HomeMy WebLinkAboutRes 05-102 PM 33996 Mountains at BighornI. TO:
A.
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
Honorable Mayor and City Council
REQUEST: Approval of a parcel map to subdivide a common lot creating a
home site and compliance with an implementation agreement at the
corner of Metate Place within the "Mountains at Bighorn" Golf Club.
APPLICANT: Bighorn Development
255 Palowet
Palm Desert CA, 92260
CASE NO. PM 33996
DATE: November 10, 2005
CONTENTS:
A. Staff Recommendation
B. Background
C. Draft City Council Resolution
D. Bighorn Land Use Plan
E. Legal Notice
F. Planning Commission Resolution No. 2358
G. Planning Commission Staff report dated October 18, 2005
H. Parcel Map, Grading Plan and slope exhibit.
STAFF RECOMMENDATION
Waive further reading and adopt Resolution No. 05-102 approving PM 33996 and
determining the application to comply with the implementation agreement.
B. BACKGROUND:
The parcel map creates a home site that will be located halfway up a 40' hillside in the
northeast corner of Bighorn, bordered to the east by the Palm Valley Channel. Exhibits
are attached showing how the fill slopes will be re -naturalized and any future structure will
be partially screened from below.
Adjacent homes within Bighorn are approximately 18' higher than the proposed pad, and
adjacent homes in the Cahuilla Hills area range from 20' above to 43' below the proposed
pad height. Access to the site will follow contours downhill diagonally from Metate Place.
Resolution No. 05-102
STAFF REPORT
PM 33996
NOVEMBER 10, 2005
The 2 acres were left undeveloped for many years due to its isolated position and
planning constraints. The applicant proposed a golf caddie parking lot at the bottom of
the hill a couple of years ago with access from the unincorporated Cahuilla Hills area and
was met with opposition from that community. This resulted in the subject home site
application with access from Bighorn, accompanied with a letter of support from the
adjacent homeowner in the Cahuilla Hills.
The property was not covenant or dedicated open space on approved implementation
land use plans, but was not shown for development been shown for development.
Because of this, staff felt council review was necessary due to its prior involvement in the
project. The agreement specifies a maximum of 344 homes and this application brings
the total possible number of homes to 301.
Submitted By:
az 4�'
Phil Joy
Associate Transportation Planner
Department Head:
Philip Dral"
Director of Community Development
App ' ved by:
Homer Croy, si tant City Manager for Development Services
Carlos L. Ortega, City Manager
2
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CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Department of Community Development/Planning
Attention: Ryan Stendell
FROM: Mark Greenwood, City Engineer
SUBJECT: PM 33996 1 lot subdivision on Metate PI at Mtns of Bighorn
DATE: August 25, 2005
The following should be considered conditions of approval for the project;
GENERAL
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.
2. 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.
3. The maintenance of the retention area shall be by the property owner.
BONDS AND FEES
4. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code
shall be paid prior to recordation of final map.
5. 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.
6. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF)
Payment of said fees shall be at the time of building permit issuance.
7. A standard inspection fee shall be paid prior to issuance of grading permits.
DESIGN PLANS
8. 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 on -site the incremental increase in drainage for a 100 year storm.
9. Complete grading and improvement plans and specifications on electronic files shall
be submitted to the Director of Public Works for checking and approval prior to
issuance of any permits.
10. 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.
11. Complete parcel 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. Pad elevations, as shown on the parcel map are subject to review and modification in
accordance with Chapter 26 of the Palm Desert Municipal Code.
14. Landscape installation shall stress native plants.
15. Landscape plans shall be submitted for review concurrently with grading plans.
16. Waiver of access to Metate Place, except at approved locations, shall be granted on
the final map.
REQUIRED CONSTRUCTION
17. 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.
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.
18. All public and private improvements shall be inspected by the Department of Public
Works and a standard inspection fee shall be paid prior to issuance of grading
permits. No occupancy permit shall be granted until public improvements have been
completed.
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19. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12,
Fugitive Dust Control as well as Section 24.20, Stormwater Management and
Discharge Control.
20. 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.
Mark Green ood, P.E.
G 1PuoWorkskCondtrons of ApprovaAT&fAPSIPM 93996 &ghorn Mtns-1 lot wpd
calm Desert Fire Marshal Office
In cooperation with Riverside County Fire Department
73710 Fred Waring Dr. Suite 102 Palen Desert Ca 92260 760-346-1870 fax 760-779-1959
September 13, 2005
Applicants: Bighorn Development, LLC
255 Palowet
Palm Desert, Ca 92260
Project: TT within the Canyons at Bighorn
Case (s) #: TT 33996 / TTM 05-316
RECEIVED
15 20M
COMMUNITYVEPAETMENT
OF ALM DESERT
Re: Request for approval to subdivide lot "D" of Track map 28287, creating one usable
lot.
All buildings shall be accessible by an all weather roadway extending to within 150'of
all portions of the exterior wall of the first story. The roadway shall not be less then 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 feet shall be provided with a
minimum 45' radius turn -around, 55' in industrial developments.
