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HomeMy WebLinkAboutRes No 2799 PLANNING COMMISSION RESOLUTION NO. 2799 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO VESTING TENTATIVE TRACT MAP 37506 TO ADJUST BUILDING PAD HEIGHTS AND LOT LINES FOR A 46.3-ACRE PORTION OF A 174-ACRE RESIDENTIAL SUBDIVISION BOUNDED BY GERALD FORD DRIVE TO THE NORTH, PORTOLA AVENUE TO THE WEST, COOK STREET TO THE EAST, AND CITY-OWNED PROPERTIES TO THE SOUTH CASE NO: VTTM 37506 AMENDMENT NO. 2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 51h day of October 2021, hold a duly noticed public hearing to consider the request by University Park Investors, LLC, for approval of the above-noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of November 2018, adopt Planning Commission Resolution No. 2745 approving Tentative Tract Map 37506 for the subdivision of approximately 174 acres within the University Neighborhood Specific Plan (UNSP); and WHEREAS, the revisions to the building pad elevations and lot lines for Vesting 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 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, pedestrian and bicycle connectivity, and the uses proposed along with the development pattern comply with applicable City standards and standards approved as part of the Specific Plan. PLANNING COMMISSION RESOLUTION NO. 2799 4. The proposed Vesting Tentative Tract Map amendment is not detrimental to the public health, safety, 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 approximately 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 2,618 dwelling units within the project area. The project site, representing nearly one-half (%2) of the UNSP project boundary, is subdivided to accommodate 1,069 dwelling units for a density of approximately six (6) dwelling units per acre. The density of the project is consistent with the General Plan and UNSP designation for the Neighborhood Low designation, which allows four to eight (4-8) dwelling units per acre (see Page 4-18 of the UNSP). The amendment to Vesting Tentative Tract Map 37506 to adjust building pad elevation heights and lot line adjustments does not create additional lots; therefore, the density of the proposed subdivision remains consistent with the applicable General Plan and the UNSP. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The amendment to adjust building pad elevation heights and lot line adjustments to the Vesting Tentative Tract Map 37506 were reviewed by all pertinent departments and agencies and concluded that it does not change the design and improvements of the tract map which were previously reviewed by the Planning/Land Development Division, Fire Department, and Public Works 2 PLANNING COMMISSION RESOLUTION NO. 2799 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. 3. That the site is physically suitable for the type of development. The 46.3-acre portion of 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. The amendment to Vesting Tentative Tract Map 37506 to adjust building pad elevation heights and lot line adjustments remains consistent with the originally approved project; therefore, the site continues to be physically suitable for the development. 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 at a rate of approximately six (6) dwelling units per acre are consistent with surrounding development and the UNSP. The amendment to Vesting Tentative Tract Map 37506 to adjust building pad elevation heights and lot line adjustments does not affect the original density of the project; therefore, the density of the proposed subdivision remains physically suitable for the proposed density of the development. 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. The amendment to Vesting Tentative Tract Map 37506 to adjust building pad elevation heights and lot line adjustments does not present a change that will impact the previously analyzed environmental assessments for this project. 3 PLANNING COMMISSION RESOLUTION NO. 2799 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 buildings, 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. The amendment to Vesting Tentative Tract Map 37506 to adjust building pad elevation heights and lot line adjustments does not substantially affect the design of the subdivision or the type of improvements that will cause a serious public health problems. 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 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. The amendment to Vesting Tentative Tract Map 37506 to adjust building pad elevation heights and lot line adjustments does not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. 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 Vesting Tentative Tract Map Amendment No. 2, subject to conditions attached. 4 PLANNING COMMISSION RESOLUTION NO. 2799 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 5th day of October 2021, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO NOES: NONE ABSENT: GREGORY ABSTAIN: NONE JOHN R O D, C IR ATTEST: MARTIN ALVAREZ, SECRETARY PALM DESERT PLANNING COMMISSION 5 PLANNING COMMISSION RESOLUTION NO. 2799 CONDITIONS OF APPROVAL CASE NO. VTTM 37506 AMMENDMENT NO. 2 PLANNING/LAND DEVELOPMENT DIVISION: 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 Development Services Department and 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 Project, or the Project Approvals themselves, Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. Developer, 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 the Developer's approval of counsel, which shall not be unreasonably denied, and at the Developer's sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer and cooperate in the defense. Developer upon such notification shall deposit with City sufficient funds in the judgment of City 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 said action and to execute a joint defense and confidentiality agreement to share and protect the information, under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense to make the most efficient use of legal counsel and to share and protect information. Developer 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 the Developer's consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless Developer materially breaches this indemnification requirement. 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 development standards listed in the Palm Desert Municipal Code, and state and federal statutes now in force, or which hereafter may be in force. 4. The applicant shall record Tentative Tract Map 37506 within two (2) years of project approval. Multiple final maps may be recorded for this project. 5. Any proposed modifications to this approval shall require an amendment to the application, which will result in a new public hearing. 6. All Conditions of Approval listed in City of Palm Desert Planning Commission Resolution 2745 remain valid. END OF CONDITIONS OF APPROVAL 6