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HomeMy WebLinkAboutRes No 2613PLANNING RESOLUTION NO. 2613 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT RECOMMENDING APPROVAL OF A DEVELOPMENT PLAN FOR THE MOUNTAINS AT BIGHORN PROJECT LOCATED WITHIN THE P.C.D. PLANNED COMMUNITY DEVELOPMENT ZONE CASE NO. DP 13-316 WHEREAS, the Mountains at BIGHORN Project is located within the City's existing Planned Community Development Zone; and WHEREAS, the Mountains at BIGHORN Project has been developed over an approximately 23-year period as a planned master community comprised predominately of individually designed custom homes; and WHEREAS, many of the subdivided lots in the Mountains at BIGHORN Project are irregular in shape, are located on sloping lots, abut curving streets, or contain other limitations that make a literal application of rigid development standards impractical; and WHEREAS, the individual structures constructed at the Mountains at BIGHORN Project have been developed in an effort to achieve neighborhood harmony and consistency while preserving significant views and other community aesthetics; and WHEREAS, the City has reviewed and approved various site plans for the Mountains at BIGHORN Project pursuant to which individual structures have been constructed; and WHEREAS, Sections 25.28.060 of the City's Municipal Code authorizes the Planning Commission to approve a Development Plan for properties located within the City's P.C.D Planned Community Development Zone to establish standards for development within the area covered by such Development Plan; and WHEREAS, BIGHORN has requested that the City consider the adoption of a Development Plan for the Mountains at BIGHORN Project, and the City has determined that it is in the best interests of the City, as well as the residents of the BIGHORN Project for the City to adopt a Development Plan for the Mountains at BIGHORN Project in order to clarify and confirm the development standards for development within such area shall be governed by the Development Plan approved by the City; and WHEREAS, in order to avoid any potential confusion that may exist regarding approval of structures in the area subject to this Development Plan, the City desires to confirm that individual structures approved for development in the Mountains at BIGHORN Project pursuant to and in conformance with an approved site plan and a City -issued building permit are and have been consistent with the spirit and intent of the City's Municipal Code. PLANNING RESOLUTION NO. 2613 I. The proposed Development Plan is as follows: A. Plan Area The area subject to Development Plan (the "Plan Area") is depicted in 1 Exhibit A, attached hereto, and incorporated by reference. 4 B. Incorporation of Sections 25.28.060 and 25.72.040 Except as otherwise modified by this Development Plan or a subsequent action of the City's Planning Director, as set forth below, the Development Standards set forth in Sections 25.28.060 and 25.72.040 of the City's Zoning Code shall be and are hereby incorporated by reference into this Development Plan. C. Minimum Yards The following minimum yard development standards shall apply to habitable structures (primary residence, including garage or guest residence) located within the Plan Area: Minimum Front Yards — 14 Feet Minimum Rear Yards — 10 Feet Minimum Side Yards — 5 Feet Non -habitable and other accessory structures, including without limitations, walls, decks, pools, spas, outdoor cooking areas, mechanical equipment, landscaping features, pergolas, and similar structures may be constructed within the minimum yards required under this Section. D. Minimum Separation Between Buildings The minimum separation between buildings, including two-story elements of single-family detached homes, shall be at least 10 feet. E. Maximum Building Heights The maximum building height shall be 20 feet. Notwithstanding the foregoing, the provisions of Section 25.40.040 shall apply to structures within the area of this Development Plan. F. Maximum Building Coverage The maximum building site coverage on any lot shall not exceed 60 percent of the total lot area. GAPlamninc\Monica OReilly\Plan ning Commission\2013\Resolutions\Res. No. 2613 Development Plan - Bixhom.docx PLANNING RESOLUTION NO. 2613 G. Modifications of Standards in Site Plan The Planning Director, or its designee, may, in conjunction with approval of a Site Plan for structures on an individual lot, modify the standards set forth in this Development Plan as an adjustment consistent with the standards set forth in Section 25.64.030 of the Municipal Code. Decisions of the Planning Director may be appealed to the Planning Commission in accordance with Chapter 25.60 of the Municipal Code. H. Effect of Development Plan In accordance with Sections 25.28.060 and 25.72.040 of the Municipal Code, the development standards contained in this Development Plan shall govern and control all development within the plan area. In the event that different or conflicting development standards are stated in any tentative or final subdivision map for the plan area or in any other provision of law, the provisions of this Development Plan shall supersede such standards and control. All development within the plan area shall comply with this Development Plan. I. Golf Club and Other Amenity Uses A number of lots have been developed previously with golf course facilities or other amenity uses, which are depicted on Exhibit B of the attached resolution. In addition, two currently undeveloped Tots may be developed in the future with either residential or additional amenity uses, which such lots are depicted on Exhibit B as "Flex Lots." Any development on Flex Lots of either residential or amenity uses shall comply with the development standards of this Development Plan. II. Retroactive Application: Any structure for which a grading or building permit has been issued within the area of this Development Plan prior to the effective date of the resolution approving this Development Plan shall be treated as though the resolution approving this Development Plan had been in effect prior to the issuance of such building or grading permit and shall be deemed to be consistent and in conformance with this Development Plan. G:\Pluming\Monica OReilly\Plammy Comm,ssion\2013\Res lutionsNRes. No. 2613 Development Plan - BichomAoex PLANNING RESOLUTION NO. 2613 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 DP 13- 316, 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 15th day of October 2013, by the following vote, to wit: AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL NOES: NONE ABSENT: NONE ABSTAIN: NONE LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION GAPlannina\Monica OReillvWPlaoninn Commlssion12013\ResolutionskRes. No.2613 Development Plan - Binhan.docz PLANNING RESOLUTION NO. 2613 Exhibit "B" - GO.f WOW!AYE%-", El OPEN SPACE C` -',,EVELOPED RESSEMIK:Mg [ MUM h.n> .•Fee Us NOW BIGHORN THE MOUNTAINS EXHIBIT "B" PLANNING RESOLUTION NO. 2613 Exhibit "A" - Konsuftants, Inc. R w,. IN Pt w 1 BIGHORN THE MOUNTAINS EXHIBIT "A"