HomeMy WebLinkAboutRes No 2661PLANNING COMMISSION RESOLUTION NO. 2661
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT APPROVING A DEVELOPMENT PLAN FOR THE
MOUNTAINS AT BIGHORN GOLF CLUB AND A PRECISE PLAN AND
TENTATIVE TRACT MAP FOR THE CONSTRUCTION OF A
CLUBHOUSE FACILITY AND FOUR CONDOMINIUM UNITS LOCATED
WITHIN THE BIGHORN GOLF CLUB AT 255 PALOWET DRIVE
CASE NOS. DP/PP 15-273 AND TTM 37023
WHEREAS, on January 12, 1989, the City Council approved the Bella Vista
Master Plan (BIGHORN Golf Club) for a planned community development located on
675 acres and consisting of single-family home lots, a golf course, and associated
amenities;
WHEREAS, numerous entitlement applications have been approved by the
Planning Commission to further subdivide the community into 428 single-family lots, the
development of a 43,000-square-foot clubhouse facility, an 18-hole golf course, and a
24,000-square-foot luxury car garage; and
WHEREAS, the Mountains at BIGHORN Golf Club is located within the City's
Planned Community Development (P.C.D) and Drainage (D) Overlay Districts; and
WHEREAS, Sections 25.28.060 of the City's Municipal Code authorizes the
Planning Commission to approve Development Plans for properties located within the
City's Planned Community Development Overlay District and within an approved Master
Plan to establish standards for development within the area covered by the
Development Plan; and
WHEREAS, on October 15, 2013, and May 6, 2014, the Planning Commission
approved amendments to the Development Plan to establish development standards for
specific uses and pad elevations for all remaining undeveloped lots within the Master
Plan community; and
WHEREAS, this Development Plan attached hereto as "Exhibit A," for the
Mountains at BIGHORN Golf Club shall replace, in its entirety, all previously adopted
Development Plans for the Mountains at BIGHORN Golf Club.
WHEREAS, BIGHORN Golf Club has requested that the City consider adopting
an amendment to the Development Plan for the Mountains at BIGHORN Golf Club to
establish uniform development standards for the clubhouse facility and single-family
home lots, and to permit construction of a new clubhouse facility with four residential
condominiums and other minor site improvements; and
WHEREAS, the Development Plan was prepared in accordance with Section
25.78.040 of the Palm Desert Municipal Code, which requires review of the
PLANNING COMMISSION RESOLUTION NO. 2661
Development Plan and Design Review Applications by the Architectural Review
Commission and a public hearing with the Planning Commission; and
WHEREAS, the Architectural Review Commission did, at their meeting on
November 24, 2015, review the proposed architecture and landscape plans for the
proposed clubhouse facility, and unanimously approved a recommendation to the
Planning Commission for approval of the Precise Plan and Development Plan
applications; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 19th day of January 2016, hold a duly noticed public hearing to consider the
request by BIGHORN Golf Club for approval of the above noted applications; and
WHEREAS, said applications have complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2015-75, the Director of Community Development has determined that
the project will not have a negative impact on the environment and that a mitigated
negative declaration can be adopted; 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 the approval of
said request:
1. The proposed clubhouse facility, Development Plan and Tentative Tract Map
is consistent with the General Plan Low Residential (R-L) land use
designation, the Bella Vista Master Plan, and the Planned Community
Development Overlay zoning designation, and with the existing BIGHORN
Golf Club development.
2. The proposed development is consistent with the goals and intent of the Bella
Vista Master Plan and Development Plan in that the development of the
clubhouse facility offers additional housing types at densities consistent with
the Development Plan and existing Bighorn Golf Club development.
3. The site is physically suitable for this type of development and density as the
site has previously been developed with a clubhouse facility and other
existing site improvements and infrastructure are in place to support the
expanded clubhouse facility.
4. That the proposed Tentative Tract Map will not be detrimental to the public
health, safety or general welfare, or be materially injurious to the surrounding
properties or improvements in the City of Palm Desert.
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PLANNING COMMISSION RESOLUTION NO. 2661
FINDINGS FOR APPROVAL:
1. That the density of the proposed subdivision is consistent with applicable
general and specific plans.
