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Home My WebLink AboutC. Case No. MISC 10-19 - Juan Carlos Ochoa, Applicant CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Approval to modify an existing pad height by two feet for a proposed single family residence of Tract 25296-5 located in the Canyons at Bighorn at 111 Lantana View. SUBMITTED BY: Kevin Swartz Assistant Planner APPLICANT: Juan Carlos Ochoa, Architect 73-626 Highway 111 Palm Desert, CA 92260 CASE NO. Misc 10-19 DATE: February 16, 2010 I. EXECUTIVE SUMMARY: Approval of staff's recommendation would allow the applicant to modify an existing approved pad from an elevation of 750 feet to an elevation of 752 feet for a proposed single family residence. II. BACKGROUND/ DISCUSSION: Tentative Tract Map 25296 was approved through City Council Resolution 1456 on July 17, 1990. The tentative map established 484 residential lots in the Canyons at Bighorn. On December 3, 1999 a rough grading plan was approved for Tract Map 25296-5 with the subject pad shown at a 750 foot elevation. The rough grading plan established 14 lots, with pad heights that varied from 749 feet to 766 feet. The proposed Jabara Residence is located on Lot 9, with the proposed precise grading plan elevation of 752 feet, two feet higher than the rough grading plan. Under Municipal Code 26.24.220, the "grade elevation shall not vary more than six inches plus or minus that shown on the approved tentative map." The pad elevation for the proposed home is shown at 752 feet, which agrees with the current pad elevation. To the east is Lot 8, with an existing home and a pad height of 750 feet. To the north were formally Lots 5, 6, and 7, which were merged to one lot, with a home, tennis court, and casita at a pad height of 750 Staff Report Misc 10-19 February 16, 2010 Page 2 of 3 feet. To the west is Lot 10, with an existing home and a pad height of 754 feet, and to the south is a portion of the golf course. The Public Works Department has reviewed the request and has no concerns with increasing the pad height. The proposed home has a variety of roofline heights which vary from the predominant height of 14 feet to the tallest element of 18 feet. The change in pad height would not adversely impact the neighboring properties' view lines. The proposed home will not be seen from Highway 74. In order for the applicant to raise the pad more than six inches, the Planning Commission must review the approved and proposed pad elevations and make a decision whether to allow the change. III. CONCLUSION: In conclusion, staff believes that modifying the existing pad elevation for the proposed home will not be detrimental to the existing pad or surrounding area. The pad height at 752 feet is a better design as it follows the slope of the street along with the rest of the adjacent homesites. The Public Works Department and the Bighorn Architectural and Landscape Control Committee have no objection to the pad elevation increase by two feet. IV. RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. approving Misc 10-19, subject to the following conditions. V. ATTACHMENTS: A. Draft Resolution B. Legal notice C. Exhibits: Residential site plan, elevations, and grading plans by Juan Carlos Ochoa Architect, dated 26 January 2010 D. Letter by Bighorn Homeowners Association dated 17, September 2009 Submitted by: Department Head: Kevin Swartz Lauri Aylaian Assistant Planner Director of Community Development G:\Planning\Kevin Swartz\Word\Misc 10-19\Staff Report pc.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING TO MODIFY AN EXISTING PAD HEIGHT BY TWO FEET FOR A PROPOSED SINGLE FAMILY RESIDENCE OF TRACT 25296-5 LOCATED IN THE CANYONS AT BIGHORN AT 111 LANTANA VIEW. CASE NO. MISC 10-19 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of February, 2010, hold a duly noticed public hearing to consider the request by Juan Carlos Ochoa 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 Quality Act", Resolution No. 06-78 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 approval of the said request: 1. The change in pad height would not adversely impact the neighboring properties' view lines. 