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HomeMy WebLinkAboutPC Resolution _6102- Case 5.0889 AMND-B PDD 272RESOLUTION 6102 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING CASE 5.0889 AMND-B PDD 272, AN AMENDMENT TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT, SUBDIVIDING LOT 178 INTO THREE SINGLE-FAMILY RESIDENTIAL LOTS; AND PARCEL MAIVER 35253 FOR THE CREATION OF THREE NEW LOTS AT THE K.HOVNANIAN.. FOUR SEASONS DEVELOPMENT LOCATED AT 1221 SOLANA TRAIL. WHEREAS, K. Hovnanian Homes, ("Applicant") has filed an application with the City pursuant to Section 94.02.00 of the Zoning Code requesting an amendment to a previously approved Planned Development District 272 for a residential development the Four Seasons Gated Community; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.0889 AMND-B PDD 272 was given in accordance with applicable law; and WHEREAS, on November 12, 2009, a public hearing on Case 5.0889 AMND-B PDD 272 was held by the Planning Commission in accordance with applicable law; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposal has been determined to be a project subject to environmental analysis under CEQA; and WHEREAS, the original Planned Development District (Case 5.0889 PDD 272, TTM 30058) was reviewed and approved by the Planning Commission on December 11, 2002 and was reviewed and approved by the City Council on December 19, 2002, and WHEREAS, the original PDD 272 was approved with 178 lots on approximately 46.2-acre property for single family residential lots with streets, recreation areas, DWA Well site and landscaping at the Four Seasons Gated Development, and WHEREAS, the amendment application for PDD 272 proposes to subdivide the approximately 21,813-square foot lot 178 of the previously approved Tract 30058 into three single-family residential lots; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, a Planning Commission Resolution No. 6102 Case No. 5.0889 AMND-e PLO 272 November 12, 2009 Page 2 of 5 Mitigated Negative Declaration (MND) was previously adopted by the City Council on December 19, 2002. Pursuant to Section 15162 of the California Environmental Act (CEQA), the preparation of additional environmental documentation is not necessary because the proposed amendment will not change the circumstances related to the project. Furthermore, the amendment will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Therefore, the proposed amendment could not result in any new environmental impacts beyond those already assessed in the previously adopted mitigated negative declaration. Section 2: Pursuant to Section 94.03.00 (E) "Planned Development Districts" of the Zoning Code, a Planned Development District (PDD) may be established in accordance with the procedures required by Section 94.02.00 "Conditional Use Permit". Furthermore, Section 94.03.00 (G) provides that Planned Development Districts may be modified by following the same procedure outlined in 94.02.00. Findings can be made in support of amending the existing Planned Development District as follows: a. The proposed planned development amendment is consistent and in conformity with the general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed amendment to the planned development district is consistent with the General Plan, which includes policies specifically relating to the expansion of the City's housing needs. The proposed amendment is also consistent with Section 94.07.00(A)(2) of the Code as amended, which represents the General Plan and Zoning for the property on which the project is located. b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The main subdivision which is Tract 30058 is built out with the exception of lettered lots that were designated for ancillary uses such as retention basins, well site and recreation areas. The site is physically suitable for the proposed amendment in terms of size of parcels, access and relationships to existing land uses in the immediate vicinity. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. Planning Commission Resolution No. 6102 Case No. 5.0889 AMND-8 PDD 272 November 12, 2009 Page 3 of 5 The proposed amendment to the Planned Development District will modify a very small portion of an existing gated community; upon completion of the new lots, the development will still reflect a manner that is conducive with the housing development sought for in the area. Section 3: The development standards for PDD 272 shall apply to the amended proposal and Parcel Map 35253 as follows: Table 2: Development Standards for PDD #272 PDD- 272 A_ MND-B Lot Area Three single-family residential lots will be added to PDD 272 as a result of the amendment; varying Parcel 1 is 7,359 sq. ft., Parcel 2 is 7,301 sq. ft.& Parcel 3 is 7,240 sq. ft Size The minimum house size shall be 1,650 sq. ft. Lot width Lot depth Front yard The maximum building shall be 24 feet per the original PDD requirements. Approximately 775 feet for multi family lot. Minimum 60 feet for single family lots per original PDD The minimum lot depth for all single-family residential lots shall be 100 feet. The minimum front yard setback shall be 5 feet for side entry garages and 20 feet for front loaded garages per original PDD. Int. side yard The minimum side yard setback shall be 5 feet per original PDD 272 Rear yard I The minimum rear yard setback shall be 15 feet Open Space Open Space requirement shall be consistent with the requirements of original PDD Parking Every single-family unit is required to provided an attached 2-car garage required Section 4: Pursuant to the City Council Policy dated September 17, 2008, the following "Public Benefits" are hereby approved and recommended for approval by the city Council: 1 The project as a public benefit, bringing additional housing to the City of Palm Springs. 