HomeMy WebLinkAboutOrd 1067, 1068 and Res 04-42 Palm Desert Country Club C/Z 04-01, TT 31836, PP 04-01, & DA 04-01 06-10-2004�r��s oar��p ' i 0 - O�i
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* Continued matter to the meeting
STAFF REPORT of June 24, 2004, asking staff
in the interim to be sure the
story poles are located appropriately
to the proximity of view lines
REQUEST: Approval of a change of zone from Open Space (O.S.) to R-1 9,000 �f resi-
for 41 lots around the golf course perimeter, a change of zone from dential
Open Space (O.S.) To PR-6 for 9.68 acres in the area of the existing 5oos.
driving range, a tentative tract map to create 95 residential lots, a
precise plan, a development agreement which will provide for among
other matters modified development standards and provisions
requiring that golf course improvements be carried out in a timely
manner, and a Negative Declaration of Environmental Impact as it
relates to the above. All property being a portion of Section 13 and 14
T5S R6E.
SUBMITTED BY: Phil Drell, Director of Community Development
APPLICANT: PDCC Development, LLC
601 S. Figueroa Street, Suite 3550
Los Angeles, CA 90017
Dahoon Investment Company, Inc.
77-200 California Drive
Palm Desert, CA 92211
CASE NOS: C/Z 04-01, TT 31836, PP 04-01 and DA 04-01
DATE: June 10, 2004 continued from May 13, 2004
CONTENTS:
May 13, 2004 City Council Staff Report
Recommendation:
That Case Nos. C/Z 04-01, TT 31836, PP 04-01 and DA 04-01 be continued
to June 24, 2004 by minute motion.
Staff Report
Case Nos. C/Z 04-01, TT 31836, PP 04-01 and DA 04-01
Page 2
June 10, 2004
Background:
This matter was continued from May 13, 2004 to allow the applicant to
address several areas of concern raised by Council members.
Specifically, the applicant was directed to:
1. Obtain Planning Commission comments on the proposed maintenance
facility relocation.
2. Provide additional information on funding needed to accomplish the project
(home sales, exact figures for each component (golf course renovation,
irrigation system, clubhouse renovation, cart barn)).
3. Provide time line for each component of project.
4. Provide floor plan for clubhouse renovation.
5. Establish program to place an open space easement over the remainder of
the golf course.
6. Install story poles at various locations around the golf course to provide a
perspective of the impact on view to be experienced by residents.
Discussion:
The applicant is continuing to work on addressing the above issues. Staff will report
on items 1, 2, 3, 4 and 5 at the meeting.
The data necessary for the independent project analysis has been provided to the
City's consultant. We do not expect to have the complete report in hand by June 10,
2004.
The applicant advises that the story poles will be in place the afternoon of Tuesday,
June 8, 2004. Staff will advise Council members when they are in place so that they
can be viewed. Additionally, staff will shoot pictures from various vantage points.
Staff Report
Case Nos. C/Z 04-01, TT 31836, PP 04-01 and DA 04-01
Page 3
June 10, 2004
Since we do not expect to have the independent project analysis report in hand by
June 10, 2004, we expect that the matter will need to be continued.
Submitted by:
Phil Drell
Director of Community Development
Approval:
Carlos L. Orteg
City Manager
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Approval:
Homer Croy
ACM for Dev
ent Services
(W pdocsttm\sr\tt31836.cc8)
REQUEST:
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
Approval of a change of zone from Open Space (O.S.) to R-1 9,000
for 41 lots around the golf course perimeter, a change of zone from
Open Space (O.S.) To PR-6 for 9.68 acres in the area of the existing
driving range, a tentative tract map to create 94 residential lots, a
precise plan, a development agreement which will provide for among
other matters modified development standards and provisions
requiring that golf course improvements be carried out in a timely
manner, and a Negative Declaration of Environmental Impact as it
relates to the above. All property being a portion of Section 13 and 14
T5S R6E.
SUBMITTED BY: Phil Drell, Director of Community Development
APPLICANT: PDCC Development, LLC
601 S. Figueroa Street, Suite 3550
Los Angeles, CA 90017
Dahoon Investment Company, Inc.
77-200 Califomia Drive
Palm Desert, CA 92211
CASE NOS: C/Z 04-01, TT 31836, PP 04-01 and DA 04-01
DATE: May 13, 2004
CONTENTS:
Recommendation
Executive Summary
Background
Draft Ordinance No. , Draft Ordinance No. , and Draft Resolution
No.
Planning Commission Staff Report dated March 16, 2004
Planning Commission Resolution No. 2255
Planning Commission Minutes of March 16, 2004
Related Maps and Exhibits
Staff Report
Case Nos. C/Z 04-01, TT 31836, PP 04-01 and DA 04-01
Page 2
May 13, 2004
Recommendation:
That the City Council waive further reading and pass Ordinance No.
to second reading relating to C/Z 04-01.
That the City Council waive further reading and pass Ordinance No.
to second reading relating to DA 04-01.
