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HomeMy WebLinkAboutRes 99-106 HDPP 99-2 at 72275 Upper Way West CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Honorable Mayor and City Council II. REQUEST: Approval of a hillside development plan allowing grading and construction of a 3,200 square foot single family dwelling on a 7.5 acre site in the Hillside Planned Residential zone. Property is located at 72-275 Upper Way West. III. APPLICANT: Yolanda Fuentes Mendoza for Roy W. Carver 40-770 Breeze Pass Road, #D Palm Desert, CA 92211 IV. CASE NO: HDPP 99-2 V. DATE: November 18, 1999 VI. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Resolution No. 99-106 D. Planning Commission Minutes involving this case E. Planning Commission Resolution No. 1949 F. Planning Commission Staff Report dated October 5, 1999 G. Related maps and/or exhibits A. STAFF RECOMMENDATION: Waive further reading and adopt Resolution No. 99-104ipproving HDPP 99-2, subject to conditions. B. DISCUSSION: 1 . BACKGROUND: The proposed single family residence is located on 7.5 acres west of the Palm Valley storm channel. It will be developed on an 11 ,000 square foot bench within a ravine. The pad will be created by fill with all renaturalized slopes. The landscape plans indicate renaturalized desert planting up to the building foundation. A detailed specification of "100% coverage renaturalization" is being prepared. STAFF REPORT CASE NO. HDPP 99-2 NOVEMBER 18, 1999 2. PROJECT DESCRIPTION: The single story home will be a highly articulated southwestern design, 13 to 14 feet in height, 3,200 square feet in area and colored two shades of medium brown. The access road is routed over relatively gently sloping terrain requiring a minimum of disturbance. It will be surfaced with decomposed granite. Under Option 1 of the Hillside Ordinance, building pad disturbance cannot exceed five percent of the lot area when average slopes are above 36%. For 7.5 acres, the allowed pad is 16,335 square feet. Fully renaturalized areas and roadways are excluded. The proposed 11 ,000 square foot pad is consistent with the grading requirement of the ordinance. This matter was before the Architectural Review Commission on September 14, 1999 and received preliminary approval on a 4-0 vote (Commissioners Connor and Holden were absent). 3. ANALYSIS: FINDINGS FOR APPROVAL OF A HILLSIDE DEVELOPMENT PLAN: a. The proposal is consistent with the adopted Palm Desert General Plan and West Hills Specific Plan. b. The proposed site grading, architecture and landscaping complies with the intent and specific requirements of the Hillside Planned Residential District to blend with the natural terrain to the greatest possible extent. c. The proposal will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 4. ENVIRONMENTAL REVIEW: The Director of Community Development has determined that the project is a Class 3 categorical exemption for purposes of CEQA and no further documentation is necessary. 2 • STAFF REPORT CASE NO. HDPP 99-2 NOVEMBER 18, 1999 5. PLANNING COMMISSION HEARING: Planning Commission considered this matter on October 5 and 1 9, 1 999 and recommended approval to the City Council on a 4-0-1 vote (Commissioner Lopez abstained). 6. CONCLUSION: The proposed hillside home clearly meets the requirements within the ordinance to blend with the natural terrain to the greatest extent possible. Prepared by: r P ilip Drell '0'1 /tm CITY COUNCIL .CTION: APPROVED t/ DENIED OTHER • 11 - Ia K .:3$ENT YRAIN• 7111 A0 RIFIED BY: ^:j nal on File with jf.tyQClerk' s Office 3 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 1999 Mr. Smith said it looked like the citywas goingto end upwith the property. Chairperson Jonathan asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. There was no one and the public hearing was closed. Commissioner Campbell said she would move for approval with the addition of that condition. Chairperson Jonathan clarified that the condition would be to bring existing structures up to code. Mr. Drell said it could within six months of the recordation of the map. Commission concurred. Action: It was moved by Commissioner Campbell, seconded by Commissioner Beaty, approving the findings as presented by staff. Motion carried 4-0. It was moved by Commissioner Campbell, seconded by Commissioner Beaty, adopting Planning Commission Resolution No. 1944, approving TPM 29246, subject to conditions as amended. Motion carried 4-0. B. Case No. HDPP 99-2 - YOLANDA FUENTES MENDOZA FOR ROY W. CARVER, Applicant Request for approval of a hillside development plan to allow grading and construction of a 3,200 square foot single family dwelling on a 7.5 acre site in the hillside