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DEPARTMENT OF COMMUNITY D
STAFF REPORT
REQUEST: Consideration for approval of a Development Agreement, Precise
Plan of design, Conditional Use Permit, and a Mitigated Negative
Declaration of Environmental Impact to allow the construction of a
new three-story 106-room boutique hotel and two-story
condominium unit including sixteen 3-bedroom lockout rooms (48
keys maximum) totaling a maximum of 154 units/keys. The project
is located at 45-400 Larkspur Lane, also known as APNs 627-262-
008 and 627-262-011.
SUBMITTED BY: Tony Bagato
Principal Planner
APPLICANT: Larkspur Associates, LLC.
73-626 Highway 111
Palm Desert, CA 92260
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, CA 92260
CASE NOS: DA 07-02, PP 07-11, and CUP 07-14
DATE: June 26, 2008
CONTENTS: Recommendation
Executive Summary
Discussion
Draft Ordinance No. a.15g , Exhibit A, Development Agreement
Draft Resolution No. 08-50,
Negative Declaration of Environmental Impact
Legal Notice
Planning Commission Minutes, dated May 20, 2007
Planning Commission Resolution 2477
Traffic Impact Report, dated May 5, 2008
Comments from other departments
Plans and Exhibits
Staff Report
DA 07-02, PP 07-11, and CUP 07-14
June 26, 2008
Page 2 of 14
Recommendation:
That the City Council, waiver further reading and:
1. Pass Ordinance No. iisa to second reading approving Development
Agreement 07-02.
2. Adopt Resolution No. 08-60 approving Precise Plan 07-11, Conditional
Use Permit 07-14 and a Mitigated Negative Declaration of Environmental
Impact as it relates to the project thereto.
Executive Summarv:
Approval of staff's recommendation will allow the construction of a new boutique hotel
totaling 154 units on Larkspur Lane. The project will total 106 hotel rooms and 16-
condominum units that will include 3-bedroom lockout rooms totaling a maximum of 48
keys. The 16 units are proposed as condominium units for financing purposes and are
not intended to be permanent residential units. The project has been reviewed and
approved by the Planning Commission and Architectural Review Commission.
The proposed boutique hotel utilizes superior architecture and site planning to create a
village atmosphere within walking distance to EI Paseo, meeting the goals and
objectives of the City's General Plan and Commercial Core Area Specific Plan. The
development agreement will allow the City Council to approve the project as proposed
while providing the City with an economic, environmental and community benefit. All the
findings of approval for the Precise Plan and Conditional Use Permit can be met and
are described on pages 1 and 2 of the draft resolution. If approved, the applicant will
return to Planning Commission at a later date with a tentative map to create the
condominium rights for financing purposes.
Economic Impact:
The project provides for 154 units/keys resulting in an increase of revenue funding to
the Ciry's General Fund from guests paying 9% Transient Occupancy Tax (TOT) on
each room rented. The projected TOT revenue for the first three years of operation is
$2.75 million. The developer anticipates creating 100 new full and part time jobs for
residents in the valley.
In addition to the hotel providing new revenue from TOT, it will increase sales tax from
other businesses on EI Paseo by creating an economic anchor that will sustain
pedestrian interest along the entire street.
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I. BACKGROUND:
A. Property Description:
The project site, located on the northeast corner of Larkspur Lane and
Shadow Mountain Drive consists, of two vacant parcels totaling 2.1-acres
(91,473 square feet). The smaller triangular shape parcel (APN 627-262-
008) totals 3,484 square feet and is located towards the north of the
project area, adjacent to a commercial parking lot. The larger parcel (APN
627-262-011) is a rectangular shaped parcel totaling 87,991 square feet.
The property slopes 11 feet down from Shadow Mountain Drive to the
north property line.
B. General Plan Designation and Zoning:
General Plan Land Use Designation:
• APN 627-262-008: Communiry Commercial (C-C)
• APN 627-262-011: High Densiry Residential 10-22 du/acre (R-H)
Zoning Designation:
• APN 627-262-008: General Commercial (C-1)
• APN 627-262-011: Residential Multiple Family (R-3)
C. Adjacent Zoning and Land Use:
North: C-1 / Commercial center and parking lot
South: R-3 /Two-story Yum Yum Tree Apartments
East: R-3 / 90+ feet of open space and single-story condominiums
West: C-1 /The Gardens on EI Paseo
D. Palm Desert Commercial Core Area Specific Plan:
On July 23, 1987, the City Council and Redevelopment Agency (RDA)
adopted the Palm Desert Commercial Core Area Specific Plan. The
overaH goal of the specific plan's policies is to promote high quality
compatible economic growth. The specific plan also states that the Ciry
and the RDA shall take an active role in the promotion of a project when it
will result in substantial economic benefits for the RDA, general business
community or will otherwise implement community goals.
EI Paseo is listed as a project area in the specific plan and is identified as
"unique throughout the Coachella Valley as an outdoor urban specialty
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June 26, 2008
Page 4 of 14
retail/restaurant boulevard designed on a scale appropriate for
pedestrians". The plan also states that EI Paseo's ability to successfully
compete with new planned commercial developments will be dependent
on continued uniqueness. Four key points are identified in the specific
plan, which are essential to a successful pedestrian environment. Two
points are directly related to new construction. One point states that "dead
zones" created by vacant lots should be eliminated because they do not
attract pedestrian traffic, and the second point states that strategic
location of "anchor attractions" to draw and sustain pedestrian interest
along the entire length of the street is essential to EI Paseo's success.
III. PROJECT DESCRIPTION:
The applicant is requesting approval of a Development Agreement, Precise Plan,
and a Conditional Use Permit to allow the construction of a new three-story 106-
room boutique hotel and two-story condominium unit comprising sixteen 3-
bedroom lockout rooms (48 keys maximum) totaling a maximum of 154 units/keys.
The hotel includes a two level underground parking lot with 203 spaces, a
restaurant area, gift shop, conference and meeting rooms, spa, and amenities
including a roof deck pool and service bar, roof deck garden and roof deck patios
on 11 of the 16 condominium units
At this time, the applicant has not submitted a tentative map for the condominium
portion of the project, which will require consideration by the Planning Commission
at a future hearing. A draft development agreement has been prepared that will
grant the applicant a vested right to develop as proposed.
A. Site Plan:
The project site located on the northwest corner of Larkspur Lane and
Shadow Mountain Drive fronts onto two streets and is adjacent to a
commercial parking lot to the north and a single-story condominium project
to the east.
Access:
The site plan is designed with four driveways, three on Larkspur Lane and
one on Shadow Mountain Drive. The north driveway on Larkspur Lane is a
parking/loading area for service vehicles as well as access to the enclosed
trash area for Burrtec waste trucks. The second driveway, south of the
loading area, is a looped driveway providing an entry area to the front lobby
of the hotel from the street. There is a designated area for public art in front
of the looped driveway. The third driveway, located in the middle of the site,
slopes down from Larkspur Lane providing access to the lower level
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underground parking lot, meeting area and storage area. There are five
stairways and three elevators that provide access to the upper levels of the
hotel as well as providing emergency access outside the underground
parking lot.
The one driveway located on Shadow Mountain Drive slopes down from the
street providing access to the upper level parking lot and additional storage
rooms. Two elevators and one stairway will provide access to the upper
hotel levels. The underground parking on Shadow Mountain Drive will be
used for the 16 condominium units only.
Building Setbacks:
Given that the majority of the building and main access points are located
on Larkspur Lane, staff is using Larkspur Lane as the front property line, the
east property line as the rear yard, the north property line as a side yard and
the Shadow Mountain Drive as the street side yard. Due to the unique
design of the project, setbacks are described in three categories as
described below:
1. Main Building setbacks
2. Decks
3. Open Stairways
1. Main Building:
Due to the building massing and undulation, the front set back is at
least 15 feet with the lobby entrance setback 34 feet from the
property line. The property line is setback 10 feet from Larkspur
Lane, which makes the building set back 25 feet from the street. On
Shadow Mountain Drive, the building is setback at least 10 feet from
the property line and is set back an additional 10 feet (20 feet total)
from the street.
The east side of the building is set back at least 10 feet from the
property line. To minimize the visual impact of the three-story hotel,
the building steps back 4 feet at each level creating a larger setback
at higher elevations (see Sheet 7). The north side of the building
setback varies between 10 feet and 28 feet from the property line.
2. Decks:
The building design includes covered patios along the east elevation
that are set back 6 feet from the east property line. Municipal Code
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Section 25.56.240 allows decks to encroach up to 6 feet into the rear
yard provided that the setback is not less than 5 feet.
3. Open Stairways:
There is a fire exit stairway along the east elevation that is set back 6
feet from the rear property line. Municipal Code Section 25.56.250
allows open stairways to encroach up to 4 feet into the rear yard
provided that the setback is not less than 3 feet.
Parking:
The project is designed with a two-level underground parking lot with a total
of 203 parking spaces. The lower level parking lot provides for 120
automobile parking spaces and 8 electric/golf cart/bicycle parking spaces,
while the upper level provides for 70 automobile and 5 electric/golf
cart/bicycle parking spaces. Section 25.58.310 requires 1.1 parking spaces
per unit plus additional parking for other uses. The project provides 203
parking spaces, 169 required for the 154 rooms and 34 additional spaces
for the additional uses associated with the hotel.
Amenities:
The project amenities include a total of three pools, two on the lower level of
the hotel and one on the roof with a 2,017 square foot bar area, a desert
roof garden and pavilion area, conference rooms, spa, workout area, and
private patios in some of the hotel rooms and private roof decks with spas
on 11 of the 16 condominium units. The units with the private patios are
located on the west and south side of the project. They were not included
on the east side, which is adjacent to single-story condominium units.
B. Building Description:
The boutique hotel will house a total of 154 rooms, a restaurant and bar
area, lobby and administrative staff offices, a gift shop, conference and
meeting rooms, a spa, and workout room. The 154 total rooms are a
combination of 103 regular rooms, 16-condominum units that will include 3-
bedroom lockout rooms totaling a maximum of 48 keys, and 3 executive
suites.
The overall square footage of the entire hotel is 114,038 square feet. A
breakdown of the hotel space is described below:
• Entire Hotel Area: 114,038 square feet
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• 106-Room Hotel Area: 75,641 square feet
• Condominium Hotel Area: 38,397 square feet
• Conference Rooms: 4,845 square feet
• Spa 4,185 square feet
• Restaurant Area: 3,295 square feet
• Workout Room: 215 square feet
The main building will contain the hotel lobby rooms and amenity areas.
The condominium portion of the hotel is separated from the main hotel and
each unit has an entry foyer with access to three separate lockout rooms for
each unit.
As part of the project, the hotel will include an emergency power generator
that will allow the hotel to be as a community "cooling station" during any
potential power outages within the City. Using the hotel as a "cooling
station" will provide a community service for emergency purposes.
C. Architecture:
The project is designed as a three-story hotel with two-story condominium
hotel suites. The main building height elevation for the three-story building
varies between 31 feet and 37 feet. The building design includes tower
elements that have pitched roofs with the peaks at 35 feet, 37 feet, 39 feet,
40 feet, and 42 feet. The tallest portion of the building is the apex of the
gazebo on the roof deck at 42 feet. The two-story condominium portion
building height varies between 24 feet and 25 feet 6 inches, with flat roofed
tower elements at 28 feet.
The projecYs architectural design can best be described as contemporary
with classical trim and details. The design utilizes vertical elements with
strong horizontal bases and recessed arched windows, smooth earth-tone
stucco colors, limestone cladding, metal shutters and rails, solar
photovoltaic roof panels and shading devices. The project was presented
and discussed at four Architectural Review Commission (ARC) meetings
and on February 26, 2008, the ARC unanimously (Commissioner Vuksic
absent) granted preliminary approval of the project's architectural design.
D. Landscaping:
The proposed landscaping plan including the roof garden totals 52,599
square feet of drought tolerant landscaping. The project site currently
houses several healthy Washingtonia Robusta palm trees that will be
re(ocated and reused on the project site. On February 26, 2008, the ARC
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(Commissioner Vuksic absent) granted preliminary approval of the
landscape plan.
E. LEED-Certified:
The proposed project will meet the specifications a Leadership in Energy
and Environmental Design (LEED) Green Building Rating System. LEED
certified buildings provide an environmental and financial benefit to the City
and property owner. LEED certification provides independent, third-party
verification that a building project meets green building and performance
measures.
The proposed project has been registered for LEED Certification and might
meet LEED Silver criteria before the project begins construction. To
accomplish LEED-Certification, the project is providing solar power energy,
low-emitting adhesives, paints, carpet and sealants. The project will also
provide a roof garden, low water efficient landscaping and will reduce
overall water usage by 20%. The project will include other design features
that will earn points in the LEED program.
IV. ANALYSIS:
The project is located on two parcels with two different zoning designations. The
following table compares the proposed project to both the C-1, General
Commercial zone (Section 25.28) and R-3, Residential Multiple Family zone
(Section 25.20). Both zones allow hotel development with a Conditional Use
Permit.
STANDARD C-1 ZONE R-3 ZONE PROJECT
Hotel Density N/A 38 keys (18 units 154 keys (77 units
er acre er acre
Height 30 feet 31 to 37 feet 24 to 25 feet 6 inches
Front Setback 5 feet 15 feet 15 feet
Rear Setback 10 feet 10 feet 10 feet
Side Setback Zero/5 feet 8 feet 10 feet
Coverage N/A 50% 50 %
Parking 190 �useed on �g0 (based on use) 203
Landscaping 15% N/A 58%
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Discussion:
Every hotel that has been approved in the City has required a height exception
as well as exceptions from other development standards on a case by case
basis. These hotels have been built in either Planned Commercial Resort or
Planned Residential zones. Both of these zones have an exception process to
the development standards within the ordinance. The development standards
that currently affect hotel development in the C-1 zone are the 30-foot maximum
height limit, setbacks and parking. The C-1 zone does not have a maximum
density allowance. In the R-3 zone, the development standards that affect hotel
are the 18 units per acre densiry, 22-foot height limit, 50% lot coverage,
setbacks, and parking.
The project currently exceeds several development standards within the C-1 and
R-3 zone and neither of these zones have an exception process in the
ordinance. However, with a development agreement the project can be approved
by the Planning Commission and City Council as proposed. The development
agreement does not change the allowed land use of either zone, since both
currently permit hotels with a Conditional Use Permit. The development
agreement allows the City to waive development standards when the project is
consistent with the City's General Plan or a specific plan. In this case, the
proposed project is consistent with both the City's General Plan and the
Commercial Core Area Specific Plan described above. In exchange for waving
certain development standards, the development agreement requires that the
developer provide specific benefits to the City and community. These benefits
include Transient Occupancy Tax, an emergency cooling center, and an
economic anchor for retail and restaurants along EI Paseo.
Although the deve(opment agreement allows the City to waive certain
development standards, staff analyzed the project with the surrounding land
uses in regards to any potential height and view impacts, traffic impacts, noise
impacts, and land use compatibility.
A. Height and Views:
The hotel technically exceeds the height limit of the zones, but it has been
designed in context to the grade change and adjacent uses. The applicant
has prepared site sections on Sheet 7 of the architectural plans illustrating
the project in context to the surrounding area. In addition, staff has done a
field study and visual analysis to determine any potential view impacts.
The property slopes down 11 feet from Shadow Mountain Drive to the
north property line that is adjacent to a commercial parking lot. To take
advantage of the 11-foot slope, the project has been designed with the
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two-story condominiums on Shadow Mountain Drive. At Shadow Mountain
Drive, the two-story condominium building height is 25 feet 6 inches tall
and as the property slopes down, the three-story hotel height ranges
between 31 feet and 37 feet with the tallest element (apex of the gazebo)
at 42 feet. However, the overall building height of the three-story portion
ranges between 25 feet and 37 feet measured from Shadow Mountain
Drive because of the large slope. The slope provides opportunities for
taller buildings closer to EI Paseo without negatively impacting the
residential properties to the south. This approach has been used in the
approval of the adjacent project, The Gardens on EI Paseo, which
measures between 31 feet and 38 feet from Shadow Mountain Drive with
the overall building height between 38 feet and 44 feet. The hotel's
proposed building height will be less than The Gardens on EI Paseo's
overall building height and will not adversely impact the surrounding
properties.
To the east of the project is a single-story condominium project with 90+
feet of open space between the properties. The east side of the building
has been designed with a 10-foot set back from the property line with the
second and third levels stepping back farther to minimize the view impacts
from the hotel. At the third floor of the hotel, the project is set back
approximately 140 feet from the closest condominium unit. In between the
two properties there are tall trees and shrubs screening a majority of the
project site from the single-story condominium units to the east. Due to
the large setbacks and existing vegetation on the property to the east, the
hotel will not negatively impact the adjacent property to the east.
To study this even further, staff visited the site several times, took photos,
and spent time walking around EI Paseo, Shadow Mountain Drive and
Larkspur Lane to analyze the view impacts of the proposed project. There
is an attached exhibit with five photos taken from areas around the
project. The five photos are:
1. Photo "A", taken from the northwest street corner of EI Paseo and
Larkspur Lane looking south.
2. Photo "B", taken from EI Paseo looking south to illustrate the visual
experience from EI Paseo.
3. Photo "C", taken from the adjacent property to the east looking
west towards the future hotel.
4. Photo "D", taken from Shadow Mountain Drive looking north at the
project site.
5. Photo "E", taken from The Gardens shopping center looking west.
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Photo "A" illustrates that when a person is walking on EI Paseo and
approaches the intersection at Larkspur Lane, the hotel will be behind the
existing retail development and may block views to the south. However,
as the photo illustrates, there are tall palm trees and other trees blocking
the views to the south from this location. To the west of this intersection,
the hotel will not be visible because it will be blocked by The Gardens on
EI Paseo. Photo "A" indicates that there will not be a negative view impact
from the intersection of EI Paseo and Larkspur Lane.
Photo "B" was taken from the north side of EI Paseo in front of existing
retail space looking south. The proposed hotel will be located behind the
retail building being remodeled in the photo. The photo illustrates that any
potential views to the south are currently blocked from the existing
building on EI Paseo. In addition, behind the retail building are some palm
trees approximately 46 feet tall. The proposed hotel will be 37 feet with
the tallest portion at 42 feet. Based on photo "B" the hotel will not be
visible from EI Paseo and will not impact any views to the south.
Photo "C" was taken from outside the pool area of the adjacent property
to the east. The photo illustrates large trees and shrubs between the two
properties screening a majoriry of any potential views to the west. Based
on the height of the palm trees, the third floor of the hotel will be visible
and will block the views of the mountains. Given that the majority of the
views to the west are blocked from existing landscaping, the hotel will not
significantly impact the views to the west.
Photo "D" was taken in front of the two-story apartments on Shadow
Mountain Drive looking north. The photo illustrates that the proposed
project will block views to the north. The project is designed at 25 feet 6
inches with a 20-foot setback from the street curb on Shadow Mountain
Drive. The majority of the three-story portion will not be visible behind the
two-story condominium units because of the 11-foot grade change. The
development standards allow for a two-story building at 22 feet for a flat
roof and 24 feet for a pitched roof. The proposed hotel is a flat roof
structure and exceeds the height limit by 3 feet 6 inches as described
above. However, staff believes that a two-story project at 22 feet would
block the view to the north and that the 3-foot 6-inch height difference
between the ordinance and proposed project would not significantly
increase the view impacts.
Photo "E" was taken from The Gardens shopping center looking west
towards the future hotel. The photo illustrates that there are no mountain
views to the east, and that the project will not negatively impact any views.
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B, Traffic:
As part of the project, the applicant provided a traffic analysis report to
determine and evaluate any potential negative traffic impacts to the
surrounding neighborhood and local intersections. TF�e first report was
submitted on April 7, 2008 and a revised report was submitted on May 5,
2008. The revised report is included as an attachment to the staff report.
The Ciry's General Plan established a Level of Services (LOS) "C" as the
minimum acceptable condition for traffic flow during peak hours. Currently,
the surrounding intersections and roadways operate at LOS C during
peak hours. The proposed project is anticipated to generate
approximately 1,258 trips per weekday with 94 trips during the midday
peak hour and 91 during the PM peak hour. On a Saturday, the
anticipated trip generation is 1,261 trips with 111 trips during the midday
peak hour. Based on this report, the anticipated trips per day from the
project will result in an increase of no more than 1.5 additional vehicles
per 60 seconds during midday and PM peak hours and no more than 2
vehicles per 60 seconds during the Saturday peak hour. The report
indicates that the LOS for the roadways and intersections will continue to
operate at a LOS C, which is consistent with the City's General Plan.
There are no negative traffic impacts from the proposed hotel.
C. Noise:
A hotel project adjacent to residential development may have negative
noise impacts. The developer is concerned about noise just as much as
staff is because noise from hotel guests will negatively impact the
operations of the hotel as much as it will impact the surrounding
neighborhood. Noise complaints from hotel guests will result in
complaints, early checkouts and a negative image. It is in the hotel's best
interest to regulate and control any potential noise problems.
However, the applicant and staff have taken several additional steps to
address any potential noise impacts. Eleven of the 16 condominium suites
are designed with roof decks that include a spa. The suites along the east
property line were specifically designed without the roof decks because
they are adjacent to residential condominium owners. The hotel includes a
roof deck pool for hotel guest use only. The pool includes an indoor
service bar that hotel guests can swim to be served in the pool. The roof
poo! and service bar will not serve food and will not have any outdoor
music or entertainment.
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Before the May 20, 2008, Planning Commission, staff proposed a
condition of approval prohibiting hotel guests and condominium guests
from using all roof deck amenities after 10:00 pm Sundays through
Thursdays and after 12:00 am on Fridays and Saturdays. During the
Planning Commission meeting, Commissioner Tanner and Limont stated
that they were concerned with noise issues with the roof pool and service
bar. To address the comments at the Planning Commission hearing, the
condition of approval has been modified reducing the allowable use time
by two hours daily restricting the use of the roof amenities to 8:00 pm
Sundays through Thursdays and after 10:00 pm on Fridays and
Saturdays.
This condition will implement a quiet time to reduce noise impacts to the
adjacent property owners. In addition, there will be no outdoor music,
dinning patios, or bars facing the residential areas adjacent to the project.
D. Land Use Compatibility:
The project is located on two parcels with different zoning standards and
is adjacent to commercial complexes on two-sides and residential
buildings on the other two-sides. The proposed project is designed to
balance the needs of the Commercial Core Area Specific Plan while
remaining compatible with adjacent R-3 zoning. HistoricaNy the R-3
properties south of EI Paseo, between Highway 74 and Deep Canyon
Drive, have been a transitional land use area between the City's
commercial core (Highway 111 and EI Paseo) and south Palm Desert's
single-family neighborhood. These properties consist of hotels,
apartments, condominiums, medical and general office uses. Many of the
existing hotels exceed the current R-3 density standard of 18 units per
acre. The Mojave and Casa Larrea Inn are 26 units per acre and the Inn
at Deep Canyon is 41 units per acre. These hotels were built before the
City incorporated. Since the City incorporated, no new hotels have been
developed adjacent to EI Paseo.
The Commercial Core Area Specific Plan states that the City and the RDA
shall take an active role in the promotion of a project when it will result in
substantial economic benefits for the RDA, general business community
or will otherwise implement community goals. City and RDA staff has
worked very closely with the applicant to create a hotel project that will
generate economic benefits while limiting any potential negative impacts
to the adjacent properties. The proposed boutique hotel utilizes superior
architecture and site planning to create a village atmosphere within
walking distance to EI Paseo, meeting the goals and objectives of the
City's General Plan and Commercial Core Area Specific Plan.
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Staff Report
DA 07-02, PP 07-11, and CUP 07-14
June 26, 2008
Page 14 of 14
V. ENVIRONMENTAL REVIEW:
For the purposes of CEQA, the Director of Community Development has
determined that the proposed project will not have a significant negative impact on
the environment and staff has prepared a Mitigated Negative Declaration of
Environmental Impact.
Submitted by: Department Head:
��
Tony B gato, Lauri Aylaian,
Principal Planner Director of Community Development
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Carlos L. Ortega
City Manager
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ORDINQNCE NO. 1 1 SR
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR A NEW
THREE-STORY 106-ROOM BOUTIQUE HOTEL AND TWO-STORY
CONDOMINIUM UNIT INCLUDING SIXTEEN 3-BEDROOM LOCKOUT
ROOMS (48 KEYS MAXIMUM)TOTALING A MAXIMUM OF 154 UNITS/KEYS,
EXHIBIT"A" AITACHED.
CASE NO. DA 07-02
WHEREAS, the Planning Commission by its Resolution No. 2477 has recommended
approval of Case No. DA 07-02; and
WHEREAS, at said public hearings, said City Council heard and considered all
testimony and arguments of all interested persons.
WHEREAS, the City Council of the City of Palm Desert, Cal'rfornia, DOES HEREBY
ORDAIN, AS FOLLOWS:
SECTION 1: That the Development Agreement 07-02, Exhibit "A" attached, by
Ordinance No. is hereby approved.
SECTION 2: That the City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Desert Sun, a newspaper of general circulation,
published and circulated in the City of Palm Desert, California, and shall be in full force and
effect thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this day of 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, Mayor
ATTEST:
RACHELLE KLASSEN, City Clerk
City of Palm Desert, Califomia
ORDINANCE NO. 1�58
CASE NO. DA 07-02
EXHIBIT "A"
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Palm Desert
73-626 Highway 111
Palm Desert CA 92260
Attn: City Clerk
Exempt from recording fees pursuant to Govt. Code Section 27383
(Space above for recorder's use)
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered
into as of this 26th day of June, 2008, by and between the Ciry of Palm Desert,
California, a municipal corporation organized and existing under the laws of the State of
California (the "City), and LARKSPUR ASSOCIATES, LLC ("Developer"), with reference
to the following facts, understandings and intentions of the parties:
RECITALS:
A. These Recitals refer to and utilize certain capitalized terms which are
defined in this Agreement. The parties intend to refer to those definitions in conjunction
with the use thereof in these Recitals.
B. Government Code Sections 65684 through 65869.5 inclusive (the
"Development Agreement Legislation") authorize the City to enter into development
agreements in connection with the development of real property within its jurisdiction.
On August 11, 1983, the City enacted by Ordinance No. 341, as amended on
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ORDINANCE NO. 1158
December 7, 1989 by Ordinance No. 589 (collectively, the "Development Agreement
Ordinance"), procedures and requirements for the consideration of development
agreements thereunder pursuant to the Development Agreement Legislation.
C. Developer is the owner of a legal or equitable interest in the Property and
is entitled to have filed the application for and to enter into this Agreement. The Project
consists of the future development of the Property. The Property is located at an
important location in the City and the coordinated development of the Project pursuant
to this Agreement represents an important and mutually beneficial economic
development and land usage planning opportunity for the City and Developer.
D. The City has determined that the development of the Project as
contemplated by this Agreement is consistent with and in furtherance of the
development goals, policies, general land uses and development programs of the City
as set forth in the City's General Plan, Commercial Core Area Specific Plan and is
consistent with the existing zoning affecting the Properties.
