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HomeMy WebLinkAboutRes No 27161 1 PLANNING COMMISSION RESOLUTION NO. 2716 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO PRECISE PLAN 14-170 AND TENTATIVE TRACT MAP 36351 TO ALLOW FOR TWO-STORY DETACHED SINGLE-FAMILY HOMES AT THE SOUTHWEST CORNER OF DICK KELLY DRIVE AND DINAH SHORE DRIVE CASE NOS: PP 14-170/TTM 36351 AMENDMENT NO. 1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 2nd day of December 2014, adopt a Negative Declaration and approve Tentative Tract Map 36351 and Precise Plan 14-170 for a 111-lot subdivision for single-family homes at the southwest corner of Dick Kelley Drive and Dinah Shore Drive; and WHEREAS, the amendments to these 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, and the Director of Community Development has determined that the amendments to the applications will not have a negative impact on the environment and that a negative declaration can be adopted; and WHEREAS, the amendments to the precise plan and tentative tract map 36351 modify condition of approval number ten to allow for two-story homes in compliance with the development standards listed in the Planned Residential zoning district; 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. As a non -age -restricted community, the proposed development is consistent with the General Plan "Town Center Neighborhood" designation and the amended applications are consistent with the development standards for the Planned Residential (PR) zoning designation and existing residential development in the vicinity. 2. As a non -age restricted community, the proposed development is consistent with the goals and intent of the General Plan in that the development offers a diverse range of housing types at densities consistent with the plan. 3. As a non -age restricted community, the proposed development is consistent with the City's Housing Element in that 10 percent% of the eventual apartment units will be made available as income -restricted units. In addition, the project site provides a balance of housing types that are suitable for residents across all socio-economic sectors and is compatible with surrounding non -age -restricted single-family and multi -family housing developments in the vicinity. 4. That the proposed Tentative Tract Map 36351 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. PLANNING COMMISSION RESOLUTION NO. 2716 FINDINGS FOR APPROVAL: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. As a non -age restricted community, the proposed densities of eight units per acre for the single-family home site and 18 units per acre for the multi -family site are consistent with the General Plan Land Use Designation of Town Center Neighborhood, which allows densities up to 40 dwelling units per acre. The proposed subdivision is consistent with the updated Housing Element of the General Plan as 10 percent of the multi -family site will be made available as restricted income units. 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 have been reviewed by the Planning Department and Public Works Department for consistency with the General Plan. The lot sizes and drainage patterns meet all requirements of the General Plan. All existing perimeter streets are in conformance with the General Plan. Internal project streets conform to City standards and are consistent with adjoining residential developments. As a non -age restricted community, the single-family home subdivision is consistent with the General Plan Land Use Element as the housing site provides a balance of housing types suitable for residents across all socio-economic sectors and preserves neighborhood character and compatibility. However, limiting sales of the single-family homes based on age requirements would conflict with these goals and the City's General Plan. As conditioned the subdivision is consistent with the City General Plan. 3. That the site is physically suitable for the type of development. The 30.77-acre project area is located adjacent to existing single-family residential communities that have successfully constructed similar types of development. No obstacles to the development of surrounding subdivisions were experienced and, due to the proximity and similarity of the proposed development, it's reasonable to conclude that the site is physically suitable for it. 4. That the site is physically suitable for the proposed density of development. The project area borders an existing single-family community to the south and is directly across the street from industrial developments to the north and an elementary school site to the west. The proposed density for the single-family site at eight units per acre is consistent with surrounding residential communities. In addition, the proposed density for the multi -family site is consistent with the General Plan and zoning designations as it provides a transition between the industrial areas to the north and the single-family developments to the south. The infrastructure, soils, and terrain serving the development will adequately support these densities. 2 PLANNING COMMISSION RESOLUTION NO. 2716 1 1 1 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 Negative Declaration of Environmental Impact has been adopted by the Planning Commission. 