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HomeMy WebLinkAboutSR - TT 34057 Amnd 1 - PD Funding Co. CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Consideration of a City Council request to review a Planning Commission decision approving an amendment to adjust pad heights by more than 6 inches for a 141 residential lot tentative tract map located on the south side of Gerald Ford Drive east of future Pacific Avenue, 36- 200 Pacific Avenue. SUBMITTED BY: Tony Bagato, Principal Planner APPLICANT: Palm Desert Funding Company, LP 3 San Joaquin Plaza #215 Newport Beach, CA 92660 CASE NOS.: TT 34057 Amendment 1 DATE: June 14, 2007 CONTENTS: Recommendation Executive Summary Background Draft Resolution No.o7-39 Planning Commission Minutes, dated May 15, 2007 Planning Commission Resolution No. 2444 Planning Commission Staff Report, May 15, 2007 Plans and Exhibits Recommendation That the City Council, by adoption of Resolution No.o�-39, affirm the action of the Planning Commission approving an amendment to adjust pad heights by more than 6 inches for Tentative Tract Map 34057. I. EXECUTIVE SUMMARY: Approval of staff's recommendation will allow 80,000 cubic yards of soil to be removed from The Vineyards apartment site and absorbed on-site in the University Park Master Plan, Planning Area E. Moving the soil to Planning Area E will increase and decrease some of the pad heights of the approved Tentative Tract Map 34057, which requires an amendment approved by the Planning Commission. The new design will also: lower the highest lots above Gerald Ford Drive by 2.2 feet; eliminate the need for many retaining walls, which improves the use of rear yards; reduce 7% internal street slopes; and reduce 2:1 landscaping slopes along Gerald Ford Drive. In addition, the new design will increase the park area by 4 feet and lower the retention area for the baseball field by 2.4 feet. The park design remains the same as Staff Report TT 34057 Amendment 1 Page 2 June 14, 2007 previously approved. The applicant has met with the Parks and Recreation Manager, who has verified that the park design wi11 not change due to the grade changes. The proposed amendment will not change the density, setbacks, building height, or architecture that the Planning Commission approved on April 4th, 2006. Planning Commission: On Tuesday May 15, 2007, the Planning Commission approved the amendment on a 4-1 vote, Commissioner Limont voting nay. Commissioners Tschopp stated this is a difficult property because of the slope and he recalled having concerns with the previous plan. He believed that this amendment would be an improvement for everyone. Commissioner Campbell agreed. Commissioner Limont expressed concerns with the increased height of specific pads. Commissioner Tanner believed that the line of sight would not negatively impact views from Gerald Ford Drive. II. BACKGROUND: A. Tentative Tract Map 34507: On April 4, 2006, the Planning Commission approved Tentative Tract Map 34057, known as Planning Area E in the approved University Park Master Plan. This map creates a 141 residential lot subdivision located on the south side of Gerald Ford Drive between Portola Avenue and Cook Street (see Exhibit A). B. Precise Plan 06-01 Amendment 1: In September 2006, the City Council approved 260 apartment units, known as The Vineyards, on a 19.6-acre site located on Cook Street adjacent to the University Park Master Plan (see Exhibit A). C. Municipal Code Title 26 Subdivisions: Municipal Code Section 26.24.220 states that a subdivision final map must be substantially the same as the approved tentative map. For final maps "substantially the same" means: 1. On a lot-to-lot basis, the grade elevation shall not vary more than six inches plus or minus from what is shown on the approved tentative map; 2. That all provisions of law and of this chapter applicable at the time of approval of the tentative map have been complied with; 3. That the map is technically correct. Staff Report TT 34057 Amendment 1 Page 3 June 14, 2007 If a final map is not substantially the same, as defined above, it requires approval by the Planning Commission before the City Engineer can certify the map and have it recorded by the developer. III. DISCUSSION: The land within the University Park Master Plan was mass graded between December 2005 and January 2006. Planning Area E, which was subdivided by Tentative Tract Map 34057, slopes down approximately 50 feet from west to east (Portola Avenue) and south to north (Gerald Ford Drive). The approved pad heights were based on the mass-grading plan. Due to the steep slopes, the engineering design created a 2:1 landscaping slope along Gerald Ford Drive, retaining walls within rear yards, a 7% slope on some of the internal streets, and pad elevations that are as high as 12 feet (lot 27) from the top of curb along Gerald Ford Drive. The property owner of The Vineyards apartment project (located southeast of Planning Area E) needs to remove 80,000 cubic yards of soil from that site. The developer has two (2) options for removing the dirt. One option is to remove the soil to a remote site, requiring approximately 4,000 truck trips, which is costly negatively impacts City streets and exacerbates air quality concerns in the area. The second option allows the excess soil to be absorbed on site at Planning Area E, eliminating the need for trucks traveling on City streets. Moving the extra soil to Planning Area E will: change the engineering design providing a 3:1 slope instead of a 2:1; eliminate many retaining walls in the rear yards; reduce the internal street slopes from 7% to 4.8% and less; and change the pad height elevations by more than 6 inches. According to the Municipal Code Section 26.24.220, a change in pad heights more than 6 inches requires Planning