The required water system including fire hydrants shall be installed and accepted by the
appropriate water agency prior to any combustible building material being placed on
and individual lot. Three sets of water plans are to be submitted to the Fire Marshal
Office.
The applicant or developer shall prepare and submit to the fire Marshals Office for
approval, a site plan designating required fire lanes with appropriate lane painting and
signs.
Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side
that the fire hydrant is on, to identify hydrant locations.
Post -it` Fax Note
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Any questions regarding the meaning of these conditions should be referred to the Palm
Desert Fire Marshals office at 760-346-1870, located at 73710 Fred Waring suite 4102
Palm Desert, Ca 92260
espectfully,
Neal Stephenson
Fire Safety Specialist
David A. Avila
Fire Marshal
PALM ,DESERT POLICE DEPAR)L MENT
Served by the
Riverside County Sheriffs Department
Bob Doyle, Sheriff -Coroner
73520 Fred Waring Drive
Palm Desert, CA 92260
(760) 836-1600 Fax (760) 836-1616
September 14, 2005
City of Palm Desert
Planning Department
73510 Fred Waring Dr.
Palm Desert, CA 92260
ATTN: Ryan Stendell, Assistant Planner
RE: TT 33996
Dear Mr. Stendell,
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RECEIVED
SEP 19 2005
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF PALM DESERT
Thank you for the opportunity to comment on the proposed subdivision Lot D of Tract 28287, creating
one usable lot within the Canyons at Bighorn. The plans submitted did not show the individual structure
for this lot so I will reserve the right to further comment on the residential plan if requested to do so. At
this time I do not see any police concerns as to this subdivision.
Should the Planning Department Manager, developer, or construction staff have any questions regarding
the above law enforcement and public safety concerns, they may contact Deputy Robert Bishop at (760)
836-1671, between the hours of 8:00 AM and 5:00 PM, Monday through Friday.
Res ct lly Submitted,
eputy Ro Artop
ID # 2759
Palm Desert Police Department
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NN AT E R ESTABLISHED IN 1918 AS A PUBLIC A6...CY
��STRIG� COACHELLA VALLEY WATER DISTRICT
POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (760) 398-2651 • FAX (760) 398-3711
DIRECTORS OFFICERS
PETER NELSON, PRESIDENT STEVEN B. ROBBINS.
PATRICIA A LARSON VICE PRESIDENT GENERAL MANAGER -CHIEF ENGINEER
TELLIS CODEKAS MARK BEUHLER
JOHN 1V McFADDEN ASST GENERAL MANAGER
RUSSELL KITAHARA JULIA FERNANDEZ, SECRETARY
August 22, 2005 DAN PARKS, ASST TO GENERAL ,MANAGER
REDWINE AND SHERRILL, ATTORNEYS
File: 0163.1
0421.1
0721.1
RECEIVED
AUG 2 6 20M
Department of Community Development
City of Palm Desert COMMUNITY DEVELOPMENT DEPARTMENT
73-510 Fred Waring Drive CITY OF PALM DESERT
Palm Desert, CA 92260
Gentlemen:
Subject: To No. 33996
This area is designated Zone B on the Federal Flood Insurance Rate Maps, which are in
effect at this time, by the Federal Emergency Management Agency.
Since the stormwater issues of this development are local drainage, the District does not need
to review drainage design further.
This area lies on the mountain slopes west of Highway 74 and is not subject to flooding from
stormwater flows except in rare instances. The runoff from the adjacent local drainage areas
can cause serious damage to improvements. The design of interior drainage works should
include provisions for solving this local drainage problem.
The District will furnish domestic water and sanitation service to this area in accordance with
the current regulations of this District. These regulations provide for the payment of certain
fees and charges by the subdivider and said fees and charges are subject to change.
This area shall be annexed to Improvement District Nos. 54 and 80 of the District for
sanitation service.
Plans for grading, landscaping and irrigation systems shall be submitted to the District for
review. This review is for ensuring efficient water management.
TRUE CONSERVATION
USE WATER WISELY
Department of Community Development
City of Palm Desert 2 August 22, 2005
If you have any questions please call Kesi Sekhon, Stormwater Engineer, extension 2290.
Yours ve ly,
Mark L. Johnson
Director of Engineering
cc: Jeff Johnson
Riverside County Department of Public Health
82-675 Highway 111, CAC Building, Second Floor, Room 209
Indio, CA 92201
KS:dd\en&w1051aug1tt33996
060501-1
COACHELLA VALLEY WATER DISTRICT
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July 21, 2005
Ms. Ann C. Cooper
P. O. Box 3956
Palm Desert, CA 92260
Mr. Phil Drell
Director of Community Development
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Re: Consent to Development ofHomesite
Dear Phil:
RECEIVED
AUG 10 20M
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF PALM DESERT
I have reviewed the proposed plan for the homesite to be developed on the Mountains side of
BIGHORN, which would be contiguous to my property. I have no objection to the development
of the homesite at that location, its size (approx. 2 acres) and elevation (Pad @ 865').
