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HomeMy WebLinkAboutRes No 592PLANNING COMMISSION RESOLUTION NO. 592 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT PLAN AND DESIGN REVIEW CASE TO ALLOW CONSTRUCTION OF DWELLING UNITS, RELATED PRIVATE RECREATION AMENITIES AND PUBLIC PARK, LOCATED NORTH OF 44TH AVENUE AND SOUTH OF MAGNESIA FALLS (PROPOSED EXTENSION) BETWEEN SAN PABLO (PROPOSED EXTENSION) AND SAN PASCUAL. CASE NOS. DP 05-80 and 207 MF WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 29th day of April, 1980, hold a duly noticed Public Hearing to consider the request by LEWIS HOMES OF CALIFORNIA for approval of an overall conceptual Development Plan to construct a total of 282 single family and duplex units, private recreation amenities, with a public park dedication, on approximately 70.3 net acres, and related Design Review case to construct one portion of the overall project contain- ing 142 dwelling units, within the PR-4, S.P. (Planned Residential, max. 4 d.u./ac., Scenic Preservation Overlay) zone, generally located north of 44th Avenue & south of Magnesia Falls (proposed extension) and between San Pablo (proposed extension) and San Pascual, more particularly described as: APN 621-360-008 and 621-360-009 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 the project has previously been assessed in connection with Case Nos. C/Z 09-78 and DP 13-78, and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify their actions, as described below: a. The proposed project generally conforms to the intent and purpose of the PR Zone District. b. The proposed project conforms to Palm Desert General Plan --College of the Desert Area Specific Plan. 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 and correct and constitute the findings of the Commission in this case. 2. That the Planning Commission does hereby approve Case Nos. DP 05-80 and 207 MF subject to those conditions attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 29th day of April, 1980, by the following vote, to wit: AYES: BERKEY, KRYDER, MILLER, MCLACHLAN NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST:\ CHLES MIL ER, Chairman PA t A /lr PLANNING COMMISSION RESOLUTION NO. 592 Page -2- CONDITIONS OF APPROVAL CASE NOS. DP 05-80 and 207 MF Standard Conditions: 1. The development of the property shall conform substantially with Exhibit A thru RR (Case Nos. DP 05-80 and 207 MF) 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 include, but are not limited to, Design Review, Subdivision process, and building permits 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 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 the letter dated January 17, 1980, filed in conjunction with the conditions of approval for Tentative Tract Map Nos. 14003 and 14004. 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 permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Design Review Board Process City Fire Marshal Coachella Valley 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. 13. No development shall occur on the subject property prior to the record- ation of a tract map, except drainage improvements specifically approved by the City and development of the public park site. PLANNING COMMISSION RESOLUTION NO. 592 Page -3- SPECIAL CONDITIONS 1. The maximum number of dwelling units shall be limited to 282. 2. Eachphase of construction shall conform to all requirements of Chapter 25.24 of the Palm Desert Municipal Code, unless an exception is pro- vided by the Planning Commission. 3. All buildings shall conform to a unifying architectural theme. 4. Future 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 improvement width within a 63 ft half -street right-of-way width. b. The full frontage of 44th 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 55 ft. half -street right-of-way width with a 32 ft wide pavement width from back of curb. 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. improve- ment width. e. The proposed entrance streets from Magnesia Falls Drive and San Pablo Avenue, whether public or private, shall be developed on the basis of minimum of two fully improved, 20 ft wide travel areas separated by a 16 ft. wide center median including appro- priate 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 responsibility shall be lim- ited to the installation of curb, gutter, center median, and tie- in pavement. g. All street improvements shall include full-length cross gutters at all street intersections for the full width without regard to the applicant's responsibility for street dedications. 5. Except for approved driveway and pedestrian openings and street inter- section cutouts, a continous, decorative 6 ft. high block wall, or the 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 proposed drainage channel to the civic center site, (solid masonary wall). b. Along the east boundary of the civic center and public park site (solid masonary wall). c. On the ultimate property line on San 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 (solid Masonary wall). Special consideration is 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. PLANNING COMMISSION RESOLUTION NO. 592 Page -4- Special Conditions (continued) 6. 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. The drainage way dedication and improvement to carry storm water shall occur in the first phase of project development. Maintenance of the drainage way shall be provided by the Homeowner Association, or by an alternative acceptable to the City Council in their subsequent review of tract map approval or time extensions. 7. 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. 8. Private street entrance to 44th Avenue shall provide for the stacking of eight vehicles, the design of which is subject to the approval of the Director of Public Works. 9. All garage doors shall be equipped with automatic openers. 10. Study sun exposure for future units in TT 14003. LANDSCAPE CONDITIONS: 1. Replace all Ficus Nidia with Fraxinus Majestic Beauty. 2. Increase size of Washingtonia Robusta by one to two ft. 3. Increase size of Olive trees to 36' box size, or field grown, or acceptable alternative approved by the Design Review Board. 4. Blend 15 gal. size Eucalyptus trees in with 5 gal, or acceptable alternative approved by the Design Review Board. 5. Fill in all blank walls not shown with vines or shrubs with plant material. 6. Replace Bougainvillea with a hardier plant material. 7. Precise landscape and improvement design of the drainage way shall be the subject of a subsequent approval by the City Director of Environmental Services and Director of Public Works. This approval shall specify landscaping and sidewalk improvements to be provided and/or allowed to occur in the channel. DESIGN REVIEW CONDITIONS: 1. Revise guest/pedestrian access to units where possible to avoid access being directed through the parking/garage areas. 2. Provide energy conservation techniques for south/west exposures by use of double window glazing, increased insulation, etc. 3. Do not locate more than one air conditioning compressor in the same general yard vicinity. 4. Redesign wall along 44th Avenue to provide a solid decorative masonry wall, at a minimum height of 6 ft. 5. All elements of the proposal for which final detail drawings have not been submitted and approved, shall be provided to the Design Review Board for their approval. PLANNING COMMISSION RESOLUTION NO. 592 Page -5- EXCEPTIONS: 1. The Commission does hereby authorize an exception to the requirements of Municipal Code Section 25.24.260, requiring a 20 ft. separation between buildings, in accordance with the features of the detailed site plan for Case No. 207 MF, on file in the office of the Department of Environmental Services. 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 occupancy on the use permitted until this signed conformation has been received by the Department of Envir- onmental Services. (Date) (Applicant's Signature)