E. City has further determined that entry into this Agreement will further the
goals and objectives of the City's land use planning policies by, among other things,
encouraging investment, providing precise and supplemental criteria for the uses,
design, circulation and development of the Property, including flexibility in land use
options which may be altered in order to respond to future changes in the surrounding
areas, eliminating uncertainty in planning for, and securing orderly processing and
development of the Project. The benefits conferred on the City by Developer herein will
(i) insure consistent, comprehensive planning which will result in aesthetically pleasing,
environmentally harmonious, and economically viable development within the City; (ii)
provide for the creation of a high quality, aesthetically pleasing entry statement for the
City; (iii) provide for the construction of storm water system improvements vital to the
City; and (iv) further the development objectives of the City in an orderly manner, all of
which will significantly promote the health, safery and welfare of the residents of the
City. In exchange for these benefits to the City, Developer desires to receive the
assurance that it may proceed with the Project in accordance with the Development
Plan attached to this Agreement as Exhibit "A", and at a rate of development of its
choosing, subject to the terms and conditions contained in this Agreement.
F. Pursuant to Section 65867.5 of the Development Agreement Legislation,
the City Council has found and determined that: (i) this Agreement implements the
goals and policies of the City's General Plan, provides balanced and diversified land
uses, and imposes appropriate standards and requirements with respect to land
development and usage in order to maintain the overall quality of life and the
environment within the Ciry; (ii) this Agreement is in the best interests of and not
detrimental to the public health, safety and general welfare of the City and its residents;
(iii) adopting this Agreement is consistent with the City's General Plan, and each
element thereof and the Commercial Core Area Specific Plan, and constitutes a present
exercise of the Ciry's police power; and (iv) this Agreement is being entered into
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ORDINANCE NO. 1158
pursuant to and in compliance with the requirements of Government Code Section
65867 of the Development Agreement Legislation.
G. By adopting this Agreement, the City Council has elected to exercise
certain governmental powers at the present time rather than deferring such actions until
an undetermined future date and has done so intending to bind the City and the City
Council and intending to limit the City's future exercise of certain governmental powers,
to the extent permitted by law.
H. This Agreement has undergone extensive review by the City's staff, the
Planning Commission and the City Council.
I. In order to effectuate the foregoing, the parties desire to enter into this
Agreement.
AGREEMENT
NOW, THEREFORE, pursuant to the authority contained in the Development
Agreement Legislation, and in consideration of the mutual covenants and promises of
the parties herein contained, the parties agree as follows:
DEFINITIONS.
Defined Terms. Each reference in this Agreement to any of the following
terms shall have the meaning set forth below for each such term.
Agreement. This Development Agreement.
Building Ordinances. Those building standards, of general and uniform
application throughout the City and not imposed solely with respect to the Property, in
effect from time to time that govern building and construction standards within the City,
including, without limitation, the City's building, plumbing, electrical, mechanical, grading,
sign, and fire codes.
City Council. The legislative body of the City of Palm Desert.
Development Plan. Development Plan means the development and
associated amenities, and on-site and off-site improvements, as permitted under and
described in the Development Plan (Exhibit "A"), to be constructed on the Property, as the
same may hereafter be further refined, enhanced or modified pursuant to the provisions
of this Agreement.
Effective Date. The date on which the Enacting Ordinance becomes
effective.
Enacting Ordinance. Ordinance , enacted by the City Council on
, 2008, approving this Agreement.
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ORDINANCE NO. 1�5$
ExistinQ Land Use Ordinances. The Land Use Ordinances in effect as of
the Effective Date.
Four-Star Hotel and Four-Star Hotel Standards. Four-Star Hotel shall
mean a hote! where either of the following shall apply: (1) the hotel has or will meet the
requirements of a brand included within the "Luxury" or"Upscale" segments as defined by
J.D. Power and Associates; or (2) the hotel satisfies or will satisfy the published
requirements sufficient for a ranking of no less than four (4) stars in the most recent
annual awards list published by AAA or Mobil Travel Guides. The City Council may, by
resolution, adopt alternative standards as may be necessary. Four-Star Hotel Standards
shall mean the standards of a Four-Star Hotel.
Hotel Manaqer. Hotel Manager means a reputable and experienced
hotel management company or operator who shall have at least five (5) consecutive
years of experience in the hotel management business in hotels that meet the Four Star
Hotel Standards and have no fewer than ten (10) other properties (each in separate
cities, or distinct and separate projects in any given city, nationally or internationally)
under current management.
Land Use Ordinances. The ordinances, resolutions, codes, rules,
regulations and official policies of the City duly adopted and on file in the Office of the City
Clerk, governing the development of the Property, including but not limited to, the
permitted uses of land, the density and intensity of use of land, and the timing of
development, all as applicable to the development of the Property. Specifically, but
without limiting the generality of the foregoing, Land Use Ordinances shall include the
Ciry's General Plan, the City's zoning ordinance and the City's subdivision code, but shall
exclude the Building ordinances.
Mortpaae. A mortgage, deed of trust, sale and leaseback arrangement in
which all or a part of the Property, or an interest in it, is sold and leased back
concurrently, or other transactions in which all or a part of the Property, or an interest in it,
is pledged as security, contracted in good faith and for fair value.
Municipal Code means the Palm Desert Municipal Code.
Personal Use means the use or occupancy of a unit by a Unit Owner, or
when a guest of an Unit Owner does not rent and pay for the Owner's unit through the
i ��tel Manager. Use of a unit arising out of an exchange program with an affiliated hotel
property shall be subject to Transient Occupancy Tax based on the equivalent daily rental
value for that room exchanged free of charge or otherwise reduced in the program and
shall not be considered personal use by the owner; provided, however, that no provision
herein shall be deemed to permit a timeshare, fractional, or other vacation ownership unit
if otherwise prohibited by this Agreement or the Municipal Code.
Project. The development and associated amenities, and on-site and off-
site improvements, as permitted under and described in the Development Plan (Exhibit
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ORDINANCE NO. 115s
"A"), to be constructed on the Property, as the same may hereafter be further refined,
enhanced or modified pursuant to the provisions of this Agreement.
Pro e . The real property and any improvements thereon which is
described in Exhibit "B" to this Agreement.
Transient Occupancy Tax means the tax described and subject to the
provisions of Chapter 3.28 of the Municipal Code, as may be amended from time to time.
Unit Owner means an individual or entity that acquires any ownership
interest in, and holds title to, one or more condominium hotel units within the Project.
Term; Amendment.
Term. The term of this Agreement (the `Term") shall commence on the
Effective Date and shall terminate on the ten (10) year anniversary date of the Effective
Date, unless sooner terminated or e�ended as hereinafter provided.
Amendment. The parties to this Agreement at their sole discretion and by
their mutual written consent may from time to time amend the provisions and terms of this
Agreement and the Exhibits hereto. Any amendment to this Agreement or the Exhibits
hereto as provided herein shall be effected only upon compliance with the procedures for
amendment, if any, required by the Development Agreement Legislation and the
Development Agreement Ordinance. The City shall, after any such amendment takes
effect, cause an appropriate notice of such amendment to be recorded in the official
records of the County of Riverside.
General Development of the Proiect
Proiect.
The Project is defined and described in the Development Plan
attached to this Agreement as Exhibit "A".
Developer shall have the vested right to develop the Project in
accordance with, and development of the Project during the Term shall be governed by,
the Development Plan and, to the extent not inconsistent with or modified by the
Development Plan, the Existing Land Use Ordinances. Developer's right to develop the
Properry in accordance with this Section 3.1 shall be without regard to future ordinances,
resolutions, rules, regulations and policies of the City or referenda of the voters of the
Ciry, including, without limitation, those with respect to moratoriums for utility service,
other than ordinances, resolutions, rules, regulations and policies of the City which limit or
condition the rate, timing or sequencing of development of the Property and which are
required solely as a result of then existing shortages of utility service capacity or facilities.
Buildina Permits and Other Aqprovals and Permits. Subject to (a)
Developer's compliance with this Agreement, the Development Plan, the Existing Land
Use Ordinances and the Building Ordinances, and (b) payment of the usual and
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ORDINANCE NO. 1�5s
customary fees and charges of general application charged for the processing of such
applications, permits and certificates and for any utility connection, or similar impact fees
and charges of general application then in effect, the City shall process and issue to
Developer upon application therefore all necessary use permits, building permits,
occupancy certificates, and other required permits for the construction, use and
occupancy of the Project, or any portion thereof, as applied for, including connection to all
utility systems under the City's jurisdiction and control (to the extent that such connections
are physically feasible and that such utility systems are capable of adequately servicing
the Project).
Procedures and Standards. The standards for granting or withholding
permits or approvals required hereunder in connection with the development of the
Project shall be governed as provided herein by the standards, terms and conditions of
this Agreement and the Development Plan, and to the extent not inconsistent therewith,
the Existing Land Use Ordinances, but the procedures for processing applications for
such permits pre-approvals (including the usual and customary fees of general application
charged for such processing) shall be governed by such ordinances and regulations as
may then be applicable and which are consistent with the Development Plan.
Effect of Apreement. This Agreement shall constitute a part of the Enacting
Ordinance, as if incorporated by reference therein in full. The parties acknowledge that
this Agreement is intended to grant Developer the right to develop the Project pursuant to
specified and known criteria and rules as set forth in the Development Plan and the
Existing Land Use Ordinances, and to grant the City and the residents of the City certain
benefits which they otherwise would not receive.
This Agreement shall be binding upon the City and its successors in
accordance with and subject to its terms and conditions notwithstanding any
subsequent action of the city, whether taken by ordinance or resolution of the City
Council, by referenda, initiative, or otherwise. The parties acknowledge and agree that
by entering into this Agreement and relying thereupon, the Developer has obtained,
subject to the terms and conditions of this Agreement, a vested right to proceed with its
development of the Project in accordance with the proposed uses of the Properry, the
density and intensity of development of the Property and the requirements and
guidelines for the construction or provision of on-site and off-site improvements as set
forth in the Development Plan and the Existing Land Use Ordinances, and the City has
entered into this Agreement in order to secure the public benefits conferred upon it
hereunder which are essential to alleviate current and potential problems in the City and
to protect the public health, safery and welfare of the City and its residents, and this
Agreement is an essential element in the achievement of those goals.
Oqerating Memoranda. The parties acknowledge that refinements and
further development of the Project may demonstrate that changes are appropriate with
respect to the details and performance of the parties under this Agreement. The parties
desire to retain a certain degree of flexibility with respect to those items covered in
general terms under this Agreement. If and when the parties mutually find that changes,
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ORDINANCE NO. 115s
adjustments, or clarifications are appropriate to further the intended purposes of this
Agreement, they may, unless otherwise required by law, effectuate such changes,
adjustments, or clarifications without amendment to this Agreement through one or more
operating memoranda mutually approved by the parties, which, after execution, shall be
attached hereto as addenda and become a part hereof and may be further changed and
amended from time to time as necessary. The City Manager is authorized to approve
such an operating memorandum on behalf of the City without further approval of the City
Council. Unless otherwise required by law or by this Agreement, no such changes,
adjustments, or clarifications shall require prior notice or hearing, public or otherwise.
Specific Criteria Aqplicable to Develoqment of the Proiect.
Apqlicable Ordinances. Except as set forth in the Development Plan and
subject to the provisions of Section 4.2 below, the Existing Land Use ordinances shall
govern the development of the Property hereunder and the granting or withholding of all
permits or approvals required to develop the Property; provided, however, that (a)
Developer shall be subject to all changes in processing, inspection and plan-check,
impact fees and charges imposed by City in connection with the processing of
applications for development and construction upon the Property so long as such fees
and charges are of general application and are not imposed solely with respect to the
Property, (b) Developer shall abide by the Building ordinances in effect at the time of such
applications, and (c) Developer and/or Operator of the project shall comply with all
ordinances relating to operation including but not limited to Transient Occupancy Tax.
Amendment to Aqplicable Ordinances. In the event that the Palm Desert
zoning ordinance is amended by the City in a manner which provides more favorable site
development standards for the Property or any part thereof than those in effect as of the
Effective Date, Developer shall have the right to notify the City in writing of its desire to be
subject to all or any such new standards for the remaining term of this Agreement. If City
agrees, by resolution of the City Council or by action of a City official whom the City
Council may designate, such new standards shall become applicable to the Property or
portions thereof. Should City thereafter amend such new standards, upon the effective
date of such amendment, the original new standards shall continue to apply to the
Property as provided above, but Developer may notify City in writing of its desire to be
subject to all or any such amended new standards and City may agree in the manner
above provided to apply such amended new standards to the Property.
Easements; Abandonments. City shall cooperate with Developer in
connection with any arrangements for abandoning existing utiliry or other easements and
the relocation thereof or creation of any new easements within the Property necessary or
appropriate in connection with the development of the Project; and if any such easement
is owned by City, City shall, at the request of Developer and in the manner and to the
extent permitted by law, take such action and execute such documents as may be
necessary to abandon existing easements and relocate them, as necessary or
appropriate in connection with the development of the Project, all at the cost and expense
of the Developer. In addition, to the extent that temporary or permanent easements on
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ORDINANCE NO. 1�58
property adjacent or in close proximity to the Property will be required in order for
Developer to develop all or portions of the Project, the City shall cooperate with Developer
in efforts to obtain or secure any such required easements.
Height Reauirements. Buildings constructed on the Property as part of
the Project shall not exceed a height of thirly-seven feet (37') at the parapets or forty-two
feet (42') at the tower in accordance with the Development Plan. The height limits shall
be measured in the manner of other height limits under Title 25 of the Municipal Code.
Parking Repuirements. The Project shall provide a minimum of two
hundred three (203) parking spaces in accordance with the Development Plan.
Density Requirements. The Project shall not exceed a density of one
hundred fifty four (154) hotel rooms/keys that may be allocated within the components of
the Project as provided in the Development Plan.
LEED Reauirements. Developer shall design, develop and construct
the Project as required to secure the "Silver" or higher designation, as selected by the
Developer in the exercise of its reasonable discretion, as established by the U.S. Green
Building Council under the Leadership in Energy and Environmental Design ("LEED")
program.
Coolinq Station Capacitv. An emergency backup power generator onsite
capable of cooling the Project shall be installed and maintained as part of the Project.
The Project shall be used as a "cooling station" for the City in the event of power outage.
Hotel Repuirements.
The requirements of this Section 4.9 and Section 4.10 are necessary to
preserve the commercial nature of the Property and insure that the Project retains its
character as a four-star boutique commercial hotel. While the project contains
condominium units in addition to more traditional hotel units, the condominium units are
commercia! hotel condominium units and are not intended to, nor shall be used, as long-
term residential units.
The Developer shall comply with and use the property in accordance
with the restrictive covenants set forth in Section 5.1 of the Disposition and Development
Agreement between the Developer and the Redevelopment Agency of the City of Palm
Desert dated on or about the date of this Agreement and pertaining to the Property.
One hundred (100) percent of the condominium units shall be made
available as rental units for hotel guests by the Hotel Manager when not being used by
the Unit Owner for the Unit Owner's Personal Use (as defined in Section 1.14 of this
Agreement). The Unit Owners, through the CC&Rs shall assign their units to the Hotel
Manager for the purposes of rental to transient guests when not being used for Personal
Use.
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ORDINANCE N0. 115_8
A Unit Owner shall be allowed to use the unit for Personal Use no
more than finro (2) weeks between November 1 st and May 1 st of each year and for no
more than two (2) weeks between May 2nd and October 31 st of each year without paying
the Transient Occupancy Tax.
Every condominium unit shall be subject to the Transient Occupancy
Tax, except for Personal Use described above, and each condominium unit shall be
made available to hotel guest for transient use.
No condominium unit shall be rented or let for more than twenty-nine
(29) consecutive days.
No condominium unit shall be used or converted into any form of
permanent residence.
No condominium unit shall be used as a timeshare, factional or other
vacation ownership as such terms are defined in Business and Professions Code Section
11212, as may be amended from time to time.
The Developer shall enter into a contract for operation of the
Project with a reputable and experienced hotel manager or operator who shall have at
least five (5) consecutive years of experience in the hote! management business in
hotels that meet the Four Star Hotel Standards and have no fewer than ten (10) other
properties (each in separate cities, or distinct and separate projects in any given City,
nationally or internationally) under current management ("Hotel Manager"). The applicant
shall provide the Director of Community Development with appropriate documentation to
demonstrate that the Hotel Manager meets the requirements of this subsection. Any
future changes in the Hotel Manager shall require review and approval by the Director of
Community Development. The Director of Community Development may modified the
standards for the Hotel Manager upon finding that the Hotel Manager has comparable
experience meeting the interests served by the standards. The Hotel Manager shall
ensure that all portions of the hotel are maintained and operated in accordance with the
Four Star Hotel Standards, including but not limited to the condominium units, lobby and
hallways, front desk, concierge services, landscape and open space areas, parking,
banquet/ballroom facilities, conference, restaurant, retail, recreational, and spa facilities,
and other amenities and improvements.
Conditions. Covenants and Restrictions. The Developer shall prepare and
submit to the City CC&R's governing the Project, including the condominium portion of
the Project. The CC&R's must be approved by the Community Development Director and
the City Attorney and recorded against the Property in the Riverside County Recorder's
Office prior to the issuance of a certificate of occupancy for the Project or any portion
thereof. All CC&R's shall include the following provisions:
The CC&R's shall specifically include the provisions of Section 4.8
and 4.9 of this Agreement and shall incorporate by reference the terms of this
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ORDINANCE NO. �15s
Agreement and the Disposition and Development Agreement for the Property adopted
on the same date as this Agreement.
The CC&R's shall give the approved Hotel Manager the right,
power and obligation to enforce the Four Star Hotel Standards including, without
limitation, the right to enter any portion of the hotel and condominium units, and any
individual condominium units upon sale or assignment of the Unit, to cure any failure to
meet the Four Star Hotel Standards. The Hotel Manager shall provide transient rental
services to all owners of the condominium units. The CC&Rs shall provide that the Unit
Owners shall assign their units to the Hotel Manager for the purposes of rental to
transient guests when not being used for Personal Use.
The CC&R's shall give the Hotel Manager the exclusive right to
provide to the condominium hotel, the property, and to unit owners, lessees and other
occupants, any or all "on propert�' services commonly provided at Four-Star Hotels,
restaurants and resorts, including without limitation, reservation programs, maid and
housekeeping services, maintenance, laundry and dry cleaning, room service, catering
and other food and beverage services, massage, personal training and other spa
services. The use of such services, if offered, shall be conditioned upon payment of
such charges or fees as may be imposed on unit owners or hotel guests by the Hotel
Manager. Unit owners shall be required to enter into a unit maintenance agreement with
the Hotel Manager, to be approved by the Director of Communiry Development.
The CC&R's shall for the authority, but not the obligation, of the City
to enforce, in its discretion, the provisions of the Development Plan and this Agreement.
Subject to applicable California general law and Department of Real
Estate regulations, the CC&R's shall provide that the obligation to pay the Transient
Occupancy Tax shall constitute a lien by the City on the units for the amount owed,
including any permitted penalties or interest, and that the City shall have the right, but not
the duty, to foreclose on any such liens through equitable or legal proceedings.
The CC&R's shall provide that they shall not be amended without the
prior written approval of the Director of Community Development.
Completion of Hotel and Condo-Hotel Components of Proiect. Developer
shall complete construction of the hotel component of the Project prior to or concurrently
with completion of construction of the condominium component of the Project. The City
shall not issue a certificate of occupancy for the condominium component of the Project,
or any part thereof, until the hotel component of the Project is completed and eligible for
an unrestricted certificate of occupancy from the City and all other applicable
requirements for issuance of a certificate of occupancy for the condominium component
of the Project have been fulfilled.
Art in Public Places. The City and Developer desire to cooperate with each other
to secure the introduction and integration of public art into the Project for the purpose of
enhancing the image of the City and the Project. Developer shall, at the request of the
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ORDINANCE NO. 1158
Ciry, provide such easements upon the Property as may be reasonably required for the
installation and maintenance of such public art. The location of such easements shall
be mutually approved by the City and Developer. In addition to providing such
easements as may be reasonably required for the installation and maintenance of such
public art, Developer shall pay to the City in lieu art fees at the time of and in
connection with the development of the Property, or portions thereof, in accordance
with the fee levels and other payment and procedural requirements of Chapter 4.10 of
the Municipal Code of the City lawfully imposed at the time of development of the
Properry, or portions thereof.
Periodic Review of Compliance. In accordance with Govt. Code Section 65865.1,
the Department of Communiry Development/Planning Staff shall review this Agreement
at least each calendar year during the term of this Agreement. At such periodic
reviews, Developer must demonstrate its good faith compliance with the terms of this
Agreement. Developer agrees to furnish such evidence of good faith compliance as the
City, and after reasonable exercise of its discretion and after reasonable notice to
Developer, may require.
Permitted Delays; Supersede bv Subseauent Laws.
Permitted Delays. In addition to any other provisions of this Agreement with
respect to delay, Developer and City shall be excused from performance of their
obligations hereunder during any period of delay caused by acts of mother nature, civil
commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or
supplies, or damage to or prevention of work in process by reason of fire, floods,
earthquake, or other casualties, litigation, acts or neglect of the other party, any
referendum elections held on the Enacting Ordinance, or the Land Use Ordinances, or
any other ordinance effecting the Project or the approvals, permits or other entitlements
related thereto, or restrictions imposed or mandated by governmental or quasi-
governmental entities, enactment of conflicting provisions of the Constitution or laws of
the United States of America or the State of California or any codes, statutes, regulations
or executive mandates promulgated thereunder (collectively, "Laws") , orders of courts of
competent jurisdiction, or any other cause similar or dissimilar to the foregoing beyond the
reasonable control of City or Developer, as applicable. Each parry shall promptiy notify
the other party of any delay hereunder as soon as possible after the same has been
ascertained. The time of performance of such obligations shall be extended by the period
of any delay hereunder.
Supersedure of Subseauent Laws or Judicial Action. The provisions of this
Agreement shall, to the extent feasible, be modified or suspended as may be necessary
to comply with any new Law or decision issued by a court of competent jurisdiction (a
"Decision"), enacted or made after the Effective Date which prevents or precludes
compliance with one or more provisions of this Agreement. Promptly after enactment of
any such new Law, or issuance of such Decision, the parties shall meet and confer in
good faith to determine the feasibility of any such modification or suspension based on
the effect such modification or suspension would have on the purposes and intent of this
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ORDINANCE NO. 1�58
Agreement. In addition, Developer and City shall have the right to challenge the new Law
or the Decision preventing compliance with the terms of this Agreement. In the event that
such challenge is successful, this Agreement shall remain unmodified and in full force
and effect, except that the Term shall be extended, in accordance with Section 7.1 above,
for a period of time equal to the length of time the challenge was pursued.
Events of Default; Remedies; Termination.
Events of Default. Subject to any extensions of time by mutual consent in
writing, and subject to the provisions of Section 7.1 above regarding permitted delays, the
failure of either party to perform any material term or provision of this Agreement shall
constitute an event of default hereunder ("Event of DefaulY') if such defaulting party does
not cure such failure within ninety (90) days following receipt of written notice of default
from the other party; provided, however, that if the nature of the default is such that it
cannot be cured within such ninety (90) day period, the commencement of the cure within
such ninety (90) day period and the diligent prosecution to completion of the cure shall be
deemed to be a cure within such period. Any notice of, default given hereunder shall
specify in detail the nature of the alleged Event of Default and the manner, if any, in which
such Event of Default may be satisfactorily cured in accordance with the terms and
conditions of this Agreement. During the time periods herein specified for cure of a failure
of performance, the party charged therewith shall not be considered to be in default for
purposes of termination of this Agreement, institution of legal proceedings with respect
thereto, or issuance of any permit, map, certificate of occupancy, approval or entitlement
with respect to the Project.
Remedies. Upon the occurrence of an Event of Default, the nondefaulting
party shall have such rights and remedies against the defaulting party as it may have at
law or in equity, including, but not limited to, the right to terminate this Agreement or seek
mandamus, specific performance, injunctive or declaratory relief but not the right to
damages. Notwithstanding the foregoing and except as otherwise provided in Section 8.4
hereof, if either Developer or City elects to terminate this Agreement as a result of the
occurrence of an Event of Default, such proceeding of termination shall constitute such
party's exclusive and sole remedy, and with respect to such election City and Developer
hereby waive, release and relinquish any other right or remedy otherwise available under
this Agreement or at law or equity.
Waiver; Remedies Cumulative. Failure by a party to insist upon the strict
performance of any of the provisions of this Agreement by the other party shall not
constitute waiver of such party's right to demand strict compliance by such other parry in
the future. All waivers must be in writing to be effective or binding upon the waiving party,
and no waiver shall be implied from any omission by a party to take any action with
respect to such Event of Default. No express written waiver of any Event of Default shall
affect any other Event of Default, or cover any other period of time specified in such
express waiver.
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ORDINANCE NO. 1158
Effect of Termination. Termination of this Agreement by one party due to
the other party's default, or as a result of the exercise of the right of termination provided
to the Developer under Section 8.2 hereof, shall not affect any right or duty emanating,
from any approvals, permits, certificates or other entitlements with respect to the Property
or the Project which were issued, approved or provided by the City prior to the date of
termination of this Agreement. If City terminates this Agreement because of Developer's
default, then City shall retain any and all benefits, including money, land or improvements
conveyed to or received by the City prior to the date of termination of this Agreement,
subject to any reimbursement obligations of the City. If Developer terminates this
Agreement because of Ciry's default, or as a result of the exercise of the right of
termination provided to the Developer under Section 8.2 hereof, then Developer shall be
entitled to all of the benefits arising out of, or approvals, permits, certificates or other
entitlements, on account of, any Exactions paid, given or dedicated to, or received by,
City prior to the date of termination of this Agreement. Except as otherwise provided in
this Section 8.4, all of the rights, duties and obligations of the parties hereunder shall
otherwise cease as of the date of the termination of this Agreement.
If this Agreement is terminated pursuant to any provision hereof, then the City
shall, after such action takes effect, cause an appropriate notice of such action to be
recorded in the official records of the Counry of Riverside. The cost of such recordation
shall be borne by the party causing such action.
Third Party Actions. Any court action or proceeding brought by any third
party to challenge this Agreement or any permit or approval required from City or any
other governmental entity for development or construction of all or any portion of the
Project, whether or not Developer is a party defendant to or real parry defendant in
interest in such action or proceeding, shall constitute a permitted delay under Section 7.1.
Encumbrances on Propertv.
Discretion to Encumber. The parties hereto agree that this Agreement shall
not prevent or limit Developer, in any manner, at Developer's sole discretion, from
encumbering the Property or any portion thereof or any improvements thereon with any
mortgage, deed oi trust or other security device ("Mortgage") securing financing with
respect to the Property. The City acknowledges that the lenders providing such financing
may require certain modifications to this Agreement, and the City agrees upon request,
from time-to-time, to meet with Developer and/or representatives of such lenders to
negotiate in good faith any such request for modification. City further agrees that it will not
unreasonably withhold its consent to any such requested modification.
Mortqape Protection. This Agreement shall be superior and senior to the
lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and
for value, and any acquisition or acceptance of title or any right or interest in or with
respect to the Site or any portion thereof by a Mortgagee (whether pursuant to a
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ORDINANCE NO. 1158
Mortgage, foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise) shall be
subject to all of the terms and conditions of this Agreement.
Mortgaqee Not ObliQated. Notwithstanding the provisions of Section 9.2, no
Mortgagee will have any obligation or duty under this Agreement to perform the
obligations of Developer or other affirmative covenants of Developer hereunder, or to
guarantee such performance, except that to the extent that any covenant to be performed
by Developer is a condition to the performance of a covenant by City, the performance
thereof shall continue to be a condition precedent to City's performance hereunder.