BIGHORN assures me that the slope, which faces my property, will be constructed according to
prudent grading, compacting and construction standards and that it will be landscaped consistent
with the landscaping of other slope areas at BIGHORN, including the use of rock and boulder
materials, bougainvillea, lantana and other desert plant material.
Please accept this letter as my support for the homesite and its development.
Sincerely,
Ann C. Cooper
RECEIVED
OCT 18 2005
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CITY COUNCIL RESOLUTION NO. 05-1 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA APPROVING A PARCEL MAP CREATING
A HOME SITE ON METATE PLACE AND DETERMINING THE
APPLICATION TO BE IN COMPLIANCE WITH AN
IMPLEMENTATION AGREEMENT FOR THE "MOUNTAINS OF
BIGHORN" GOLF CLUB
CASE NO. PM 33996
WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th day of
November, 2005 hold a duly noticed public hearing to consider an application for the above
described project by Bighorn Development; and
WHEREAS, the Planning Commission did on the 18t' day of October 2005 by its
Resolution No. 2358 approve Parcel Map No. 33996; and
WHEREAS, at said City Council public hearing, the City Council did find the following
facts and reasons to exist to grant approval of the appeal:
That the design or improvements of the proposed map is consistent with applicable
general and specific plans.
2. That the site is physically suitable for residential development.
3. That the design of the parcel map or the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
4. That the design of the parcel or the type of improvements is not likely to cause
serious public health problems.
5. That the site is physically suitable for the type of development
6. That the proposed map is consistent with applicable general and specific plans.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
California, as follows:
That the above recitations are true and correct and constitute the findings of the
City Council in this case.
2. That approval of Parcel Map 33996 is hereby granted for reasons subject to the
attached conditions.
CITY COUNCIL RESOLUTION NO. 05-102
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 10th day of November, 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE KLASSEN, City Clerk
City of Palm Desert, California
E
Buford Crites, Mayor
CITY COUNCIL RESOLUTION NO. 05-102
CONDITIONS OF APPROVAL
CASE NO. TPM 33996
Department of Communitv 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. All requirements of any law, ordinance or regulation of the state, city and any
other applicable government entity, shall be complied with as part of this map.
3. Recording of final map shall take place within 2 years of the date of this approval
unless an extension of time is granted; otherwise said approval shall become
null, void and of no effect whatsoever.
4. All development on the properties shall conform to design standards in Section
25.15.050 (Hillside Planned Residential) of the City's Zoning Ordinance
Department of Public Works:
GENERAL
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.
2. 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.
3. The maintenance of the retention area shall be by the property owner.
3
CITY COUNCIL RESOLUTION NO. 05-102
BONDS AND FEES
4. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal
Code shall be paid prior to recordation of final map.
5. 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.
6. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF)
Payment of said fees shall be at the time of building permit issuance.
7. A standard inspection fee shall be paid prior to issuance of grading permits.
DESIGN PLANS
8. 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 on -site the incremental increase in drainage for a 100
year storm.
9. Complete grading and improvement plans and specifications on electronic files
shall be submitted to the Director of Public Works for checking and approval
prior to issuance of any permits.
10. 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.
11. Complete parcel 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. Pad elevations, as shown on the parcel map are subject to review and
modification in accordance with Chapter 26 of the Palm Desert Municipal Code.
14. Landscape installation shall stress native plants.
4
CITY COUNCIL RESOLUTION NO.05-102
15. Landscape plans shall be submitted for review concurrently with grading plans.
16. Waiver of access to Metate Place, except at approved locations, shall be granted
on the final map.
REQUIRED CONSTRUCTION
17. 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.
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.
18. All public and private improvements shall be inspected by the Department of
Public Works and a standard inspection fee shall be paid prior to issuance of
grading permits. No occupancy permit shall be granted until public
improvements have been completed.
19. Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust Control as well as Section 24.20, Stormwater Management
and Discharge Control.
20. 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.
SPECIAL CONDITIONS
21. Existing fill on site must be over -excavated in its entirety and replaced under the
direction of a licensed soils engineer and to the satisfaction of the city engineer.
22. Landscape plan shall be approved by the City's Architectural Committee prior to
issuance of a grading permit, and installed prior to final grading inspection.
Fire Department:
All buildings shall be accessible by an all weather roadway extending to within
150' of all portions of the exterior wall of the first story. The roadway shall not be
less than 24' of unobstructed width and 13'6" of vertical clearance. Dead-end
roads in excess of 150' shall be provided with a minimum 45' radius turn -around.
CITY COUNCIL RESOLUTION NO.05-102
2. The required water system including fire hydrants shall be installed and accepted by
the appropriate water agency prior to any combustible building materials being
placed on the lot. Three sets of water plans are to be submitted to the Fire Marshal.
