HomeMy WebLinkAboutOrd 1093 and Res 05-27 C/Z 05-01 and Amendment #1 to PP/CUP 03-06 and TT 31363 - Sares Regis Group 73240 Gerald Ford DriveREQUEST:
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
Approval of a change of zone from PR-5 (planned residential, five
units per acre) to PR-13 (planned residential, 13 units per acre), and
an amendment to a precise plan/ conditional use permit and tentative
tract map for condominium purposes to construct 320 residential
condominium units on a 26.4-acre site on the north side of Gerald
Ford Drive, 636 feet east of Monterey, 73-240 Gerald Ford Drive;
APN's 653-260-029 and 653-260-021.
SUBMITTED BY: Steve Smith, Planning Manager
APPLICANT: Sares Regis Group
David Gardner
18825 Bardeen Avenue
Irvine, CA 92612
CASE NOS: C/Z 05-01 and Amendment #1 to PP/CUP 03-06 and TT 31363
DATE: March 10, 2005
CONTENTS:
Recommendation
Executive Summary
Discussion
Draft Resolution
Planning Commission Minutes
Planning Commission Resolution
Planning Commission Staff Report
Comments from other agencies
Exhibits
Recommendation:
That the City Council pass Ordinance No. 1093 to second reading
approving a change of zone from PR-5 to PR-13.
STAFF REPORT
CASE NOS. C/Z 05-01, AMENDMENT #1 TO PP/CUP 03-06 AND TT 31363
FEBRUARY 15, 2005
That the City Council adopt Resolution No.05-27 approving an amendment
to PP/CUP 03-06 and TT 31363.
Executive Summary:
BACKGROUND
May 13, 2004 the City Council approved the 320-unit Sares Regis project on 25
acres on the north side of Gerald Ford Drive. Later in 2004 the City approved the
Lowes project on the property to the west.
Between these two projects there is a 15-foot wide swath of property owned by
Verizon which extends north to a one acre site which was intended for a future
switching facility. Verizon has now determined that this switching facility is not
required.
Sares Regis is in escrow to acquire the Verizon property.
PROJECT DESCRIPTION
The applicant seeks approval of a change of zone from PR-5 to PR-13 for the 1.41-
acre property consistent with the original 25-acre site and an amendment to the
precise plan/conditional use permit and tentative map.
No additional units are proposed. The applicant will be spreading the units over
a larger area and reducing the density. Also, the additional property will allow the
project to provide larger landscaped open space areas and retention basin. Access,
architecture and on -site circulation remain unchanged. On -site parking has
increased from 760 spaces (544 covered) to 762 spaces (554 covered).
Discussion:
CHANGE OF ZONE
The change of zone from PR-5 to PR-13 will unify the zoning on the project and will
be consistent with the general plan designation of medium/high density overlay (R-
M/R-HO)
STAFF REPORT
CASE NOS. C/Z 05-01, AMENDMENT #1 TO PP/CUP 03-06 AND TT 31363
FEBRUARY 15, 2005
PRECISE PLAN/CONDITIONAL USE PERMIT
The precise plan determines the layout of streets and units on the property. The
amendment to the PP/CUP involves the relocation of streets and units along the
west side of the site and particularly in the northwest corner.
The conditional use permit portion of the request remains unchanged (i.e., a
residential condominium project).
TENTATIVE MAP AMENDMENT
The revised tentative map consolidates the original 25-acre site with the 1.41-acre
Verizon site and then overlays the condominium map on the entire site.
When recorded, the map will allow the individual units to be sold.
PROJECT DATA
CODE PROVIDED
Building Setbacks:
West as approved 0 ft. to garage*
70 ft. to main building
South 20 feet 40 feet
East 20 feet 20 feet
North as approved 8 feet to carport
69 feet to main building
Coverage 50% maximum 34%
Parking:
Covered 544 554
Open 208 208
Total 752 spaces 762 spaces
Minimum common open space 40% minimum
* Code allows the setback proposed. On the Lowes site this area is a driveway and
on the property line there will be a retaining wall which the garages will abut.
Staff Report
Case Nos. C/Z 05-01 and Amendment #1 to PP/CUP 03-06 and TT 31363
Page 4
March 10, 2005
CEQA
The previous request was reviewed for compliance with CEQA and a Negative
Declaration of Environmental Impact certified. This amendment is a minor
amendment to that project and is therefore a Class 5 Categorical Exemption.
