Planning Commission
MEETING DATE: 8/15/2018
Title
CASE NO. Planned Unit Development Amendment No. 17-001A, Tentative Tract Map No. 37354, and Variance No. 17-006A
APPLICANT: GHA Companies, Mario Gonzales
LOCATION: East of Cree Road, between Carey Road and Jones Road (APN: 681-310-014 & -016)
REQUEST: An amendment to Planned Unit Development No. 17-001, and an amendment to Variance No. 17-006, and a minor change to Tentative Tract Map No. 37354, to accommodate additional single-story homes, reducing the number of lots from 48 to 45 and making other minor changes to the tract map, and approving 11 additional front yard setback variances.
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STAFF PLANNER:
Robert Rodriguez, Planning Manager
RECOMMENDATION:
Recommendation
That the Planning Commission approve an amendment to Planned Unit Development No. 17-001 and Variance No. 17-006, and recommend that the City Council approve the proposed minor changes to Tentative Tract Map No. 37354, and finding the request consistent with the previously approved Mitigated Negative Declaration.
Body
FINDINGS:
APPROVAL OF THE PLANNED UNIT DEVELOPMENT AMENDMENT NO. 17-001A, APPROVAL OF Variance amendment No. 17-006A, and
RECOMMENDATION THE COUNCIL APPROVE THE MINOR CHANGE TO TENTATIVE TRACT MAP NO. 37354 is based on the following findings:
1. No substantial changes are proposed in the project that would require major revisions of the previously approved CEQA Mitigated Negative Declaration (approved on February 21, 2018) for Planned Unit Development No. 17-001 due to any new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
2. No substantial changes have occurred with respect to circumstances under which the project was undertaken that would require major revisions of the previously approved CEQA Mitigated Negative Declaration due to any new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
3. No new information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the previous CEQA Mitigated Negative Declaration was approved has been identified;
4. The reduction of lots and other proposed revisions are consistent with the RR (Resort Residential) designation of the General Plan, development standards of the RR (Resort Residential) zoning district and Chapter 9.94 (Planned Unit Development) of the Cathedral City Municipal Code.
5. The use of the Planned Unit Development provides for more open space, both active and passive, and other pertinent amenities while allowing flexibility with setbacks, use of private streets, and calculation of density;
6. The approval of the additional 11 variances will not be materially detrimental to other properties in the area or the permitted use thereof;
7. There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply to other properties in the same zone or vicinity;
8. The strict application of the Municipal Code, Title 9, deprives such property of privileges enjoyed by other properties in the vicinity or in the same zone;
9. The granting of the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity or zone in which the property is located;
10. The granting of the variance is compatible with the objectives, policies, general land uses and programs specified in any adopted general plan;
11. The proposed project is compatible with existing and planned land uses and with circulation patterns on adjoining properties, and will not be a disruptive element to the neighborhood or community;
12. The site of the proposed land division is physically suitable for the type and density of the proposed development;
13. The design of the proposed land division and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
14. The design of the proposed land division and improvements are not likely to cause serious public health problems;
15. The design of the proposed land division and improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed land division; and
16. In arriving at its decision, the Planning Commission has considered all testimony, written and oral, submitted in relation to this proposal.
BACKGROUND:
On February 21, 2018, a Planned Unit Development (PUD), Tentative Tract Map (TTM), Tentative Parcel Map (TPM) and Variance (VAR) were approved by the Planning Commission for the development of a 48-unit single-family residential private community on 7.46 acres within the RR (Resort Residential) Zoning District. (see Attachment 1)
However, due to the demand of the real estate market and feedback from buyers of the applicant’s adjacent development, The District at the Edge, they have determined that there is a greater demand for single-story homes. Therefore, on July 26, 2018, the applicant submitted a PUD amendment application to accommodate 17 additional single-story homes.
ANALYSIS:
The PUD amendment proposes to increase the number of single-story homes (Plan 4) from 10 to 27. To accommodate the larger lots of the single-story homes, several revisions are proposed to the approved Site Plan for the Planned Unit Development (see Attachment 2) and Tentative Tract Map (see Attachment 4).
Number of Lots
The number of lots will be reduced from 48 to 45, decreasing the density from 6.43 to 6.03 dwelling units per acre, which complies with the maximum density of 6.5 units per acre permitted under the RR (Resort Residential) designation of the General Plan.
Street Widths and On-Street Parking
Street “C” will be reduced from 37’ to 33’ and parking limited to only one side of the street and Street “B” will be increased from 29’ to 33’ and parking added on one side of the street. The proposed street widths are consistent with private street development standards and have been reviewed by both the Engineering and Fire Departments.
