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HomeMy WebLinkAbout2020-05-19 PC Regular Meeting Agenda Packet CITY OF PALM DESERT REGULAR PALM DESERT PLANNING COMMISSION MEETING AGENDA TUESDAY, MAY 19, 2020 – 6:00 P.M. ZOOM VIRTUAL MEETING I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. SUMMARY OF CITY COUNCIL ACTIONS V. ORAL COMMUNICATIONS Any person wishing to discuss any item not appearing on the agenda may address the Planning Commission via the Zoom session at this point by giving his/her name and address for the record. Remarks shall be limited to a maximum of three (3) minutes unless the Planning Commission authorizes additional time. Because the Brown Act does not allow the Planning Commission to take action on items not on the Agenda, members will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for report and recommendation at a future Planning Commission meeting. Options for Public Participation: • Public comment may be received by email or voicemail from the time the agenda is posted up until one (1) hour prior to the posted time of meeting convening (5:00 p.m.). Emails will be distributed for the record prior to the meeting. If the sender so requests, the email will be read into the record during the virtual meeting. Emails shall be limited to a maximum of three (3) minutes. Email: planning@cityofpalmdesert.org In consideration of the current Coronavirus/COVID-19 Pandemic and pursuant to California Governor Newsom’s Executive Orders, Planning Commissioners may participate via teleconference. AGENDA REGULAR PLANNING COMMISSION MEETING MAY 19, 2020 2 • Voicemails will be forwarded to the Planning Commission at or near the time they are received. If the sender requests, they may also be saved and played at the appropriate point in the live meeting. Voicemails shall be limited to a maximum of three (3) minutes. Voicemail: (760) 776-6409 • Via Zoom/teleconference: Webinar ID 898 6970 1684 or by phone dial 1 (669) 219-2599. A password will be required to join the Zoom meeting, please email moreilly@cityofpalmdesert.org to request the password prior to meeting convening (until 5:00 p.m.). Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the office of the Department of Community Development and are available for public inspection on the City’s website: cityofpalmdesert.org. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE PLANNING COMMISSION OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular Planning Commission meeting of February 4, 2020. Rec: Approve as presented. Action: B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application for a lot line adjustment at 131 Navtem Place (APNs 771-310-002 and 771-280- 065). Case No. PMW 19-0006 (Steven J. Van, Corona, California, Applicant). Rec: By Minute Motion, approve Case No. PMW 19-0006. Action: C. REQUEST FOR CONSIDERATION to approve a one-year time extension for Precise Plan and Conditional Use Permit 16-394 for The Sands multi-family housing development on the south side of Hovley Lane East and east of Portola Avenue. Case No. PP/CUP 16-394 (MSA Consulting, Inc., Rancho Mirage, California, Applicant). Rec: By Minute Motion, approve a one-year time extension, until April 26, 2021. Action: AGENDA REGULAR PLANNING COMMISSION MEETING MAY 19, 2020 3 D. REQUEST FOR CONSIDERATION to approve a one-year time extension for Tentative Tract Map 36342 for the subdivision of 22+ acres into 96 units consisting of 84 cluster units, 64 attached units, 48 single-family homes, and a private recreation facility development located on the northwest corner of University Park Drive and College Drive. Case No. TPM 36342 (WSI Mojave Investments, LLC, c/o: Mike Byer, Irvine, California, Applicant). Rec: By Minute Motion, approve a one-year time extension, until May 21, 2021. Action: VII. CONSENT ITEMS HELD OVER VIII. NEW BUSINESS None IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless the Planning Commission authorizes additional time. A. REQUEST FOR CONSIDERATION for approval of a request for revisions to building pad elevations for approved Tentative Tract Map 37506 for the subdivision of approximately 174+ acres of vacant land located south of Gerald Ford Drive, east of Portola Avenue, and west of Cook Street. Case No. TTM 37056 Amendment No. 1 (University Park Investors, LLC, Pleasanton, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2774, approving Case No. TTM 37056 Amendment No. 1 for revisions to the building pad elevations. Action: B. REQUEST FOR CONSIDERATION for approval of a request by West Coast Cannabis Club to amend Condition of Approval No. 5 of Planning Commission Resolution No. 2742, limiting retail business hours to 5:00 p.m. for the cannabis retail component of their operations located at 42-650 Melanie Place. Case No. CUP 17-0018 Amendment No. 1 (West Coast Cannabis Club, Cathedral City, California, Applicant). AGENDA REGULAR PLANNING COMMISSION MEETING MAY 19, 2020 4 Rec: Waive further reading and adopt Planning Commission Resolution No. 2775, approving Case No. CUP 17-0018 Amendment No. 1 to amend Condition of Approval No. 5 of Planning Commission Resolution No. 2742. Action: C. REQUEST FOR CONSIDERATION for approval of a Tentative Parcel Map to subdivide a 1.12-acre commercial lot into two parcels at 41-651 Corporate Way, and adopt a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Case No. TPM 37883 (The Altum Group, Inc., Palm Desert, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2776, approving Case No. TPM 37883, subject to the conditions of approval; and adopt a Notice of Exemption. Action: XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION XIII. REPORTS AND REMARKS XIV. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 15th day of May 2020. CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, FEBRUARY 4, 2020 – 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Ron Gregory called the meeting to order at 6:01 p.m. II. ROLL CALL Present: Commissioner Joseph Pradetto Commissioner John Greenwood Commissioner Nancy DeLuna Vice-Chair Lindsay Holt Chair Ron Gregory Also Present: Craig Hayes, Assistant City Attorney Ryan Stendell, Director of Community Development Eric Ceja, Principal Planner Jessica Gonzales, Senior Management Analyst Christina Canales, Engineering Assistant Nick Melloni, Assistant Planner Monica O’Reilly, Management Specialist II III. PLEDGE OF ALLEGIANCE Vice-Chair Lindsay Holt led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION None V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 2 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of December 3, 2019. Rec: Approve as presented. A. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application for a lot line adjustment at 125 Suuwat Way (APNs 771-260-044 and 771-280-068). Case No. PMW 19-0004 (Evergreen Capital Trust, Sumner, Washington, Applicant). Rec: By Minute Motion, approve Case No. PMW 19-0004. Upon a motion by Commissioner Pradetto, seconded by Commissioner DeLuna and a 4-0 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: None; ABSTAINED: Holt). VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS A. SELECTION of a Chairperson and Vice-Chairperson. Commissioner DeLuna moved to, by Minute Motion, nominate and appoint Vice-Chair Holt to Chair. The motion was seconded by Commission Greenwood and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). Commissioner DeLuna moved to, by Minute Motion, nominate and appoint Commissioner Greenwood to Vice-Chair. The motion was seconded by Commission Pradetto and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). B. SELECTION of Commission Liaisons for Art in Public Places and Parks and Recreation Commissions. Commissioner Gregory moved to, by Minute Motion, reappoint Chair Holt to the Art in Public Places Commission. The motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). Commissioner DeLuna moved to, by Minute Motion, reappoint Vice-Chair Greenwood to the Parks and Recreation Commission. The motion was seconded by Commission Gregory and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 3 IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION for approval of a recommendation to the City Council for a Zoning Ordinance Amendment to amend Palm Desert Municipal Code Section 25.32.030 “Accessory Dwelling Units,” Section 25.10.030, Section 25.18.040, and Section 25.99.020 to comply with recently enacted State legislation pertaining to accessory dwelling units and junior accessory dwelling units. Case No. ZOA 20-0001 (City of Palm Desert, Applicant). Commissioner Nancy DeLuna recused herself from Public Hearing Items A and B. The Zoning Ordinance Amendments could affect her employer, who is a multi-family housing developer. Assistant Planner Nick Melloni presented the staff report (staff report(s) are available at www.cityofpalmdesert.org). He noted that staff posted a public hearing notice in The Desert Sun, and did not receive any comments. He recommended approval of the resolution. In terms of the architectural review process, Vice-Chair John Greenwood asked how the accessory dwelling unit (ADU) legislation affects lot coverage and setbacks in comparison to primary residences. Mr. Melloni stated that State legislation prohibits cities from imposing a minimum lot standard. Apart from that, the City can apply all other applicable development standards. Except in the case where an ADU is detached less than 800 total square feet, has a maximum height of 16 feet, and a minimum of a four-foot setback from the side and rear of the property. Vice-Chair Greenwood clarified if an owner has an ADU under the 800 square-foot requirement, the owner can be within four feet of the property line. Mr. Melloni replied that is correct. He mentioned that staff added design guidelines to address an ADU that is less than 800 square feet and the minimum four-foot setback. Commissioner Gregory inquired if the setback would influence future development in the City. For example, if a developer wishes to build multiple residential units, would the developer be able to go for the four-foot setback instead of the City’s greater setback in anticipation of building an ADU. In general, Mr. Melloni replied no. He explained that any new development would need to conform to the established minimum setback standards. If the developer is proposing an ADU along with a single-family home, the developer has that option as long as they are in conformance with the State. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 4 If someone wishes to build an ADU on a lot with an existing home and understands the City’s requirement that the architecture must match the existing home and the ADU cannot exceed the existing architecture, Commissioner Gregory asked if the City would have the same prerogative concerning code enforcement or building inspections. Mr. Melloni replied yes. Vice-Chair Greenwood inquired where other cities in the Coachella Valley are, concerning conform ance with State requirements. Mr. Melloni responded that during his research and looking for what other cities in the Coachella Valley have done, he did not see other jurisdictions adopt the new ADU laws. He pointed out that all cities in the State of California are subject to State laws. Commissioner Gregory asked Mr. Melloni to walk the Planning Commission through the first bullet point on page two of the staff report. Mr. Melloni communicated that a one-bedroom or a studio could have a maximum area of 850 square feet. For a multi-bedroom, the maximum area is 1,000 square feet. Commissioner Gregory asked what would happen if someone wanted to build a larger ADU on a large lot. Based on the ordinance, Mr. Melloni stated that the developer is not allowed to build a large ADU; however, the developer would be subject to other development standards. Commissioner Gregory commented that it seems like a great opportunity for people to game the system. He wondered about loopholes that the new provisions are creating and how the City would deal with someone taking advantage of the State laws. Mr. Melloni stated that with an approval of an ADU, the City requires the applicant to record a declaration of restrictive covenants, which states what is within the ADU. Director of Community Development Ryan Stendell added that Commissioner Gregory is right to wonder what kind of loopholes the new laws may create. However, the Zoning Ordinance Amendment (ZOA) is an attempt to preserve control of what the City may have with design and architecture. He believed many cities are burying their heads in the sand or dealing with the new laws in a similar way as Palm Desert. He stated that the approach the governor is taking does not fit all cities. Chair Holt clarified that State law allows for one ADU and one junior accessory dwelling unit (JADU), not two ADUs. Mr. Melloni replied that is correct. Chair Holt asked if the ordinance would require property owners to meet the minimum or maximum lot coverage restrictions, and they would only be able to build up to what would be allowed on the property. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 5 Mr. Melloni replied that is correct. Chair Holt clarified that there is no requirement for parking for JADUs, but there is a parking requirement for the ADUs unless it is within a half-mile walking distance of public transit. Mr. Melloni replied that is correct. Chair Holt inquired if sprinklers are required for new construction. Mr. Melloni replied yes. Chair Holt pointed out a grammatical error under Item F, 1B in the Planning Commission Resolution. Delete “is” after the word dwelling. Commissioner Gregory also pointed out that the wording on page two under Item G of the Planning Commission Resolution needed to be changed. He referred to Item B of the Landscape Requirements. He asked if Item B was the City’s recommendation. Mr. Melloni responded that legal counsel provided the landscape requirement. If the setback is four feet, Commissioner Joseph Pradetto inquired if the landscaping would have to be crammed within the four-foot setback and between the neighbors. Mr. Stendell responded that a four-foot setback is an appropriate landscape area for some landscaping. He said staff could review landscaping on an as-needed basis. He noted that the landscape requirement is a recommendation to the City Council. The Planning Commission could request to have staff look at the landscape requirements and have the requirements augmented prior to presenting the ZOA to the Council. Commissioner Pradetto understood and summarized that the State is struggling on how to deal with homelessness and affordability of housing, which is the impetus for these new State laws and the idea to create new housing stock. He stated that the new laws invalidate the City’s current ordinance on ADUs. Therefore, now until the City Council approves the ZOA, the City is under the jurisdiction of the State’s law, which is almost completely unregulated in terms of design standards—aside from health and safety concerns. He asked if that is correct so far. Mr. Melloni replied yes. Commissioner Pradetto continued that City staff has determined something needs to be in place, and there is a model ordinance from Best Best & Krieger (BBK). He asked how the proposed ordinance amendment differs from the model ordinance, and how staff incorporated their concerns into the proposed ordinance. Mr. Melloni responded that one concern was height. He explained that in the R-1 (Single- Family Residential) zone has a maximum height of 15 feet. However, the State law maximum height requirement is 16 feet. He said staff implemented design standards that PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 6 assist with Section 8. Additionally, staff addressed the concern with ADUs and JADUs in the HPR (Hillside Planned Residential) zone. Commissioner Pradetto asked if staff had any other concerns related to the ordinance. Mr. Melloni replied no. Commissioner Pradetto believed that in terms of loopholes, the governor is saying the City’s loopholes are his solution. He said from the State’s perspective, they are not loopholes it is their intent. Looking at the ordinance as a whole, he liked the architectural requirements and dealing with health and safety. He believed there would be some adjusting throughout the State; however, Palm Desert may not need to rush to build ADUs/JADUs like in other areas. He commented that Palm Desert could learn from other cities’ mistakes over time. Chair Holt declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With further testimony offered, Chair Holt declared the public hearing closed. Vice-Chair Greenwood stated that Commissioner Pradetto’s comments were accurate. Vice-Chair Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2771, recommending approval of Case No. ZOA 20-0004 to the City Council. The motion was seconded by Commissioner Pradetto and carried by a 4-0 vote (AYES: Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: DeLuna). B. REQUEST FOR CONSIDERATION to adopt resolutions recommending approval to the City Council to amend the Palm Desert Municipal Code and replace Section 25.28.030 “Medium/High-Density Housing Overlay District” in its entirety with a new “Housing Overlay District,” and apply said overlay district to parcels identified in the City’s Housing Element and parcels owned by the Housing Authority. Case No. ZOA 19-0004 (City of Palm Desert, Applicant). Principal Planner Eric Ceja outlined the salient points of the staff report and recommended approval to the City Council. He offered to answer any questions. Commissioner Gregory commented that in the past couple of years, staff presented housing projects to the Planning Commission. He asked if a project like The Sands would be more likely to move forward with the Housing Overlay District (HOD). Mr. Ceja responded that The Sands is not a good example. He said that The Sands property has an affordable housing component for the past 30 years. He pointed out that a better example is Parcel G. It is a project that the Planning Commission has recommended approval to the City Council; however, City staff were not able to take it to the Council because staff is still negotiating the affordable housing component for that site. If the City Council approves the ZOA, he stated the City would apply the HOD to Parcel G. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 7 Mr. Stendell added that this request came from a Councilmember. The Councilmember felt that the City was being consistent in being inconsistent with negotiating affordable units. Therefore, the intent was to create something that would be fair, have an incentive base, and help speed up the development of affordable units. Vice-Chair Greenwood inquired if there is any support from utility companies to assist with fees to develop a low-income housing project. Mr. Ceja replied no. However, utility companies have other programs in place. For example, Southern California Edison can cap utility rates or help with utility improvements on properties. He stated that school districts do not waive fees for affordable housing projects. He mentioned that the highest fee developers have to pay in the Coachella Valley is the Transportation Uniform Mitigation Fee, which the Coachella Valley Association of Governments (CVAG) established and manages. CVAG created an exception for affordable housing projects. Mr. Stendell mentioned that the Housing Division was incorporated into the Community Development Department in July 2019, and introduced Senior Management Analyst Jessica Gonzales. For new construction, Ms. Gonzales noted that utility companies are establishing new programs that would facilitate some options for affordable housing projects. Chair Holt declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no testimony offered, Chair Holt declared the public hearing closed. Commissioner Gregory moved to waive further reading and adopt Planning Commission Resolution Nos. 2772 and 2773, recommending approval of Case No. ZOA 19- 0004 to the City Council. The motion was seconded by Commissioner Pradetto and carried by a 4-0 vote (AYES: Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: DeLuna). XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION Vice-Chair Greenwood reported that there was an election of officers, and the Commission discussed a community service award program. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 8 XIII. REPORTS AND REMARKS Commissioner Pradetto asked if the Planning Commission staff reports are available on the City’s website. Mr. Stendell replied yes. Commissioner Pradetto requested an email with the link to the agenda when it is complete. XIV. ADJOURNMENT With the Planning Commission concurrence, Chair Holt adjourned the meeting at 6:54 p.m. LINDSAY HOLT, CHAIR ATTEST: RYAN STENDELL, SECRETARY MONICA O’REILLY, RECORDING SECRETARY CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: RYAN STENDELL, DIRECTOR OF COMMUNITY DEVELOPMENT From: CHRISTINA CANALES, ENGINEERING ASSISTANT Date: May 4, 2020 Subject: PARCEL MAP WAIVER NO. 19-0006 The above-referenced parcel map waiver has been reviewed by the Engineering Division of the Public Works Department and found to be technically correct. Please schedule for Planning Commission action as soon as possible. PMW 19-0006: Applicant/Representative: Steven J. Van 7930 Summer Day Drive Corona, CA 92883 Property Owner: Winchester Properties, LLC Robb Henderson 879 Gladiola Street Salt Lake City, UT 84104 ---------------------------------------- Christina Canales Engineering Assistant PLANNING COMMISSION STAFF REPORT CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT MEETING DATE: May 19, 2020 PREPARED BY: Eric Ceja, Principal Planner REQUEST: Consideration of a request to approve a one-year time extension for Precise Plan and Conditional Use Permit 16-394 for The Sands multi-family housing development on the south side of Hovley Lane East and east of Portola Avenue. Recommendation By Minute Motion, approve a one-year time extension for Precise Plan/Conditional Use Permit (PP/CUP) 16-394, until April 26, 2021. Property Description On April 26, 2018, the City Council approved a density bonus for The Sands, a multi-family housing development on a vacant 17+ acre parcel located on the south side of Hovley Lane East and east of Portola Avenue. The project consists of approximately 388 apartments, clubhouse and recreational amenities, and a mix of two-, and three-story buildings. Per the City’s Municipal Code, development entitlements are valid for a period of two (2) years, and the Planning Commission can grant extensions of entitlements in one-year increments. Time Extension Building plans have been submitted to the City for permitting of the project site; however, in mid- 2019, the original developer, New Cities Investments, filed for bankruptcy. Since then, the lender for the project, Century Housing, and the project representative, MSA Consulting, have made formal requests for a one-year time extension from the Planning Commission. Since the filing for bankruptcy, several affordable housing developers have expressed interest in developing the project. Because this is a significant project that provides affordable living units in proximity to schools and job centers, staff is recommending a one-year time extension as allowed by Palm Desert Municipal Code. If approved, the project approvals will remain in effect until April 26, 2021. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney Ryan Stendell Ryan Stendell Dir. of Community Development N/A Janet Moore Director of Finance N/A Andy Firestine Assistant City Manager City Manager, Lauri Aylaian: N/A APPLICANT: MSA Consulting, Inc. Rancho Mirage, CA 92270 ATTACHMENT: 1. Letter of Time Extension Request PLANNING COMMISSION STAFF REPORT CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT MEETING DATE: May 19, 2020 PREPARED BY: Kevin Swartz, Associate Planner REQUEST: Approval of a one-year time extension for Tentative Tract Map 36342 for the subdivision of 22+ acres into 196 units consisting of 84 cluster units, 64 attached units, 48 single-family homes, and a private recreation facility development located on the northwest corner of University Park Drive and College Drive. Recommendation By Minute Motion, approve a one-year time extension for Tentative Tract Map (TTM) 36342, until May 21, 2021. Property Description On May 3, 2011, the Planning Commission approved Precise Plan 06-05 and TTM 36342 for 196 units consisting of 84 cluster units, 64 attached units, 48 single-family homes, and a private recreation area. The site has been rough graded; sewer and water lines have been installed. On August 7, 2013, the Planning Commission ratified an extension granted by AB 116 for tentative tract and parcel maps approved after January 1, 2000, and unexpired as of July 11, 2013. AB 116 extended TT 36342 until May 3, 2017. Since 2017, the applicant has received three additional one-year time extensions. In 2014, the current applicant’s company purchased the property and the entitlements. The applicant has been in discussion to sell the property to a developer. University Neighborhood Specific Plan On January 7, 2017, the City Council approved the University Neighborhood Specific Plan (UNSP), consisting of approximately 400 acres. The UNSP supersedes the former 2006 University Park Master Plan. The applicant’s property and TTM 36342 falls within the Neighborhood Medium (NM) Zone. The NM zone is to provide a lively neighborhood environment, within the range of attached single-family housing and intermixed with single- family detached housing. The NM zone also discourages large private yards since there are parks throughout the UNSP. The NM zone also encourages non-gated private developments and homes facing along streets. May 19, 2020 – Planning Commission Staff Report Case No. TTM 36342 Time Extension No. 4 Page 2 of 2 G:\Planning\Monica OReilly\Planning Commission\Staff Reports\5-19-20\TTM 36342 Time Extension\PC Staff Report Time Extension 4.docx The applicant has not changed the original project density or product type, but has made minor modifications to better comply with the UNSP. The minor modifications are allowed per the Subdivision Map Act and do not require additional public hearings. The following modifications have been made in an effort to gain compliance with the UNSP: • Non-gated community. • Re-oriented the single-family lots along University Park Drive to be front facing. • Removal of the perimeter block wall along University Park Drive. • Relocation of the park area to the front on University Park Drive. Time Extension The applicant is discussing selling the property to a developer, and this one-year extension will allow them to continue to negotiate. Generally, as conditioned, the map conforms to the goals and policies of the General Plan. The applicant has also modified the existing map to comply with the vision and goals of the UNSP. Staff is recommending a one-year time extension as allowed by Palm Desert Municipal Code Section 26.20.140 “Extensions of Time” and the Subdivision Map Act. If approved, the map will rem ain in effect until May 21, 2021. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney Ryan Stendell Ryan Stendell Dir. of Community Development N/A Janet Moore Director of Finance N/A Andy Firestine Assistant City Manager City Manager, Lauri Aylaian: N/A APPLICANT: Mike Byer, Vice President WSI Mojave Investments, LLC 3161 Michelson Drive, Suite 425 Irvine, CA 92612 ATTACHMENTS: 1. Letter of Time Extension Request 2. Tentative Tract Map 36342 175 175 176176177177178178179179180180 180 180 180180 180181 18 1 182182183183184 18418518 5 18 5 185 185 185 185 185 185 185 185186186187 187188188189189190190190190 190190 190190 190 190 190190 190 190 190190190 190191 191 192192 193193 194 194 195 195195 195 195195195195195 195 195 195 195 19 5 196 196 197 197198199199200 200200200200200 200200 200 200 200 200 200 200 201201202 202203 203 203204 204 204205205205205205 205 205205205 205 205205 205 3:13:1 3:1 3:13:1205205205 205 2052052:12:12:12:12:12:12:12:12:12:12:1206206 206207207207207208 208208209209209210210210210210 210210 210 210 210 210 210 210 211 210 210 205 207 215 211215 215 214 213 212 210 210210211 211 211 212 212212212213 213 213214214 215 215215 215215215 21521521521 5215 215215215216 216217 217217218 218218219 219219220 220 220 220220 2 2 0 220 220 220 220 220 220220 2202252 2 5 225 225 225 225 2252 3 0 230 230 230 230 2302 3 5235 235 235 235 235240 240 240 240 245 LOT LINE LOT LINE LOT LINE LOT LINE LOT LINE LOT LINE LOT LINE LOT LINE LOT LINE LOT LINE LOT LINE LOT LINE LOT NUMBER LOT NUMBER LOT NUMBER CONDO UNIT NUMBER CONDO LOT NUMBER PI 2% CLR=300' BEGIN/END VERTICAL CURVE POINT OF INTERSECTION CENTERLINE RADIUS STREET GRADE LEGEND FSFINISHED SURFACE GBGRADE BREAK TENTATIVE MAP BOUNDARY PROPOSED STORM DRAIN EXISTING SEWER LINE A REGISTERED CIVIL ENGINEER IN THE STATE OF CALIFORNIA. RCE 63285, EXPIRES 6-30-18 LEGAL DESCRIPTION SEWER: CVWD CABLE TV: TIME WARNER STORM DRAIN: CITY OF PALM DESERT CL AC PAVEMENT 6' BOC R/W 6' 12' 24' BOC R/W 12' VICINITY MAP INDEX MAP PORTOLA AVENTSPACIFIC AVESITE FRANK SINATRA DR GERALD FORD DRIVE COOK STUNI VERSI TY PARK DRTECHNOLOGYDRIVEI NTERSTATE 10PROPOSED SEWER LINE PROPOSED WATER LINE PROPOSED DIP WATER TYPICAL SECTION PROPOSED VCP SEWER SECTION 66456.1 OF THE MAP ACT. CL AC PAVEMENT 6' BOC R/W 6' 12' BOC R/W 8"8" PROPOSED DIP WATER TYPICAL SECTION PROPOSED VCP SEWER 20' 14' 32' 33.33' 25.33' .67'.67'6' CL AC PAVEMENT TYPICAL SECTION 78' 25' 6' 6' SW 8' R/W 38' CURB AND GUTTER PROPOSED AC PAVEMENT 25' 6' 8' 38' CURB AND GUTTER PROPOSED TELEPHONE: VERIZON EXISTING WATER LINE TENTATIVE TRACT 32655 LOT 8 MB 211/63-75 PM 31730 LOT 7 MB 211/63-75 PM 31730 LOT 11 MB 211/63-75 PM 31730 LOT 13 MB 211/63-75 PM 31730 LOT 16 MB 211/63-75 PM 31730 LOT 15 MB 211/63-75 PM 31730 THIS MAP WAS PREPARED UNDER THE DIRECTION OF MARTEN L. ANDERSON. 6' SW 6' 6' 0 SCALE: 1" = 100' 200100100 GENERAL NOTES ENGINEER/CONTACT PERSON EXISTING STORM DRAIN SHEET 1 OF 3 PARK EXISTING BASIN RETENTION EXISTING BASIN RETENTION EXISTING WELL SITE CVWD EXISTING OWNER/APPLICANT/DEVELOPER COLLEGE DRIVE UNIVERSITY PARK DRIVE STREET "B"STREET "B"STREET "O"STREET "F" STREET "F"STREET "C"ST. "G"ST. "E" ST. "D"ST. "I"STREET "M"STREET "Q"STREET "P"ST. "H"ST. "J"ST. "K"ST. "L"ST. "N"ST. "A"NTSNTSNTS 6'8' PARKING 1%4" SDF.S. = +0.8' F.S. = +1.0'2% MIN.NTS 1% YARD DRAIN 4" SDRETAINING WALL EXISTING OF RETAINING WALL F.S. = 0.3' BELOW TOP F.S. = +0.4' ELEV. = 0.0 BACK OF S/W (HIGH SIDE) PAD = +0.50' FF = +1.20' F.S. = +0.5'BASIN TO RETENTION STORM DRAIN 2% MIN.GRATE = +0.4' YARD DRAIN PAD = +1.0' FF = +1.7' GRATE = 0.0 EMITTER DRAINAGE 1%PLAN SLOPE PER PER PLAN TOP OF CURB PLAN SLOPE PER 1%4" SDGRATE = +0.4' YARD DRAIN PAD = +1.0' FF = +1.7' PAD = +1.0' FF = +1.7' F.S. = +1.0'4" SDGRATE = +0.4' YARD DRAIN F.S. = +.70'F.S. = +.70' 1%1%2% MIN.2 % MI N. PER PLAN TOP OF CURB PLAN SLOPE PER SD PAD = +0.6' FF = +1.3' PAD = +0.6' FF = +1.3' PAD = +0.6' FF = +1.3' F.S. = +0.6'F.S. = +0.6'F.S. = +0.6' F.S. = +0.0'F.S. = +0.0'F.S. = +0.0' PLAN SLOPE PER GRATE = +0.5' MAX (TYP) YARD DRAIN SDSD EMITTER DRAINAGE 12% MAX 12% MAX 12% MAX 1. EXISTING GENERAL PLAN DESIGNATION: R-M/R-HO,05/PP 2. EXISTING LAND USE: VACANT. 3. EXISTING SURROUNDING LAND USE: VACANT 9. THOMAS BROS. MAP: 2005 SAN BERNARDINO/RIVERSIDE COUNTIES, PAGE 839, F-1 10. UTILITY PURVEYORS: WATER: CVWD 13. APPLICANT REQUESTS THE RIGHT TO FILE MULTIPLE FINAL MAPS UNDER 17. (FEMA FLOOD ZONE "C": AREAS OF MINIMAL FLOODING PER FIRM PANEL No. 060245-1625C.) OR OTHER STRUCTURES ON THE PROPERTY EXCEPT AS NOTED ON MAP. 18. THERE ARE NO EXISTING OR PROPOSED DWELLINGS, BUILDINGS, PAVED AREAS, 19. SLOPES TO BE PROTECTED FROM OVERFLOW DRAINAGE. TO THE CITY OF PALM DESERT. 20. PUBLIC UTILITY AND STORM DRAIN EASEMENTS OVER LANDSCAPED AREAS SHALL BE GRANTED 16. ALL SLOPES ARE 2:1 EXCEPT WHERE NOTED ON PLANS. AND IS NOT WITHIN A SPECIAL STUDIES ZONE. 12. THIS PROJECT IS NOT SUBJECT TO LIQUEFACTION OR OTHER GEOLOGIC HAZARDS PROPOSED RETAINING WALL PROPOSED STORM DRAIN 68 FF=203.2PROPOSED FINISH FLOOR ELEVATION PROPOSED LOT NUMBER PROPOSED UNIT NUMBER UNIT 47 EMITTER DRAINAGE ROLL CURB (TYP) PROPOSED ROLL CURB (TYP) PROPOSED ROLL CURB (TYP) PROPOSEDROLL CURB (TYP) PROPOSED N.T.S. INTERIOR STREET PARKING ONE SIDE (STREETS B, C, M, O AND P) N.T.S. INTERIOR STREET "NO PARKING" (STREETS F AND Q) CL AC PAVEMENT 6' BOC R/W 6' 12' 24' BOC R/W 12' PROPOSED DIP WATER TYPICAL SECTION PROPOSED VCP SEWER 25.33' .67'.67'6'6' ROLL CURB (TYP) PROPOSED ROLL CURB (TYP) PROPOSED TROUGH 44, OF MAPS RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. LOT 1 OF TRACT NO. 34626, AS SHOWN ON FILE IN BOOK 424 PAGES 40 COUNTY OF RIVERSIDE, CITY OF PALM DESERT, DESCRIBED AS FOLLOWS: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, EXISTING TOPOGRAPHY IS BASED ON PRIOR DEVELOPMENT ROUGH GRADING. 14. ORIGINAL TOPOGRAPHY IS CONTROLLED AND PREPARED BY RBF, INC AT 40 SCALE ACCURACY. GRATE = 0.0 EMITTER DRAINAGE 8' 8' 4' 4' 5' 5' 5' 5' 5' 5' 4. EXISTING ZONING: GROSS: 21.36 AC 6. PROJECT ACREAGE: 11. SCHOOL DISTRICT: PALM SPRINGS UNIFIED. 15. THIS TENTATIVE MAP DOES NOT COVER THE ENTIRE CONTIGUOUS OWNERSHIP OF THE LANDOWNER. ATTN: STEVE LUDWIG ALISO VIEJO, CA 92656 15 ENTERPRISE SUITE 250 HIGHPOINTE COMMUNITIES GAS: SOUTHERN CALIFORNIA GAS COMPANY 130 UNIT 7UNIT 6UNIT 5 515033 1 R/W 7. PROJECT DENSITY: 9.2 DU/AC GROSS TOTAL STREET LOTS: OPEN SPACES: AAOPEN SPACE LOT P.U.E. 9.5' P.U.E. 9.5' P.U.E. 9.5' P.U.E. 9.5' CONDO LOT LINE 130 LOT Nos. N.T.S. FOR REFERENCE ONLY UNIVERSITY PARK DRIVE COLLEGE DRIVE AND 8. LOT SUMMARY: CONDO LOTS/UNITS: ELECTRIC: SOUTHERN CALIFORNIA EDISON IS FILED PURSUANT TO THE SUBDIVISION MAP ACT. (LOTS 119-129) AS DEFINED IN SECTION 1350 OF THE CIVIL CODE OF STATE OF CALIFORNIA AND 21. THIS SUBDIVISION IS A SINGLE FAMILY SUBDIVISION (LOTS 1-118) AND A CONDOMINIUM PROJECT CONDOMINIUMS, OPEN SPACE 5. PROPOSED LAND USE: SINGLE FAMILY DETACHED, SINGLE FAMILY ATTACHED, TYPICAL CONDOMINIUM PLOTFAMILY ATTACHED PLOT TYPICAL SINGLE TYPICAL SINGLE FAMILY DETACHED PLOT LOTS 1 THRU 32 SINGLE FAMILY DETACHED: SINGLE FAMILY ATTACHED:ST. "R"2 3 AMMENITY PARK ST ATO F O AIIISEEDSS O ALE N I EERECALIF RNICVLREGTRPROFEINGNNo. 63285 LLIEN 'O LRAC DRA HCIRExp. 6-30-18 RICHARD CARL O'NEILL DATE N.T.S. INTERIOR STREET "NO PARKING" (STREETS D, E, G, H, I, J, K, L, N AND R) 17 6 PARKING: GARAGES = 394 SPACES PROVIDED OPEN PARKING: 73 SPACES AA-FF A-Q TOTAL LOTS= 147 49-11264 113-124 12/84 TOTAL DWELLING UNITS= 196 48 1-48 TYPICAL SINGLE FAMILY DETACHED PLOT LOTS 33 THRU 48 22. THE SITE WILL NOT BE GATED. DATE BY REVISIONS G:\16376\Civil\16376tm01.dgn PLOT DATE:JN 1637610-FEB-2017 c Rick Engineering Company2017IN THE COUNTY OF RIVERSIDE, CALIFORNIA 36342 UNIVERSITY PARK AMENDED TENTATIVE TRACT MAP NO. DATE PREPARED : JULY 1, 2011 REVISED: FEBRUARY 10, 2017 175 175 176177178179180 180 1801801 8 1 182183184185 185 185 185 185 185186187188189190190190190 190 190190 190 190190190191 192193194 195195195195195 195 195 195 196 197 198199200200200200200200 200 200 200 201202 203 203 204 205205205205205 205205 205205 2052:12:12:12:12:12:1206 207207208209210210210210210 211 215 214 213 212 210211 211 212 212212213 213 214215 215215 215215215 215215 215216217218219220220 220220 2202252 2 5 225 225230 230 230235 235 235 240 240 173.7174.2174.3174.9 175 175175.5175.5175.6175.7176176.3 176.4176.5 177177.4177.5177.6 178178.7 179179.4 180 180 180180180.4180.6 1 8 1 181.4 182183183.6 184185 185 185 185 185 185186187187.4 188188.5188.6 189189.6189.6189.8190 190190 190 190190190191 191.2 192192.7 193194195 195195 195 195 195 196 197 198199200200200 200 200 200 201202 203 204205205 205 2052:12:12:12:12:12:1206 207208209210210210210211 212213 214215215215215 215216217218219219.5220220 220 220 220.52252 2 5 225 225230 230 230235 235 235 240 240244.9 244.9245.5REMOVE EXISTING WALL REMOVE EXISTING WALL FENCE EXISTING REMOVE PROTECT IN PLACE EXISTING FENCE; SHEET 2 OF 3 40 0 40 80 SCALE: 1" = 40'SEE SHEET 3NO.DELTA OR BRG.RADIUS LENGTH 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N42°50'44"W N45°54'29"W N50°35'24"W N51°35'10"W D = 40°05'02" D = 84°00'57" D = 39°53'45" N55°37'19"W N57°38'25"W N54°01'53"W N49°49'30"W N42°16'36"W N36°22'38"W N32°15'47"W N28°47'07"W N44°22'46"E D = 34°34'42" N45°37'17"W N44°50'12"E N45°09'48"W N44°50'12"E D = 55°15'10" N72°46'26"W N39°47'42"E N37°43'23"E N37°41'40"E N36°37'32"E 19.50' 114.25' 19.50' 812.00' 562.00' 55.97' 99.38' 104.21' 309.49' 13.64' 167.53' 13.58' 77.65' 135.54' 98.17' 68.07' 147.73' 80.34' 102.47' 31.32' 544.18' 490.05' 501.07' 141.31' 150.00' 137.58' 541.96' 88.82' 56.73' 83.00' 81.86' 52.51' BOUNDARY DATA TABLE 1 N42°24'19"W 16.05' N.T.S. TYPICAL SECTIOND 2 F.F.=207.9 F.F.=214.3 UNIT 22 07.0 RETAINING WALL PROPOSED UNIT 69 13.6 5'4'10.5 06.5 07.206.8 CL SWALE2:12% 6'CL SWALEACCESS TO UNIVERSITY PARK DRIVE UNITS 12-16 WITH FRONT DOOR *NOTE: DATE BY REVISIONS G:\16376\Civil\16376tm02.dgn PLOT DATE:JN 1637610-FEB-2017 c Rick Engineering Company2017IN THE COUNTY OF RIVERSIDE, CALIFORNIA 36342 UNIVERSITY PARK AMENDED TENTATIVE TRACT MAP NO. DATE PREPARED : JULY 1, 2011 REVISED: FEBRUARY 10, 2017 STREET "B" NOT A PART EXISTING RETENTION BASIN NOT A PARTBVCEVC200' VC 93.32 PI 3.0% 2.24% (189.90 TC)ll .50%(191.09 TC)192.03 PI340' VCR=6 0 0. 0 0' 76' 38' 38' 24'24'14' 14'3.92%BVC(204.73 T C) (209.07 TC)215.56 PI420' V C EVCl (217.21 TC) 1.0%76'38'38'24'24'14'14'BVCEVCBVC350' VC, 173.16 PI 2.24% (174.78 TC) (175.42 TC)76'38'38'24'24'14'14' l (182.60 TC) COLLEGE DRIVE UNIVERSITY PARK DRIVE NOT A PART CVWD WELL SITE UNIT 49 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 UNIT 6UNIT 7 UNIT 8 UNIT 9UNIT 10 UNIT 11 UNIT 12UNIT 13UNIT 14UNIT 15UNIT 16 UNIT 17 UNIT 18 UNIT 19 UNIT 20 UNIT 21 UNIT 22 UNIT 23 UNIT 24UNIT 25 UNIT 26 UNIT 27UNIT 28 UNIT 29 UNIT 30UNIT 31UNIT 32UNIT 33 UNIT 34UNIT 35UNIT 36 UNIT 37UNIT 38UNIT 39 UNIT 40 UNIT 41 UNIT 42 UNIT 43UNIT 44UNIT 45 UNIT 46 UNIT 47 UNIT 48 UNIT 50 UNIT 51 UNIT 52 UNIT 53 UNIT 54 UNIT 55UNIT 56UNIT 57 UNIT 58 UNIT 59 UNIT 60 UNIT 61 UNIT 62 UNIT 63 UNIT 64 UNIT 65 UNIT 66 UNIT 67 UNIT 68 UNIT 69 UNIT 70 UNIT 71 UNIT 72 UNIT 73 UNIT 74 UNIT 75 UNIT 76 UNIT 77 UNIT 78 FF=203.0 FF=203.4 FF=203.6 FF=203.8 FF=204.0 FF=204.3 FF=204.7 FF=205.1 FF=205.5 FF=205.9 FF=206.3 FF=206.7 FF=207.1 FF=207.5 FF=207.9 FF=208.3 FF=208.5 FF=208.3 FF=208.0 FF=209.9 FF=209.9 FF=211.8 FF=211.8 FF=213.7 FF=213.7 FF=215.6 FF=215.6 FF=217.5 FF=217.5 FF=219.4 FF=219.3 FF=219.8 FF=219.7 FF=216.6 FF=216.7 FF=217.0 FF=217.1 FF=216.7 FF=216.6 FF=217.0FF=217.1 FF=217.0 FF=214.7 FF=214.3 FF=214.5FF=214.1 FF=214.2FF=213.8 FF=212.4 FF=212.2 FF=211.9 FF=212.0 FF=211.8 FF=211.5 FF=208.4 FF=209.1 FF=209.5FF=209.1 FF=208.7 FF=208.0FF=207.2 FF=207.9 FF=208.3 FF=206.8 FF=207.5 FF=207.9 FF=206.2 FF=206.9 FF=207.3 FF=205.8 FF=206.5 FF=206.9 FF=208.8FF=208.5FF=208.1 FF=209.2FF=208.9FF=208.5 FF=205.9 FF=206.3 FF=206.6 FF=205.5 FF=205.9 FF=206.2 FF=205.0 FF=205.3 FF=205.6FF=203.7FF=203.2FF=202.7 FF=204.5FF=204.1 FF=205.1 FF=204.5 FF=204.9 FF=205.5 FF=206.4 FF=206.8 FF=207.5 FF=206.8 FF=207.2 FF=207.9 TYP.24'TYP.24'TYP.24'TYP.24'TYP.24'TYP. 24' TYP. 24' TYP. 24' TYP. 24' TYP. 24' 32' 12' 12' 8'TYP.24'32'12'12'8'TYP.18'TYP.18'20'20' LOT 8 MB 211/63-75 PM 31730 TENTATIVE TRACT 32655 LOT 11 MB 211/63-75 PM 31730 STREET "F" STREET "E" STREET "D"STREET "C"STREET "I"STREET "G"STREET "H"STREET "M"STREET "K"STREET "J"2.74%100' VC 207.21 PI BVCEVC206.65 FS 206.40 FS 0.87%205.35 FS 1.85% 210.59 FS 212.82 FS 214.56 FS 216.31 FS 100' VC 217.63 PIBVC216.71 FS 217.28 FS 0.75% 218.74 