HomeMy WebLinkAboutRes No 2601PLANNING COMMISSION RESOLUTION NO. 2601
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN TO
APPROVE AN EXISTING PAD ELEVATION THAT WAS INCREASED BY
FOUR FEET IN HEIGHT AT 112 TEKIS PLACE, WITHIN THE
MOUNTAINS AT BIGHORN.
CASE NO: PP 13-61
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 16th day of April 2013, hold a duly noticed public hearing to consider the request by
Kristi Hanson Architects for approval of the above noted; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the
City must determine whether a proposed activity is a project subject to CEQA. If the
project is subject to CEQA, staff must conduct a preliminary assessment of the project
to determine whether the project is exempt from CEQA review. If a project is not
exempt, further environmental review is necessary. Further review from a non-exempt
project would result in a Negative Declaration, a Mitigated Negative Declaration or an
Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project
may have a significant impact on the environment. The said application has complied
with the requirements of the "City of Palm Desert Procedure for Implementation of the
California Environmental Quality Act," Resolution No. 2012-20, in the Director of
Community Development has determined that the proposed project is a Class 32: In -Fill
Development Projects (15332) Categorical Exemption for purposes of CEQA and no
further review is necessary; 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 approve the said
request:
Findings for Approval:
A. In the approval or rejection of a precise plan of design, consideration shall be
given and restrictions shall be imposed to the extent necessary, in view of the
size and shape of the parcel and the present and proposed zoning and use of
the subject property and the surrounding property, to permit the same degree
of enjoyment of the subject property, but subject to the same degree of
protection of adjoining properties, as would be accorded in normal
circumstances by the standard restrictions imposed by this chapter. The
standard restrictions imposed in the various zones by this chapter relating to
the subjects mentioned in Section 27.73.011 are intended as minimum
restrictions necessary in normal circumstances to prevent substantial
depreciation of property values in the vicinity, unreasonable interference with
the use and enjoyment of property in the vicinity by the occupants thereof for
PLANNING COMMISSION RESOLUTION NO. 2601
lawful purposes and the protection of the public peace, health, safety and
general welfare. "Normal circumstances" are intended to refer to the case of a
permitted case upon a lot of a normal size and shape surrounded by property
in the same zone as the lot in question.
Numerous pads within the Mountains at Bighorn vary in elevation. The
proposed pad is 40 feet higher than the adjacent pad to the west. The pad to
the north is 29 feet higher than the proposed pad. This is very typical
throughout Bighorn development. The increased pad elevation by one to four
feet in height does not change the size or shape of the parcel. This is not an
unusual request to increase a pad elevation within Bighorn. The adjacent
properties along with the subject property would be permitted to adjust their
pad elevations, enjoying their properties to the same degree and would protect
the public peace, health, safety, and general welfare.
B. If the proposed precise plan of design would substantially depreciate property
values in the vicinity or would unreasonably interfere with the use or
enjoyment of property in the vicinity by the occupants thereof for lawful
purposes or would endanger the public peace, health, safety or general
welfare, such plan shall be rejected or shall be so modified or conditioned
before adoption as to remove said objections.
On December 18, 1990, the Planning Commission approved Tentative Tract
Map 26068 allowing 35 single-family homes. The proposed precise plan to
approve an existing increased pad elevation by one to four feet would not
depreciate property values in the vicinity, interfere with the use or enjoyment
of the surrounding properties, or endanger the public peace, health, safety or
general welfare. Many lots within the development vary in pad elevations, and
this lot is no different. The applicant plans to construct a single-family home
similar to all other 35 lots within Tentative Tract 26068.
C. In addition to the foregoing grounds of rejection, the Planning Commission
and City Council, as the case may be, may also consider and take into
account the exterior architectural design, general exterior appearances,
landscape, color, texture of surface materials and exterior construction,
shape and bulk and other physical characteristics including location and type
of public utility facilities, and if it is found that the proposed precise plan of
design, including the considerations enumerated in this chapter, would
interfere with the orderly development in the vicinity of the precise plan area,
or with the existing or proposed use thereof, such precise plan of design shall
be rejected or shall be so modified or conditioned before approval as to
remove the objections.
The architectural and landscaping design is not part of this request. The
future home would be approximately 8,907 square feet on a 32,892 square
foot parcel. The main living area will be located on the higher side of the
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PLANNING COMMISSION RESOLUTION NO. 2601
existing pad, and the two-story garage will be on the lower side of the pad.
The building would maintain an overall height of 18 feet. The architecture and
landscape design would have to be approved by Bighorn's Homeowners'
Association and City staff. The architectural design would have to meet the
development standards within Resolution No. 1486.
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 Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of Precise
Plan 13-61, subject to conditions.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 16th day of April 2013, by
the following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, AND GREENWOOD
NOES: NONE
ABSENT: NONE
ABSTAIN: STENDELL
� ayn
NANCY DEk'JNA, CHAIR ERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2601
CONDITIONS OF APPROVAL
CASE NO: CUP 13-61
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development/Planning, as modified by the following
conditions.
2. 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.
3. 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
Building & Safety Department
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented to
the Department of Building & Safety at the time of issuance of a building permit for
the use contemplated herewith.
4. All conditions of approval shall be recorded with the Riverside County Clerk's office
before any building permits are issued. Evidence of recordation shall be submitted
to the Department of Community Development/Planning.
5. Applicant shall defend, indemnify and hold harmless the city against any third party
legal challenge to these approvals, with counsel chosen by the city at applicant's
expense.
6. Any proposed change of this Precise Plan will require an amendment, which will
result in a new public hearing.
DEPARTMENT OF PUBLIC WORKS:
7. The applicant shall submit a grading plan to the Department of Public Works for
review and approval. Any changes to the approved civil or landscape plans must be
reviewed for approval prior to work commencing.
8. The applicant shall submit a soils report concurrently with the submittal of the
precise grading plan.
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PLANNING COMMISSION RESOLUTION NO. 2601
9. The grading plan shall identify all proposed and existing utilities.
10. Storm drain/retention 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.
11. Submit a PM10 application for approval. The applicant shall comply with all
provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust
Control.
12.The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
13. The applicant shall submit a landscape plan concurrently with the precise grading
plan for review and approval. Applicants are advised to use the City of Palm Desert
Design Guide when designing plans. Landscape plans must meet the following
criteria:
a. Must be water efficient in design and meet the City of Palm Desert's Water
Efficient Landscape Ordinance.
b. Planting plans must show location of proposed and existing utilities,
c. Must match approved civil plans.
d. All specs and details must be site specific.
e. Applicants must have CVWD approval of their irrigation plans prior to City
approval.
f. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
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