Commission approval. IV. PROJECT DESCRIPTION: The applicant is requesting approval of an amendment to adjust pad height elevations by more than 6 inches for Tentative Tract Map 34507. Along Gerald Ford Drive, the change in the new pad elevations ranges between a decrease of 2.9 feet (lot 25) to an increase of 3.3 feet (lot 9). The change in elevation will lower the highest lot (lot 27) from 12.6 feet to 10.4 feet while increasing the lowest lot (lot 1)from 3.9 feet to 6.9 feet above the curb on Gerald Ford Drive. Within the residential development, the change in the new pad elevations ranges between decrease of 2.3 feet (lot 70) to an increase of 8.2 feet (lot 54 & 96). The lots with the greatest increase are more than 610 feet from Gerald Ford Drive. The applicant has provided a grading exhibit illustrating the approved pad heights with circled black numbers, revised pad heights with green numbers, and the difference between the two with blue numbers for a decrease in pad height or red for an increase in pad height. Staff Report TT 34057 Amendment 1 Page 4 June 14, 2007 V. ANALYSIS: The Vineyards apartment owner is going to remove 80,000 cubic yards of soil from the project site. Allowing the soil to be absorbed into Planning Area E will eliminate the need for 4,000 truck trips on City streets. In addition, the extra soil wilt improve the engineering design by creating a more level grade for the 141 residential lots. The revised design provides several advantages including: lowering the highest lots above Gerald Ford Drive by 2.2 feet, eliminating the need for many retaining walls, improving the use of rear yards, reducing internal street slopes from 7% to 4.8% and less, and reducing a 2:1 slope along Gerald Ford Drive to a 3:1 slope. According to Mark Greenwood, Director of Public Works, there have been numerous failures of 2:1 slopes in wind-prone areas of the City, while a 3:1 slope has never failed. All the findings of approval for the amendment can be affirmed and are described on the draft resolution. VI. ENVIRONMENTAL REVIEW: For the purposes of CEQA, a Negative Declaration of Environmental Impact was previously approved and adopted. The proposed amendment will not result in any negative impacts to the environment, and will have positive impacts on air quality and consumption of fossil fuels. Submitted By: Department Head: .---� Tony Bagato Lauri Aylaian Principal Planner Director of Community Development CITY COUNCIL TION: APPROV�D DENIED Approval: RECSIVSD OTHER�{�,/ed N� Mg$TING UAaE • AYES: 71 �5�1 ACM for ve pment Services �TOES: U � '�BSENT: p7UL .1BSTAIN: � _. IERIFIED BY. ,b' _ _ _ �i�zxa�3. nn File ' h Cit� Clerk' s �ffice City Manager RESOLUTION NO. 07-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AFFIRMING A PLANNING COMMISSION DECISION APPROVING AN AMENDMENT TO ADJUST PAD HEIGHTS BY MORE THAN 6 INCHES FOR A 141 RESIDENTIAL LOT TENTATIVE TRACT MAP LOCATED ON THE SOUTH SIDE OF GERALD FORD DRIVE EAST OF FUTURE PACIFIC AVENUE, 36-200 PACIFIC AVENUE. CASE NO: TT 34057 AMENDMENT 1 WHEREAS, the Planning Commission of the City of Palm Desert, California, approved a request by PALM DESERT FUNDING COMPANY, LP by adoption of its Resolution No. 2444; and WHEREAS, a timely appealed was received and a public hearing was scheduled for the 14th of June, 2007, on the above noted matter; 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. 06-78, in that the Director of Community Development has determined that this project has been previously addressed and no further environmental review is necessary for the purposes of CEQA; 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 reaffirm the Planning Commission approval of the said request: TENTATIVE TRACT MAP FINDINGS 1. The proposed tentative map is consistent with the goals and objectives of the City of Palm Desert's General Plan and approved University Park Master Plan. 2. The design and improvements of the proposed subdivision would be consistent with the Zoning Ordinance. 3. The site is physically suitable for the type of development in that the site is a vacant property that will be graded to accommodate future development and provide for adequate drainage and flood control systems. The proposed amendment will improve the current engineering design providing a more level grade for the 141 residential lots. 4. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access RESOLUTION NO. 07-39 through or use of, property in that the site has been approved by the city for residential development. 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 does hereby reaffirm the Planning Commissions decision approving Case No. TT34057 Amendment 1, subject to conditions attached PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14th day of June, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California RICHARD KELLY, Mayor 2 RESOLUTION NO. 07-39 CONDITIONS OF APPROVAL CASE NO. TT 34057 Amendment 1 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development/Planning, as modified by the following conditions. 2. Construction of said project shall commence within two (2) years from the date of final approval unless an extension of time is granted, otherwise said approval shall become null, void and of no effect whatsoever. 3. All conditions from Tentative Tract Map 34057 shall apply to the amended map. // 3 CITY � f Pfll �l DESERI 73-510 FRF.D WARING DRfVE - ':.•� PALM DESERT,CAIIFORNIA 92260-25�8 TeL:76o 346-06�� Fnx:760 34�—�oq8 in(o�pal m-deserc.urg CITY OF PALM DESERT LEGAL NOTICE CASE NO.TT 34057 Amendment 1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to review a Planning Commission decision approving an amendment to adjust pad heights by more than 6 inches for a 141 residential lot tentative tract map located on the south side of Gerald Ford Drive east of future Pacific Avenue, 36-200 Pacific Avenue. _ "�+,��� �o SU6JECT � — — PROPERTY \340 5� — \\\\ .