HomeMy WebLinkAboutRes No 2293PLANNING COMMISSION RESOLUTION NO. 2293
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL
APPROVAL A GENERAL PLAN AMENDMENT FROM OPEN SPACE
PUBLIC RESERVE TO HILLSIDE RESERVE, A PREZONE
DESIGNATION OF HILLSIDE PLANNED RESIDENTIAL, WITH A
DRAINAGE, FLOOD PLAINS & WATERCOURSE OVERLAY ZONE
FOR THE NORTHEAST CORNER OF SECTION 5 T6S R6E, A
HILLSIDE DEVELOPMENT PLAN/PRECISE PLAN TO ALLOW THE
CONSTRUCTION OF A 32,016 SQUARE FOOT SINGLE-FAMILY
HOME, AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION
AS IT RELATES TO THE PROJECT THERETO.
CASE NOS. GPA 04-02, C/Z 04-04, AND HDP/PP 04-21
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 21' day of September 2004, hold a duly noticed public hearing to consider the
request by HAGADONE FAMILY TRUST for approval of the above noted; and
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. 02-60, in that the Director of Community Development has determined
that the project will not have a negative impact on the environment and staff has
prepared a Mitigated Negative Declaration of Environmental Impact; and
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 and reasons to exist to justify recommending to
City Council approval of said request:
1. That the proposed location of the single-family home is in accord with the
objectives of the zoning ordinance and purpose of the Hillside Planned
Residential District.
2. That the proposed HPR,D land use designation and prezoning is consistent
with the applicant's proposed use of the property and is consistent with the
standards of the Hillside Planned Residential District's goals of preserving
the hillside area to the greatest extent possible.
3. That the project's site design, architecture, color, materials, and
landscaping effectively achieve the HPR's goals of blending development
with the natural terrain.
PLANNING COMMISSION RESOLUTION NO. 2293
4. That the proposed use will comply with each provision of the City's Zoning
Ordinance except any approved variances or adjustments provided in the
hillside development plan/precise plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
1. That the Planning Commission does hereby recommend to the City Council
approval of General Plan Amendment 04-02 (Exhibit "A"), a Prezone C/Z
04-04 (Exhibit "B"), HDP/PP 04-21 and adoption of a Mitigated Negative
Declaration (Exhibit C) as it relates to the project thereto.
2. That the above recitations are true and correct and constitute the findings of
the Commission in this case.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 21 st day of September, 2004, by the following vote,
to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
,,ac
STEPHEN R. SMITH, Acting Se&Yetary
Palm Desert Planning Commission
SABBY\JONATHAN, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2293
CONDITIONS OF APPROVAL
CASE NOS. GPA 04-02, C/Z 04-04, AND HDP/PP 04-21
UN,— Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community Development, as modified by the following
conditions.
2. Construction of said project shall commence within one (1) year from the date of
final approval unless an extension of time is granted, otherwise said approval
shall become null, void and of no effect whatsoever.
3. Applicant shall record a conservation easement to the satisfaction of the Director
of Community Development/Planning and City Attorney for the undisturbed 4.13
acres of the 4.84-acre site that is being annexed into the City.
4. 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:
Coachella Valley Water District
Palm Desert Architectural Commission
City Fire Marshal
Public Works Department
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.
5. The applicant shall re -naturalize any and all disturbed hillside area of the project
with native landscaping and materials to blend the project into the natural terrain.
6. Applicant agrees to maintain the landscaping required to be installed pursuant to
these conditions. Applicant will enter into an agreement to maintain said
landscaping for the life of the project, which agreement shall be notarized and
which agreement shall be recorded. It is the specific intent of the parties that this
condition and agreement run with the land and bind successors and assigns. The
final landscape plan shall include a Tong -term maintenance program specifying
among other matters appropriate watering times, fertilization and pruning for
various times of the year for the specific materials to be planted, as well as periodic
replacement of materials. All to be consistent with the Property Maintenance
Ordinance (Ordinance No. 801) and the approved landscape plan.
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PLANNING COMMISSION RESOLUTION NO. 2293
Department of Public Works:
1. In accordance with Palm desert Municipal Code Chapter 27, complete grading
plans and specifications shall be submitted to the Director of Public Works for
checking and approval prior to the issuance of any permits associated with this
project.
2 Proposed building pad elevations are subject to review and modification in
accordance with Chapter 27 of the Palm Desert Municipal Code. Site grading
design shall include consideration of existing topography.
3. Any storm/detention area design and construction shall be contingent upon a
drainage study prepared by a registered civil engineer that is reviewed and
approved by the Department of Public works.
4. In accordance with Palm Desert Municipal Code Chapter 27, complete grading
plans and specifications shall be submitted to the Director of Public Works for
checking and approval prior to the issuance of any permits associated with this
project.
5. In accordance with Palm Desert Municipal Code Section. 25.15, all
manufactured slopes shall be planted or otherwise protected from the effects of
storm water runoff and erosion with thirty days of completion of grading.
6. Access drive grades shall be subject to the approval of the Fire Marshal. Access
drive and pad/parking area shall be paved or sealed to conform to PM 10
regulations.
7 Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust Control as well as Section 24.20, Stormwater Management
and Discharge Control. Developer shall contact the Riverside County Flood
Control District for informational materials.
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Case No. GPA 04-02
GENERAL PLAN AMENDMENT
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PLANNING COMMISSION
RESOLUTION NO. 2293
Date: September 21, 2004
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City of Palm Desert
Case No.
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PLANNING COMMISSION
RESOLUTION NO. 2293
Date: September 21, 2004
PLANNING COMMISSION RESOLUTION NO. 2293
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
EXHIBIT C
MITIGATED NEGATIVE DECLARATION
CASE NOS: GPA 04-02, C/Z 04-04, and HDP/PP 04-21
APPLICANT/PROJECT SPONSOR: Hagadone Family Trust
P.O. Box 6200
Coeur D' Alene, ID 83816-1937
PROJECT DESCRIPTION/LOCATION:
The applicant is requesting approval of a general plan amendment, change of zone and
hillside development plan/precise plan to construct a new 32,016 square foot single-
family home located in the foothills of the lower portions of the Santa Rosa Mountains
within the Canyons at Bighorn Country Club. The project involves the expansion of an
existing residential lot to include .71 acres of a 4.84-acre parcel that is outside the City
limits. The remaining 4.13 acres will be dedicated as undisturbed natural open space
conservation easement to the City. The size of the proposed home and disturbed area
significantly exceeds the parameters contained in the HPR zone. However, the project's
site design, architecture, color, materials, and landscaping effectively achieve the
HPR's goals of blending development with the natural terrain.
September 21, 2004
PHEN R. SMITH DATE
PLANNING MANAGER
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