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HomeMy WebLinkAboutRes No 2785PLANNING COMMISSION RESOLUTION NO. 2785 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST TO SUBDIVIDE 9.8 ACRES INTO EIGHT (8) APPROXIMATELY ONE -ACRE PARCELS AT PARCEL 4 WITHIN THE MILLENNIUM SPECIFIC PLAN LOCATED ALONG THE NORTH SIDE OF TECHNOLOGY DRIVE; AND ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL ACT (CEQA) CASE NO: TPM 37978 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of January 2021, hold a duly noticed public hearing to consider the request by Palm Desert University Gateway, LLC, for approval of the above noted; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of March 2015, adopted Ordinance 1281 approving the Millennium Specific Plan covering over 152 acres north of Gerald Ford Drive, West of Cook Street, and East of Portola Avenue; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 261h day of March 2015, adopt Resolution 2015-15 approving Tentative Tract Map 36792 (TPM 36792)for the subdivision of 152 acres within the Millennium Specific Plan, including the creation of a 10-acre parcel identified for future business park land uses; and WHEREAS, TPM 37978 does not alter the boundaries of the Specific Plan, it conforms with standards in the Specific Plan, and complies with the subdivision map act and City ordinance; and WHEREAS, said application does not alter, materially change, or create any new negative impacts on the environment and that a mitigated negative declaration that the City Council adopted as part of the Millennium Specific Plan approvals and that the environmental analysis prepared for the Specific Plan are still valid and support the tentative parcel map; 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 exist to justify the approval of said request: 1. TPM 37978, as proposed, is consistent with the goals and policies of the Millennium Specific Plan and the Palm Desert General Plan, including that the project to further subdivide the property will not impede the anticipated development of the site for business park type land uses. 2. TPM 37978, as proposed, is compatible with adjacent properties and surrounding uses and development standards are similar to surrounding zoning districts and the Millennium Specific Plan. PLANNING COMMISSION RESOLUTION NO.2785 3. TPM 37978 is suitable and appropriate for the property in which the property has been designated for business park type land uses and that future development will comply with applicable City standards and standards approved within the Millennium Specific Plan. 4. TPM 37978 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 amended TPM and the Specific Plan have complied with the provisions of the CEQA in that a mitigated negative declaration has been adopted for the project, and all potentially significant environmental impacts have been mitigated. Findings for Approval: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The subdivision of this 10-acre parcel into eight (8) approximately one -acre parcels is subject to the land -use limitations and development standards of the Millennium Specific Plan. Further subdivision of this parcel does not change the underlying density or land use assumptions for the future development of these parcels and is therefore consistent with the City's General Plan and Millennium Specific Plan. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvements of the parcel map have been reviewed by the Planning Department, Fire Department, and Public Works Department for consistency with the General Plan, Millennium Specific Plan, and emergency services. The lot sizes, street and utility improvements, circulation patterns, and drainage improvements meet all requirements of the General Plan and Millennium Specific Plan. All perimeter streets are in conformance with the Millennium Specific Plan, and modifications to the surrounding roadways will improve vehicle circulation in the vicinity. 3. That the site is physically suitable for the type of development. The 10-acre site subject to the further subdivision is suitable for the proposed development. Environmental, cultural, traffic, and other special studies were prepared for the project site as part of the Millennium Specific Plan CEQA document. No environmental issues were identified that would indicate that development in this area would be unsuitable. In addition, existing 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. The property is suitable for the proposed development as conditioned. 4 PLANNING COMMISSION RESOLUTION NO.2785 4. That the site is physically suitable for the proposed density of development. The project site is surrounded by a mix of commercial and hospitality development to the south, southwest, and west, and the Union Pacific Railroad to the north. As proposed, the site layout and distribution of land uses are consistent with surrounding development. The Specific Plan includes business park development within the project area at heights and intensities similar to existing commercial and hotel uses in the vicinity and along Interstate 10 in the City of Palm Desert. 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, a Mitigated Negative Declaration of Environmental Impact has been adopted for the Millennium Specific Plan project. The action to approve a TPM to further subdivide the 10-acre property 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 parcel map complies with all grading, drainage, shared vehicle access and parking requirements and the properties 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. Mitigation measures are also in place to minimize air and noise impacts from the adjoining railroad and freeway. 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 electrical distribution easements located within and adjacent to the project site. The parcel map identifies the use of this area and will record an easement for drainage purposes. Improvements related to drainage will be provided to ensure the project area accommodates 100 percent of the 100-year storm. Surrounding perimeter City streets will be built -out to the standards contained in the Millennium Specific Plan, and the developer will make modifications to Technology Drive for project access. K3 PLANNING COMMISSION RESOLUTION NO. 2785 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 an amendment to TPM 37978, subject to 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 January 2021, by the following vote, to wit: AYES: GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: DE LUNA ABSTAIN: NONE 1 ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 1 4 PLANNING COMMISSION RESOLUTION NO.2785 1 CONDITIONS OF APPROVAL CASE NO. TPM 37978 DEPARTMENT OF COMMUNITY DEVELOPMENT: The development of the property and all buildings pads within the Specific Plan 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 TPM 37978 within two (2) years of project approval. Construction of improvements, in accordance with the approved Specific Plan, shall commence within two (2) years from the date of approval unless a time extension is granted; otherwise, said approval shall become null, void and of no effect whatsoever. 3. Prior to the issuance of a grading permit, the applicant shall submit for review and obtain approvals from the affected local utility owners, including the Coachella Valley Water District, Southern California Edison, and Southern California Gas Company. 4. All Conditions of Approval identified in City Council Resolution Nos. 2015-15 applicable to these parcels remain in effect for this project. DEPARTMENT OF PUBLIC WORKS: Prior to recordation of the parcel map: 1. The parcel map shall be submitted to the City Engineer for review and approval. 2. Easements for drainage, pedestrian, and public utility purposes shall be provided as needed on the final parcel map. 3. The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653. 4. The applicant shall submit CC&R's concurrently with the final map for review and approval. Once approved by the City, the CC&R's shall be recorded with the County Recorder's Office. 5. Horizontal control requirements shall apply to this map, including state plane coordinates, which shall conform to City of Palm Desert specifications. END OF THE CONDITIONS OF APPROVAL 5