HomeMy WebLinkAboutRes 2019-79 - PM 37611 - Lumar Devco LLCMEETING DATE
PREPARED BY:
REQUEST
Recommendation
Resolution No. 2019-1.9 _
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
October 24, 2019
Christina Canales, Engineering Assistant
Adopt Resolution No. 2019- 79 Approving Final Parcel Map No.
37611
Waive further reading and adopt Resolution No. 2019- 79 approving
Final Parcel Map No. 37611.
Strateqic Plan Obiectives
This action has no impact on the Strategic Plan.
Background
Parcel Map 37611 is a proposed commercial center located on Avenue of the States and
Washington Street. The boundary for Parcel Map No. 37611 was created by Parcel Map
36363.
Tentative Parcel Map No. 37611 was approved by the Planning Commission on February
5, 2019. This map is substantially the same as it appeared on the Tentative Parcel Map.
Those conditions of approval related to the map have been satisfied, and the map
conforms to the requirements of the Subdivision Map Act and City ordinances.
October 24, 2019 - Staff Report
Adopt Resolution 2019- 79 Approving Final Parcel Map No. 37611
Page 2 of 2
Fiscal Analvsis
There is no fiscal impact associated with the approval of this map.
LEGAL REVIEW DEPT. REVIEW FINANCIAL
REVIEW
wa
Robert W. Hargreaves Tom Garcia, P.E. Janet M. Moore
City Attorney Director of Public Works Director of Finance
City Manager, Lauri Aylaian:
APPLICANT: Lumar Devco, LLC
3835 Birch Street
Newport Beach, CA 92660
ATTACHMENTS: Resolution No. 2019- 7_
Conditions of Approval
Tentative Parcel Map 37611
Final Parcel Map 37611
Vicinity Map
ASSISTANT
CITY MANAGER
ndy Firesti e
Assistant Ci anager
RESOLUTION NO. 2019- 79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION
MAP OF PARCEL NO. 37611.
BE IT HEREBY RESOLVED, by the City Council of the City of Palm Desert,
California, as follows:
(1) The Final Subdivision Map of Parcel 37611, City of Palm Desert,
California, is hereby approved as the official map of said parcel, subject to
the conditions of the Tentative Map.
(2) The City Engineer is directed to process the Parcel Map for Recording
upon receipt of the required payment of all fees.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm
Desert, California, on this day of 2019, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUSAN MARIE WEBER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
CITY Of P H I M 9ESERI
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-o6z z
info@cityofpalmdesert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
February 6, 2019
Mr. Michael Lundin
Lumar Devco, LLC
3835 Birch Street
Newport Beach, California 92660
Subject: Consideration of a Tentative Parcel Map to Subdivide a 1.64-acre Parcel
into Three Separate Parcels
The Planning Commission of the City of Palm Desert considered your request and took
the following action at its regular meeting of February 5, 2019:
The Planning Commission approved Case No. TPM 37611 by the adoption
of Planning Commission Resolution No. 2749, subject to the conditions of
approval. Motion carried by a 4-0 vote, with Commissioner Holt ABSENT.
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
49er
Ryan Stendell, Secretary
Palm Desert Planning Commission
cc: File
Building & Safety Department
Public Works Department
Fire Marshal
\IMII.M�KI(W wl�
PLANNING COMMISSION RESOLUTION NO.2749
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 37611 TO
SUBDIVIDE A 1.64-ACRE PARCEL INTO THREE SEPARATE PARCELS
FOR THE FUTURE DEVELOPMENT OF A RETAIL COMMERCIAL CENTER
AT THE SOUTHWEST CORNER OF WASHINGTON STREET AND AVENUE
OF THE STATES; AND ADOPTING A NOTICE OF EXEMPTION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
CASE NO: TPM 37611
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 5th day of February 2019, hold a duly noticed public hearing to consider the request by
Lumar Devco, 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, adopted Resolution No. 2744 approving a request to
construct a 12,375-square-foot shopping center at the project site; and
WHEREAS, according to the California Environmental Quality Act (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. 2015-75, in that the Director of Community Development has determined that
the proposed project is an Article 19 Class 15: Minor Land Divisions (15315) Categorical
Exemption for purposes of CEQA 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, 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 General Plan Land Use
Designation for Suburban Retail Center. The zone allows for subdivisions and the
three (3) new parcels meet the development standards in regard to lot widths and
lot depths. The applicant is not proposing a building and/or buildings as part of this
subdivision. There is no specific plan for this development.
PLANNING COMMISSION RESOLUTION NO.2749
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The site was previously improved to comply with City standards. The proposal has
been conditioned to provide public improvements under Planning Commission
Resolution No. 2744. The future development and use of the site have been
designed to, and are consistent with, the General Plan and the City's Subdivision
Ordinance and Zoning Ordinance. There is no specific plan for this development.