FS216.04 FS 0.75%1%1%2%0.75% 216.04 FSST. "L"32'203.95 FS 204.30 FS 205.00 FS 206.05 FS 216.93 FS 217.44 HP 214.21 FS 212.33 FS210.10 FS 0.55% 0.7% 208.84 FS 208.44 FS 2%EVCB V C 209.05 PI50' VC 208.91 HP 3 %2%206.80 FS 2.10%2.10%206.58 FS206.72 FS 207.07 FS 204.18 FS 204.53 FS 204.04 FS1.3%1%0.87% 201.92 FS202.27 FS 0.87% 200.78 FS PROPOSED SEWERLINE (TYP.) PROPOSED WATERLINE (TYP.) 188.87 IE EXISTING SEWER 189.12 IE CONNECTION POINT PROPOSED SEWER BY OTHER EXISTING SEWER BY OTHER EXISTING WATER PROPOSED SEWERLINE (TYP.) PROPOSED WATERLINE (TYP.) 1.5%0.75%0.75%1.5%1.5%1.5% 1.5%1.5%2%2%1.5%1.5%2%1.5%1.5%1%1.5%1.27%1.5%1%1.5%TYP.24'45'29'16' 45' 45'45' 32'14' 43' 44'119'115'101'96'103'123'123'119'49' 45'45'45'45'45'45'32' 45'6'39' 40'29'16'45'21'24'16'109'91'90'90'92'95'103'115'111'107'53' 15'99'18' 13'25' 46'45'45'45'45'45' 45'45'45'45'45'45'45'37'6'14' 4' RETAINING WALL EXISTING RETAINING WALL EXISTING WALL (TYP.) RETAINING WALL (TYP.) RETAINING RETAINING WALL EXISTING 1 2 3 4 5 6 7 8 9 192021222 3 24 25262728D2PE=202.3 PE=202.7 PE=202.9 PE=203.1 PE=203.3 PE=203.6 PE=204.0 PE=204.4 PE=204.8 PE=205.2 PE=205.6 PE=206.0 PE=206.4 PE=206.8 PE=207.2 PE=207.3 PE=207.6 PE=207.8 PE=207.6 PE=218.7 PE=218.6PE=215.9 PE=216.0PE=215.9PE=216.0 PE=216.4 PE=216.3 PE=216.3 PE=216.3 PE=216.4 PE=219.1 PE=219.0 PE=209.2 PE=209.2 PE=211.1 PE=211.1 PE=213.0 PE=213.0 PE=214.9 PE=214.9 PE=216.8 PE=216.8 RETAINING WALL (TYP.) PE=207.7PE=207.3PE=206.5 PE=207.2 PE=208.0 PE=208.4 PE=208.8PE=208.4 PE=207.6 PE=206.1PE=205.5 PE=206.2 PE=206.8 PE=207.2 PE=206.6 PE=214.0 PE=213.8PE=213.4 PE=213.6 PE=213.5PE=213.1 PE=211.7PE=211.3 PE=211.5PE=211.1 PE=211.2PE=210.8 PE=205.8 PE=206.2 PE=204.1 PE=204.9PE=204.6PE=204.3 PE=205.5PE=205.2PE=204.8 PE=205.5 PE=205.9 PE=205.9 PE=208.1PE=207.8PE=207.4 PE=207.8 PE=208.2 PE=208.5 PE=202.0 PE=202.5 PE=203.0 PE=203.4 PE=203.8 PE=204.4 PE=203.8 PE=204.2 PE=204.8 PE=205.7 PE=206.1 PE=206.8 PE=206.1 PE=206.5 PE=207.2 103 104 105 106 107 108 109 110 111 112 AA BB UNIT 117 FF=216.9 FF=216.5 FF=216.7FF=216.3 FF=216.4FF=216.0 TYP. 24' 1.5%0.75%PE=216.2 PE=216.0PE=215.6 PE=215.8 PE=215.7PE=215.3 124 STREET "R"UNIT 118 UNIT 119 UNIT 114 UNIT 115 UNIT 116 214.57 FS215.06 FS PARK AMENITY 114 115116 117118 119 120 121 122 123152'23'28'23'29'65'25'183'25'65' 9'68'30'10'74'35'88' 88'35'35'88'35'88' 88'35'35'88' 88'35'35'88' 88'14'48'57' 121' 34'23'111'25'111'23'34'154'34'148'28'16'3'22' 25'124'19'4'15'27'152'130'153'56'6'21'138'25'128'23'4'4'16'48'124'121'24'34'23'111'25'111'23'34'154'130'152'34'23'111'25'111'23'12'48'121' 122'47'68'111'25'111'23'34'156'34'23'111'25'111'23'66'47'129'13'18'25'83'57'21'2'74'38'12'23'111'25'111'23'33'29'89' 223' 62'3'20'11'265' 174'146'21'16'4'10'22'123'25'121'23'33'164'148'93'23'23'92'149'240'147'25'65' 90'23' 4' 126'33'23'23'13'111'111'25' 175 176177178179180180 180 180 181 182183184 1851 8 5185185 185 185 186187 188189190190 190190 190 190 190 190 191 192 193 194 195 195195 195 195 195 19 5 196 197199200200 200 200 200 200 201202203204 204205205205 205 205205 205 3:13:1 3:1 3:13:12052052:12:12:12:12:12:1206206207207208 208209209210210 210 210 210 210 210 210 210 210 210 205 207 215 211215 210210211 212213214215215215215215 215215216217 217218 218219 219219220 2 2 0 220 220 220 220 220 220220 220 225 225 225230 230 230235 235 235240 240 245 174.3174.9175175.5175.5175.6 176176.4176.4176.7 177177.3177.4177.4177.5177.5177.5177.7178178.1178.3178.4178.4178.5178.5178.6178.7178.9179179.3179.5179.5179.6179.6179.6179.9180180 180 180 180.4180.4180.5180.5180.5180.5180.6181181.1181.1181.2181.2181.2181.2181.5181.6181.6181.7181.7182182.3182.5182.6182.6182.7182.7182.8 183183.4183.5184184.5 184.6184.6184.7184.7184.7184.8184.8185 1 8 5185185 185 185 185.1185.2185.4185.4186187187.5187.5187.7187.9188188.2188.2188.3189189.2189.4189.6 190190 190190 190 190 190 190 190.1190.1190.3 191 192 193 193.2193.3 194 194.5 195 195195 195 195 195 19 5 196 196.5 197197.6197.7197.8197.9198.2198.3198.3198.4198.4198.4198.5198.6198.8198.9199 199.1199.2199.4199.5 200200 200 200 200 200 200.5200.8 201202203 2043:13:1 3:1 3:13:12052052:12:12:12:12:12:1206207 208209210210211 212212.5 213214 214 214.5 215215216 217218219219219.5 220 220 220 220220 220 220.5 225 225 225230 230 230235 235 235236.7 240 240244.9245245.5REMOVE EXISTING WALL REMOVE EXISTING FENCE REMOVE EXISTING WALL SHEET 3 OF 3 40 0 40 80 SCALE: 1" = 40'SEE SHEET 2F.F.=215.7 BLDG. 72 15.014.9 16.5 14.5 16.2 2'IMPROVEMENTS PROPOSED RETAINING WALL PROPOSED F.F.=213.0 F.F.=211.3 BLDG. 77 BLDG. 76 12.312.2 10.610.52.5'12.5 10.0 RETAINING WALL PROPOSED F.F.=213.0 F.F.=214.7 BLDG. 89 BLDG. 76 CL SWALECL SWALE2:1 2' BENCH 2% MIN. 2%GROUND PROPOSED 2% MIN. NO.DELTA OR BRG.RADIUS LENGTH 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N42°50'44"W N45°54'29"W N50°35'24"W N51°35'10"W D = 40°05'02" D = 84°00'57" D = 39°53'45" N55°37'19"W N57°38'25"W N54°01'53"W N49°49'30"W N42°16'36"W N36°22'38"W N32°15'47"W N28°47'07"W N44°22'46"E D = 34°34'42" N45°37'17"W N44°50'12"E N45°09'48"W N44°50'12"E D = 55°15'10" N72°46'26"W N39°47'42"E N37°43'23"E N37°41'40"E N36°37'32"E 19.50' 114.25' 19.50' 812.00' 562.00' 55.97' 99.38' 104.21' 309.49' 13.64' 167.53' 13.58' 77.65' 135.54' 98.17' 68.07' 147.73' 80.34' 102.47' 31.32' 544.18' 490.05' 501.07' 141.31' 150.00' 137.58' 541.96' 88.82' 56.73' 83.00' 81.86' 52.51' BOUNDARY DATA TABLE 1 N42°24'19"W 16.05' N.T.S. TYPICAL SECTIONA 3 N.T.S. TYPICAL SECTIONB 3 N.T.S. TYPICAL SECTIONC 3 DOOR ACCESS TO UNIVERSITY PARK DRIVE UNITS 3-7 AND 42-46 WITH FRONT *NOTE: DATE BY REVISIONS G:\16376\Civil\16376tm03.dgn PLOT DATE:JN 1637610-FEB-2017 c Rick Engineering Company2017IN THE COUNTY OF RIVERSIDE, CALIFORNIA 36342 UNIVERSITY PARK AMENDED TENTATIVE TRACT MAP NO. DATE PREPARED : JULY 1, 2011 REVISED: FEBRUARY 10, 2017 STREET "B" NOT A PART EXISTING PARK NOT A PART EXISTING RETENTION BASIN NOT A PART 222.56 PI 410 VCBVC 220.39 LIP l (221.13 TC) (220.06 TC)EVC1.91% R=850'BVCE V C 3.20% l(206.90 TC) 213.20 PI200' VC BVC EVC(220.38 TC) E V C 1.0 %B V C EVC 201.77 PI300' VC.18% l l(198.72 TC)197.57 PI 320' VCBVC3.41%BVCEVC1 8 3 .9 5 P I2 0 0' VC 1.44%EVC1.44% l (177.56 TC) COLLEGE DRIVE UNIVERSITY PARK DRIVE 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3132 33 34 35 36 37 38 39 40 41 42 43 444546 47 UNIT 2 UNIT 1 UNIT 3UNIT 4UNIT 5UNIT 6UNIT 7 UNIT 8 UNIT 9UNIT 11 UNIT 12 48 FF=208.3 FF=208.5 FF=208.3 FF=208.0 FF=207.7 FF=207.4 FF=207.1 FF=206.8 FF=206.6 FF=206.1FF=206.3 FF=205.8 FF=205.5 FF=205.3 FF=205.1 FF=205.3FF=205.7 FF=206.5 FF=207.6 FF=208.5 FF=209.6 FF=210.4 FF=211.4 FF=212.3 FF=213.3 FF=214.4 FF=214.6 FF=215.2 FF=215.6 FF=216.1FF=216.6 FF=215.2 FF=213.9 FF=214.3 FF=213.1 FF=214.3 FF=213.1 FF=212.6 FF=211.6 FF=212.6 FF=211.6 FF=210.9 FF=210.1 FF=210.9 FF=210.1 FF=209.2 FF=208.6 FF=209.2 FF=208.6 FF=207.5 FF=207.1 FF=207.5 FF=207.1 FF=207.9FF=209.0 FF=209.0 FF=207.9 FF=210.9 FF=209.6 FF=210.9 FF=209.6 FF=211.3FF=212.8 FF=212.8 FF=211.3 FF=214.7 FF=213.0 FF=214.7 FF=213.0 FF=216.6 FF=214.7 FF=216.6 FF=214.7 FF=217.5 FF=215.7 FF=217.3 FF=217.4 FF=209.9 FF=209.9 FF=210.1 FF=210.1 FF=211.8 FF=211.8 FF=212.0 FF=212.0 FF=213.9FF=213.7 FF=213.7 FF=213.9 FF=215.6 FF=215.6 FF=215.8 FF=215.8 FF=217.5 FF=217.7 FF=217.7FF=217.5 FF=219.3 FF=219.4 FF=219.7 FF=219.8 FF=219.4 FF=219.3 FF=219.8 FF=219.7 FF=216.7 FF=217.1 FF=219.7TYP.24'TYP. 24'TYP.24'TYP.18'TYP.18'TYP.18'TENTATIVE TRACT 32655 LOT 15 MB 211/63-75 PM 31730 LOT 16 MB 211/63-75 PM 31730 LOT 11 MB 211/63-75 PM 31730 LOT 11 MB 211/63-75 PM 31730 LOT 13 MB 211/63-75 PM 31730 STREET "F"STREET "A"STREET "P"STREET "P"STREET "Q"STREET "O"STREET "M"1% 100' VC 213.01 PI BVCEVC2.18%2.18%214.88 FS 214.53 FS2.47%204.32 FS 203.97 FS 0.68%BVC100' VC 20 3 .21 P I0.68% 205.80 FS 205.45 FS 2.71%2.74%0.68% 100' VC 207.21 PI BVCEVC206.65 FS 216.31 FS 100' VC 217.63 PIBVC EVC216.71 FS 217.28 FS 0.5%BVCEVC100' VC 216.71 PI 216.88 FS 216.48 FS 4.25%1.87%220.97 FS 0.84%1%216.10 FS 0.75%1%1%0.75%2%ST. "N"218.74 FS 218.74 FS216.04 FS 8'12'12'EVC 32'214.53 FS 215.87 FS 216.93 FS 1%217.44 HP PROPOSED SEWERLINE (TYP.) PROPOSED WATERLINE (TYP.) BY OTHER EXISTING SEWER BY OTHER EXISTING WATER 87'55'41'45'48'30'55'17'17'13'13'101'120'109'93'45'44' 47' 51' 73' 34'30'45'45'94'45'94'45'45'93'45'45'93'45'45'93'45'45'92'45'45'92'45'45'91'45'92'9'22'34'26' 6'107' 82' 68' 91'78'6'32'96'79'22'9' 118'7 7'91'2 6' 36 '20'21' 26'14' 17' 27'50' 29'21'9'39'47'45'45' 44 '1' 45' 52'23' 29'16'45'108'108'109'110'111'108'105'103'45'45'17'45' 45' 45'45' 32'14'119'115'111'108'101' 53'96'16'30' 45' 45' 45' 44' 44'27' 4' C 3 B3A3RETAINING WALL EXISTING RETAINING WALL EXISTING 8 9 10 11 12 13 14 15 161719 18 PE=207.0 PE=207.3 PE=207.6 PE=207.8 PE=207.6 PE=206.7 PE=206.4 PE=206.1 PE=204.6 PE=204.4PE=204.8PE=205.1PE=205.4 PE=205.9 PE=205.6 PE=204.6PE=205.0 PE=205.8 PE=206.9 PE=207.8 PE=208.9 PE=209.7 PE=210.7 PE=211.6 PE=212.6 PE=213.7 PE=213.9 PE=214.5 PE=214.9 PE=215.4PE=215.9 PE=216.6 PE=216.7 PE=218.6 PE=218.7PE=218.7 PE=218.6PE=216.0 PE=216.4 PE=219.1 PE=219.0 PE=219.0 PE=219.0 PE=219.1 PE=206.4 PE=206.4 PE=207.9PE=208.5 PE=206.8 PE=206.8 PE=207.9PE=208.5 PE=210.2 PE=209.4 PE=209.4 PE=210.2 PE=211.9 PE=210.9 PE=210.9PE=211.9 PE=213.6 PE=212.4 PE=212.4PE=213.6 PE=214.5 PE=213.2 RETAINING WALL (TYP.) PE=207.2 PE=207.2 PE=208.3 PE=208.3 PE=210.2 PE=208.9 PE=210.2 PE=208.9 PE=212.1 PE=210.6 PE=210.6PE=212.1 PE=214.0 PE=212.3 PE=212.3 PE=214.0 PE=215.9 PE=214.0 PE=215.9 PE=214.0 PE=215.0PE=216.8 RETAINING WALL (TYP.) RETAINING WALL (TYP.) PE=209.4PE=209.2 PE=209.2 PE=209.4 PE=211.1 PE=211.3 PE=211.3PE=211.1 PE=213.0 PE=213.2 PE=213.2PE=213.0 PE=214.9 PE=215.1 PE=214.9 PE=215.1 PE=217.0PE=216.8 PE=216.8 PE=217.0 RETAINING WALL (TYP.) 49 50 51 52 53 54 55 56 58 5960 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 8182 83 84 85 86 87 88 89 90 91 9293 94 95 96 97 98 100 101 102103 104 105 106 107 108 109 110 111 112 57 CC DD EE FF FF=216.7 FF=216.4 PE=216.0 PE=215.7 UNIT 114 214.57 FS 87'27'5' 113 9923'38'46'25'65'25'4'57'48'14'88'44'35'35'88'35'88'35'35'88' 88'35'35'35'88' 88'35'35'88'35'88'35'88'9'7'56'16' 46'16'4' 68'30'10'35'74'35'88' 88'35'35'35'35'88'35'88' 88'35'35'35'88'35'88'35'35'88'35'88'14'48'57'14'48'57'44'88'35'88'35'35'88'35'88'35'88'35'88'35'35'88'35'35'88'35'88'35'35'88'14'27'40'29' 85' 88' 45'4'16'101'16'4'14' 88'40'35'88'35'35'88'35'88'35'88'35'35'88'35'88'35'35'88'35'35'35'88'35'88' 37'86'87'44'4'16'56'16'4'4'4'16'46'16'4'40'87'40'35'35'35'87' 87'35'35'87'35'35'87' 87'35'87'35'87'35'35'87' 87' 56'48'14'14'48'56'44'35'87'35'87'35'35'87'35'35'87'35'35'35'87'35'35'87'35'87'35'35'87'35'35'87' 87'8'32'153'56'48'124'93'147'234'20'12'45'83'23'28'65' 183'25'65'28'23'90' 57'14'48'23' 13' CITY OF PALM DESERT PLANNING COMMISSION STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: May 19, 2020 SUBMITTED BY: Eric Ceja, Principal Planner REQUEST: Consideration of a request for revisions to building pad elevations for approved Tentative Tract Map 37506 for the subdivision of approximately 174+ acres of vacant land located south of Gerald Ford Drive, east of Portola Avenue, and west of Cook Street. Recommendation Waive further reading and adopt Planning Commission Resolution No. 2774 approving the applicant’s request for revisions to the building pad elevations of the approved Tentative Tract Map 37506 for the University Park project. Background Analysis A. Property Description: The proposed project site covers over 174+ acres of vacant land bounded by Gerald Ford Drive to the north, Portola Avenue to the west, Cook Street to the east, and vacant City- owned land to the south. In 2006, the City Council approved plans to subdivide the area for approximately 1,100 homes as part of the University Park Master Plan. A Community Facilities District Bond (CFD) was also approved. The utilities (sewer and water), retaining walls, street infrastructure (College Drive, Pacific Avenue, Technology Drive, and University Park Drive), and park space (University Dog Park and University Park East) were completed, within the project boundaries. However, due to the economic recession, construction beyond infrastructure improvements were never completed, and the land has remained undeveloped since. In 2018, the Planning Commission approved Tentative Tract Map 37506 for the subdivision of the 174+ acre project. B. Zoning and General Plan Designation: Zoning: Planned Residential – 18 (PR-18)/UNSP General Plan: Town Center Neighborhood C. Adjacent Zoning and Land Use North: Planned Residential – 6/22 (PR – 6/22) Millennium Specific Plan South: Planned Residential – 18 (PR-18)/UNSP East: Planned Residential - 22 (PR-22)/Planned Commercial (PC-3) Vineyard Apartments/University Commons West: Planned Residential – 5 (PR – 5) Shepard Lane Neighborhood May 19, 2020 – Planning Commission Staff Report Case No. TTM 37056 Amendment No. 1 - University Park Page 2 of 3 G:\Planning\Monica OReilly\Planning Commission\Staff Reports\5-19-20\TTM 37506\PC Staff Report (5.19.20).doc Project Description In 2018, the Planning Commission adopted Resolution 2745, approving Tentative Tract Map 37506 and a Precise Plan to establish master design and architecture for the project area. The project includes eight (8) distinct residential product types, over 1,000 residential units, public parks, and private recreational