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HomeMy WebLinkAbout2022-11-15 PC Regular Meeting Agenda Packet City of Palm Desert Page 1 PLANNING COMMISSION CITY OF PALM DESERT, CALIFORNIA AGENDA (HYBRID MEETING) City Hall – Council Chamber 73510 Fred Waring Drive Palm Desert, CA 92260 Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. • To participate via Zoom, use the following link: https://palmdesert.zoom.us/j/84739707419. • To participate via phone: Dial (213) 338-8477 or (602) 753-0140, enter the Zoom Webinar ID: 847 3970 7419 followed by #. Indicate that you are a participant by pressing # to continue. During the meeting, press *9 to add yourself to the queue and wait for the Recording Secretary to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes. • Written public comment may also be submitted to planning@cityofpalmdesert.org. Emails received by 3:00 p.m. prior to the meeting will be distributed to the Commission. Any correspondence received during or after the meeting will be distributed to the Commission as soon as practicable and retained for the official record. Emails will not be read aloud except as an ADA accommodation. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. NON-AGENDA PUBLIC COMMENT: This time has been set aside for the public to address the Planning Commission on issues that are not on the agenda for up to three minutes. Because the Brown Act does not allow the Commission to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 5. CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by Commissioners for a separate discussion. Tuesday November 15, 2022 6:00 p.m. Regular Meeting Planning Commission Agenda November 15, 2022 City of Palm Desert Page 2 A. APPROVAL OF MINUTES RECOMMENDATION: Approve the Planning Commission Regular Meeting minutes of November 1, 2022. CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 6. ACTION CALENDAR None 7. PUBLIC HEARINGS: Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless the Planning Commission authorizes additional time. A. CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND RECOMMENDATION OF APPROVAL TO THE PALM DESERT CITY COUNCIL OF A SUMMARY VACATION OF AN EXCESS PORTION OF RIGHT-OF-WAY LOCATED AT THE NORTHERLY TERMINUS OF SANTA MARGARITA AVENUE RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution No. 2823: 1. Adopting a Notice of Exemption in accordance with CEQA. 2. Recommending that the City Council approve a summary vacation of an unused portion of Santa Margarita Avenue located at the northerly terminus of Santa Margarita Avenue. B. CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION PURSUANT TO CEQA AND RECOMMENDATION OF APPROVAL TO THE PALM DESERT CITY COUNCIL OF A SUMMARY VACATION FOR A PORTION OF THE RESTRICTED ACCESS EASEMENT LYING WITHIN PARCELS 6 AND 7 OF PARCEL MAP 36792 LOCATED NORTH OF GERALD FORD DRIVE, APPROXIMATELY 750 FEET WEST OF TECHNOLOGY DRIVE RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution No. 2824: 1. Adopting a Notice of Exemption in accordance with CEQA. 2. Recommending that the City Council approve a summary vacation for a restricted access easement lying within Parcels 6 and 7 of Parcel Map 36792. 8. INFORMATIONAL REPORTS & COMMENTS A. SUMMARY OF CITY COUNCIL ACTIONS Planning Commission Agenda November 15, 2022 City of Palm Desert Page 3 B. COMMITTEE MEETING UPDATES 1. Cultural Arts Committee 2. Parks and Recreation Commission C. PLANNING COMMISSIONERS D. CITY STAFF E. ATTENDANCE REPORT 9. ADJOURNMENT: The next Regular Meeting will be held on December 6, 2022, at 6:00 p.m. Planning Commission Agenda November 15, 2022 City of Palm Desert Page 4 AFFIDAVIT OF POSTING I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board and City website not less than 72 hours prior to the meeting. Monica O’Reilly Recording Secretary PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Development Services Department, City Hall, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.cityofpalmdesert.org. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. City of Palm Desert Page 1 PLANNING COMMISSION CITY OF PALM DESERT, CALIFORNIA MINUTES Pursuant to Assembly Bill 361, this meeting was conducted by teleconference, and there was in-person public access to the meeting location. 1. CALL TO ORDER A Regular Meeting of the Planning Commission was called to order by Chair DeLuna on Tuesday, October 18, 2022, at 6:00 p.m. 2. ROLL CALL Present: Commissioners John Greenwood, Lindsay Holt, Vice-Chair Joseph Pradetto, and Chair Nancy DeLuna. Absent: Commissioner Ron Gregory. Staff Present: Robert Hargreaves, City Attorney, Richard D. Cannone, AICP, Director of Development Services; Rosie Lua, Deputy Director of Development Services; Nick Melloni, Senior Planner; and Monica O’Reilly, Recording Secretary. 