HomeMy WebLinkAboutRes No 413PLANNING COMMISSION RESOLUTION NO. 413
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE
CITY COUNCIL A CHANGE OF ZONE FROM 'S' STUDY TO PR-3, S.P.(U.A.)
AND O.S. (U.A.), CERTIFICATION OF THE RELATED EIR AS COM-
PLETE, AND APPROVAL OF A REVISED OVERALL CONCEPTUAL
DEVELOPMENT PLAN FOR 732 DWELLING UNITS, RECREATIONAL
AMENITIES AND OPEN SPACE ON APPROXIMATELY 680 ACRES GENERALLY
LOCATED APPROXIMATELY 3 MILES SOUTHWEST OF THE INTERSECTION
OF HIGHWAYS 111 AND 74 ADJACENT TO THE SOUTHERLY BOUNDARY
OF THE CITY OF PALM DESERT ON THE WEST SIDE OF HIGHWAY 74.
CASE NOS. CZ 08-78, DP 11-78, AND RELATED EIR.
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 and a contin-
ued Public Hearing'on October 5, 1978, to consider a request by WESTERN ALLIED PROPERTIES,
INC.,. for a Change of Zone from 'S' Study to PR-5 (U.A.) (Planned Residen-
tial, max. 5 d.u./acre, upon annexation) and 0.S. (U.A.) (Open Space, upon annexa-
tion), the related Environmental Impact Report and an overall conceptual Development
Plan for a 1,428 unit Planned Residential Development and related recreational
recreational amenities and open space on approximately 680 acres, the site generally
located approximately 3 miles southwest of the intersection of Highways 111 and 74
adjacent to the southerly boundary of the City of Palm Desert on the west side of
Highway 74, more particularly described as:
APN 635-040-1, 2, 4, 5, 6, 7, 8
APN 635-050-1, 2, 3, 4, 5, 6
APN 771-040-1, 3 & APN 771-030-1; and
WHEREAS, said application has complied with the requirements of the
"City of Palm Desert Environmental Quality Procedure Resolution No. 78-32" in
that a draft Environmental Impact Report has been completed in accordance with the
requirements of CEQA; 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 the revised Change of Zone
would be more compatible with adjacent existing and
proposed land uses.
b) The density resulting from the revised Change of Zone
would be compatible with densities permitted in the
adjacent areas.
c) The proposed Change of Zone would be compatible with the
Adopted Palm Desert General Plan.
d) The proposed Change of Zone conforms to the intent and
purpose of the City's Zoning Ordinance.
2. Environmental Impact Report:
a) The EIR has been completed in accordance with the
requirements of CEQA.
b) Any potential adverse impacts have been considered
as a part of the EIR submitted.
3. Development Plan:
a) The proposed project conforms to the intent and
purposes of the PR Zone District.
b) The proposed project is well suited for the specific
site and is compatible with existing and proposed
development in the area.
Planning Commission
Resolution No. 413 Page 2
3. Development Plan (Continued):
c) The proposed project will not be detrimental to the
health, safety, and general welfare 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 constitute the
findings of the Commission in these cases.
2. That the Planning Commission does hereby recommend to the City
Council approval of a Change of Zone from 'S' Study to
shown on the attached map labeled Exhibit "A".
3. That the Planning Commission does hereby recommend to the City Council
certification of the related EIR as complete.
4. That the Planning Commission does hereby recommend to the City Council
approval of the overall conceptual Development Plan (Exhibit B) as part of their
consideration of the related Change of Zone, subject to those conditions labeled
Exhibit "C", attached hereto.
PASSED, APPROVED, and ADOPTED at the special meeting of the Palm Desert
Planning Commission, held on this 5th day of October, 1978, by the following
vote, to wit:
AYES: Fleshman, Kryder, Snyder
NOES: Kelly
ABSENT: None
ABSTAIN: Berkey
ULQ'RIA KELLY;
ATTEST:
PAUL A. WILLIAMS, Secretary
/sg
Chairman
EXHIBIT "C"
PLANNING COMMISSION RESOLUTION NO. 413
CONDITIONS OF APPROVAL
CASE NO. DP 11-78
I. STANDARD CONDITIONS:
1. The development of the subject property shall conform substantially
with Exhibit "A" Revised (Case No. DP 11-78) on file with the Depart-
ment 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 include, but are not
limited to, Area Development Plans (CUP Process), Design Review,
Subdivision process, and building permit procedures.
3. Construction of the total development may be done in phases: however,
each individual phase shall meet or exceed all municipal code require-
ments in that the City shall 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, 1989. 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 undeveloped areas to an 'S' Study
Zoning 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. Any/all existing electrical distribution lines, telephone, cable
antenna television, and similar service wires or cables, which are
on or adjacent 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.
II. SPECIAL CONDITIONS:
1. The maximum number of dwelling units shall be 732.
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 unified architectural theme.
4. All landscaping shall conform to an overall Master Landscape Plan
with particular emphasis on that portion of the development abutting
Highway 74, with emphasis on use of natural vegetation.
5. No structures shall be located within 200 ft. of Highway 74.
6. All development and improvements proposed in Hillside Areas shall
conform to all requirements of Chapter 25.52 of the Palm Desert
Municipal Code, the Hillside Development Overlay District. Hill-
side areas are defined as those areas as having average slopes
before grading in excess of ten percent.
Planning Commission
Resolution No. 413
Exhibit "C"
Page 2
7. No development shall occur westerly of the proposed drainage
channel until the following occurs:
a) Said channel is connected to the existing Palm Valley Channel
with full improvements as required by the Coachella Valley
County Water District.
8. The first phase of development shall include the dedication of all
proposed wildlife preserves and other public open space.
9. A wildlife watering facility of a design and location acceptable
to the Bureau of Land Management shall be provided as a part of
the development of the single-family Ranchos area.
10. Each area plan shall be designed to include the incorporation of
the suggested mitigation measures provided in the Finat E.I.R.
11. No development shall occur within 200 ft. of Section 36.
12. No apartments shall be allowed.
13. All downstream improvements shall be installed.
14. The developer shall construct the on -site drainage facilities
necessary for protection of the units within the development and
to direct stormwater to acceptable points of discharge from the
property. The design of these facilities shall be reviewed and
approved by the District prior to any construction.
15. The developer shall make financial arrangements with the District
for the off -site construction and improvement of a channel from
the north boundary of the property to the Palm Valley Stormwater
Channel and of the Palm Valley Stormwater Channel north to the
rock point on the Palm Valley Stormwater Channel at the intersec-
tion of the extension of Bel Air Road. These arrangements must be
made prior to any construction.
16. The developer shall provide the District the necessary rights of
way across the development for the extension of the Palm Valley
Stormwater Channel to allow implementation of a flood control master
plan for the Palm Desert area.
17. The property shall be annexed into the Stormwater Unit of the Dis-
trict.
18. No two story structures shall be permitted.
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
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)
CITY OF PALM DESERT
7-57
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PLANNING COMMISSION
RESOLUTION NO. 413
DATE OCTOBER 511978
CASE NO.
DP I1-70
LEGEND
1-5 732 DWELLING
UNITS
TOTAL
6
7
8
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WILDLIFE PRESERVE
PUBLIC PARK
OTHER OPEN SPACE
PRIVATE REC. FACILITY
MAJOR HIGHWAY
COLLECTOR
CITY OF PALM DESERT
PLANNING COMMISSION
RESOLUTION NO. 413
DATE OCTOBER 5 ,1978