amenities. Per the City’s Municipal Code, approved Tentative Tract Maps require a new public hearing with the Planning Commission if building pad elevations deviate more than six (6) inches from the map approved by the Planning Commission. In this case, the applicant has made pad elevation deviations to accommodate site drainage, existing grades, and utility infrastructure. Pad elevation deviations are concentrated in the northwest corner of the project area, specifically at the northwest intersection of College Drive and Pacific Avenue. At this location, the applicant has revised pad elevations for 19 lots. Pad elevation changes range from minus six (6) inches to more than one-and-a-half (1.5) feet. Analysis The revisions to the Tentative Tract Map pad elevations are non-substantive and staff recommends approval of the revisions to the Planning Commission. The applicant has maintained the total number of lots, open space, and architectural theme. In modifying the pad elevations, the applicant is able to control for grade variations in the existing topography and accommodate all utility infrastructure, and the subdivision still conforms to the University Park Specific Plan (UNSP), which regulates land development in this portion of the City. Conclusion The proposed University Park project conforms to and meets the intent of, the UNSP. The project provides a variety of housing product types, smaller block length, open space, and connectivity. Architecture and landscape within the project conform to City design standards, and building heights and massing comply with the standards of the UNSP. Staff supports this project, and the modification to building pad elevations, as it complies with the UNSP. Public Input Public hearing notices were mailed to all property owners within 300 feet of the proposed project and published in the Desert Sun on May 9, 2020. To date, the Community Development Department has received no letters in opposition to or in favor of the proposed project. Environmental Review In November 2016, the City Council of the City of Palm Desert adopted an Environmental Impact Report (EIR) in support of the General Plan update and University Neighborhood Specific Plan. The EIR identified and studied specific environmental impacts associated with the build-out of the UNSP project boundaries. No new environmental impacts are identified by this project, which implements the UNSP. All mitigation measures identified in the EIR are incorporated into this project. May 19, 2020 – Planning Commission Staff Report Case No. TTM 37056 Amendment No. 1 - University Park Page 3 of 3 G:\Planning\Monica OReilly\Planning Commission\Staff Reports\5-19-20\TTM 37506\PC Staff Report (5.19.20).doc Findings of Approval Findings can be made in support of the project and in accordance with the City’s Municipal Code. Findings in support of this project are contained in Planning Commission Resolution No. 2744, attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney Ryan Stendell Ryan Stendell Dir. of Community Development N/A Janet Moore Director of Finance N/A Andy Firestine Assistant City Manager City Manager, Lauri Aylaian: N/A VENDOR: University Park Investors, LLC 3875 Hopyard Road, Suite 180 Pleasanton, CA 94588 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2774 2. Public Hearing Notice 3. Tentative Tract Map 37506 Amendment No. 1 PLANNING COMMISSION RESOLUTION NO. 2774 A RESOLUTION OF THE PLANNING COMMISSION APPROVING AN AMENDMENT TO TENTATIVE TRACT MAP 37506 FOR THE SUBDIVISION OF 174+ ACRES WITHIN THE PROJECT AREA BOUNDED BY GERALD FORD DRIVE TO THE NORTH, PORTOLA AVENUE TO THE WEST, COOK STREET TO THE EAST, AND CITY-OWNED PROPERTY TO THE SOUTH CASE NO: TTM 37506 AMENDMENT NO. 1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of November 2018, adopt Planning Commission Resolution 2745 approving Tentative Tract Map 37506 for the subdivision of 174+ acres within the University Neighborhood Specific Plan; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of May 2020, hold a duly noticed public hearing to consider the request by University Park Investors, LLC, for approval of revisions to building pad elevations for Tentative Tract Map 37506; and WHEREAS, the revisions to the building pad elevations for Tentative Tract Map 37506 are necessary to accommodate proper drainage and utility infrastructure, and do not create any new environmental impacts to the surrounding area; and WHEREAS, the University Park project implements the City’s University Neighborhood Specific Plan (UNSP) by incorporating specific design guidelines related to subdivision design standards, traffic calming, pedestrian and bicycle connectivity, open space, and housing product variation; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons exist to justify the approval of said request: 1. The University Park project, as proposed, is consistent with the goals and policies of the Palm Desert General Plan and the UNSP, including that the project provides a variety of housing options, open space, pedestrian and bicycle connectivity, and density in proximity to California State University San Bernardino Palm Desert Campus (CSUSBPD). 2. The University Park project is compatible with adjacent properties and surrounding uses, and development standards comply with the approved UNSP for the project area. 3. The University Park project is suitable and appropriate for the property in that the property is mostly vacant native desert land with roadway and utility improvements, and a Specific Plan was adopted for the project site that identifies this type of housing product variation, open space, and pedestrian and bicycle connectivity, and the uses proposed along with the development pattern comply PLANNING COMMISSION RESOLUTION NO. 2774 2 with applicable City standards and standards approved as part of the Specific Plan. 4. The proposed Tentative Tract Map is not detrimental to the public health, safety or general welfare, or be materially injurious to the surrounding properties or improvements in the City of Palm Desert. 5. The project has complied with the provisions of the California Environmental Quality Act (CEQA) in that an Environmental Impact Report (EIR) was prepared for the UNSP and that implementation of the Specific Plan through a tentative tract map requires an addendum to the EIR as no new environmental impacts have been identified by the project proposal and all potentially significant environmental impacts have been mitigated. FINDINGS FOR APPROVAL: 1. That the density of the proposed subdivision is consistent with the applicable General Plan and specific plans. In 2017, the City Council adopted an update to the General Plan, and concurrently adopted the UNSP. Both plans identified the 400+ acres of vacant land bounded by Gerald Ford Drive to the north, Portola Avenue to the west, Cook Street to the east, and Frank Sinatra to the south, as a unique development opportunity that can capitalize on synergies between a mixed housing neighborhood with strong pedestrian and bicycle connectivity to CSUSBPD. As proposed, the project provides eight (8) distinct housing product types, including alley-loaded homes, apartments, attached townhomes, and detached single- family homes, connected by open space, sidewalks, and trails. The subdivision of the project areas proposes tree-lined public streets, open spaces, pedestrian and bicycle connectivity, and roadways designed for lower vehicle speeds, and implements and fulfills the goals of the UNSP. The UNSP identified 2,700 dwelling units within the project area. The project site, representing nearly half (½) of the UNSP project boundary, is subdivided to accommodate 1,069 dwelling units. The density of the project is consistent with the General Plan and UNSP. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvements of the tract map have been reviewed by the Planning Department, Fire Department, and Public Works Department for consistency with the General Plan, UNSP, and emergency services. Lot sizes, street and utility improvements, circulation patterns, and drainage improvements meet all requirements of the General Plan and the UNSP. All perimeter streets are in conformance, with the General Plan and modifications to the surrounding roadways that will improve vehicle circulation in the vicinity. PLANNING COMMISSION RESOLUTION NO. 2774 3 3. That the site is physically suitable for the type of development. The 174+-acre site is suitable for the proposed development. Environmental, cultural, traffic, and other special studies were prepared for the UNSP, and an addendum to the EIR was prepared to address the specifics of the project. No environmental issues were identified that would indicate that development in this area would be unsuitable. In addition, existing residential and commercial development in the vicinity have successfully constructed similar types of development, and no obstacles to the development of those surrounding subdivisions were experienced. Due to the proximity and similarity of the proposed development, it is reasonable to conclude that the site is physically suitable for it. 4. That the site is physically suitable for the proposed density of development. The project site is surrounded by planned residential and commercial developments to the south, east, west, and north. As proposed, the site layout and distribution of residential densities are consistent with surrounding development and the UNSP. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and unavoidable injury to fish or wildlife or their habitat. For purposes of the CEQA, an EIR was prepared and adopted by the City Council as part of the General Plan Update and UNSP. In addition, an addendum to the EIR has been prepared for the project to address project-specific impacts that were not previously addressed by the EIR. The addendum to the EIR did not identify any new impacts created by the proposed project. The design of the project will not cause substantial environmental damage or injure fish or wildlife or their habitat, since the surrounding area has been developed with similar densities and limited wildlife is present at the site. Environmental studies performed at the site did not identify any endangered or sensitive species. In addition, the project will pay into the Coachella Valley Multi-Species Habitat Conservation fund for the development of raw land. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The design and layout of the tract map are in compliance with all grading, drainage, vehicle access, pedestrian, bicycle connectivity, and parking requirements. The property will be developed in accordance with the Uniform California Building Code. Grade changes and utility easements are accommodated by the building and street layout and open space provided throughout the project site. Pedestrian access is provided to adjoining land uses via sidewalks and other pedestrian walkways, and the distributed open space contributes to a healthy community and neighborhood. PLANNING COMMISSION RESOLUTION NO. 2774 4 7. That 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 proposed project will utilize and enhance existing drainage and utility distribution easements located within and adjacent to the project site. Improvements related to drainage will be provided to ensure the project area accommodates 100 percent of the 100-year storm. Surrounding perimeter City streets are built-out to the General Plan designation, and the developer will make modifications to surrounding streets to accommodate project access. Pedestrian connections and open space are provided throughout the project area, and enhanced pedestrian trails are provided within the project site. 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 TTM 37506 Amendment No. 1, subject to the conditions. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 19th day of May 2020, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: LINDSAY HOLT, CHAIR ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION PLANNING COMMISSION RESOLUTION NO. 2774 5 CONDITIONS OF APPROVAL CASE NO. TTM 37506 AMENDMENT NO. 1 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property and all buildings, road network, and open space within the project boundaries shall conform substantially with exhibits on file with the Department of Community Development, and as modified by the following conditions. 2. The applicant shall record Tentative Tract Map 37506 within two (2) years of project approval. Multiple final maps may be recorded for this project. 