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HomeMy WebLinkAboutRes No 648PLANNING COMMISSION RESOLUTION NO. 648 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A CHANGE OF ZONE FROM PR-7, S.P. TO R-2 (6), S.F., AND APPROVING A CONDITIONAL USE PERMIT AND RELATED DESIGN REVIEW CASE TO ALLOW THE CONSTRUCTION OF 128 SINGLE-FAMILY UNITS AND ASSOCIATED RECREATIONAL AMENITIES ON 18.72 ACRES LOCATED AT THE NORTHEAST INTERSECTION OF 44TH AVENUE AND THE PALM VALLEY STORM CHANNEL. CASE NOS. C/Z 02-80, CUP 12-80, and 219 MF WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 30th day of September, 1980, hold a duly noticed Public Hearing and continued Public Hearing on the 15th day of October, 1980, to consider a request by WATT INDUSTRIES for approval of a Change of Zone from PR-7, S.P. (Planned Residential, 7 d.u./acre maximum density, Scenic Preservation) to R-2 (6), S.P. (Single Family Residential, 6000 sq.ft./d.u. maximum density), a Conditional Use Permit and related Design Review Case to allow the construction of 128 single family zero lot line dwelling units and associated recreational amenities on 18.72 acres located at the northeast intersection of 44th Avenue and the Palm Valley Storm Channel, more parti- cularly described as: APN 621-320-009 and 621-320-010 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has deter- mined that the project will not have a significant adverse impact on the environment and a Negative Declaration has been prepared. Said Negative Declaration is hereby approved by the Commission. 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: 1. Change of Zone: a. The land use resulting from the Change of Zone would be compatible with adjacent existing and proposed land uses. b. The density resulting from the 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. 2. Conditional Use Permit: a. The proposed location of the conditional use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety, or general welfare, or be materially injurious to the pro- perties or improvements in the vicinity. b. The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. c. The proposed conditional use complies with the goals, objectives, and policies of the City's adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of PLANNING COMMISSION RESOLUTION NO. 648 Page Two 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 recommend approval to the City Council of a Change of Zone Case No. C/Z 02-80; and, does hereby approve Conditional Use Permit Case No. CUP 12-80, and related design review Case No. 219 MF, subject to those conditions attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of October, 1980, by the following vote, to wit: AYES: BERKEY, RICHARDS, MCLACHLAN, MILLER NOES: NONE ABSENT: KRYDER ABSTAIN: NONE CHARLES MILLE'R, Chairman ATTEST: GJu\. S AN SAWA, AC ing Secretary /1r PLANNING COMMISSION RESOLUTION NO. 648 Page Three CONDITIONS OF APPROVAL Case Nos. CUP 02-80 and 219 MF Standard Conditions: 1. The development of the property shall conform substantially with Exhibit A through E (Case Nos. CUP 02-80 and 219 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. 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. 5. 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. 6. 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. 7. All requirements of the City Fire Marshal shall be met as part of the development of this project per attached letter dated September 11, 1980. 8. 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. 9. Traffic control provisions shall be provided as required by the Director of Public Works. 10. 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. 11. 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. 12. No development shall occur on the subject property prior to the record- ation of a tract map. PLANNING COMMISSION RESOLUTION NO. 648 Page Four Special Conditions 1. The design and improvement of 44th Avenue public right-of-way shall be as required by the Director of Public Works in accordance with plans developed by Southwest Engineering and accepted by the City. 2. The effective data of this approval shall coincide with the approval by the City Council of a Tentative Tract Map and shall remain in force for one year from that date; or, in the event that a Tentative Tract Map is not approved, CUP 02-80 shall become null, void and of no effect whatsoever. 3. Developer shall mitigate erosion of the stormwater channel banks during periods of unusual rainfall by providing channel landscaping or bank rip -rap and shall relocate any existing district facilities as required by the Coachella Valley Water District and City Public Works Director. 4. Tennis court lighting to be down shining black box type on a maximum 20' high pole. 5. Entry to project on 44th Avenue to be revised to align with proposed plans developed by Southwest Engineering for El Paseo extension, subject to City Public Works Director. 6. Provide additional pool in area north of tennis courts with both pools to use solar heating. 7. 6 foot high block wall as approved by Design Review Board to be provided around entire site. 8. Fencing between lots to be reviewed with final working drawings. 9. Overhangs over glass areas to be a minimum of three feet. 10. Study reduction of water element adjacent to recreation area. 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 confirmation has been received by the Department of Environ- mental Services. (Date) (Applicant's Signature) PLANNING COMMISSION RESOLUTION NO. 648 Page Five DEPARTMENT OF FIRE PROTECTION IN COOPERATION WITH THE CALIFORNIA DIVISION OF FORESTRY DAVID L. FLAKE COUNTY FIRE WARDEN September 11, 1980 Murrel Crump Principal Planner City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 P.O. BOX 248 210 WEST SAN JACINTO STREET PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3183 Reference: Case No. CUP 12-80, C/Z 02-80 Gentlemen: 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 CUP 12-80, C/Z 02-80 is in accordance with the requirements prescribed by the Fire Marshal." PLANNING COMMISSION RESOLUTION NO. 648 Page Six CUP 12-80, C/Z 02-80, cont. 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. Very truly yours, David L. Flake Fire Chief C Eric L. Vogt Fire Marshal ELV:dt CC: Jim Zimmerman Coachella Valley Water District