Submitted by:
A*4,4eft
Steve Smith
Planning Manager
Department Head:
Director of Community Development
Approval: Approval:
Homer Croy
ACM for Devel
ent Services
Carlos L. Orte
City Manager
(Wpdocs\tm\sr\PP03-06.cca )
ORDINANCE NO. 1093
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 PR-5 TO PR-13 FOR 1.41 ACRES ON THE
NORTH SIDE OF GERALD FORD DRIVE 636 FEET EAST OF
MONTEREY AVENUE.
CASE NO. C/Z 03-04
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: The requested change of zone is a Class 5, Categorical Exemption
for purposes of CEQA.
SECTION 3: The City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Palm Desert Post, 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 , 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
BUFORD A. CRITES, Mayor
Subject
Property
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P.C.-(3)
ISM-AVE
P.C.D.
P.C.D.
P.C.D.
P.C.D.
P.C.-(2)
P.R.-5
Original
Property
P. C.-(2)
P.R.-5
S.1
S.
P.R.-5
GERALD FORD D:
P.R.-5
P. R
P.R.-5 P.R.-5
,II
L
P.R.-5
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P.R.-5
Proposed
Zoning Change
P.R.-5
To
P.R.-13
City of Palm Desert
Case No. C/Z 05-01 CITY COUNCIL
ORDINANCE NO. 1093
CHANGE OF ZONE
EX I
IT A Date:
RESOLUTION NO. 05-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO A PRECISE
PLAN/CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP FOR
CONDOMINIUM PURPOSES TO CONSTRUCT 320 APARTMENTS/
RESIDENTIAL CONDOMINIUM UNITS ON A 26.4-ACRE SITE ON THE
NORTH SIDE OF GERALD FORD DRIVE 636 FEET EAST OF MONTEREY
AVENUE, 73-240 GERALD FORD DRIVE, APN 653-260-029 AND APN
653-260-021.
CASE NOS. AMENDMENT #1 TO PP/CUP 03-06 AND TT 31363
WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th day
of March, 2005, hold a duly noticed public hearing to consider the request of SARES REGIS
GROUP, LLC, for approval of the above described project; and
WHEREAS, the City Council did on the 13th day of May, 2004, adopt Resolution No.
04-24 and pass Ordinance No. 1065 approving the 320-unit Sares Regis residential
condominium project; and
WHEREAS, the applicant desires to add 1.41 acres to the original 25-acre site and
amend the precise plan and tentative tract map; and
WHEREAS, the Planning Commission has reviewed the amended application and by its
Resolution No. 2324 recommended approval of same; and
WHEREAS, the applicant is not requesting any additional units beyond the 320 units
which were approved May 13, 2004; and
WHEREAS, the original project was reviewed for compliance with CEQA and a Negative
Declaration of Environmental Impact was certified; and
WHEREAS, the requested amendments and change of zone are a Class 5 Categorical
Exemption for purposes of CEQA because they are minor revisions to the previously approved
project; 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 the amendment to the precise
plan/conditional use permit and tentative tract map for condominium purposes:
Amendment #1 to Precise Plan/Conditional Use Permit:
1. The design of the amended project is consistent with the goals and objective of
the Planned Residential zone and the amended Palm Desert General Plan.
2. As conditioned, the project will be compatible with adjacent uses and will not
depreciate property values in the vicinity.
RESOLUTION NO. 05-27
3. The precise plan/conditional use permit as amended will not endanger the public
peace, health, safety or general welfare.
Amendment #1 to Tentative Tract Map 31363 for condominium purposes:
The amended tentative map will merge the lots and the project as designed complies
with the municipal code requirements for residential condominium projects.
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 constitute the findings of the
City Council in this case.
2. That the City Council hereby approves Amendment #1 to PP/CUP 03-06 and TT
31363, subject to conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this day of , 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
2
BUFORD A. CRITES, Mayor
RESOLUTION NO. 05-27
CONDITIONS OF APPROVAL
CASE NOS. C/Z 05-01 AND AMENDMENT #1 TO PP/CUP 03-06 AND TT 31363
Department of Community Development and Riverside County Fire Department:
1 . That all conditions of approval imposed pursuant to City Council Resolution No.
