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HomeMy WebLinkAboutRes No 408PLANNING COMMISSION RESOLUTION NO. 408 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FIND- INGS AND RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A CHANGE OF ZONE FROM 'S' STUDY TO PR-5(U.A.) PR-5, S.P. (U.A. ), S.I.(U.A.), AND S.I., S.P.(U.A.) ON APPROXI- MATELY 158 ACRES. APPROVING A DEVELOPMENT PLAN AND PRELIMINARY DESIGN REVIEW TO PROVIDE FOR 381 DWELLING UNITS ON AN 80 ACRE PORTION OF THE SITE AND APPROVING A TENTATIVE PARCEL MAP CREATING FOUR PARCELS. CASE NOS. C/Z 11-78, DP 14-78, 148MF and PM 13406 WHEREAS, the Planning Commission of the City of Palm Desert, California, did hold a duly noticed Public Hearing on October 3, 1978, to consider a request by E. GEORGE MARZICOLA for a Change of Zone from 'S' Study to PR-5(U.A.) (Planned Residential, max. 5 du/acre, Upon Annexation), PR-7(U.A.) (Planned Residential, max. 7 du/acre) and S.I.(U.A.) (Service .Industrial, Upon Annexation), on approximately 158 acres on the east side of Cook Street and northerly of Merle Drive and a related' request for approval of a Parcel Map which would divide the subject site into four parcels, the site being more particu- larly described as: . APN 619-060-015-2 APN 619-060-016-3 WHEREAS, the Planning Commission at the same Public Hearing did consider a related request by D. K. Kavanaugh for approval of a Develop- ment Plan and preliminary Design Review to allow 381 dwelling units on approximately 80 acres within the PR-5(U.A.) zone being a portion of the site described above; 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 Director of Environmental Services has deter- mined that the project will not have a significant adverse effect on the environment and no further environmental documentation will be required; and, WHEREAS, at said Public Heraing, upon hearing and considering the testimony and arguments, if any, of all interested persons desir- ing to be heard, said Planning Commission did find the following facts and reasons to exist to justify recommending a Change of Zone from 'S' Study to PR-5(U.A.), PR-5, S.P.(U.A.), S.I.(U.A.), and S.I., S.P. (U.A.): 1. The land uses resulting from a revised Change of Zone would be more compatible with adjacent and proposed land uses. 2. The density resulting from the revised Change of Zone would be compatible with densities permitted in ad- jacent areas. 3. A revised Change of Zone would be more compatible with the adopted General Plan and Scenic designation on Cook Street. 4. The revised Change of Zone conforms to the intent and purpose of the City's Zoning Ordinance. WHEREAS, at the same Public Hearing, upon hearing and considering the 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 recommending approval of a parcel map to' create four parcels: 1. The proposed Tentative Parcel Map substantially complies with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map Act, as amended. 7 PLANNING COMMISSION. RESOLUTION NO. 408 Page Two 2. The proposed Tentative Parcel Map does comply with the adopted General Plan and Palm Desert Zoning Ordinance. WHEREAS, at the same Public Hearing, upon hearing and consider- ing the testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the follow- ing facts and reasons to exist to justify recommending approval of said Development Plan: 1. The proposed project (as modified) conforms in con- cept to the intent and purpose of the PR and SI zones. 2. The proposed project (as modified) is suited for the specific site and is compatible with existing and pro- posed development in the area. 3. The proposed project (as modified) will not be detrimental to the health, safety, and general welfare of the community. WHEREAS, at the same Public Hearing, upon hearing and con- sidering the 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 recommending approval of the Preliminary Design Review: 1. The proposed project conforms to all legally adopted development standards. 2. The design and location of the proposed project will not impair the desirability of investment or occupa- tion in the area in which it is located. 3. The proposed project is in keeping with the character of the surrounding planned area. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. The above recitations are true and correct and constitute the findings of the Commission in this case. 2. The Commission does hereby recommend to the City Council approval of a Change of Zone from 'S' Study to PR-5, S.P.(U.A.), PR-5(U.A.), S.I., S.P.(U.A.), and S.I.(U.A.) as indicated on the attached Exhibit 'A'. 3. The Commission does hereby approve the above described Tentative Parcel Map No. 13559 subject to fulfillment of the condi- tions set forth in the attached Exhibit 'B'. 4. The Commission does hereby recommend to ,the City Council approval of a Development Plan and Preliminary Design Review subject to fulfillment of the conditions set forth in the attached Exhibit 'C'. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of October, 1978, by the following vote, to wit: AYES: Berkey, Fleshman, Kryder, Snyder NOES: None ABSENT: None ABSTAIN: Kelly l��C=wsYur�/ WALTER SNYDER,Y yChairman T: PAUL A. WILLIAMS, Secretary /ks 13381S co >1000 co c co CITY OF PALM DESERT PLANNING COMMISSION RESOLUTION NO. 408 DATE October 3, 1978 olEzzLmic2,a (o)33 MMEEMt4EGIr A PLANNING COMMISSION RESOLUTION NO. 408 EXHIBIT B CONDITIONS OF APPROVAL CASE NO. PM 13406 1. The Tentative Parcel Map is granted for the land as described in the application and any attachments, thereto, and as shown on the plot plan labeled, Exhibit A, and the requirements herein. 