-_ .,\ �. . j' N \\ / ��� � \ � \ �Y � � �, �\ \. � 1-: � MY �11 �• �F 1�Itl1 A�R SAID public hearing will be held on Thursday, June 14, 2007 at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, Califomia, 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 conceming 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 (or city council)at,or prior to,the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN,City Clerk June 4,2007 City of Palm Desert,Califomia �_�_� CITY OF PALM DESERT, CALIFORNIACfT Y C LERK StOFFICE � � pALH DESERT, CA - � REQUEST FOR CITY COUNCIL R��I��� AM 9= ss DECISION OF THE: Planning Commission (Name of Determining Body) Case No. TT 34057 Amendment 1 Date of Decision: May 15, 2007 Project Proponent: Palm Desert Funding Company, LP Address: South Side of Gerald Ford Drive east on future Pacific Avenue, 36-200 Pacific Avenue Description of Application or Matter Considered: Request for approval of an amendment to adjust pad heights by more than 6 inches for a 141 residential lot tentative tracf map located on the south side of Gera/d Ford Drive east on future Pacific Avenue, 36-200 Pacific Avenue. . � ; �-= COPY TO ��. � DAT+E ' p��• Memb r of t City Council FOR OFFICIAL USE ONLY Date Filed: S/�� �4 7 Received by: �- ��yr Action Taken: � Date: Rachelle D. Klassen, City Clerk W\Gry Templates�C�ty WordPeAect Templates\cnG req for rev�ew-no lines.wpd 5/21/03 26.24.220 Approval by city. Page 1 of 1 ^alm Desert Municipal Code Up Previous Next Main Search Print No Frames Title 26 SUBDIVISION.S Chapter 26.24 FINAL MAP. 26.24.220 Approval by city. A. Upon receipt of the final map and other data submitted therewith, the city engineer shall refer the map and data to the appropriate city departments, who shall examine them to determine the following: l. That the subdivision as shown is substantially the same as it appeared on the approved tentative map, and any approved alterations thereof. For purposes of this section,"substantially the same" means on a lot to lot basis that grade elevation shall not vary more than six inches plus or minus that shown on the approved tentative map; 2. That all provisions of law and of this chapter applicable at the time of approval of the tentative map have been complied with; and 3. That the map is technically correct. B. A report of al] findings shall be given to the city engineer. If the city engineer, upon review of reports received, so determines the criteria of this section, he shall certify thereto on the map.If the city engineer does not so determine,he shall advise the subdivider of the changes or additions necessary to enable him to make such determination, and shall afford the subdivider an opportunity to make such changes or additions.The city engineer shall submit his report to the council within twenty days following the satisfactory submission of the final map and accompanying documents by the subdivider. The report shall be considered to be submitted when the matter has been scheduled on a council agenda by the city clerk. (Ord. 929 § 1, 1999; Ord. 125 § 1 (part), 1976: Exhibit A§ 26.7-1) http://www.qcode.us/codes/palmdesert/view.php?topic=26-26_24-26_24_220&frames=on 5/10/2007 DRAF`f MINUTES PALM DESERT PLANNING COMMISSION MAY 15 2007 Limont asked for the purpose of the merger on Item A. Mr. Bagato said the merger would result in a larger lot to probably have a larger home. It was not located in a hillside area. Motion carried 5-0. VIII. 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 Nos. TT 35271 and TT 35272, PALM DESERT GREENS ASSOCIATION, Applicant (Continued from March 6, 2007) Request for approval of two tentative tract maps to subdivide 7.58-acres into 331 lots for property at 73-750 Country Club Drive, also more particularly described as APN's 620-272-014, 620-261-050, 620-251-039, 620-241-027, 620-094-026, 620- 082-035, 620-131-031, 620-141-001 and 620-151-034. Ms. Aylaian explained that another continuance had been requested to June 19, 2007. Mr. Stendell was pretty confident that staff would be coming back with a staff report on June 19. Chairperson Campbell noted that the public hearing was open and asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one. The public hearing was left o�en. Action: It was moved by Commissioner Tanner, seconded by Commissioner Limont, continuing Case Nos. TT 35271 and TT 35272 to June 19, 2007. Motion carried 5-0. � B. Case No. TT 34057 Amendment 1 - PALM DESERT FUNDING COMPANY, LP, Applicant Request for approval of an amendment to adjust pad heights by more than 6 inches for a 141-residential lot tentative tract map located on the south side of Gerald Ford Drive east on future Pacific Avenue, 36-200 Pacific Avenue. 4 DRAF`�' MINUTES PALM DESERT PLANNING COMMISSION MAY 15. 2007 Mr. Bagato displayed the University Village Master Plan. It showed the previously approved planning areas. He recalled that in January the Commission approved the development agreement that entitled the tract maps for ten years. He indicated that another project called The Vineyards for 260 units was recently approved by City Council. After some engineering design, The Vineyards needed to move approximately 80,000 cubic yards of dirt, so they were looking at a couple of options, including removing the dirt to a remote location offsite. As indicated in the report, Mr. Bagato said it would take about 4,000 truck trips on city streets. For the other alternative, they approached Hover Development and discussed moving it to Planning Area E of the University Village where 141 lots were approved in April of 2006. The lots are surrounded by a residential park. Mr. Bagato explained that relocating the dirt to Planning Area E would result