3. PLEDGE OF ALLEGIANCE Commissioner Greenwood led the Pledge of Allegiance. 4. NON-AGENDA PUBLIC COMMENT: None. 5. CONSENT CALENDAR: The staff report(s) and Zoom video of the meeting are available on the City’s website. Click on the following link to access: www.cityofpalmdesert.org/our- city/committees-and-commissions/commission-information. A. APPROVAL OF MINUTES RECOMMENDATION: Approve the Minutes of October 18, 2022. Tuesday, November 1, 2022 6:00 p.m. Regular Meeting Planning Commission Minutes November 1, 2022 City of Palm Desert Page 2 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES MOTION BY COMMISSIONER GREENWOOD, SECOND BY COMMISSIONER HOLT, CARRIED 4-0 (GREGORY ABSENT), to approve the Planning Commission Regular Meeting minutes of October 18, 2022. CONSENT ITEMS HELD OVER: None. 6. ACTION CALENDAR None. 7. PUBLIC HEARINGS A. CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT AN UNMANNED, 65-FOOT-TALL WIRELESS TELECOMMUNICATION FACILITY DESIGNED AS A STEALTH MONOPALM WITHIN A 562-SQUARE-FOOT LEASE AREA, A BLOCK WALL ENCLOSURE CONTAINING GROUND-MOUNTED EQUIPMENT, AND NEW LANDSCAPING LOCATED AT 39750 GARAND LANE Senior Planner Melloni presented the staff report and responded to Commissioner inquiries. Chair DeLuna opened the Public Hearing. Chris Doheny, Applicant, thanked the Planning Commission and Planning staff for their time and provided a PowerPoint presentation to clarify the location of the monopalm. He also responded to Commissioner inquiries. Staff responded to Commissioner inquiries regarding noticing and collocating for the proposed tower and an abandoned tower the site’s vicinity. There being no others desiring to speak, the Public Hearing was closed. Following Commissioner comments, MOTION BY COMMISSIONER GREENWOOD, SECOND BY COMMISSIONER PRADETTO, CARRIED 4-0 (GREGORY ABSENT), approving Planning Commission Resolution No. 2822 to: 1. Adopt a Notice of Exemption in accordance with CEQA. 2. Approve the request for a CUP to construct an unmanned, 65-foot-tall wireless telecommunication facility designed as a stealth monopalm within a 562-square-foot lease area, a block wall enclosure containing ground-mounted equipment, and new landscaping located at 39750 Garand Lane. Planning Commission Minutes November 1, 2022 City of Palm Desert Page 3 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES 8. INFORMATIONAL REPORTS & COMMENTS A. SUMMARY OF CITY COUNCIL ACTIONS Mr. Cannone summarized pertinent City Council actions from the meeting of October 27, 2022. B. COMMITTEE MEETING UPDATES 1. Cultural Arts Committee None. 2. Parks and Recreation Commission Mr. Melloni reported that the Commission did not hear any actions and provided the update that the consultant for the north sphere park had prepared a public outreach plan. C. PLANNING COMMISSIONERS The Commission expressed it was nice to be back in the Council Chamber for meetings. D. CITY STAFF Ms. Lua mentioned that the Planning Commissioners Academy is scheduled on March 29-31, 2023, in Garden Grove, California. Registration opens in December 2022; more information will be available at a future meeting. E. ATTENDANCE REPORT The attendance report was provided with the agenda materials. The Commission took no action on this matter. 9. ADJOURNMENT The Planning Commission adjourned at 6:47 p.m. Respectfully submitted, Monica O’Reilly, Executive Administrative Assistant Recording Secretary ATTEST: Richard Cannone, AICP, Director of Development Services Secretary APPROVED BY THE PLANNING COMMISSION: XX/XX/2022 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: November 15, 2022 PREPARED BY: Nick Melloni, Senior Planner REQUEST: CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL FOR A SUMMARY VACATION OF AN EXCESS PORTION OF RIGHT-OF-WAY LOCATED AT THE NORTHERLY TERMINUS OF SANTA MARGARITA AVENUE RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution No. 2823: 1. Conduct the public hearing and receive public testimony. 2. Adopting a Notice of Exemption in accordance with CEQA. 3. Recommending that the City Council approve a summary vacation of an excess portion of Santa Margarita Avenue. EXECUTIVE SUMMARY: The Applicant, MSA Consulting, Inc, on behalf of Heartbeat at 22, requests approval to vacate a 1,056-square-foot portion of unutilized, excess public right-of-way at the northernmost cul-de-sac of Santa Margarita Avenue. The proposed right-of-way vacation is located adjacent to west of 44525 Santa Margarita Avenue and east of 44520 Santa Margarita Avenue. The area to be vacated has not been utilized as a public street within the last five (5) years, will not require new improvements or modifications to existing streets, nor change the existing configuration of Santa Margarita Avenue. City staff has concluded that