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HomeMy WebLinkAboutRes No 442PLANNING COMMISSION RESOLUTION NO. 442 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPRnTAT, TO THE CITY COUNCIL OF A CHANGE OF ZONE FROM R-1-9000 to PR-4, RELATED DEVELOPMENT PLAN FOR 31 DWELLING UNITS, AND APPROVAL OF A PRELIMINARY absIGN REVIEW APPLICATION ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF DEEP CANYON ROAD AND NORTH OF 44TH AVE. CASE NOS. C/Z 17-78, DP 21-78, AND 158 MF. WHEREAS, the Planning Commission of the City of Palm Desert, California did on the second day of January 1979, hold a duly noticed Public Hearing to consider a change of zone application from R-1-9000 (Single-family, min. 9,000 square feet lot area) to PR-4(Planned Residential, maximum 4du/AC) a Development Planned for forty (40) dwelling units, which was subsequently amended to PR -Stand 39 total dwelling units, and preliminary Design Review appli- cation, filed by the ROMAN CATHOLIC BISHOP OF SAN BERNARDINO on 7.965 acres generally located on the west side of Deep Canyon Road north of 44th Avenue, the site being more particularly described as follows: APN 621-471-002 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 determined that this 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 the testimony and arguments, if any, 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. 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. c. The proposed project will not be detrimental to the health, safety, and general welfare of the community. PLANNING COMMISSION RESOLUTION NO. 442 Page Two 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. That it does hereby recommend approval to the City Council of a Change of Zone from R-1-9,000 to PR-4 for the reasons set out in this resolution. 3. That the Planning Commission does hereby recommend to the City Council approval of an overall conceptual Development Plan (Exhibit B) as a part of their consideration of the related Change of Zone, subject to those conditions labeled Exhibit C, attached hereto. 4. That the Planning Commission does hereby approve Design Review Case no. 158MF, subject to conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 2nd day of January, 1979 by the following vote, to wit: AYES: Berkey, Fleshman, Kelly, Kryder, Snyder NOES: None ABSENT: None ABSTAIN: None GLORIA KELLY, Chairman ATTEST: PAUL A. WILLIAMS, Secretary / en ,J Page Three PLANNING COMMISSION RESOLUTION NO. 442 CONDITIONS OF APPROVAL CASE NO. DP 21-78 Standard Conditions: 1. The development of the property shall conform substantially with Exhibit A (Case No. DP 21-78) 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 used 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 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 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. 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 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 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. 8. All requirements of the City Fire Marshal shall be met as part of the development of this project per attached letter dated December 21, 1978. 9. Construction plans shall be submitted for approval to the City Fire Marshal prior to issuance of building permits. All Conditions shall be made a part of construction and no certificate of occupancy shall be issued until completed. 10. Traffic control provisions shall be provided as required by the Director of Public Works. 11. 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. 12. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain per- mits 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 Department of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. PLANNING COMMISSION RESOLUTION NO. 442 Standard Conditions: (Cont.) 13. The total number of units shall be limited to 31. Page Four 14. All necessary dedications and street improvement along the full frontage of Deep Canyon Road shall be installed prior to occupancy of any unit. Said dedication and improvements shall be completed as required by the Director of Public Works. Special Conditions: 1. The development shall be enclosed by a six foot high decorative masonry wall, except for permitted pedestrian and vehicular access opening. 2. A detailed landscaping plan shall be submitted for Design Review Board approval 3. Off-street parking shall be a combination of a single garage and single carport per unit. AGREEMENT I accept and agree, prior to use of this permit or approval, to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow oc- cupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. (Date) (Applicant's Signature) PLANNING COMMISSION RESOLUTION NO. 442 Page Five COUNTY• RIVERS! RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY DAVID L. FLAKE COUNTY FIRE WARDEN Mr. Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Dear Mr. Williams: December 20, 1978 210 WEST SAN JACINTO STREET PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3183 Re: Case No. DP 21-78 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 original 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 DP 21-78 is in accordance with the requirements prescribed by the Fire Marshal." 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. RECEIVED DEC 2 2 1= ENVIRONMENTAL SERVICES CITY OF PALM DESERT vld Very truly yours, DAVID L. FLAKE F3.re Chief / U1 o.,4 i C David J. Ortegel Fire Marshal