in increases and decreases to different pad heights of more than six inches. According to the municipal code, Planning Commission approval was required. He displayed a diagram of the lots color-coded to better depict where increases and decreases in elevation would occur. He identified Lot 27 as being the highest above Gerald Ford at 12 feet above curb. With the amendment, it would be lowered 2.2 feet, which resulted in 10 feet from curb. There was another lot behind it which would be lowered a little more than 2.2 feet and that was 13 feet above curb currently, but it's farther back from the street. He said along Gerald Ford the increase was two to three feet; the most occurred at Lot 1 by 3.8 feet. It was currently above the street three feet, so it would be a total of six feet above the street. Within the project there are some increases that vary befinreen half an inch up to eight feet with the majority of the increases occurring at six or seven feet. He pointed out the locations of the lots that would increase eight feet and indicated that the distance from Gerald Ford to those lots would be more than 600 feet, which would have less of an impact on public views because of the distance. Basically they were trying to create a more level, consistent grade by bringing in the dirt from the other location and saving the truck trips for the other developer. The engineering design right now had a 2:1 slope along Gerald Ford. The Public Works Director indicated that in the wind prone areas these have a tendency to fail and are problematic from a drainage standpoint. A 3:1 slope would be the result of the change and would result in a better design. The interior streets were around a 7% slope and those would 5 DRAF`t MINUTES PALM DESERT PLANNING COMMISSION MAY 15, 2007 decrease to 4.8% or less. Some were currently at 6% and those would remain the same. Mr. Bagato said they would basically be decreasing the larger lots and increasing some of the lower lots to get a more level grade. From staff's perspective this was a win-win situation for the city and the developer. Staff felt it was a benefit to keep the dirt onsite and not taken to a remote location, as well as providing a better engineering design. Staff recommended approval. Commissioner Limont asked for clarification that going back, the lots increase in height 8.2 feet. Mr. Bagato said that was correct, the largest ones. But most of them were around six and seven and some were five and four. But the largest increase was 8.2. Commissioner Limont said it was 8.2 feet above the original height approved. Mr. Bagato said that was correct. Commissioner Limont complimented Mr. Bagato on the colored exhibit identifying the lots at the different heights. She asked if there was any sort of rendering to see what the view would be from Gerald Ford looking up on this development with the new heights. Mr. Bagato had a diagram showing the c�oss section to show the increase, but not the elevation. The preliminary drawings had some preliminary architecture in the University plan already approved, but not a street elevation. He said the cross section only showed a certain point of the project where there is an increase. There were other parts of the project where the height was decreased. Commissioner Limont said they are trying to stay within the ordinances as far as height and asked how difficult it would be to put up story poles. Mr. Bagato didn't think it was too difficult, but indicated that the applicant has an approved map and they could move fonNard with that map which would leave them with the situation they are currently looking at. He didn't know how much of a delay the applicant could take because they were ready to move forward when The Vineyards guys found out they needed to move land. Commissioner Limont said she was all for helping and cutting down on driving around on our streets, but 4,000 truck loads of dirt would be worth the effort if the result was going to be something unacceptable. It was much more prudent to take two weeks and see the impact of the elevation changes to make sure it is the right decision as opposed to not. She knew they just went through this with Desert Willow and apologized about having to go out there again. Mr. Bagato said from staff's perspective, the previously approved design from an engineering standpoint is a tougher design that can 6 DRAF't MINUTES PALM DESERT PLANNING COMMISSION MAY 15. 2007 be built. Although some of the grades would be raised, he felt this was a better solution; some of the grades would be raised, but the highest ones would come down. He didn't request any elevations because of what they could already build and start building tomorrow; he felt this was a better solution. Commissioner Limont said it might be a better solution engineering wise, but not necessarily aesthetically. Mr. Bagato noted that right now there is a 12-foot lot that goes down to ten feet from Gerald Ford. The one behind it would also be lowered two feet. Commissioner Limont pointed out that with the 8.2, overall they were higher than the original. Mr. Bagato said in the middle of the project she was correct. ThaYs where he was trying to show by the cross section that at that point it was over 600 feet away. He didn't think from a visual standpoint it would be much of a difference. The other benefit of raising it up eight feet was that some retaining walls would be eliminated which would make the backyards more usable, give them better backyards, and at over 600 feet away he didn't feel it would be a visual impact. Commissioner Tanner noted that with the story poles used at Desert Willow recently, a determination was made that the proposed height on that particular project had no impact. He thought it had about the same relationship from a street standpoint