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 any construction. 3. That access to Parcel No. 3 shall be taken from Cook Street and private Street 'B'; and, that no access shall be permitted from Hovely Lane. 4. That Parcel No.. 3 shall provide an interior circulation system which grants and allows access to Parcel No. 4 across its boundaries to Cook Street. 5. That Parcel No. 4 shall take primary access from Private Street 'B'; and, that access to Hovely Lane be limited to that which is required for emergency ingress and egress. 10 PLANNING COMMISSION RESOLUTION NO. 408 EXHIBIT C CONDITIONS OF APPROVAL CASE NOS. DP 14-78 and 148MF Standard Conditions: 1. The development of this project shall conform substantially to all plans submitted in behalf of this case and as revised according to the Design Review Board process and/or Planning Commission action. Any minor changes requires approval by the Director of Environmental Services. Any substantial change requires 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. Any roof mounted, exhaust, or air conditioning equipment shall be fully concealed from view from any public rights -of -way and adjoining properties by architecturally integrated means. 5. Construction plans shall be submitted for approval to the City Fire Marshal prior to issuance of building permits. All con- ditions shall be made a part of construction and no certificate of occupancy shall be issued until completed. 6. All utility service and distribution lines on or abutting the subject property, shall be placed underground prior to occupancy clearance. 7. Traffic control provisions shall be provided as required by the Director of Public Works. 8. Curb, gutter, sidewalk or approved pathways, and tie-in paving shall be provided in conformance with City Standards and/or as required by the Director of Public Works. 9. The Fire Protection Requirements as specified in the Fire Mar- shal's memo dated September 14, 1978, attached hereto, shall apply. 10. 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: Riverside County Department of Health Palm Desert Design Review Board Process City Fire Marshal Coachella Valley County Water District Evidence of said permit or clearance from the above agencies shall be presented to the Dept. of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. 11. No development shall occur on the subject property prior to the recordation of a tract map. 11 PLANNING COMMISSION RESOLUTION NO. 408 Special Conditions: EXHIBIT C Page Two 1. Eleven feet of right-of-way shall be dedicated along the easterly side of Cook Street. 2. That roof treatments on dwelling units be carried around on all building elevations. 3. That dwelling unit arrangements shall be varied to break-up the visual front yard regimentation along street frontages. This may be accomplished by staggering front yard setbacks, curving streets, or any combination of techniques to achieve this design objective. 4. A common area shall be designated and improved for the storage of homeowner recreational vehicles. 5. Where dwelling units back directly to the rear of other units, the patio areas shall be arranged so that they are located on opposite ends of the buildings, so that no two patio areas are directly across from each other. 6. The first two corner dwelling units on each cul-de-sac shall have radial driveways with garage doors oriented to the side, rather than the street frontage. 7. Adequate turning radius shall be provided on all cul-de-sacs as required by the City Fire Marshal. 8. All cul-de-sacs shall be modified to permit a 40' radius. 9. A detailed drawing of the perimeter wall shall be submitted for further review. 10. Landscaping of the perimeter wall shall include a double row plant- ing of tamarisks and facing of oleanders. 11. Substitute plants for pines and locusts shall be provided. The landscaping plan shall place greater emphasis on trees and vines, rather than shrubs. 12. Prior to preparation of construction drawings, the applicant shall provide expanded recreational amenities, as expressed in detailed plans for each specific area. The additional recreational amenities shall relate specifically to the proposed orientation of the units said areas will serve. PLANNING COMMISSION RESOLUTION NO. 408 F.4F.l a 6 OF FIEv3F;OF iI N COOPERATION n't..,.._+ 'HE_ September 14, 1978 Paul A. Williams, Director Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 EXHIBIT C Page Three Reference: Tentative Parcel Map No. 13406 Gentlemen: Provide the following fire protection in accordance: 1. Install a water system capable of delivering 3000 GPM fire flow from any fire hydrant for a three hour duration in addition to domestic supply. The computa- tion 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 located at each street intersection (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 orange. 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 Parcel Map No. 13406 is in accordance with the requirements prescribed by the Fire Marshal." Upon approval, the original plan will be returned to the developer. V y truly yours, r d David J. 0rtegel Fire Marshal DJO:dt /z