04-24 shall be conditions of this approval.
2. That this approval shall become null and void should Sares Regis fail to acquire
the adjacent Verizon property.
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.
3. 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 and the city's Circulation Network including the following:
• curb, gutter, and paving for a half -street section of 37 feet width (64' total),
and 8-foot meandering sidewalk on Gateway Drive. An 8-foot meandering
sidewalk is also required on Gerald Ford Drive.
• Acceleration/Deceleration lanes required on Gerald Ford entrance.
• Construction of a bus facility with turnout if required by Sunline Transit
Agency.
Rights -of -way necessary for the installation of the above referenced improvements
shall be dedicated to the city prior to the issuance of any permits associated with
this project.
4. 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 to be
approved by the Public Works Department and a surety posted to guarantee the
3
RESOLUTION NO. 05-27
installation of required offsite improvements prior to recordation of 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.
5. Improvement plans for water and sewer systems shall be approved by the
respective service districts with "as -built" plans submitted to the Department of
Public Works prior to project final.
6. 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.
7. Landscaping maintenance on Gerald Ford Drive and Gateway Drive shall be
provided by the property owner(s). 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 for maintenance of common areas. 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.
8. 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.
9. 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.
10. 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.
11. 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.
4
RESOLUTION NO. 05-27
12. 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.
13. Pad elevations, as shown on the tentative map are subject to further review and
modification in accordance with Chapter 27 of the Palm Desert Municipal Code.
14. 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.
15. 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.
16. This project shall be limited to two driveways, one on each frontage, with right turn
ingress and egress only on Gerald Ford Drive. Driveways and parking Tots shall be
inspected by the Public Works Department and a standard inspection fee paid prior
to the issuance of a grading permit.
17. Proposed dedication of Gateway Drive shall consist of 49 feet for the half -street
section (32' feet of pavement).
18. Any entry gates for the project shall be set back 100 feet from the curb -line of the
adjacent street.
19. In -lieu park fees shall be collected per State Map Act.
20. The applicant shall post a bond or cash deposit for $100,000, half of the cost of
installing a signal at the Gateway Drive entrance. Said bond or cash deposit will be
held for 5 years from the date of the first certificate of occupancy issued for the
project. After 5 years, the City shall evaluate the need for the signal. If the signal
is not necessary, the bond or cash deposit shall be reimbursed to the applicant.
21. The project shall install a signal at the intersection of Gerald Ford Drive and
Gateway Drive and be reimbursed by the City for two-thirds of the cost, if the signal
has not been installed already. If the signal has been installed, the project shall pay
an in -lieu fee for one-third of the project cost. These requirements shall be used as
credit against any other signalization fees.
5
RESOLUTION NO. 05-27
22. Project shall provide an appropriate SCE easement along Gerald Ford Drive, or as
approved by the City Engineer.
23. Preventive fencing shall be included on top of the west property line retaining wall.
//
6
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: February 15, 2005
CASE NOS: C/Z 05-01 and Amendment #1 to PP/CUP 03-06 and TT 31363
REQUEST: Recommendation to the City Council of approval of a change of zone
from PR-5 (planned residential, five units per acre) to PR-13 (planned
residential, 13 units per acre), and an amendment to a precise plan/
conditional use permit and tentative tract map for condominium
purposes to construct 320 residential condominium units on a 26.4-
acre site on the north side of Gerald Ford Drive, 636 feet east of
Monterey, 73-240 Gerald Ford Drive; APN's 653-260-029 and 653-
260-021.
APPLICANT: Sares Regis Group
David Gardner
18825 Bardeen Avenue
Irvine, CA 92612
I. BACKGROUND:
May 13, 2004 the City Council approved the 320-unit Sares Regis project on 25
acres on the north side of Gerald Ford Drive. Later in 2004 the City approved the
Lowes project on the property to the west.
Between these two projects there is a 15-foot wide swath of property owned by
Verizon which extends north to a one acre site which was intended for a future
switching facility. Verizon has now determined that this switching facility is not
required.
Sares Regis is in escrow to acquire the Verizon property.
