HomeMy WebLinkAboutRes No 0964PLANNING COMMISSION RESOLUTION NO. 964
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING TO CITY COUNCIL APPROVAL OF A
CHANGE OF ZONE, PRECISE PLAN OF DESIGN,
DEVELOPMENT AGREEMENT, AND A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT TO
ALLOW CONSTRUCTION OF 293 UNITS AT THE
NORTHEAST CORNER OF COOK STREET AND FRED
WARING DRIVE.
Case Nos. C/Z 84-7, PP 84-17, and DA-6
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of June, 1984, hold a duly noticed public hearing to consider a request by
INDIAN WELLS/PALM DESERT PARTNERSHIP for the above mentioned project.
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 determined that
the project will not have a negative impact on the environment and a Negative
Declaration has been prepared.
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 exist to justify their actions, as described below:
1. The land use and density resulting from the change of zone will be
compatible with adjacent proposed areas.
2. The design of the proposed use complies with the requirements of the
zoning ordinance, will be compatible with surrounding uses and will
not depreciate property values in the vicinity.
3. The change of zone and precise plan are consistent with the policies
of the adopted Palm Desert General Plan and complies with standards
for development outlined in the housing element.
4. The proposed development agreement insures compliance with all
aspects of the change of zone and precise plan.
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 these cases;
2. That the planning commission does hereby recommend to the city
council approval of a change of zone from PR-5 to PR-7 as shown on
Exhibit "A", Precise Plan Exhibits "B" and Development Agreement 6
Exhibit "C."
3. A Negative Declaration of Environmental Impact is hereby
recommended to city council for approval subject to attached
conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 19th day of June, 1984, by the following vote, to wit:
AYES: DOWNS, ERWOOD, RICHARDS, WOOD, CRITES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE !
BUFORD'CRITES, Chairman
ATTEST:
AMON A DIAZ, SECRETAJ Y
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PLANNING COMMISSION RESOLUTION NO. 964
Conditions of Approval
C/Z 84-7 and PP 84-17
Department of Environmental Services:
1. This approval is contingent upon final adoption of the proposed Housing Element to
the Palm Desert General Plan, GPA 84-01 and execution of a development
agreement.
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 and
building permits.
3. The development of the property shall conform with all approved exhibits on file
with the department of environmental services and to all municipal, state and
federal statutes now in force or which here after may be in force.
4. Construction of a portion of said project shall commence within one year from the
date of final approval unless a time extension is granted, otherwise said approval
shall become null, void and of no effect whatsoever.
5. 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 Architectural Commission
City Fire Marshal
Coachella Valley Water District
6. Provisions for mail service shall be coordinated with the Palm Desert Branch U.S.
Postal Service.
7. Location and design of trash enclosures shall be coordinated with Palm Desert
Disposal Co.
8. Densely landscaped berm of at least four feet in height shall be provided along
Whitewater Channel.
9. Interior roadways shall maintain a minimum width of 28 feet with no parking and
32 feet for parking on one side.
10. Prior to issuance of building permits, developer may have to pay $628 per d.u. for
school impact fees.
11. Six foot wall required along south, east, and west property line.
12. All single family residences shall have a two -car garage with minimum 20 foot
driveway.
13. There shall be a ten foot separation between single family residences with
minimum setbacks as follows: front 15 feet, rear 15 feet, and side 5 feet.
14. Maximum height for single family residences is 18 feet and one story, maximum lot
coverage is 40% and minimum d.u. size is 1,000 sq.ft.
15. 20 foot strip surrounding CVWD pump station to be dedicated to CVWD.
16. Location of access road onto Fred Waring Drive to be between 600 and 650 feet
from centerline of Cook Street.
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PLANNING COMMISSION RESOLUTION NO. 964
17. Tennis Courts are to be set back 10 feet from property line and sunken four feet.
Fire Marshal:
18. Install a water system capable of delivering 2500 GPM fire flow from any fire
hydrant for a 2 hour duration in addition to domestic 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. Fire flow
requirements will depend on built-in fire protection provisions of buildings.
19. Install Riverside County super fire hydrants located at each intersection:
a. but not greater than 500 feet apart in any direction.
b. so that no point of any building is more than 250 feet from a fire hydrant
measured along approved vehicular travel ways.
c. exterior surface of hydrant barrels and heads shall be painted chrome
yellow, and the tops and nozzle caps shal be painted green.
d. curbs shall be painted red 15 feet in either direction from each hydrant.
e. hydrants shall not be located closer than 25 feet to any building.
20. Prior to recordation of the final map, the developer shall furnish the original and
three copies of the water system plan to the fire marshal for review.
21. Prior to issuance of a building permit, the developer shall furnish the original and 2
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.
22. 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 PP 84-17, C/Z 84-7 is in accordance with the requirements
prescribed by the fire marshal."
23. Prior to delivery of combustible materials to the building site, the required water
system shall be installed, operating, and delivering the required flow.
24. Additional fire protection requirements may be necessary when the applicant
submits specific plans for consideration and approval.
25. Fire lanes are required.
Department of Public Works:
26. Drainage and signalization fund fees, as required by city ordinance, shall be paid
prior to recordation of the final map.
27. Drainage facilities shall be provided, per Ordinance No. 218 and the master
drainage plan, to the specifications of the director of public works.
