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Home My WebLink AboutCC RES 2013-06RESOLUTION NO. 2013-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING A DEVELOPMENT PLAN FOR THE PORTION OF THE CANYONS AT BIGHORN PROJECT LOCATED WITHIN THE PR PLANNED RESIDENTIAL DISTRICT ZONE. CASE NO. DP 12-371 WHEREAS, the Canyons at BIGHORN Project is located within the City's existing Planned Residential (PR) District Zone; and WHEREAS, the Canyons at BIGHORN Project has been developed over an approximately 15-year period as a planned master community comprised predominately of individually designed custom homes; and WHEREAS, many of the subdivided lots in the Canyons 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 Canyons 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 Canyons at BIGHORN Project pursuant to which individual structures have been constructed; and WHEREAS, Sections 25.240.190 and 25.240.330 of the City's Municipal Code authorize the City to approve a Development Plan for properties located within the City's PR Planned Residential District Zone, as shown in Exhibit A, 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 portion of the Canyons at BIGHORN Project located within the City's PR Planned Residential District Zone, 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 portion of the Canyons at BIGHORN Project located within the City's PR Planned Residential District Zone 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 portion of the Canyons at BIGHORN Project located within the City's PR Planned Residential District Zone pursuant to and in conformance with an approved site plan and a City -issued RESOLUTION NO. 2013-06 building permit are and have been consistent with the spirit and intent of the City's Municipal Code. WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") (Pub. Res. Code, § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs, tit. 14 § 15000 et seq.), the City is the lead agency for the proposed Project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act", Resolution No. 2012-20, and City staff reviewed the Project and prepared a Preliminary Exemption Assessment; and WHEREAS, the City has determined that the Project is 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.", and an Notice of Exemption was prepared pursuant to CEQA and the State CEQA Guidelines; and WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 18th day of December, 2012, hold a duly noticed public hearing to consider the request by the BIGHORN DEVELOPMENT, LLC. for approval of the Project; and WHEREAS, the Planning Commission by its Resolution No. 2594 has recommended approval of the Project DP 12-371; and NOW, THEREFORE, the City Council of the City of Palm Desert does hereby resolve to approve the following Development Plan for the portion of the Canyons at BIGHORN Project located within the City's PR Planned Residential District Zone: I. Development Plan for the portion of the Canyons at BIGHORN Proiect located within the Citv's PR Planned Residential District Zone: A. Incorporation of Chapter 25.24 Development Standards 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 Chapter 25.24 of the City's Zoning Code shall be and are hereby incorporated by reference into this Development Plan. B. Minimum Yards Notwithstanding the standards set forth in Section 25.24.250, 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 —15 Feet 2 RESOLUTION NO. 2013-06 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. C. Minimum Separation Between Buildings Notwithstanding the standards set forth in Section 25.24.260, the minimum separation between buildings, including two-story elements of single-family detached homes, shall be at least 10 feet. D. Maximum Building Heights Notwithstanding the standards set forth in Section 25.24.280, the maximum building height shall be 20 feet. Notwithstanding the foregoing, the provisions of Section 26.56.300 shall apply to structures within the area of this Development Plan. E. Maximum Building Coverage The maximum building site coverage on any lot shall not exceed 60 percent of the total lot area. F. 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 Chapter 25.78 of the Municipal Code. Such decisions of the Planning Director may be appealed to the Planning Commission in accordance with Chapter 25.86 of the Municipal Code. G. Effect of Development Plan In accordance with Sections 25.24.310 and 25.24.330 of the Municipal Code, the development standards contained in this Development Plan shall govem 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. 3 RESOLUTION NO. 2013-06 11. 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council held on this 24th day of January vote, to wit: AYES: BENSON, TANNER, WEBER, and HARNIK NOES: NONE ABSENT: SPIEGEL ABSTAIN: NONE ATTEST: 41.0 goy , A - RAC EL D. KLASSE , CITY CLERK CITY OF PALM DESERT, CALIFORNIA , 2013, by the following JAN/C. HARNIK, MAYOR 4 RESOLUTION NO. 2013-06 LEPEND. PROPOSED DEVELOPMENT PLAN AREA r/z/4 EXHIBIT "A" 1--10(10. 5