2 Converting a vacant property that was previously designated for a well site to desirable single-family residential homes in a gated community. MAP WAIVER The approval of the map waiver is dependent on the Planning Commission findings that the proposal complies with applicable requirements as to area, general plan, improvements and design, floodwater drainage control, NO Planning Commission Resolution No. 6102 Case No. 5.0889 AMND-B PDD 272 November U. 2009 Page 4 of 5 appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this title. 1. Area Planned Development District 272 requires a minimum lot area of 5,300 square feet, lot width of 60 feet and lot depth of 100 feet. The subdivision will create three parcels. Parcel 1 will be approximately 7,359 square feet in size, 64 feet wide and 115 feet deep. Parcel 2 will be approximately 7,301 square feet in size, 63.50 feet wide and 114 feet deep; Parcel 3 will be approximately 7,240 in size, 63.50 feet wide and 114 feet deep. The subdivision is consistent with the established PDD area, width and depth requirements. The proposed parcels will have sufficient area for the single-family residential development as demonstrated by other properties in the existing tract 30058. 2. General Plan The General Plan designation of the property is MDR (Medium Density, Residential). This designation allows for the development of between 6.1 and 15.0 dwelling units per acre. The proposed subdivision will allow for the development of three parcels on approximately 21,813-square foot property; this is well below the threshold of the General Plan. Furthermore, the traffic analysis done for the project indicate the roadway network in the vicinity of the project is capable of handling the density and volume of traffic to be generated by the additional residential use. Therefore the site is adequately and properly relates to the street network supporting the project. 3. Improvements and design Street improvements are already installed. There are no improvements proposed for the division of the lot in question. 4. Floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection. The subject property is not located within a flood zone. The proposed parcels have access to an improved public road. Sanitary sewer service is available in this area. Water service is available subject to the terms, conditions, limitations and restrictions set forth by Desert Water Agency. The streets are already improved and all utilities exist and are operating in the gated community. Planning Commission Resolution No. 6102 Case No. 5.0889 AMND-B PDD 272 November 12, 2009 Page 5 of 5 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case 5.0889 AMND-B PDD 272 and Parcel Map Waiver 35253, as the amended PDD, subject to conditions set forth in Exhibit A. ADOPTED this 12t" day of November, 2009. AYES: 6, Caffery, Conrad, Hudson, Donenfeld, Scott and Cohen NOES: None. ABSENT: 1, Munger ABSTAIN: None. ATTEST: g�fe6ctef AIC�( Dir of Planni ervices O CITY OF PALM SPRINGS, CALIFORNIA EXHIBIT A 5.0889-AMND-B & TPM 35253 K. HOVNANIAN FOUR SEASONS HOMES 1221 SOLANA TRAIL November 12, 2009 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. I»,1i!Ii;IIi!CC7 ADMINISTRATIVE ADM 1. Project Description. This approval is for the project described per Case 5.0889-AMND-B PDD Amendment and TPM 35253 Parcel Map Waiver, except as modified by the conditions below. ADM 2. The amended Planned Development District and Parcel Map 35253 shall comply with all the conditions of approval and development standards of Cases 5.0889-PDD 272 and Tract 30058. ADM 3. The previously approved architectural and Final Development Plans including landscape plans for PDD 272 and Tract 30058 shall be used for Parcels 1, 2, and 3 of Map 35253 ADM 4. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 5. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 6. Parcel Map _Waiver. This approval is for Parcel Map Waiver TPM 35253 located at 1221 Solana Trail, date stamped June 24, 2009. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions. ADM 7. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees frnm mmi rlaim artinn nr nrnroariinn mnainct fha ('Iffit of Palm gnrinnc Conditions of Approval f 5.0889 AMND-B / TPM35253 i Page 2 of 2 November 12, 2wis, or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning 5.0889-AMND-B and TPM 35253, a Parcel Map Waiver Application. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter or pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 8. Time Limit on Approval. Approval of the PDD Amendment and Parcel Map Waiver (TPM 35253) applications shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ENGINEERING DEPARTMENT Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. A.. ENG 1. The applicant shall submit an application to the Engineering Division for a Certificate of Compliance, prepared by either an appropriately licensed registered Civil Engineer or a Land Surveyor. The Certificate of Compliance shall be approved prior to issuance of a building permit on any of the three parcels comprising Tentative Parcel Map No. 35253. END OF CONDITIONS EO