LETTER Febn�aty 08,2007 Melzer,Deckert&Ruder, Architects, Inc. Attn Piper A. Villegas, AIA 18207 McDurmott East, Suite A Irvine CA 92b14 xE:comp�e�or aooess for wesc ne�t v�r,�w Resorc vinas,Pa�n ne�t,ca Dear Ms. V'�s: T'hank yau for c�ornac�g Burrtec Waste aod Recyc�ing Servioes abart the new Pahn De�t project. I am sure rt will be�wo�!'W developme�t to the City. After going over the p�ens of the bwar level Iocation of the�or,I have detamined that Buntec Wast�w�! service the tmit with the slope sta�rting 17' finm tl�e fiv�of tlie e�closui�e. T'hene is aisa a c'evom�atioa af tw�u 4cy recyck ba�a in the imnaediste vicimty of the conn�tor. Having the rocycle bins close to th�t�sh container is vital for a�ooe�'ul recycie pmgam. If you have a�ry qu�tions a ��eed any additio�sl i�'aa�ation, please feel froe to contact me at the ptrone n�above. Cvngtatula�ians�yau new ptojectl Su�ndY, J � , L..... � �” `-' er�K 5alciaioli C,ac�rudion R�tative CC: �a fax—Palm Desert Planning Dept . � � CITY OF PALM DESERT INTEROFFICE MEMORANDUM TO: Department of Community DevelopmenVPlanning Attention: Tony Bagato FROM: Phil Joy, Associate Transportation Planner SUBJECT: TT 35426 (PP 6-17) WVC Rancho Mirage Inc. Desert Willow Timeshare DATE: January 31, 2007 The following should be considered conditions of approval for the above-named project. GENERAL REQUIREMENTS 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 landscaped 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. BONDS AND FEES 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 fee shall be paid prior to issuance of grading permits. DESIGN REQUIREMENTS 6. Any entry gates shall be set back 100 feet from extended curb line of Portola Av. 7. Complete tract map shall be submitted as required by the ordinance to the Director of Public Works for checking and approval prior to the issuance of any permits. 8. 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. 9. Driveways, drainage and pad heights shall be designed to serve this project in accordance with Desert Willow improvements. � ��. 10. Complete grading and improvement plans and specifications shall be submitted to 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 are subject to review and modification in accordance with Chapter 26 of the Palm Desert Municipal Code. 13. Landscape installation 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 Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards including: . Construct interim median at project entry on Portola Avenue to eliminate exiting left turn movements. . Construct deceleration lane as shown and modify sidewalk 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. CONSTRUCTION REQUIREMENTS 16. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be 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 Public Works . 18. 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. 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. Developer must contact Riverside County Flood Control District for informational materials. ���� Phil Joy .. • , �, �µ1fOHNt.1 RIVERSID� ,.:OUNTY ' Q'�F��PROi C�E�Ny � FIRE DEPARTMENT � ► � f J+`'��c��.�. � In cc>c��,�riiCl(1l1 \VlCll C�IC C,alifornia Deparrnient c�f Furesrry <�ncl }�ir� L'rut�•�ri�>i� � � 210 West San Jacinto Avenue • Perris, California 92570 • (90J) 940-6900 • FAX (�OJ) 940-6910 nn MIMINIIi 'fom Tisdale Fire Chief Cove Fire Marshal's Officc 73710 Fred Waring Drive#102 Proudly serviny the palm Desert CA 92260 unincorporated areas of Riverside (?b0)346-1870 County and the cities of: Banning TO:'�Givl..� `'�Z-.�-���i,'�C� DA'Tr: 1 p�1��J`G� 4 4 Beaumont ° REF: '� l�� e�(a-�� Calimesa �6 Canyon Lake If circled. conditions an�lv to �roiect �i CoacheNa � �'� With respect to the conditions of approvat regarding tl�e :�bovc Dese�t Hot Springs �' reterenced ro'ect, the fire de artment recommends the followin�; fire y P J p Indian Wells protection measures be provided in accordance with City Mu��icii�:�l ° Code, NFPA, CFC, and CBC or any recognized Fire Protection Indio ,. Standards: Lake Elsinore The Fire Department is required to set a minimum �rc ilow i'or �lic y remodel or construction of alt buildin s er L1FC :�rticle 87. La Quinta , 2.; A fire flow of 1500 gpm for a 1-hour duratian at 20 psi residu:�l Moreno Valley pressure must be available before any combustible m:�terial is nl;�ced y on the iob site. Palm Desert r.