3. That the site is physically suitable for the type of development.
The original parcel totals 1.64-acres and has been approved for the future
development of a retail commercial center. The lot form is physically suitable for
potential land users under the District Commercial Center zone. Utilities including
water, electrical, sewer, and gas are in place and compatible with surrounding
properties. This further subdivision will not change the layout of the parcel.
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 three (3) parcels will not cause substantial environmental damage
or injuries to fish or wildlife or their habitat since the site has previously been graded
and developed. Creation of three (3) new parcels 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 three (3) additional parcels will not create a physical change
to the existing site and will not cause public health problems. Each lot will have
access from a public street. The lots will not create serious public health problems,
as utilities are available to support the site. Mitigation measures for dust control
and noise will be enforced during any future development of the lots.
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 the three (3) new parcels at this site will not impact any existing
public easements since access to the site is available from existing public streets.
7. That the design of the subdivision or the type of improvements will not restrict solar
access to the property.
The project meets all development standard requirements as previously approved
under the original subdivision map. Future development of the lots will be subject to
the development standards within the District Commercial Center zone. The design
PLANNING COMMISSION RESOLUTION NO.2749
of this subdivision and orientation of the lots will not impact solar access to adjacent
properties or the subject properties.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER
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 approve Tentative Parcel Map 37611
subject to conditions attached.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 51' day of February 2019, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, and PRADETTO
NOES: NONE
ABSENT: HOLT
ABSTAIN: NONE
R N GREGORY, C
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
PLANNING COMMISSION RESOLUTION NO.2749
CONDITIONS OF APPROVAL
CASE NO. TPM 37611
DEPARTMENT OF COMMUNITY DEVELOPMENT:
The operation of the facility shall conform substantially with approved exhibits on file with
the Department of Community Development, except as modified by conditions herein.
2. 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.
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 Permittee 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 Permittee of any such claim, action, or proceeding, and
the City of Palm Desert shall cooperate fully in the defense.
5. Tentative Parcel Map 37611 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.
6. All conditions of Planning Commission Resolution No. 2744 shall remain in effect except
as modified by conditions herein.
DEPARTMENT OF PUBLIC WORKS:
Prior to recordation of the Parcel Map:
7. The parcel map shall be submitted to the City Engineer for review and approval.
4
PLANNING COMMISSION RESOLUTION NO.2749
8. Easements for drainage, pedestrian, and public utility purposes shall be provided as
needed on the final parcel map.
9. Right-of-way as may be necessary for the construction of required public improvements
shall be provided on the parcel map as needed.
10. A monumentation deposit shall be submitted prior to scheduling the map for City Council
approval.
11. Horizontal control requirements shall apply to this map, including state plane
coordinates, which shall conform to City of Palm Desert specifications.
12. Pad elevations, as shown on the tentative map, are subject to review and modification
in accordance with Chapter 27 of the Palm Desert Municipal Code.
13. The applicant shall pay the appropriate signalization fee in accordance with City of Palm
Desert Resolution Nos. 79-17 and 79-55.
14. Drainage fees shall be paid in accordance with Section 26.49 of Palm Desert Municipal
Code and Palm Desert Ordinance Number 653.
15. Prior to City Council approval of Tentative Parcel Map 37611, the applicant shall
construct or enter into an agreement and post security, in a form and amount acceptable
to the City Engineer, guaranteeing the construction of all off -site improvements.
Improvements shall include, but are not limited to:
A. The modification of the existing median at Avenue of the States. The applicant
shall submit a street improvement plan for review and approval prior to
construction of the median.
B. The removal and replacement of the curb, gutter, and 6' sidewalk on Avenue of
the States and an 8' sidewalk on Washington Street as needed and as shown on
the approved plan.
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PARCEL MAP 37611
APN: 637072011
House#: 42155
APN: 637062010
House#-. 77820 APN: 637072011
House#: 42155
A APN: RW
o.�`� House#: 0 Aj/NtiE Of �iif-ST�4TO6
APN: 637071003 APW 637071004
House#: 77915 House#: 0
y��� VAPN: 63706304N
House#: 0 W
W
APN: 637170003 Z
House#: 77915 APN: 637170052 qqk
House#: 42575 S7
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APN:637170053 APN:637170016
House#:77915 House#:42675
I I i
--- Circulation Network
- 0 City Boundary
APN: 637170013
House#: 42675
APN: 637170051
House#: 42695
IffGflE-Ni�Uv A,-- I I
Legend
Streets 1: 2,273
—
❑ Parcels (09/2019)
Notes