That the City Council adopt Resolution No. 04- approving PP 04-01 and
TT 31836, subject to conditions.
Executive Summary:
The Palm Desert Country Club (PDCC) area is a golf
course/residential community which has been constructed over the
past 40+ years. Over the past several years, the Palm Desert Country
Club golf course has experienced a succession of owners, declining
membership and generally deteriorating conditions. It is the project
applicant's position that golf revenues are not sufficient to adequately
finance the capital investment costs required to bring the course back
to a condition which is both economically viable for owners and a
stable recreation and open space asset for the neighborhood.
The applicant proposes to remodel the clubhouse, relocate the
maintenance facility and renovate the entire 27-hole course tees to
greens including installation of a new automated irrigation system
designed to save 500 acre feet of water/year (see attached golf
course summary). Renovation costs will exceed $5,000,000. Since
green fees will not cover the capital costs of these improvements, the
applicant proposes to finance the renovations through rezoning of
approximately 20 acres of the 220-acre course from open space to
residential use allowing the development of 94 one-story single family
detached homes.
The proposed homes will be designed to be equal or better then the
existing homes in Palm Desert Country Club. Their projected selling
price will generally exceed current values in the area.
Staff Report
Case Nos. C/Z 04-01, TT 31836, PP 04-01 and DA 04-01
Page 3
May 13, 2004
Background:
The PDCC area was originally zoned R-1 and R-1 9,000 which required minimum
7,200 and 9,000 square foot lots respectively. On August 17, 1960 Variance No.
409 was granted by the Riverside County Planning Commission reducing the
minimum lot sizes to 6,000 square feet and 60 feet of lot width. This variance also
restricted dwelling units to a maximum of 1,300 square feet. Even with these
provisions in effect, 46 lots of less than 6,000 square feet were developed between
1961 and 1985 and 320 homes of greater than 1,300 square feet were built
between 1960 and 1964.
On November 18, 1964, County Variance No. 656 was approved amending the
maximum dwelling unit size to 1,800 square feet, yet between 1965 and 1993, 103
homes in excess of 1,800 square feet were built.
While the County's justification for the variance is not absolutely clear, it appears
that they imputed a portion of the golf course to each lot within the tract to achieve
consistency with the R-1 9,000 standards. The City's zoning employs a similar
strategy for golf course country club zoning with the use of the Planned Residential
zone that is based on gross project density including the golf course and common
areas.
Neither of the variances specify setbacks. County standards prescribe a minimum
20 foot front yard measured for street line, rear yard of 10 feet and side yards "not
less than ten percent of the width of the lot, but not Tess than three feet in width in
any event." The ordinance does not clarify whether that is 10% on each side or in
total.
Based on physical observations, the predominant side yard setbacks in the area
appear to be a total of eight feet with a minimum of three feet.
Letter from Criste. Pippin and Golds:
Shortly before the Planning Commission hearing a letter from the above noted law
firm was received on behalf of the Palm Desert Country Club Preservation Society.
The letter, among other matters, discusses a "declaration of restrictions" which was
placed on the subject property in 1961 and 1963. These restrictions were designed
Staff Report
Case Nos. C/Z 04-01, TT 31836, PP 04-01 and DA 04-01
Page 4
May 13, 2004
to preserve the golf course for a 30-year period with five year extensions. Although
the initial 30-year restriction has expired, one of the five year extensions is in effect.
At the Planning Commission hearing City Attorney Hargreaves advised commission
that the issues raised were private matters for members of the homeowner's
association and that it did notpreclude the City from processing the applications.
(See response letter from City Attomey attached.)
Project Description:
The applicant seeks approval of a change of zone and tentative tract map
redesignating 9.5 acres dispersed around the perimeter of the golf course from
Open Space to R-1 9,000 creating 41 single family lots (the golf course lots) and a
change of zone from Open Space to PR-6 for 9.68 acres in the area of the existing
driving range adjacent to the clubhouse "the clubhouse lots". The driving range will
be eliminated allowing for 53 homes. Since the Planning Commission hearing, the
applicant has redesigned this component of the project eliminating one unit and
increase the fairway width separating the new project from existing homes by 20 to
40 feet.
The 41 golf course Tots will be zoned R-1 9,000 consistent with the existing tract and
will range in size from 8,945 to 9,176 square feet. To replicate the effect of the
County's variance and the City's PR zone, a portion of each rear yard will be
reserved by easement to the golf course resulting in net lot sizes of 5,000 square
feet to 6,855 square feet.
The 53 clubhouse lots will vary in size from 4,691 square feet to 6,779 square feet.
Including common open space and recreational facilities, average lot size will be
7,808 square feet. The clubhouse lots will have private streets connecting to
Tennessee Avenue and California Drive.
A total of 19 acres of the existing 220-acre course will be converted to residential
use.
Staff Report
Case Nos. C/Z 04-01, TT 31836, PP 04-01 and DA 04-01
Page 5
May 13, 2004
Proposed Dwelling Size and Architecture:
The proposed dwellings to be constructed are all single story and range in height
from 14 feet to 18 feet. No home will exceed 18 feet in height except for chimneys.