Estoppel Certificates. Either party may, at any time, and from time to time,
deliver written notice to the other party requesting such party to certify in writing that, to
the knowledge of the certifying party, (i) this Agreement is in full force and effect and a
binding obligation of the parties, (ii) this Agreement has not been amended or modified, or
if so amended or modified, identifying such amendments or modifications, and (iii) the
requesting party is not in default in the performance of its obligations under this
Agreement, or if in default, describing therein the nature and amount of any such defaults.
A party receiving a request hereunder shall execute and return such certificate within
thirty (30) days following the receipt thereof ciry acknowledges that a certificate hereunder
may be relied upon by transferees, assignees and lessees of the Developer and the
holders of any Mortgage.
Transfers and Assignments: Effect of Aqreement on Title.
Rights and Interests Apqurtenant. The rights and interests conveyed as
provided herein to Developer benefit and are appurtenant to the Property. Developer has
the right to sell, assign and transfer any and all of its rights and interests hereunder and to
delegate and assign any and all of its duties and obligations hereunder. Such rights and
interests hereunder may not be sold, transferred or assigned and such duties and
obligations may not be delegated or assigned except in compliance with the following
conditions:
Said rights and interests may be sold, transferred or assigned only
together with and as an incident of the sale, lease, transfer or assignment of the
portions of the Property to which they relate, including any transfer or assignment
pursuant to any foreclosure of a Mortgage or a deed in lieu of such foreclosure.
Following any such sale, transfer or assignment of any of the rights and interests of
Developer under this Agreement, the exercise, use and enjoyment thereof shall
continue to be subject to the terms of this Agreement to the same extent as if the
purchaser, transferee or assignee, were Developer hereunder.
Covenants Run with Land.
All of the provisions, agreements, rights, powers, standards, terms,
covenants and obligations contained in this Agreement shall be binding upon the
parties and their respective heirs, successors (by merger, consolidation, or otherwise)
and assigns, devisees, lessees, and all other persons acquiring any rights or interests in
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ORDINANCE NO. 1158
the Property, or any portion thereof, whether by operation of laws or in any manner
whatsoever, and shall inure to the benefit of the parties and their respective heirs,
successors (by merger, consolidation or otherwise) and assigns;
All of the provisions of this Agreement shall be enforceable as
equitable servitudes and constitute covenants running with the land pursuant to
applicable law;
Each covenant to do or refrain from doing some act on the
Property hereunder (A) is for the benefit of and is a burden upon every portion of the
Property, (B) runs with such lands, and (C) is binding upon each party and each
successive owner during its ownership of the Property or any portions thereof, and shall
benefit each party and its lands hereunder, and each such other person or entity
succeeding to an interest in such lands�
Notices. Any notice to either party shall be in writing and given by delivering the
same to such party in person or by sending the same by registered or certified mail,
return receipt requested, with postage prepaid, to the following addresses:
If to City:
City Clerk of the City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
If to Developer:
Larkspur Associates LLC
73626 Highway 111
Palm Desert, CA 92260
Either party may change its mailing address at any time by giving written notice of such
change to the other party in the manner provided herein. All notices under this
Agreement shall be deemed given, received, made or communicated on the date
personal delivery is affected or, if mailed, on the delivery date or attempted delivery
date shown on the return receipt.
Indemnification.
Developer's Obliqation. Developer will defend, indemnify and hold the Ciry
and its elected officials, officers and employee free and harmless from any loss, cost or
liability (including, without limitation, liability arising from injury or damage to persons or
property, including wrongful death and worker's compensation claims) which results from
(i) any obligation which arises from the development of the Property including, without
limitation, obligations for the payment of money for material and labor; (ii) any failure on
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ORDINANCE NO. 1�ss
the part of Developer to take any action which he is required to take as provided in this
Agreement; (iii) any action taken by Developer which he prohibited from taking as
provided in this Agreement and (iv) any claim which results from any willful or negligent
act or omission of Developer.
12.2 Environmental Assurances. Developer shall indemnify and hold
the city, its officers, agents and employees free and harmless from any liability deriving
from the City's execution or performance of this Agreement, based or asserted, upon
any act or omission of Developer, its officers, agents, employees, contractors,
subcontractors and independent contractors for any violation of any federal, state or
local law, ordinance or regulation relating to hazardous or toxic materials, industrial
hygiene, or environmental conditions created by Developer or its officers, agents or
employees, contractors, subcontractors and independent contractors after the Effective
Date on, under which the Properry, including, but not limited to soil and groundwater
conditions, and Developer shall defend, at its expense, including attorneys fees, the
City its officers, agents and employees in any action based or asserted upon any such
alleged act or omission. The City may in its discretion participate in the defense of any
such action. The provisions of this Section shall survive the termination or expiration of
this Agreement.
Miscellaneous
Relationshiq of Parties. It is understood that the Project is a private
development, that neither party is acting as the agent of the other in any respect
hereunder, and that each party is an independent contractor. It is further understood that
none of the terms or provisions of this Agreement are intended to or shall be deemed to
create a partnership, joint venture or joint enterprise between the parties hereto.
Consents. Unless otherwise herein provided, whenever approval, consent,
acceptance or satisfaction (collectively, a "consenY') is required of a party pursuant to this
Agreement, it shall not be unreasonably withheld or delayed. Unless provision is
otherwise specified in this Agreement or otherwise required by law for a specific time
period, consent shall be deemed given within thirry (30) days after receipt of the written
request for consent, and if a party shall neither approve nor disapprove within such thirty
(30) day period, or other time period as may be specified in this Agreement or otherwise
required by law for consent, that party shall then be deemed to have given its consent. If
a party shall disapprove, the reasons therefor shall be stated in reasonable detail in
writing. This Section does not apply to development approvals by the City.
Not a Public Dedication. Except as otherwise expressly provided herein,
nothing herein contained shaN be deemed to be a gift or dedication of the Property, or of
the Project or any portion thereof, to the general public, for the general public, or for any
public use or purpose whatsoever, it being the intention and understanding of the parties
that this Agreement be strictly limited to and for the purposes herein expressed for the
development of the Project as private property.
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ORDINANCE NO. 1158
Severabilitv. If any term, provision covenant or condition of this Agreement
shall be determined invalid, void or unenforceable by judgment or court order, the
remainder of this Agreement shall remain in full force and effect, unless enforcement of
this Agreement as so invalidated would be unreasonable or grossly inequitable under aN
the relevant circumstances or would frustrate the purposes of this Agreement.
Exhibits. The foliowing Exhibits, to which reference is made herein, are
deemed incorporated into this Agreement in their entirety by reference thereto:
Exhibit A Description of Project
Exhibit B Legal Description of the Property
Entire Aareement. This written Agreement and the Exhibits hereto contain
all the representations and the entire agreement between the parties with respect to the
subject matter hereof. Except as otherwise specified in this Agreement and the Exhibits
hereto, any prior correspondence, memoranda, agreements, warranties or
representations are superseded in total by this Agreement and Exhibits hereto.
Governinp Law; Construction of Agreement. This Agreement, and the
rights and obligations of the parties, shall be governed by and interpreted in accordance
with the laws of the state of California. The provisions of this Agreement and the Exhibits
hereto shall be construed as a whole according to their common meaning and not strictly
for or against any parry and consistent with the provisions hereof, in order to achieve the
objectives and purposes of the parties hereunder. The captions preceding the te� of
each Section, subsection and the Table of Contents hereof are included only for
convenience of reference and shall be disregarded in the construction and interpretation
of this Agreement. Wherever required by the context, the singular shall include the plural
and vice versa, and the masculine gender shall include the feminine or neuter genders, or
vice versa.
Sianature Paaes. For convenience, the signatures of the parties of this
Agreement may be executed and acknowledged on separate pages which, when
attached to this Agreement, shall constitute this as one complete Agreement.
Time. Time is of the essence of this Agreement and of each and every
term and condition hereof.
Prevailinq Party's Attorney's Fees and Costs. If any party to this Agreement
shall fai! to perform any of its obligations hereunder, or if a dispute arises with respect to
the meaning or interpretation of any provision hereof or the performance of the
obligations of any party hereto, the defaulting party or the party not prevailing in such
dispute, as the case may be, shall promptly pay any and all costs and expenses
(including without limitation, all court costs and reasonable attorneys' fees and expenses)
incurred by the other party with respect to such to such dispute or in enforcing or
establishing its rights hereunder. Notwithstanding the foregoing, City shall not be required
to pay any costs or expenses (including without limitation, reasonable attorneys' fees and
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ORDINANCE NO. l�ss
expenses) which Developer may incur in respect of any hearing held pursuant to Section
7 hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date and year first above written.
DEVELOPER:
LARKSPUR ASSOCIATES, LLC, a
California limited liability company
By:
Name:
Title:
By:
Name:
Title:
CITY:
CITY OF PALM DESERT,
CALIFORNIA, a municipal corporation
organized and existing under the laws of
the State of California
By:
Mayor
Attest:
Rachelle Klausen, City Clerk
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ORDINANCE NO. �1�8
State of California }
}
County of Riverside }
On , before me,
, a notary public, personally appeared
who 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 to me 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
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ORDINANCE NO. lis8
State of California }
}
County of Riverside }
On , before me,
, a notary public, personally appeared
who 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 to me 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
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ORDINANCE NO. 1158
EXHIBIT "A"
DEVELOPMENT PLAN/PROJECT DESCRIPTION
The Development Plan and Project Description shall consist of the following:
1. The Developer shall develop, build and operate a Four-Star boutique hotel
with a maximum of 154 units/keys consisting of two fully integrated components: (1) a
three-story Four Star boutique hotel with one hundred six (106) hotel rooms; and (2) a
two-story condominium project consisting a maximum of sixteen (16) condominium hotel
suites each with three (3) bedroom lockout rooms (forty-eight keys maximum) as
specifically described the City's approvals of DA 07-02, PP 07-11 and CUP 07-14, and
the site plans approved therein.
2. The maximum number of keys for the Project shall be one hundred fifty four
(154). The Project also includes a two hundred three (203) underground parking spaces,
a restaurant area, gift shop, conference and meeting rooms, spa, and amenities including
a roof deck pool and bar, roof deck garden and roof deck patios on eleven (11) of the
sixteen (16) condominium hotel units.
3. Subsequent land use approvals in accordance with the terms of this
Development Agreement.
4. The Project is located at 45-400 Larkspur Lane, Palm Desert, California,
APNs 627-262-008 and 627-262-011.
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ORDINANCE NO. ilss
EXHIBIT "B"
LEGAL DESCRIPTION OF PROPERTY
ALL OF LOTS 6 AND 7, A PORTION OF LOT 1 AND A PORTION OF LOT 5 IN
BLOCK Q OF PALM DESERT UNIT NO. 1, AS PER MAP RECORDED IN BOOK 21,
PAGES 50 TO 54 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 7; THENCE ON THE
EASTERLY LINE OF SAID LOT 7 AND ITS SOUTHERLY PROLONGATION, SOUTH
0°08'35" EAST, 400.00 FEET TO THE NORTHERLY LINE OF SHADOW MOUNTAlN
DRIVE, 60.00 FEET WIDE; THENCE ON SAID NORTHERLY LINE, 500 SOUTH
89°44'35" WEST, 199.96 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE
NORTHWESTERLY ON SAID CURVE THROUGH A CENTRAL ANGLE OF 90°06'S0",
A DISTANCE OF 31.46 FEET TO THE EASTERLY LINE OF LARKSPUR LANE, 60
FEET WIDE; THENCE TANGENT TO SAID CURVE AND ON THE EASTERLY LINE,
NORTH 00°08'35" WEST, 379.96 FEET TO THE NORTHWEST CORNER OF SAID
LOT 7; THENCE ON THE NORTHERLY LINE OF SAID LOT 7, NORTH 8944'35"
EASTER, 62.11 FEET; THENCE LEAVING SAID NORTHERLY LINE, NORTH
66°04'S5" EAST, 96.85 FEET; THENCE NORTH 73°15'25" EAST, 36.83 FEET;
THENCE SOUTH 13°49'41" EAST, 19.88 FEET; THENCE SOUTH 12°31'53" WEST,
30.76 FEET TO THE AFOREMENTIONED NORTHERLY LINE OF LOT 7; THENCE
ON SAID NORTHERLY LINE, NORTH 89°44'35" EAST, 36.01 FEE TO THE POINT OF
BEGINNING.
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RESOLUTION NO. 08-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVAL OF A PRECISE PLAN OF DESIGN,
CONDITIONAL USE PERMIT, AND MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW THE
CONSTRUCTION OF A NEW THREE-STORY 106-ROOM BOUTIQUE
HOTEL AND A TWO-STORY CONDOMINUM UNIT INCLUDING
SIXTEEN 3-BEDROOM LOCKOUT ROOMS (48 KEYS MAXIMUM)
TOTALING A MAXIMUM OF 154 UNITS/KEYS. THE PROJECT
INCLUDES 203 UNDERGROUND PARKING SPACES, A RESTAURANT
AREA, GIFT SHOP, CONFERENCE AND MEETING ROOMS, SPA, AND
AMENITIES INCLUDING A ROOF DECK POOL AND BAR, ROOF DECK
GARDEN AND ROOF DECK PATIOS ON 11 OF THE 16
CONDOMINIUM UNITS. THE PROJECT IS LOCATED AT 45-400
LARKSPUR LANE, ALSO KNOWN AS APNS 627-262-008 AND 627-262-
011.
CASE NOS: PP 07-11, AND CUP 07-14
WHEREAS, the City Council the City of Palm Desert, California, did on the 26"'
day of June 2008, hold a duly noticed public hearing to consider the request by the
LARKSPUR ASSOCIATES, LLC. for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 20�' day of May 2008, hold a duly noticed public hearing to consider the said
request and by its Resolution No. 2477 recommended approval of PP/CUP 08-10; and
WHEREAS, said application has complied with the requirements of the "Ciry of
Palm Desert Procedure for Implementation of the California Environmental Quality AcY',
Resolution No. 06-78, the Director of Community Development has determined that the
project will not have a negative impact on the environment and a Mitigated Negative
Declaration has been prepared for adoption, and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council
did find the following facts and reasons to exist to justify approval of said request:
Precise Plan/Conditional Use Permit:
1. The proposed location of the project is in accordance with the objectives
of the Zoning Ordinance and the purpose of the district in which the site is
located.
The project is located in a C-1 General Commercial zone and R-3 Multiple
Family zone. Both zoning districts allow hotel development with a
Conditional Use Permit. The purpose of the C-1 zone is to provide the City
RESOLUTION NO. os-bo
with a core area of specialty and general commercia/ shopping facilities
which are inherent within a resort community. Hotel developments are
allowed with a Conditional Use Permit to support the commercial uses
within a resort communiry, therefore the proposed project is in accordance
with the objectives of the C-1 zone.
The purpose of the R-3 zone is to provide suitable area for residents to
live in a variety of housing types at high population densities consistent
with sound standards of public health and safety. Historically the R-3
properties soufh of EI Paseo, between Highway 74 and Deep Canyon
Drive have been a transitional land use area between the Ciry's
commercial core (Highway 111 and EI Paseo) and south Palm Desert's
single-family neighborhood. These properties consist of hote/s,
apartments, condominiums, medical and general office uses. The zone
allows hotel development with a Conditional Use Permit as a transitional
land use between the City's commercial core and single-family
neighborhoods; therefore the proposed project is in accordance with the
objectives of the R-3 zone.
2. The proposed location of the project and the conditions under which it will
be operated and maintained will not be detrimental to the public health,
safety or general welfare, or be materially injurious to properties or
improvements in the vicinity.
The proposed hotel use is consistent with the intent of the City's Zoning
Ordinance as described above. The project has been conditioned to
address public health and safety and will require permits from the City's
Building and Safety Department, Finance Department, Riverside County
Fire Marshal, as well as other loca/ agencies. The project wil/ not be
detrimental to the public inferest, health, safety, we/fare and will not be
materially injurious to properties or improvements in the vicinity.
An environmental assessmenf leading to a Mitigated Negative Declaration
has been prepared that concludes that there will be no adverse
environmental effects.
3. The proposed project will comply with each of the applicable provisions of
this Title 25 (Zoning).
The proposed use is consistent with the intent of the Zoning Ordinance
and will comply with the General Commercial (C-1) and Residential
Mu/tiple Family (R-3) zones. Addifionally, conditions have been added to
the projecf to ensure thai all the minimum requiremenfs of the Palm
Desert Municipa/Code are met.
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RESOLUTION NO. os-bo
4. The proposed project complies with the goals, objectives, and policies of
the Ciry's adopted General Plan.
The proposed project is consistent with City's General Plan Commercial
Core Area goal, objectives and policies by promoting sustainable
economic benefits to the City and Redevelopment Agency on EI Paseo,
as well as keeping EI Paseo a unique, pedestrian-oriented high-end retail
shopping district.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the City Council in this case.
2. That the City Council does hereby approve Precise Plan 07-11 and
Conditional Use Permit 07-14, subject to conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Ciry Council, held on this 26th day of June 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, Mayor
ATTEST:
RACHELLE KLASSEN, City Clerk
City of Palm Desert, California
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RESOLUTION NO. 08-60
CONDITIONS OF APPROVAL
CASE NOS. PP 07-11, AND CUP 07-14
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community Development/Planning, as modified by the
following conditions.
2. 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 safery at the time of issuance of a
building permit for the use contemplated herewith.
3. Applicant agrees to maintain the landscaping required to be installed pursuant to
these conditions. 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.
4. Access to trash/service areas shall be placed so as not to conf{ict with parking
areas. Said placement shall be approved by applicable waste company and
Department of Community Development and shall include a recycling program.
5. The project shall comply with the Energy Efficiency Standards, Ordinance No.
1124.
6. All sidewalk plans shall be reviewed and approved by the department of public
works.
7. The project is subject to the Art in Public Places program per Palm Desert
Municipal Code Chapter 4.10.
8. In the event that Native American cultural resources are discovered during
project developmenUconstruction, all work in the immediate vicinity of the find
shall cease and a qualified archaeologist meeting Secretary of Interior standards
shall be hired to assess the find. Work on the overall project may continue during
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4
RESOLUTION NO. os-6o
this assessment period. If significant Native American cultural resources are
discovered that require a Treatment Plan, the developer or his archaeologist
shall contact the Morongo Band of Mission Indians. If requested by the Tribe, the
developer or archaeologist shall, in good faith, consult on the discovery and its
disposition (e.g. avoidance, preservation, return, or artifacts to tribe, etc.).
9. The applicant shall salvage the existing Washingtonia sp. Palm trees to be
reused as part of the landscaping for the proposed hotel. The applicant shall
provide a relocation plan to the City's Landscape Specialist. Said plan shall
illustrate how the palm trees will be salvaged, stored and maintained during the
construction, and where they will be incorporated into the hotel landscaping plan.
10. Use of the condominium roof decks, roof spas, and hotel roof deck, roof pool
and service bar shall be prohibited after 8:00 pm Sundays through Thursdays
and after 10:00 am on Fridays and Saturdays.
11. The applicant shall provide an emergency backup generator onsite. The hotel
will be used as a "cooling station" in the event of a power outage in the City of
Palm Desert.
12. The applicant shall provide designated hybrid parking spaces that can be used
for electric vehicles, golf carts and bicycles.
13. The proposed project shall meet the specifications of a Leadership in Energy
and Environmental Design (LEED) Certified Green Building.
14. No outdoor entertainment on the roof deck patios, roof deck pool and service
bar, roof deck garden, and outdoor restaurant dining patio.
15. The applicant shall enter into a Development Agreement that allows a new
boutique hotel totaling 154 units/keys as proposed and described in the site plan.
As part of the project, the hotel will include condominium units totaling 16 suites
with 3-bedroom lockout rooms for a total of 48 keys. The condominium approval
is to allow financial flexibility for the financing purposes of the hotel and the
Development Agreement shall provide a mechanism by which the condominium
approval shall be revenue neutral to the City with respect to payment of
Transient Occupancy Tax (TOT), i.e. the Development Agreement will enable the
ciry to collect TOT from the units in amounts commensurate with the amounts
that would be collected if the hotel were not subdivided into condominiums. The
Agreement will shall stipulate that one hundred (100) percent of the
condominium units must be made available as rental units for hotel guests when
not being used by the unit owner for the unit owner's personal use. A
condominium unit owner shall be allowed to use the unit for no more than two (2)
weeks between November 1 St and May 1 St and for no more than two (2) weeks
between May 2"d and October 31 St without paying the TOT. Every condominium
unit shall be subject to TOT, except for personal use described above, and each
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RESOLUTION NO.os-�o
condominium unit shall be rented for more than twenty nine (29) consecutive
days. No condominium unit shall be used or converted into any form of
permanent residence. No condominium unit shall be used as a timeshare,
factional or other vacation ownership.
16. All conditions of approval shall be recorded with the Riverside County Clerk's
office before any building permits are issued. Evidence of recordation shall be
submitted to the Department of Community DevelopmenUPlanning.
DEPARTMENT OF PUBLIC WORKS:
1. All landscape maintenance shall be performed by the property owner who shall
maintain the landscaping per the Ciry approved landscape document package
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.
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 the 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.
6. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code shall be paid to issuance of grading permit.
7. Storm drain design and construction shall be contingent upon a drainage study
prepared by a registered civil engineer that is reviewed and approved by the
Department of Public Works prior to start of construction.
8. Complete grading and improvement plans and specifications shall be submitted
to the Director of Public Works for checking and approval prior to issuance of
any permits.
9. Any and all offsite improvements shall be preceded by the approval of plans and
the issuance of valid encroachment permits by the Department of Public Works.
10. Pad elevations are subject to review and modification in accordance with
Chapter 26 of the Palm Desert Municipal Code.
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RESOLUTION NO. os-bo
11. Landscape installation shall be drought tolerant in nature and in accordance with
the City's Water Efficient Landscape Ordinance (24.04).
12. Landscape plans shall be submitted for review concurrently with grading plans.
13. Full public improvements, as required by Section 26 of the Palm Desert
Municipal Code, shall be installed in accordance with applicable City standards
including:
• Installation of a 6-foot sidewalk along Shadow Mountain Drive and
Larkspur Lane
Rights-of-way necessary for the installation of the above referenced
improvements shall be dedicated to the ciry prior to the issuance of any permits
associated with this project.
14. All public and private improvements shall be inspected by the Department of
Public Works and no Certification of Completion shall be granted until the
improvements have been completed.
15. Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management
and Discharge Control.
16. 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 Counry Flood Control District for informational materials.
17. Entrance aisles to the underground parking area shall be a minimum of 24 feet in
width with 2 feet clear on each side for a total of 28 feet, widening to 34 feet
and/or a combination that achieves an acceptable turning radius on the ramp
landings.
18. Parking stalls depths and aisles widths shall be adjusted to meet the minimum
City development standards.
Riverside Countv Fire Department:
1. With respect to the conditions of approval regarding the above referenced
project, the Fire Department recommends the following fire protection measures
be provided in accordance with City Municipal Codes, NFPA, UFC and UBC, or
any recognized fire protection standards.
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RESOLUTION NO. os-bo
The Fire Department is required to set a minimum fire flow for the remodel or
construction of all buildings per UFC article 87.
2. A fire flow of 1500 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 fire flow
of 3000 gpm for commercial buildings.
4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2-
1/2"x2-1/2", located not less than 25' nor more than 150' feet from any portion of
a commercial building 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 connections 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 UBC Chapter 9.
8. Install a fire alarm system as required by the UBC Chapter 3.
9. Install portable fire extinguishers per NFPA 10, but not less than one 2A106C
extinguisher per 3000 square feet and not over 75' walking distance. A "K" type
fire extinguisher is required in all commercial kitchens.
10. All buildings shall be accessible by an all-weather roadway extending to within
150' of all portions of the exterior walls of the first story. The roadway shall 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 turn-around 55' in industrial
developments.
11. Whenever access into private properry 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".
12. A second access is required. This can be accomplished by two main access
points from the main roadway or an emergency gate from an adjoining property.
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RESOLUTION NO. os-6o
13. All buildings shall have illuminated addresses of a size approved by the city.
14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately to the Fire Marshal for approval prior to construction.
15. Conditions subject to change with adoption of new codes, ordinances, laws or
when building permits are not obtained within 12 months.
16. Standpipes required in courtyard, roof and all stairways per CBC.
17. Sprinkler required in underground parking per CBC CFC.
18. Full fire alarm system required per CBC.
19. Fire Department Emergency Access shall remain per plan.
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9
RESOLUTION NO. os-bo
EXHIBIT "A"
MITIGATED NEGATIVE DECLARATION
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
CASE NOS: DA 07-02, PP 07-11, AND CUP 07-14
APPLICANT/PROJECT SPONSOR:
Larkspur Associates, LLC.
73-626 Highway 111
Palm Desert, CA 92260
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
PROJECT DESCRIPTION/LOCATION:
A Development Agreement, Precise Plan of design, Conditional Use Permit, and
Mitigated Negative Declaration of Environmental Impact to allow the construction of a new
three-story 106-room boutique hotel and two-story condominium unit including sixteen 3-
bedroom lockout rooms (48 keys maximum) totaling a maximum of 154 units/keys. The
project includes 203 underground parking spaces, a restaurant area, gift shop,
conference and meeting rooms, spa, and amenities including a roof deck pool and bar,
roof deck garden and roof deck patios on 11 of the 16 condominium units. The project is
located at 45-400 Larkspur Lane, also known as APNs 627-262-008 and 627-262-011.
The Director of the Department of Community Development, City of Palm Desert,
California, has found that the described project will not have a significant effect on the
environment. A copy of the Initial Study has been attached to document the reasons in
support of this finding. Mitigation measures, if any, included in the project to avoid
potentially significant effects, may also be found attached.
LAURI AYLAIAN DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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10
CITY Of Pfll �l DESERT
73-510 FRED WARING DRIVF
PALM DESER7',CALIFORNIA q2260-2578
Tet.:76o ;46-06��
Fnx:76o 34i-7o98
info@palm-desen.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NOS: DA 07-02, PP 07-11, CUP 07-14
NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND
NOTICE OF AVAILABILITY FOR PUBLIC REVIEW FOR THE LARKSPUR 154-ROOM
BOUTIQUE HOTEL PROJECT LOCATED IN THE CITY OF PALM DESERT,
CALIFORNIA
NOTICE IS HEREBY G(VEN that a public hearing wiH be held before the Palm Desert City
Council to consider a request by Larkspur Associates, LLC. for approval of a Development
Agreement, Precise Plan of design, and a Conditional Use Permit to allow the construction of a
new three-story 106-room boutique hotel and two-story 16-condominum units including 3-
bedroom lockout rooms (48 keys maximum)totaling a maximum of 154 units/keys. The project
includes 203 underground parking spaces,a restaurant and bar area,gift shop, conference and
meeting rooms, spa, and amenities including a roof deck pool and bar, roof deck garden and
roof deck patios on 11 of the 16 condominium units. The project is located at 45-400 Larkspur
Lane.
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SAID public hearing will be held on Thursday,June 26 2008,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 concerning
all items covered by this public hearing notice shall be accepted up to the date of the hearing.