28. Additional storm drain construction shall be contingent upon a drainage study by
the private engineer.
29. Full public improvements, including traffic study lighting, as required by ordinance
and the director of public works, shall be installed in accordance with city
standards.
30. Improvement plans for water and sewer systems shall be approved by the
respective service districts.
31. Complete improvement plans and specifications shall be submitted, as required by
ordinance, to the city engineer for checking and approval before construction of
any improvements is commenced. The subdivider shall submit "as -built" plans prior
to acceptance of the subdivision improvements by the city.
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PLANNING COMMISSION RESOLUTION NO. 964
32. All private streets shall be inspected by the engineering department and a standard
inspection fee shall be paid.
33. Landscaping maintenance on Cook/Fred Waring shall be provided by the owner.
34. Existing utilities on Cook/Fred Waring shall be undergrounded.
35. Traffic safety striping on Cook/Fred Waring shall be provided to the specifications
of the director of public works. A traffic control plan must be submitted to and
approved by the director of public works before placing pavement markings.
36. Complete grading plans and specifications shall be submitted, as required by
ordinance, to the city engineer for checking and approval prior to issuance of any
permits.
37. Dedication of 11 feet of right-of-way on Cook/Fred Waring shall be done prior to
issuance of any permits and approval of plans.
38. Installation of curb and gutter at 43 feet from centerline, matching paving and 8
foot meandering sidewalk on Cook/Fred Waring.
39. Waiver of access to Cook Street except at approved locations shall be granted prior
to permit issuance.
40. Offsite improvement plans to be approved by public works department and a surety
posted to guarantee the required offsite improvements prior to building permits
being issued.
41. Full improvement of interior streets based on residential street standards.
42. Installation of one-half landscaped median in Cook/Fred Waring or cash payment
for one-half the cost of landscaped median at the option of the director of public
works.
43. Traffic analysis to be prepared for the project. If traffic signals are warranted,
the developer shall install them.
44. Size, number and location of driveways to public works specifications.
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PLANNING COMMISSION RESOLUTION NO. 964
EXHIBIT "C"
INDIAN WELLS, PALM DESERT PARTNERSHIP
DEVELOPMENT AGREEMENT
This agreement, made as of this day of , 1984, between the City
of Palm Desert, a California municipal corporation (hereinafter "CITY") and Indian Wells,
Palm Desert Partnership, (hereinafter "DEVELOPER") provides:
Recitals
1. DEVELOPER is owner of certain real property located within the City of Palm
Desert, California, which property is described in Exhibit 1, attached hereto and
made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and
been granted a change of zone (C/Z 84-7) of PROPERTY to PR-7 and approval of a
precise plan (PP 84-17) to construct 293 residential units on the property.
2. As a condition of approval, CITY has required that the development of PROPERTY
be consistent with Precise Plan 84-17 (hereinafter "PROJECT").
3. DEVELOPER and CITY desire to further memorialize and implement the conditions
of said approval and do hereby agree to the following terms and conditions:
Agreement
1. DEVELOPER has been conditionally granted permission by the CITY to construct
293 residential units on 42 acres on the PROPERTY by Change of Zone 84-7,
Ordinance No. , Precise Plan and Planning Commission Resolution No. 964.
As a condition of said approval DEVELOPER is required, and hereby agrees to
construct PROJECT in substantial compliance with plan on file in the Department
of Environmental Services.
2. DEVELOPER is required and hereby agrees to record tract map (hereinafter
referred to as MAP) encompassing entire PROPERTY prior to issuance of building
permits.
3. MAP shall be in substantial compliance with PROJECT and shall delineate all lots
with a reference to number of dwelling units on each lots with any proposed
phasing.
4. The term of this AGREEMENT shall run with PROPERTY and shall be attached to
title of PROPERTY.
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PLANNING COMMISSION RESOLUTION NO. 964
5. The provisions of this AGREEMENT shall run with, burden and bind the
DEVELOPER and his successors. The provisions hereof shall be enforceable by
appropriate legal action brought by the CITY. In the event legal action is brought
to enforce any provision hereof, the prevailing party shall be entitled to reasonable
attorney's fees together with other legally allowable costs.
6. The AGREEMENT and PROJECT may be reviewed by the City Planning
Commission for modifications or termination with final review by the City Council.
Minor modifications to PROJECT may be reviewed by staff. Substantial
modifications shall return through the public hearing process and the zoning shall
revert to PR-5. Substantial modifications shall include changes in zoning
requirements, i.e., periphery setbacks, building heights, density changes, reduction
of off-street parking requirements, and public improvements.
7. The resulting change of 'zone shall not apply to affordable housing programs. If
affordable housing density bonuses are desired, the zoning shall revert to PR-5.
8. The AGREEMENT shall be construed according to the laws of the State of
California. If any portion of the AGREEMENT is for any reason held to be
unenforceable, such determination shall not affect the validity of the remaining
portions.
9. Each of the parties hereto covenants and agrees that it has the legal capacity to
make the AGREEMENTS herein contained, that each AGREEMENT is binding upon
that party and that this AGREEMENT is executed by a duly authorized official
acting in his official capacity.
IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and
date first above written.
INDIAN WELLS/PALM DESERT PARTNERSHIP THE CITY OF PALM DESERT
(Notarized)
ATTEST:
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