Dwelling size will range from 1,732 square feet to 1,853 square feet.
UNIT HEIGHTS AND SIZES
PLAN SIZE HEIGHT
Plan 1 1,732 sq.ft. Basic 16 ft., maximum 18'
Plan 2 1,853 sq.ft. Basic 14 ft. -15 ft., maximum 18'
Plan 3 1,778 sq.ft. Basic 16.5 ft., maximum 17'
Plan 4 1,829 sq.ft. Basic 15.5 ft., maximum 18'
The maximum height occurs with roof sections which are included to improve
architecture.
Dwelling architecture will be a contemporary Spanish look with tile roofs on all units.
This architecture is consistent with recent unit construction in the PDCC area and
with recent remodels in the area. On February 10, 2004, the ARC granted
preliminary approval.
PARKING:
41 Golf Course Lots:
These conventional lots will each be provided with a two -car garage, driveway
parking and street parking.
53 Clubhouse Lots:
Each of these Tots will be provided a two -car garage. The streets are too narrow to
allow street parking. In order to address the lack of street parking the applicant has
provided small community parking Tots at the entries to theisfand. AtTennessee
Avenue a parking lot is shown on either side of the entry driveway providing seven
spaces and nine spaces. At the Califomia Drive entry parking for 11 cars is provided
on the south side. Within the "island" six small parking lots provide a total of 23
Staff Report
Case Nos. C/Z 04-01, TT 31836, PP 04-01 and DA 04-01
Page 6
May 13, 2004
spaces. These 50 community spaces will be more than adequate to make up for the
lack of street parking.
DEVELOPMENT STANDARDS
CODE EXISTING
REQUIREMENTS PDCC DEV. PROPOSED PROPOSED
R-1 9.000 / PR STANDARDS R-1 9.000 LOTS PR-6 LOTS
Front Setback 20'/as approved 14-20 feet 10-15 feet 10-15 feet
Rear Setback 15'/as approved 10-20 feet 11-22 feet 5-20 feet
Side Setbacks 14' total, 5' minimum/ 5' + 3' 5' + 5' 5' + 5'
as approved
Max. Building Height 18'/24' 13-18 feet 18' 18'
Min. Lot Area 9,000/or as approved 6,000 9,000 sq.ft.gross/ 4,691 sq.ft.
5,000 sq.ft.net
Max. Site Coverage 35%/40% 20-37% 38.7%
Discussion:
Evaluation Criteria:
Approval of the requested tentative map and precise plan is contingent upon a
change of zone from Open Space to Residential. A recommendation to change
Open Space to Residential must be based on compelling reasons. Therefore, in
addition to the usual criteria of consistency with the general plan, design
compatibility with neighborhood and other planning issues, this request was also
reviewed based on:
A. An irrevocable commitment by the developer to complete the golf course and
clubhouse improvements.
B. A rigorous financial proforma which clearly supports the premise that: 1) the
development and sale of 94 homes are necessary to finance the
renovations; and 2) projected revenues after the renovation will be sufficient
to maintain the course.
C. The location and design of the proposed homes do not unreasonably detract
from the overall value or enjoyment for surrounding property owners.
Staff Report
Case Nos. C/Z 04-01, TT 31836, PP 04-01 and DA 04-01
Page 7
May 13, 2004
Planning Commission Action:
The Planning Commission at its March 16, 2004 meeting on a 4-0 vote,
Commissioner Finerty absent, recommended approval of the requests.
At the Planning Commission hearing, many persons spoke to the matter. Those
speaking in favor cited the following reasons:
* Need for golf course renovation and upgrade
* Positive impact of saving 500 +/- acre feet of water with a new
irrigation system
* Overwhelming neighborhood support
* Improved property values
* Positive impacts 94 new single family homes will have by encouraging
existing owners to remodel and upgrade
Those speaking in opposition cited the following reasons:
* Existing, enforceable CC&R's prohibit development on the golf course
* Damage to or elimination of views
* Negative impacts to ambiance and property values by adding noise,
traffic, people and light
* Loss of open space
* The golf course proforma is inadequate to establish a compelling reason
for the change of zone
* Removing open space is a terrible precedent to set
* Architecture proposed is too high
* Significant traffic increases on certain streets
* Construction noise
* Existing architecture has historical value and should be preserved
* Maintenance facility relocation was never discussed with residents - it
will create noise, light, view, and privacy impacts
General Plan:
The entire 523-acre PDCC area is designated low density residential 0-4 units per
acre in the updated general plan which would permit up to 2,096 units.
Staff Report
Case Nos. C/Z 04-01, TT 31836, PP 04-01 and DA 04-01
Page 8
May 13, 2004
Currently there are 1,485 single family lots and 489 apartment/condo units for a total
of 1,974 units with an overall existing density of 3.77 units per acre.
With the additional 94 lots, the total units will be 2,068 and a density of 3.96 units
per acre which is consistent with the low density land use designation.