the vacation of the excess public right-of-way is consistent with the Palm Desert General Plan and conforms with the requirements of the California Streets and Highways Code, Division 9, Part 3, Chapter 4, Sections 8330 through 8336 for a “summary vacation.” BACKGROUND/ANALYSIS: A. Property Description: In 1988, the City approved Assessment District No. 87-1, which included a plan to improve streets throughout residential neighborhoods located between Highway 111 to the south and Fred Waring Drive to the north. This plan included a modification to the original cul-de-sac design from a bulb shape to the existing offset cul-de- sac design, which complies with new access design standards. As a result, the excess right-of-way for the former Santa Margarita Avenue cul-de-sac was never formally vacated, resulting in the excess right-of-way. In May of 2022, the Palm Desert Planning Commission approved PC Resolution No. 2812 to construct five (5) new residential dwelling units, a 1,935-square-foot addition, and parking on the property located at 44-525 Santa Margarita. This approval includes a condition that City of Palm Desert Santa Margarita Avenue Right-of-Way Vacation Page 2 of 3 the owner of the property alter the design of the cul-de-sac and correct the right-of-way design. Project Analysis: The summary vacation must conform to the City’s General Plan and the findings of the California Streets and Highways Code, Division 9, Part 3, Chapter 4, Sections 8330 through 8336 for a “summary vacation” to vacate the excess right-of-way based on the following: • The area has not been paved and has not been used for the past five (5) consecutive years for vehicular travel, and no public money has been used for its maintenance. The area consists of an unpaved area that has been maintained by adjacent property owners for at least the past five (5) years. This area has not been used for vehicular travel or been maintained by the City. • The area has been determined to be excess by the City, and there are no other public facilities located within it. The area has been deemed excessive as it is a remnant of an old cul-de-sac design. There are no City facilities located within the 1,056-square-foot vacated area. • The area is not required for street or highway purposes. The adjacent cul-de-sac is sufficient for vehicle access and emergency access purposes. The General Plan identifies the existing street as a local street, and no additional dedications are required. There are no plans to expand Santa Margarita Road beyond its existing condition. • The area does not contain public utility facilities that are in use or would be affected by the vacation. There are no existing public utility facilities within the vacation area. Appropriate right-of-way will be maintained around the cul-de-sac for existing utilities adjacent to the vacated area, including a storm catch basin. Staff finds that the summary vacation of the excess right-of-way is in conformance with the General Plan Circulation element, which identifies the street designation of the Santa Margarita Avenue as a local street that does not require widening. The excess right-of-way does not change the existing configuration of the public street and does not compromise the provisions of the General Plan; therefore, the excess portion of the right-of-way does not serve a public benefit. In addition, the acting City Engineer and City Surveyor have concluded that the vacation meets the California Streets and Highways Code, Division 9, Part 3, Chapter 4, Sections 8330 through 8336 criteria referenced above. The area is currently vacant, unpaved, and has not been used for the past five (5) consecutive years for vehicular travel. No public funds have been used for its maintenance, and there are no other public facilities located within it. The area is not deemed or required for street or highway purposes and does not contain public utility facilities that are in use or would be affected by the summary vacation. City of Palm Desert Santa Margarita Avenue Right-of-Way Vacation Page 3 of 3 Public Input: Public noticing was conducted for the November 15, 2022, Planning Commission meeting pursuant to PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice was published a minimum of 10 days prior to the hearing date on Friday, November 4, 2022, in The Desert Sun newspaper. Notices were mailed to all property owners within 300 feet of the project site for a total of 29 public hearing notices mailed. No comments have been received. Environment Review: City staff has reviewed the project pursuant to CEQA and recommends that the Planning Commission find the project is exempt from environmental review pursuant to Section 15305 Minor Alterations in Land Use Limitations (Class 5) of the State CEQA