The clubhouse building and the four condominium units located on the
uppermost floor of the building are consistent with densities established in the
Low -Density (R-L) General Plan land use designation, and with the densities
proposed in the "Villages at Bella Vista" master plan and this development
plan. The General Plan land use designation identifies this area for 0-4
dwelling units per acre. Of the entire eight -acre site only four (4)
condominiums are proposed. In addition, the master plan and development
plan support this type of clubhouse development within this portion of the
BIGHORN Golf Club.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The design and improvements of the subdivision and clubhouse building have
been reviewed by the Planning Department, Building and Safety Department,
and Public Works Department for consistency with the General Plan and the
"Villages at Bella Vista" master plan. Drainage patterns are unaffected by the
project and associated improvements. All existing perimeter and internal
project streets are in conformance with the General Plan and the Villages at
Bella Vista master plan.
3. That the site is physically suitable for the type of development.
The 8.2-acre project area was previously developed in the early 1990s for a
golf clubhouse, spa building, parking lot, and recreational amenities. The
demolition of the existing clubhouse and replacement with a new clubhouse
with four condominium units is suitable for the site. Impacts associated with
the new development have been evaluated in the Mitigated Negative
Declaration and all impacts are below a significant impact on the environment
and site.
4. That the site is physically suitable for the proposed density of development.
The project site has been previously developed with a similar clubhouse use.
Existing improvements will remain intact, including the existing spa building,
parking lot, and recreational amenities. The proposed density for four (4)
condominium units on the upper floor of the clubhouse building is consistent
with surrounding residential properties within the BIGHORN Golf Club. The
infrastructure, soils, and terrain serving the development will adequately
support this density and development.
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PLANNING COMMISSION RESOLUTION NO. 2661
5. That the design of the subdivision and the proposed improvements are not
likely to cause substantial environmental damage or substantially and
unavoidably injury to fish or wildlife or their habitat.
For purposes of CEQA, a Mitigated Negative Declaration of Environmental
Impact has been prepared. The design of the project will not cause substantial
environmental damage or injure fish or wildlife or their habitat since the
surrounding area has been developed with similar densities and limited wildlife
is present at the site.
6. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
The design and layout of the clubhouse building and condominium units are
in compliance with all grading requirements and the properties will be
developed in accordance with the Uniform California Building Code. Grade
changes at the site are accommodated by retaining walls and a partially
sunken building design. In addition, pedestrian access is provided to
surrounding roadways and the BIGHORN Golf Club community which
decreases the need for vehicular traffic within the community and surrounding
residences.
7. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision.
The proposed subdivision to establish four condominium units will be
developed within an existing private gated residential community over an area
previously developed with a private clubhouse. The project and the
condominium units will not impact any public easements as part of the
subdivision. In addition, the surrounding City streets are built -out to the
General Plan designated width and will provide access to the project area.
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 approve DP/PP 15-273, and TTM
37023, subject to conditions.
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PLANNING COMMISSION RESOLUTION NO. 2661
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 19th day of January 2016,
by the following vote, to wit:
AYES: CAMPBELL, DE LUNA, GREENWOOD, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Jt N G EN OD, VICE C e =i' RSON
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2661
CONDITIONS OF APPROVAL
CASE NOS. DP/PP 15-273 & TTM 37023
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. The development of the property described herein shall be subject to the restrictions
and limitations set forth herein which are in addition to the approved Development
Agreement, all Palm Desert Municipal ordinances, and state and federal statutes now
in force, or which hereafter may be in force.
3. These applications shall remain valid for two (2) years from the date of Planning
Commission approval. The applicant may file an extension request with the
Community Development Department prior to the expiration of the applications.
4. Prior to issuance of a building permit for construction of any use or structure
contemplated by this approval, the applicant shall first obtain permits and/or
clearance from the following agencies:
Coachella Valley Water District (CVWD)
Public Works Department
Fire 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.
5. In the event that Native American cultural resources are discovered during project
development/construction, all work in the immediate vicinity of the find shall cease
and a qualified archaeologist meeting Secretary of Interior standards shall be hired
to assess the find. Work on the overall project may continue during this assessment
period. If significant Native American cultural resources are discovered that require
a Treatment Plan, the developer or his archaeologist shall contact the Morongo
Band of Mission Indians. If requested by the Tribe, the developer or archaeologist
shall, in good faith, consult on the discovery and its disposition (e.g. avoidance,
preservation, return, or artifacts to tribe, etc.).
6. The project shall be subject to all applicable fees at time of issuance of building
permits.
7. Trash enclosures may be required to meet AB1826 mandatory organic recycling.
Burrtec Waste and Recycling Services must review and sign -off on the plans in
relations to the placement and number of trash/recycling enclosures. Review of the
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PLANNING COMMISSION RESOLUTION NO. 2661
plans by Burrtec will ensure that vehicle circulation for its trucks is adequate to
service the facility and to ensure that a sufficient number of enclosures are provided
to meet the needs of the facility.