ZONING:
The proposed R-1 9,000 designation for the golf course Tots is consistent with the
County's original historical zoning policy for the development. Instead of the
variance used by the County to grant exceptions to the R-1 standards, a
development agreement is proposed. The 41 lots have been sited to minimize any
significant view impacts on existing homes.
The 53 clubhouse lots will be an ungated but relatively self-contained project with
private streets and common recreational facilities. The PR zone specifically allows
the Planning Commission/City Council to approve unique development standards
for master planned developments. The standards proposed are similar to other golf
course development in the city.
The Homes:
In general, the proposed homes will be larger and equal or superior in design to
existing homes in the area. Their heights and setbacks will be similar to homes built
in the PDCC within the past 15 years. On February 10, the ARC granted preliminary
approval subject to conditions concerning window details.
The Golf Course, Club House and Maintenance Facility:
The complete renovation of the golf course and irrigation system will return the
facility to the quality of other first rate courses in the valley. Not only will it be a
benefit to golfers, but will add significant value to the existing fairway homes. The
remodel of the clubhouse will allow improved services for golfers and restore its
ability.. to.act _as_a_focus for communityactivity
The maintenance facility which is currently located directly adjacent to homes on
New York Avenue will be moved to a currently unused area between the 13th
fairway and Joe Mann Park.
Staff Report
Case Nos. C/Z 04-01, TT 31836, PP 04-01 and DA 04-01
Page 9
May 13, 2004
The 245 feet by 120 feet facility will be completely enclosed by an eight -foot wall,
berming and landscaping. Within the walls will be a 5,000 square foot building, 19
parking spaces and material storage areas. The facility will be accessed via an
existing driveway between Joe Mann Park and a residence at 77-680 California.
The design of the facility was reviewed by the ARC on April 27 where a number of
potentially impacted residents provided input. The applicant agreed to adjust the
site plan so that existing fairway views would be preserved. The revised design will
be presented to the ARC on May 11. The results of that meeting will be provided in
the oral report.
ISSUES:
A. Economic Justification:
The applicant has submitted a project proforma which indicates that golf and
clubhouse revenues will be sufficient to maintain the facilities, but do not
support the renovation capital investment. This conclusion is consistent with
the City's own experience and the experiences of country club courses
throughout the valley. The capital cost of golf courses are paid by the sale
of surrounding residential or hotel property. The proposed cost of the
renovation exceeds the value of the existing facilities.
Assuming that the proposed residential project is successful, the next
concem is to provide assurance that the golf course improvements are
accomplished along with the residential development. The proposed
development agreement ties the two project components together.
While it was originally hoped that the 18-hole course could be completed
prior to the release of any homes, delays in the design and approval process
have required a readjustment of the schedule. There will not be sufficient
time to complete the 18-hole course renovation in time to open for play next
season. As an alternative, the applicant is proposing to complete the nine-
_i.ole__executive course .renovation, clubhouse remodel and maintenance
facility relocation prior to any home release. They will then bond to cover the
costs of the 18-hole course. Since the value of the new homes will be tied to
the completion of the course improvements, the applicant has significant
incentives to complete the project.
Staff Report
Case Nos. C/Z 04-01, TT 31836, PP 04-01 and DA 04-01
Page 10
May 13, 2004
The final details of the development agreement are still being negotiated by
the attorneys. A draft agreement has been included with this report. A final
agreement should be available prior to the May 13 meeting.
B. Impact of Residential Project on Existing Homes:
The last question is, Do some homeowners bear an unreasonable burden of
the new residential development?
The golf course lots have been strategically placed in existing gaps where
streets intersect the course. The developer has gone to great lengths to
minimize golf course view impacts on any existing homes.
The greatest controversy has involved the impacts of the clubhouse lots.
While most PDCC fairway homes have an average 220-foot property line to
property line view separation, the homes in the vicinity of the clubhouse lots
currently have an unimpeded view through the driving range of over 600 feet.
The elimination of the driving range will reduce the view separation to a
distance comparable to other fairway lots throughout the development.
For the homes on New York Avenue, golf course separation property line to
property line will be reduced to a minimum of 215 feet. Homes on Indiana will
be reduced to a 160-foot minimum. Utah Circle homes have 180 feet
minimum separation.
While the Toss of the driving range will reduce the length of unimpeded views
in the area, liability issues would have impacted views even without the
project. Standard driving ranges are 333 yards (1,000 feet) in length. The
PDCC range is 222 yards to 255 yards in length. As improvements occur to
golf clubs and balls result in longer drives, the need to install 50-foot
screening around the driving range would eventually impact views.
To assess the economic impact of the project, Dozier Appraisal was hired by
the . City_ to appraise five existing homes most directly impacted. The
appraisal looked at current home value and predicted future value after
completion of the project.
Staff Report
Case Nos. C/Z 04-01, TT 31836, PP 04-01 and DA 04-01
Page 11
May 13, 2004
The appraisals concluded there will be no measurable impact on even the
most effected homes. This opinion is based on two conclusions.