II. PROJECT DESCRIPTION:
The applicant seeks approval of a change of zone from PR-5 to PR-13 for the 1.41-
acre property consistent with the original 25-acre site and an amendment to the
precise plan/conditional use permit and tentative map.
STAFF REPORT
CASE NOS. C/Z 05-01, AMENDMENT #1 TO PP/CUP 03-06 AND TT 31363
FEBRUARY 15, 2005
No additional units are proposed. The applicant will be spreading the units over
a larger area and reducing the density. Also, the additional property will allow the
project to provide larger landscaped open space areas and retention basin. Access,
architecture and on -site circulation remain unchanged. On -site parking has
increased from 760 spaces (544 covered) to 762 spaces (554 covered).
III. ANALYSIS:
A. CHANGE OF ZONE
The change of zone from PR-5 to PR-13 will unify the zoning on the project
and will be consistent with the general plan designation of medium/high
density overlay (R-M/R-HO)
B. PRECISE PLAN/CONDITIONAL USE PERMIT
The precise plan determines the layout of streets and units on the property.
The amendment to the PP/CUP involves the relocation of streets and units
along the west side of the site and particularly in the northwest corner.
The conditional use permit portion of the request remains unchanged (i.e.,
a residential condominium project).
C. TENTATIVE MAP AMENDMENT
The revised tentative map consolidates the original 25-acre site with the
1.41-acre Verizon site and then overlays the condominium map on the entire
site.
When recorded, the map will allow the individual units to be sold.
PROJECT DATA
CODE PROVIDED
Building Setbacks:
West as approved 0 ft. to garage*
70 ft. to main building
2
STAFF REPORT
CASE NOS. C/Z 05-01, AMENDMENT #1 TO PP/CUP 03-06 AND TT 31363
FEBRUARY 15, 2005
PROJECT DATA CONTINUED
CODE PROVIDED
South 20 feet 40 feet
East 20 feet 20 feet
North as approved 8 feet to carport
69 feet to main building
Coverage 50% maximum 34%
Parking:
Covered 544 554
Open 208 208
Total 752 spaces 762 spaces
Minimum common open space 40% minimum
Code allows the setback proposed. On the Lowes site this area is a driveway and
on the property line there will be a retaining wall which the garages will abut.
IV. CEQA:
The previous request was reviewed for compliance with CEQA and a Negative
Declaration of Environmental Impact certified. This amendment is a minor
amendment to that project and is therefore a Class 5 Categorical Exemption.
V. RECOMMENDATION:
That the Planning Commission recommend to the City Council that Case Nos. C/Z
05-01, TT 31363 Amendment #1 and PP/CUP 03-06 Amendment #1 be approved,
subject to conditions.
VI. ATTACHMENTS:
A. Draft resolution
B. Legal notice
3
STAFF REPORT
CASE NOS. C/Z 05-01, AMENDMENT #1 TO PP/CUP 03-06 AND TT 31363
FEBRUARY 15, 2005
C. Comments from city departments and other agencies
D. Plans and exhibits
Prepared by:
Steve Smith
Planning Manager
Review a - d Concu
omer Croy
ACM for Dev
/tm
ment Services
4
Reviewed and Approved by:
Phil Drell
Director of Community Development
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL
APPROVAL OF A CHANGE OF ZONE FROM PR-5 (PLANNED
RESIDENTIAL FIVE UNITS PER ACRE) TO PR-13 (PLANNED
RESIDENTIAL 13 UNITS PER ACRE), AND AN AMENDMENT TO A
PRECISE PLAN/CONDITIONAL USE PERMIT AND TENTATIVE TRACT
MAP FOR CONDOMINIUM PURPOSES TO CONSTRUCT 320
APARTMENTS/RESIDENTIAL CONDOMINIUM UNITS ON A 26.4-ACRE
SITE ON THE NORTH SIDE OF GERALD FORD DRIVE 636 FEET EAST OF
MONTEREY AVENUE, 73-240 GERALD FORD DRIVE, APN 653-260-029
AND APN 653-260-021.
CASE NOS. C/Z 05-01 AND AMENDMENT #1 TO PP/CUP 03-06 AND TT
31363
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
15th day of February, 2005, hold a duly noticed public hearing to consider the request of
SARES REGIS GROUP, LLC, for approval of the above described project; and
WHEREAS, the City Council did on the 13th day of May, 2004, adopt Resolution No.