residential zone at 72- 275 Upper Way West. Mr. Drell explained that the proposal was for a single family home. Exhibits were on display. It was a very unusual site. It has a relatively flat kind of a hog back which erodes after crossing a drainage to get to a lower bench which was about half way down from the top. In most cases, developers tried to situate themselves at a high point to get a view of the valley. In this case this was one placed down about half way down on a bench with the primary focus of the house a view of a rather dramatic rock formation in the canyon. As a result, with the exception of a few houses right on the edge of Mountain Back or Sommerset, the development would probably not be visible from anywhere in the valley. Those units over there, even though they could have a spectacular view of the mountains, they all had garages facing the mountains. 5 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 1999 In terms of size, it was moderate sized 3,200 square feet and designed with height, etc., and met all the aspects of the intent and purpose of the zone. To the greatest extent possible they would do a re-naturalization of all disturbed slopes. In terms of design, the area was very consistent with the hillside ordinance and staff was recommending approval. In looking through the file it was unclear whether staff sent out legal notices to all the adjoining properties. Unfortunately the secretary who might or might have sent them out was on vacation. So staff was recommending that the commission open up the public hearing, take as much testimony as possible, and staff was renoticing it for two weeks from now. This was going to go to city council anyway three weeks from now, therefore, they will not be delayed in getting to City Council, but it would make sure that any one of the four or five property owners that had interest would get noticed. One of the property owners was the City of Palm Desert. He showed the location of the city- owned property. Although staff would be recommending approval, to make sure that noticing was done properly, he recommended that the public hearing be left open and the matter be continued two weeks. Chairperson Jonathan opened the public hearing and asked the applicant to address the commission. There was no response. Chairperson Jonathan asked if anyone wished to speak in FAVOR or OPPOSITION to this item. There was no response. Chairperson Jonathan asked for commission comments. Action: It was moved by Commissioner Beaty, seconded by Commissioner Finerty, continuing HDPP 99-2 to October 19, 1 999 by minute motion. Motion carried 4-0. C. Case No. CUP 99-10 - CRYSTAL GOBLET CELLAR, Applicant Request for approval of a conditional use permit to operate a 662 square foot retail wine and crystal store with a type 20 off-sale license at 73-200 El Paseo, Suite 3C. Mr. Alvarez noted that the applicant proposed to operate a 662 square foot retail store providing retail sales, vintage wines, port, champagnes and a wide array of crystal stemware. The business would operate from 10:00 a.m. to 7:00 p.m. Monday through Saturday. The business would provide retail sales 6 • MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 19, 1999 VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR A. Case No. PMW 99-01 - FOXX DEVELOPMENT CORPORATION, Applicant Request for approval of a parcel map waiver to merge two lots more particularly described as APNs 627-020-004, 627-020-005 at 73-061 Fred Waring Drive. B. Case No. PMW 99-14 - VLADIMIR PRAVDIC - Applicant Request for approval of a parcel map waiver to merge two lots to create one large lot to facilitate the expansion and remodel of an existing residential building APNs 628-160-002 and 003. Action: It was moved by Commissioner Campbell, seconded by Commissioner Beaty, approving the Consent Calendar by minute motion. Motion carried 5-0. VIII. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he/she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. A. Case No. HDPP 99-2 - YOLANDA FUENTES MENDOZA FOR ROY W. CARVER, Applicant (Continued from October 5, 1999) Request for approval of a hillside development plan to allow grading and construction of a 3,200 square foot single family dwelling on a 7.5 acre site in the hillside residential zone at 72- 275 Upper Way West. 2 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 19, 1999 Mr. Drell noted that this project was in complete compliance with all the specific requirements of the Hillside zone. It's design was such that it succeeded in blending to the greatest extent possible with the natural terrain with its color, architectural style and the plan for grading and renaturalization of all