1. In studying existing PDCC sales data, there is a price premium for golf
course homes in comparison to non golf homes, but there is no
measurable difference attributable to the quality of a particular fairway
view versus another. Once a home is on the golf course, the primary
determinant of value is the size and quality of the home.
2. Any marginal decrease in value that might occur due to the shortening
of the view would be made up by the increased market value resulting
from the improved golf course and the higher priced home included
in the project.
Since the project was approved by the Planning Commission, the applicant
has continued to adjust the design of the clubhouse lots to reduce impacts
on the surrounding homes. Two lots were removed from the end of the cul-
de-sac lengthening the separation by 20 to 40 feet. Relative to Utah cul-de-
sac homes, the new lots will be six feet to eight feet lower, further reducing
the impact of the new homes.
Environmental Review:
For purposes of CEQA, the proposed project will not have a significant negative
impact on the environment and staff has prepared a Negative Declaration of
Environmental Impact.
Part of the Environmental Review included preparation of a traffic analysis by
George Dunn Engineering which concluded at page 36 "the project will not result
in significant changes in the operations of area roadways." A copy of the entire
traffic report is attached hereto by reference.
CONCLUSION:
The PDCC golf course is the open space and recreational centerpiece of the
development. Currently it is in decline both physically and economically. Its
continued deterioration will ultimately impact the quality of life and property values.
The applicant has presented compelling arguments in support of their proposal to
Staff Report
Case Nos. C/Z 04-01, TT 31836, PP 04-01 and DA 04-01
Page 12
May 13, 2004
finance the renovation of the facility through the development and sale of 93 homes.
While any change will impact some existing homeowners, the plan minimizes
significant individual impacts while achieving significant benefits for the whole
community. The proposed homes will be compatible with the existing neighborhood.
Architectural design quality and overall value will be equal or superior to existing
homes. The renovation of the golf facilities and the construction of the new homes
will have an overall positive impact for both specific property owners and the
neighborhood.
Submitted by: Approval:
Phil Drell
Homer Croy
Director of Community Development ACM for Develo1int Services
Approval:
Carlos L. Ortega
City Manager
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(W pd o cs\mis r\tt31836. c c6 )
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE
PALM DESERT ZONING MAP BY CHANGING THE ZONE FROM
OPEN SPACE (0.S.) TO R-1 9,000 FOR 41 LOTS AROUND THE
GOLF COURSE PERIMETER, CHANGING THE ZONE FROM OPEN
SPACE (O.S.) TO PR-6 PLANNED RESIDENTIAL SIX UNITS PER
GROSS ACRE FOR 9.68 ACRES IN THE AREA OF THE EXISTING
DRIVING RANGES AND A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AS IT RELATES TO THE ABOVE. ALL
PROPERTY BEING A PORTION OF SECTION 13 AND 14 T5S R6E,
PALM DESERT COUNTRY CLUB AREA.
CASE NO. C/Z 04-01
The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN,
as follows:
SECTION 1: That a portion of Ordinance No. 107 referencing Section 25.46.1
of the Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal
Code) is hereby amended to read as shown on the attached Exhibit "A."
SECTION 2: That a Negative Declaration of Environmental Impact is hereby
certified and attached as Exhibit "B."
SECTION 3: The City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and shall be
in full force and effect thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this
day of , 2004, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
ROBERT A. SPIEGEL, Mayor
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
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Date:
GII.
ORDINANCE NO.
EXHIBIT B
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NO: C/Z 04-01
APPLICANT/PROJECT SPONSOR:
PROJECT DESCRIPTION/LOCATION:
PDCC Development LLC
601 S. Figueroa Street, Suite 3500
Los Angeles, CA 90017
A change of zone from Open Space (O.S.) to R-1 9,000 for 41 lots around the golf course
perimeter; a change of zone from Open Space (O.S.) to PR-6 planned residential six units
per gross acre for 9.68 acres in the area of the existing driving range and a Negative
Declaration of Environmental Impact as it relates to the above. All property being a portion
of Section 13 and 14 T5S R6E. Property is located within the Palm Desert Country Club
area bounded by Fred Waring Drive on the south, Washington Street on the east, Hovley
Lane on the north and city of Indian Wells on the west.
The Director of the Department of Community Development, City of Palm Desert,
California, has found that the described project will not have a significant effect on the
environment. A copy of the Initial Study has been attached to document the reasons
in support of this finding. Mitigation measures, if any, included in the project to avoid
potentially significant effects, may also be found attached.
PHILIP DRELL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A DEVELOPMENT
AGREEMENT WHICH WILL PROVIDE FOR AMONG OTHER
MATTERS MODIFIED DEVELOPMENT STANDARDS AND
PROVISIONS REQUIRING THAT GOLF COURSE IMPROVEMENTS
BE CARRIED OUT IN A TIMELY MANNER AND A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES
THERETO.
