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HomeMy WebLinkAboutRes 2018-82 - PM 37491 - Palm Ventures PA-1 LLCSTAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT 'g_ s MEETING DATE: November 15, 2018 PREPARED BY: Christina Canales, Assistant Engineer C . e - REQUEST: Adopt Resolution No. 2018- 82 Approving Final Parcel Map No. 37491 Recommendation Waive further reading and adopt Resolution No. 2018- 82 approving Final Parcel Map No. 37491. Strategic Plan Objectives This action has no impact on the Strategic Plan Background The boundary for Parcel Map No. 37491 was created by Parcel Map 34211-1 as parcel 2 of this map. Parcel Map number 37491 is generally located between Technology Drive and Cook Street, west of the 1-10 interchange at Cook Street. This project covers 3.14 acres that contains an existing hotel and a vacant pad for a proposed restaurant. Tentative Parcel Map No. 37491 was approved by the Planning Commission on May 15, 2018. This map is substantially the same as it appeared on the Tentative Parcel Map. There are proposed reciprocal easements for access, drainage, and parking provided for on the map as conditioned. 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. November 15, 2018 - Staff Report Adopt Resolution 2018- 82 Approving Final Tract Map No. 37491 Page 2 of 2 Fiscal Analysis There is no fiscal impact associated with this action beyond the impact fees that have been collected. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER N/A Robert W. Hargreaves Thomas Garcia, P.E. City Attorney Director of Public Works Janet Moore Director of Finance APPLICANT: Palm Ventures PA-1, LLC 11516 Nicholas Street, Suite 202 Omaha, Nebraska 68154 ATTACHMENTS: Resolution No. 2018- 82 Conditions of Approval Tentative Parcel Map 37491 Final Parcel Map 37491 Vicinity Map Lauri Aylaian City Manager RESOLUTION NO. 2018- 82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP 37491. BE IT HEREBY RESOLVED, by the City Council of the City of Palm Desert, California, as follows: (1) The Final Subdivision Map of Parcel 37491, City of Palm Desert, California, is hereby approved as the official subdivision map of said tract, subject to the conditions of the Tentative Map. (2) The City Engineer is directed to process the Final 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 , 2018, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SABBY JONATHAN, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 1 1 1 PLANNING COMMISSION RESOLUTION NO. 2719 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND APPROVING TENTATIVE PARCEL MAP 37491 TO SUBDIVIDE A 3.14-ACRE PARCEL CONTAINING AN EXISTING HOTEL AND A VACANT PAD FOR A FUTURE RESTAURANT INTO TWO SEPARATE PARCELS LOCATED AT 74-764 TECHNOLOGY DRIVE CASE NO: TPM 37491 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 15th day of May 2018, hold a duly noticed public hearing to consider the request by Manila) J. Patel for approval of the above -noted; and WHEREAS, according to the Califomia 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 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 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 Town Center Neighborhoods. The zone allows for subdivisions and the two (2) 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. 2719 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 to subdivide this site does not require additional improvements beyond what has already been installed at the site. The existing 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 3.14-acres and has been partially developed and fully graded. The proposed lot form is physically suitable for potential land users under the Regional Planned Commercial 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 two (2) additional 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 two (2) 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 two (2) additional parcels 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, Technology Drive. 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 two (2) new parcels at this site will not impact any existing public easements since access to the site is off of a public street, Technology Drive. 2 1 1 1 PLANNING COMMISSION RESOLUTION NO. 2719 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 Regional Planned Commercial zone. 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 18-0001, 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 15th day of Mav 2018, by the following vote, to wit: AYES: DE LUNA, GREGORY, and PRADETTO NOES: NONE ABSENT: GREENWOOD and HOLT ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 3 v6-- Fl n..,.,1:. d .. JOSEPH PRADETTO, CHAIRPERSON PLANNING COMMISSION RESOLUTION NO. 2719 CONDITIONS OF APPROVAL CASE NO. TPM 37491 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. 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 37491 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 City Council Resolution No. 2014-40 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 1 1 1 PLANNING COMMISSION RESOLUTION NO. 2719 8. Easements for drainage, pedestrian, and public utility purposes shall be provided as needed on the final parcel map. 9. 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. Prior to the issuance of a grading permit: 10. The applicant shall submit a grading plan to the Department of Public Works for review and approval. Any changes to the approved civil plans must be reviewed for approval prior to work commencing. 11. The applicant shall submit a PM10 application for approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 12. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 13. The applicant shall revise the existing WQMP for this site to accommodate the added drainage from the proposed building. 5 w6. pr •M• _ w TECHNOLOGY OHNE nn.cvwwa II1 • IIIIH ,� • M 4g ILL L ILW.Nw& t. 1114.1.1. -- TOOK STREET • a a a Ot as 11111 d�(g iii'� ] k��v lipli s it ag ' ;+ K is a€i Eka Jr Ipla FM1 k a e R z¢ ; a : a 1 yyy ■ 7 12 h 1 ► ! Fri K 111R+ q i - c i g !Ill q■ a.- akjj 4 !a�. 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C< PABCq imps N 540E OFFICE OF MI CWNIY 111ECORCER OF IIN R6WE COIIOT*, SEATE OF CALf0#HIA, IOCATE0 AR1111 SECTION 33• TOfAN511P 4 8001-1. RANGE 6 FAST. 5.811. IX 1e1[ C110 Or RIM 4E$ERi. WAIT 0. BNERSICE, 5IA1C W CNJF0RNLI 50 I00 150 SCALE! 1.50' mat C pia 1 1,01. 0}I.-p1)W,2, VA. r. YZTJA PIN tl➢•ri,! SIX 9EE7 2 T01 9fNE107'5.MOIE5. EA9Faf3R5 ND BASIS OF BC)B;ICs 1p[Ihlr( w1A UeE 1 .2118 111FL11 1110118 I LEWIN I AIWIrore - II2 WW1 P 1F 121r-On 11'N' 4 •0501 {5 .W' 1 01_1P 3" I I1110.0r• S01'a'11' a R Michael Baker INTERNATIONAL 1111. 2018 NCI:013'E 115.33' 1101• 0,50T 215.]1'1rl PAfim 2.16 AC. 11g1'01'00'Ev, 22114' 151 9.1•114 CC! A N]f1.1 AB 2304f1t413 Z. PARCEL MAP 37491 aZr��-r-i3ffl-DRty: Legend — Circulation Network City Boundary PARCEL MAP 37491 LOCATION — Streets ❑ Parcels 09/2018j 1: 3,309 Notes 0