New Parking Areas
To accommodate the additional single-story homes and variance request (see below), additional guest parking is required. A new parking area with five parking stalls, including two ADA spaces, was added adjacent to the community’s recreation area and two parking stalls were added to the northerly end of “District East”. These new parking areas along with the available street parking and homes with minimum 20’ driveways will provide 53 guest parking spaces which complies with the one guest space per unit requirement of a PUD.
Recreation and Open Space
The community’s recreation area will be reduced from 7,900 to 6,900 square feet. However, the clubhouse building and pool will remain the same size. The park/retention area will be reduced from 12,790 to 12,500 square feet. As a result, the total square foot of active open space will be reduced from 26,350 to 25,100 square feet. A PUD is required to have a minimum of 500 square feet of active open space per dwelling unit. With the reduction in the number of lots, the project will have approximately 557 square feet per unit, thereby meeting the requirement.
Plan Type Mix
The increase in single-story units (Plan 4) will change the plan type mix of the development as follows:
Approved Site Plan
Plan 1 - 10 units
Plan 2 - 16 units
Plan 3 - 12 units
Plan 4 - 10 units
Proposed Site Plan
Plan 1 - 0 units
Plan 2 - 10 units
Plan 3 - 8 units
Plan 4 - 27 units
To maintain a visually appealing street scene, and ensure that no two architectural schemes are next to one another, the applicant has submitted three additional Plan 4 color schemes that will be reviewed by the Architectural Review Committee prior to Planning Commission consideration.
Section 9.94.140 of the Municipal Code allows the Planning Commission to approve amendments to Planned Unit Developments that the Commission finds are minor in nature. An amendment may be considered minor if it does not change the boundaries of the subject property, involve the addition of a new use or group of uses, or changes greater than 10% in approved densities, yards, height, open space or landscaping. Based on the information above, this is a minor amendment to Planned Unit Development No. 17-001.
Section 8.2 of the City’s Subdivision Ordinance provides that “minor changes” to an approved Tenative Map are approved by the City Council after a recommendation by the Planning Commission. A “minor change” is “a modification of an approved tentative map that involves a change of lot lines, lot shape, lot dimensions, street alignment width or grade, grading proposals or other elements that do not change the basic design or improvements required in the approved tentative map and the conditions thereof.” Based on the information above, the changes to the map are “minor changes” and the Planning Commisison is requested to recommend that the Council approve those changes.
Variance
In a PUD, all structures are required to be setback from a public or private right-of-way a minimum of ten feet. In the original approval, 26 lots were granted variances for a five-foot setback from the garage to the private street. To accommodate the additional single-story homes, the applicant is requesting 11 additional variances for a five-foot setback from the garage to the private street. If approved, Variance No. 17-006 would be amended and variances approved for the following 37 lots: 1, 2, 4-7, 9-15, 17, 18, 20-22, 24-37, 39, 41, 42, 44 and 45.
The granting of the variance would be consistent with the adjacent project, The District at the Edge, which was granted a similar five-foot variance, and because the variance is concerning front yard setbacks relative to private streets within a gated community, would not be detrimental to other properties in the area.
Chapter 9.76 of the Municipal Code gives the Planning Commission the authority to approve variances.
A Proposed Site Plan and Amended Tentative Tract Map have been provided (see Attachments 3 and 4) which reflects the requested revisions. The existing Conditions of Approval for Planned Unit Development No. 17-001, Tentative Tract Map No. 37354, Tentative Parcel Map 37454 and Variance No. 17-006 would remain applicable to this amendment, unless specifically revised and approved by the City.
ENVIRONMENTAL ANALYSIS:
Staff reviewed the application in accordance with Section 15162 of the CEQA guidelines and it has been determined that since the approval of the CEQA Mitigated Negative Declaration on February 21, 2018, there have been no substantial changes to the overall project, no new significant environmental effects, no substantial increase in the severity of the previously-identified impacts, and no new information of substantial importance that would change or modify the conclusions reached in the initial document. Therefore, no additional environmental action is required.
PUBLIC NOTIFICATION:
This project and the environmental determination were noticed in accordance with the City Municipal Code and CEQA.
ATTACHMENTS:
Attachment 1: February 21, 2018 Planning Commission Staff Report (no attachments)
Attachment 2: Approved Site Plan
Attachment 3: Proposed Site Plan
Attachment 4: Amended Tentative Tract Map
Attachment 5: Plan 4 Additional Color Schemes
Attachment 6: Public Hearing Notice