CASE NO. DA 04-01 AS IT RELATES TO CASE NOS. C/Z 04-01. TT 31836
AND PP 04-01
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 20th day of April, 2004, hold a duly noticed public hearing to consider the request of
PDCC DEVELOPMENT LLC; and
WHEREAS, the Planning Commission by its Resolution No. 2255 has
recommended approval of Case No. DA 04-01; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No. 02-60," in that the Director of Community Development has determined that
the project will not have a negative impact on the environment and that a Negative
Declaration of Environmental Impact should be certified; and
WHEREAS, at said public hearing, said City Council heard and considered all
testimony and arguments of all interested persons.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the City Council in this case.
2. That Development Agreement 04-01, Exhibit "A" attached, is hereby
approved.
3. That a Negative Declaration of Environmental Impact, Exhibit "B" attached,
is hereby certified.
ORDINANCE NO.
4. The City Clerk of the City of Palm Desert, Califomia, is hereby directed to
publish this ordinance in the Desert Sun, a newspaper of general circulation
in the city of Palm Desert, Califomia, and shall be in full force and effect thirty
(30) days after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this day of , 2004, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
2
ORDINANCE NO.
EXHIBIT B
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NO: DA 04-01 relating to Case Nos. C/Z 04-01, TT 31836 and PP 04-01
APPLICANT/PROJECT SPONSOR:
PROJECT DESCRIPTION/LOCATION:
PDCC Development LLC
601 S. Figueroa Street, Suite 3500
Los Angeles, CA 90017
A development agreement which will provide for among other matters modified
development standards and provisions requiring that golf course improvements be carried
out in a timely manner, and a Negative Declaration of Environmental Impact as it relates
to a zone change and tentative map to create 95 residential lots in the Palm Desert
Country Club area.
The Director of the Department of Community Development, City of Palm Desert,
California, has found that the described project will not have a significant effect on the
environment. A copy of the Initial Study has been attached to document the reasons
in support of this finding. Mitigation measures, if any, included in the project to avoid
potentially significant effects, may also be found attached.
PHILIP DRELL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE
TRACT MAP TO CREATE 95 RESIDENTIAL LOTS AND
RELATED PRECISE PLAN OF DESIGN FOR CERTAIN
GOLF COURSE RELATED IMPROVEMENTS WITHIN PALM
DESERT COUNTRY CLUB.
CASE NOS. TT 31836 AND PP 04-01
WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th
day of May, 2004, hold a duly noticed public hearing to consider the request of PDCC
DEVELOPMENT LLC; and
WHEREAS, the Planning Commission by its Resolution No. 2255 has
recommended approval of Case Nos. TT 31836 and PP 04-01; 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. 02-60," in that the Director of Community Development has determined that
the project will not have a negative impact on the environment and that a Negative
Declaration of Environmental Impact should be certified; 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 City Council did find
the following facts and reasons to exist to justify approval of said tentative tract map and
precise plan:
TENTATIVE TRACT MAP
1. That the proposed map is consistent with the general plan as amended.
2. That the design or improvement of the proposed subdivision is consistent
with applicable general plan.
3. That the site is physically suitable for the type of development.
4. That the site is physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage or substantially and__
avoidably injure fish or wildlife or their habitat.
6. That the design of the subdivision or the type of improvements are not likely
to cause serious public health problems.
RESOLUTION NO.
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.
8. That the design of the subdivision or the type of improvements will not
restrict solar access to the property.
WHEREAS, in review of this tentative tract map the Planning Commission has
considered the effect of the contemplated action on the housing needs of the region for
purposes of balancing thee needs against the public service needs of the residents of the
city of Palm Desert and its environs, with available fiscal and environmental resources; and
PRECISE PLAN
1. The design of the precise plan will not substantially depreciate property
values nor be materially injurious to properties or improvements in the
vicinity.
2. The precise plan will not unreasonably interfere with the use and
enjoyment of property in the vicinity by the occupants thereof for lawful
purposes.
3. The precise plan will not endanger the public peace, health, safety or
general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and with the findings
contained in the staff report dated May 13, 2004, constitute the findings of
the City Council in this case.
2. That Tentative Tract 31836 and Precise Plan 04-01 are hereby approved,
subject to the attached conditions.
3. That a Negative Declaration of Environmental Impact, Exhibit "A" attached,
is hereby certified.
2
RESOLUTION NO.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this day of , 2004, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
3
ROBERT A. SPIEGEL, Mayor
RESOLUTION NO.
CONDITIONS OF APPROVAL
CASE NOS. TT 31836 AND PP 04-01
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. Construction of a portion of said project shall commence within one year from
the date of final approval unless an extension of time is granted; otherwise said
approval shall become null, void and of no effect whatsoever.
3. The development of the property described herein and as defined in the
development agreement shall be subject to the restrictions and limitations set
forth herein which are in addition to 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 contemplated
by this approval, the applicant shall first obtain permits and/or clearance from
the following agencies:
Coachella Valley Water District
Palm Desert Architectural Commission
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented
to the Department of Building and Safety at the time of issuance of a building
permit for the use contemplated herewith.
5. Access to trash/service areas shall be placed so as not to conflict with parking
areas. Said placement shall be approved by applicable trash company and
Department of Community Development and shall include a recycling program.