• Provide or show there exists a water system capahle of providin� :i Perris gpm flow of: � 3, 1500 m for sin le famil dwel{i�ti s Rancho Mii age gP $ Y g � 2500 gpm for multifamily dwellings San Jacintu 3000 Qpm for commercial buildings -�- GL��uous� Temecul,, The required tire tlow shaU be available from .� wct barrcl �up�•r Hydrant (s) 4"x 2 '/:" x 2 'h", located not less than 25' nor morc th:�n: 6. 200' from any portion of a single family dwcllin� mc�su�•eci vi:i Board of Supervisors vehicular travelway �? 165' from any portioa of a multifamily dwellin� mcasurcd vi:� Bob 8uster vehicular travelway District 1 � 150' from any portion of a commercial building measured via �ohn Tava9lione vehicular travelwa� — CLv�'c��.-'ys—�.—� District 2 � Water Plans must be approved by thc Fire Marshal and includ� Jim Venable verification that tfie water system wil{ roduce the required fire ftow. District 3 � 10. Please be advised the proposed project may not be feasible since tlie R°y w"�" existinE water mains will not meet the reauired fire tlow. o�s<<���4 - Tom Mullen District 5 . - . ` � ,- 11 lnstall a complete NFPA 13 fire sprinkler system. This :►p��fics to :�II � buildings with a 3000 square foot tot�l cumulative floor ;�rea. `i'l�e I�ire Marsha! shall approved the locations of all post indicator v:�lvcs :��ici fire department connections. All valves and connections st�all ��ot be less than 25' from the building and within 50' of an :►pprovcci h drant. Exem ted are one and two famil dwellin s. 2 Ail valves controlling the water supply for automatic sprinkle�• systems and Water-flow switches shall be monitoreci and :il:�rmecl (�er CBC Chaater 9. (� install a fire alarm system as required bv the lIi3C Cl��nter 3. 14� install portable fire extinguishers per 1�1�PA 10, hut not less tt�u« c►��c 2AlOBC extinguisher per 3000 square feet and not over 7S' w�►Iking distance. A "K" type fire extinguisher is required in all comme��ci:�l kitchens. Install a Hood/Duct automatic fire extinguishing system ��er NI�1'A 96 in all public and private cooking oper tions except single-firmily residential usa�e. � ��i��z� �U, t+�h�sP_ 16. Install a dust collecting system per C�C Chapter 7C, if conductin�; an operation thAt produces airborne narticles. 17 All building shall be accessible by an all-weather ro:�dw:�y exte�i�iin� to within 1S0' of all portions of the exterior walls of the first sto�y. The roadway shall not be less than 24' of unobstructed widif� :�nci 13' 6" of vertical clearance. Where parallel parking is requireci on both sides of the street the roadway must be 36' wide anci 32' wid� with parking on one side. Dead-end roads in excess of l50' shall l�c provided with a minimum 45' radius turn-around SS' in inciustri:�l developments. 8,' Whenever access into private property is controlled throi�gh use c�l' gates, barriers or other means provisions shall be m�de to inst:�D :� "Knox Box" key over-ride system to allow for emergency vef�icle access. Minimum gate width shall be 16"with a minimum vertic:►I clearance of 13'6". 1 . A dead end single access over 500' will require a secondary ;icce•ss, sprinklers or other mitigative measures approved by the fire Marshal. Under no circumstance shall a de�d end over 1300' I��� accepted. . . �. f. r � A second access is required. This can bc accom��lisl�ed by two main access poinis from a main roadway or an cmergency �:ttc from :in adioininQ development. 21. This project may require licensing by a state or county a�;cncy, tu facilitate plan review the applicant shall prepare and submit to tl�c Fire Marshal a letter of intent detailing the proposed ��sa�c ancl occu anc e. 2 All buildings shall have illuminated addresses of a size :lpproveci by the ci . 23,� All fire sprinkler systems, fixed fire suppression systems and .�larn� plans must be submitted separately to the f ire Marshal for a{���rc►v:�! rior to construction. 2' Conditions sub,ject to change with adoption of new codes, ordin.�nc�s, laws, or when building permits are not obtaincci within twclvc months. 25 All elevators shall be minimum Qurnev size. � All questions regarding the meaning of these conditio��s should bc rcfc�•rrci to the Fire Marshal's Of�'ice at(760)346-1870 in Palm Desert. Location: 73710 Fred Waring Drive#222, P�Im Desert CA 922G0 Other: c `� t v.