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HomeMy WebLinkAboutRes No 401PLANNING COMMISSION RESOLUTION NO. 401 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING A CONDITIONAL USE PERMIT AND PRELIMINARY DESIGN REVIEW TO ALLOW 16 CONDO- MINIUM UNITS ON APPROXIMATELY 1.32 ACRES SOUTHERLY OF PALM DESERT DRIVE, BETWEEN SHADOW HILLS ROAD AND DEEP CANYON ROAD. CASE NOS. CUP 10-78 and 143MF WHEREAS, pursuant to the provisions of the Palm Desert Zoning Ordinance, the Planning Commission did on September 5, 1978, hold a duly noticed Public Hearing to consider the application of WALTON, BRICKER, AND SMITH for approval of a Conditional Use Permit and Pre- liminary Design Review to allow construction of 16 condominium units on approximately 1.32 acres within the R-3 (Multi -family Residential) zone generally located southerly of Palm Desert Drive, between Shadow Hills Road and Deep Canyon Road, more particularly described as: Lots 2, 3, 8, 9, Block 162 of Shadow Hill Estates Tract WHEREAS, said applicant has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32," in that the Director of Environmental Services has determined that the project will not have a significant adverse effect on the environment and the appeal period has expired; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and argument, if any, the Planning Commission did find the fol- lowing facts and reasons to exist to justify the granting of approval of said Conditional Use Permit and Preliminary Design Review: 1. The location of the project is in accord with the objec- tives of the Zoning Ordinance and the purpose of the dis- trict in which the site is located. 2. The location of the proposed use and the conditions under which it would be operated or maintained will not be de- trimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. 3. The proposed use will comply with each of the applicable provisions of the Zoning Ordinance. 4. The proposed use complies with the goals, objectives, and policies of the City's General Plan. 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 consti- tute the findings of the Commission in these cases. 2. Approval of the Conditional Use Permit and Preliminary Design Review is granted to WALTON, SMITH AND BRICKER subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of Palm Desert Planning Commission held on this 5th day of September, 1978, by the following vote, to wit: AYES: BERKEY, FLESHMAN, KELLY, SNYDER NOES: NONE ABSENT: KRYDER ABSTAIN: NONE GLORIA KELLY, Chairm PAUL A. WILLIAMS, Secretary /ks PLANNING COMMISSION RESOLUTION NO. 401 Page Two CONDITIONS OF APPROVAL CASE NOS. CUP 10-78 & 143MF Standard Conditions: 1. The development of this project shall conform substantially to all plans submitted in behalf of this case, and as revised ac- cording to the Design Review Board process and/or Planning Com- mission action. Any minor changes require approval by the Di- rector of Environmental Services. Any substantial change re- quires approval by the Planning Commission. 2. All requirements of any law, ordinance, or regulation of the State, City, and any other applicable government entity shall be complied with as part of the development process. 3. This approval is applicable, subject to the development of this project, commencing within one year from approval date and being promptly completed. 4. 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 agencies: Director of Public Works - City of Palm Desert Riverside County Department of Public Health Coachella Valley County Water District Palm Desert Design Review Board Process City Fire Marshal - City of Palm Desert 5. Plans and specifications shall conform to the City of Palm Desert standard specifications, development procedures and design criteria. Any modifications, thereof, shall require approval of the Director of Public Works. 6. The Fire Protection Requirements as specified in the Fire Marshal's memo dated August 17, 1978, attached hereto, shall apply. 7. Prior to the issuance of any permits, the applicant shall agree in writing to any conditions of approval. 8. Applicant shall pay fees into the Palm Desert Drainage Fund as required by Ordinance provisions. Special Conditions: 1. Applicant shall install curbs, gutters, sidewalks and tie-in pav- ing on both Shadow Hills Road and Deep Canyon Road. 2. The proposed chimneys shall be deleted. 3. A 36 inch high decorative block wall shall be along the new Deep Canyon frontage in front of the proposed guest parking area. Said wall shall be setback a minimum of 5 ft. from the new property line and the resulting area shall be landscaped. 4. The proposed tennis court shall be recessed a 99' elevation - from the adjacent property line grade. 5. The proposed landscaping along the north and south property line shall be substantially increased in terms of the number of trees. 6. The maximum building height shall not exceed 27 ft. 7. The proposed garages shall be a minimum of 20'x20' totally clear space. PLANNING COMMISSION RESOLUTION NO. 401 Page Three Special Conditions: (Cont.) 8. The proposed guest parking area shall be redesigned to provide for a central driveway entrance with four spaces to the north and four spaces to the south. Further, a minimun of a five foot planter shall be provided between said area and the proposed tennis court andc'adjacent to the north property line. 9. The ground floor of the proposed condominiums shall meet the building code definitions of a basement, otherwise, the proposed structure shall be redesigned to comply with the Zoning Ordinance requirements relative to maximum height permitted. 10. The applicant shall add a driveway on the southerly side of the parking area off of Deep Canyon. Design Review Conditions: 1. Prior to entering Plan Check, the applicant shall submit detailed construction drawings to the Design Review Board for consideration and approval. Said drawings shall comply to the Conditions of Approval herein, to the Conditions of all related City approvals and all Municipal Codes. Said drawings shall be comprehensive as to their compliance with the submittal requirements as speci- fied in the Boards application form. The building permit, when issued, shall include all elements reviewed and approved by the Design Review Board. No certificate of use and/or final clear- ance shall be given by the Department of Environmental Services until construction is in total compliance with the approved plans, shall have been completed. 2. In addition, the applicant shall submit particular detailed plans, as a part of the construction drawings, for the following items which the Board feels are of major concern: a. Wall materials - both on the interior and exterior of the project. b. Mechnical equipment locations, such as A/C units and pool equipment. c. Design of pool enclosures. d. Mailboxes and street sign design. e. Comprehensive sign program. f. Major entrance to the project. 3. Applicant shall provide cut-out for vertical landscaping adjacent to garages, between garage doors and next unit. PLANNING COMMISSION RESOLUTION NO. 401 Page Four August 17, 1978 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Reference: Case No. 10-78 and 143 MF Prior to construction of any of the proposed buildings, the following conditions must be met: 1. Install a water system capable of delivering 2500 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. C. Curbs (if installed), shall be painted red 15 feet in either direction from each hydrant. 3. Prior to issuance of a building permit, the developer shall furnish the origi- nal and three (3) copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Department, and the original will be returned to the developer. 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 Case Number CUP 10-78is in accordance with the requirements prescribed by the Fire Marshal." 5. Prior to delivery of combustible materials to the building site, the water system shall be installed, operating and delivering the required flow. JL.,,,,,,(;;2 David J. Ortegel Fire Marshal DJO:dt PLANNING COMMISSION RESOLUTION NO. 401 Page Six AGREEMENT I accept and agree, prior to use of this permit or approval, to comply with all the conditions setforth, and understand the Department of Building and Safety will not issue a building permit or allow occu- pancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. (Date) (Applicant's Signature)