Information concerning the proposed project and/or negative declaration is available for review in
rho nA.,a�,,,A„r�t rnrr,r„�mitv nPvalnnmPnt at the above address between the hours of 8:00 a.m.
ENVIRONMENTAL CHECKLIST FORM
1. Project Title: L,/�jei�'s�2 ,$GV71�l�E �L
2. Lead Agency Name and Address:
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3. Contact Person and Phone Number: �NY ��il�r'i�9?D �7GO�.3� •OG/l aC 4��
4. Project Locarion: �• �YGb G�/1.E�SP!/� Gi'�'/l/�
5. Project Sponsor's Name and Address:
Li9,Q,�.S�2 .assa�c��s, LLC.
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6. General Plan Designation: L�-G �Ir' .Q-h� 7. Zoning: L'-/ d .P-3
8. Descriprion of Project: (Describe the whole action involved, including but not limited to later phases of the project,
and any secondary, support,or off-site features necessary for its implementation. Attach addirional sheet(s)if
necessary.)
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9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.)
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10. Other public agencies whose approval is required(e.g.,pemuts,financing approval, or participation agreement):
�/�E !YlAdS'h�i�G i Cl�/vx7� 6f//L,�Y/[�� /�I�l„� S�i�?� �!/aUC {�/2�.�j
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that
is a"Potentially Significant Impact"as indicated by the checklist on the following pages.
� Aestherics (� Agriculture Resources � Air Quality
� Biological Resowces � Cultural Resources � Geology/Soils
� Hazards&Hazardous Materials � Hydrology/Water Quality � Land Use/Planning
� Mineral Resources � Noise � Population/Housing
� Public Services � Recreation � Transportarion/Traffic
� Utilities/Service Systems � Mandatory Findings of Significance
CI'I'Y(STANDARD)�SACV"iB�2006�22628.1 Page l of 15 FOR��1"J'�
DETERMINATION(To be completed by the Lead Agency): .
On the basis of this inirial evaluarion:
� I fmd that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE
DECLARATION will be prepared.
� I find that although the proposed project could have a significant effect on the environment,there will not be a
significant effect in this case because revisions in the project have been made by or agreed to by the project
proponent.A MITIGATED NEGATIVE DECLARATION will be prepared.
� I fmd that the proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL
IMPAC'T REPORT is required.
� I find that the proposed project MAY have a"potentially significant" or"potenrially significant unless mitigated"
impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant
to applicable legal standards,and 2)has been addressed by mitigarion measures based on the earlier analysis as
described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the
effects that remain to be addressed.
� I find that although the proposed project could have a significant effect on the environment,because all potenrially
significant effects(a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to
applicable standards,and(b)have been avoided or mirigated pursuant to that earlier EIR or NEGATIVE
DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project,nothing
further is required.
/�A�P/L /7, ZO�B
S ignature Date
O�Y� C�Oi f� 7�.�E.e'T
Printed Name For
EVALUATION OF ENVIRONMENTAL IMPACTS:
A brief explanation is required for all answers except"No Impact"answers that aze adequately supported by the
inforn�ation sources a lead agency cites in the parentheses following each quesrion. A"No Impact"answer is adequately
supported if the referenced information sources show that the impact simply does not apply to projects like the one
involved(e.g.the projeci falls outside a fault rupture zone). A"No Impact"answer should be explained where it is based
on project-specific factors as well as general standards(e.g.the project will not expose sensitive receptors to pollutants,
based on a project-specific screening analysis).
All answers must take account of the whole action involved,including off-site as well as on-site,cumulative as well
as project-level, indirect as well as direct,and construction as well as operational impacts.
Once the lead agency has determined that a particular physical impact may occur,then the checklist answers must
indicate whether the impact is potentially significant, less than significant with mitigarion,or less than significant.
"Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one
or more "Potentially Significant Impact" entries when the determination is made,an EIR is required.
"Negative Declaration: Less T'han Significant With Mitigation Incorporated"applies where the incorporation of
mitigation measures has reduced an effect from"Potentially Significant Impact"to a"Less than Significant Impact."The
lead agency must describe the mitigation measures,and briefly explain how they reduce the effect to a less than
significant level(mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced).
C'l'fY(STANDARD)�.SACV"I'B12006�22G28.1 Page 2 of I S FORM "1"
Earlier analyses may be used where,pursuant to the tiering,program EIR, or other CEQA process,an effect has been
adequately analyzed in an earlier EIR or negarive declararion. Section 15063(c)(3)(D). In this case,a brief discussion
should identify the following:
a) Earlier Analyses Used. Idenrify and state where they are available for review.
b) Impacts Adequately Addressed. Idenrify which effects from the above checklist were within the scope
of and adequately analyzed in an earlier document pursuant to applicable legal standards,and state
whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are"Less than Significant with Mirigation Measures
Incorporated,"describe the mirigation measures which were incorporated or refined from the earlier
document and the extent to which they address site-specific conditions for the project.
Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts
(e.g.general plans,zoning ordinances). Reference to a previously prepared or outside document should, where
appropriate, include a reference to the page or pages where the statement is substantiated.
Supporting Informarion Sources. A source list should be attached,and other sources used or individuals contacted
should be cited in the discussion.
This is only a suggested form, and lead agencies are free to use dif�'erent formats; however,lead agencies should
normally address the quesrions from this checklist that are relevant to a project's environmental effects in whatever format
is selected.
The explanarion of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question;and
b) the mitigarion measure identified, if any, to reduce the impact to less than significance.
SAMPLE QUESTION
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
AESTHETICS. Would the project:
a) Have a substantial adverse effect on � � � �
a scenic vista?
b) Substantially damage scenic ❑ ❑ � ❑
resources,including,but not limited
to, tress, rock outcroppings,and
historic buildings within a state
scenic highway?
c) Substantially degrade the existing � � � �
visual character or quality of ihe site
and its surroundings?
d) Create a new source of substantial � � � ❑
light or glare which would adversely
affect day or nighttime views in the
area?
C'I fY(S"�ANDAftU)�SACU"f�3�2006�22G28.1 Page 3 of 15 FORM "J"
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
AGRICULTURE RESOURCES. In determining
whether impacts to agricultural resources are
significant environmental effects,lead agencies may
refer to the Califomia Agricultural Land Evaluarion
and Site Assessment Model(1997)prepared by the
California Dept. of Conservation as an oprional model
to use in assessing impacts on agriculhue and
farmland. Would the project:
a) Convert Prime Farmland,Unique � � � �
Farmland,or Farmland of Statewide
Importance(Farmland),as shown on
the maps prepazed pursuant to the
Farmland Mapping and Monitoring
Program of the Califomia Resources
Agency,to non-agricultural use?
b) Conflict with existing zoning for � � � �
agricultural use,or a Williamson
Act contract?
c) Involve other changes in the existing ❑ ❑ ❑ �
environment which,due to their
location or nature,could result in
conversion of Farmland,to non-
agricultural use?
AIR QUALITY. Where available,the
significance criteria established by the applicable air
quality management or air pollution control district
may be relied upon to make the following
deternunations. Would the project:
a) Conflict with or obstruct � � � �
implementation of the applicable air
quality plan?
b) Violate any air quality standard or � � � �
contribute substantially to an
existing or projected air quality
violarion?
c) Result in a cumulatively � � � �
considerable net increase of any
criteria pollutant for which the
project region is nonattainment
under an applicable federal or state
ambient air quality standard
(including releasing emissions
which exceed quantitative
thresholds for ozone precursors)?
CITY 1STA�DARD)`�SACVTB�2006�22628.1 Page 4 of 15 FORN( "1"
Less Than
Significant
Potentially With Less T'han
Significant Mirigation Significant No
Issues: Impact Incorporated Impact Impact
d) Expose sensirive receptors to � � � �
substantial pollutant concentrations?
e) Create objectionable odors affecting ❑ ❑ ❑ �
a substantial number of people?
BIOLOGICAL RESOURCES. Would the
project:
a) Have a substanrial adverse effect, � � � �
either d'uectly or through habitat
modifications,on any species
identified as a candidate,sensitive,
or special status species in local or
regional plans,policies,or
regularions,or by the California
Department of Fish and Game or
U.S.Fish and Wildlife Service?
b) Have a substanrial adverse effect on � � � �
any riparian habitat or other
sensitive natural community
idenrified in local or regional plans,
policies,regularions or by the
California Department of Fish and
Game or U.S. Fish and Wildlife
Service?
c) Have a substantial adverse effect on � � � �
federally protected wetlands as
defined by Section 404 of the Clean
Water Act(including,but not
limited to,marsh,vernal pool,
coastal,etc.)through direct removal,
filling,hydrological interruption,or
other means?
d) Interfere substantially with the � � � �
movement of any native resident or
migratory fish or wildlife species or
with established narive resident or
mi,gratory wildlife corridors,or
impede the use of native wildlife
nursery sites?
e) Conflict with any local policies or ❑ ❑ ❑ �
ordinances protecting biological
resources,such as a tree
preservation policy or ordinance?
C'ITY(S I'AtiDARU)�.SACU18�2006�22628.1 Page 5 of 15 FORM"J"
Less"Than .
Significant
Potentially With Less Than
Significant Mirigation Significant No
Issues: Impact Incorporated Impact Impact
� Conflict with the provisions of an ❑ ❑ ❑ �
adopted Habitat Conservarion Plan,
Natural Community Conservation
Plan,or other approved local,
regional,or state habitat
conservation plan?
CULTURAL RESOURCES. Would the project:
a) Cause a substanrial adverse change � � � �
in the significance of a historical
resource as defined in§ 15064.5?
b) Cause a substanrial adverse change ❑ ❑ ❑ �
in the significance of an
archaeological resource pursuant to
§ 15064.5?
c) Directly or indirectly destroy a � � � �
unique paleontological resource or
site or unique geologic feature?
d) Disturb any human remains, � � � �
including those interred outside of
formal cemeteries?
GEOLOGY AND SOILS. Would the project:
a) Expose people or structures to � � � �
potential substantial adverse effects,
including the risk of loss, injury or
. death involving:
i) Rupture of a known earthquake � ❑ �( ❑
fault,as delineated on the most f�+'
recent Alquist-Priolo Earthquake
Fault Zoning Map issued by the
State Geologist for the area or based
on other substantial evidence of a
known fault? Refer fo Division of
Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking? � � � �
iii) Seismic-related ground failure, ❑ ❑ ❑ �
including liquefaction'?
iv} Landslides? ❑ ❑ ❑ �
b) Result in substantial soil erosion or � � � �
the loss of topsoil?
CI"rY(S�ANDARD)\SACUTB�2006�22628.1 Page 6 of 15 FOR.�"J"
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Im�act
c) Be located on a geologic unit or soil � � � �
that is unstable,or that would
become unstable as a result af the
project,and potenrially result in on-
or of�site landslide, lateral
spreading,subsidence,liquefaction
or collapse?
d) Be located on expansive soil,as � � � �,
defined in Table 18 1 B of the
Uniform Building Code(1994),
creating substantial risks to life or
property?
e) Have soils incapable of adequately � � � �
supporting the use of septic tanks or
alternative waste water disposal
systems where sewers are not
available for the disposal of waste
water?
I-IAZARD5 AND HAZARDOUS MATERIALS.
Would the project:
a) Create a significant hazard to the � ❑ ❑ �
public or the environment through
the rourine transport,use,or
disposal of hazardous materials?
b) Create a significant hazard to the � � � �
public or the environment through
reasonably foreseeable upset and
accident condirions involving the
release of hazardous materials into
the environment?
c) Emit hazardous emissions or handle � � � �
hazardous or acutely hazardous
materials, substances,or waste
within one-quarter mile of an
existing or proposed school?
d) Be located on a site which is � � � �
included on a list of hazardous
materials sites compiled pursuant to
Government Code section 65962.5
and,as a result, would it create a
significant hazard to the public or
the environment?
C'I1 Y(STANDARD)'4SAC'UTB�1006�22628.1 Page 7 ot 15 F�RIVI"J"
Less Than ,
Significant
Potentially With Less Than
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Issues: Impact Incorporated Impact Impact
e) For a project located within an � � � �
airport land use pian or,where such
a plan has not been adopted,within
two miles of a public airport or
public use airport,would the project
result in a safety hazard for people
residing or working in the project
area? '
� For a project within the vicinity of a � ❑ ❑ �
private airstrip, would the project
result in a safety hazard for people
residing or working in the project
area?
g) Impair implementarion of or ❑ ❑ ❑ �
physically interfere with an adopted
emergency response plan or
emergency evacuation plan?
h) Expose people or struclures to a � � � �
significant risk of loss, injury or
death involving wildland fues,
including where wildlands are
adjacent to urbanized areas or where
residences are intermixed with
wildlands?
HYDROLOGY AND WATER QUALITY.
Would the project:
a) Violate any water quality standards � � � �
or waste discharge requirements?
b) Substantially deplete groundwater � � � �
supplies or interfere substantially
with groundwater recharge such that
there would be a net deficit in
aquifer volume or a lowering of the
local groundwater table level(e.g.,
the production rate of pre-existing
nearby wells would drop to a level
which would not support existing
land uses or planned uses for which
permits have been granted)?
c) Substantially alter the existing � �( �
drainage pattern of the site or area,
i"`
including through the alteration of
the course of a stream or river,in a
manner which would result in
substantial erosion or siltation on-or
off-site?
C11'Y(S7ANDARD)�SACVT6�2006�22G28J Page 8 of 15 FORM "1'�
Less Than
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Potentially With Less Than
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Issues: impact Incorporated Impact Impact
d) Substantially alter the existing � � � �
drainage pattem of the site or area,
including through the alterarion of
the course of a stream or river, or
substanrially increase the rate or
amount of surface runoff in a
manner which would result in
flooding on-or off-site?
e) Create or contribute runoff water ❑ ❑ `� ❑
which would exceed the capacity of
existing or planned storm water
drainage systems or provide
substantial addirional sources of
polluted runoft?
� Otherwise substantially degrade � � � �
water quality?
g) Place housing within a 100-year a a ❑ �
flood hazard area as mapped on a
federal Flood Hazard Boundary or
Flood Insurance Rate Map or other
flood hazard delineation map?
h) Place within a 100-year flood hazard � ❑ ❑ �
area struchues which would impede
or redirect flood flows'?
i) Expose people or structures to a � � � �
significant risk of loss,injury or
death involving flooding, including
flooding as a result of the failure of
a levee or dam?
j) Expose people or structures to � ❑ ❑ �
inundation by seiche,tsunami, or
mudflow?
LAND USE AND PLANNING. Would the
project:
a) Physically divide an established � � � �
community?
('f�Y(STA�DARU)\SACU"8�2006�22628.1 Page 9 of l5 FORM "J"
Less Than
Significant
Potentially With Less Than
Significant Mirigation Significant No
Issues: Impact Incorporated Impact Impact
b) Conflict with any applicable land ❑ ❑ ❑ �
use plan,policy,or regulation of an
agency with jurisdiction over the
project(including,but not limited
to the general plan, specific plan,
local coastal program,or zoning
ordinance)adopted for the purpose
of avoiding or mirigating an
environmental effect?
c) Conflict with any applicable habitat � � (� �
conservarion plan or natural
community conservation plan?
MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a � � � �
known mineral resource that would
be of value to the region and the
residents of the state?
b) Result in the loss of availability of a � � � �
locally-important mineral resource
recovery site delineated on a local
general plan,specific plan or other
land use plan?
NOISE. Would the project result in:
a) Exposure of persons to or generation � � � �
of noise levels in excess of
standards established in the local
generat plan or noise ordinance,or
applicable standards of other
agencies?
b) Exposure of persons to or generation � � � �
of excessive groundborne vibrarion
or groundborne noise levels?
c) A substantial permanent increase in � � � �
ambient noise levels in the project
vicinity above levels existing
without the project?
d) A substantial temporary or periodic � � � �
increase in ambient noise levels in
the project vicinity above levels
existing without the project?
CITY(STi�hDARD)�SACVTF3�200G�22628.1 Page 10 of 15 FOR.�'VI"T�
Less"fhan
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
e) For a project located within an � � � �
airport land use plan or, where such
a plan has not been adopted,within
two miles of a public airport or
public use airport, would the project
expose people residing or working
in the project area to excessive noise
levels?
� For a project within the vicinity of a � � � �
private airstrip,would the project
expose people residing or working
in the project area to excessive noise
levels?
POPULATION AND HOUSING. Would the
project:
a) Induce substantial population � � � �
growth in an area, either directly
(for example,by proposing new
homes and businesses)or indirectly
(for example,through extension of
road or other infrastructure)?
b) Displace substantial numbers of � � � �
existing housing,necessitating the
construction of replacement housing
elsewhere?
c) Displace substantial numbers of ❑ ❑ ❑ �
people,necessitating the
construction of replacement housing
elsewhere?
PUBLIC SERVICES. Would the project:
a) Result in substantial adverse � ❑ � ❑
physical impacts associated with the
provision of new or physically
altered governmental facilities,need
for new or physically altered
govemmental facilities,the
consttuction of which could cause
significant environmental impacts,
in order to maintain acceptable
service ratios, response times or
other performance objectives for
any of the public services:
Fire protection'? � � � �
C'1"1'Y iti7��Nn�kDy,snry rB�2ooe�zeza.� Page 11 of 15 FOR�I "J"
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Potentially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
Police protecrion? � � � �
Schools? � � (� �
Parks? ❑ ❑ ❑ �
Other public facilities? � ❑ '� ❑
RECREATION. Would the project:
a) Increase the use of existing ❑ ❑ ❑ �
neighborhood and regional parks or
other recrearional facilities such that
substanrial physical deterioration of
the facility would occur or be
accelerated?
b) Does the project include recrearional � � (� �
facilities or require the construcrion
or expansion of recreational
facilities which have an adverse
physical effect on the environment?
TRANSPORTATION/TRAFFIC. Would the
project:
a) Cause an increase in traffic which is � � � �
substanrial in relation to the existing
traffic load and capacity of the street
system(i.e., result in a substantial
increase in either the number of
vehicle trips,the volume to capacity
ratio on roads,or congesrion at
intersections)'?
b) Exceed,either individually or � � � �
cumulatively,a level of service
standard established by the county
congestion management agency for
designated roads or highways?
c) Result in a change in air traffic � � � (�
pattems,including either an increase �����
in traffic levels or a change in
location that results in substantial
safety risks?
d) Substantially increase hazards due � � � �
to a design feature(e.g.,sharp
curves or dangerous intersections)
or incompatible uses(e.g., farm
equipmen[)?
C'ITY(S"iANDARD)�.SACVTB�2006�2262$.l Page 12 of 15 FURNI".1"
Less Than
Significant
Potentially With Less Than
Significant Mirigation Significant No
Issues: Impact Incotporated Impact Impact
e) Result in inadequate emergency � � ^� �
access? �`-`�
� Result in inadequate parking � � � {�
capacity? ���r
g) Conflict with adopted policies, � � � �
plans, or programs supporting
altemarive transportation(e.g.,bus
turnouts,bicycle racks)?
UTILITIES AND SERVICE SYSTEMS. Would
the project:
a) Exceed wastewater treatment � � � �
requirements of the applicable
Regional Water Quality Control
Board?
b) Require or result in the construction � � � �
of new water or wastewater
treatment facilities or expansion of
existing facilities,the construction
of which could cause significant
environmental effects?
c) Require or result in the construction � ❑ ❑ �
of new storm water drainage
facilities or expansion of existing
facilities,the construction of which
could cause significant
environmental effects?
d) Have su�cient water supplies ❑ ❑ (� ❑
available to serve the project from f--'�
exisring entitlements and resources,
or are new or expanded entitlements
needed? In making this
determination, the City shall
consider whether the project is .
subject to the water supply
assessment requirements of Water
Code Section 10910,et•seq.(SB
610),and the requirements of
Government Code Section 664737
(SB 221).
CI'TY(S'iANDARD)�SACUTB�2006122628.1 Page 13 of 15 FORM "J"
Less Than .
Significant
Potenrially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
e) Result in a deternunation by the � � � �
wastewater treatment provider
which serves or may serve the
project that it has adequate capacity
to serve the project's projected
demand in addirion to the provider's
existing corrunitments?
� Be served by a landfill with O O ❑ �-
sufficient pernritted capacity to
accommodate the project's solid
waste disposal needs?
g) Comply with federal,state,and local � � � (�,
statutes and regulations related to
solid waste?
MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential � ❑ ❑ �
to substanrially degrade the quality
of the environment, substantially
reduce the habitat of a fish or
wildlife species;cause a fish or
wildlife population to drop below
self-sustaining levels;threaten to
eliminate a plant or animal
community;substantially reduce the
number or restrict the range of an
endangered,rare or threatened
species;or eliminate important
examples of the major periods of
California history or prehistory?
b) Does the project have the potenrial � � � �
to achieve short-term environmental
goals to the disadvantage of long-
term environmental goals?
c) Does the project have impacts that ❑ ❑ ❑ �
are individually Iimited,but
cumulatively considerable?
("Cumularively considerable"means
that the incremental effects of a
project are considerable when
viewed in connection with the
effects of past projects,the effects of
other current projects,and the
effects of probable future projects.}
('ITY(S't'ANDARD)�SACVTB\2006�22G28.1 Page 14 of 15 FORM"1'�
Less Than
Significant
Potenrially With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
d) Does the project have environmental � � � �
effects which will cause substantial
adverse effects on human beings,
either directly or ind'uectly?
c'fI'Y IS CANDARD)�SAC'J"�B�200G�22628.1 Pabe 15 of 15 FORM "1'�
INITIAL STUDY
CASE NOS. CASE NOS. DA 07-02, PP 07-11, AND CUP 07-14
ENVIRONMENTAL EVALUATION CHECKLIST COMMENTS AND POSSIBLE
MITIGATION MEASURES (CATEGORIES PERTAIN TO ATTACHED CHECKLIST)
I. AESTHETICS
a. The site is currently vacant; therefore any new construction will alter the
views to the surrounding property owners.
d. New light will be produced but the project will be required to prevent
lighting spill over. In addition, the requirement for an engineered lighting
plan per Ordinance No. 826 will assure that this condition is fulfilled.
II. AGRICULTURAL RESOURCES
a, b, c.
The site is vacant desert with minor amounts of native desert vegetation.
The site has never been used for agricultural purposes nor shown on
maps as agricultural.
III. AIR QUALITY
a8� b.
During construction, particularly grading, a potential dust problem is a
short-term impact. Requiring that the ground be watered during days in
which grading occurs will mitigate this problem. City of Palm Desert
Grading Ordinance requires this.
Because the site is already an urbanized setting its development will not
result in an overall deterioration of ambient air quality. Completed
development of the site will result in less dust leaving the site then
currently occurs with the site's vacant condition.
c. Development of this site will not result in any climatic changes. This is due
to its size and identified uses.
d. The proposed development does not call for uses that would create substantial
pollutant concentrations.
e. The proposed development does not call for any odorous land uses.
INITIAL STUDY
DA 07-02, PP 07-11, AND CUP 07-14
IV. BIOLOGICAL RESOURCES
a. The project is located within the City's commercial core and will not impact any
habitat or biological resources.
b. No riparian habitat present on site.
c. No wetlands habitat present on site.
d. No migratory fish or wildlife present on site.
e. No local policy or ordinance protecting biological reserves other than that
delineated in item (a) above.
f. N/A
V. CULTURAL RESOURCES
a-d. A field study found no evidence of any cultural, archeological or historical
significance on this site. In addition, state law requires that should any evidence
be found during construction, construction must cease and the site cteared.
VI. GEOLOGY AND SOILS
a (I-iv).
The area is subject to earthquakes and seismic shaking. Various studies have
concluded that with proper building design, which is required by the Uniform
Building Code, people will not be exposed to substantial adverse effects.
MITIGATION MEASURES
The City of Palm Desert grading and building permits procedures required detailed
geotechnical reports addressing grading specifications and the settlement and
expansive characteristics of on site soils. All structures must be designed to UBC
requirements to insure that buildings are constructed within the acceptable level of risk
set forth herein for the type of building and occupancies being deveioped.
b. Development will reduce blow sand erosion, which is common in this area.
There is no topsoil present.
c. See mitigation measure above.
d. See mitigation measure above.
2
INITIAL STUDY
DA 07-02, PP 07-11, AND CUP 07-14
e. Sandy soil is capable of supporting septic tanks but they will not be used, as
sewers are available.
VII. HAZARDS AND HAZARDOUS MATERIALS
a. Site and immediate area are not subject to routine transport, use or disposal of
hazardous materials.
b. Project will not create health hazards or potential health hazards.
c. There is no school within 1/4 mile of the site.
d. The site has not been identified on the list of hazardous materials sites.
e. Site is not within two miles of a public airport.
f. No private airstrip in area.
g. Project will not interfere with city's emergency response or evacuation plan.
h. Project will not increase the fire hazard in area with flammable brush, grass or
trees.
VIII. HYDROLOGY AND WATER QUALITY
While any development results in the use of water and therefore reduces the amount
otherwise available for public water supplies, the Coachella Valley Water District
assures that there is a sufficient water supply to accommodate this growth. In addition,
the Coachella Valley Water District plans to construct additional water facitities in the
Palm Desert area to accommodate current and future development.
a. Project will be required to comply with Palm Desert Master Plan of Drainage
and the grading ordinance.
b. Project will use water provided by CVWD and will not interfere with groundwater
recharge.
c, d, e.
Water will be redirected to drainage facilities designed and constructed to
accept the water from the site.
f. Project will not substantially degrade water quality.
g. Site is not within a 100-year flood hazard.
3
INITIAL STUDY
DA 07-02, PP 07-11, AND CUP 07-14
h. See (9). .
I. Area is not subject to flooding.
j. Area is flat desert land not subject to seiche, tsunami or mudflow.
IX. LAND USE AND PLANNING
a. The site is zoned for the proposed use.
b. Project is consistent with the General Plan and zoning.
c. Property is not subject to habitat consenration plan or natural community
conservation plan, other than that discussed in Section 1V (a1).
X. MINERAL RESOURCES
a. No known mineral resources.
b. No locally important mineral resource recovery site delineated on local general
plan.
XI. NOISE
a, b, c, d.
■ Construction of the project v�rill increase ambient noise level. The
increase is not expected to create an annoyance to adjacent residential
properties. All uses on the site will be required to comply with the city
noise ordinance.
■ A hotel project adjacent to residential development may have negative
noise impacts. The developer is concerned about noise just as much as
staff is because noise from hotel guests will negatively impact the
operations of the hotel as much as it will impact the surrounding
neighborhood. Noise complaints from hotel guests will result in
complaints, refunds and a negative image. It is in the hotel's best interest
to regulate and control any potential noise problems.
MITIGATION MEASURES
4
INITIAL STUDY
DA 07-02, PP 07-11, AND CUP 07-14
o Strict adherence to construction hours and days will be required. Additional
measures to mitigate traffic and operational noise will be required. Noise levels
will be mitigated so that the General Plan Noise Element limits are not
exceeded.
o Eleven of the 16 condominium suites are designed with roof decks that include
a spa. The suites along the east property line were specifically designed without
the roof decks because they are adjacent to residential condominium owners.
For the 11 suites with a roof deck, a condition of approval has been added to
the project prohibiting hotel guests from using the roof decks after 10:00 pm
Sundays through Thursdays and after 12:00 am on Fridays and Saturdays. This
condition will implement a quiet time to reduce noise impacts to the adjacent
property owners.
e &f.
