HomeMy WebLinkAboutRes No 397PLANNING COMMISSION RESOLUTION NO. 397
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
APPROVAL TO THE CITY COUNCIL OF A REVISED
CHANGE OF ZONE FROM P TO PR-4, S.P. AND A
REVISED DEVELOPMENT PLAN FOR 282 DWELLING UNITS
ON 70.5 ACRES ON PROPERTY LOCATED AT THE NORTH-
WEST CORNER OF THE INTERSECTION OF 44TH AVENUE
AND SAN PASCUAL AVENUE.
CASE NOS. C/Z 09-78, DP 13-78, and 144MF
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 5th day of September, 1978, hold a duly noticed
Public Hearing to consider a Change of Zone application from P (Public/
Institutional) and PR-4, S.P. (Planned Residential - 4 dwelling units
to the gross acre, Scenic Preservation Overlay) to PR-6 (Planned Re-
sidential - 6 dwelling units to the gross acre); and a Development Plan
for a 418 unit planned residential development including specific con-
cept plans for the first 27.2 acre phase, filed by LEWIS HOMES OF CALI-
FORNIA on approximately 70.5 acres located at the northwest corner of
the intersection of 44th Avenue and San Pascual Avenue, the site being
more particularly described as:
A portion of APN 621-360-005
A portion of APN 621-360-001
WHEREAS, the Planning Commission, at the same time, reviewed
the preliminary Design Review of the first phase of said development
which had been recommended for approval by the City's Design Review
Board subject to conditions; and,
WHEREAS, said application has complied with the requirements of
the "City of Palm Desert Environmental Quality Procedure Resolution No.
78-32" in that the City has reviewed the potential adverse environmental
impacts; determined that none existed that were not considered as a part
of the Environmental Impact Report prepared in conjunction with the
College of the Desert Specific Plan; therefore, a Negative Declaration
was prepared and the appeal period has expired; and,
WHEREAS, at said Public Hearing, upon hearing and considering
the testimony and arguments of all interested persons desiring to be
heard, said Planning Commission did find the following facts to justify
their recommendations and actions as described below:
1. Change of Zone:
a. The land use resulting from a revised Change of Zone
would be more compatible with adjacent existing and
proposed land uses.
b. The density resulting from a revised Change of Zone
would be compatible with densities permitted in the
adjacent areas.
c. A revised Change of Zone would be more compatible with
the Adopted General Plan, specifically the College of
the Desert Specific Plan and the Master Plan of Parks
and Recreation.
d. The revised Change of Zone conforms to the intent and
purpose of the City's Zoning Ordinance.
10
PLANNING COMMISSION
RESOLUTION NO. 397 Page Two
2. Development Plan:
a. The proposed project as modified conforms to the
intent and purpose of the PR Zone District.
b. The proposed project as modified is well suited
for the specific site and is compatible with exist-
ing and proposed development in the area.
c. The proposed project, as modified, will not be de-
trimental to the health, safety, and general wel-
fare of the community.
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, correct and consti-
tute the findings of the Commission in these cases.
2. That the Planning Commission does hereby recommend to the
the City Council approval of a Chanp.P of Zone from P to
PR-4, S.P., as shown on the attached map labeled Exhibit A;
3. That the Planning Commission action on the Change of
Zone includes a recommendation of approval of Development
Plan, Case No. DP 13-78, subject to compliance with con-
ditions as specified in Exhibit B attached hereto.
4. That Case No. 144MF is hereby rejected for cause.
PASSED, APPROVED, and ADOPTED at the regular meeting of the
Palm Desert Planning Commission, held on this 5th day of September,
1978, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:777)
BERKEY, FLESHMAN, KELLY, KRYDER
NONE
KRYDER
NONE
PAUL A. WILLIAMS,
Secretary
GLpRIA KELLY, Chair an
%ks
I(
CITY OF PALM DESERT
G
311N3nb' A3831 N O W
A
PLANNING COMMISSION
RESOLUTION NO. 397
DATE September 5, 1978
12
PLANNING COMMISSION
RESOLUTION NO. 397 Page Three
EXHIBIT B
CONDITIONS OF APPROVAL
CASE NO. DP 13-78
Standard Conditions:
1. The development of the property shall conform substantially with
Exhibits A-F (Case No. DP 13-78) on file with the Department of
Environmental Services, as modified by the following conditions:
2. Prior to the issuance of a building permit for construction of
any uses contemplated by this approval, the applicant shall first
complete all the procedural requirements of the City which includes,
but not limited to, Design Review, Subdivision process, and build-
ing permit procedures.
3. Construction of the total development may be done in phases; how-
ever, each individual phase shall meet or exceed all Municipal
Code requirements to the degree that the City could consider each
phase as a single project.
4. Construction of a portion of said project shall commence within
one year from the date of final approval otherwise said approval
shall become null, void and of no effect whatsoever. Further,
the total project shall be completed by January 1, 1985. After
said date, this approval shall automatically expire for those
remaining undeveloped portions of the subject property and the
City Council may initiate rezoning procedures to revert said un-
developed areas to an S (Study) Zone Designation.
5. Prior to the issuance of any City permits for the commencement
of construction on said project, the applicant shall agree in
writing to these Conditions of Approval.