3. The applicant or developer shall prepare and submit to the Fire Marshal's office for
approval, a site plan designating required fire lanes.
4. blue dot retro-reflectors shall be placed in the street 8" from centerline to the side
that the fire hydrant is on, to identify hydrant locations.
0
LAND USE SUMMARY
TRACT NO. 281.61 TRACT NO. 21018
TRACT NO. 28088
TRACT NO. 2733I
TRACT NO, 27228
TRACT MO, 27120
TOTAL
• • •
Ulesaatt.:
•
94.Allt 'Wog. 'Wiliam giosl
MINUTES
PALM DESERT PLANNING COMMISSION OCTOBER 18.2005
V. SUMMARY OF COUNCIL ACTION
Mr. Drell reported that there were no Planning Commission related items on
the last Council agenda.
VI. ORAL COMMUNICATIONS
None.
VII. CONSENT CALENDAR
None.
VII1. PUBLIC HEARINGS
Anyone who challenges any hearing matter in court may be limited to raising
only those issues he, she or someone else raised at the public hearing
described herein, or in written correspondence delivered to the Planning
Commission at, or prior to, the public hearing.
A. Case No. PM 33996 - BIGHORN DEVELOPMENT, Applicant
Request for approval of a tentative parcel map to allow the
subdivision of a common lot to create a home site on Metate
Place within the "Mountains of Bighom" golf club.
Mr. Joy reviewed the staff report and background of the case. He stated that
he spoke to one of the residents of Cahuilla Hills who requested clarification
of one of the conditions of approval. Community Development Condition No.
5 says it is for emergency access only and CVWD maintenance. He
recommended clarifying the emergency use only language by amending the
condition to say for police, fire and paramedics.
He said that through experience developing home sites in Bighorn, staff
found there has been a tremendous blending of homes in with the
surrounding area. Staff felt this could also be done in this case. As part of the
overall plan for Bighom Golf Club, what City Council worked out was an
implementation agreement that allowed them to develop some extra home
sites in return for the reduced density overall. At one time Bella Vista was
approved with approximately 1,100 units. Rather than that, an
2
MINUTES
PALM DESERT PLANNING COMMISSION OCTOBER 18. 2005
implementation agreement reduced the total to 344 units. Right now they
have 300 units. The site under discussion was originally designated as open
space, not so much to remain open space in perpetuity, but was a remnant
parcel.
Mr. Joy recommended that the Planning Commission approve this site for a
homesite and recommend to the City Council approval of the parcel map and
amendment to the implementation agreement. He noted that the resolution
said it was approval, but should be changed to be a recommendation of
approval to City Council and it would be a public hearing there as well.
Commissioner Jonathan asked for clarification on the proposed amendments
to the resolution. Mr. Drell noted that the implementation agreement
originally didn't show this piece of ground as a developable site, so the
Council would have to add this as a developable part of the property.
Commissioner Lopez noted that the amendment that Mr. Joy recommended
regarding emergency access was to Community Development Condition No.
5. Mr. Joy said that was correct.
Chairperson Tschopp opened the public hearing and asked the applicant to
address the Commission.
MR. CARL CARDINALLI, 535 Mesquite Hills in Palm Desert,
addressed the Commission. Regarding the emergency access
condition, he thought it was appropriate. He also requested that their
privacy department, as part of the homeowners association, have
access through it in times of emergency. It wasn't for their regular
use, but only in times of emergency that the HOA would access HOA
areas. He asked for any questions.
Commissioner Lopez asked if they were the in-house security.
Mr. Cardinalli said yes, they are the Bighorn Security Department.
Commissioner Jonathan reiterated that it was not for on -going needs, but for
special needs or emergency access.
Mr. Cardinalli concurred, explaining the access issues of using
intemal streets.
3
MINUTES
PALM DESERT PLANNING COMMISSION OCTOBER 18.2005
Chairperson Tschopp asked if anyone wished to speak in FAVOR or
OPPOSITION. There was no one and the public hearing was closed.
Chairperson Tschopp asked for Commission comments or action.
Commissioner Campbell stated that she would move for approval and add
Condition No. 6 for Bighom Security Department to use the gate.
Commissioner Jonathan asked if she would want to just make that part of the
amendment to Condition No. 5. Commissioner Campbell agreed. She also
included the implementation agreement amendment.
Action:
It was moved by Commissioner Campbell, seconded by Commissioner
Jonathan, approving the findings as presented by staff. Motion carried 4-0
(Commissioner Finerty was absent).
It was moved by Commissioner Campbell, seconded by Commissioner
Jonathan, adopting Planning Commission Resolution No. 2358, approving
Case No. PM 33996, subject to conditions as amended. Motion carried 4-0.
B. Case No. CUP 05-08 - DEBORAH KENT AND ANITA DRISCOLL,
Applicants
Request for approval of a conditional use permit to allow a
2,000 square foot exercise/dance studio located at 74-133 El
Paseo, Suite 6.
Mr. Stendell reviewed the staff report and recommended approval.