04-24 and pass Ordinance No. 1065 approving the 320-unit Sares Regis residential
condominium project; and
WHEREAS, the applicant desires to add 1.41 acres to the original 25-acre site and
amend the on -site zoning, the precise plan and tentative tract map; and
WHEREAS, the applicant is not requesting any additional units beyond the 320 units
which were approved May 13, 2004; and
WHEREAS, the original project was reviewed for compliance with CEQA and a Negative
Declaration of Environmental Impact was certified; and
WHEREAS, the requested amendments and change of zone are a Class 5 Categorical
Exemption for purposes of CEQA because they are minor revisions to the previously approved
project; 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 recommending to City Council approval
of the change of zone, and amendment to the precise plan/conditional use permit and tentative
tract map for condominium purposes:
Change of Zone:
The change of zone to PR-13 is consistent with the zoning on the original 25-acre site
and is consistent with the general plan designation.
PLANNING COMMISSION RESOLUTION NO.
Amendment #1 to Precise Plan/Conditional Use Permit:
1. The design of the amended project is consistent with the goals and objective of
the Planned Residential zone and the amended Palm Desert General Plan.
2. As conditioned, the project will be compatible with adjacent uses and will not
depreciate property values in the vicinity.
3. The precise plan/conditional use permit as amended will not endanger the public
peace, health, safety or general welfare.
Amendment #1 to Tentative Tract Map 31363 for condominium purposes:
The amended tentative map will merge the lots and the project as designed complies
with the municipal code requirements for residential condominium projects.
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
Commission in this case.
2. That the Planning Commission does hereby recommend approval to the City
Council of C/Z 05-01 as shown on Exhibit "A" (attached), and Amendment #1
to PP/CUP 03-06 and TT 31363, subject to conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 15th day of February, 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
2
SABBY JONATHAN, Chairperson
PLANNING COMMISSION RESOLUTION NO.
CONDITIONS OF APPROVAL
CASE NOS. C/Z 05-01 AND AMENDMENT #1 TO PP/CUP 03-06 AND TT 31363
Department of Community Development and Riverside County Fire Department:
1 . That all conditions of approval imposed pursuant to City Council Resolution No.
04-24 shall be conditions of this approval.
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.
3. 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 and the city's Circulation Network including the following:
curb, gutter, and paving for a half -street section of 37 feet width (64' total),
and 8-foot meandering sidewalk on Gateway Drive. An 8-foot meandering
sidewalk is also required on Gerald Ford Drive.
Acceleration/Deceleration lanes required on Gerald Ford entrance.
Construction of a bus facility with turnout if required by Sunline Transit
Agency.
Rights -of -way necessary for the installation of the above referenced improvements
shall be dedicated to the city prior to the issuance of any permits associated with
this project.
4. 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 to be
approved by the Public Works Department and a surety posted to guarantee the
installation of required offsite improvements prior to recordation of 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"
3
PLANNING COMMISSION RESOLUTION NO.
plans shall be submitted to, and approved by, the Director of Public Works prior to
the acceptance of the improvements by the city.
5. Improvement plans for water and sewer systems shall be approved by the
respective service districts with -"as -built" plans submitted to the Department of
Public Works prior to project final.
6. 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.
7. Landscaping maintenance on Gerald Ford Drive and Gateway Drive shall be
provided by the property owner(s). 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 for maintenance of common areas. 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.
8. 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.
9. 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.
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.
11. 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.
12. 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.
4
PLANNING COMMISSION RESOLUTION NO.
13. 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.
14. Pad elevations, as shown on the tentative map are subject to further review and
modification in accordance with Chapter 27 of the Palm Desert Municipal Code.
15. 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.
16. 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.
17. This project shall be limited to two driveways, one on each frontage, with right turn
ingress and egress only on Gerald Ford Drive. Driveways and parking Tots shall be
inspected by the Public Works Department and a standard inspection fee paid prior
to the issuance of a grading permit.
18. Proposed dedication of Gateway Drive shall consist of 49 feet for the half -street
section (32' feet of pavement).
19. Any entry gates for the project shall be set back 100 feet from the curb -line of the
adjacent street.
20. / In -lieu park fees shall be collected in a similar fashion to a subdivision according to
c� a negotiated development agreement if the tract map is not completed.