2. Modifying the existing pad elevation for the proposed home will not be detrimental to the existing pad or surrounding area. 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 approval of the Commission in this case. 2. That approval of MISC 10-19 is hereby granted, subject to conditions attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of February, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Connor Limont, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. MISC 10-19 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: Building and Safety Department Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. 3. Any proposed change of this approval will require an amendment, which will result in a new public hearing. 2 • CIJY OF Pllilli ] ESE `41 I,° I 73-510 FRIil WARING I)RI\L PALM DI.SFI(1-,CAI.ItORNIA 92260-2578 ~_ _ TEL:760 346-0611 ` '�ti 4'1 lAX:760 341-7098 1T:'.:. infbW palm-dc wit.utg CITY OF PALM DESERT LEGAL NOTICE CASE NO. MISC 10-19 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by Juan Carlos Ochoa for approval of a change to an existing pad elevation. The property is located at 111 Lantana View. "DESERT FERN LN r / AID tiQ it ,Q st , A. PNJ P 410 �Pys\ 0 /10 Q 4 o o • / Q Nit-44 ii.1 J !� NtPNP CANYON -_ ..:—.... �CAHUILLA WAY 41111111 -'� 01 iriro ___/-7f1�F �" ,,, s., nto.,P : � CANYO�,r,.._0., .i %,---- -ts,,-, OR MORNtN.._-�it�,� A4ESQUITE HILLS O ,/ jr, ,c‘ All iloP ______ e, .4:-,71.,..(ii FActiste Layer C ty Paroela. .. --,. ',Di_ ' ` Watt -- j SAID public hearing will be held on Tuesday, February 16, 2010 at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, 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 is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you" challenge•the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,the public hearing. PUBLISH: Desert Sun LAURI AYLAIAN, Secretary February 5, 2010 Palm Desert Planning Commission Ochoa Design Associates architecture / design / planning January 25, 2010 CITY OF PALM DESERT Planning Department and Planning Commission Re: Pad height modification to Lot 9, Tract 25296-5, The Canyons at BIGHORN The Jabara Residence Dear Planning Department staff and Planning Commission Members, On behalf of our clients Mr. and Mrs. Harvey Jabara, we would like to request approval to modify their lot pad height by two (2) feet, from a recorded 750 .00 to an existing 752.00 elevation. We feel that the existing 752.00 pad elevation as graded is a better design as it follows the slope of the street along with the rest of the adjacent homesites. It also sits more naturally between the street curb (which elevation is 750.4 at the driveway apron) and the rear property existing retaining walls (which median elevation is 752.6). An elevation of 750.00 would have created a depression between the aforementioned existing conditions that could cause water drainage problems. We appreciate your attention to this matter and we hope that you will grant this approval So that we move forward with the construction of the Jabara family's new home. Sincerely, ,tc...„,-------- J ar os c oa, ArcTiitect RECEIVED JAN 2 6 2010 .OMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT 73-626 Highway 111 Palm Desert, CA 92260 (760) 773-6605 Fax (760) 773-6602 E-Mail: ochoadesign@msn.com Website: www.ochoadesign.com $AlA Member of the American Institute of Architects BIGHORN d September 17, 2009 City of Palm Desert Building and Safety Department 73510 Fred Waring Drive Palm Desert, CA 92260 Re: BIGHORN Design Review Application Jabara Residence- 111 Lantana View Canyons Homesite E9, Tr. 25296-5 TO WHOM IT MAY CONCERN: Please be advised that the BIGHORN Architectural and Landscape Control Committee has no objection to the pad elevation difference by 2'.0", from 750.0 to the elevation of 752.0. This has no impact what so ever on the neighborhood. If you have any questions;or I can be of further assistance, please feel free to call me at (760) 341-5099. Sincerely, Monica Jim • Administrative Assistant, BIGHORN Architectural and Landscape Control Committee Cc: Juan Carlos Ochoa,Architect BIGHORN HOMEOWNERS ASSOCIATION 941 ANDREAS CANYON DRIVE, PALM DESERT, CALIFORNIA, 92260 U S A a 76o 341-5099 • FAX 760 773-1182