�z� � � i r� 1 1'� b i � S � Yr�l i'L�. kJ'F�A l'�.. Sincerely, David A. Avi{a Fire Marshal � i � � � ���`� CITY OF PALM DESERT � � BUILDING � SAFETY DEPARTMENT INTEROFFICE MEMORANDUM To: Tony Bagato, Acting Planning Manager From: Sam Szymanski, Senior Plans Examiner Date: February 5, 2007 Subject: PP CUP 06-17 I have reviewed the information provided and have the following comments: 1. The project must conform to the current State of Califomia 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 11 A and ADA. However the timeshares may be viewed similar to hotels by the Federal ADAAG guidelines (similar to CBC Chapter 11 B) and as oocumeon . ; I �, ( condominiums under the State (CBC Chapter 11A). 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. 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. oo��me�n ' ( r PALM DESERT POLICE DEPARTMENT Served by the Riverside County Sheriff s Department �` Bob Doyle, Sheriff-Coroner - 73520 Fred Waring Drive Palm Desert,CA 92260 (760)836-1600 Fax(760)836-1616 December 19, 2006 City of Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, California 92260 ATTN: Tony Bagato, Associate Planner RE: Plot Plan/Cup 06-17 Thank you for the opportunity to comment on the precise plan/Conditional use permit to build 300 timeshare units and a 40,000 square foot Villa Clubhouse. The property will be located at 39-500 Portola Avenue, within Desert Willow Golf Course. Pre-Construction & Construction Phases: Concerning the construction on the parcel there should be a temporary chain link fence around the entire construction site. The valuable material and equipment at the construction site should be protected from theft and vandalism. I recommend a 6-foot high temporary chain link fence be erected around those areas. I would also recommend that a list of serial or license numbers of equipment and vehicles stored at this site be maintained at the builder's nearest office. This will allow Sheriff's personnel to obtain these numbers immediately for repoRing and recovery purposes. The builder's name, address and telephone number should be conspicuously posted at the construction site. Visibility into the construction site should not be blocked. Temporary lighting of sufficient wattage to illuminate the presence of any person on the site during the hours of darkness should be provided. A trespassing authorization letter should be completed by the builder and kept on file with the Sheriff s Department for possible future prosecution of trespassers. Addressin�• Addressing numbers should be minimum height of 12 inches and illuminated during the hours of darkness. I also recommend the address numbers be painted on the roof of the building with 3' to 4' black or contrasting colors. This will assist law enforcement observers or air ambulances crewmembers in identifying the locations quicker in the event of an emergency. The addressing numbers should also be very visible from the main streets of the buildings for a quicker response of assistance. � �- ��" ' Alarm Service: An alarm service is recommended for the buildings constructed on these parcels. An emergency contact record should be on file with the alarm company and the Riverside County Sheriff's Department, identifying persons who are available to respond to the buildings in the event of an emergency. Private Securitv: A private security company should be utilized during the hours of darkness to patrol the fenced in construction site. The patrol could start at about 10:00 PM at night and end at about 5:00 AM when construction begins. That patrol would help in deterring people from entering the construction site without permission and reduce the occurrences of theft and vandalism. Doors: I recommend adequate security hardware, such as single cylinder dead-bolt locks, should be installed. Glass doors should have decorative wrought iron or metal backing to prevent burglars from breaking the glass and entering the buildings. Overhead roll-up doors should be secured from the inside by a cylinder lock or padlock, which cannot be defeated from outside the door. Windows: I recommend windows and glass doors contain rated burglary-resistant glazing or its equivalent be installed. The window