HomeMy WebLinkAboutRes No 256PLANNING COMMISSION RESOLUTION NO. 256
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND
APPROVING A DEVELOPMENT PLAN ON PROPERTY GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION
OF 44TH AVENUE AND DEEP CANYON ROAD.
CASE NO. DP 02-77(REVISED)
WHEREAS, pursuant to the provisions of Section 25.39 of the Palm Desert
Zoning Code, the Planning Commission did on July 5, 1977, hold a duly noticed
Public Hearing to consider the application of INTERSTATE PROPERTIES, INC.-DEEP
CANYON, LTD., for a Revised Development Plan approval to allow a 212-unit Planned
Residential Development on property located in the PR-5,N Zone District and situated
at the southeast corner of the intersection of 44th Avenue and Deep Canyon Road, and
more particularly described as:
The NW 4 of the SW 4 of the NE 4
of Section 21, T5S, R6E, SBB & M
Excepting therefrom westerly 44'
northerly 55' and N 4 of SE 4 of
NE 4 of the NE 4 of said Section.
WHEREAS, said application has complied with the requirements of the "City
of Palm Desert Environmental Quality Procedure Resolution Number 77-7", in that
a final Environmental Impact Report was certified for a similar project on the
site known as CUP 1493E and Tract 5075 and the proposed project has been determined
by a Negative Declaration to have no great environmental impacts pursuant to Section
15067 of the California Administrative Code and the appeal period has expired; 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 Com-
mission did find the following facts and reasons to exist to justify the granting
of said Development Plan:
1. The proposed development is consistent with the City's adopted
General Plan.
2. The design or improvement of the proposed development as modified
by the recommended conditions will be consistent with the Zoning
Ordinance.
3. The site is physically suitable for the type of development proposed.
4. The site is physically suited for the proposed density of the development.
5. The design of the development as amended by the recommended conditions
and the proposed improvements are not likely to cause substantial en-
vironmental damage or have a serious effect on the public health, safety,
and general welfare.
WHEREAS, the Planning Commission also considered the following exceptions
to the Special Standards of the PR Zone District:
1. Reduction of the building separation for other than detached
units setback from twenty (20) feet to ten (10) feet.
WHEREAS, the Planning Commission has determined that the requested
exception is justified for the following reasons:
Case No. DP 02-77(Revised) Planning Commission Resolution No. 256
1. The requirement does not appear to be applicable to a duplex
building because its intent is to separate buildings with a
large mass.
2. The actual design of the buildings are such that the separation
is not provided on only a small portion of the building.
3. Even with the proposed exception, this development meets the
intent and purpose of the PR Zone District.
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;
2. The Planning Commission hereby approves the above -described exception
to the required development standards for the reasons expressed above;
3. Development Plan 02-77 (Revised) is hereby approved limited to
211 units for reasons, subject to attached conditions.
PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert
Planning Commission held on this 5th day of July, 1977, by the following vote,
to wit:
AYES: Kelly, Kryder, Snyder, Berkey, Reading
NOES: None
ABSENT: None
ABSTAIN: None
GEORGEBERKEY, CHAIRMAN
ATTEST:
PALM DESERT PLANNING COMMISSION
Planning Commission
Resolution No. 256 July 5, 1977
CONDITIONS OF APPROVAL
CASE NO. DP 02-77 (REVISED)
I. STANDARD CONDITIONS:
1. The development of the property shall conform substantially with
that as shown on plot plan marked Exhibit 'A' on file with the
Department of Environmental Services, Case No. DP 02-77(Revised),
unless otherwise amended by the following conditions.
2. Prior to issuance of a building permit, for any condominium
structure, a subdivision shall be recorded conforming substan-
tially with said Exhibit 'A'.
3. Prior to the 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 public agencies:
County Department of Public Health
Palm Desert Design Review Board Process
Coachella Valley County Water District
Regional Water Quality Control Board #7
Evidence of said permit or clearance from the above agencies shall
be presented to the Department of Building and Safety at the time
of the issuance of a building permit for the use contemplated here-
with.
4. A landscaping, grading, lighting, amenities, trash storage, walkway
layout, and irrigation plan shall be submitted through the Design
Review Board process. The building permit when issued shall include
the grading, lighting, amenities, trash storage, walkways, swimming
pool equipment, and irrigation systems. No final inspection or oc-
cupancy shall be given by the Department of Environmental Services
to this project until the aforementioned approved plans and construc-
tion shall have been completed.
5. The applicant shall conform to all requirements and improvements
deemed necessary by the City Fire Marshall as stated in the attached
letter.
6. Construction of the development permitted hereby may be done pro-
gressively in stages, provided adequate vehicular access is constructed
for alldwelling units and further provided that such stage development
conforms substantially with the intent and purposes of this approval for
the provision of open areas, recreation facilities, and off-street auto-
mobile parking.
7. The sewerage disposal system shall be submitted to and approved by the
Coachella Valley County Water District prior to issuance of a building
permit.
8. This approval shall be used within one (1) year of this action, other-
wise it shall become null and void and of no effect whatsoever. By
"use" is meant recordation of a subdivision map and beginning of con-
struction of a portion of the project.
9. Prior to utilization of this Development Plan, the applicant shall
agree in writing to any conditions of approval.
Planning Commission
Resolution No. 256 July 5, 1977
Conditions of Approval
Case No. DP 02-77(Revised)
Page Two
I. STANDARD CONDITIONS (continued)
10. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to
all requirements, limitations, and restrictions of all municipal ordi-
nances and State and Federal statutes now in force, or which hereafter
may be in force.