Project is not within two miles of a public airport or in vicinity of a private airstrip.
XII. POPULATION AND HOUSING
a-c. The proposed project is for a new boutique hotel with 16 condominium units.
The condominium map will be processed as part of a separate approval and is
for financing purposes only. The project is not intended to house permanent
residences.
XIII. PUBLIC SERVICES
The property is presently vacant and serves no productive use. A commitment to
urban uses was made as the area surrounding the study area has been developed,
and the general plan and zoning maps designated for a planned community
development. Infrastructure improvements (i.e., streets, utilities) will be installed by the
developer. The proposed land use would increase the economic productivity of the
land in terms of land efficiency and greater economic retum generated from these
uses, versus the current state of the land.
Fire and Police Protection
Police and Fire service has indicated that they can service the proposed project.
Schools
The project will be required to pay school mitigation fees per state law at time of
building permit issuance.
Parks
5
INITIAL STUDY
DA 07-02, PP 07-11, AND CUP 07-14
The project will not impact parks.
Other Public Facilities
Libraries and other public facilities are adequate to serve the project.
XIV. RECREATION
The hotel project will bring new tourism and visitors to the valley. They project is
providing on-site amenities and will not increase the use of current parks or
recreational facilities within the area.
XV. TRANSPORTATION/TRAFFIC
a-b.
As part of the project, the applicant provided a traffic analysis report to
determine and evaluate any potential negative traffic impacts to the surrounding
neighborhood and local intersections. The first report was submitted on April 7,
2008 and a revised report was submitted on May 5, 2008. The revised report is
included as an attachment to the staff report.
The City's General Plan established a Level of Services (LOS) "C" as the
minimum acceptable condition for traffic flow during peak hours. Currently, the
surrounding intersections and roadways operate at LOS C during peak hours.
The proposed project is anticipated to generate approximately 1,258 trips per
weekday with 94 trips during the midday peak hour and 91 during the PM peak
hour. On a Saturday, the anticipated trip generation is 1,261 trips with 111 trips
during the midday peak hour. Based on this report, the anticipated trips per day
from the project will result in an increase of no more than 1.5 additional vehicles
per 60 seconds during midday and PM peak hours and no more than 2 vehicles
per 60 seconds during the Saturday peak hour. The report indicates that the
LOS for the roadways and intersections will continue to operate at a LOS C,
which is consistent with the City's General Plan. There are no negative traffic
impacts from the proposed hotel.
c. Project will not change air traffic patterns.
d. Street design and intersections will be designed to meet all city standards and
the project will not include incompatible uses.
e. Emergency access will be acceptable.
6
INITIAL STUDY
DA 07-02, PP 07-11, AND CUP 07-14
f. There will be a demand for additional parking facilities,which will be supplied by
the project on site in compliance with city code.
g. Off street sidewalks will be provided for pedestrians and bicyclists and the
project is within walking distance to the City's commercial core.
XVI. UTILITIES AND SERVICE SYSTEMS
a. Project will not exceed limits.
b. CVWD has indicated ability to serve this project.
c. Construction of said facilities is currently under review. They will occur with or
without this project.
d. See (b) above.
e. See (b) above.
f. Landfill space is avai{ab{e in the immediate area and long term will be available
at Eagle Mountain.
g. City will enforce these statutes through Environmental Consenration
Department.
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
a. See IV (a).
b. None.
c. None.
7
i
MINUTES
PALM DESERT PLANNING COMMISSION MAY 20, 2008
a�,. C. Case Nos. DA 07-02, PP 07-11 and CUP 07-14 - LARKSPUR
ASSOCIATES, LLC, AND PALM DESERT REDEVELOPMENT
AGENCY, Applicants
Request for a recommendation to City Council for approval of
a Development Agreement, Precise Plan of Design,
Conditional Use Permit and Mitigated Negative Declaration of
Environmental Impact,to allow the construction of a new three-
story 106-room boutique hotel and two-story condominium unit
including 16 three-bedroom lockout rooms (48 keys maximum)
totaling a maximum of 154 units/keys. The project includes 203
underground parking spaces, a restaurant area, gift shop,
conference and meeting rooms, spa, and amenities including
a roof deck pool and bar, roof deck garden and roof deck
patios on 11 of the 16 condominium units. The project is
located at 45-400 Larkspur Lane, also known as APNs 627-
262-008 and 011.
Mr. Bagato reviewed the proposed project, and based on staff's review,
recommended that Planning Commission recommend to the City Council
approval of Case Nos. DA 07-02, PP 07-11 and CUP 07-14.
Commissioner Limont noted that Mr. Bagato mentioned that in the event of
an emergency, the hotel could be used as a community cool station. She
asked if that would be for residents of Palm Desert or just for hotel guests.
Mr. Bagato answered that it was supposed to be for Palm Desert residents.
Using a scenario of it being August and getting hit with a major earthquake
and no facilities for a week with the hotel at capacity, Commissioner Limont
asked how many people the facility could accommodate and where they
would be put. She was asking because if they were using that as part of the
selling points, she wanted to know what they were looking at as a
community. Mr. Bagato stated that they were working on the development
agreement and land transaction. The land was currently owned by RDA
(Redevelopment Agency)and those specifics were being worked out and the
applicant could probably address that in further detail. He didn't foresee the
hotel being sold out in August, but if it was, there was the lobby area and
potentially the underground parking would be cooler than normal. They were
working on those specifics before start of construction. There would also be
conference and meeting rooms that could be used, as well as a spa and
workout room.
8
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PALM DESERT PLANNING COMMISSION MAY 20. 2008
If they didn't have power, Commissioner Limont asked what was going to run
the cooling system in this building. Mr. Bagato said they would provide an
emergency generator on-site to run the building and air-conditioning.
Commissioner Limont asked for how long. Mr. Bagato wasn't sure.
Commissioner Limont said those were some of the things they had to ask if
they were going to put it out there as a place where folks could go. Mr.
Bagato agreed. He said if they received approval, they would work on those
details before they pull construction permits.
Commissioner Schmidt noted on the first page of the staff report that 16 units
were proposed as condominium units for financing purposes and they were
not intended to be permanent residential units. She asked if that meant it
would be built in two phases. Mr. Bagato said no, it would be built in one
phase, but, for example, if they had a $40 million loan for the whole project,
it was more difficult to finance. In comparison, with a condominium map, they
could have 16 owners of the condominiums that would be part of the rental
pool and then one owner of the hotel, so they could split up the loans. But
the intent, and it was a condition of approval, was that they coutdn't be used
for living purposes. They were still going to generate TOT (transient
occupancy tax) and act like a hotel, they were just going to have individual
owners instead of just one for the whole project. They could potentially have
16 different owners.
There were no other questions. Chairperson Tanner opened the public
hearing and asked the applicant to address the Commission.
MR. WILLIAM DE LEEUW, the Managing Member of Larkspur
Associates, LLC, commended staff on the completeness of the staff
report. After reading it, he said it took most of the wind out of his
presentation because it covered everything he was going to present.
But he did want to go back over some of their goals for this project.
After looking at the project and talking to people in the city, neighbors
and other people and what they felt should be accomplished from the
Shadow Mountain area, they said they should make it look residential.
They shouldn't violate any height along Shadow Mountain and should
only be the 24 feet allowed on Shadow Mountain; that the project
should be lower than The Gardens; that it should be less dense on
the south and then transition to the commercial and heavier density
closer to EI Paseo. He thought the architects did an excellent job
9
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PALM DESERT PLANNING COMMISSION MAY 20, 2008
doing that. He noted that the project was twice as dense close to EI
Paseo as it would be on the Shadow Mountain side. On the south half
of the project there was a total of 48 rooms and on the north half 106
rooms.
He thought Mr. Bagato covered quite a bit of the benefit to the
community. A four-star plus hotel in an under represented area. They
had a lot of hotels in the city, but there was nothing quite like a
boutique hotel in this area. It would fill a void in the market, one that
each city in the Coachella Valley desired to fill. Everyone would love
to have something in their downtown area that was similar to this
project.
One other thing that was not in the staff report that they had been
working on with their designers was the historical element in the city.
On this site was originally a hotel called Fire Cliff. They wanted to
bring in some of the elements and worked with the Historical Society
to bring some of those elements into their lobby, as much as possible.
As far as naming, they hadn't gotten that far. There had been
suggestions from people that they try to name it after that, but there
were problems, mainly because there was a restaurant by that name,
they might not want that name, and their operators may not want it,
so it was an open thing.
Mr. De Leeuw said that Mr. Bagato covered the Leed certification and
also the emergency generator and cool room. Their plan, and he
thought there was a question by Ms. Limont on where that would be,
and he thought it would be in their meeting rooms, in the area they
use for conventions, meetings and public spaces, as well as the
restaurants. If it had to be other places in the summer, they would
probably have vacant rooms, especially the suites, which were fairly
large and could house quite a few people. They weren't talking about
housing for a prolonged basis, but for 24 to 72 hours until power could
be turned on. Something in that range. He hoped that it wouldn't be
a lot longer than that, but one never knew.
One thing that had been sensitive, and the neighbors in their meeting
asked them, was outdoor music. He said they have no plans for
outdoor music. They didn't propose it because he didn't think it would
fly too well. He said he would be happy to answer any questions. Most
10
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PALM DESERT PLANNING COMMISSION MAY 20. 2008
of the presentation that he was going to make was covered in the staff
report, so he didn't want to be redundant.
Commissioner Schmidt asked about the proposed build-out time frame.
Mr. De Leeuw said ideally, within the ne�ct six months. That would be
six months from City Council. They have a development and
disposition agreement with the Palm Desert Redevelopment Agency
that required them to get finished plans, get financing, and start during
that period of time. So their goal was to start construction during that
period of time. They'd been told 18 months, but they might be able to
speed that up a bit, because 18 months hit the market at the wrong
time and they would love to hit that five months earlier than that.
Whether that was feasibte or not, he didn't know. One other thing that
might effect the exact timing was the financing market right now; it
was a little tougher now than it was six months or a year ag�, but it
looked like it was getting better. They didn't get to make all the
decisions themselves and a little bit was out of their hands.
Commissioner Campbell asked about the parcel zoned Commercial that
went into the parking lot where Mama Gina's is located and if that would be
open in case of an emergency so that flow of traffic could go in and out, not
regular traffic, but the hotel or in an emergency situation, or if they would be
closing that.
Mr. De Leeuw said right now there was a 24-foot easement from EI
Paseo that goes to that Commercial property. The hotel, as proposed,
didn't have a legal access to that and they couldn't use it for parking
or anything else. The Fire Department had access and that easement
coufdn't be built on. It was technically owned by the 10-unit
condominium project to the east of the project.
He also said the Board of Directors of the Shadow Cliff Homeowners
Association passed a resolution endorsing their project; that was the
property directly to the east.
Chairperson Tanner noted that Mr. De Leeuw made a statement about being
able to control the noise on some of the decks on the second story. He
wanted to make sure the noise was controlled, because other inhabitants of
the hotel would not want to come back.
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PALM DESERT PLANNING COMMISSION MAY 20, 2008
Mr. De Leeuw said having been in the hotel business before, he could
assure them that the hotel management was more concerned about
noise than probably anyone else, because it amounted to basically a
refund. In other words, if they had someone in the room making noise,
people on either side if they were kept up or disturbed, the first
request was for a refund and refunds were the most expensive way
to solve the problem. Security guards, imposition of restrictions,
everything else was a lot cheaper for them and a lot more cost
effective. They had probably more incentive to keep noise under
control than almost anyone else.
Commissioner Campbell asked if the restaurant and bar in the hotel would
be open to the general public.
Mr. De Leeuw said yes. His goal when they started was to keep it to
a bare minimum, but for the ce�tification for four stars that they
wanted, that required a full-service public restaurant, and they were
even smaller than they wanted, they would to like them larger, but his
general historical philosophy was that hotel restaurants didn't make
money, so keep them as small as possible. But to answer the
question, yes, open to the public, access directly to the street on
Larkspur, and they also had to have 24-hour room service.
Commissioner Campbell said that even if it was a four-star restaurant, they
would have something open 24 hours a day for their clientele.
Mr. De Leeuw said unfortunately they have to have that.
Commissioner Campbell reiterated that he had to have that besides room
service.
Mr. De Leeuw said yes.
Chairperson Tanner noted that Mr. De Leeuw mentioned a bar on the
rooftop.
Mr. De Leeuw said yes, there were actually two bars. One at the pool
on the rooftop and the other bar adjacent to the restaurant on the
ground floor.
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PALM DESERT PLANNING COMMISSION MAY 20. 2008
Chairperson Tanner asked if the bar on the rooftop would be open to the
public.
Mr. De Leeuw said the bar would be, the pool technically would not.
Because of the liquor license rules, any bar with a Type 47 license
was open to the public.
Chairperson Tanner noted that the hours would be limited to 12:00 a.m. on
Friday and Saturday.
Mr. De Leeuw concurred.
There were no other questions for the applicant. Chairperson Tanner asked
if anyone wished to speak in FAVOR or OPPOSITION to the proposed
project. There was no one and the public hearing was closed. Chairperson
Tanner asked for Commission comments.
Commissioner Limont said she was thinking along the same lines regarding
noise as Chairperson Tanner. They had just gone through a pretty horrific
situation with another vendor on EI Paseo and the neighborhood, so there
was a concern when they added alcohol, vacation time, and free time and
then they have folks living in the neighborhood. So she had real concerns
with regard to having a pool and a bar on the third story in a neighborhood.
And this was a neighborhood. There were still folks living there. If they were
the person who lived next door in the condos that had a two-year old, how
would they feel if it was midnight on a Friday night and people were having
a good time? She thought they needed to take that into consideration.
But she also thought it would be great to have a hotel close to EI Paseo. The
ability for fo(ks to visit Paim Desert, walk to the shops and restaurants, and
to really just enjoy that area was terrific. But she was hesitant at this point
with regard to the third story, with regard to the pools up there, and with
regard to bars up there.
Commissioner Campbell thought the problem that occurred with the other
project was not just loud music, but amplified music. She didn't think there
would be a request approved for amplified music. So that wouldn't be
allowed for this restaurant/ hotel, even though it would be on the rooftop and
there would be certain hours to be adhered to with regard to selling alcohol.
She was happy to have it on EI Paseo, as many of her clients requested
13
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PALM DESERT PLANNING COMMISSION MAY 20, 2008
boutique hotels so that they could walk to the shopping area instead of
driving from Palm Springs to EI Paseo. She didn't think they would be having
any increased traffic because as people came, they would park there and
just walk to the other restaurants and to the shopping.
She didn't have any problem with the heights. The Shadow Mountain area
would be 24-25 feet, just like the other finro-story apartments across the
street; the Gardens structure would be taller than this hotel. She was in favor
of the project.
Commissioner Schmidt said she had to admit that when she first saw this
project she went, oh no, here we go. But there had been an incredible
. amount of work put into this project from everyone's standpoint, she was
quite certain. And it really was site specific and looked great, and she
particularly liked that they front loaded it on Larkspur. The main thrust of
what was going on was on that side of the street which faced Saks Fifth
Avenue. She was very pleased with that. She was also pleased to see that
the condominium element tried to meet the height restrictions and the
density restrictions and didn't impose itself on the residential community as
much as a plan like this could do. She was a little disappointed that it
seemed busy to her, it seemed architecturally busy, but she knew it was a
tough site to get that kind of density on and thought they had done an
amazing job with it. She said wasn't even going to argue about the height
because of The Gardens across the street; she thought it worked. And
thankfully they had a fall in the ground elevation to the north which helped a
lot. If this was sitting on flat ground and they came with three stories, she
would not be at all in favor. So with that, she was in favor of this project.
Chairperson Tanner was also a little concerned about the presence of a bar
and a pool in a pavilion-type of area and walk space on the roof. He thought
that Palm Desert needed a boutique hotel downtown Palm Desert, he was
just a littie concerned about the bar sitting on top of the roof with the pool,
rooms around it, etc. He just wondered if something could be accomplished
with room service also providing bar service from downstairs. It might be a
little less convenient and maybe that was what he was looking for.
He was in favor of the project and thought it was going to do exactly what
they wanted it to do, and that was to bring people down to Palm Desert and
let them walk EI Paseo. But again, he was a little bit concerned about the bar
itself and he was not going to pull his vote just based on that, but
14
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PALM DESERT PLANNING COMMISSION MAY 20. 2008
encouraged the developer to look at something different and maybe City
Council, after hearing the Planning Commission, would look for something
a little different. But he thought it was something needed in Palm Desert, he
was just sorry there was an inclusive bar on top.
Action:
It was moved by Commissioner Campbell, seconded by Commissioner
Schmidt, adopting the findings as presented by staff. Motion carried 3-1
(Commissioner Limont voted no).
It was moved by Commissioner Campbell, seconded by Commissioner
Schmidt, adopting Planning Commission Resolution No. 2477,
recommending to City Councit approval of DA 07-02, PP 07-11, CUP 07-14
and a Mitigated Negative Declaration of Environmental Impact as it relates
thereto, subject to conditions. Motion carried 3-1 (Commissioner Limont
voted no).
X. MISCELLANEOUS
A. Case No. PP 07-12 - DAVID NELSON, Applicant
Request for approval of a preliminary building site for a Hillside
Planned Residential property located at 72-340 Upper Way West
(APN: 628-130-008).
Mr. Stendell explained that staff was recommending a continuance of this
item for two weeks in order to do some public noticing. Erring on the side of
caution, staff was recommending a two-week continuation. He was ready
give a full staff report, otherwise, staff would return with the project in two
weeks and present it then.
Commissioner Campbell asked about the public noticing since this was a
Miscellaneous item. Mr. Stendell stated that with the hillside area, there was
never any harm in erring on the side of caution. In this case, even though
they were talking in a very preliminary level and not entitling anything,
because they were talking about the hillside and because it was such a
sensitive area, they were going to do the public noticing as required by the
ordinance, even though the section of the ordinance they were discussing
could be argued that it wasn't required. But he thought it was the right thing
to do to notice it and come back in two weeks.
15
� � C11Y OF � �ll �l DESERI
73-5�o FRED WARING URIVE
i PALyt DESERT, CALIFOR\IA 92260-2578
' TEL: 760 346-06��
F�x: 76o 34i-7oq8
infoC�palm-desert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: May 22, 2008
Larkspur Associates, LLC Palm Desert Redevelopment Agency
73-626 Highway 111 73-510 Fred Waring Drive
Palm Desert, California 92260 Palm Desert, California 92260
Re: DA 07-02, PP 07-1 1 and CUP 07-14
45-400 Larkspur Lane
The Planning Commission of the City of Palm Desert has considered your request and
taken the following action at its regular meeting of May 20, 2008:
PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL
APPROVAL OF CASE NOS. DA 07-02, PP 07-11 AND CUP 07-14 BY
ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2477,
SUBJECT TO CONDITIONS. MOTION CARRIED 3-1 (COMMISSIONER
LIMONT VOTED NO).
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision. This matter is tentatively
scheduled for the June 26, 2008 City Council meeting.
-__ ;..
i.
� 7--`�
i !."' � ----
c,..:. ,. ,
Lauri Aylaian, Secretary
Palm Desert Planning Commission
/tm
cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
��,�.n��.���•«�o,��
f
PLANNING COMMISSION RESOLUTION NO. 2477
A RESOLUTION OF THE PLANNtNG COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL
APPROVAL OF A DEVELOPMENT AGREEMENT, PRECISE PLAN OF
DESIGN, CONDITIONAL USE PERMIT, AND MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW THE
CONSTRUCTION OF A NEW THREE-STORY 106-ROOM BOUTIQUE
HOTEL AND A TWO-STORY CONDOMINUM UNIT INCLUDING
SIXTEEN 3-BEDROOM LOCKOUT ROOMS (48 KEYS MAXIMUM)
TOTALING A MAXIMUM OF 154 UNITS/KEYS. THE PROJECT
INCLUDES 203 UNDERGROUND PARKING SPACES, A RESTAURANT
AREA, GIFT SHOP, CONFERENCE AND MEETING ROOMS, SPA, AND
AMENITIES INCI.UDING A ROOF DECK POOL AND BAR, ROOF DECK
GARDEN AND ROOF DECK PATIOS ON 11 OF THE 16
CONDOMINIUM UN{TS. THE PROJECT IS LOCATED AT 45-400
LARKSPUR LANE, ALSO KNOWN AS APNS 627-262-008 AND 627-262-
011.
CASE NOS: DA 07-02, PP 07-11, AND CUP 07-14
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 20�' day of May 2008, hold a duly noticed public hearing to consider the request by
the LARKSPUR ASSOCIATES, LLC. 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 California Environmental �uality Act",
Resolution No. 06-78, the Director of Community Development has determined that the
project will not have a negative impact on the environment and a Mitigated Negative
Declaration has been prepared for adoption, 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 the
recommendation to the City Council of said request:
Precise PIanlConditional Use Permit:
1. The proposed location of the project is in accordance with the objectives
of the Zoning Ordinance and the purpose of the district in which the site is
located.
The project is /ocated in a C-1 General Commercial zone and R-3 Multip/e
Family zone. Borh zoning disiricts allow hotel development with a
Conditional Use Permit. The purpose of ihe C-1 zone is to provide ihe City
with a core area of specialry and general commercial shopping facilities
which are inherent within a resort community. Hotel deve%pments are
(
� pLANNING COMMISS1vN RESOLUTION NO. 2477 �
The proposed project is consisteni with City's General Plan Commercial
Core Area yoal, objecifves and policies by promoting sustainable
economic benefifs to ihe City and Redevelopment Agency on E/ Paseo,
as well as keeping EI Paseo a unique, pedestrian-oriented high-end retail
shopping disirict.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, 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
07-02. PP 07-11, and CUP 07-14 subject to conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 20�' day of May, 2008, by the following vote, to wit:
AYES: CAMPBELL, SCHMIDT, TANNER
NOES: LIMONT
ABSENT: NONE
ABSTAIN: NONE
� s �
VAN G. TANNER, Chairperson
ATTEST:
r!.>.=-
_ = .- y �-��--,
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
3
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' PLANNING COMMISSivN RESOLUTION NO. 2477
this assessment period. If significant Native American cultural resources are
discovered that require a Treatment Plan, the developer or his archaeologist
shall contact the Morongo Band of Mission Indians. If requested by the Tribe, the
developer or archaeologist shall, in good faith, consult on the discovery and its
disposition (e.g. avoidance, preservation, return, or artifacts to tribe, etc.).
9. The applicant shall salvage the existing Washingtonia sp. Palm trees to be
reused as part of the landscaping for the proposed hotel. The applicant shall
provide a relocation plan to the City's Landscape Specialist. Said plan shall
illustrate how the palm trees will be salvaged, stored and maintained during the
construction, and where they will be incorporated into the hotel landscaping plan.
10. Use of the roof decks on the front buildings shall be prohibited after 10:00 pm
Sundays through Thursdays and after 12:00 am on Fridays and Saturdays.
11. The applicant shall provide an emergency backup generator onsite. The hotel
will be used as a "cooling station° in the event of a power outage in the City of
Palm Desert.
12. The applicant shall provide designated hybrid parking spaces that can be used
for electric vehicles, golf carts and bicycles.
13. The proposed project shall meet the specifications of a Leadership in Energy
and Environmental Design (LEED) Certified Green Building.
14. No outdoor entertainment on the roof deck patios, roof deck pool and bar, roof
deck garden, and outdoor restaurant dining patio.
15. The applicant shall enter into a Development Agreement that allows a new
boutique hotel totaling 154 units/keys as proposed and described in the site plan.
As part of the project, the hotel will include condominium units totaling 16 suites
with 3-bedroom lockout rooms for a total of 48 keys. The condominium approval
is to allow financial flexibility for the financing purposes of the hotel and the
Development Agreement shall provide a mechanism by which the condominium
approval shall be revenue neutral to the Ciry with respect to payment of
Transient Occupancy Tax (TOT), i.e. the Development Agreement will enable the
city to collect TOT from the units in amounts commensurate with the amounts
that would be collected if the hotel were not subdivided into condominiums. The
Agreement will shall stipulate that one hundred (100) percent of the
condominium units must be made available as rental units for hotel guests when
not being used by the unit owner for the unit owner's personal use. A
condominium unit owner shall be allowed to use the unit for no more than two (2)
weeks between November 1 St and May 1 St and for no more than two (2} weeks
between May 2"d and October 31St without paying the TOT. Every condominium
unit shall be subject to TOT, except for personal use described above, and each
condominium unit shall be made available to hotel guest for transient use. No
5
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PLANNING COMMISS�.�N RESOLUTION NO. 2477
11. Landscape installation shall be drought tolerant in nature and in accordance with
the City's Water Efficient Landscape Ordinance (24.04).
12. Landscape plans shall be submitted for review concurrently with grading plans.
13. Full public improvements, as required by Section 26 of the Palm Desert
Municipal Code, shall be installed in accordance with applicable City standards
including:
• Installation of a 6-foot sidewalk along Shadow Mountain Drive and
Larkspur Lane
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.
14. All public and private improvements shall be inspected by the Department of
Public Works and no Certification of Completion shall be granted until the
improvements have been completed.
15. Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management
and Discharge Control.
16. 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.
17. Entrance aisles to the underground parking area shall be a minimum of 24 feet in
width with 2 feet clear on each side for a total of 28 feet, widening to 34 feet
and/or a combination that achieves an acceptable turning radius on the ramp
landings.
18. Parking stalls depths and aisles widths shall be adjusted to meet the minimum
City development standards.
Riverside Countv Fire Department:
1 . With respect to the conditions of approval regarding the above referenced
project, the Fire Department recommends the following fire protection measures
be provided in accordance with Ciry Municipal Codes, NFPA, UFC and UBC, or
any recognized fire protection standards.
7
� PLANNING COMMISSruN RESOLUTION NO. 2477
13. All buildings shall have illuminated addresses of a size approved by the ciry.
14. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately to the Fire Marshal for approval prior to construction.
15. Conditions subject to change with adoption of new codes, ordinances, laws or
when building permits are not obtained within 12 months.
16. Standpipes required in courtyard, roof and all stairways per CBC.
17. Sprinkler required in underground parking per CBC CFC.
18. Full fire alarrn system required per CBC.
19. Fire Department Emergency Access shall remain per plan.
9
� PLANNING COMMISS�vN RESOLUTION NO. 2477 �
EXHIBIT "B"
DRAFT DEYELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of
this day of , 2008, by and between the City of Palm Desert, California, a
municipal corporation organized and existing under the laws of the State of California (the
"City), and LARKSPUR ASSOCIATES, LLC ("Developeru), with reference to the following
facts, understandings and intentions of the parties:
RECITALS:
A. These Recitals refer to and utilize certain capitalized terms which are
defined in this Agreement. The parties intend to refer to those definitions in conjunction
with the use thereof in these Recitals.
B. Government Code Sections 65684 through 65869.5 inclusive (the
"Development Agreement Legislation") authorize the City to enter into development
agreements in connection with the development of real property within its jurisdiction.
On August 11, 1983, the City enacted by Ordinance No. 341, as amended on
December 7, 1989 by Ordinance No. 589 (collectively, the "Development Agreement
Ordinance"), procedures and requirements for the consideration of development
agreements thereunder pursuant to the Development Agreement Legislation.