type that attached to the frame is recommended. Absent any fire or building codes that require windows on the side or rear of the buildings,I recommend that windows only be constructed in the front of the buildings. Roof Access: The design for access to the roof should not have exterior ladders, equipment, or landscaping (i.e. trees) that can be used by unauthorized persons to climb up on the roof. Additionally any roof top vents should be reinforced with burglary resistant material in accordance with current fire and building codes. Post Construction & Proiect Completion: Li�hting. In the interest of the property owners, public safety and Sheriff s Department, I make the following recommendations. The monument signs should be well lighted during the hours of darkness. The parking lot area, driveway, sides of the buildings, recesses and grounds contiguous to buildings should be provided with lighting of sufficient wattage. They should provide illumination to make clearly visible the presence of any person on or around the property during the hours of darkness. All exterior doors should have their own light source that will adequately illuminate entry/exit areas at all hours in order to make any person neaz the door clearly visible. Provide adequate illumination for persons entering and exiting the buildings. Parking Lot: I would recommend the installation of handicapped parking stalls in accordance with prevailing Riverside County and California State Building Codes. Also, specifically marked parking spaces for company officials should be eliminated. This reduces the ability of potential robbers or kidnappers identifying high profile executives. Pay Phones could be installed throughout the location with illuminating light to help individuals that don't use or have access to a cellular phone. ,' �. � . ' Graffiti Prevention: The surface of walls, buildings, logo monuments, etc...should be covered with graffiti resistant surface composition, applied paint andior shielding by defensive landscaping or plants. For example, plants with thorns or stickers. Landscanin�: Landscaping should be of the type and situated in locations to maximize natural surveillance of the property while providing the desired degree of aesthetics. CCTV Surveillance• A digital CCTV surveillance system should be utilized to monitor areas on the property where cash or credit card transactions occur. I wauld recommend the CCTV system be of such quality that persons may be identified through direct viewing or later review of the recording system. Trash Bins: I recommend trash bins be enclosed and locked to prevent entry by unauthorized persons. Employees can access a key to open locked enclosures and bins. Fencing/Barriers: Whenever possible,open fencing design such as wrought iron, tubular steel, or densely linked and heavy-posted chain-link should be utilized in order to maacimize natural surveillance while establishing territoriality. Other barrier considerations include decorative cement planters, access contro]to high valued storage areas, locked cages, rooms and safes to store valuables. Emergency Notification: As these developments are completed and prior to the City of Palm Desert Planning Department granting occupancy,we respectfully request the occupants provide the Riverside County Sheriff's Deparhnent and the Fire Department information regarding emergency notification. If you have any questions regarding this report and my recommendations, please call me at the office (760) 836- 1627. If the developers or builders have any questions, I will consult with you so you can provide them with the answers. Respectfully submitted �' � �'...