as what they are probably looking at in the middle of this University Park proposal. What Mr. Bagato was saying is that they should not expect to see any dramatic differences even though they are increasing the height in the middle of the development. Mr. Bagato said that was correct. It would have a better landscaped area and would make the site more level. He thought it would be a better line-of-sight because the homes in front would now be more consistent with Gerald Ford compared to the previous undulation. It would not be stair-stepped as much. Commissioner Limont indicated that from the originally approved height to the final request for 8.2 higher at the highest point, taking into consideration the distance, it would still be 8.2 feet higher. Mr. Bagato said that was correct. Chairperson Campbell opened the public hearing and asked the applicant to address the Commission. MR. MARK SMITH, representing the applicant, from Laguna Nigel, California, complimented Mr. Bagato on the good job with the presentation. He added that one of the things they found out through this whole development and as building the infrastructure for the CFD 7 �RAF`t MINUTES PALM DESERT PLANNING COMMISSION MAY 15. 2007 (community facilities district), is that 2:1 slopes are very difficult to make work. They have a number of 2:1 slopes that were approved and they had gone back in and added an enormous number of retaining walls to change the slopes to 3:1. In one area there just wasn't room to do a retaining wall and he didn't think anyone wanted retaining walls out on Gerald Ford. The way the plan is approved now, it started out very high at the one corner and then dips down to almost street grade and then goes back up. One of the things they would be able to do with raising this one is keeping that slope consistent, more pleasing aesthetically, and lower the two ends so that they were at a 3:1 slope all the way across except for that one lot that Mr. Bagato pointed out. They just couldn't get it down any further. They have done everything they can. Mr. Smith said that also by raising it even just a few feet and with the perimeter wall it would help for the sound continuation for the people living in that home and getting their visual to be able to look over the cars on Gerald Ford. He thought that was very important for the home buyers. As far as any views being changed, part of the center of the site has been raised and part of it has been lowered, but if they were to draw a line through, the topography on the site falls almost 100 feet from one side to the other. So there were a lot of slopes. The back slope for the houses to the left going up to Pacific probably had a 20-foot slope. So even if they were at Gerald Ford looking up, with that house they could imagine another steep slope going up to the road. He said it was not going to negatively impact any views from Gerald Ford for people driving. He understood the concerns as far as putting up story poles and it was something they have done for other projects. If that was the direction of Planning Commission, they would withdraw their application. Not on their own behalf, because they have plenty of time, but because the developer of the other parcel. If that developer wasn't allowed to move the dirt onto their property, he was going to start trucking the dirt offsite probably by Thursday. The 80,000 cubic yards in the staff report and about 4,000 trucks was probably more like 7,000 truck trips. These trucks hold about 13 yards. They get billed for 15, but they only hold 13 and would result in quite a bit more 8 �RAF`t MINUTES PALM DESERT PLANNING COMMISSION MAY 15. 2007 traffic on the street. He agreed with Mr. Bagato that this was a situation that would be a win-win for everybody. He thanked them. Commissioner Tschopp asked if the block wall that would be contiguous to the street, if that elevation would also change with the pad. Mr. Smith said yes, if they raise that pad up three feet, the wall goes up three feet and then there was the house behind that. Commissioner Tschopp asked if it would continue down Gerald Ford. Mr. Smith said yes and would be more consistent. Commissioner Schmidt asked if this would all be done at one time in one fell swoop and wouldn't be done over a period of time like a year. It would be done at one time. Mr. Smith said it would be completed before the Commission's next meeting and the roads cleaned up and resealed for the dust. There were no other questions. Chairperson Campbell asked for testimony in FAVOR or OPPOSITION to the proposal. There was none. Chairperson Campbell closed the public hearing and asked for Commission comments. Commissioner Tschopp indicated this is a difficult piece of property because of the slope. He remembered when it first came before Planning Commission back in April of 2006. He recalled at that time they expressed some concerns with the different grade changes and he thought this plan overall would be a better benefit for everyone involved. He thought it would be an improvement to what had been planned before for the homeowners. He was in favor of the plan. Chairperson Campbell agreed. When this came before them, they approved it. Now Mr. Greenwood was telling them this would be a lot better for that area. She, too, agreed with staff and asked for a motion. Action: It was moved by Commissioner Tschopp, seconded by Commissioner Tanner, approving the findings as presented by staff. Motion carried 4-1 (Commissioner Limont voted no). 9 DRAF`t MINUTES PALM DESERT PLANNING COMMISSION MAY 15. 