Commissioner Jonathan noted that a letter from Mr. Rasmussen was
received expressing some concern regarding the potential for overflow
parking onto his property. He asked if that was considered. Mr. Stendell said
yes, it was one of the first things addressed. Condition No. 4 stated that
parking would be onsite and not in adjacent residential neighborhoods. He
suggested amending the condition to also preclude overflow parking in
adjacent commercial neighborhoods.
Chairperson Tschopp opened the public hearing and asked the applicant to
address the Commission.
4
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CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: October 18, 2005
CASE NO: PM 33996
REQUEST: Approval of a tentative parcel map to allow the subdivision of a common
lot to create a home site on Metate Place within the "Mountains of
Bighorn" Golf Club.
APPLICANT: Bighorn Development RBF Consulting
255 Palowet 74410 Hwy. 111
Palm Desert, CA 92260 Palm Desert, CA 92260
BACKGROUND:
The 4-acre common lot parcel is vacant and zoned Planned Community Development
as part of the Bighorn Development. Roughly half of the parcel is in a triangular shaped
area bounded by the Palm Valley Channel to the east, the unincorporated Cahuilla Hills
area outside of Bighorn to the north, and homes within Bighorn across Metate Place to
the south and west. The other half of the parcel is approximately 40' x 2,444' and forms
a buffer between the homes along Metate within Bighorn and homes in the
unincorporated Cahuilla Hills area to the north.
The triangular shaped area of the parcel is considered a remnant of the original
development since it is north of Metate Place in the northeast comer of the portion of
Bighorn, west of the Palm Valley Channel -while all of the Bighorn development in this
area is south of Metate Place. The parcel naturally slopes northeast from a peak
elevation of 885' to 830'. There is an access road alongside the channel that leads from
the Cahuilla Hills area to Metate Place.
The triangular area is currently being used for stockpiling of dirt for Bighorn. The dirt will
remain if the map is approved and removed with the site restored to its natural state if
the map is not approved. If approved, the existing fill would be required to be over -
excavated and replaced under the direction of a soils engineer to the satisfaction of the
City Engineer.
The applicant previously graded a parking lot on the site and was planning an entrance
through the Cahuilla Hills area. This resulted in 80 postcards from area residents
requesting notification of any hearing. The parking lot proposal was then replaced by the
current application that does not include any plans for use as an entry/exit to Bighorn.
STAFF REPORT
PM 33996
OCTOBER 18, 2005
A. ADJACENT ZONING / LAND USE:
North: / single family home
South PCD / single family homes
East: Open Space / Palm Valley Channel
West: PCD / single family homes
B. GENERAL PLAN DESIGNATION:
Residential Low Density (0-4 du/ac)
II. TENTATIVE PARCEL MAP DESCRIPTION:
The application at this time is for the creation of a lot for a future home that would be
reviewed by the city's Architectural Committee. The map subdivides the triangular area
of the common lot from the buffer strip along Metate Place to create a home site with a
net acreage of 2 acres. Due to the slopes and the required renaturalization, there would
be approximately 12,000 sq. ft. of pad area in the same triangular shape.
Primarily filling in the ravine area will create the home site so that the pad will be
elevated with access from Metate Place. An alternative project would be to have a
lower pad level with access from the channel access road.
The proposed access from Metate Place slopes down 11' from the curb cut at 876'
elevation to a pad elevation of 865'. This compares to adjacent pad heights of 883' on
Metate Place -minimum 120' to the south, 885' for the hilltop home in the Cahuilla Hills-
350' to the west, and 822' for the Cahuilla Hills home-160' to the north. Current
stockpiling on the site has reached an elevation of 853'.
The applicant has worked with Ann Cooper, the adjacent Cahuilla Hills homeowner to
the north, who has written a letter supporting the application. Due to the site's isolated
location, no other properties would be impacted by a loss of view shed.
III. IMPLEMENTATION AGREEMENT
The development is subject to an implementation agreement that the council last
reviewed in 1999. The agreement specified a maximum of 344 homes in the project
and this new lot will increase this total to 301 possible homes
2
QO
STAFF REPORT
PM 33996
OCTOBER 18, 2005
IV. ANALYSIS
A. Findings For Approval of Tentative Parcel Map
1. That the proposed map is consistent with applicable general and specific
plans.
The proposed parcel map is consistent with the general plan and
implementation agreement.
2. That the design or improvements of the proposed map are consistent with
applicable general and specific plans.
• The new parcel meets all zoning ordinance requirements and is consistent
with the general plan.
3. That the site is physically suitable for the type of development.
Improved streets with necessary utilities currently serve the property and
development will occur in concert will local requirements.
4. The site is physically suitable for residential development.
The proposed lot sizes are consistent with the implementation agreement
and the Low Density General Plan designation.
5. That the design of the parcel map or the proposed improvements are not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
• No significant environmental damage will occur to any fish or wildlife or
their habitat.
6. That the design of the parcel or the type of improvements is not likely to
cause serious public health problems.