21. The applicant shall post a bond or cash deposit for $100,000, half of the cost of
installing a signal at the Gateway Drive entrance. Said bond or cash deposit will be
held for 5 years from the date of the first certificate of occupancy issued for the
project. After 5 years, the City shall evaluate the need for the signal. If the signal
is not necessary, the bond or cash deposit shall be reimbursed to the applicant.
22. The project shall install a signal at the intersection of Gerald Ford Drive and
Gateway Drive and be reimbursed by the City for two-thirds of the cost, if the signal
has not been installed already. If the signal has been installed, the project shall pay
5
PLANNING COMMISSION RESOLUTION NO.
an in -lieu fee for one-third of the project cost. These requirements shall be used as
credit against any other signalization fees.
23. Project shall provide an appropriate SCE easement along Gerald Ford Drive.
24. Preventive fencing shall be included on top of the west property line retaining wall.
//
6
Subject
Property
FEREaf—A_ uE
P.C.-(3), FCOZ
P.C.-(3)
P.C.-(3)
SRFAVE
P.C.D.
P.C.D.
P.C.D.
P.C.-(2)
P.C.D.
P.R.-5
Original
Property
S1
SI.
P.R.-5
P.R
M.QNIERE
P.R.-5
GERALD FORD DR
P.R.-5
P.R.-5
P.R.-5
P.R-5
L
P.R.-5
Proposed
Zoning Change
P.R.-5
To
P.R.-13
City of Palm Desert
Case No. C/Z 05-01 PLANNING COMMISSION
RESOLUTION NO.
CHANGE OF ZONE
EXHIBIT A
Date:
CITY Of PM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2S78
TEL: 760 346-061 1
FAX: 760 341-7098
n(o@palm-deserr.org
CITY OF PALM DESERT
. LEGAL NOTICE
CASE NOS. C/Z 05-01, AND AMENDMENT #1 TO PP/CUP 03-06 AND TT 31363
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning
Commission to consider a request by SARES REGIS GROUP for approval of a Change of
Zone from PR-5 (planned residential five units per acre) to PR-13 (planned residential 13
units per acre), and an amendment to expand by 1.41 acres the previously approved
Precise Plan / Conditional Use Permit and Tentative Tract Map. No additional units are
proposed. Said property is located on the north side of Gerald Ford Drive 636 feet east of
Monterey Avenue, 73-240 Gerald Ford Drive, APN 653-260-029.
TN.
Pc (p
P [•nr
Pca
31
PCD
Subject
Property Pco
Original
Property
PCo
PC-p
IR•S
N}R
Rsr
4}F
PR 3
PR•3
PR•3
PR a
PR.5
Proposed
Zoning Chang
P.R.-5
To
P.R.-13
SAID public hearing will be held on Tuesday, February 15, 2005, at 6:00 p.m. in the
Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be heard.
Written comments concerning all items covered by this public hearing notice shall be
accepted up to the date of the hearing. Information concerning the proposed project and/or
negative declaration is available for review in the Department of Community Development
at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday. If you challenge the proposed actions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the Planning Commission at, or prior to, the public
hearing.
PUBLISH: Desert Sun PHILIP DRELL, Secretary
February 4, 2005 Palm Desert Planning Commission
CITY OF PEEED DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 76o 346-061 i
FAX: 760 341-7098
info@palm-deserr.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NOS. C/Z 05-01, AMENDMENT #1 TO PP/CUP 03-06 AND TT 31363
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City
Council to consider a request by SARES REGIS GROUP for approval of a Change of Zone from
PR-5 (planned residential five units per acre) to PR-13 (planned residential 13 units per acre), and
an amendment to expand by 1.41 acres the previously approved Precise Plan/Conditional Use Permit
and Tentative Tract Map. No additional units are proposed. Said property is located on the north
side of Gerald Ford Drive 636 feet east of Monterey Avenue, 73-240 Gerald Ford Drive, APN 653-
260-029.
TN.
Subject
Property
PC o.
P.0 O.