2007 It was moved by Commissioner Tschopp, seconded by Commissioner Tanner, adopting Planning Commission Resolution No. 2444 approving Case No. TT 34057 Amendment 1, subject to conditions. Motion carried 4-1 (Commissioner Limont voted no). C. Case No. ZOA 06-02 - CITY OF PALM DESERT, Applicant Request for recommendation to City Council for approval of an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding Chapter 25.112 Residential Condominium Conversions relating to approvals of the conversion of existing multi-family residential developments to condominium ownership. Ms. Aylaian reviewed the history of the proposed amendment and all the work that had been done since the last Planning Commission meeting. She noted that there had been some questions raised as to the number of apartment units and multi-family rental residential units within the city and how many of them are in smaller complexes, in duplexes, triplexes and four- plexes versus how many are in large complexes. She reported that there are a total of 71,092 rental multi-family units in the city right now. Of those, just under 2,500 are in units of two, three and four. The remaining five or more units total approximately 2,700. The current vacancy rate has dropped over the last three years. From the first quarter of 2005, the occupancy rate was at 95.3%. A year ago, first quarter of 2006, it had dropped to 93%. Presently it was at 89.8%. So they could see that the market has changed within the last 18 months or two years ago when they were seeing a fair number of applications. She also noted that there were a couple of minor technical revisions that recently surfaced requiring City Attorney review. She requested discussion and comments from the Commission, but if they were generally in favor of the concept and ordinance, she would ask that it be recommended to City Council substantially as to form, subject to some minor technical revisions. Those revisions involve the exact location for the CPI and indexes corrected to and the treatment of potential condo hotel projects in residential zones, so some very specific issues. She asked for any questions. Commissioner Schmidt asked about the mechanism that tracts the vacancy rate. Ms. Aylaian explained that there is a firm out of Oregon that track vacancies in communities across the United States. A membership 10 r PLANNING COMMISSION RESOLUTION NO. 2444 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROV{NG AN AMENDMENT TO ADJUST PAD HEIGHTS BY MORE THAN 6 INCHES FOR A 141 RESIDENTIAL LOT TENTATIVE TRACT MAP LOCATED ON THE SOUTH SIDE OF GERALD FORD DRIVE EAST OF FUTURE PACIFIC AVENUE, 36-200 PACIFIC AVENUE. CASE NO: TT 34057 AMENDMENT 1 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 15�' day of May, 2007, hold a duly noticed public hearing to consider the request by PALM DESERT FUNDING COMPANY, LP for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the Califomia Environmental Quality AcY', Resolution No. 06-78, in that the Director of Community Development has determined that this project has been previously addressed and no further environmental review is necessary for the purposes of CEQA; and WHEREAS, at said public hearing, upon hearing and considering alf 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 approval of said request: TENTATIVE TRACT MAP FINDINGS 1. The proposed tentative map is consistent with the goals and objectives of the City of Palm Desert's General Plan and approved University Park Master Plan. 2. The design and improvements of the proposed subdivision would be consistent with the Zoning Ordinance. 3. The site is physically suitable for the type of development in that the site is a vacant property that will be graded to accommodate future development and provide for adequate drainage and flood control systems. The proposed amendment will improve the current engineering design providing a more level grade for the 141 residential lots. 4. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property in that the site has been approved by the city for residential development. 1 pLANNING RESOLUTION NO. 2444 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, Califomia, as follows: 1. That the above recita�ons are true and correct and constftute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby approve TT 34057 Amendment 1. subject to conditions attached PASSED, APPROVED AND ADOPTED at a regular meeting of the Patm Desert Planning Commission, held on this 15�' day of May, 2007, by the following vote, to wit: AYES: SCHMIDT, TANNER,TSCHOPP, CAMPBELL NOES: LIMONT ABSENT: NONE ABSTAIN: NONE SONIA M. CAMPBELL. C airperson ATTEST: LAU T AYLAIAN, Secretary Palm Desert Pianning Commission 2 � PLANNING RESOLUTION NO. 2444 CONDITIONS OF APPROVAL CASE NO. TT 34057 Amendment 1 Department of Communitv Develoament: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community DevelopmenUPlanning, as modified by the foliowing conditions. 2. Construction of said project shall commence within two (2) years from the date of final approval unless an extension of time is granted, otherwise said approval sha{I become null, void and of no effect whatsoever. 3. All conditions from Tentative Tract Map 34057 shall apply to the amended map. // 3 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: May 15, 2007 CASE NO: TT 34057 Amendment 1 REQUEST: Approval of an amendment to adjust pad heights by more than 6 inches for a 141 residential lot tentative tract map located on the _ south side of Gerald Ford Drive east of future Pacific Avenue, 36- 200 Pacific Avenue. APPLICANT: Palm Desert Funding Company, LP 3 San Joaquin Plaza #215 Newport Beach, CA 92660 I. EXECUTIVE SUMMARY: Approval of staff's recommendation will allow 80,000 cubic yards of soil to be removed from The Vineyards apartment site and absorbed on-site in the University Park Master Plan, Planning Area E. Moving the soil to Planning Area E will increase the approved pad heights of the approved Tentative Tract Map 34057, which requires an amendment that needs to be approved by