�_ bfficer James P. Costello Palm Desert Police Department r �, INTEROFFICE MEMORADUM City of Palm Desert TO: TONY BAGATO, ASSOCIATE PLANNER FROM: FRANKIE RIDDLE, DIRECTOR OF SPECIAL PROGRAMS SUBJECT: PP/CUP 06-17 DATE: DECEMBER 7, 2006 The precise plan has been reviewed to determine the need for a bus shelter/stop at the project location and inclusion of required trash/recycling enclosure for each project. Bus Shefter: After reviewing the Precise Plan, it has been determined that this project will not be conditioned with a requirement for a bus shelter and turnout. Trash Encfosures: The plan does appear to reflect trash enclosures. However, the plan must provide for trash/recycling enclosure(s) that are consistent with the Pa1m Desert Municipal Code. The construction of trash enclosures shall be consistent with PDMC, Chapter 8.12. Waste Management of the Desert must review the plans for circulation pattem to ensure sufficient space exists for the trucks to service dumpsters, orientation of trash enclosure(s), and that adequate trash capacity exists for complex/business use(s) prior to final approval by the City. The Applicant may contact Jennifer at Waste Management of the Desert at (760) 340-6445 regar ing this issue. FRANKIE RIDDLE DIRECTOR OF SPECIAL PROGRAMS cc: Mark Greenwood, Director of Public Works Amir Hamidzadeh, Director of Building and Safety C" t... CITY OF PALM DESERT �1�'�� � � ART 1N PUBLIC PLACES INTEROFFICE MEMORANDUM • RECEIVED ��_� t �z�s To: Tony Bagato, Associate Planner ;p��UNITYDEVELOPMENTDEPARTMENT CPfY OF PALbI DESERT From: Deborah Schwartz, Public Art Coordinator Date: 12/8/06 Subject: Case No. PP 06-17 The Art in Public Places Department recommends that the public art fee for case number PP 06-17, three hundred (300)timeshare units and a forty thousand (40,000) square feet villa clubhouse totaling 670,449 square feet located at Desert Wiltow, be used for an onsite public art project. We estimate that the total fee is at minimum $201,000 and feel that this amount will allow for an appropriate public art project. a � WATE/� C � ESTABLISHED IN 1918 AS A PUBLIC AGENCY ��ST��c� COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058•COpCHELLA,CALIFORNIA 92236•TELEPHONE(760)398-2651•FAX(760)398-3711 DIRECTORS: OFFICERS: PETER NELSON,PRESIDENT STEVEN B.ROBBINS, PATRICIA A LARSON,VICE PRESIDENT GENERAL MANAGER-CHIEF ENGINEER TELLIS CODEKAS MARK BEUHLER, JONN W.McFADDEN ASST.GENERAL MANAGEFi RUSSELI KITAHARA December 27 2006 JUIIA FtERNANDEZ,SECRETARY � DAN PARKS,ASST.TO GENERAL MANAGER REDWINE AND SHERRILL,ATTORNEYS RECEIVEDF�'e: 0421.1 ��r.� � � 1�7 0721.1 Department of Community Development City of Palm Desert �oMMUNITYDEVELppMENTDTP,�T�ENT 73-510 Fred Waring Drive CITY OF pAL11{pF.SER1, Palm Desert, CA 92260 Gentlemen: Subject: Precise Plan Ob-17, Cup 06-17 This area is designated Zone C on Federal Flood Insurance rate maps which are in effect at this time by the Federal Emergency Management Agency. Since the stormwater issues of this development are local drainage, the District does not need to review drainage design further. The District will furnish domestic water and sanitation service to this area in accordance with the current regulations of this District. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. The District will need additional facilities to provide for the orderly expansion of its domestic water and sanitation systems. These facilities may include pipelines, wells, reservoirs, booster pumping stations, lift stations and other facilities. The developer will be required to provide land and/or easements on which some of these facilities will be located. These sites shall be shown on the tract map as lots and/or easements to be deeded to the District for such purpose. The District requires restaurants to install a grease interceptor, including a sample box, sanitary tee and running trap with cleanout, prior to any discharge to its sanitation facilities. The size of the grease interceptor will be determined and approved by the District. Installation of the interceptor will be inspected by the District. The District requires laundromats and commercial establishments with laundry facilities to install a lint trap. The size of the lint trap will be determined and approved by the District. Installation of the lint trap will be inspected by the District. TRUE CONSERVATION USE WATER WISELY ,� , � (. Department of Community Development 2 December 27, 2006 City of Palm Desert Plans for grading, landscaping and irrigation systems shall be submitted to the District for review. This review is for ensuring ef�icient water management. If you have any questions please call Scott Schedell, Stormwater Engineer, extension 2266. Yo rs, ly, Mark L. Johnson Director of Engineering cc: Jeff Johnson Riverside County Department of Public Health 82-675 Highway 111, CAC Building, Second Floor, Room 209 Indio, CA 92201 SS:ch\eng�sw\06�dec\precise plaan 