II. SPECIAL CONDITIONS:
1. The applicant shall underground all existing overhead utility distri-
bution lines on or immediately adjacent to the property.
2. (a) A meandering masonry or stucco wall, six (6) feet high, shall be
installed along the full frontage of 44th Avenue and Deep Canyon
Road except for approved openings of design and materials as ap-
proved through the Design Review Board process.
(b) A six (6) foot high masonry or stucco wall shall be installed
non -street property line of the project. Said wall shall be
the same as approved for the street frontages.
3. The indicated date palms shall be installed as shown on Exhibit A
and maintenance shall be the responsibility of the developer which
may ultimately be assumed by the homeowners association for the
project.
4. The maximum phasing shall be limited to four (4) phases.
5. The proposed landscaping and walkway treatment of the public right-of-
way on Deep Canyon Road and 44th Avenue shall be modified as necessary
to conformance of the improvement requirements of Tract 9144(Revised).
6. Any proposed landscaping of the lots across the street from the pro-
posed openings to 44th Avenue and Deep Canyon Road shall include the
utilization of existing date palms and/or citrus trees as determined
by the Director of Environmental Services.
7. A minimum of 45 guest parking spaces shall be provided in bays along
the private streets at locations which would supplement the parking
needs for the proposed cul-de-sac areas and the major recreation areas.
The precise location and design shall be reviewed as a part of the Design
Review Board process.
8. Any wall or fencing on the proposed lots shall be limited to a three to
three and one-half (3-32) foot high masonry or stucco wall with approved
openings on the rear property lines. Said limitation shall not affect
any Ordinance requirements relating to any private pools.
9. An emergency access of a design acceptable to the City Fire Marshall
shall be constructed from Deep Canyon Road, along the southerly boundary
of the project and through proposed lot 123 (Tract 9144-Revised) to the
proposed private streets. To accomplish this requirement, the proposed
lot number 123 and unit is hereby deleted and any width not needed for
the required emergency access shall be dispersed among the adjacent lots.
10. The proposed landscape treatment in the center of the proposed cul-de-
sacs shall not be permitted unless a 40 foot turning radius can be main-
tained as approved by the City Fire Marshall.
Planning Commission
Resolution No. 256 July 5, 1977
Conditions of Approval
Case No. DP 02-77(Revised)
Page Three
II. SPECIAL CONDITIONS (continued)
11. The design of any dwelling unit, located on a cul-de-sac and not
having a minimum of sixteen (16) feet street setback, shall be
modified to provide for one carport and one garage parking space or
electric garage doors to be provided through the Design Review Board Process.
12. The proposed tennis courts shall be recessed from adjacent walkway
or private lot grade a minimum of three (3) feet as approved through
the Design Review Board process.
13. All swimming pools shall be enclosed by walls or fences, a minimum
of four (4) feet in height.
14. The applicant shall explore the possibility of heating the swimming
pools with solar heating units.
15. A small maintenance building shall be constructed for maintenance
equipment storage.
16. A master trash agreement shall be developed for the total project
and enclosed trash storage areas shall be provided through the
development as a part of the Design Review Board process.
17. Date trees affected by the bay parking shall be relocated elsewhere
in the development.
AGREEMENT
I accept and agree, prior to use of this permit or approval, to comply with
all the conditions set forth, and understand the Department of Building and
Safety will not issue a building permit or allow occupancy on the use per-
mitted until this signed confirmation has been received by the Department
of Environmental Services.
(Date) (Applicant's Signature)
jclr;,1! cuUN7'V ...,
L
lei
' June 21, 1977
DEPARTMENT OF FIRE PROTECTION
IN COOPERATION WITH THE
CALIFORNIA DIVISION OF FORESTRY
DAVID L. FLAKE
COUNTY FIRE WARDEN
Paul Williams
Director of Environmental Services
City of Palm Desert
RE: Tentative Tract No. 9144
Gentlemen:
P C+ 77
P.O. BOX 248
210 WEST SAN JACINTO STREET
PERRIS, CALIFORNIA.92370
TELEPHONE (714) 657-3183
Provide the following fire protection in accordance:
1. Install a water system capable of delivering 1500 GPM fire flow from any
fire hydrant for a two hour duration in addition to domestic supply. The
computation shall be based upon a minimum of 20 psi residual operating
presure in the supply main from which the flow is measured at the time of
measurement.
2. Install Riverside County super fire hydrants located at each street inter-
section (a) but not greater than 400 feet apart in any direction.
A. Exterior surface of hydrant barrels and heads shall be painted chrome
yellow, and the tops and nozzle caps shall be painted green.
B. Curbs shall be painted red 15 feet in either direction from each hydrant.
3. Prior to recordation of the final map, the developer shall furnish the original
and three (3) copies of the water system plan to the Fire Marshal for review.
4. The water system plan shall be signed by a registered civil engineer and
approved by the water company, with the following certification: "I certify
that the design of the water system in Tract No. 9144 is in accordance with
the requirements prescribed by the Fire Marshal." Upon approval, the original
plan will be returned to the developer.
5. Cul-de-sac roads should be redesigned to a length of no more than f..hundred
feet and provide a sixty foot turn -around at the end of the street for fire
apparatus.
Very truly yours,
David L. Flake
Fire Chief
Bud Engel
Fire Marsahl
BE/ks