the Planning Commission. The new design will also: lower the highest lots above Gerald Ford Drive by 2.2 feet; eliminate the need for many retaining walls, which improves the use of rear yards; reduce 7% internal street slopes; and reduce 2:1 landscaping slopes along Gerald Ford Drive. II. BACKGROUND: A. Tentative Tract Map 34507: On April 4, 2006, the Planning Commission approved Tentative Tract Map 34057, known as Planning Area E in the approved University Park Master Plan. This map creates a 141 residential lot subdivision located on the south side of Gerald Ford Drive between Portola Avenue and Cook Street (see Exhibit A). B. Precise Plan 06-01 Amendment 1: In September 2006, the City Council approved 260 apartment units, known as The Vineyards, on a 19.6-acre site located on Cook Street adjacent to the University Park Master Plan (see Exhibit A}. STAFF REPORT TT 34057 AMENDMENT 1 MAY 15, 2007 C. Municipal Code Title 26 Subdivisions: Municipal Code Section 26.24.220 states that a subdivision final map must be substantially the same as the approved tentative map. For final maps "substantially the same" means: 1. On a lot-to-lot basis, the grade elevation shall not vary more than six inches plus or minus from what is shown on the approved tentative map; 2. That all provisions of law and of this chapter applicable at the time of approval of the tentative map have been complied with; 3. That the map is technically correct. If a final map is not substantially the same, as defined above, it requires approval by the Planning Commission before the City Engineer can certify the map and have it recorded by the developer. III. DISCUSSION: The land within the University Master Plan was mass graded between December 2005 and January 2006. Planning Area E, which was subdivided by Tentative Tract Map 34057, slopes down approximately 50 feet from west to east (Portola Avenue) and south to north (Gerald Ford Drive}. The approved pad heights were based on the mass-grading plan. Due to the steep slopes, the engineering design created a 2:1 landscaping slope along Gerald Ford Drive, retaining walls within rear yards, a 7% slope on some of the internal streets, and pad elevations that are as high as 12 feet (lot 27) from the top of curb along Gerald Ford Drive. The property owner of The Vineyards apartment project (located southeast of Planning Area E) needs to remove 80,000 cubic yards of soil from the site. The developer has two (2) options for removing the dirt. One option is to remove the soit to a remote site, requiring approximately 4,000 truck trips, which is costly and negatively impacts City streets. The second option allows the excess soi{ to be absorbed on site at Planning Area E, eliminating the need for trucks traveling on City streets. Moving the extra soil to Planning Area E will: change the engineering design providing a 3:1 slope instead of a 2:1; eliminate many retaining walls in the rear yards; reduce the internal street slopes from 7% to 4.8% and less; and change the pad height elevations by more than 6 inches. According to the Municipal Code Section 26.24.220, a change in pad heights more than 6 inches requires Planning Commission approval. 2 STAFF REPORT TT 34057 AMENDMENT 1 MAY 15, 2007 IV. PROJECT DESCRIPTION: The applicant is requesting approval of an amendment to adjust pad height elevations by more than 6 inches for Tentative Tract Map 34507. Along Gerald Ford Drive, the change in the new pad elevations ranges between a decrease of 2.9 feet (lot 25) to an increase of 3.3 feet (lot 9). The change in elevation will lower the highest lot (lot 27) from 12.6 feet to 10.4 feet while increasing the lowest lot (lot 1) from 3.9 feet to 6.9 feet above the curb on Gerald Ford Drive. Within the residential development, the change in the new pad elevations ranges between decrease of 2.3 feet (lot 70) to an increase of 8.2 feet (lot 54 & 96). The lots with the greatest increase are more than 610 feet from Gerald Ford Drive. The applicant has provided a grading exhibit illustrating the approved pad heights with circled black numbers, revised pad heights with green numbers, and the difference between the two with blue numbers for a decrease in pad height or red for an increase in pad height. The proposed amendment will not change the density, setbacks, building height, or architecture that the Planning Commission approved on April 4�h, 2006. V. ANALYSIS: The Vineyards apartment owner is going to remove 80,000 cubic yards of soil from the project site. Allowing the soil to be absorbed into Planning Area E will eliminate the need for 4,000 truck trips on City streets. In addition, the extra soil will improve the engineering design by creating a more level grade for the 141 residential lots. The revised design provides several advantages including: lowering the highest lots above Gerald Ford Drive by 2.2 feet, eliminating the need for many retaining walls, improving the use of rear yards, reducing intemal street slopes from 7% to 4.8% and less, and reducing a 2:1 slope along Gerald Ford Drive to a 3:1 slope. According to Mark Greenwood, Director of Public Works, there have been numerous failures of 2:1 slopes in wind-prone areas of the City, while a 3:1 slope has never failed. All the findings of approval for the amendment can be affirmed and are described on the draft resolution. VI. ENVIRONMENTAL REVIEW: For the purposes of CEQA, a Negative Declaration of Environmental Impact was previously approved and adopted. The proposed amendment will not result in any negative impacts to the environment. 