The design of the parcel map is consistent with all provisions of the zoning
ordinance. Any development on the proposed parcels will meet City
development standards and the Uniform Building Code.
3
STAFF REPORT
PM 33996
OCTOBER 18, 2005
B. Environmental Review:
The Director of Community Development has determined that the project is a
Class 15 (Minor Land Divisions) categorical exemption for purposes of CEQA
and no further documentation is required.
V. RECOMMENDATION:
Staff feels that it has proven over the years that any possible visual impacts by a
project such as this have been eliminated by careful site and building design. For
example, a project can incorporate features such as placement of large varnished
rocks and desert plants, both on the slopes and on the pad edges, that blend with
surrounding natural areas and partially obscure future structures. Use of rock veneers,
careful color selection and varying roof lines have further blended the structures with
their surroundings.
Therefore, staff recommends that the Planning Commission adopt findings and Planning
Commission Resolution No. , approving Tentative Parcel Map 33996, subject to
conditions.
VI. ATTACHMENTS:
A. Draft Resolution
B. Legal notice
C. Comments from other departments
D. Ann Cooper letter
E. Tentative Parcel Map 33996, grading plan, and photo simulation.
Prepared :
bY
Phil Joy
Associate Transportation Planner
Reviewed and A pr v d by:
d b
Philip Drell
Director of Community Development
:R/eviewand oved by:
ACM for D opment Services
12
PLANNING COMMISSION RESOLUTION NO. 2358
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO
CITY COUNCIL APPROVAL OF A TENTATIVE PARCEL MAP TO
SUBDIVIDE A COMMON LOT TO CREATE A HOME SITE ON
METATE PLACE WITHIN THE "MOUNTAINS OF BIGHORN'"
GOLF CLUB AND AMENDMENT TO THE IMPLEMENTATION
AGREEMENT TO ALLOW AN ADDITIONAL RESIDENTIAL LOT.
CASE NO. TPM 33996
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
18th day of October, 2005, hold a duly noticed public hearing to a consider a request by
Bighorn Development for the above mentioned; 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. 05-52," in that the Director of Community Development has determined that the project is a
Class 15 (Minor Land Divisions) categorical exemption for purposes of CEQA and no further
documentation is necessary; 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 granting approval of said tentative parcel
map:
1. That the design or improvements of the proposed map is consistent with
applicable general and specific plans.
2. That the site is physically suitable for residential development.
3. That the design of the parcel map or the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat.
4. That the design of the parcel or the type of improvements is not likely to cause
serious public health problems.
5. That the site is physically suitable for the type of development
6. That the proposed map is consistent with applicable general and specific plans.
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.
PLANNING COMMISSION RESOLUTION NO. 2358
2. That approval of the Tentative Parcel Map 33996 and amendment to the
implementation agreement are hereby recommended to the City Council, subject
to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 18th day of October, 2005, by the following vote, to wit:
AYES: CAMPBELL, JONATHAN, LOPEZ, TSCHOPP
NOES: NONE
ABSENT: FINERTY
ABSTAIN: NONE
DAVID E. TSCHOPI', Ch1i rss
ATTEST:
T�PHILIPP
DRELL Secretary
Palm Desert Planning Commission
PLANNING COMMISSION RESOLUTION NO. 2358
CONDITIONS OF APPROVAL
CASE NO. TPM 33996
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. All requirements of any law, ordinance or regulation of the state, city and any other
applicable government entity, shall be complied with as part of this map.
3. Recording of final map shall take place within 2 years of the date of this approval unless
an extension of time is granted; otherwise said approval shall become null, void and of
no effect whatsoever.
4. All development on the properties shall conform to design standards in Section
25.15.050 (Hillside Planned Residential) of the City's Zoning Ordinance.
5. Access gate at northern project boundary at the Palm Valley Channel shall be used for
police, fire, paramedics, Bighorn security, and CVWD maintenance only.
Department of Public Works:
GENERAL
1. 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.
2. 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.
3. The maintenance of the retention area shall be by the property owner.
3
PLANNING COMMISSION RESOLUTION NO. 2358
BONDS AND FEES
4. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code
shall be paid prior to recordation of final map.
5. 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.
6. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF)
Payment of said fees shall be at the time of building permit issuance.
7. A standard inspection fee shall be paid prior to issuance of grading permits.
DESIGN PLANS
8. 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 on -site the incremental increase in drainage for a 100 year storm.
9. Complete grading and improvement plans and specifications on electronic files shall
be submitted to the Director of Public Works for checking and approval prior to
issuance of any permits.
10. 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.
11. Complete parcel 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. Pad elevations, as shown on the parcel map are subject to review and modification in
accordance with Chapter 26 of the Palm Desert Municipal Code.
14. Landscape installation shall stress native plants.
15. Landscape plans shall be submitted for review concurrently with grading plans.
16. Waiver of access to Metate Place, except at approved locations, shall be granted on
the final map.
