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HomeMy WebLinkAboutPC Resolution _4805- Case 5.0881RESOLUTION NO. 4805 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF TTM 30046 AND CASE NO 5.0881 - PD-269, SUBJECT TO THE CONDITIONS STATED, TO SUBDIVIDE A 50.49 ACRE PARCEL INTO AN EIGHTY NINE (89) LOT RESIDENTIAL SUBDIVISION, LOCATED NORTH OF BOGERT TRAIL, EAST OF GOLDENROD LANE, AND WEST OF THE PALM CANYON WASH, ZONE W-R-1-13 AND SP-1, SECTION 35. WHEREAS, Palm Canyon, LLC (the "Applicant") filed an application for Tentative Tract Map 30046 and Case 5.0881 - PD-269 to subdivide a 50.49 acre site into eighty-nine (89) lot residential subdivision (the "Project") pursuant to Section 94.02.00 of the Zoning Ordinance and the Palm Springs Municipal Code Section 9.60. The project is located north of Bogert Trail, east of Goldenrod Lane, and west of the Palm Canyon Wash, Zone W-R-1-B and SP-1 Zone, Section 35; and WHEREAS, A Final Environmental Impact Report (FEIR) was prepared forthe Canyon Park Resort and Spa Specific Plan (SP-1) and was certified and adopted by the City Council on July 19, 1991, and an Environmental Assessment (Mitigated Negative Declaration) was certified and adopted on January 19, 1994 in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines; and WHEREAS, the portion of TTM 18087 located on the subject property was approved by the City Council for 10 lots and has been recorded as a final subdivision map; and WHEREAS, the portion of TTM 18087 located on the subject property was reverted to acreage through a lot line adjustment; and WHEREAS, said applications were submitted to appropriate City Department for their review; and WHEREAS, said comments and requirements have been duly considered and are reflected herein; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider TTM 30046 and Case No. 5.0881 - PD-269, was given in accordance with applicable law; and WHEREAS, on October 9, 2002, a meeting on the application for Tentative Tract Map 30046 and Case No. 50881 - PD-269 was held by the Planning Commission in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66412.3, the Planning Commission has considered the effect of the proposed subdivision, Tentative Tract Map 30046, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed project represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police power to protect the public health, safety, and welfare; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Environmental Assessment has been prepared forthis project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds that, Tentative Tract Map 30046 and Case No. 5.0881 - PD-269 are in compliance with the Final Environmental Impact Report that was prepared for the Canyon Park Resort and Spa Specific Plan project and was certified and adopted on July 19, 1991 and the additional Mitigated Negative Declaration (MND), certified and adopted on January 19, 1994 is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines; the FEIR, MND, and environmental assessment for TTM 30046 adequately address the general environmental setting of the proposed Project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environment effect for the proposed project. The Planning Commission has independently reviewed and considered Tentative Tract Map 30046 and Case No. 50881 - PD-269 and determined that the plans are in conformance with the information contained in the certified Final Environmental Impact Report and Mitigated Negative Declaration. The Planning Commission further finds that the decision reflects its independent judgement. Section 2: The Planning Commission finds that there is no new substantial evidence with respect to environmental effects that has been submitted to the City and there are no substantial changes with respect to the project that would require revisions to the certified Final Environmental Impact Report and MND. The current project proposed an eighty-nine (89) residential lot subdivision which is substantially fewer than the project analyzed in the original Final Environmental Impact Report and the MND. Since the potential for impacts has been lessened there is no need for further environmental review. Section 3: The Planning Commission finds that a mitigation monitoring program was previously adopted pursuant to Public Resources Code Section 21081.6 in order to assure compliance with the above referenced mitigation measures during Project implementation. The Planning Commission finds that with the reduced density of development and reduced impacts within the Palm Canyon Wash, the potential for an impact is even less than what was analyzed in the certified Final Environmental Impact Report and MND. Section 4: Pursuant to Government Code Section 66473.5the Planning Commission finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the. City's General Plan and any applicable specific plan; and Section 5: Pursuant to Government Code Section 65567, the Planning Commission finds that the proposed subdivision and the provisions for its design and improvements are compatible with the objectives, policies, and general land use provided in the City's local open space plan. Section 6: Pursuant to the Canyon Park Resort & Spa Andreas Palms and Sierra Club Judgement, the Planning Commission finds that the proposed project is consistent with the measures regarding equestrian trail access and criteria for Palm Canyon Wash flood control facilities. In response to the findings made in the Sierra Club Settlement Agreement, the applicant has proposed a 30 foot wide levee access road, a wash design that meets or exceeds the criteria set forth in the judgement, and agreement with the requirements for equestrian access during construction. The Wash bottom will have a width of 520 feet and the levee will provide 100 year storm protection and be constructed to RCFCWCD and City standards. The levee will only be located on the west side of the Wash with no disturbance to the east side. In accordance with the 1994 Mitigation Monitoring Program for Amendment to Specific Plan 1, the developer is also required to renaturalize drainage improvements using local rock materials and desert landscaping using as much of the onsite vegetation as possible. Section 7: Pursuant to Government Code Section 66474 (Subdivision Map Act), the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed Tentative Map is consistent with applicable general and specific plans. The proposed project is consistent with the General Plan and SP-1 and is similar to the previously approved tentative tract map. SP-1 allocated over 100 units to the subject property. The proposal is for 89 units and is therefore below the density parameters of the Specific Plan. b. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. Pursuant to Government Code Section 66473.5 the Planning Commission finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan and any applicable specific plan. All street, drainage, and utilities improvements are subject to the standards of the General Plan, Conditions of Approval, and mitigation measures associated with TTM 30046 and Case No. 5.0881 - PD-269. C. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The property is 50.49 acres of relatively flat desert with vegetation characteristic of the Creosote Scrub - Cheese Bush Dominated Community and desert wash scrub. A portion of the site was previously approved for development as part of a larger subdivision (Tract 18087) but was reverted to acreage through a lot line adjustment. The site is now proposed for an eighty-nine (89) lot subdivision. There will be no incompatibility issues as the surrounding land uses are also within SP-1. There is the Canyon South Golf Course to the north, single family residences and vacant land to the west, Palm Canyon Wash to the east, and a single family residential subdivision to the south. d. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish orwildlife or their habitat. All potential land use and biological impacts as a result of developing the subject property are fully disclosed in the Environmental Assessment, previous MND, and Final EIR. The project site lies outside the Peninsular Range Bighorn Sheep Critical Habitat and lacks occupation or activity by species of special concern. However, two sensitive wildlife species were detected on adjacent properties and mitigation measures have been introduced to reduce the effects on biological resources to less than significant impact. The applicant will also be required to obtain a 403 permit and 1603 agreement, and implement all mitigation measures, for impacts to land subject to review by the U.S. Army Corp of Engineers and California Department of Fish and Game. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and proposed improvements must follow the conditions of approval including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. f. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The 50 foot wide easement for Avenida Marbella (not constructed) may be abandoned provided the applicant provides access to the Palm Canyon Wash for RCFCWCD equipment and personnel. Bogert Trail will be improved to collector street standards in accordance with City specifications, and the private streets inside the development will incorporate traffic calming designs. Section 8: Pursuant to Section 94.03.00 of the Zoning Ordinance, the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's Zoning Ordinance and SP-1. The proposed Planned Development District will allow for integrated design of the subdivision and adjacent streets. The Specific Plan is to be implemented via Planned Development District and subdivision maps, therefore, the PD is the appropriate land use review for this development. b. The use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The proposed subdivision is consistent with the General Plan, zoning designations, and land use designations in SP-1. Tentative Tract Map 30046 will have 89 single family residential units, below the allocated 100+ units in SP-1. The project will make up a portion of the overall Canyon Park Resort and Spa Specific Plan and will therefore be compatible with existing and future uses in the zone. Any land use or biological impacts are fully disclosed in the Environmental Assessment. c. The site is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The applicant is requesting the entitlement of subdividing an existing 50.49 acre parcel into eighty-nine (89) single family residential lots. The lots average 16,483 square feet with the smallest lot being 14,000 square feet and the largest lot being 28,025 square feet. The property is zoned W-R-1-B with an overlay of Specific Plan -1 (SP-1). The property is vacant with the northeast portion that was subdivided into 10 single-family lots (Tract 18087), although it was reverted to acreage through a lot line adjustment The overall density is well within the adopted master plan allowance of over 100 dwelling units. Access to the property will be from a gated entry on Bogert Trail. Thirty feet of right-of-way and public utility easement is proposed to be dedicated from the subject tract to the City of Palm Springs. Existing improvements consist of a 2-lane undivided, unstriped roadway. Internal circulation consists of a series of private streets and a cul-de-sac. Roadways within the subdivision would be privately maintained as would the four (4) lettered lots that include landscaping in front of the subdivision on Bogert Trail The Planned Development District includes adjustments tothe R-1-B property development standards, namely, minimum lot size, building height, reduction in front setbacks, and allowance of detached garages. The R-1-13 zone requires a minimum lot area of 15,000. The proposed average lot area is 16,483 square feet with unit size yet to be determined. Lot sizes range from 14,000 square feet to 28,025 square feet. The maximum building height permitted within the R-1-13 zone is 18 feet. Building height is proposed at 22 feet. While the proposed building height exceeds the zone requirements, it is consistentwith the Specific Plan, which has approved building heights of up to 24 feet. The required front setback in an R-1-13 zone for the main residence and garage is 25 feet, with detached garages only permitted in R-1-A and R-1-AH Zones. The front and side front setbacks for the residences and detached garages will be 10 feet and 20 feet, respectively. The remainder of the proposal conforms with R-1-13 property development standards. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Bogert Trail will be improved to collector street standards and will be consistent with existing improvements. The street section is appropriate for the scale of the proposed subdivision and potential net units for the surrounding properties. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, Palm Springs Municipal Code, and the City of Palm Springs Fugitive Dust Control Ordinance. NOW, THEREFORE, BE ITRESOLVEDthat, based upon the foregoing, the Planning Commission recommends that the City Council order filing of a Mitigated Negative Declaration and approve Tentative Tract Map 30046 and Case No. 50881 - PD-269 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED THIS 921 day of October, 2002. AYES: Grence, Matthews, Marantz, Conrad NOES: ABSENT: Klatchko ABSTENTIONS: Caffery, Shoenberger ATTEST: CITY OF PALM SPRINGS, CALIFORNIA 94441C���L"_ Of Ae Planning Commission