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 111 single-family lots are in compliance with all grading requirements and the properties will be developed in accordance with the Uniform California Building Code. Grade changes in the community are accommodated by smaller retaining walls, which break up the need for single taller walls which may enclose private yards and impact public health. The use of retaining walls on single-family lots helps to preserve private yard space and access to open space, natural light, and air. In addition, pedestrian access is provided to surrounding roadways and communities which decreases the need for vehicular traffic between adjoining communities and future elementary school. 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 will be developed as a private gated residential community and 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 amendments to PP 14-170 and TTM 36351, subject to conditions. 3 PLANNING COMMISSION RESOLUTION NO. 2716 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 February 2018, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, and PRADETTO NOES: NONE ABSENT: HOLT ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION J, SEE H PRADETTO, CHAIRMAN 4 PLANNING COMMISSION RESOLUTION NO. 2716 1 1 1 CONDITIONS OF APPROVAL CASE NOS. PP 14-170 AND TTM 36351 AMENDMENT NO. 1 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. All Conditions of Approval listed under Planning Commission Resolution 2639 remain valid and in effect for this project, with the exception of Condition of Approval No. 10 which is amended by conditions 7 and 8 below. 2. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all Palm Desert Municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 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. The project shall be subject to all applicable fees at the time of issuance of building permits. 6. The single-family development site shall comply with all recommendations provided by the City's Architectural Review Commission at their meeting on December 12, 2017. 7. No more than 50 percent of all units may be two stories in height. No corner lots shall be two stories. 8. All single-family lots shall comply with the following development standards: Front Yard: Side Yard: Street Side: Rear Yard: 15 feet 5 feet minimum 10 feet on corners 15 feet minimum All other development standards shall comply with Palm Desert Municipal Code Chapters 25.10 and 25.40. 9. The applicant shall submit plans to the Department of Community Development for the development and use of the common area lot (Lot "E") prior to the issuance of the 22nd 5 PLANNING COMMISSION RESOLUTION NO. 2716 building permit for the single-family home tract. The installation of the common area improvements shall commence prior to the issuance of the 55th building permit. 10. A precise plan shall be submitted to the City's Community Development Department for the development of the eight -acre multi -family housing site. The multi -family site is permitted for a maximum building height of 40-feet and three -stories and a maximum density of twenty-two dwelling units per acre (22 du/ac). 11. The Owner of the eight -acre multi -family site shall enter into a Housing Agreement with the City to make 10 percent of the total units within both project sites available to moderate -income households, as defined under California Health and Safety Code Section 50053, ("Restricted Income Units") at an "affordable rent," as defined in that same Section, including a reasonable utility allowance. The City shall have the option, during the term of the Housing Agreement, of requiring the Owner to rent an available Restricted Income Unit to Lower -Income Households, provided that the City agrees to provide a subsidy equal to the difference between the affordable rent for the lower income household that can be charged under California Health and Safety Code Section 50053 (b)(1), (2), or (3) and the rent allowed for the moderate income household. If market rent charged by owner is less than the affordable rent calculated under California Health and Safety Section 50053 (b)(4) for a moderate income household, then the subsidy shall be equal to the difference between the market rent and the affordable rent that can be charged under California Health and Safety Code Section 50053 (b)(1), (2), or (3). The subsidy may be paid monthly, or alternatively, in a negotiated sum payable by City or its designee to Owner in a one-time amount or installments as prescribed by agreement between the City and Owner. The Housing Agreement shall be entered into prior to the approval of a Precise Plan application on the multi -family site. 12. Consistent with the City's General Plan Land Use Element, this community shall not be age -restricted. In the event that a homeowners' association is formed for any or all of the parcels created by this tract map, the governing documents of that association shall comply with the Unruh Civil Rights Act and shall prohibit sale or rental of housing from discrimination on the basis of sex, color, race, religion, ancestry, national origin, disability, or age. 13. No two-story units are allowed on lots 58-65 as identified on the tract map. 14. Adjacent two-story homes shall have a minimum separation of 20 feet between the two- story elements. 6