2
PLANNING COMMISSION RESOLUTION NO. 2358
REQUIRED CONSTRUCTION
17. 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. 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.
18. All public and private improvements shall be inspected by the Department of Public
Works and a standard inspection fee shall be paid prior to issuance of grading
permits. No occupancy permit shall be granted until public improvements have been
completed.
19. Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12,
Fugitive Dust Control as well as Section 24.20, Stormwater Management and
Discharge Control.
20. 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.
SPECIAL CONDITIONS
21. Existing fill on site must .be over -excavated in its entirety and replaced under the
direction of a licensed soils engineer and to the satisfaction of the city engineer.
22. Landscape plan shall be approved by the City's Architectural Committee prior to
issuance of a grading permit, and installed prior to final grading inspection.
Fire Department:
1. All buildings shall be accessible by an all weather roadway extending to within 150' of
all portions of the exterior wall of the first story. The roadway shall not be less than 24'
of unobstructed width and 13'6" of vertical clearance. Dead-end roads in excess of
150' shall be provided with a minimum 45' radius turn -around.
2. The required water system including fire hydrants shall be installed and accepted by
the appropriate water agency prior to any combustible building materials being placed
on the lot. Three sets of water plans are to be submitted to the Fire Marshal.
3. The applicant or developer shall prepare and submit to the Fire Marshal's office for
approval, a site plan designating required fire lanes.
5
PLANNING COMMISSION RESOLUTION NO. 2358
4. Blue dot retro-reflectors shall be placed in the street 8" from centerline to the side that
the fire hydrant is on, to identify hydrant locations.
0
CIIY 0[ IOOM4"�1M 0 1 S I N I
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-o61 I
FAX:760 341-7098
, foepa,m-des— .,S
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. PM 33996
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning
Commission to consider a request by Bighorn Development for approval of a Parcel Map to slow
the subdivision of a commn lot to create a home site northeast of the comer on Metate Place
within the "Mountains of Bighorn" Golf Club, APN 771-320-025
L
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SAID public hearing will be held on Tuesday, October 18, 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
commehts concerning all items covered by this public hearing notice shall be accepted up to the
date of the hearing. Information concerning the proposed project 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 (or
city council) at, or prior to, the public hearing.
PUBLISH: Desert Sun PHILIP DRELL, Secretary
October 5, 2005 Palm Desert Planning Commission
30
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36 60
GRAPHIC SCALE
MAP LEGEND
t$E•'i ACREAGE
FLOOR ARP`
% OF LAND COVERED
BY STRUCTURE
% OF LANDSCAPING
HEIGHT OF STRUCTURE
USE OF BUILDING
PROPOSED GARDEN/RETAINING WALL
ELECTRIC CONTROL BOX
ELECTRIC VAULT
FIRE HYDRANT
MOTION SENSOR
POWER POLE
WATER VALVE
CHAIN LINK FENCE
METAL GUARD RAIL
CENTERLINE
RIGHT—OF—WAY
PROPERTY LINE
TELEVISION PEDESTAL
TOP OF RETAINING WALL
TOP OF BLOCK WALL
DECORATIVE FENCE
II e iI
CONSULTING
90
�Y.
2.01 AC.
8,100 SF
9,25%
22%
EL = 883
SINGLE FAMILY
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PLANNING III DE,SIGN II CONSTRUCTION
PALM DESERT, CALIFORNIA 92260-4114
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PR6POSIETAININ WALL
PROITSED 'FRUCTURE
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'PROP PL
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CITY OF PALM DESERT, CALIFORNIA
PRECISE PLAN
OWNER/APPLICANT
BIGHORN Development, LLC
Palm Desert CA 92260
1-760-341-4653
A.P.N
771-320-025
SECTION
LEGAL DISCRIPTION
A PORTION OF LOT D
EARTHWORK
FILL 22,750 CY
0
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RECEIVED
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IN THE CITY OF PALM DESERT,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
GERALD FORD DR
FRANK /SINATRA
Rancho Mirage
COUNTRY
tier
GENERAL NOTES:
w
>
z
DR
CLUB
Palm
FRED WARING
HWY 111
Desert
8
DR
FAIRWAY DR
Indian
Wells
42ND
6
AVE
Bermuda
Dunes
0,
MILES
VICINITY MAP
NTS
1. ALL DIMENSIONS SHOWN HEREON ARE APPROXIMATE.
2. THIS SITE IS NOT WITHIN A LIQUEFACTION ACTION HAZARD AREA OR A
SPECIAL STUDIES ZONE.
3. THIS LAND IS NOT SUBJECT TO A FLOOD HAZARD ZONE. HOWEVER, SOME
AREAS ON THIS PANEL ARE SUBJECT TO POSSIBLE FLOOD HAZARDS.
(SEE FEMA FLOOD NOTE)
4. THIS PROJECT DOES NOT LIE WITHIN A SPECIFIC PLAN AREA.
5. THIS PROPERTY DOES NOT LIE WITHIN A COMMUNITY SERVICES
DISTRICT.