disturbed areas. Therefore, staff was recommending that Planning Commission recommend approval of this project to the City Council. Commissioner Lopez informed commission that he would be abstaining since this was a continued case and he was absent from the last meeting. Chairperson Jonathan noted that the matter was continued to ensure proper public notice was given. Chairperson Jonathan opened the public hearing and asked the applicant to address the commission. MS. MENDOZA spoke from the audience and said that she thought the project spoke for itself. Chairperson Jonathan asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one and the public hearing was closed. Action: It was moved by Commissioner Beaty, seconded by Commissioner Campbell, approving the findings as presented by staff. Commissioner Finerty complimented the applicant on their great hillside development sensitivity and felt they couldn't have done it any better and it was greatly appreciated. Chairperson Jonathan agreed and called for the vote. Motion carried 4-0-1 (Commissioner Lopez abstained). It was moved by Commissioner Beaty, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 1949, recommending to City Council approval of HDPP 99-2, subject to conditions. Motion carried 4-0-1 (Commissioner Lopez abstained). B. Case No. TT 29489 - SEVERIN & CO. LLC, Applicant Request for approval of a one lot subdivision for 470 senior residential units previously approved as part of the Portofino project. 3 PLANNING COMMISSION RESOLUTION NO. 1949 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A HILLSIDE DEVELOPMENT PLAN ALLOWING GRADING AND CONSTRUCTION OF A 3,200 SQUARE FOOT SINGLE FAMILY DWELLING ON A 7.5 ACRE SITE IN THE HILLSIDE PLANNED RESIDENTIAL ZONE, 72-275 UPPER WAY WEST. CASE NO. HDPP 99-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of October, 1999, hold a duly noticed public hearing, which was continued to October 19, 1999, to consider the request of MR. BILL CARVER for approval of a hillside development plan to allow construction of a 3,200 square foot single family home on a 7.5 acre site within the Hillside Planned Residential zone generally located west of the Palm Valley Storm Channel, more particularly described as APN 628-130-010 and 628-130-012; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined that the project is a Class 3 categorical exemption; 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 its actions, as described below: 1 . The proposal is consistent with the adopted Palm Desert General Plan and West Hills Specific Plan. 2. The proposed site grading, architecture and landscaping complies with the intent and specific requirements of the Hillside Planned Residential District to blend with the natural terrain to the greatest possible extent. 3. The proposal will not be detrimental to the public health, safety, or general welfare, or be materially injurious to properties for improvements in the vicinity. 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 Commission in this case. PLANNING COMMISSION RESOLUTION NO. 1949 2. That the Planning Commission does hereby recommend to City Council approval of Hillside Development Plan No. 99-2, subject to the conditions attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of October, 1999, by the following vote, to wit: AYES: BEATY, CAMPBELL, FINERTY, JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: LOPEZ SABBY JONATHAN, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 1949 CONDITIONS OF APPROVAL CASE NO. HDPP 99-2 Department of Community Development: 1 . The development of the property described herein shall conform to approved exhibits on file in the Department of Community Development and shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations and restrictions of all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 2. Applicant shall receive approval from the Riverside County Health Department for an on-site septic disposal system prior to issuance of building permits. 3. All disturbed areas in excess of the designated 11 ,000 square foot building pad shall be renaturalized with rock and plant material to blend with the surrounding undisturbed slopes as determined by the Architectural Review Commission and Director of Community Development. 4. All utilities serving the site should be installed underground. 5. That all project landscaping be designed to blend with the natural hillside. Plan to be approved by the Architectural Review Commission. Department of Public Works: 1 . Any storm drain/retention area construction shall be contingent upon a drainage study prepared by the registered civil engineer that is reviewed and approved by the Department of Public Works. 2. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits. 3. Proposed pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. Site grading design shall include consideration of existing topography. 3 PLANNING COMMISSION RESOLUTION NO. 1949 4. In accordance with Palm Desert Municipal Code Section 25.15, all manufactured slopes shall be planted or otherwise protected from the effects of storm water runoff and erosion within thirty days after completion. Riverside County Fire Department: 1 . Access will not have an up or down grade of more than 15%. 2. Access will not be less than 20 feet wide. 3. Access will be free of sharp confined turns, 45 feet outside radius. 4. An approved turnaround shall be provided at all building sites. 4 RESOLUTION NO. 99-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PLAN ALLOWING GRADING AND CONSTRUCTION OF A 3,200 SQUARE FOOT SINGLE FAMILY DWELLING ON A 7.5 ACRE SITE IN THE HILLSIDE PLANNED RESIDENTIAL ZONE, 72-275 UPPER WAY WEST. CASE NO. HDPP 99-2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 18th day of November, 1999, hold a duly noticed public hearing to consider the request of MR. BILL CARVER for approval of a hillside development plan to allow construction of a 3,200 square foot single family home on a 7.5 acre site within the Hillside Planned Residential zone generally located west of the Palm Valley Storm Channel, more particularly described as APN 628-130-010 and 628-130-012; and WHEREAS, the Planning Commission on October 19, 1999 recommended approval by adoption of its Resolution No. 1949; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined that the project is a Class 3 categorical exemption; 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 its actions, as described below: 1 . The proposal is consistent with the adopted Palm Desert General Plan and West Hills Specific Plan. 2. The proposed site grading, architecture and landscaping complies with the intent and specific requirements of the Hillside Planned Residential District to blend with the natural terrain to the greatest possible extent. 3. The proposal will not be detrimental to the public health, safety, or general welfare, or be materially injurious to properties for improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Council in this case. RESOLUTION NO. 99-106 2. That the City Council hereby approves Hillside Development Plan No. 99-2, subject to the conditions attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 18th day of November , 1999, by the following vote, to wit: AYES: Benson, Ferguson, Kelly, Spiegel, Crites NOES: None ABSENT: None ABSTAIN: None BUFORD A. CRITES, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California 2 • RESOLUTION NO. 99-106 CONDITIONS OF APPROVAL CASE NO. HDPP 99-2 Department of Community Development: 1 . The development of the property described herein shall conform to approved exhibits on file in the Department of Community Development and shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations and restrictions of all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 2. Applicant shall receive approval from the Riverside County Health Department for an on-site septic disposal system prior to issuance of building permits. 3. All disturbed areas in excess of the designated 11 ,000 square foot building pad shall be renaturalized with rock and plant material to blend with the surrounding undisturbed slopes as determined by the Architectural Review Commission and Director of Community Development. 4. All utilities serving the site should be installed underground. 5. That all project landscaping be designed to blend with the natural hillside. Plan to be approved by the Architectural Review Commission. Department of Public Works: 1 . Any storm drain/retention area construction shall be contingent upon a drainage study prepared by the registered civil engineer that is reviewed and approved by the Department of Public Works. 2. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits. 3. Proposed pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. Site grading design shall include consideration of existing topography. 3 RESOLUTION NO. 99-106 4. In accordance with Palm Desert Municipal Code Section 25.15, all manufactured slopes shall be planted or otherwise protected from the effects of storm water runoff and erosion within thirty days after completion. Riverside County Fire Department: 1 . Access will not have an up or down grade of more than 15%. 2. Access will not be less than 20 feet wide. 3. Access will be free of sharp confined turns, 45 feet outside radius. 4. An approved turnaround shall be provided at all building sites. 4