3 STAFF REPORT TT 34057 AMENDMENT 1 MAY 15, 2007 VII. RECOMMENDATION: That the Planning Commission adopt the findings and adopt Planning Commission Resolution No. , approving Tentative Tract Map 34057 Amendment 1, subject to conditions attached. VIII. ATTACHMENTS: A. Draft Resolution B. Legal notice C. Municipal Code Section 26.24.220 D. Exhibit A E. TT 34057 Grading Exhibit Prepared by: Tony Ba ato Acting Principal Planner Reviewed and Approved by: Lauri Aylaian omer Croy Director of Community Development ACM of Com u Development 4 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO ADJUST PAD HEIGHTS BY MORE THAN 6 INCHES FOR A 141 RESIDENTIAL LOT TENTATIVE TRACT MAP LOCATED ON THE SOUTH SIDE OF GERALD FORD DRIVE EAST OF FUTURE PACIFIC AVENUE, 36-200 PACIFIC AVENUE. CASE NO: TT 34057 AMENDMENT 1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15�' day of May, 2007, hold a duly noticed public hearing to consider the request by PALM DESERT FUNDING COMPANY, LP for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act", Resolution No. 06-78, in that the Director of Community Development has determined that this project has been previously addressed and no further environmental review is necessary for the purposes of CEQA; 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 approval of said request: TENTATIVE TRACT MAP FINDINGS 1. The proposed tentative map is consistent with the goals and objectives of the City of Palm Desert's General Plan and approved University Park Master Plan. 2. The design and improvements of the proposed subdivision would be consistent with the Zoning Ordinance. 3. The site is physically suitable for the type of development in that the site is a vacant property that will be graded to accommodate future development and provide for adequate drainage and flood control systems. The proposed amendment will improve the current engineering design providing a more level grade for the 141 residential lots. 4. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property in that the site has been approved by the city for residential development. PLANNING RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby approve TT 34057 Amendment 1, subject to conditions attached PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15�h day of May, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SONIA CAMPBELL, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 2 PLANNiNG RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. TT 34057 Amendment 1 Department of Communitv Development: 1. The development of the property shafl conform substantially with exhibits on file with the Department of Community Development/Planning, as modified by the foflowing conditions. 2. Construction of said project shall commence within finro (2) years from the date of final approval unless an extension of time is granted, otherwise said approval shall become null, void and of no effect whatsoever. 3. All conditions from Tentative Tract Map 34057 shall apply to the amended map. 3 � C11Y OF P�� L (�l DES � �' )� I 7;-5io Ftt�t>WnKING L)RIVIt PA4M�ESF.RT,�.ALIFORtM1IA y226U-257� rsu76o j�6—o6it j t�v;:760 ;qi-7og8 � infdApalm-dcurt.urg CITY OF PALM DESERT LEGAL NOTICE CASE NO.TT 34057 Amendment 1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by PALM DESERT FUNDING COMPANY LP for approval of an amendment to adjust pad heights by more than 6 inches for a 141 residential lot tentative tract map located on the south side of Gerald Ford Drive east of future Pac�c Avenue,36-200 Pacffic Avenue. _ '�,�, ��o SUBJECT PROPERTY \\ �,�b� --� �\ � ` ..:J-�� � \ M YqL i \�\� ;�i �� / _ � .� L� .. ' 1_. , _ =. � ..�' �� SAID public hearing will be held on Tuesday, May 15, 2007 at 6:00 p.m. in the Council Chamber at the Palm DeseR Civic Center, 73-510 Fred Waring Drive, Palm Desert, Califomia, at which time and place all interested persons are invited to attend and be heard. Written comments conceming all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information conceming 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 conespondence delivered to the Planning Commission (or city council)at,or prior to,the public hearing. PUBLISH: Desert Sun Lauri Aylaian,Secretary May 5, 2007 Palm Desert Planning Commission 26.24.220 Approval by city. Page 1 of 1 Palm Desert Municipal Code Up Previous Next Main Search Print No Frames Title 26 SUBDIVISIONS Chapter 26.24 FINAL MAP 26.24.220 Approval by city. A. Upon receipt of the final map and other data submitted therewith, the city engineer shall refer the map and data to the appropriate city departments, who shall examine them to determine the following: 1. That the subdivision as shown is substantially the same as it appeared on the approved tentative map, and any approved alterations thereof. For purposes of this section,"substantially the same" means on a lot to lot basis that grade elevation shall not vary more than six inches plus or minus that shown on the approved tentative map; 2. That all provisions of law and of this chapter applicable at the time of approval of the tentative map have been complied with; and 3. That the map is technically cocrect. B. A report of ail findings shall be given to the city engineer. If the city engineer, upon review of reports received, so determines the criteria of this section, he shall certify thereto on the map.If the city engineer does not so determine, he shall advise the subdivider of the changes or additions necessary to enable him to make such determination, and shall afford the subdivider an opportunity to make such changes or additions. The city engineer shall submit his report to the council within twenty days following the satisfactory submission of the final map and accompanying documents by the subdivider. The report shall be considered to be submitted when the matter has been scheduled on a council agenda by the city clerk. (Ord. 929 § 1, 1999; Ord. 125 § 1 (part), 1976: E�chibit A § 26.7-1) http://www.qcode.us/codes/palmdesert/view.php?topic=26-26_24-26_24_220&frames=on 5/10/2007