6. Project is subject to Art in Public Places program per Palm Desert Municipal
Code Chapter 4.10. Method of compliance shall be established prior to
completion of the Architectural Review Commission process.
4
RESOLUTION NO.
7. Applicant agrees to maintain the landscaping required to be installed pursuant
to these conditions. Applicant will enter into an agreement to maintain said
landscaping for the life of the project, which agreement shall be notarized and
which agreement shall be recorded. It is the specific intent of the parties that
this condition and agreement run with the land and bind successors and
assigns. The final landscape plan shall include a long-term maintenance program
specifying among other matters appropriate watering times, fertilization and
pruning for various times of the year for the specific materials to be planted, as
well as periodic replacement of materials. All to be consistent with the Property
Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan.
The maintenance program shall be reviewed annually.
8. That the project shall operate consistent with the provisions of a development
agreement which must be adopted by the City Council, otherwise this approval
shall be null and void.
9. That the applicant shall file necessary map(s) to eliminate property line
encroachments and setback deficiencies on existing residences pursuant to the
letter dated March 10, 2004 from Randy Case.
10. That all recommended traffic mitigation measures contained in the traffic analysis
prepared by George Dunn Associates shall be conditions of this application.
11. All onsite utilities shall be underground.
12. That all units shall comply with development standards prescribed in the R-1 9,000
and PR-6 zone categories except as modified pursuant to Development Agreement
04-01.
13. The project shall be subject to all applicable fees at time of issuance of permits
including, but not limited to, TUMF and School Mitigation fees.
14. The applicant/property owner agrees to defend (with counsel chosen by the City),
indemnify, and hold harmless the City of Palm Desert, its agents, officers and
employees from any claim, action or proceeding to attack, set aside, void, or annul
the approval of this application and any other challenge pertaining to this project.
This indemnification shall include any award of attomey fees.
5
RESOLUTION NO.
The City shall promptly notify the applicant of any claim, action or proceeding and
shall cooperate fully in the defense.
15. That the applicant shall provide a tree removal plan to be approved by the City
Arborist. Said tree removal plan shall provide an assessment of the condition of
trees by a certified arborist and a tree protection plan for remaining trees.
16. That any newly created lots not presently within the Home Owner Association area
shall be annexed into the Home Owner Association area.
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code
and Palm Desert Ordinance Number 653, shall be paid prior to recordation of final
map.
2. Storm drain/retention area design and construction shall be contingent upon a
drainage study prepared by a registered civil engineer that is reviewed and
approved by the Department of Public Works prior to start of construction. Project
is required to retain onsite a 25 year storm. The maintenance of the retention
area(s) shall be by the homeowners association.
3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17
and 79-55, shall be paid prior to recordation of final map.
4. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm
Desert Municipal Code, shall be installed in accordance with applicable City
standards.
• Standard 6' curbside sidewalk shall be installed in areas being developed
where no sidewalk currently exists, and shall extend across the fairways
including the following locations.
• Along the south side of New York Avenue east to California in area #'s 2 &
8
• On both sides of Tennessee Avenue at the project entrance in area #1.
• Along the west side of Elkhorn Trail in area #6.
• Along the north side of California Avenue between Virginia Avenue and
Tennessee Avenue.
6
RESOLUTION NO.
5. As- required under Palm Desert --Municipal Code Section---26.28 and in
accordance with Sections 26.40 and 26.44, complete improvement plans and
specifications shall be submitted to the Director of Public Works for checking
and approval before construction of any improvements is commenced. Offsite
improvement plans shall be reviewed and approved by the Director of Public
Works and a surety posted to guarantee the installation of required offsite
improvements prior to recordation of the final map. Such offsite improvements
shall include, but not be limited to, curb and gutter, asphalt paving and concrete
sidewalk in an appropriate size and configuration. "As -built" plans shall be submitted
to, and approved by, the Director of Public Works prior to the acceptance of the
improvements by the City.
6. Improvement plans for utility systems shall be approved by the respective provider
or service districts with "as -built" plans submitted to the Department of Public Works
prior to project final. Utility plans shall be submitted to the Public Works Department
for improvements in the public right-of-way prior to issuance of any permits.
7. All public improvements shall be inspected by the Department of Public works and
a standard inspection fee shall be paid prior to issuance of grading permits.
8. Landscaping maintenance of any common areas shall be provided by the
homeowners association. Landscape treatment shall be water efficient in nature and
shall be in accordance with the City of Palm Desert landscape design standards.
Applicant shall be responsible for executing a declaration of Conditions, covenants
and Restrictions, which declaration shall be approved by the City of Palm Desert
and recorded with the County Recorder. The declaration shall specify: a) the
applicant shall oversee the formation of a property owners association; b) the
property owners association shall be formed prior to the recordation of the map; and
c) the aforementioned landscaping shall be the responsibility of the property owners
association. Landscaping plans shall be submitted for review simultaneously with
grading plans.
9. In accordance with Palm Desert Municipal code Section 26.44, complete grading
plans and specifications shall be submitted to the Director of Public Works for
checking and approval prior to issuance of any permits.