C. Developer is the owner of a lega{ or equitabfe interest in the Property and
is entitled to have filed the application for and to enter into this Agreement. The Project
consists of the future development of the Property. The Property is located at an
11
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PLANNING COMMISStvN RESOLUTION NO. 2477
Plan attached to this Agreement as Exhibit "A", and at a rate of development of its
choosing, subject to the terms and conditions contained in this Agreement.
F. By adopting this Agreement, the City Council has elected to exercise
certain governmental powers at the present time rather than deferring such actions until
an undetermined future date and has done so intending to bind the City and the City
Council and intending to limit the City's future exercise of certain governmental powers,
to the extent permitted by law.
G. This Agreement has undergone extensive review by the City's staff, the
Planning Commission and the City Council.
H. In order to effectuate the foregoing, the parties desire to enter into this
Agreement.
NOW, THEREFORE, pursuant to the authority contained in the Development Agreement
Legislation, and in consideration of the mutual covenants and promises of the parties
herein contained, the parties agree as follows:
1. Definitions.
1.1 Defined Terms. Each reference in this Agreement to any of the
following terms shall have the meaning set forth below for each such term.
1.2 A�reement. This Development Agreement.
1.3 Building Ordinances. Those building standards, of general and
uniform application throughout the City and not imposed solely with respect to the
13
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PLANNING COMMISSitr�� RESOLUTION NO. 2477
(Exhibit "A"), to be constructed on the Property, as the same may hereafter be further
refined, enhanced or modified pursuant to the provisions of this Agreement.
1.11 Pro e . The real property and any improvements thereon which is
described in Exhibit "B" to this Agreement.
2. Term; Amendment.
2.1 Term. The term of this Agreement (the "Term") shall commence on
the Effective Date and shall terminate on the ( ) year anniversary date of
the Effective Date, unfess sooner terminated or extended as hereinafter provided.
2.2 Amendment. The parties to this Agreement at their sole discretion
and by their mutual written consent may from time to time amend the provisions and
terms of this Agreement and the Exhibits hereto. Any amendment to this Agreement or
the Exhibits hereto as provided herein shall be effected only upon compliance with the
procedures for amendment, if any, required by the Development Agreement Legislation
and the Development Agreement Ordinance. The City shall, after any such amendment
takes effect, cause an appropriate notice of such amendment to be recorded in the official
records of the County of Riverside.
3. General Development of the Project
3.1 Proiect.
(a) The Project is defined and described in the Development
Plan attached to this Agreement as Exhibit "A", which specifies for the purpose of this
Agreement all of the aspects of the Project contained in the application and conditions
of PP 07-11, CUP 07-14 and this Development Agreement DA 07-02 including all
conditions contained in said approval and this Agreement.
15
' PLANNING COMMISS�.,N RESOLUTION NO. 24T7 �
3.3 Procedures and Standards. The standards for granting or
withholding permits or approvals required hereunder in connection with the development
of the Project shall be governed as provided herein by the standards, terms and
conditions of this Agreement and the Development Plan, and to the extent not
inconsistent therewith, the Existing Land Use Ordinances, but the procedures for
processing applications for such permits pre-approvals .(including the usual and
customary fees of general application charged for such processing� shall be governed by
such ordinances and regulations as may then be applicable and which are consistent with
the Development Plan.
3.4 Effect of Agreement. This Agreement shall constitute a part of the
Enacting Ordinance, as if incorporated by reference therein in full. The parties
acknowledge that this Agreement is intended to grant Developer the right to develop the
Project pursuant to specified and known criteria and rules as set forth in the Development
Plan and the Existing Land Use Ordinances, and to grant the City and the residents of the
City certain benefits which they otherwise would not receive.
This Agreement shall be binding upon the City and its successors in
accordance with and subject to its terms and conditions notwithstanding any subsequent
action of the city, whether taken by ordinance or resolution of the City Council, by
referenda, initiative, or otherwise. The parties acknowledge and agree that by entering
into this Agreement and relying thereupon, the Developer has obtained, subject to the
terms and conditions of this Agreement, a vested right to proceed with its development of
the Project in accordance with the proposed uses of the Property, the density and
intensity of development of the Property and the requirements and guidelines for the
17
' PLANNING COMMISS�..N RESOLUTION NO. 2477 �
operating memoranda may be approved and executed by its Community Development
Director or City Manager without further action of the City Council. Failure of the parties
to enter into any such operating memoranda shall not affect or abrogate any of the rights,
duties or obligations of the parties hereunder or the provisions of this Agreement.
4. Specific Criteria Applicable to Development of the Project.
4.1 A�plicable Ordinances. Except as set forth in the Development Plan
and subject to the provisions of Section 4.2 below, the Existing Land Use ordinances shall
govern the development of the Property hereunder and the granting or withholding of al1
permits or approvals required to develop the Property; provided, however, that (a)
Developer shall be subject to all changes in processing, inspection and plan-check fees
and charges imposed by City in connection with the processing of applications for
development and construction upon the Property so long as such fees and charges are of
general application and are not imposed sole{y with respect to the Property, (b) Developer
shall abide by the Building ordinances in effect at the time of such applications, and (c)
Developer and/or Operator of the project shall comply with all ordinances relating to
operation including but not limited to Transient Occupancy Tax.
4.2 Amendment to Aqplicable Ordinances. In the event that the Palm
Desert zoning ordinance is amended by the City in a manner which provides more
favorable site development standards for the Property or any part thereof than those in
effect as of the Effective Date, Developer shall have the right to notify the City in writing of
its desire to be subject to all or any such new standards for the remaining term of this
Agreement. If City agrees, by resolution of the City Council or by action of a City official
whom the City Council may designate, such new standards shall become applicable to
19
� PLANNING COMMIS���N RESOLUTION NO. 2477
such easements as may be reasonably required for the installation and maintenance of
such public art, Developer shall pay to the City in lieu art fees at the time of and in
connection with the development of the Property, or portions thereof, in accordance with
the fee levels and other payment and procedural requirements of Chapter 4.10 of the
Municipal Code of the City lawfully imposed at the time of development of the Property, or
portions thereof.
6. Periodic Review of Compliance. In accordance with Govt. Code Section
65865.1, the Department of Community DevelopmendPlanning Staff shall review this
Agreement at teast each calendar year during the term of this Agreement. At such
periodic reviews, Developer must demonstrate its good faith compliance with the terms
of this Agreement. Developer agrees to furnish such evidence of good faith compliance
as the City, and after reasonable exercise of its discretion and after reasonable notice
to Developer, may require.
7. Permitted Delays; Supersedure by Subsequent Laws.
7.1 Permitted Delays. In addition to any other provisions of this
Agreement with respect to delay, Developer and City shall be excused from performance
of their obligations hereunder during any period of delay caused by acts of mother nature,
civil commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or
supplies, or damage to or prevention of work in process by reason of fire, floods,
earthquake, or other casualties, litigation, acts or neglect of the other party, any
referendum elections held on the Enacting Ordinance, or the Land Use Ordinances, or
any other ordinance effecting the Project or the approvals, permits or other entitlements
related thereto, or restrictions imposed or mandated by governmental or quasi-
21
� PLANNING COMMISS.�N RESOLUTION NO. 2477 �
8.1 Events of Defauit. Subject to any extensions of time by mutual
consent in writing, and subject to the provisions of Section 7.1 above regarding permitted
delays, the failure of either party to perform any material term or provision of this
Agreement shall constitute an event of default hereunder ("Event of Default") if such
defaulting party does not cure such failure within ninety (90) days following receipt of
written notice of default from the other party; provided, however, that if the nature of the
default is such that it cannot be cured within such ninety (90) day period, the
commencement of the cure within such ninety (90) day period and the diligent
prosecution to completion of the cure shall be deemed to be a cure within such period.
Any notice of, default given hereunder shall specify in detail the nature of the alleged
Event of Default and the manner, if any, in which such Event of Default may be
satisfactorily cured in accordance with the terms and conditions of this Agreement.
During the time periods herein specified for cure of a failure of performance, the party
charged therewith shall not be considered to be in default for purposes of termination of
this Agreement, institution of legal proceedings with respect thereto, or issuance of any
permit, map, certificate of occupancy, approval or entitlement with respect to the Project.
8.2 Remedies. Upon the occurrence of an Event of Default, the
nondefaulting party shall have such rights and remedies against the defaulting party as it
may have at law or in equity, including, but not limited to, the right to damages and the
right to terminate this Agreement or seek mandamus, specific performance, injunctive or
declaratory relief. Notwithstanding the foregoing and except as otherwise provided in
Section 8.4 hereof, if either Developer or City elects to terminate this Agreement as a
result of the occurrence of an Event of Default, such proceeding of termination shall
23
l
� PLANNING COMMISS�vN RESOLUTION NO. 24T7
entitlements, on account of, any Exactions paid, given or dedicated to, or received by,
City prior to the date of termination of this Agreement. Except as otherwise provided in
lhis Section 8.4, all of the rights, duties and obligations of the parties hereunder shall
otherwise cease as of the date of the termination of this Agreement.
If this Agreement is terminated pursuant to any provision hereof, then the City
shall, after such action takes effect, cause an appropriate notice of such action to be
recorded in the official records of the County of Riverside. The cost of such recordation
shall be borne by the party causing such action.
8.5 Third Partv Actions. Any court action or proceeding brought by any
third party to challenge this Agreement or any permit or approval required from City or any
other governmental entity for development or construction of all or any portion of the
Project, whether or not Developer is a party defendant to o� real party defendant in
interest in such action or proceeding, shall constitute a permitted delay under Section 7.1.
9. Encumbrances on Property.
9.1 Discretion to Encumber. The parties hereto agree that this
Agreement shall not prevent or limit Developer, in any manner, at Developer's sole
discretion, from encumbering the Property or any portion thereof or any improvements
thereon with any mortgage, deed of trust or other security device ("Mortgage") securing
financing with respect to the Property. The City acknowledges that the lenders
providing such financing may require certain modifications to this Agreement, and the
City agrees upon request, from time-to-time, to meet with Developer and/or
representatives of such lenders to negotiate in good faith any such request for
25
' PLANNING COMMISS�JN RESOLUTION NO. 2477
thirty (30) days following the receipt thereof city acknowledges that a certificate hereunder
may be relied upon by transferees, assignees and lessees of the Developer and the
holders of any Mortgage.
10. Transfers and Assiqnments: Effect of Apreement on Title.
10.1 Riqhts and Interests Aqpurtenant. The rights and interests conveyed
as provided herein to Developer benefit and are appurtenant to the Property. Developer
has the right to sell, assign and transfer any and all of its rights and interests hereunder
and to delegate and assign any and all of its duties and obligations hereunder. Such
rights and interests hereunder may not be sold, transferred or assigned and such duties
and obligations may not be delegated or assigned except in compliance with the following
conditions:
(i) Said rights and interests may be sold, transferred or assigned
only together with and as an incident of the sale, lease, transfer or assignment of the
portions of the Property to which they relate, including any transfer or assignment
pursuant to any foreclosure of a Mortgage or a deed in lieu of such foreclosure. Following
any such sale, transfer or assignment of any of the rights and interests of Developer
under this Agreement, the exercise, use and enjoyment thereof shall continue to be
subject to the terms of this Agreement to the same extent as if the purchaser, transferee
or assignee, were Developer hereunder.
10.2 Covenants Run with Land.
(i) All of the provisions, agreements, rights, powers, standards,
terms, covenants and obligations contained in this Agreement shall be binding upon the
parties and their respective heirs, successors (by merger, consolidation, or otherwise) and
27
(
PLANNING COMMISSivN RESOLUTION NO. 2477
Either party may change its mailing address at any time by giving written notice of such
change to the other party in the manner provided herein. All notices under this
Agreement shall be deemed given, received, made or communicated on the date
personal detivery is effected or, if mailed, on the delivery date or attempted delivery date
shown on the retum receipt.
12. Indemnification.
12.1 Developer's Obligation. Developer will defend, indemnify and hold
the City and its elected officials, officers and employee free and harmless from any loss,
cost or liability (including, without limitation, liability arising from injury or damage to
persons or property, including wrongful death and worker's compensation claims) which
results from (i) any obligation which arises from the development of the Property
including, without limitation, obligations for the payment of money for materiat and labor;
(ii) any failure on the part of Developer to take any action which he is required to take as
provided in this Agreement; (iii) any action taken by Developer which he prohibited from
taking as provided in this Agreement and (iv) any claim which results from any willful or
negligent act or omission of Developer..
12.2 Citv's ObliQation. The City will defend, indemnify and hold Developer
and its, trustees„ beneficiaries, shareholders, directors, officers and employees free and
harmless from any and all loss, cost or liability (including, without limitation, liability arising
from injury or damage to persons or property, including wrongful death and worker's
compensation claims) which results from (i) any failure on the part of the City to take any
action which it is required to take as provided in this Agreement, (ii) any action taken by
29
r �
� PLANNING COMMISS�uN RESOLUTION NO. 2477
pursuant to this Agreement, it shall not be unreasonably withheld or delayed. Unless
provision is otherwise specified in this Agreement or otherwise required by law for a
specific time period, consent shall be deemed given within thirty (30) days after receipt of
the written request for consent, and if a party shall neither approve nor disapprove within
such thirty (30) day period, or other time period as may be specified in this Agreement or
otherwise required by law for consent, that party shall then be deemed to have given its
consent. If a party shall disapprove, the reasons therefor shall be stated in reasonable
detail in writing. This Section does not apply to development approvals by the City.
13.3 Not a Public Dedication. Except as otherwise expressly provided
herein, nothing herein contained shall be deemed to be a gift or dedication of the
Property, or of the Project or any portion thereof, to the general public, for the general
public, or for any public use or purpose whatsoever, it being the intention and
understanding of the parties that this Agreement be strictly limited to and for the purposes
herein expressed for the development of the Project as private property.
13.4 Severabilitv. If any term, provision covenant or condition of this
Agreement shall be determined invalid, void or unenforceable by judgment or court order,
the remainder of this Agreement shall remain in full force and effect, unless enforcement
of this Agreement as so invalidated would be unreasonable or grossly inequitable under
all the relevant circumstances or would frustrate the purposes of this Agreement.
13.5 Exhibits. The Exhibits listed in the Table of Contents, to which
reference is made herein, are deemed incorporated into this Agreement in their entirety
by reference thereto.
31
�
' PLANNING COMMISSION RESOLUTION NO. 2477
respect to the meaning or interpretation of any provision hereof or the performance of the
obligations of any party hereto, the defaulting party or the party not prevailing in such
dispute, as the case may be, shall promptly pay any and all costs and expenses
(including without limitation, all court costs and reasonable attorneys' fees and expenses)
incurred by the other party with respect to such to such dispute or in enforcing or
establishing its rights hereunder. Nofinrithstanding the foregoing, City shall not be required
to pay any costs or expenses (including without limitation, reasonable attorneys' fees and
expenses) which Developer may incur in respect of any hearing held pursuant to Section
7 hereof.
33
(
PLANNING COMMISSi�JN RESOLUTION NO. 2477
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On , 2008 before me, (here
insert name and title of notary), personally appeared
, personally known to me to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me 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.
Signature
(Seal)
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On , 2008 before me, (here
insert name and title of notary), personally appeared
, personally known to me to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
hislherltheir 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.
Signature
35
REVISED TRAFFIC IMPACT ANALYSIS REPORT
EL PASEO HOTEL
Palm Desert,Calibmla
May 5,2008
Prepared for:
Larkspur Asaociates
75656 Via Serena
Indian Wells,California 92037
LLG Ref. 2-08-2975
Prepared By: Under the Supervision of.• ����
Shane Green Richard E. Barretto, P.E. ���
Transportabon Engineer I Principal ,�eoc��►�o�
s�ir�
Coatn Mesa,CA 92628
714.841.15p r
714.641.0139 F
vuww.IlgenpineeR.com
May 5,2008 �,��
Trotflc
Tramportation
Mr. William De Leeuw ���
Lazkspur Associates
75656 Via Serena ��i
Indian Wells, California 92037
�r�y�.EnpMa.rs
iseo co�a.e.o�.
LLG Reference: 2.08.2975.1 S"���
co.ce�a�.,cn s�e
1I�.N1.15t7 T
Subject: ltevised Trnffic Impact Analysis for El Paseo Hotel ii�.e��.oxie r
Pa[m Desert,CA wwwcNqenpineers.com
Deaz Mr. De Leeuw: Po*��M
co.sa Me�a
As requested, Linscott, Law& Greenspan, Engineers (LLG) is pleased to submit this s'"°�0°
Rcviscd Traffic Impact Analysis for El Paseo Hotel, a proposed 154-unit boutique ���fl�
hotel to be developed by Larkspur Associates. The project site is a rectangular-shaped
vacant pazcel of land located north of Shadow Mountain Drive and east of Lazkspur
Lane in the City of Palm Desert, California The proposed project includes the
construction of a 106-room boutique hotel and 48-room condominium with a 205-
space parking structure.
This traffic analysis summarizes the trip generation potential for the proposed
Project, develops an estimated project traffic distribution pattern, and assigns the
project-related trips to the roadway system within the project vicinity. The traffic
analysis evaluates the relative traffic impacts of the proposed Project at six (6) study
intersections within a neaz-term cumulative traffic setting(2010).
We appreciate the opportunity to prepare this analysis. A surnmary of tinciin�;s ,�nc1
�c��iclu�i��ns can be t�>und on pa6.;s 21 and 22 ut' thiti rc�ort. Should you have any
questions or comments regazding the findings and recommendations within this report,
please contact our office at(714)641-1587.
Sincerely, �,
Philip M.linscoC,PE I�ebt-moq
Linscott,Law&Greenspan,EtlgIDCCI'9 J�ck M.Gremtpen,PE iR.cl
Wi4�m A I.sMt�ItW
Pad W.Wflkinwn,PE
John P Keetiiq,PE
Richard E. B1I'I@tt0�P.E. St1aYlE GT�11 OevidS.Slunder,PE
Principal Transportation Engineer I Jdn A Bo�rman.re
Cl�n M.laok-J�eper,PE
CC: File R�ch�rd E B�rnito,PE
Keil D.Meberry.PE
nn ia2Yve Comp�ny Faaa.e iee�
N`2�XH112U82975`.Report�2973 F7 Peseo Hoid Cova l.a[a S-OS-OB doe
TABLE OF CONTENTS
$ECTION PA(iE
1.0 Introduction..................»..................................................................».............................»...... 1
2.0 Prnject Description aad SetNng»........................................................................................... 2
3.0 Study Scope...................................................»...................................................».................... 3
i.l I'ruffic AnalySis Time Pcriod and 5tudy [ntcrsections...................................
................. 3
4.0 Existing Conditions�����N�������������������������������������������N���NHN���������������������������������������N����� 4
4.1 Existing Street Network................................................................................................... 4
4.2 Existing Traffic Volumes................................................................................................. 4
43 Existing Peak Hour Levels of Service....................................................................... 4
4.4 Existing Traffic Conditions........................................................................................ 6
5.0 Traffic Forecasb����N�������NN���������������N����������������N�����1���������M�����H��N�����N���N������������������������N 9
5.1 Project Traffic Volumes................................................................................................... 9
5.1.1 Project Trip Generation................................................................................. 9
5.1.2 Project Traffic Distribution and Assignment................................................... 12
5.2 Cumulative Base Projects................................................................................................ 13
5.2.1 Year 2010: Background Traffic Growth........................................................ 13
5.2.2 Year 2010: Cumulative Project Forecasts...................................................... 13
5.3 Year 2010 Cumulative Base Trat�c Volumes................................................................ 13
5.4 Year 2010 Cumulative Plus Project Traffic Forecasts.................................................... 13
6.0 Trat�'ic Impact Analysis.................................................................................................... 16
6.1 Significant Traffic Impact Criteria.................................................................................. 16
6.2 Year 2010 Cumulative Base Traffic Condi6ons............................................................. 17
6.3 Year 2010 Cumulative Plus Project T�c Conditions.................................................. I 7
7.0 Site Access Evaluation............................................................................................................ 19
ti.0 �ummary of Fin�lin�.s.............................................................................................................. Z I
14PPENDICE3
A�ax �
A. Intersection Peak Period Traf�ic Counts
B. Intersection Peak Hour Level of Service Worksheets
LINSCOTT,LAW�GREENSPAN,e�ineers LLG Rof.2-08-2975
� El Pasoo Hotel,Palm Deserc
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LIST OF FIGURES
S[c'r�oiwFicuRE� Fouow�c Pac�
Figure2-1: Vicinity Map.................................................................................................................2
Figure2-2: Proposed Site Plan........................................................................................................2
Figure3-1: Study Area.................................................................................................................... 3
Figure 4-1: Existing Roadway and Intersection Physical Characteristics.......................................4
Figure 4-2: Existing Weekday Midday Peak Hour Traffic Volumes..............................................4
Figure 4-3: Existing Weekday PM Peak Hour Traffic Volumes.....................................................4
Figure 4-4: Existing Saturday Midday Peak Hour Traf�ic Volumes...............................................4
Figure 5-1: Project Distribution Pattern......................................................................................... 12
Figure 5-2: Project-Generated Weekday Midday Peak Hour Traffic Volumes............................ 12
Figure 5-3: Project-Generated Weekday PM Peak Hour Traffic Volumes................................... 12
Figure 5-4: Project-Generated Saturday Midday Peak Hour Traffic Volumes............................. 12
Figure 5-5: Related Projects Location Map................................................................................... 13
Figure 5-6: Year 2010 Cumulative Base Weekday Midday Peak Hour Traff'ic Volumes....,....... 15
Figure 5-7: Yeaz 2010 Cumulative Base Weekday PM Peak Hour Traffic Volumes................... 1 S
Figure 5-8: Year 2010 Cumulative Base Saturday Midday Peak Hour Traf�ic Volumes............. 1 S
Figure 5-9: Year 2010 Cumulative+project Weekday Midday Peak Hour Traffic Volumes..... 15
Figure 5-10: Yeaz 2010 Cumulative+Project Weekday PM Peak Hour Traffic Volumes....,....... 1 S
Figure 5-11: Yeaz 2010 Cumulative+Project Saturday Midday Peak Hour Traffic Volumes...... I S
LinsCorr,UW�GREBdSPAN,enpb�eers LLG Ref.2-08-2975
II EI Pasoo Notel,Palm Desed
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LIST OF TABLES
SECt�-Tae�e# PAc�
Table 4-1: Level of Service Criteria for Signalized Intersections.....................................................5
Table 42: Level of Service Criteria For Unsignalized Intersections................................................ 7
Table 4-3: Existing Intersection Peak Hour Levels Of Service........................................................ 8
Table 5-1: Project Trip Generation Forecast—Option 1................................................................. 10
Table 5-2: Project Trip Generation Forecast—Option 2................................................................. 11
Table 5-3: Location and Description of Related Projects ............................................................... 14
Table 5-4: Related Projects T�c Generation Forecasts .............................................................. 15
Table 6-1; Year 2010 Intersection Peak Hour Levels of Service.................................................... 18
Table 7-1: Year 2010 Intersection Peak Hour Levels of Service
For Project Driveway Intersections............................................................................... 20
LINscOrT,Uw 8�GREeN�aa,engM�eera LLG Ref.2-08-2975
III EI Paseo Hotel,Palm Desert
� .�,�;����r,xw�c 2i.�,���•,��„Rr.i.ed F:I P.�.rn!i�:iel�I,\�-s.��s�kk
REVISEQ TRAFFfC I�PACT ANALY313 REPORT
EL PASEO HOTEL
Palm Desert,CaiKomla
May 5,2008
1.0 INTRODUCTION
This report documents t�e findings of the traffic impact analysis report conducted by Linscott, Law
8t Greenspan, Engineers (LLG) to determine and evaluate the traffic impacts needs associated with
El Paseo Hotel project (hereinafter referred to as Project). The report presents an inventory of
existing charactcristics and traffic volumes on roadways adjoining the Project site, forecasts
vehicular traffic anticipated to be generated by the Project, evaluates potential impacts of these
Project-generated trips on the surrounding street system, and determines whether mitigation
measures are necessary to alleviate Project-specific impacts. The project site is a rectangular-shaped
vacant parcel of land located on the northeast corner of Shadow Mountain Drive and Larkspur Lane
in the City of Palm Desert, California
LINSCOrr,LAW&GREENSPAN,engbteers 1 LLG Ro£2-0&2975
EI Paseo Hotel,Palm Dcserc
't.'•iuN70S2�)7<�Rrp�n� ?':7t Q�,�,Kd F.I Pa.r.i iiuid 71�1 c.<OS�kx'
2.0 PROJECT DESCRIPTION AND SETTING
The Project is located in the City of Palm Desert's El Paseo Shopping District, also known as the
"Rodeo Drive of the Desert". This mile-long stretch of El Paseo serves a mix of retail, restaurant,
and office uses, and nuis parallel to SR-11 l, one block to the south of the Highway. El Paseo has a
landscaped median,and provides on-street parking on both sides of the street.
The proposed Project consists of 106-room boutique hotel and 48-room condominium with a 205-
space parking garage in the City of Pa1m Desert, California. The project site is a rectangular shaped
vacant parcel of land located on the northeast corner of Shadow Mountain Drive and Larkspur Lane.
Flgure 2-1 shows the location of the project site in relation to the surrounding street system. Flgure
2-2 presents the proposed site plan for the Project prepared by Ochoa Design Associates. The Project
is expected to be completed by Year 2010.
LINSCOtt,UW 8 GREENSPAN,enginee+s 2 LL(i Ref.2-08-2975
EI Paseo Hotel,Palm Desert
� -�p)'1uS2�7a�0.qw,ri�ni7i Rc.i.�J FI Pn.,ati�Hoid TI l�.:.)S�Lh
3.0 STUDY SCOPE
The work scope for this study, including the base assumpdons, technical methodologies, and
geographic coverage, satisfies standard City and Congestion Management Program (CMP) impact
steidy guidelines/requirements, and was developed in conjunction with City of Palm Desert Traffic
Engineering and Planning staff. The following tr�c scenarios are addressed in the study:
■ Eaisting Conditiona - The analysis of existing traffic conditions is intended to provide a
base analysis for the remainder of the study. The existing conditions analysis includes an
assessment of the key roadways in thc azea,current haffic volumes,and circulation.
� Year 2010 Cumulative BAse Conditions—This phase of analysis projects future traffic
growth and operating conditions in the Year 2010 (anticipated completion year for the
project) which could be expected to result from regional growth and related/cumulative
projects without the addition of project tra�ic.
• Year 2010 Cumulative plus Project Conditiona - This is an analysis of future traf�ic
conditions in the Year 2014 with the addition of project-generated iraffic. Any potential
traf�c impacts will be determined,and mitigation measures developed.
3.1 Traffic Analysis Time Period and Study intersections
l�ru�li� �tuclics typically tocu, c�n thc time periud dw•in�; the <lay when th� trans�ortati��n sy�,trm is
most hcavily l��aded and cc�n�trainc�i. "I'he purpose i�f the tral�fic ;tudy i� tc� dctern�inc lll� <<dec{ucicy
c�f the trsnspurt�.��ion tiyst�m to accommodate the peak demand af a projcct. If� thc transpc�rtatiun
:,ystcm can atec�mmo�ate the �eak periad uf a pri�jcct. th� systern can ultio ,iecommudatc ��ch�r time
���ric�ds, pro�'id�d [he r��ic�n��l deman�ls «n the tr,insportctti��ii sy��trm are lu���r. 1�Vithii� thc City c�f
(';ilm I:)��crt, thc: C;ily r�yuir�s thai .� ��r��j�ct's ����tential traf�tic in�pacts he ��<�)r.iat��d �.luri��o th�
�vicekclay !�ti�lday F cak }Iour anii P!�i Peak I-tour ai�d Sat�u�ci,iy :��Iiilday ['�ak I luur. It is cluring th�sc
lhrcc; C�c�k huurs that traffic; volum�s in the des�rt ar� typicully at its peak.