• NO IMPROVEMENTS ARE PROPOSED WITHIN THE MAP.
• THE EXISTING MAP IS BEING SUBDIVIDED INTO ONE SINGLE FAMILY
PARCEL AND ONE OPEN SPACE PARCEL.
OWNER/APPL ICANT
BIGHORN DEVELOPMENT, LLP
255 PALOWET
PALM DESERT, CA 92260
(760) 341-4653
LEGAL DESCRIPTION
THE LAM REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF PALM DESERT, DESCRIBED
AS FOLLOWS:
THE NORTIAST QUARTER SECTION 1, TOWNSHIP 6 SOUTH, RANGE 5 EAST,
SAN BERNARDINO BASE AND MERIDIAN. ACCORDING TO LOT "D" OF TRACT
NO. 28287, RECORDED DECEMBER 27, 1996 IN BOOK 261 PAGES 38-43, IN
RIVERSIDE COUNTY, STATE OF CAL IFORNIA .
ASSESSOR 'S PARCEL NO.,
771-320-025
THOMAS BROTHERS GUIDE
RIVERSIDE / SAN BERNARDINO COUNTY 2005 EDITION
PAGE 848 - C6
ZONING DATA
EXISTING ZONING: PR 5
PROPOSED ZONING: PR 5
GENERAL PLAN DESIGNATION: RL
LAND USE
EXISTING: VACANT (UNDEVELOPED)
PROPOSED: RESIDENTIAL AND OPEN SPACE
FLOOD ZONE
ZONE D - AREA OF UNDETERMINED, BUT POSSIBLE FLOOD HAZARDS.
COMMUNITY PANEL NO. 060245 2245A.
MAP REVISED: NOV. 20, 1996
UTILITIES/SERVICES
WATER
SEWER
GAS
TELEPHONE
ELECTRICAL
CABLE T. V.
SCHOOL DISTRICT—
COACHELLA VALLEY WATER DISTRICT
COACHELLA VALLEY WATER DISTRICT
THE GAS COMPANY
VERIZON
SOUTHERN CALIFORNIA EDISON
TIME WARNER
DESERT SANDS UNIFIED SCHOOL DISTRICT
C4'� N89°29'07"W 348'
NJ'TA 1 1'
21
20 1918 ?
PM\AI 97-10
NO
1 N29°43'04"E
2 N64° 26' 30"Wi
3 45°27'45"
4 N70°05'46"E
5 21°33'58"
6 N88° 20' 16"V 1
7 01°13'52"
8 10°22'04"
9 14°23'42"
10 09°18'28"
11 07°39'34"
12 N00°02'17"WAY
13 N01°12'31"\WV
14 N86°53'30"EE
15 06°48'48"
16 N39 ° 55' 33"IWV
17 24°30'57"
18 N64° 26' 30"\WV
DATA TABLE
BEARING/DELITA
1 268.00'
240.00'
282.00'
818.00'
1182.00'
1218.00'
TENTA TI DE PARCEL MAP NO. 33996
i
BEING A SUBDIVISION OF LOT "D", TRACT NO. 28287
NORTHEAST QUARTER OF SECTION 1, T.6S., R.5E., S. B. M.
LEVI D. COX, L.S. 7930
PCL "A"
CONSULTING
JULY, 2005
N89,°.50 53"E • '202:1
TRACT NO. 28287
V�`N88 ° 5
/,
i
RADIUS LENGTH
84.02'
53.52'
168.00' 133.30'
79.77'
50.00' 18.82'
109.63'
5.16'
51.03'
205.51'
192.02'
162.82'
21.44'
56.91'
115.60'
220.50' 26.22'
107.55'
114.67'
165.78'
SECTION A -A
DATE
REVISIONS
DATE APP'D I
TR
100
0.,2
GREEN • •
PREPARED BY
0
100
GRAPHIC SCALE
200
.NOS:.., • o
'.� 5; (' P(. ANS. - N89 50 -53, E 423
utc.1uivI n ,
INTERVALES
300
L IM'I T5 OF BUILDABLE
PAD AREA
PAD - AREA.. '•
1r81Q0 SQ. FT.
90'
GROSS ACREAGE
TOTAL GROSS ACREAGE: 4.266+/-
TOTAL NET ACREAGE 4.226 +/-
LEGEND
EASEMENT
BUILDING SETBACKS
— — —" RESTRICTED ACCESS
#'/ / PROPOSED WATER
S PROPOSED SEWER
H.P. HIGH POINT
L.P. LOW POINT
DWY. DRI VEWA Y
C/L CENTERLINE
RECEIVED
AUG 0 8 2005
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF PALM DESERT
PLANNING ■ DESIGN r CONSTRUCTION
11 11 11 74-410 HIGHWAY 111
PALM DESERT, CALIFORNIA 92260-4114
CONSULTING 760.346.7481 ■ FAX 760.346.8315 ■ www.RBF.com
DATE: JULY, 2005
JN: 20-301408
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