10. Traffic safety striping shall be installed to the specifications of the Director of Public
Works. A traffic control plan must be submitted to, and approved by, the Director of
Public Works prior to the placement of any pavement markings.
7
RESOLUTION NO.
11 Full improvements of interior streets based on residential street standards in
accordance with Section 26.40 of the Palm Desert Municipal Code shall be
provided. Applicant shall be responsible for acquiring all necessary easements for
off -site roadway improvements.
12. Complete tract map shall be submitted as required by ordinance to the Director of
Public Works for checking and approval prior to the issuance of any permits.
13. Any and all offsite improvements shall be preceded by the approval of plans and the
issuance of valid encroachment permits by the Department of Public Works.
14. A complete preliminary soils investigation, conducted by a registered soils engineer,
shall be submitted to, and approved by, the Department of Public Works prior to the
issuance of a grading permit.
15. Pad elevations, as shown on the tentative map, are subject to review and
modification in accordance with Chapter 26 of the Palm Desert Municipal Code.
16. Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust Control as well as Section 24.20, Storm Water Management
and Discharge Control.
17. Prior to the start of construction, the applicant shall submit satisfactory evidence to
the Director of Public Works of intended compliance with the National Pollutant
Discharge Elimination System (NPDES) General Construction Permit for storm
water discharges associated with construction. Developer must contact Riverside
County Flood Control District for informational materials.
18. Lot line on Lot 84 shall be adjusted prior to grading permit issuance to correct the
encroachment of adjoining residence.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above referenced plan
check, Fire Department recommends the following fire protection measures be
provided in accordance with City Municipal Codes, appropriate NFPA Standards,
CFC, and CBC and/or recognized fire protection standards.
8
RESOLUTION NO.
The Fire Department is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per UFC article 87.
2. A fire flow of 1500 gpm for a 1-hour duration at 20 psi residual operating
pressure must be available before any combustible material is placed on the job
site.
3. Provide, or show there exists, a water system capable of providing a gpm flow
of 1,500 gpm for single family dwellings.
4. The required fire flow shall be available from a wet barrel Super Hydrant(s)
(4"x2-1 /2"x2-1 /2"), located not Tess than 25' nor more than 200' from any
portion of a single family dwelling measured via vehicular travelway.
5. Water plans must be approved by the Fire Marshal and include verification that
the water system will produce the required fire flow.
6. All buildings shall be accessible by an all-weather roadway extending to within
150' of all portions of the exterior walls of the first story. The roadway shall
be not less than 24' of unobstructed width and 13'6" of vertical clearance.
Where parallel parking is required on both sides of the street, the roadway must
be 36' wide and 32' wide with parking on one side. Dead-end roads in excess
of 150' shall be provided with a minimum 45' radius turn -around 55' in
industrial developments.
7. Whenever access into private property is controlled through use of gates,
barriers or other means, provisions shall be made to install a "Knox Box" key
over -ride system to allow for emergency vehicle access. Minimum gate width
shall be 16" with a minimum vertical clearance of 13'6".
8. A second access is required. This can be accomplished by two main access
points from a main roadway or an emergency gate from an adjoining
development.
9. All buildings shall have illuminated addresses of a size approved by the City.
10. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within 12 months.
9
RESOLUTION NO.
EXHIBIT A
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: TT 31836 and PP 04-01
APPLICANT/PROJECT SPONSOR: PDCC Development LLC
601 S. Figueroa Street, Suite 3500
Los Angeles, CA 90017
PROJECT DESCRIPTION/LOCATION:
A tentative tract map to create 95 residential lots, and related precise plan of design for
certain golf course related improvements within Palm Desert Country Club. All property
being a portion of Section 13 and 14 T5S R6E.
The Director of the Department of Community Development, City of Palm Desert,
California, has found that the described project will not have a significant effect on the
environment. A copy of the Initial Study has been attached to document the reasons
in support of this finding. Mitigation measures, if any, included in the project to avoid
potentially significant effects, may also be found attached.
PHILIP DRELL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
10
May 05 04 10:20a Rlisa
7607790673 p.2
May 5, 2004
To: Honorable Mayor and City Council
City of Palm Desert
73-510 Fred Waring Dr.
Palm Desert, Ca_ 92260
From: Charles K. Sweet
43-708 Virginia Ave.
Palm Desert, Ca. 92211
Re: Palm Desert Country Club - Project Approval
May 13 th Hearing
Please accept this letter in my absence as a request to the Palm Desert City Council
to approve the proposed Palm Desert Country Club project. I have reviewed all
facets of this proposal and consider it to be a great boon to our community.
The Developers of this project are well qualified and have created a proposal that
will be a benefit to every resident within the project area.
I have been a resident of Palm Desert for 34 years and most recently residing in the
Palm Desert Country Club for the last 4 years.
Thank you in advance for your consideration and approval(s).
Charlie Sweet
760.831.7433
Received May-05-2004 09:16 from-7607790673 To —PALM DESERT PUBLIC W Page 002