Three signalized intersections and three stop-controlled intersections were selected for detailed peak
hour level of service analysis under each of the scenarios identified above. The analysis is focused
on assessing potential impacts during the weekday midday peak hour (between 11:00 AM and 1:00
PIvn, weekday afternoon commute peak hour (between 4:00 and 6:00 PM), and Saturday midday
peak hour(between 12:00 noon and 2:00 PN1)at the 6 study intersections and two project driveways.
F�gure 3-1 illustrates the study azea and the 6 key intersections analyzed, which include the
following(signalized intersectian,except where noted): �
1. San Pablo Avenue at El Paseo
2. Larkspur Lane at El Paseo
3. San Luis Rey Avenue at El Paseo
4. San Pablo Avenue at Shadow Mountain Drive(unsignalized)
5. Larkspur Lane at Shadow Mountain Drive(unsignalized)
6. San Luis Rey Avenue at Shadow Mountain Drive(unsignalized)
LwscOrr,Uw 8 GRE�t+sP�w,enpineers 3 LLG Ref.Z-08-2975
EI Pnseo Hotel,Palm Desert
V'�OOA 2��_�7c.Rc;n,r1:47:R<.inrJ FI P�.rn H�dN('I,\t.�qN d.u�
4.0 EXISTING CONDITIONS
The assessment of existing conditions includes an inventory of the street system, traffic volumes
using these facilities,and traffic operating conditions at analyzed locations.
4.1 Existing Street Network
A comprehensive inventory of the street system within the study azea was undertaken to develop a
detailed description of existing traffic conditions.
Figure 4-1 illustrates the existing physical characteristics of the streets, including lane
configurations and traf�ic control at intersections, number of travel lanes, posted speed limits, and
median types along roadways.
4.2 Exis�ng Traffic Volumea
Weekday midday and PM peak period, and Saturday midday pealc period traffic counts were collected
at the five of the 6 key intersections duting in March 2007, with supplemental traffic counts collected at
the sixth location in March 2008. Appendix A contains the intersection peak period traffic counts.
Figures 4-Z through 4-� illustrate the existing weekday midday, weekday PM, and Saturday midday
peak hour traffic volumes, respectively.
4.3 Existing Peak Hour Levels of Service
Level of Service (LOS) qualitatively measures the operating conditions within a traffic system and
how drivers and passengers perceive these conditions. Level of service ranges from LOS A (frce-
tlow cunditions) ta LOS F (severely cang�stecl conditions). Per the City's General Plan, LOS C is
the goal in Palm Desert. Exceeding that goal would only be acceptable where maximum feasible
intersection improvements have been implemented.
Based upon City guidelines, the 2000 Highway Capacity Manual (HC� signatized methodology
was used to detercnine the level of service for the three signalized key intersections. Based on the
HCM method of analysis, level of service for signalized intersections is defined in terms of average
control delay per vehicle,which is a measure of driver discomfort, frustration,fuel consumption,and
lost travel time. The levels of service criteria for signalized intersections are shown in Table 4-1.
The following default values and assumptions were applied in the level of service analyses, based on
the County of Riverside input parameters(Traff c Impact Analysis Preparation Guide, August 2005)
and other traffic studies completed in the area. •
■ Base Saturation Flow Rate: 1900 pc/hr/In(per RCTD)
■ Heavy Vehicle Factor: 0%(per LLG)
■ Cycle Length: 100 seconds(per LLG)
� Lost Time: 16 seconds for four-phase signals; 12 seconds for three-phase signals; 8
seconds for two-phase signals(per RCTD and HCIVn
� Amber Time: 4 seconds/phase(per LLG)
LwSCOTT,LAW&GREa�SPM1,enpineera 4 LLG Ref.2-08-29'75
EI Paseo Hotel,Palm DcseR
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TAsIE 41
LEYEL OF SERYICE CRITERIA FOR SIGNALIZEO INTERSECTIONS�
Level of Service Control Delay Per Vehlcle �yel oi Service Deacription
(LOS) (seconds/vehicle)
This level of service occurs when progression is
extremely favorable and most vehicles arrive during
A < 10.0 the green phase.Most vehicles do not stop at all.
Short cycle(engths may also contribute to low
delay.
This level generelly occurs with good progression,
B > (0.0 and<20.0 short cycle lengths,or both. More vehictes stop than
with LOS A,causing higher levels of average delay.
Average braffic delays.These higher dclays may
result from fair progression,longer cycle lengd�s,or
� C >20.0 and<35.0 ��•Individual cycle failures may begin to appear
— at this level.The number of vehicles stopping is
significant at this level,though many still pass
tlu�ough the intersection without stopping.
Long traf�ic delays At level D,die influence of
congestion becomes more noticeable.Longer delays
may result from some combination of unfavorable
D >35.0 and<SS.O progrossion,long cycle lengths,or high v/c ratios.
Many vehicles stop,and the proportion of vehicles
not stopping declines. Individual cycle failures are
noticeable.
Vety long traffic delays This level is considered by
many agencies(i.e.SANBAG)to be the limit of
E >55.0 and<80.0 �ceptable delay.These high delay values generally
— indicate poor progression,long cycle lengths,and
high v/c ratios.Individual cycle failures are freyuent
occurrences. .
Severe congestion This level,considered to be
unacceptable w most drivers,often occurs with over
, saturation,d�at is,when arrival flow rates exceed
F >_80.0 the capacity of tfte intersection.It may also occur at
high v/c ratios below 1.0 with many individual
cycle failures.Poor progressiop and long cycle
lengths may also be major contributing factors to
such delay levels.
� Source:Hlglnvay Capactty Mamial 2000,Ct►apter l6(Signalized IntersecGons).
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EI Pasao Houl,Palm lleseR
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� Minimam Green: through movements aze given the minimum pedestrian crossing time
and turning movements are given 7 seconds(per RCTD)
■ Minimam Pedesirian Crossing Tirae: based on the signal timing plans if available, or
calculated by using the minimum pedestrian crossing time equation(per HCIvn
■ Anatysis Time Period: 0.25 hour(per HCI�
■ Peak Honr Factor: 0.95 (per LLG)
The 2000 HCM unsignalized methodology for stop-controlled intersections was utilized for the
analysis of the three unsignalized key intersections. This methodology estimates the control delay
(expressed in seconds per vehicle) for each of the traf�c movements on each approach of the
intersection, and determines the level of service for each movement based on the control delay for
the subject movement. The control delay and level of service reported for the intersection
corresponds to the most constrained movement. The levels of service criteria for unsignalized
intersections are shown in Table 4-2.
Based upon the level of service methodologies described, the existing peak hour traffic volumes
presented in Figures 4-2 through 4-4 were used in conjunction with e�cisting lane configurations
illustrated in Figure 4-1 to determine the current traffic operating conditions at the 6 key
intersections. Appendtx B contaias the detailed level of service worksheets.
4.4 Existing Traffic Conditions
Table 4-3 sumrnarizes the existing peak hour levels of service at the 6 study intersections. As
shown, all of the key intersections currently meet the City's LOS goal during the weekday midday,
weekday PM, and Saturday midday peak hours, with each of the study intersections currently
operating at LOS C or better.
,
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EI Paseo Hotel,Palm Desert
4 ••,Ov;�,a?mc�Rop�ni?,;a Rc,�„�F:i r.�,e��H��i.•1 rI�°�ox r��.
T�►slE 42
LEVEI.OF SERVICE CRITERW FOR UNSIGNALIZED INTERSECTION82
Level of Servke Highway Capacity Manual �,el otService Description
(LOS) Delay Value(sec/veh)
A 5 t0.0 Little or no clelay
B > 10.0 and 5 15.0 Short traffic delays
C > 15.0 and 5 25.0 Averege traffic delays
D >25.0 and S 35.0 Long traYfic delays
E >35.0 and S 50.0 Very long traffic delays
F >50.0 Severe congestion
Z Sourcc:Nrghway Capacity Marrua!1000,Chepter 17(Unsignaliud[atersections).
W�sCotr,LAW�GREENSPaN,enph�eeis 7 LLG Ref.2-08-2975
EI Paseo Hotel,Palm Desert
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Tne�e 43
EXI8TING INTERSECTION PEAK HOUR LEVELS OF SERVICE3
Time Control Delsy
Key Intersectiona Period Type (sec/veh) LOS
l. San Pablo Ave at Midday 50 Tratfic 19.2 B
EI paseo PM Signal 19.0 B
Sat Midday 18.5 B
2. L,arkspur Lane at Middey Sf?�Traffic 23.4 C
El Paseo PM Signal 22.2 C
Sat Midday 24.2 C
3, San Luis Rey Ave at Midday 50 Traf�ic 22.7 C
El Paseo PM Signal 23.0 C
Sa�Midday 22.5 C
4. San Pablo Ave at Midday One-Way 10.4 B
Shadow Mountain Dr PM Stop Control 103 B
Sat Midday 9.6 A
5. Larkspur Lane at Midday One-Way 10.3 B
Shadow Mountain Dr PM Stop Control 10.2 B
Sat. Midday. 10.1 B
6. San Luis Rey Ave at Midday All-Way 8.5 A
Shadow Mountain Dr PM Stop Control 8.4 A
Sat Midday 8.1 A
Notes:
■ LOS=C.evel of Service,pleese rofer to Tabks 4-!and 4-1 for the LOS definitions.
■ Bold Delay/LOS valuee indicete adve�se service levels based on City of Palm Desert LOS standards:
3 Appendlx B containr HCM LOS sheets for key swdy intersections.
�
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EI Paceo Houl,Palm DeseR
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5.0 TRAFFIC FORECASTS
To evaluate the potential traffic impacts of the proposed development, the am.ount of traf�ic that
could be generated by the Project (i.e., project traffic generation), and future traffic volumes on the
surrounding street system (i.e., Cutnulative Base forecasts), was forecast. The Cwnulative Base
scenazio (representing future conditions without the proposed Project) could then be compared with
the Cumulative Plus Project scenario(representing future conditions with the project).
5.1 Project Traffic Volumea
A multi-step process was utilized to develop Project traffic forecasts. The first step is project traffic
generation, which estimates the total arriving and departing traffic at the project site on a peak hour
and daily basis. The second step of the forecasting process is Project traffic distribution, which
involves the development of a geographic trip distribution pattern that identifies the
origins/destinations of project traffic. The third step is project traf�ic assignment, by which Project-
generated trips are allocated on the street system.
5.1.1 Project Trip Gene►��on
Traffic generation is expressed in vehicle trip ends, defined as one-way vehicular movements, either
entering or exiting the generating land use. Generation factors and equations used in the traffic
forecasting procedure are found in the Seventh Edition of Trip Generation, published by the Institute
of Transportation Engineers(ITE) [Washington,D.C.,2003).
Table �1 summarizes the trip generation forecast for the Project as a mi�cture of 48-condominium
units and 106 hotel rooms. As shown, under this assumption (Option 1), it is estimated that on a
typical weekday, the Project is expected to generate a total of 1,147 daily trips on a "typical"
weekday, with 90 trips (53 inbound and 47 outbound) forecast during the midday peak hour and 88
trips (50 inbound and 38 outbound) forecast during the PM peak hour; on Saturday, the Project is
expected to generate 1,140 daily trips with 99 trips (54 inbound and 45 outbound)forecast during the
midday peak hour. '
Table 5-2 summazizes the trip generation forecast for the Project using Hotel trip generation rates for
the entire project. As indicated in Table S-2, under tlus assumption(Option 2), it is estimated that a
154-room hotel is expected to generate a total of 1,258 daily trips on a"typical" weekday, with 94
trips (54 inbound and 40 outbound} forecast during the midday peak hour and 91 trips (48 inbound
and 43 outbound) forecast during the PM peak hour. On a Saturday, the proposed Project is
expected to generate 1,261 dai[y trips with 111 trips (62 inbound and 49 outbound) forecast during
the midday peak hour. To provide a conservative analysis, these trips were used to evaluate the
Project's potential traffic �mpacts at the six study intersections.
Lu�sCOrr,Uw 8 GaEErosPnra,engineers 9 LLG Ref.2-08-2475
EI Peseo Hotcl,Palm Desert
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It tihcluld be noted lh�it t}ie implementatio�� of the proposed Project, at worse, will result in nu more
,!�.+�i one and half�1'/z) additional vehicles per GU seconds during the weekday Midday Peak Iiour
and 1'M 1'eak Hour and no more than two (2) additional vchicles per 60 seconds during the
Saturday Peak liour. rurther, althoubh the proposcd Project is forecast to generate over 1,200
�i�ily trips, it is durin�; the peak hours that the pmject's potential impacts �ue evalu.�ted since
iranspoirtation system is most lieavily loaded anJ cunstrain�d at these times (Le. wr�kday Midday
I'eak Nour and I'M Peak Hour and Saturdzy Midday Peak Hour).
5.1.2 Project Trafflc Dlstrlbutlon and Asslgnment
The geographic distribution of traffic generated by developments such as the project is dependent
upon the following factors:
■ The project's markedservice azea
■ Location of site access points in relation to the surrounding street system
■ Location of pazking areas,and ingress/egress availability at the pazking azeas
■ The site's proximity to major traffic carriers and regional access routes
• Physical characteristics of the circulation system such as lane channelization and
presence of traf'fic signals that affect travel patterns
■ Presence of traffic congestion in the surrounding vicinity
Based upon these consideraiions and previous traffic studies completed in the study azea, a traffic
distribution pattern was developed for El Paseo Hotel components of the project, as presented on
Ftgures S-l.
The tr�c expected to be generated by the project was assigned to the local street network using
the project trip generation estimates presented in Table S-2, and the distribution patterns illustrated
on Figures S-1. Figures 5-2 through S-4 illustrate the resulting project-generated traffic voiumes
during the weekday midday, weekday PM, and Saturday midday peak hours, respectively.
L�NSCO1r,Lnw�G�ENSanN,e+igbieers 12 LLG Ref.2-OS-297S
EI Pasoo Hotel,Palm Desert
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5.2 Cumulativve Baae ProjecUona ,
The Cumulative Base or "background" traffic projections account for existing traffic volumes, and
include two growth elements over existing h�at�ic volumes: (I) increase in the existing traffic
volumes due to overall regional growth; and, (2) tiaffic generated by specific developments
eKpected to be constructed by Year 2010 ia the vicinity of the project study area. The following
sections describe these two growth eleirients in existing traffic volumes.
5.2.1 Year 2010:Background Trafflc Growth
The application of a 2% growth rate to existing traffic volumes at the six key intersections was
applied to horizon year 2010. The 2% annual growth rate was determined based on prior
discussions with City staff.
5.2.2 Year 2010:Cumulative Pnoject Forecasts
Based on our research at the City of Palm Desert, there aze two related projects within the project
study azea, which will be completed prior to or concurrent with the proposed Project, as presented
in Figure S-S. Table S-3 presents the development Iocations and descriptions, while Table S-�
presents the development totals and resultant trip generation for the related projects. As shown in
Table S-4, the related projects are expected to generate a combined total of 3,268 daily trips on a
"typical" weekday, with 255 trips (136 inbound and 119 outbound) forecast during the midday
peak hour and 197 trips (101 inbound and 96 outbound) forecast during the PM peak hour. On a
Saturday, the two related projects aze expected to generate 3,333 daily trips with 305 trips (164
inbound and 141 outbound)forecast during the midday peak hour.
5.3 Year 2010 Cumulat�ve Base Traffic Volumes
F�gures S-6 through S-8 illustrate the Year 2010 Cumulative Base weekday midday, weekday PM,
and Saturday midday peak hour traffic volumes, respectively.
5.4 Year 2010 Cumulative plus Project Traffic Forecasta
The estimates of project-generated traffic volumes were added to the Year 2010 Cumulative Base
forecasts to develop traffic projections for the Year 2010 Cumulative plus Project scenario.
The resulting Yeaz 2010 Cumulative plus Project traf�ic volumes at each of the analyzed locations are
shown in Figures S-9 through 5-11 during the weekday midday, weekday PM, and Saturday
midday peak hours,respectively.
GNSCO�,LAw 8 C�Er�Nv,er+Qlr►ae�rs �3 EI P�eo H el,Paim Desut S
,v t,;w�r,��•�:�riri��„�tmc a.,�.�,i ei r.,,n,H�nd TI,\,.y��a d�x
Tae�e�3
� LOCATION AND DESCRIPTION OF RELATED PROJECTS
Cumulative Project/City
No. Location/Addras De�criptioo
Case Number
1. The Garden on El Paseo San Pablo Avenue and El Paseo 27,000 SF Saks Fifth Avenue addition,
36,893 SF Retail,20,207 SF Restaurant
and 15,734 SF General Of'fice
2. San Pablo Village San Pablo Avenue and El Paseo 13,180 SF Retail,4,600 SF Ot�ice,
S,88S SF Restaurant
Lu�SCOrT,Lnw 8 GREENSPAN,enyNiee�s LLG Ref.2-08-29�5
�4 EI Pasoo Hotel,Palm Cksert
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6.0 TRAFFIC IMPACT ANALYSIS
This section presents a comparison of conditions with and without the Froject at each analyzed
intersection to detemune the incremental effect of the proposed Project on Year 2010 traf�c
conditiAns. ��s in�licatecl, carlicr, sinec trat'fic studies typically foc:us on the time period during the
day when tlie trans�w��tation system is most heavily loadecl and constrained, tiie pc�tential traf�ic
impacts oF the prajcct wcre cvuluated during weekday Midday Peak �lour and }'Ait Pcak Hour
and Saturday Midday Pe.ilc Hour, which r�present the lhrec peak hours th.zt trat�ic volumes in thc
�fes�rt are typically at its pc��k. Detailed calculations of the levels of service are included in
Appendix B.
6.1 Significant Traffic Impact Criteria
In order to provide a quantitative basis for determining the significant traffic impact at a specific
locadon, it was necessary to establish the criteria to be used in the analysis of intersections for
this study. As noted previously, per the City's General I'lan, L(3S C is the goal in Palm Uesert.
Based upon the City's traffic study guidelines, a project is considered to have a significant
impact at an intersection if the following criteria are met:
For Signalized Intersections:
■ the Delay value under"with project"conditions is greater than 35 seconds per v�hicle
(L�JS D, f� ur P),and
■ there is an Average Delay increase attributable to the Project
For Unsignalized Intersections:
■ the Average Delay under "with projecY' conditions is greater than 2S seconds per
vc(�icie (LOS f), F ur �}, and
■ there is an Average Delay increase attributable to the Project
The potential significant impact at the key intersection should be mitigated to offs,et the Average
Delay increment attributable to the Project, and to bring back the level of service to pre-Project
or Cumulative Base conditions.
LwsCoi�,Lnw b GREENSPnN,enqN�ee�s 16 LLG Ref.2-0&2975
EI Paseo Hotel,Pelm Descrt
�; ^�aNh?ux_'<�7oR.�����i:o7t Rr.�.<d fl P.�.�„H��id I'I�;.c.09.4�.
6.2 Year 2010 Cumula�ve Base Trafflc Condi�ona
The projected Year 2010 Cumulative Base peak hour traf�c volumes were analyzed to determine
the level of service for each of the analyzed intersections.
As presented in Table 6-1, all of the key intersections meet the City's minimum LOS criteria
during the weekday midday, weekday PM, and Saturday midday peak hours. The 6 study
intersections aze forecast to continue to operate at LOS C or better in the Year 2010.
6.3 Year 2010 Cumulative plua Project Traftic Condi�ons
The Yeaz 2010 Cumulative plus Project peak hour traffic volumes were analyzed to determine
the level of service for each of the analyzed intersections.
Based upon the application of the significance criteria described previously, Table 6-1 indicates
that the proposed Project is not expected to cause significant traffic impacts at any of the 6 key
study intersections. The 6 study intersections are forecast to continue to operate at LOS C or
better in the Year 2010 with the addition of Project traffic, as thr impact of projcct-r�latc:d traFtic
at cach c�f the study intecsectians will result in an inerease of intc;rsection delay of not mure than
1 seconcl per vchi�le (See coluntn 3 and 4 of' Tuble h-1), which will not likely be noticcal�le.
Therefore,project-related mitigation measures are not necessary.
LINSCOTT,Uw 8 Gtt�NSP�uI,engineeis 17 LLG ReE 2-08-2975
EI Pasco Hotel,Patm Desert
� zs�o�na�a,��y�,�.�n;s rt..�,r,i n r.,.r,�ta����I Tl.�(_S.UB,i„�
Tne�6-1
YEAR 2010 INTERSECTION PEAK HOUR LEVELS OF SERVICE�
�i� Year22010 �3�
Year 2010 Project
Cumulative Bsse CumulAtive Plu� �mpact
Projcet
Chunge in �4)
��Ay LOS ��Y L03 I)elay Slgniflcant
Key Iotersectbns Time Period �s�'eh) (seclveh) �,�/veh) Impact
1. San Pablo Ave at Midday 19.9 B 20.0 B 0.I No
El Paseo PM 19.8 B 19.8 B 0.0 No
Sai.Midday 19.4 B 19.4 B 0.0 No
2. Larkspur Lane at Midday 23.5 C 24.0 C 0.5 No
EI Paseo PM 22.4 C 23.1 C 0.7 No
Sat Midday 25.0 C 25.9 C 0.9 No
3. Sen Luis Rey Ave at Midday 23.0 C 23.1 C t).I No
EI Paseo PM 23.1 C 23.3 C 0.2 No
Sa�Midday 22.6 C 22.8 C f).2 No
4. San Pablo Ave at Midday 10.9 B 11.I B 0.2 No
Shadow Mountain Dr PM 10.7 B 10.9 B 0.2 No
Sat.Midday 10.0 B 10.2 B u.3 No
5. Larlcspur Lane at Midday 10.8 B 10.9 B �).I No
Shadow Mountain Dr PM 10.5 B 10.7 B (�."_' No
Sat.Midday 10.6 B 10.7 B �).I No
6. San Luis Rey Ave at Midday 8.9 A 9.1 A �1.2 No
Shadow Mountain Dr PM 8.7 A 8.8 A �).t No
Sat.Midday S.5 A 8.b A ().i. No
Notes:
� L(hS=Level of Service,pleese refer to Tables 4-I and 4-2 for tho LOS detinitioro.
■ Bold Delay/LOB vaina indicate edverse service levels based on City of Palm DescR LOS standards.
e Appendtx B contains HCM LOS sheets for key study iutersections.
UNSCO7T,LAW&GREENSPAN,englrlBAlB 1 s LLG Ref.2-08-2975
EI Paseo Hotel,Palm Desert
� >cri7'nA?�+7�Repnrt>m�R���.<J CI ra.�>H�,id fl��c t 03 J��c
7.0 SITE ACCESS EVALUATION
Access to the Project will be provided via two entrances one located along Larkspur Lane and
one located on Shadow Mountain Drive. Evaluation of the project site access includes review of
the stacking/storage requirements at the two project driveways. T'he queuing evaluation was
conducted based on projected peak hour project driveway traffic volumes using the Highway
Capacity Manual (HC11� unsignalized methodology. Based on the HCM service level
� calculation, which calcutates a critical (95�' percentile) queue value in number of vehicles, the
weekday midday, weekday PM, and Saturday midday peak hour queue length is not more than
one(1)vehicle at either driveway for the outbound movements from the Project site.
Table 7-1 summarizes the intersection operations at the two project driveway intersections under
near-term (Year 2010) tr�c conditions at completion and full occupancy of the proposed
Project. The operations analysis for the project driveways is based on the Highway Capaciry
Manual 2000 (HCM 2000) methodology. Review of Table 7-1, shows that the t�vo Project
driveways are forecast to operate at LOS A or LOS B. As such, Project access will be adequate.
Motorists entering and exiting the Project site will be able to do so comfortably, safely, and
without undue congestion.
L�t�SCOTi,Uw b GREENSPMI,enyN►eer8 19 LLG Ref.2-08-2975
E!Paseo HoteJ.Palm Dcsert
�. ��n,u��os�o,c n��•„n:��z,nr•,�J 1:1 P.�.rn Hoid'il\;.;.os e,,.
T�►s�E T•1
YEAR 2010 INTERSECTION PEAK HOUR LEVEL8 OF$ERVICE
FOR PROJECT DRNEWAY INTERSECTION89
1 �2� 3
Y r 2010 1'ear 2010 Si�nificant
Cumu l a t ive Base Cumulative Plus Impa c t
Project
Key Intersectton� Time Period (y�/Ve� L03 �����b� LOS Ye�/No
7. Larkspur Lane at Midday - - 8.8 A No
Driveway i PM - - 8.7 A No
Sat.Midday - - 9.0 A No
8. Shadow Mountain Dr at Midday - - 10.5 B No
Driveway 2 PM - - 10.4 B No
Sat.Midday - 10.1 B No
Notes:
■ LOS=L.evel of Service,please refer w Tables M 1 and 42 for the LOS definitions.
■ Bold DelaylL09 valna indicate adverx suvicx levels bascd on City of Palm Desert LOS stendards.
.
9 Appendtx B wntains HCM LOS sheets for key study intersedioro.
�
LlNSCOTT,LAW d GREENSPAN,englneers LL(}Ref.2-08-2975
2� El Paseo Hcxel,Palm Desert
V�'�aN;^_Ci2�77;R���,ni:'�7;R�.�,nl EI P.na,Hrnd TI 1 S-`-nS�kX.
8.0 SUMMARY OF FINDINGS
� Projecl De.scription — The �roposed Project is located in the City uf Palm Desert's [:l Paseo
Shopping District, al5o known as the "Rcxieo Drive of the Desert". "rhe Project c�nsists uti
1 U6-roc�m bot�tiyue holel and �38-ruom conduminiu�n with a ?OS-space parking barabe in the
City ot�Palm Desert, Califi�rnia. `Che project site is a r�ctangular shapeei vacant parccl of land
locate�l on the northeast corner c�f Shadow I��iountain Drive and Larkspur l,ane.
• Struly Scope--�I'he tolla�ving six (6) intersecU�>ns were srlcetcel for analysis h��sed c�n City of
I'alm Uesert r�quirements.
I. S,�n Pablo�'lvenuelF.I P��eo
2. I.arkspur[,a�le/El P�.seo
3. San I.uis Rey ��vcnue/El Paseo
4. San I'ablo Avenue/Shaduw h1ountain Drive
5. I.ark.pur t_ane/Shadow Mountain Drive
6. San Luis Rey AvcnuziSh�dc�w :Vtc�untain Drive
Detaited peak hour lcvel uf servicc; calculations were prepareJ at che <<bo��e (oc;aticins I-or
E�cisting `fraf�ic C:onditions, Year 2410 Euture "l,raf�ic Conditic�ns, and Yc<Zr 2O1U f�uttire
"1'raftic Cunditions plus 1'rojcct. "The t,cvc! uf Service calculations were also prep�rc�l for the
two propuscd project drivewa}� intersections ��ne locatcd along (,arksp►ir I.,clne �ind the ��ther
locat�d along �how�low �tuuntain Driv�. Sincc traf�tic �tudic:s typic;ally fucus un th� timc
periocl during the duy when the transportation system i� me�st heavily Ic�aded and eansUained,
tile pot�ntial traffic impacts c�t�the pr��ject were �valuatecl durin�; weekJay Mi�lclay Neak [I��ur
;ind PM Peak Hour and Satuntay Viidday Pcak f-[our, which cepres�nt the; thrce peak iu�urs
lhat tri(�tic volumcs ir► tlie cicscrt :�r� typic:ally at its pc�ik.