P C 0
PC: (A
PR
Original
Property
PR 3
(aPRALD FORD DR
PR: 5
PR: A
Proposed
Zoning Chang
P.R.-5
To
P.R.-13
SAID public hearing will be held on Thursday, March 10, 2005 before the Palm Desert City
Council at 4:00 p.m. in the Council Chamber at the Palm Desert City Hall, 73-510 Fred Waring
Drive, Palm Desert, California, at which time and place all interested persons are invited to attend
and be heard. Written comments concerning all items covered by this public hearing notice shall be
accepted up to date of the hearing. Information concerning the proposed project and/or negative
declaration is available for review in the department of community development at the above address
between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed
actions in court, you may be limited to raising only those issues you or someone else raised at the
public hearing described in this notice, or in written correspondence delivered to the planning
commission at, or prior to, the public hearing.
PUBLISH: Desert Sun RACHELLE KLASSEN
February 28, 2005 City Clerk
TO:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
INTEROFFICE MEMORANDUM
Department of Community Development/Planning
Attention: Steve Smith
FROM: Mark Greenwood, City Engineer
SUBJECT: TT 31363, PP 3-6, Lomas De Arena Apartments -Gerald Ford Drive
DATE: February 9, 2005
The following should be considered conditions of approval for the above -referenced project:
(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.
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 and the
city's Circulation Network including the following:
• curb, gutter, and paving for a half -street section of 37 feet width (64' total), and
8-foot meandering sidewalk on Gateway Drive. An 8-foot meandering
sidewalk is also required on Gerald Ford Drive.
• Acceleration/Deceleration lanes required on Gerald Ford entrance.
• Construction of a bus facility with turnout if required by Sunline Transit Agency.
Rights -of -way necessary for the installation of the above referenced improvements
shall be dedicated to the city prior to the issuance of any permits associated with this
project.
(4) 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 to be
approved by the Public Works Department and a surety posted to guarantee the
installation of required offsite improvements prior to recordation of 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"
(3)
plans shall be submitted to, and approved by, the Director of Public Works prior to the
acceptance of the improvements by the city.
(5) Improvement plans for water and sewer systems shall be approved by the respective
service districts with "as -built" plans submitted to the Department of Public Works prior
to project final.
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.
Landscaping maintenance on Gerald Ford Drive and Gateway Drive shall be provided
by the property owner(s). 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 for maintenance of common areas. 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.
(8) 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.
(9)
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.
(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) Pad elevations, as shown on the tentative map are subject to further review and
modification in accordance with Chapter 27 of the Palm Desert Municipal Code.
(15) 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.
(16) 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.
(17) This project shall be limited to two driveways, one on each frontage, with right turn
ingress and egress only on Gerald Ford Drive. Driveways and parking lots shall be
inspected by the Public Works Department and a standard inspection fee paid prior
to the issuance of a grading permit.
(18) Proposed dedication of Gateway Drive shall consist of 49 feet for the half -street
section (32' feet of pavement)
(19) Any entry gates for the project shall be set back 100 feet from the curb -line of the
adjacent street.
(20) In -lieu park fees shall be collected in a similar fashion to a subdivision according to
a negotiated development agreement if the tract map is not completed.
(21) The applicant shall post a bond or cash deposit for $100,000, half of the cost of
installing a signal at the Gateway Drive entrance. Said bond or cash deposit will be
held for 5 years from the date of the first certificate of occupancy issued for the project.
After 5 years, the City shall evaluate the need for the signal. If the signal is not
necessary, the bond or cash deposit shall be reimbursed to the applicant.
(22) The project shall install a signal at the intersection of Gerald Ford Drive and Gateway
Drive and be reimbursed bythe City fortwo-thirds of the cost, if the signal has not been
installed already. If the signal has been installed, the project shall pay an in -lieu fee for
one-third of the project cost. These requirements shall be used as credit against any
other signalization fees.
(23) Project shall provide an appropriate SCE easement along Gerald Ford Drive.
(24) Preventive fencing shall be included on top of the west property line retaining wall.
Mark Greenwood, P.E. \
G:1PubWorkslCondrtbns of Approvat\TMAPS tt 31363, pp 3-6, Lomas De Arena Apts-2 GF Dr.wpd 1.5 H
SARES • REGIS Group ®
18825 Bardeen Avenue • Irvine, CA 92612-1520 • 949-253-0455
January 14, 2005
City of Palm Desert
Attn: Phil Drell
73-510 Fred Waring Drive
Palm Desert, CA
92660
RE: Request to amend precise plan # 03-06 and tentative map # 31363
Mr. Drell & Council Members:
The purpose of this application is to request to amend the precise plan and tentative map for the
Enclave Condominium project (Formerly known as Lomas De Arena Apartments), a 320 unit
condominium project located in the City of Palm Desert.