06-17 050604-2 COACHEILA VAILEY WATER DISTRICT . / 1 ( � CITY 0 � rfll �l D � SER1 ' 73-510 FRED WARI:JG DRIVE I PAL�( �ESERT, CALIFORtiIA 92260-2578 , TEL: 760 346-06>> ; FAx: 76o 34�-7oq8 � infoC�palm-desert.org December 13, 2006 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: PPiCUP 06-'iT APPLICANT (AND ADDRESS): MDR & ARCHITECTS, 18207 McDurmott, Ste A, irvine, CA 92614 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of 300 time-share units and a 40,000 square foot clubhouse; Westin Desert Willow Resort Villas. LOCATION: 39-500 Portola Avenue ZONE: PR-5 Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission granted approval by minute motion. Date of Action: December 12, 2006 Vote: Motion carried 4-0-1-2, with Commissioner Oppenheim abstaining and Commissioners Lopez and Vuksic absent (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. CONTINUED CASES: In order to be placed on the next meeting's agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. ;�remo o.nnr.to rw� � ( _ ARCHITECTURAL REVIEW COMMISSION MINUTES December 12, 2006 4. CASE NO: PP 06-12 APPLICANT (AND ADDRESS): ADAMS-BERARDO, P.O. Box 12253, Palm Desert, CA 92255 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of three (3) unit apartment complex. LOCATION: 74-455 Driftwood ZONE: R-3 Action: It was moved by Commissioner Hanson, seconded by Commissioner Lambell, to grant approval by minute motion. Motion carried 5-0-0-2, with Commissioners Lopez and Vuksic absent. 5. CASE NO: PP/CUP 06-17 APPLICANT IAND ADDRESSI: MDR � ARCHITECTS, 18207 McDurmott, Ste A, Irvine, CA 92614 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of 300 time-share units and a 40,000 square foot clubhouse; Westtn Desert Willow Resort Villas. LOCATION: 39-500 Portola Avenue ZONE: PR-5 Commission reviewed and approved. They felt that while the building consists of severaf stories, the massing of the building was handled very well and had a nice feel to it. Action: It was moved by Commissioner Hansen, seconded by Commissioner Lambell, to grant approval by minute motion. Motion carried 4-0-1-2, with Commissioner Oppenheim abstaining and Commissioners Lopez and Vuksic absent. G:�PlanrnngUanine JudylWoro FileslARC Minufs12006WR061212.mn.DOC Page 12 of 14 ___ . i ( September 14, 2006 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: N/A APPLICANT (AND ADDRESSI: STARWOOD AT DESERT WILLOW NATURE OF PROJECT/APPROVAL SOUGHT: Presentation of timeshare concepts for Desert Willow. LOCATION: Portola ZONE: PR-5 No action taken. (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. CONTINUED CASES: In order to be placed on the next meeting's agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. ( / �. I M{NUTES ARCHITECTURAL REVIEIK COMMISSION SEPTEMBER 12. 2006 Chico's storefront and making some minor modifications on the back where the offices were. Commissioner Hansen asked what material they would be using on the oma. Mr. Marcovitz indicated that it would be a stucco finish. Com 'ssioner Hansen commented that on White House/Black Market wood w being suggested for the trim and asked them to rethink that. Mr. Marcov indicated that they would not be using wood. It's going to be stucco with e same aesthetic look and the same color. Action• It was moved by Commissioner nsen, seconded by Commissioner Vuksic, to grant approval. Motion carried -0-2, with Commissioners Gregory and Lopez absent. C. Miscellaneous Items 1. CASE NO: N/A APPLICANT (AND ADDRESS): STARWOOD AT DESERT WILLOW NATURE OF PROJECT/APPROVAL SOUGHT: Presentation of timeshare concepts for Desert Wlllow. LOCATION: Portoia ZONE: PR-5 Steven Decker, presented a conceptual proposal for Starwood at Desert Willow, a 300-unit vacation ownership development, with a 40,000 square foot building for check-in, sales, restaurant with pool bar, main pool and slide, a recreational area, tennis courts, a guard gated guest entry, and underground public and employee parking. The buildings around the golf course use a serpentine layout with pool amenity areas. The three (3) to four (4) story buildings will be setback from the golf course to reduce impacts and bring the landscaping up to the units. Mr. Decker showed Commission the proposed building elevations. G\PlanningUanine Judy�Word fila�ARC Minutn�AR060912.min.DOC Page 15 of 16