3. All Conditions of Approval listed in Planning Commission Resolution 2745 remain valid. CITY OF PALM DESERT LEGAL NOTICE CASE NO. TTM 37506 AMENDMENT NO. 1 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION TO CONSIDER A REQUEST BY UNIVERSITY PARK INVESTORS, LLC, TO ADJUST PAD HEIGHTS AT THE 174+ ACRE SUBDIVISION (TTM 37506) LOCATED SOUTH OF GERALD FORD DRIVE, EAST OF PORTOLA AVENUE AND WEST OF COOK STREET The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA) has reviewed the project for consistency with the adopted University Neighborhood Specific Plan (UNSP) and the Environmental Impact Report (EIR) prepared for the project site, and finds that the request to adjust building pad heights is categorically exempt under the general rule and that no further environmental analysis is required. Project Location/Description: Project Location: 174+ acres bounded by Gerald Ford Drive to the north, Portola Avenue to the west, Cook Street to the east, and vacant City-owned property to the south. APNs: 694-190-053, 694-200-013, 694-200-014, 694-190-079, 694-190-072, 694-190-070, 694- 190-037, 694-190-055, 694-190-031 Project Description: The applicant has submitted an amendment to the approved Tentative Tract Map to adjust building pad heights at the subdivision. The project includes the development of 623 detached homes, 110 townhomes, 336 apartments, five (5) public parks, one (1) private recreation facility, and a greenbelt along Pacific Drive, between College Drive, and Gerald Ford Drive. In November 2018, the Planning Commission adopted Resolution 2745 approving the Tentative Tract Map. Palm Desert Municipal Code (PDMC) requires a new public hearing when there is a request to adjust the pad height more than six (6) inches to an approved map. In this case, to accommodate proper drainage and grading of the site, pad heights have been adjusted up to two feet and triggered the requirement for an additional public hearing. Recommendation: Staff is recommending that the Planning Commission adopt a resolution approving the proposed changes to the building pad heights, subject to the conditions. Public Hearing: The public hearing will be held before the Planning Commission on May 19, 2020, at 6:00 p.m. via Zoom. The hearing will be conducted in accordance with the City’s emergency protocols for social distancing. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.cityofpalmdesert.org/our-city/committees-and- commissions/planning-commission-information-center. Comment Period: The public comment period for this project is from May 9, 2020, to May 19, 2020. Public Review: The Tentative Tract Map is available for public review Monday through Friday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Mr. Eric Ceja. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Eric Ceja, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, May 9, 2020 PLANNING COMMISSION SECRETARY PLANNING COMMISSION STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: May 19, 2020 PREPARED BY: Eric Ceja, Principal Planner REQUEST: Consideration of a request by West Coast Cannabis Club to amend Condition of Approval No. 5 of Planning Commission Resolution No. 2742, limiting retail business hours to 5:00 p.m. for the cannabis retail component of their operations located at 42-650 Melanie Place. Recommendation Waive further reading and adopt Planning Commission Resolution No. 2775, approving an amendment to Condition of Approval No. 5 of Planning Commission Resolution No. 2742 and establish new operating hours for the retail micro-business between the hours of 9:00 a.m. and 10:00 p.m. for the West Coast Cannabis Club (WCCC) facility located at 42-650 Melanie Place. Background Analysis A. Property Description: The project site is approximately 1.0 acres in size and is developed with a two-story, 28,500-square-foot industrial/office building that was constructed in the mid-1980s. The site features vehicle access connections to Melanie Place near the northern portion and the middle of the site. Vehicle and pedestrian access to the site are controlled by rolling gates and a six-foot-high block wall along the western perimeter. The applicant has been operating out of the facility since 2019 and recently opened the retail component in 2020. B. Zoning and General Plan Designation: Zone: Service Industrial (SI) General Plan: Employment C. Adjacent Zoning and Land Use: North: Service Industrial – Various light industrial uses South: Service Industrial – Various light industrial uses East: Public Institution – Coachella Valley Water District West: Service Industrial – Various light industrial uses May 19, 2020 – Planning Commission Staff Report Case No. CUP 17-0018 Amendment No. 1 – West Coast Cannabis Club Page 2 of 4 G:\Planning\Monica OReilly\Planning Commission\Staff Reports\5-19-20\CUP 17-0018 Amendment No. 1\PC Staff Report - Amd. 1.doc Project Description In 2018, W CCC received Planning Commission approval to operate a cannabis business at 42-650 Melanie Place. The approvals allowed for the operation of various cannabis licensing types, including cultivation, distribution, manufacturing, and an allowance for a retail micro-business license. In 2019, WCCC began operating out of the facility, and in 2020, WCCC began operations of the retail component of the facility. The retail use is permitted under State and City cannabis regulations. Vehicle parking is provided within the existing developed parking areas provided at the site. WCCC has complied with several security features and improvements to the air handling system to mitigate any odors. There is no on-site consumption of cannabis products at this site. The business expects to employ six to 10 people on-site during each shift and have on- site security personnel. Analysis A. Commercial Cannabis Businesses: In October 2017, the City Council adopted Ordinance No. 1329, establishing a comprehensive set of regulations for commercial cannabis businesses. Those regulations are in Section 25.34.120 of the Palm Desert Municipal Code (PDMC).In November 2018, the Planning Commission approved WCCC to operate out of the facility and adopted a condition of approval limiting business hours of the retail portion of the operation to the hours of 9:00 a.m. to 5:00 p.m. The limitation was primarily put in place based on the retail operation being located in the Service Industrial zoning district of the City, an area not populated with many retail uses. The applicant has requested to amend this condition and allow the retail component to stay open until 10:00 p.m., seven days a week. The applicant has cited that many businesses in the area, but not all, close by 5:00 p.m., which does not allow customers from the surrounding area to access the retail operation in a timely manner. The applicant has also cited that no other operator in the City is subject to the same limited hours, which puts this location at a competitive disadvantage. The City’s cannabis regulations do not specifically limit business hours but do limit the business location. Although the Service Industrial zoning district was identified for mainly manufacturing, distribution, and cultivations uses; State and City regulations do allow for micro-businesses, such as a limited retail component to operate in the zone. The request by the applicant to remove the hour limitation is compatible with the intent of the City’s cannabis regulations. B. Land Use Compatibility: The cannabis uses are compatible with the surrounding Service Industrial uses, which also includes light manufacturing, distribution, wholesale, offices, and automotive repair. Although many of the surrounding businesses cease operations by 5:00 p.m., many May 19, 2020 – Planning Commission Staff Report Case No. CUP 17-0018 Amendment No. 1 – West Coast Cannabis Club Page 3 of 4 G:\Planning\Monica OReilly\Planning Commission\Staff Reports\5-19-20\CUP 17-0018 Amendment No. 1\PC Staff Report - Amd. 1.doc uses remain open for retail and wholesale purposes. Increasing business hours at this location will not affect the surrounding businesses. C. Security: WCCC has installed a number of security measures throughout the property to ensure the safety of their employees, customers, and the surrounding businesses. A security officer will be at the entrance to the building, and a third-party security company will install cameras and a recording system, which will be monitored off-site. As with all cannabis businesses in the City, safety has been a top priority. To date, none of the City’s permitted cannabis businesses have had issues related to public safety. Since all security measures are in place, and the business has been operating out of the location since 2019, City staff does not believe that increasing business hours will create any additional public safety concerns. Should security become an issue, the City can reopen the Conditional Use Permit (CUP) and work with the applicant to address any ongoing issues. Public Input A public hearing notice was mailed to all property owners within 300 feet of the proposed use and published in The Desert Sun on May 8, 2020. To date, the Community Development Department has not received any correspondence in favor or in opposition to the proposed use. Conclusion The applicant has gone through an extensive review process for compliance with the adopted City and State cannabis regulations. Staff believes that the applicant has demonstrated that their operation is successfully integrated with the surrounding businesses and that existing security measures are sufficient to allow modification of the limited business hours. Since the cannabis industry is new to Palm Desert, staff foresees heavy oversight of the business. Should any issues arise, such a blatant disregard for nuisance issues, the CUP can be revoked, and the business suspended from continued operations. Environmental Review For the purposes of the CEQA, the Director of Community Development has determined that modification of operating hours is not a project under the CEQA. May 19, 2020 – Planning Commission Staff Report Case No. CUP 17-0018 Amendment No. 1 – West Coast Cannabis Club Page 4 of 4 G:\Planning\Monica OReilly\Planning Commission\Staff Reports\5-19-20\CUP 17-0018 Amendment No. 1\PC Staff Report - Amd. 1.doc Findings of Approval Findings can be made in support of the project and in accordance with the City’s Municipal Code. Findings in support of this project are contained in Planning Commission Resolution No. 2775, attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney Ryan Stendell Ryan Stendell Dir. of Community Development N/A Janet Moore Director of Finance N/A Andy Firestine Assistant City Manager City Manager, Lauri Aylaian: N/A APPLICANT: West Coast Cannabis Club 68828 Ramon Road, Suite A2 Cathedral City, CA 92234 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2775 2. Public Hearing Notice 3. Exhibit Provided by the Applicant PLANNING COMMISSION RESOLUTION NO. 2775 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CONDITION OF APPROVAL NO. 5 OF PLANNING COMMISSION REOLSUTION 2742, REMOVING BUSINESS HOUR LIMITATIONS FOR WEST COAST CANNABIS CLUB FOR THE RETAIL OPERATION LOCATED AT 42-650 MELANIE PLACE; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO: CUP 17-0018 AMENDMENT NO. 1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of November 2018, adopt Planning Commission Resolution 2742, approving cannabis uses for West Coast Cannabis Club at the above-noted address; and WHEREAS, Planning Commission Resolution 2742 Condition of Approval No. 5 limited retail hours at the facility to between 9:00 a.m. to 5:00 p.m.; and WHEREAS, the City Council of the City of Palm Desert adopted Ordinance No. 1329, allowing commercial cannabis businesses, including cannabis cultivation, manufacturing, and micro-businesses within the City but did not adopt strict operating hours; and WHEREAS, the applicant has submitted a request to amend Conditional Use Permit 17-0018 to amend Condition of Approval No. 5 to remove the business hour limitation, and to establish new hours of operations for the retail portion of the use to 9:00 a.m. to 10:00 p.m.; and WHEREAS, West Coast Cannabis Club has been operating out of the existing facility since 2019, with no known security or odor complaints and is in good standing with the City’s cannabis regulations; and WHEREAS, the location of the cannabis manufacturing business is located in the City’s Service Industrial (SI) zoning district and, meets the City’s separation and distance requirements, is permitted subject to the approval of a CUP and Cannabis Regulatory Permit; and WHEREAS, the applicant has demonstrated compliance with the City’s 1000- square-foot separation requirements from schools, daycares, and youth centers; and WHEREAS, nuisance issues, including, but not limited to, odor and security, are mitigated in accordance with the City’s cannabis regulations, and the project is conditioned to respond to any issues immediately or be subject to revocation of said cannabis regulatory permit; and WHEREAS, the project complies with the goals and policies contained in the City’s General Plan that promote a diverse, growing, and resilient local economy; and WHEREAS, pursuant to section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (California PLANNING COMMISSION RESOLUTION NO. 2775 2 Code Regulations, Title 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the proposed project; and WHEREAS, as the lead agency, the City has reviewed the proposed project and determined that, as the business is located in an existing developed building and site, that the project is exempt under Section 15301, Class 1 “existing facilities” of the CEQA and that the Planning Commission can adopt a Notice of Exemption of environmental review; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of May 2020, hold a duly noticed