8. Lighting plans shall be submitted in accordance with P.D.M.C. Section 24.16 for any
landscape, architectural, street, or other lighting types within the project area.
PUBLIC WORKS DEPARTMENT:
9. The tract map shall be submitted to the City Engineer for review and approval.
10. The final tract map shall record before the condominium plan as the map recording
information shall be referenced on the condominium plan. A sample copy of the
grant deeds relative to the conveyance of the units/lots shall be submitted to the
Public Works Department for review and approval prior to recording the
condominium plan and deeds.
11. For "Condominium Purposes" shall be shown on the final map.
12. The applicant shall submit Covenants, Conditions, & Restrictions (CC&Rs)
concurrently with the final map for review and approval. Once approved by the City,
the CC&Rs shall be recorded with the County Recorder's Office.
13. Horizontal control requirements shall apply to this map, including state plane
coordinates, which shall conform to City of Palm Desert specifications.
Prior to the issuance of grading permits the applicant shall:
14. 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.
15. Identify all proposed and existing utilities on the precise grading plan.
16. Pad elevations, as shown on the tentative map, are subject to review and
modification in accordance with Chapter 27 of the Palm Desert Municipal Code.
17. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
18. Submit a PM10 application to the Department of Public Works for approval. The
applicant shall comply with all provisions of Palm Desert Municipal Code Section
24.12 regarding Fugitive Dust Control.
19. Submit a final Water Quality Management Plan (WQMP) for approval. The WQMP
shall identify the Best Management Practices (BMPs) that will be used on the site to
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PLANNING COMMISSION RESOLUTION NO. 2661
control predictable pollutant runoff. Prior to the issuance of grading permit, the
Operation and Maintenance Section of the approved final WQMP shall be recorded
with County's Recorder Office and a conformed copy shall be provided to the Public
Works Department.
20. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed
with the State Water Resources Control Board. Such evidence shall consist of a copy
of the NOI stamped by the State Water Resources Control Board or the Regional
Water Quality Control Board, or a letter from either agency stating that the NOI has
been filed.
21. Park fees in accordance with Palm Desert Municipal Code Section 26.48.060 shall
be paid prior to the recordation of the tract map.
22. 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 plans prior to City approval.
f. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
DEPARTMENT OF BUILDING AND SAFETY:
23. This project shall comply with the latest adopted edition of the following codes:
a. 2013 California Building Code and its appendices and standards.
b. 2013 California Plumbing Code and its appendices and standards.
c. 2013 California Mechanical Code and its appendices and standards.
d. 2013 California Electrical Code.
e. 2013 California Energy Code.
f. 2013 California Green Building Standards Code.
g. Title 24, California Code of Regulations.
h. 2013 California Fire Code and its appendices and standards.
24. An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1265.
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PLANNING COMMISSION RESOLUTION NO. 2661
25. A disabled access overlay of the precise grading plan is required to be submitted to
the Department of Building and Safety for plan review of the site accessibility
requirements as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10.
26. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11B-206).
27. Detectable warnings shall be provided where required per CBC 11B-705.1.2.5 and
11B-705.1.2.2. The designer is also required to meet all ADA requirements. Where
an ADA requirement is more restrictive than the State of California, the ADA
requirement shall supersede the State requirement.
28. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Department of Building
and Safety.
29. All contractors and subcontractors shall have a current City of Palm Desert
Business License prior to permit issuance per Palm Desert Municipal Code, Title 5.
30. All contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
31. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert
Municipal Code Section 15.28). Compliance with Ordinance 1265 regarding street
address location, dimension, stroke of line, distance from street, height from grade,
height from street, etc. shall be shown on all architectural building elevations in
detail. Any possible obstructions, shadows, lighting, landscape, backgrounds or
other reasons that may render the building address unreadable shall be addressed
during the plan review process.
32. Please contact Cherie Williams, Building and Safety Technician, at the Department
of Building and Safety at (760) 776-6420 regarding the addressing of all buildings
and/or suites.
FIRE DEPARTMENT:
33. Final fire and life safety conditions will be addressed when building plans are
reviewed by the Fire Prevention Bureau. These conditions will be based on
occupancy, use, the California Building Code (CBC), California Fire Code (CFC),
and related codes which are in force at the time of building plan submittal.
34. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all residential buildings per CFC Appendix B. The developer shall
provide for this project, a water system capable of delivering 2,000 GPM at 20-PSI
residual operating pressure for a 2-hour duration.
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PLANNING COMMISSION RESOLUTION NO. 2661
35. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval.
Three sets of sprinkler plans must be submitted by the installing contractor to the
Fire Prevention Bureau.
36. Fire alarms plans shall be submitted to the Fire Prevention Bureau for approval.
Three sets of alarm plans must be submitted by the installing contractor to the Fire
Prevention Bureau. The fire alarm system is required to have a dedicated circuit
from the house panel.
37. Hydrant locations shall be identified by the installation of reflective marker (blue
dots).
38. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six
feet in height and be located to the right side of the fire riser sprinkler room (CFC
Chapter 5).
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PLANNING COMMISSION RESOLUTION NO. 2661
Exhibit "A"
The Mountains at BIGHORN Golf Club Development Plan (DP 15-273)
I. Development Standards
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
Except as otherwise modified by this Development Plan or a subsequent action of
the City's Community Development Director, as set forth below, the Development
Standards set forth in Sections 25.28.060 of the City's Municipal Code shall be and are
hereby incorporated by reference into this Development Plan.
C. Minimum Yards
The following 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.
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PLANNING COMMISSION RESOLUTION NO. 2661
G. Modifications of Standards in Site Plan
The Director of Community Development, 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 Director of Community
Development 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 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 attached hereto. 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 Elevations for Currently Undeveloped Lots
The approved pad elevations for the currently undeveloped residential lots and Flex
Lots within the Plan Area are shown on Exhibit C attached hereto. The City Engineer may
approve modifications to these elevations that do not exceed 12 inches. Any modifications
to these elevations in excess of 12 inches may be approved by the Planning Commission in
accordance with Chapter 25.72 of the Municipal Code.
K. Clubhouse Zone.
The area of the Clubhouse Zone is depicted in Exhibit B, attached hereto, and
incorporated by reference. All development in the Clubhouse Zone shall conform to the
standards of this Section I.K of the Development Plan for the Mountains at BIGHORN
Project. Where this Section I.K is silent, all other provisions of the Development Plan for the
Mountains at BIGHORN Project shall apply to any development in the Clubhouse Zone.
1. Permitted Uses.
Permitted uses in the Clubhouse Zone include golf course amenity uses,
including, without limitation, golf course clubhouse uses, club administrative and office uses,
meeting rooms, recreational facilities, pools, spas, pro shops, dining and event facilities, golf
cart storage and maintenance, and similar and related uses. In addition, up to four (4)
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PLANNING COMMISSION RESOLUTION NO. 2661
residential condominium units may be developed within the Clubhouse Zone pursuant to a
subdivision map approved by the City.
2. Minimum Setbacks
The Clubhouse Zone contains an irregular -shaped lot without easily defined
yards that is adjacent to substantial open space. The following minimum setbacks are
intended to apply to habitable structures located within the Clubhouse Zone:
Minimum Setback from Private Roads — 14 Feet
Minimum Setback from Residential Lots — 5 Feet
Minimum Setback from Open Space, Golf Course/Amenity Lots, or between
lots within the Clubhouse Zone — none required
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.
3. Maximum Building Heights
The maximum building height shall be 44 feet. Notwithstanding the foregoing,
the provisions of Section 25.40.040 shall apply to structures within the area of this
Development Plan.
Notwithstanding the foregoing, no structure within 20 feet of a residential lot
may exceed a height of 25 feet.
4. Parking
The Clubhouse Zone serves primarily as an amenity to a private community.
Clubhouse Zone users access the facilities located thereon through a variety of methods,
including walking, golf carts, and automobiles. In addition, users frequently use multiple
amenities in the same visit, such as use of the golf course facilities, pro shop, recreational
facilities, and dining facilities. Valet parking is also available during special events. In light of
these particularized conditions that are unique to the Clubhouse Zone, parking flexibility is
warranted, and on -site parking shall be provided for uses in the Clubhouse Zone pursuant
to this Section.
Residential Uses: There shall be a minimum of two (2) reserved parking
spaces for each residential unit constructed in the Clubhouse Zone.
Non -Residential Uses: There shall be a minimum of 100 automobile parking
spaces and 60 golf cart storage spaces for all non-residential uses constructed in the
Clubhouse Zone. Accessible parking spaces shall be provided in the ratios required by
applicable law.
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PLANNING COMMISSION RESOLUTION NO. 2661
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.
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