6. The development of the property described herein 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.
7. All existing electrical distribution lines, telephone, cable antenna
television, and similar service wires or cables, which are adja-
cent to the property being developed shall be installed underground
as a part of development from the nearest existing pole not on the
property being developed.
13
PLANNING COMMISSION
RESOLUTION NO. 397 Page Four
Special Conditions: - Exhibit B (Case No. DP 13-78)
General Development Plan
1. The maximum number of dwelling units shall be limited to 282.
2. Each phase of construction shall conform to all requirements of
Chapter 25.24 of the Palm Desert Municipal Code.
3. All buildings shall conform to a unifying architectural theme.
4. All landscaping shall conform to an overall landscape master plan
with particular emphasis on abutting public streets.
5. Public street dedication and improvements shall be as follows:
a. The full frontage of San Pablo Avenue shall be dedicated
and improved with curb, gutter, tie-in paving, 8 ft. wide
meandering bicycle/pedestrian system, center median, and
landscaping on the basis of a 50 ft. wide half -street im-
provement width within a 63 ft. half -street right-of-way
width.
b. The full frontage of 44th Avenue shall be dedicated and im-
proved with curb, gutter, tie-in paving, 8 ft. wide meander-
ing bicycle/pedestrian system, center median, and landscaping
on the basis of a 55 ft. wide half -street improvement width
within a 86 ft. half -street right-of-way width.
c. The full frontage of Magnesia Falls Drive shall be dedicated
and improved with curb, gutter, tie-in paving, 8 ft. wide
meandering bicycle/pedestrian system, center median, and
landscaping on the basis of a 55 ft. half -street right-of-
way width with a 32 ft. wide pavement width from back of
curb.
d. The full frontage of San Pascual Avenue shall be dedicated
on the basis of an additional 17 ft. of right-of-way and
improved with curb, gutter, and tie-in paving on the basis
of a 21 ft. improvement width.
e. The proposed entrance streets from Magnesia Falls Drive and
San Pablo Avenue; whether public or private, shall be develop-
ed on the basis of a minimum of two fully improved, 20 ft.
wide travel areas separated by a 16 ft. wide center median
including appropriate turn pockets.
f. The above described street improvement requirements do not
apply to the proposed street frontage abutting the proposed
public park. Along said frontage, the applicant's respon-
sibility shall be limited to the installation of curb, gutter,
center median, and tie-in pavement.
g•
All street improvements shall include fulllengh`cross gutters at all
street intersections for the fullwidth without regard to
the applicant's responsibility for street dedications.
6. Except for approved driveway and pedestrian openings and street
intersection cutouts, a continous, decorative 6 ft. high block
wall, or an approved alternative as approved through the Design
Review process,shall be provided at the following locations:
a. On the ultimate property line on 44th Avenue from the pro-
posed drainage channel to the civic center site.
b. Along the east boundary of the civic center and public park
site.
14
PLANNING COMMISSION
RESOLUTION NO. 397 Page Five
Special Conditions: - Exhibit B (Case No. DP 13-78
General Development Plan (Cont.)
6. c. On the ultimate property line on S•an Pablo Avenue from the
proposed entrance street northerly to Magnesia Falls Drive.
d. On the ultimate property line on Magnesia Falls Drive for
the full frontage. Special consideration may have to be
given to the proposed drainage channel frontage.
e. Along the east property line from the northerly extension
of San Pascual Avenue to Magnesia Falls Drive.
7. The proposed 100 ft. wide drainage swale shall be dedicated to
the City as an easement. Any improvement of said area shall be
limited to the extent that such improvements shall not inhibit
the function of said area as a drainage way.
8. The applicant shall pay the fees into the Planned Local Drainage
Facilities Fund in an amount to be determined by the provisions
of Ordinance No. 175 with the following exceptions:
a. Said fee shall not apply to the proposed drainage swale or
Park site.
b. Specific drainage related improvements within the proposed
drainage swale may be deducted from this requirement at the
option of the City Council as determined as a part of their
review of subsequent subdivision maps which involve said
area.
9. The applicant shall make a contribution to the City's Signali-
zation Fund in the amount of $50 per unit.
10. All landscaping installed within the required parkway area along
all public streets shall thereafter be maintained by the owners
and/or occupants of the total development.
15
PLANNING COMMISSION
RESOLUTION NO. 397 Page Six
Design Review Conditions: Exhibit B (Case No. DP 13-78)
Phase 1
1. The maximum number of dwelling units shall be limited to 132 units.
2. The minimum setback between buildings shall be 20 ft. except that
distance between detached garage or carport buildings and units
shall be a minimum of ten feet.
3. Each dwelling unit shall have a minimum of one 320 sq. ft. private
patio or yard area.
4. All units that take direct access from the major interior street
shall comply with the following:
a. Have a min. 20 ft. deep apron parking area in front of the
garage.
5. All covered parking shall be a minimum of 10'x20' inside clear for
open space. Open parking spaces in bays shall be 9'x20' clear
space.
6. The total number of guest spaces in parking bays shall be 70 spaces.
AGREEMENT
I accept and agree, prior to use of this permit or approval, to
comply with all the conditions set forth and understand the Depart-
ment of Building and Safety will not issue a building permit or
allow occupancy on the use permitted until this signed confirmation
has been received by the Department of Environmental Services.
(Date) (Applicant's Signature)
16