HomeMy WebLinkAboutRes No 2628PLANNING COMMISSION RESOLUTION NO. 2628
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT APPROVING AN AMENDMENT TO DEVELOPMENT
PLAN 13-316 ADDING SECTION J PAD HEIGHT ELEVATION
SCHEDULE FOR THE 23 REMAINING UNDEVELOPED LOTS WITHIN
THE MOUNTAINS AT BIGHORN
CASE NO: DP 13-316
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 6th day of May 2014, hold a duly noticed public hearing to consider the request by
Bighom Development for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 15th day of October 2013, approved Development Plan 13-316 for the Mountains at
BIGHORN; 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. 2013-16, in the Director of
Community Development has determined that approval of the amendment to
Development Plan 13-316 is considered a Class 5 Categorical Exemption (15305) for
"minor alterations in land use limitations in areas with an average slope of less than 20
percent, which do not result in any changes in land use or density." Since the project
does not result in any changes in land use or density, no further review is necessary for
CEQA; and
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, Sections 25.28.060 of the City's Municipal Code authorizes the
Planning Commission to approve or amend 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
PLANNING COMMISSION RESOLUTION NO. 2628
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, which are outlined in the staff
report reasons to approve the said request:
Findings for Approval:
Chapter 25.72 Decisions by the Planning Commission Section 25.72.040
Development Plan E. Procedure for development plan application, states the
Planning Commission may approve a development plan if it finds the criteria set
forth in this chapter has been satisfied to such conditions as it deems necessary.
1. The proposed Development Plan is in accordance with the Zoning Ordinance;
Section 25.28.060 Planned Community Overlay District Purpose, states: "The
Planned Community Overlay district allows for larger areas for coordinated
land use, and master planning purposes that may include multiple properties.
Approval of a Development Plan as outlined in Section 25.72.040 is required
for approval of a development in the Planned Community Overlay district."
On October 15, 2013, the Planning Commission approved Development Plan
13-316 for the Mountains at BIGHORN. The Development Plan established
uniform development standards. Staff stated at the public hearing, that the
pad height elevations for the remaining twenty-three undeveloped lots would
come back to the Planning Commission for approval. The amendment to add
Section J Pad Height Elevation Schedule will provide the applicant and land
developers assurance for all new construction and grading plans, and
standardization of pad height elevations within the Mountains at BIGHORN.
2. The proposed Development Plan will not be detrimental to the public health,
safety or general welfare, or be materially injurious to properties or
improvements in the vicinity;
The proposed amendment to add Section J to the Development Plan will not
result in any physical changes to the original approvals of the overall project
in terms of the number of residential lots, grading, or any boundary limits that
would create a potential impact to public health, safety or general welfare, or
that will be materially injurious to properties or improvements in the vicinity of
the Mountains at BIGHORN. All development will continue to be required to
meet the building code and other provisions of the municipal code, and to be
constructed in compliance with OSHA regulations and other laws designed to
protect the safety of the public. The amendment to the Development Plan will
establish pad height elevations for the remaining undeveloped lots within the
Mountains at BIGHORN.
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PLANNING COMMISSION RESOLUTION NO. 2628
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 the
amendment to DP 13-316.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 6th day of May 2014, by the
following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, and GREENWOOD
NOES: NONE
ABSENT: STENDELL
ABSTAIN: NONE
ROC3ER DASH, CHAIRPERSON
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2628
Exhibit "A"
Development Plan 13-316
I. The proposed Development Plan is as follows:
A. Plan Area
The area subject to Development Plan (the "Plan Area") is depicted in Exhibit A,
attached hereto, and incorporated by reference.
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.
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PLANNING COMMISSION RESOLUTION NO. 2628
F. Maximum Building Coverage
The maximum building site coverage on any lot shall not exceed 60 percent of
the total lot area.
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 lots 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.
J. Pad Height Elevation Schedule
The pad height elevation schedule establishes pad height elevations for the
remaining 23 undeveloped lots within the Mountains at BIGHORN. The
highlighted lots in the following map indicate the 23 undeveloped lots.
G:1Planning\Monica OReilly\Planning Commission 12014\Resolutions\Res. No. 2628 DP 13-316 Bighorn Dev Plan.docx
PLANNING COMMISSION RESOLUTION NO. 2628
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sultans, Inc.
BIGHORN
THE MOUNTAINS
EXHIBIT "A"
Staff and the applicant created a chart depicting tract number, pad number, City
approved pad elevations, existing pad elevations, and proposed pad elevations.
The following is the proposed pad height schedule.
G:\Planning\Monica OReilly\Planning Commission 12014\Resolutions\Res. No. 2628 DP 13-316 Bighorn Dev Plan.docx
PLANNING COMMISSION RESOLUTION NO. 2628
BIGHORN - THE MOUNTAINS
PAD SCHEDULE
TRACT
NUMBER
PAD NUMBER
CITY APPROVED PAD
ELEV (NGVD29)
EXISTING PAD ELEV
(NGVD29)
PROPOSED PAD ELEV
(NGVD29)*
33996
D
865.0
865.0
864.0
27520-3
13
995.0
982.5
980.0-989.0
16
995.0
993.5
993.5
27520 4
1
1078.5
1078.5
1078.5
4
1063.0
1060.5
1061.0
11
1106.0
1094.0
1093.0-1099.0
13
1130.0
1133.0
1133.0
27520-5
2
1095.0
1095.0
1095.0
3
1128.0
1127.5
1127.5
5
1140.0
1140.0
1140.0
6
1160.0
1162.0
1162.0
10
1036.0
1036.0
1036.0
26068
6
937.0
938.0
938.0
8
947.0
945.0
945.0
27/28
1010.0
1012.0
1011.5
27301
4
1086.0
1084.0
1084.5
25161
2
924.6
925.0
925.0
7
929.5
929.5
929.0
15
956.0
956.5
956.0
22
956.0
957.5
957.0
26018
12
833.0
834.0
834.0
39
840.0
840.0
840.0
27709-1
36
943.0
944.0
944.0
The benchmark used for the elevation data hereon is City
of Palm Desert Benchmark 127, per the City of Palm
Desert Geodetic Control Network information, dated
January 2006. NAVD29 Elev = 896.090
* All pad elevations are subject to the owner's ability to
raise or lower the proposed elevation by one foot
without the need for discretionary approval from the
City. Exception: Lot 13 of TM 27520-3 and Lot 11 of
27520-4 due to extenuating circumstances.
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:\Planning\Monica OReilly\Planning Commission12014\Resolutions\Res. No. 2628 DP 13-316 Bighorn Dev Plan.docx
PLANNING COMMISSION RESOLUTION NO. 2628
Exhibit "B"
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- onsuitants Inc.
ISOM uacer/N+ar
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woos Ita.a i
BIGHORN
THE MOUNTAINS
EXHIBIT "B"
G:\Planning\Monica OReilly\Planning Commission \2014\Resolutions\Res. No. 2628 DP 13-316 Bighorn Dev Plan.docx