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HomeMy WebLinkAboutRes No 2794PLANNING COMMISSION RESOLUTION NO.2794 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 38120 TO SUBDIVIDE A FORMER RETENTION BASIN INTO TWO SINGLE-FAMILY LOTS WITHIN THE MONTECITO SUBDIVISION; AND ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: TPM 38120 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 61h day of July, 2021, hold a duly noticed public hearing to consider the request by Edward Yoder, for approval of the above -noted project request; and WHEREAS, according to the CEQA, the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. The application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2019-41, in that the Interim Director of Development Services 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. Staff has prepared a Notice of Exemption, and no further review is necessary; 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: FINDINGS FOR APPROVAL: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The property is designated Conventional Suburban Neighborhood in the General Plan. The proposed density of subdividing a former retention basin lot into two residential lots is consistent with the maximum of eight dwelling units per acre. The project complies with the General Plan and the density is consistent with the City of Palm Desert Comprehensive General Plan. There is no specific plan for the subject property. PLANNING COMMISSION RESOLUTION NO. 2794 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvements of the proposed subdivision have been reviewed by the Land Development (Planning/Engineering) Division, Fire Department, and Public Works Department for consistency with the General Plan and emergency services. The street and utility improvements, circulation patterns, and drainage improvements meet all requirements of the General Plan. All existing perimeter streets are in conformance with the General Plan. All internal project streets that serve the project conform to City standards and are consistent with adjoining residential developments. There are no specific plans for the property. 3. That the site is physically suitable for the type of development. The vacant site is suitable for the development proposed. On July 5, 1989, the Planning Commission approved Resolution No. 1364 approving TPM 24530 to subdivide 90 acres into 277 single-family homes. The project was altered in the 90s, and only 94 lots were developed. Environmental and traffic studies were prepared for the project area. No environmental or traffic concerns were identified that would indicate that development in this area would be unsuitable. In addition, existing golf courses and residential developments have successfully constructed similar types of development in the immediate vicinity. No obstacles to the development of surrounding subdivisions were experienced and, 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. 4. That the site is physically suitable for the proposed density of development. As proposed, the site layout and density are consistent with the surrounding development. The zoning allows up to eight units per acre, which is consistent with the developed 94 single-family homes. The infrastructure, soils, and terrain serving this proposed subdivision adequately supports the density. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injury to fish or wildlife or their habitat. For purposes of CEQA, the original Parcel Map 24350 was approved with a Negative Declaration of Environmental Impact in accordance with CEQA. 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 land uses and a golf course. 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. 2 PLANNING COMMISSION RESOLUTION NO. 2794 The design and layout of the proposed two residential lots are in compliance with all grading requirements and the properties will be developed in accordance with the Uniform California Building Code. Grade changes in the community are accommodated by the street layout and open space provided throughout the subdivision. 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 is located within a private residential community and will not impact any public easements as part of the subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 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 grant approval of TPM 38120, subject to the conditions of approval. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 61h day of July 2021, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, and PRADETTO NOES: NONE ABSENT: HOLT ABSTAIN: NONE ATTEST: ERIC CEJA, SE TARY PALM DESERT NNING COMMISSION 1 My') J QNREENW50D, CH 3 PLANNING COMMISSION RESOLUTION NO.2794 CONDITIONS OF APPROVAL CASE NO: TPM 38210 LAND DEVELOPMENT (PLANNING/ENGINEERING) DIVISION: 1. The development of the property shall conform substantially with exhibits on file with the Land Development Division, as modified by the following conditions. 2. The applicant shall record Parcel Map 38210 within two (2) years of project approval. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved project and all Palm Desert Municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire Department Evidence of said permit or clearance from the above agencies shall be presented to the Building & Safety Division at the time of issuance of a building permit for the use contemplated herewith. 5. Applicant shall defend, indemnify and hold harmless the City against any third party legal challenge to these approvals, with counsel chosen by the City at applicant's expense. 6. Lighting plans shall be submitted in accordance with Palm Desert Municipal Code (PDMC) Section 24.16 for any landscape, architectural, street, or other lighting types within the project area. 7. The parcel map shall be submitted to the Director of Development Services for review and approval. 8. Record a Declaration of Annexation incorporating the new lots/owners into the existing homeowners' association and Covenants, Conditions, & Restrictions (CC&Rs) concurrently with the parcel map, unless the existing CC&R's have provisions for such annexation, then proof of which shall be submitted prior to parcel map approval. 9. The applicant shall submit grading plans for review and approval prior to receiving a grading permit. 1 4