In finalizing the design of our project, we have recently recognized a need to acquire an
additional 1.41 acres of land to be incorporate into our project's overall site plan.. While not
adding any additional units, we feel that such a change will offer many additional benefits to
future residents. One of which will be a much more open and desirable outdoor atmosphere.
Moreover, the additional acreage will accommodate a larger landscaped storm water retention
basin allowing our project to retain all of its storm water on -site.
The additional acreage will consist of a parcel that borders to the west and to the north of the
project's outer perimeter (see attached site plan). Currently, the parcel is owned in fee by
Verizon communications. The parcel includes a 15' wide strip containing approximately .41
acres located along the westerly boundary line of the project (see site plan) and approximately 1
acre located on the project's North West corner. The parcel is currently under negotiation to be
purchased from Verizon.
Unfortunately, the Verizon parcel does not yet meet current zoning requirements with regards to
density. Because of this, a change of zone application is also being submitted with this letter.
(Please see attached Zone Change Application Form).
Moreover, since the project has already been through the approval process, we respectfully
request your approval based on a simple amendment process rather than a full tentative tract
map application process.
We are confident that these minor amendments to the tentative map and precise plan as
mentioned above will provide many added benefits to the project's future residents. We hope
that you will share in our vision and grant the request herein submitted.
Thank you, _
David Gardner
SARES • REGIS Group®
949-809-2516
STRATEGIC ALLIANCES IN REAL ESTATE SERVICES
18825 BARDEEN AVE., IRVINE, CA 92612-1520 (949) 253-0455 FAX (949) 253-0475
March 2, 2005
SARES • REGIS Group ®
18825 Bardeen Avenue • Irvine, CA 92612-1520 •949-253-0455
City of Palm Desert
Attn: Phil Drell
73-510 Fred Waring Drive
Palm Desert, CA 92660
RE: Request for Park Fee Reduction (Case Nos. C/Z 05-01 and amendment #1 to PP/CUP 03-06 and TT 31363)
Mr. Drell & Council Members:
Greetings, we appreciate the City's time and attention in considering our request for a park fee reduction for
the Enclave Condominium Community.
Pursuant to item No. 19 of the conditions of approval dated Feb. 22, 2005 of planning commission
resolution No. 2324 we are requesting a reduction to said "in -lieu" park fee due to the high level of on -site
amenities which our project will be offering its residents. Below is a list of the amenities and our costs to
provide them:
Amenities Costs
Clubhouse $374,325
Swimming pools (2) $195,041
Spas (2) $48,761
Cabana building $47,472
Shaded picnic structures (5) $35,000
BBQ and picnic Areas (3) $12,040
Tot lot area $45,000
Putting green $15,000
Fitness center $128,685
TOTAL COST $901,324
In addition to the above, our site includes plenty of open landscape and walking paths for the residents to
use as they see fit.
Based on the City's current park fee assessment formula, park fees levied on our project could total as much
as $475,000. Unfortunately, the current park fee formula is set up in such a way as to assess every project
the same, regardless of whether or not any on -site amenities are offered to residents. As outlined above, our
site will contain a high number of first-class amenities which we believe to be more than adequate to support
the resident demand. Such being the case, the City will be relieved of the burden of providing such facilities
for the future residents our project will attract. We therefore request that the park fees levied on our project
(that would otherwise help the City of Palm Desert pay the costs of providing such facilities) be reduced by
fifty percent (50%).
We believe that our request is fair considering the level of on -site amenities that our project will offer its
residents versus what other projects of similar nature have offered in the past. We thank you for your time
and attention and hope that you will share in our concerns regarding this important matter and grant the
request herein submitted.
Sincerely,
David Gardner
Sares-Regis Group
STRATEGIC ALLIANCES IN REAL ESTATE SERVICES
18825 BARDEEN AVE., IRVINE, CA 92612-1520 (949) 253-0455 FAX (949) 253-0475