Guidelines. The project is for the vacation of a 1,056-square-foot excess unutilized portion of public right-of-way and is consistent with the General Plan circulation designation and applicable General Plan policies, as well as applicable zoning designation and regulations. The project site has been previously graded and has no value as a habitat for endangered, rare, or threatened species. Project approval would not result in the possibility of significant cumulative impacts upon the environment. The site is adequately served by all required utilities and public services. Furthermore, none of the exceptions to the use of the Class 5 categorical exemption identified in State CEQA Guidelines Section 15300.2 apply. The Project is not located in a particularly sensitive environment and will not impact an environmental resource of hazardous or critical concern. It is situated adjacent to an existing single-family residence, and no physical improvements are required. The Project will not result in a cumulative impact from successive Projects of the same type in the same place over time. There are no unusual circumstances surrounding the Project that result in a reasonably possibility of a significant effect on the environment. The Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The Project does not include any hazardous waste sites, and the Project will not cause a substantial adverse change in the significance of a historical resource. Thus, the Class 5 exemption applies, and no further environmental review is required. Findings of Approval: Findings for the Planning Commission recommendation for approval to the City Council are included in the attached resolution. REVIEWED BY: Deputy Director of Development Services: Rosie Lua Director of Development Services: Richard D. Cannone, AICP ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2823 2. Public Hearing Notice 3. CEQA Notice of Exemption 4. Project Exhibit – Plat and Legal Description PLANNING COMMISSION RESOLUTION NO. 2823 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND RECOMMENDATION TO THE PALM DESERT CITY COUNCIL FOR APPROVAL OF A SUMMARY VACATION OF AN EXCESS PORTION OF RIGHT OF WAY LOCATED AT THE NORTHERLY TERMINUS OF SANTA MARGARITA AVENUE WHEREAS, MSA Consulting, Inc., on behalf of Heartbeat at 22 (“Applicant), has requested to vacate a 1,056-square-foot portion of the public right-of-way adjacent to their project located at 44525 Santa Margarita Ave (“Excess ROW”); and WHEREAS, the Planning Commission may recommend that the City Council may vacate all or part of a street, highway, or public service easement pursuant to the Public Streets, Highways, and Service Easements Vacation Law (California Streets & Highways Code, § 8300 et seq.); and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of November 2022, hold a duly noticed public hearing to consider the request for approval of the above-noted Project request; 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, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. General Plan. The Excess ROW satisfies the criteria for summary vacation pursuant to Sections 8331, 8333, 8344, and 8334.5 of the California Streets and Highways Code and finds that it does not serve as a public benefit. The Planning Commission finds that the summary vacation of the Excess ROW is in conformance with the City’s General Plan because the Excess ROW does not serve a public benefit and is appropriate for summary vacation because the Excess ROW (1) has not been paved and has not been used for the past five (5) consecutive years for vehicular travel, and no public funds have been used for its maintenance; (2) has been determined to be excess by the City, and there are no other public facilities located within it; (3) is not required for street or highway purposes; and (4) does not contain public utility facilities that are in use or would be affected by the vacation. PLANNING COMMISSION RESOLUTION NO. 2823 2 The summary vacation of the Excess ROW is consistent with the General Plan Land Circulation. SECTION 3. Streets and Highway Code. WHEREAS, the Excess ROW satisfies the criteria for summary vacation pursuant to Sections 8331, 8333, 8344, and 8334.5 of the California Streets and Highways Code the Excess ROW (1) has not been paved and has not been used for the past five (5) consecutive years for vehicular travel, and no public money has been used for its maintenance; (2) has been determined to be excess by the City, and there are no other public facilities located within it; (3) is not required for street or highway purposes; and (4) does not contain public utility facilities that are in use or would be affected by the vacation; and SECTION 4. CEQA Findings. Based upon its review of the record, Planning Commission hereby