• l,�ve�/ uJ'Srrvice (LOS) Sta�relcrrds uud .S'i�;�r�cant li�rpuct G•iteria — I he ('ity uf (';�I�n
I:)csc;rt curisi�lcrs l,OS "("'tc� br tltc n�iniitlum acccptable conditi��n th��t tihc�uldhc maintaiilcd
�3uring tltc pec�k ltours.
• f:�isting Trr�jfie Coiiditivrrs — i�ll six key ticu�ly int�rsections ct►rrently operat� at an
��ccrptable �c:rvicc le��rl of' «C.., e�n c�tter �iuring the 4vc�kd�iy mi�l�i�y, �vicek�ay l';�i, anJ
S�iturilay miciciu�y �t��k hour.
• Prr�j��ct Ti•ip Gc�itc�r�►liox - On ct t}picul v.c�k�!<iy, th�prop��,�c1 Projcct is ��.����ct��! tu �;�i��i�►t�
<ipprc�ximalc:ly 1,2�8 daily trips, «ith �>4 trips (a� inb��und ancl =�U outbaw�d) tur�cast durin�,
the midday peak he�ur �itt�1 91 trips ( �$ inbourtcl and �3 e�utb��und) f��recast c�uriiig the k'tii
peak hour. 4n a Saturcfay, thc pr��po�ed 1'roj�et is axpected to �cner�ite 1,"?fil �_iaily trips with
1 f 1 lrips ((�2 ii�huun�l cinc! ��) ��utbuun�i} ti�r�cast durin�; thc mi�lday pcak haur. It shoulcl bc
n�>tc;ci that the implementatiun uf the prup��se� Pruj�ct, �it �vc>r�e, wil( result in no mi�re tf�an
une �uid half((!/>) ad�iitiunal vehicles per (�0 .,�cunds ciuriii� th� �c•��kil�.ty rni�t�iay �cak Iwur
and ��m E�euk hour �uid n� �norc tltan two {2) acicfitior�al vel�icics ��r til) ��cunds �.1i►ri��b thc;
tiah.ircl�ry peak hour.
Lu�SCOTf,LAW 3 GREENSPMI,enpateers 21 LLG Ref.2-08-2975
81 Paseo Hotel,Palm Desc7t
V-•2�)�h)'"s�:52•�7�Rc,wnr.._'•�lt Rr��aA f:l P�.tu N�xcl l'I\;-5-08 du�
• Related Projecls Traffie Clraracteristics — Two (2) related projects wrre considered as part
uf the cumulative background setting. The twa retated projects included in the Ye;�tr 2O10
traftic conditions would gcnerate 3,268 daily trips on a "typical" weckclay, �vitl� ?�5 trips
(136 inbound anJ l l9 outbuund} forecast during the miciday peak hour and l97 trips (101
inbound anJ �)6 outtx�und) forecast �furing the Ptii peak hour. Un a Satur�ay, the two related
projects are expected to generate 3,333 daily trips with 305 trips (16� inbound and 141
outbound) for�cast c�uring the midday peak hour.
• Year 201U Freture TrnfJic Conditivns— An analysis of future (Ycar 2Q10) back�;round traftic
conditions indicates that all six key sh�dy intersections currcntly uperate at an acceptahle
5crvice level of "C" or better during the weekday midday, weekday PM, and Saturday
n�idday pcak hour.
� Year 2I1111 Future Tra�c C��nditivns Plcrs Project — �1n analysis c�f` tuture (Y�ar 2010)
back�ruund plus project traFtic conditions indicates that all six kcy study intersection5
currently upr:rate at an ace�ptable service level of`'C" or better during the weekclay midduy,
weckclay PM, and Saturday midday�peak hour. "Che impact of�rojcct-rclatcd traffic at cach of
the study intersections will result in an incr�ase of intersection dclGty of iint m��re than 1
yCC011(� ��er vrhicie, whick� ���ill not likely be nc�ticecihlc.
• .Site ,icre�ss — :1.ec��� tc> the �'raject will be proviard �ia lwo eritr�i�c�s onc; locatcd alun�
Larktipur I.ane and vne tocated on Sha�1�w Vtountain Driv�, while 65% of th:; ovcrail ��r��j�ct
traffic is ass��ciated �vith the I_ark���ur (,ane driveway. Site access for the proposecl Projcct
ap{x�:us ucl�<<uat� tc� suftici�ntly acciminu�cl,itc tl�c pro,jc:cteJ y�.i�ucs durin;; thc w��kciay :in�l
�veck�nd p�ak huurs. M�.�torisfs �ntcrii��; ,uid exitin�; th� Prc�ject sit� will f,e ;ihlc to c10 :,o
comtortably, ,,itcly, tlllCj Wllll�)l1I Ill7(IUt; �UI1dCSllntl.
LINSCOTT,UW 3 GREENSPMI,9ngh�e6/S 22 LL(3 Ref.2-08-2975
F]Paseo Hotel,Pnlm Dcsert
� :�nar>usrn,.ri�p,��r:�-�s:i�,�.�t:i r.�.,,,ii�xd nn;.•.ns�k.:
CITY OF PALM DESERT �
INTEROFFICE MEMORANDUM
TO: Department of Community Development/Planning
Attention: Tony Bagato
FROM: Phil Joy, Associate Transportation Planner
SUBJECT: PP 7-11 Larkspur Associates-Hotel-Conditions of Approval
DATE: Ap;ril 18, 2008
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 Municipal Code provisions 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.
6. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code shall be paid prior to issuance of grading permits.
DESIGN REQUIREMENTS
7. Storm drain design and construction shall be contingent upon a drainage study
prepared by a registered civil engineer that is reviewed and approved by the
Department of Public Works prior to start of construction.
8. Complete grading and improvement plans and specifications shall be submitted
to the Director of Public Works for checking/approval prior to permit issuance.
9. A�y and all offsite improvements shall be preceded by the approval of plans and
the issuance of valid encroachment permits by the Department of Public Works.
10. Pad elevations are subject to review and modification in accordance with
Chapter 26 of the Palm Desert Municipal Code.
11. Landscape installation shall be drought tolerant in nature and in accordance with
the City_s Water Efficient Landscape Ordinance ( 24.04) . �
12. Landscape plans shall be checked prior to for consistency, and submitted for
review concurrently, with grading plans.
13. Full public improvements, as required by Section 26 of the Palm Desert
Municipal Code, shall be installed in accordance with City standards including:
. Installation of 6' sidewalk along Shadow Mountain Drive and Larkspur Lane.
• Rights-of-way necessary for the installation of the above referenced
improvements shalt be dedicated to the city prior to the issuance of any permits
associated with this project.
CONSTRUCTION REQUIREMENTS
14. All public and private improvements shall be inspected by the Department of
Public Works and no occupancy permit shall be granted until the improvements
have been completed.
15. Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management
and Discharge Control.
16. 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.
SPECIAL CONDITIONS
17. Entrance aisles to underground parking shall be a minimum 24' in width with 2' clear
on each side for a total width of 28', widening to 34' and/or a cambination that
achieves an acceptable turning radius on the ramp landings.
18. Parking space depths and aisle widths shall be adjusted to meet minimum city
code requirements.
�'��'�J(
Phil Joy
.
� r1 AT Eq ESTABUSHED IN 1910 AS A PUBIJC AGENCY
��sTp�Gt COACHELLA VALLEY WATER DISTRICT
POST OFFICE BOX 1058•COACHELLA,CALIFORNIA 92236 •TELEPHONE(760)395-2651 • FIU((760)398-3711
DIRECTORS: OFFiCERS:
PETER NELSON,PRESIDENT STEVEN B.ROBBiNS,
PATRICIA A.LARSON,VICE PRESIDENT GENERAL MANAGER�CHIEF ENGINEER
TELLIS CODEKAS MARK BEUHLER,
USSELL KITAHARA December 7� 2�7 JULU1 FERNANDEZ,S�E RETARY
DAN PARKS,ASST.TO GENERAL MANAGER
REDWINE ANO SHERHILL,ATTORNEYS
RE C E IVE D File: 0421:1
Tony Bagato
D�G ►��l o�2i.i
Department of Community Development ;p��yUNITYDEVELOPME;VTDEPARTMENT
City of Palm Desert CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
Dear Mr. Bagato:
Subject: DA 07-01, PP 07-11, CUP 07-14
This area is designated Zone B on Federal Flood Insurance rate maps, which are in effect at this
time by the Federal Emergency Management Agency(FEMA).
Since the stormwater issues of this development are local drainage, the District does not need to
review drainage design further.
This project lies within the Study Area Boundary of the Coachella Valley Water Management
Plan(September 2002).
The District will provide domestic water and sanitation service to this azea and such service will
be subject to the satisfaction of terms and conditions established by the District and exercised
from time to time,including but not limited to fees and chazges, water conservation measures,
etc.
This notice of domestic water and sanitation service availability can only be used and relied upon
for the specific property for which it was issued and shall expire three (3) years from date of
issuance.
Domestic water and sanitation service remains at all times subject to changes in regulations
adopted by the District's Boazd of Directors including reductions in or suspensions of service.
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.
TRUE CONSERVATION
USE WATER WISELY
.
Tony Bagato
City of Palm Desert 2 December 7, 2007
The District requires detail,repair and lube auto shops and car washes to install an oil and sand
separator, including a sample box, sanitary tee and running trap with cleanout,prior to any
discharge to its sanitation facilities. The size of the oil and sand separator will be determined and
approved by the District. Installation of the oil and sand separator 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.
Plans for grading, landscaping and irrigation systems shall be submitted to the District for
review. This review is for ensuring efficient water management.
The project lies within the Upper Whitewater River Subbasin Area of Benefit. Groundwater
production within the azea of benefit is subject to a replenishment assessment in accordance with
the State Water Code.
All water wells owned or operated by an entity producing more than 25 acre-feet of water during
any yeaz must be equipped with a water-measuring device. A District Water Production
Metering Agreement is required to ensure District staff regulazly read and maintain this water- .
measuring device.
If you have any questions please call Scott Schedell, Stormwater Engineer, extension 2266.
Y ur y,
Mazk L. Johnson
Director of Engineering
cc: Jeff Johnson
Riverside County Department of Public Health
38-686 El Cerrito Road
Palm Desert, CA 92211
Lazkspur Associates
73-626 Highway 111
Palm Desert, CA 92260
SS:ch�englsw1071dec1DA 07-02
050620�
COACNELLA YALLEr MIITE� DlSilllti
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Palm Desert Fire Department ''��
Fire Prevention Bureau
l.oosperaeb.wtt�sherdde co..er Ftre�ep.�eat
73710 Fred Wa�ic�Dr.3uib 102 P.im De�at G 9?260 760-346.1870 Fax 764-779-1959
Palm Deaeat Fine Maraltal's Office
73710 Frod Waring Drive�f 102
Palm Desert CA 92260
(760)346-1870
TO: —�?�'1�*� �.�� DATE: 1C:7��A,�6�
�'': � �'� 4-�r�s'�-
�.�s'�' � c��-dZ,� d?-1 I ,�.c� � ��-I y
if�irr4�d_eewditi9nf Sj+olvro Q�'oiect '�IYt �Jr�t'f C.�'�'�"2 '
� Wit6 reapat to the condjtions of�pproval regarding t6e sbove
ref�renced proj�et,t6e f'ire department recommends the tolbwin$fire
prot�ction meunre� bi pravid�d in aeeordance wit6 Cit�Municipal
Code,NFPA,C'FC,and CBC or any reco�n'rud Fi�ProtecNon
StandArd�:
T6e I�r+�Departme,nt u requjred to set a mialmum Are Aow� tor t6e
ranodel or eoashvction ot all buifdin� ner UF'C article a7.
� A flre flow►of 1500 gpm for a 1-6our dnration at 20 pei rdidual
pressure mu�t be�vailab{e before any combastibk material b plac.�d
on t6e iob sit�.
Arovide or show tlFere rxi�b a water aystem capable ojproviding a gpmJlow of•
3. 1500 gpm tor�ingk lamiiy dweflinga
4. 2500 gpm for maltifsmily dwdling�
� 3000�nm for commercial baildinss
--- . - - ----_._.._„� l • . � .
. - --�- - - -_ __ ---_... __-._._ _ _.._ _ _.---- --- --- - --- ----
.
. � ..
Th�r�qulr+�d Ar�tbw fhall b�avall�fi�om a rwt bam�i Stp�r
Hydrsnt(s)4"z 2'r4"s.Z '�s",locat�d eot lea thaa 23' nor more than:
�6. 209' tirom aay pordoo ot s sin�le tamily dw►d1io�maunred v�
ve6iealar travehray
7. lbs' trnm any portion of a muttifnmily d�vdling ma�sured via
ve.6icul�r travet�vay
� 156' fe+oa tny portioa ot a tommerciaf bu�dia=mea�ured via
Wata�P1se: ma:t be aPProv�d by tb�P"uY Msrsbal and iadude
,_ ,�tieat�o� tlut e�n►st�m wai nrodace dk readi�red Rre Aow►.
10. Pfa�s�be advis�d tde P*'oP��Pr'o�ect may not be lwibk since the
,_, ezisti�wattr mains wnyl not mat t6e r�aoired fir+e fla�r.
� IartaD a complete NFPA i3 Ac�e rprinlcler ryste�a4. Tbit�epplia to ap
baildinZt vrith a 3008�qnar+��oot toW en�aulatfva Aoor sr�a.T6e Fire
Marsbd sh�ll approved the locatiow of�!i post indicator valva and
tfc+e de�srtment conaectioos.AO vsh►es�nd eonn�ections s6aU aot be
ka L6an ZS'tfrom t6e buildin�aod w►itLi� SO' of� sppraval
AJ!valva w�trollin�the�ratex sappi�►for automatk sprinkler
ry�tems ssd Wate�tbw switcia aball be moeitor�d�nd alarmed per
���'9„
13 InstaB a tirc ala�rim ivstea��s �eanjrr,d bv the UBC Chaober 3.
� InstsD portibk tire eztin=nis6ers p�r NFPA 10,but not les� tb�a one
2AlOBC atiasuu6ex per 3000 sqnar+e tert and not ov�r 7S' wTaikins
distance.A "I�'type fire eztin�nis6a�is r�eqnir�ed ia aU commercla!
Inat�il a Hoad/Duct automstk firt eztin�nishwg ry�m per NP'PA 96
in al! publie snd privat�cooldna operattoias ea[tept siegto-ftmily
rnideetja! n��e.
..__.- .�..
16. Inrtai!�t du�nt colkctin�system per CFC C'bsptcr 76 it coadatdn�an
_____oner�ttion tbat oroduca a�rbo�n�les.
� All bnildtns s6s11 be a�ibk by sa all-w►eather roadw►ay eitendjng
to�vithi� 1S0' ot aB p►ortions of tre�rior w►alb ot t6e Mt story.
T6e ro�drvsy slurU not be las t6a�24' of onob�trncted w►idth and
13' 6"of verdca!claraace. W6u+e pan!!el parkiog i: reqaired an
botb sides ot tb�str�xt t6e no�tdw�y mort be 36' w►ide aod 32' wide
w►it6 parkin=os oos:ida Da�d-ead ro�ds In ezca�ot 150' �hal1 be
providcd�vitb a mleimnm 43' ratd�ua turn-sround 35' in tndn�trlal
d�eveloQme�b. ,__
� Whenever acceis into private pc+operty i�controlldi t6roag6 uu of
gata,bs�rrieri or ot6er me.an� provi�aa�'hall be m�de to install s
�._ . � _,� - -- �. � --
��
. r - .
"Knoz Boi"key ove�ride system to aUow►for emergeacy vehick
iccw.Miaimum �ate w►idth shaU be 16"w�th �minimum vertical
dear�sce ot 3'�".
�_
19. A dead end �ingle aece�over 500' w►�1 requin�second�r�accws,
sprinlckn or othe�mitig�tive uauura approv�d by the�
Manh�l. Unde�no eircumstane.�sball a dead ead over 1300' be
accented.
- � ��r . ■��
� A resond acc� it nquirod. ThL can be�ceomplb6ed by tw►o m�tia
accea poisis trom a ae�ain roadway or Ae emergeney Sste trom an
adioin�donmen� , _`_�.
21. T6is project may,�cqui�e ticensin�b�a:tate or aonnty a�e,e�'+ta
�aciNtat�p4� r�'virw t6e sppticant:6aB pr+epare�nd sobmit to t6e
Fin Marsbsl�ktt�r of intd�t ddaillo�tbe proposal nase and
AJI ba�p a6sU have�taminated addresks of a siu approved b�►
.
' A!I Rre sprieid�r systems,�iud fire s�ppr�asion �y:ttws and a4rm
' plan�mwt be�ubmitted �cparat�ly to the I+�n Mars6�t1 tor approval
� Coaditions sobject to c6�nge aith adoption ot nCw coda,ordinance�,
4w�,or when bnildiag pe.�mib ue aot obtained�vithin twdve
! All qu�stions reg�rd'ms t�e mdnio$of thae conditions shoWd be�tcrr�d to
� t�e Fir,e Mushsi'� Ql;ic�at(760)3�6-1s7o in Patm D�ur�
I��on: 7�710 Fr+ed Wsrin�Drh,e#102.P I.e n..�� � qZZ6p
�
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JocQe Rodri�ez
F�M�rah�e!
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�'T�� CITY OF PALM DESERT
� �
COMMUNITY SERVICES DEPARTMENT
, INTEROFFICE MEMORA(1�1�,��,E I VE D
1��
��:i 1 6 2007
TO: '�TONY BAGATO, PLANNING MANAGER -oMUU:�i��', 'r.�,�;!,OPNEyTi�Ei'dRiMENT
CITYOF PAL!r!DESERT
FROM: FRANKIE RIDDLE, DIRECTOR OF SPECIAL PROGRAMS
SUBJECT: PARCEL NUMBER (S): 627-262-008 and 627-262-011
DATE: OCTOBER 15, 2007
The above parcel 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 Shelter: After reviewing the plans it has been determined that this project will not
be conditioned with a requirement for a bus shelter and turnout.
Trash Enclosures: The plan does not appear to reflect a trash/recycling enclosure(s).
Since the project is mixed use, the planned trash/recycling enclosure(s) must be •
consistent with Palm Desert Municipal Code Chapter 8.12 and may require an approved
trash enclosure plan for the residential component of the project such as: separate
smaller enclosures attached to each building to hold (3), 96 gallon bins. The enclosures
must be built to the following specifications: 10' 6" in width, 4' in depth, and 6' in height.
Burrtec Waste and Recycling Services must review and sign-off on the plans in relations
to the placement and number of trash/recycling enclosures. Review of the plans by
Burrtec will ensure that vehicle circulatio� for its trucks is adequate to service the
complex and to ensure that a sufficient number of enclosures are provided to meet the
needs of the complex. The Applicant may contact Jennifer with Burrtec at (760) 340-
6445 regarding this issue.
I ; ,�
�
FRAN RIDDLE
DIRECTOR OF SPECIAL PROGRAMS
cc: Mark Greenwood, Director of Public Works
Dan Kaiser, Acting Director of Building and Safety
� �� �
CITY OF PALM DESERT
���
ART IN PUBLIC PLACES
INTEROFFICE MEMORANDUM
To: Tony Bagato, Principal Planner
From: Deborah Schwartz, Public Art Coordinator
Date: 10110i07
Subject: Case No. PP 07-11
The Art In Public Places Departrnent recommends that the public art fee for case
number PP 07-11, the EI Paseo Hotel totaling T0,000 square feet be used for an
onsite public art project. We estimate that the total fee is at minimum $21,000
and feel that this amount will allow for an appropriate public art project.
� RECEIVED
OC i 1 1200T
'Ob1JlL'r1TY iiEbELOP�IENT DEP�KT51E!1T
C[1'YOF PALJ!DESERT
�"� �-� CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Tony Bagato, Principal Planner
FROM: Mark Diercks, Transportation Engineer
SUBJECT: T�afflc Impact Report—EI Paseo Hotel
DATE: April 23, 2008
My review of the Traffic Impact Analysis Report for the EI Paseo Hotet, (prepared by Linscott,
Law& Greenspan Engineers, dated April 7, 2008), �esults in the following comments.
I find the report technicaliy correct and can agree with the findings and conclusiona. The
conservative analysis indicates that vehicle delay will have a minimal increase at the six studied
intersections due to the project. Level of Service (LOS) at the six locafions should not be
affected by the project. The vehicle trips generated by the project are not expected to cause
significant traffic impacts at any of the six study intersections. �
The report, however, did not present the traffic impacts of the proposed hotel in a manner that is
easily understandable to the layperson, as was requested. A primary reason to prepare this
report is to address the area residents' perceived tre�c impacts caused by the project. Area
residents may perceive the 1,100 plus added trips per day as significant. We would like the
report to discuss the issue of perceived impacts by area residents in layman's terms.
Under Section 6.1, Significcant Traffic !mpact Criteria, the report indicates that LOS E and F are
the significant impact threshold. The City of Palm Desert has established LOS "C" as our goal.
The report should be revised to reflect our standard.
The Traffic Impact Report should be revised to address the issues presented above prior to its
acceptance.
��� �
ark S. Diercks, P.E. .
Transportation Engineer
cc: Mark Greenwood, P.E., Director of Public Works
Bo Chen, P.E., City Engineer
Lauri Aylaian, Director of Planning
Phil Joy, Associate Transportation Ptanner
G:1PubWorkalMark Dierckalword data\Memos\Memo to TBagato El Paseo Hotel-Trafflc Impacidx
Klassen, Rachelle
From: Susan Myrland [susan@silvergate.us]
Sent: Tuesday, May 27, 2008 8:39 AM
To: Klassen, Rachelle; InformationMail
Subject: Larkspur hotel -for City Council
Dear Mayor Benson and Members of the City Council,
I wish that I could attend tonight's hearing regarding the hotel/condo project planned for Larkspur and
Shadow Mountain Drive, but I will be out of town. I was not invited to any of the public meetings,
despite the fact that my home is less than two blocks away. I have kept abreast of the project
through neighbors and what I've read in the newspaper.
To start with the positive: I've heard good things about the City's process this time around. I like the
developer's plans to incorporate energy-efficient strategies. The location seems like a logical one for
a hotel. It will benefit the Paseo which in turn benefits all of us. It appears that the developer has
taken steps to make the design blend with the surrounding architecture.
My concern is that, once again, this developer is ignoring our city's height and density restrictions. If
approved, it will set an important precedent for all the other projects being planned for the Paseo.
Every other developer will have his or her "must have" requirements and reasons why they should be
given an exception. How will you handle these demands? At what point do we tell developers that
they cannot continue to build higher, and must find another solution?
I'm also concerned about the traffic impact on Shadow Mountain Road as well as spillover onto side
streets. As you know, Shadow Mountain runs through a residential neighborhood. It is zoned R3(4),
not commercial. Nevertheless we have heavy trucks going to the Gardens, while drivers cutting
through the area completely ignore the speed limit. The additional impact of 100+ units must be
considered.
Given this developer's tendency to push the boundaries when it comes to rules, I'm concerned about
his ability to manage noise. You saw how difficult it was to keep Augusta Restaurant within
compliance. Even though I enjoyed Augusta, I understand and appreciate your decision to enforce
our restrictions.
I know that you have to hit a difficult balance between the conflicting needs of residents and visitors,
but I'm hoping that you will apply the same long-term vision that has served Palm Desert so well.
Take a very hard look at this hotel, because your decisions will have implications for years to come.
Thank you for all your time, energy, and commitment.
Susan Myrland
73860 Shadow Mountain Drive #6
Palm Desert, CA 92260
568-6304
i
Klassen, Rachelle
From: Susan Myrland (susan@silvergate.us]
Sent: Tuesday, May 27, 2008 8:37 AM
Subject: Larkspur hotel -for City Council
Dear Mayor Benson and Members of the City Council,
I wish that I could attend tonight's hearing regarding the hotel/condo project planned for Larkspur and
Shadow Mountain Drive, but I will be out of town. I was not invited to any of the public meetings,
despite the fact that my home is less than two blocks away. I have kept abreast of the project
through neighbors and what I've read in the newspaper.
To start with the positive: I've heard good things about the City's process this time around. I like the
developer's plans to incorporate energy-efficient strategies. The location seems like a logical one for
a hotel. It will benefit the Paseo which in turn benefits all of us. It appears that the developer has
taken steps to make the design blend with the surrounding architecture.
My concern is that, once again, this developer is ignoring our city's height and density restrictions. If
approved, it will set an important precedent for all the other projects being planned for the Paseo.
Every other developer will have his or her "must have" requirements and reasons why they should be
given an exception. How will you handle these demands? At what point do we tell developers that
they cannot continue to build higher, and must find another solution?
I'm also concerned about the traffic impact on Shadow Mountain Road as well as spillover onto side
streets. As you know, Shadow Mountain runs through a residential neighborhood. It is zoned R3(4),
not commercial. Nevertheless we have heavy trucks going to the Gardens, while drivers cutting
through the area completely ignore the speed limit. The additional impact of 100+ units must be
considered.
Given this developer's tendency to push the boundaries when it comes to rules, I'm concerned about
his ability to manage noise. You saw how difficult it was to keep Augusta Restaurant within
compliance. Even though I enjoyed Augusta, I understand and appreciate your decision to enforce
our restrictions.
I know that you have to hit a difficult balance between the conflicting needs of residents and visitors,
but I'm hoping that you will apply the same long-term vision that has served Palm Desert so well.
Take a very hard look at this hotel, because your decisions will have implications for years to come.
Thank you for all your time, energy, and commitment.
Susan Myrland
73860 Shadow Mountain Drive #6
Palm Desert, CA 92260
568-6304
i
Shadowcliff Homeowners Association
45-375 San Luis Rey #3
� ��.
Palm Desert, CA 92260 � -^-�
� ,,._<
�
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C.:�fT�i
June 18, 2008 �w ��r�
�' n.:�
Rachelle Klassen � -a c�:
City Clerk �? ��-:�
Palm Desert City Council --� '`"m
73-510 Fred Waring drive
w
Palm Desert, CA 92260
R�: Case No's DA 07-02, PP 07-11, CL'F 07-14
Dear Sirs:
Shadowcliff Homeowner's Association represents the owners of the ten condominiums
located at 45-375 San Luis Rey located directly east of the proposed Larkspur 1-�otel.
T'he Board and many of the other owners have reviewed the plans and proposed
development. At our monthly meeting we voted to express our approval of the project
which we believe will be good for Palm Desert and the El Paseo arca.
We do have a concern about the noise and parking during construction and ask the City to
enforce existing regulations regarding hours of construction and monitor worker parking
so as to minimize its impact on neighbors of the project.
Thank you for your service.
Shadowcliff HOA Board of Directors
�
;
D . ant, cretary