public hearing to consider the request by the applicant to amend the existing condition and to expand retail operating hours from 9:00 a.m. to 10:00 p.m.; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the proposed cannabis cultivation, manufacturing, distribution, and delivery facility with a retail micro-business component; and WHEREAS, all of the findings and conclusions made by the City pursuant to this Resolution are based upon the oral and written evidence before it as a whole; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did make the following findings to justify the approval of said request: WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: SECTION 1. Recitals. The Planning Commission of the City of Palm Desert hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Compliance with the CEQA. As the approving authority for the project, the Planning Commission has reviewed and considered the information contained in the application and administrative record on file with the City and available for review at 73-510 Fred Waring Drive, Palm Desert, California. The Planning Commission finds that a Notice of Exemption can be adopted in compliance with the CEQA (Public Resources Code § 21000 et seq. “CEQA”) and the State CEQA Guidelines. SECTION 3. Findings on Conditional Use Permit. In approving this project, the Planning Commission makes the following findings in accordance with Palm Desert Municipal Code (PDMC) Section 25.72.050: PLANNING COMMISSION RESOLUTION NO. 2775 3 1. That the proposed location of the conditional use is in accordance with the objectives of this title and the purpose of the district in which the site is located. The purpose of the SI zoning district is to allow the development of traditional business parks that allow for the manufacturing, distribution, research and development, and service of products. The proposal to establish cannabis cultivation, manufacturing, distribution, and delivery facility with a retail micro- business component at this location complies with the City’s goals and the objectives of the zoning designation, and the City’s “Commercial Cannabis Business and Personal Cultivation” and the “Commercial Cannabis Business Regulatory Permit” ordinances by providing a detailed business plan, security plan, odor control plan, neighborhood and community outreach plans, and background check information. The conditional allowance of this use at this site complies with the objectives and purpose of the SI zoning district and exceeds the minimum separation requirements established in cannabis ordinances. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. Voters of the State of California did in November 2016, vote and approve Proposition 64 – the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), to allow the adult use of cannabis subject to local ordinances. The City of Palm Desert, in response to the voter-approved law, established a committee to evaluate cannabis business potential in the City and found that cannabis businesses are compatible with other general industrial uses subject to conditions to mitigate nuisances, such as odor and security. As designed, and as conditioned, the establishment of a cannabis cultivation, manufacturing, distribution, and delivery facility with a retail micro-business component at this location will not be detrimental to the public health, safety, or welfare, as the use is designed to include on-site security personnel, video surveillance, a UV filtration, negative air pressure, and charcoal air filters, to mitigate security and odor nuisance concerns. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The proposed use complies with the development and use standards of the SI zoning district, and the requirements listed in the City’s comprehensive cannabis regulation. No adjustments of variances are proposed for this use. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City’s General Plan. The proposed cultivation, manufacturing, distribution, and delivery with retail micro-business for cannabis and cannabis-related products complies with goals and objectives of the City’s General Plan, including Goals listed in Chapter 3 of the Land Use and Community Character chapter, including Goals: 5.1, 5.3, 8.1, PLANNING COMMISSION RESOLUTION NO. 2775 4 and Chapter 10 Goal 1.1. In providing cultivation, manufacturing, distribution and delivery space for cannabis, the applicant is complying with the goals and objectives of the City’s General Plan. SECTION 4. Approval. The Planning Commission hereby approves the applied CUP and Cannabis Regulatory Permit applications for the project. SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73- 510 Fred Waring Drive, Palm Desert, CA 92260. SECTION 6. Notice of Exemption. The Planning Commission approves the Project and directs staff to file a Notice of Determination with the County of Riverside and the State Clearinghouse within five (5) working days of any Project approval. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 19th day of May 2020, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: LINDSAY HOLT, CHAIR ATTEST: RYAN STENDELL PLANNING COMMISSION SECRETARY PLANNING COMMISSION RESOLUTION NO. 2775 5 CONDITIONS OF APPROVAL CASE NO. CUP 17-0018 AMENDMENT NO. 1 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The applicant agrees that in the event of any administrative, legal or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these project approvals for the retail use, or the project approvals themselves, the applicant and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. The applicant, at its sole expense, shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to applicant’s approval of counsel, which shall not be unreasonably denied, and at the applicant’s sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the applicant and cooperate in the defense. The applicant, upon such notification, shall deposit sufficient funds in the judgment of City’s Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending the said action and to execute a joint defense and confidentiality agreement in order to share and protect the information, under the joint defense privilege recognized under the applicable law. As part of the cooperation in defending an action, City and the applicant shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. Applicant and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third party litigation of project approvals without applicant’s consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the applicant materially breaches this indemnification requirement. 3. All Conditions of Approval listed in Planning Commission Resolution 2742 remain in effect with the exception of Condition of Approval No. 5 which is modified as follows: “A retail micro-business is allowed at this location. The retail operation shall not exceed 10 percent of the gross floor area of the cannabis facility and shall be open only between 9:00 a.m. and 10:00 p.m.” CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 17-0018 AMENDMENT No. 1 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION TO CONSIDER A REQUEST BY WEST COAST CANNABIS CLUB TO AMEND CONDITION OF APPROVAL NO. 5 OF PLANNING COMMISSION RESOLUTION 2742 LIMITING RETAIL BUSINESS HOURS TO 5:00 P.M. FOR THE CANNABIS RETAIL COMPONENT OF THEIR OPERATIONS LOCATED AT 42-650 MELANIE PLACE The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), finds that the proposed project is exempt per Section 15301, Class 1 “Existing Facilities” of the CEQA and that a Notice of Exemption can be adopted as part of this project. Project Location/ Description: Project Location: 42-650 Melanie Place Project Description: In November 2018, the Planning Commission adopted Resolution 2742 approving Conditional Use Permit 17-0018 and Cannabis Regulatory Permit for West Coast Cannabis Club to operate a 28,500-square-foot cannabis cultivation, manufacturing, distribution, and delivery facility with a 1,600-square-foot retail component at 42-650 Melanie Place. In approving the project, the Planning Commission adopted a Condition of Approval limiting retail hours from 9:00 a.m. to 5:00 p.m. West Coast Cannabis Club has been operating out of the facility since 2019, and retail operations began in early 2020. West Coast Cannabis Club is requesting that the Planning Commission consider rescinding the condition limiting retail hours due to surrounding businesses in the immediate area operating past 5:00 p.m. Recommendation: Staff is recommending that the Planning Commission adopt a resolution approving the proposed amendment to the Conditional Use Permit, subject to new conditions, limiting retail hours between 9:00 a.m. to 8:00 p.m., seven days a week. Public Hearing: The public hearing will be held before the Planning Commission on May 19, 2020, at 6:00 p.m. via Zoom. The hearing will be conducted in accordance with the City’s emergency protocols for social distancing. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.cityofpalmdesert.org/our-city/committees-and- commissions/planning-commission-information-center. Comment Period: The public comment period for this project is from May 9, 2020, to May 19, 2020. Public Review: The Conditional Use Permit and Cannabis Regulatory Permit applications are available for public review Monday through Friday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Mr. Eric Ceja. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Eric Ceja, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, May 9, 2020 PLANNING COMMISSION SECRETARY STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: May 19, 2020 PREPARED BY: Nick Melloni, Assistant Planner REQUEST: Consideration to approve a Tentative Parcel Map to subdivide a 1.12-acre commercial lot into two parcels at 41-651 Corporate Way, and adopt a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Recommendation Waive further reading and adopt Planning Commission Resolution No. 2776 approving Tentative Parcel Map 37883, subject to the conditions of approval; and adopt a Notice of Exemption in accordance with CEQA. Executive Summary Approval of the staff recommendation will allow the applicant to subdivide the 1.12-acre commercial lot into two parcels. The lot is presently developed with two office condominium buildings. Each of the proposed lots will contain one of the existing buildings and pertinent site improvements. No changes are proposed to the existing site development. The proposed subdivision will not result in parking deficiencies or zoning non-conformities for either building. Background A. Property Description: The project site is a 1.12-acre rectangular lot located at 41-651 Corporate Way. The property’s primary access is taken from Corporate Way. The property is developed with two buildings, each of which is subdivided into office condominiums on a common lot. The northern building (Building 2) is occupied by Entravision Communications, a media company. The common lot contains parking and landscaping improvements maintained by the condominium owner’s association. There is a drive-aisle at the western end of the property, providing direct access to the neighboring Hovley Soccer Park parking lot. There is a reciprocal parking agreement in place between the property owners and the City of Palm Desert. The agreement establishes an easement, which allows the property to access parking at the Palm Desert Hovley Soccer Park. This agreement was established in 2004 when Building 2 expanded its indoor office areas, establishing a need for additional parking, which was not available on-site. May 19, 2020 – Planning Commission Staff Report Case No. TPM 37883 – 41-651 Corporate Way Page 2 of 4 B. Zoning and General Plan Designation: Zone: SI – Service Industrial General Plan: Employment C. Adjacent Zoning and Land Use: North: SI – Service Industrial/Office building South: SI – Service Industrial/Office and light-industrial building East: SI – Service Industrial/United States Post Office building West: OS– Hovley Soccer Park/Light industrial park Project Description The project applicant, The Altum Group, is proposing to subdivide the property into two lots. The area of each respective parcel is: Parcel No. Area Features Parcel 1 0.56-acres Existing two-story office building + 26 parking spaces Parcel 2 0.56-acres Existing two-story office building + 37 parking spaces Table 1: Parcel Description The proposed subdivision will allow for separate ownership of the two existing buildings on the site. The existing condominium plans will be dissolved. The new agreements will be established between the two parcels to maintain access, usage of common utilities (existing trash enclosure), and to ensure the maintenance of landscaping within existing plants, which cross the new property lines. No construction is proposed under this subdivision. Existing features, including access and parking lot design, will not be changed. The existing parking agreement easement will remain, ensuring adequate parking for the existing conditions. Analysis The Planning Commission may approve or deny the proposed map based on findings contained in Section 26.20.100 – Planning Commission Action, of Title 26 - Subdivisions of the Palm Desert Municipal Code (PDMC). The proposed subdivision complies with the Zoning Ordinance, the General Plan, and the Subdivision Map Act. Infrastructure improvements, including roads and utilities, have been installed and are available within Cook Street. The project does not physically divide an existing community and does not conflict with any applicable land use plan, policy, or regulation outlined in the General Plan. The proposed subdivision complies with the minimum parcel development standards for the SI zone and is compatible with neighboring parcels. The subdivision design maintains existing access for each property to adjacent streets. The subdivision will not render the existing buildings non- conforming to current SI development standards for building setback, coverage, or minimum May 19, 2020 – Planning Commission Staff Report Case No. TPM 37883 – 41-651 Corporate Way Page 3 of 4 landscaping area. Additionally, sufficient parking is available on either parcel for future land uses to meet minimum parking requirements. The table below summarizes how the parcels will impact the existing development’s conformance with relevant standards: Standard SI Zone Parcel 1 Parcel 2 Conforms Front Setback 20' 50' 50' Yes Interior Side Setback 0' 0' min. 0' min. Yes Rear Setback 0' '0 64' Yes Floor Area Ratio 0.75 0.42 0.26 Yes Minimum Landscaping - - - Yes Table 2: Conformance Determination Public Input Public hearing notices were mailed to all property owners within 300 feet of the proposed project and published in The Desert Sun on May 9, 2020. To date, the Community Development Department has received no letters in opposition to or in favor of the proposed project. Environmental Review The Director of Community Development has determined that this project is Categorically Exempt from CEQA review in accordance with Section 15315: Class 15 – Minor Land Divisions of the CEQA Guidelines as the division is in conformance with the City’s General Plan and zoning requirements, all utilities and services are available to the parcel, the parcel was not involved in a larger subdivision in the previous two years, and the parcel does not have a slope greater than 20 percent. Findings of Approval Findings can be made in support of the project and in accordance with the City’s Municipal Code. Findings in support of this project are contained in the draft Planning Commission Resolution No. 2776, attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney Ryan Stendell Ryan Stendell Dir. of Community Development N/A Janet Moore Director of Finance N/A Andy Firestine Assistant City Manager City Manager, Lauri Aylaian: N/A May 19, 2020 – Planning Commission Staff Report Case No. TPM 37883 – 41-651 Corporate Way Page 4 of 4 APPLICANT: The Altum Group, Inc. 73-710 Fred Waring Drive, Suite 219 Palm Desert, California 92260 ATTACHMENT: 1. Draft Planning Commission Resolution No. 2776 2. Public Hearing Notice 3. Notice of Exemption 4. Exhibits PLANNING COMMISSION RESOLUTION NO. 2776 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP TO SUBDIVIDE A 1.12-ACRE COMMERCIAL LOT INTO TWO PARCELS AT 41- 651 CORPORATE WAY; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: TPM 37883 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of May 2020, hold a duly noticed public hearing to consider the request by The Altum Group, Inc., 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 CEQA” Resolution No. 2019-41, in that the Director of Community Development has determined that the project will not have a significant impact on the environment and that the project is categorically exempt under Article 19, Section 15315 – Minor Subdivisions (Class 15) of the CEQA Guidelines; and WHEREAS, at the 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 the approval of said request: FINDINGS OF APPROVAL: Findings must be made in order to support the proposed land division as required by Section 26.20.100, Planning Commission Action, of Title 26 Subdivisions, of the Palm Desert Municipal Code. 1. That the proposed map is consistent with applicable general and specific plans, as amended. The proposed tentative parcel map is consistent with the Employment Center General Plan Land Use Designation. This designation allows office and light industrial development, and the proposed subdivision meet all applicable standards with regard to a minimum lot area. There is no specific plan for this development. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The site was previously developed to comply with City standards per the Service Industrial Zoning (SI) designation. The design of the proposed subdivision will not cause the existing site development to become non-conforming with applicable development standards of the SI zoning designation. There is no specific plan for this development. PLANNING COMMISSION RESOLUTION NO. 2776 2 3. That the site is physically suitable for the type of development. The lot has been previously developed with two existing office condominium buildings. The existing site is adequate in size, topography, location, and other factors to accommodate the proposed subdivision. Utilities, including water, electrical, sewer, and gas are in place, and compatible with surrounding properties. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish, wildlife, or their habitat. The creation of an additional parcel will not cause substantial environmental damage or injuries to fish or wildlife or their habitat since the site has previously been graded and developed. The creation of a new parcel at this site does not create any significant new physical impacts on the environment. 5. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The proposal to create an additional parcel within will not create a physical change to the existing site and will not cause public health problems. Each lot will have access to a public street, and the existing development on each of these lots conforms to all applicable development standards. The lots will not create serious public health problems, as utilities are available to support the site, use of the properties for office and light industrial is compatible with the surrounding properties. 6. That 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 creation of a new parcel at this site will not impact any public easements as part of the subdivision. No changes are proposed to the existing conforming development. 7. That the design of the subdivision or the type of improvements will not restrict solar access to the property. The design of this subdivision and orientation of the lots will not impact solar access to adjacent properties or the subject properties. 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 Tentative Parcel Map 37883, subject to conditions attached. PLANNING COMMISSION RESOLUTION NO. 2776 3 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on this 19th day of May 2020, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: LINDSAY HOLT, CHAIR ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION PLANNING COMMISSION RESOLUTION NO. 2776 4 CONDITIONS OF APPROVAL CASE NO. TPM 37883 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The project site shall be subdivided and maintained in conformance with the approved plans and exhibits on file with the City. Any variation from the approved plans must be reviewed and approved by the Community Development Department prior to building permit issuance and may require review and approval by the Planning Commission and/or City Council. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 3. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Building & Safety Department City Fire Marshal Public Works Department Coachella Valley Water District Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 4. The Applicant shall agree to defend, indemnify, and hold harmless, the City of Palm Desert or its agents, officers, and employees from any claim, action or proceeding against the City of Palm Desert or its agents, officers or employees, to attack, set aside, void, or annul, any approval of the City of Palm Desert, whether by its City Council, Planning Commission, or other authorized board or officer of the City. The City of Palm Desert shall promptly notify the Applicant of any such claim, action, or proceeding, and the City of Palm Desert shall cooperate fully in the defense. 5. Tentative Parcel Map 37883 shall be recorded within two years from the date of final approval unless an extension of time is granted otherwise said parcel map approval shall become null, void, and of no effect whatsoever. DEPARTMENT OF PUBLIC WORKS: Prior to the recordation of the parcel map: 6. The parcel map shall be submitted to the City Engineer for review and approval. 7. Horizontal control requirements shall apply to this map, including state plane coordinates, which shall conform to the City of Palm Desert specifications. PLANNING COMMISSION RESOLUTION NO. 2776 5 8. The applicant shall submit for City review, any applicable dissolution documents, or revised Covenants, Conditions, and Restrictions (CC&Rs) and reciprocal easements. CITY OF PALM DESERT LEGAL NOTICE CASE NO. TPM 20-0002 (TPM 37883) NOTICE OF A PUBLIC HEARING BEFORE THE CITY OF PALM DESERT PLANNING COMMISSION TO CONSIDER A TENTATIVE PARCEL MAP TO SUBDIVIDE A 1.12-ACRE COMMERCIAL LOT INTO TWO PARCELS AT 41651 CORPORATE WAY; AND ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City of Palm Desert (City), in its capacity as the Lead Agency for this project under CEQA, has determined that this project is Categorically Exempt from CEQA review in accordance with Section 15315: Class 15 – Minor Land Divisions of the CEQA Guidelines. Project Location/Description: Project Location: 41651 Corporate Way (APN: 624-291-009) Project Description: The Altum Group (“Applicant”) has submitted a Tentative Parcel Map application (the “Project”) to subdivide a 1.12-acre commercial lot, containing an existing commercial development, into two parcels. No changes to the existing site development are proposed. Recommendation: Staff is recommending approval of the Project, subject to the conditions. Public Hearing: The public hearing will be held before the Planning Commission on May 19, 2020, at 6:00 p.m. via Zoom. The hearing will be conducted in accordance with the City’s emergency protocols for social distancing. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.cityofpalmdesert.org/our-city/committees-and- commissions/planning-commission-information-center. Comment Period: The public comment period for this project is from May 9, 2020, to May 19, 2020. Public Review: The plans and related documents are available for public review Monday through Friday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Mr. Nick Melloni. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Nick Melloni, Assistant Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Extension 479 nmelloni@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, SECRETARY May 8, 2020 Palm Desert Planning Commission Notice of Exemption FORM “B” NOTICE OF EXEMPTION TO: Office of Planning and Research P. O. Box 3044, Room 113 Sacramento, CA 95812-3044 FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Clerk of the Board of Supervisors or County Clerk County of: Riverside 2724 Gateway Dr, Riverside, CA 92507 1. Project Title: TPM 37883 / TPM 20-0002 2. Project Applicant: The Altum Group, Inc. 3. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 41651 Corporate Way 4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside 5. Description of nature, purpose, and beneficiaries of Project: The Altum Group (“Applicant”) has submitted a Tentative Parcel Map application (the “Project”) to subdivide a 1.12- acre commercial lot, containing an existing commercial development, into two parcels. No changes to the existing development are proposed. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: The Altum Group 8. Exempt status: (check one) (a) Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (b) Not a project. (c) Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) Categorical Exemption. State type and section number: Class 15 “Minor Subdivisions ”; State CEQA Guidelines §15315 (e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) Statutory Exemption. State Code section number: (g) Other. Explanation: General Rule – Section 15061(b)(3) 9. Reason why project was exempt: The project is in conformance with the City’s General Plan and zoning requirements, all utilities and services are available to the parcel, the parcel was not involved in a Notice of Exemption FORM “B” larger subdivision in the previous two years, and the parcel does not have a slope greater than 20 percent. 10. Lead Agency Contact Person: Nick Melloni, Assistant Planner Telephone: (760) 346-0611 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project?  Yes  No 13. Was a public hearing held by the lead agency to consider the exemption?  Yes  No If yes, the date of the public hearing was: May 19, 2020 Signature:__________________________________ Date:_______________ Title:__________________________  Signed by Lead Agency  Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.