finds and determines that the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, and the Planning Commission has concluded that the Project will not have a significant impact on the environment and that the Project is categorically exempt under Article 19, Section 15303 New Construction or Conversion of Small Structures (Class 3) of the State CEQA Guidelines. The project is for the vacation of a 1,056-square-foot excess unutilized portion of public right-of-way and is consistent with the General Plan circulation designation and applicable General Plan policies, as well as applicable zoning designation and regulations. The project site has been previously graded and has no value as a habitat for endangered, rare, or threatened species. Project approval would not result in the possibility of significant cumulative impacts upon the environment. The site is adequately served by all required utilities and public services. Furthermore, none of the exceptions to the use of the Class 5 categorical exemption identified in State CEQA Guidelines Section 15300.2 apply. The Project is not located in a particularly sensitive environment and will not impact an environmental resource of hazardous or critical concern. It is situated adjacent to an existing single-family residence, and no physical improvements are required. The Project will not result in a cumulative impact from successive Projects of the same type in the same place, over time. There are no unusual circumstances surrounding the Project that result in a reasonably possibility of a significant effect on the environment. The Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The Project does not include any hazardous waste sites, and the Project will not cause a substantial adverse change in the significance of a historical resource. Thus, the Class 5 exemption applies, and no further environmental review is required. SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings. PLANNING COMMISSION RESOLUTION NO. 2823 3 ADOPTED ON November 15, 2022. NANCY DE LUNA CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2823 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on November 15, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on November ____, 2022. RICHARD D. CANNONE, AICP SECRETARY G:\Planning\Case Files\PP\PP 21-0010 Heartbeat at 22\Street vacation\1. PP 21-0010 -RW - Public Hearing Notice (11.1.22).docx CITY OF PALM DESERT PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE PLANNING COMMISSION OF THE CITY PALM DESERT, CALIFORNIA, TO CONSIDER A REQUEST BY HEARTBEAT AT 22 FOR A RECOMMENDATION TO THE CITY COUNCIL FOR THE ADOPTION OF A NOTICE OF EXEMPTION AND APPROVAL OF A SUMMARY VACATION OF AN UNUSED PORTION OF PUBLIC RIGHT-OF-WAY ON SANTA MARGARITA AVENUE TO THE PROPERTY LOCATED AT 44525 SANTA MARGARITA AVENUE The City of Palm Desert (City), in its capacity as the Lead Agency for this project pursuant to the California Environmental Quality Act (“CEQA”), finds that the project is categorically exempt pursuant to CEQA Guidelines Section 15305 Minor Alterations in Land Use Limitations (Class 5); therefore, no further environmental review is necessary, and that a Notice of Exemption can be adopted as part of this project. Project Location/Description: Project Location: 44525 Santa Margarita Avenue (APN 625-071-012) Project Description: The proposal is a request to vacate a portion of an existing, unused public right-of-way totaling 1,056 square feet to the adjoining properties located at 44525 Santa Margarita and 44520 Santa Margarita. Recommendation: Staff is recommending that the Planning Commission adopt a resolution recommending approval of the project to the City Council. Public Hearing: NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Desert, California, will hold a Public Hearing at its meeting on November 15, 2022. The Planning Commission meeting begins at 6:00 p.m. in the Council Chamber located at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.cityofpalmdesert.org/our-city/committees-and- commissions/planning-commission-information-center. There will be in-person access to the meeting location. Comment Period: The public comment period for this project is from November 4, 2022, to November 15, 2022. Public Review: The plans and related documents are available for public review Monday through Thursday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Nick Melloni. Please submit written comments to the Planning Division. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the Planning Commission hearing. All comments and any questions should be directed to: Nick Melloni, Senior Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Extension 479 nmelloni@cityofpalmdesert.org PUBLISH: DESERT SUN RICHARD CANNONE, AICP, SECRETARY NOVEMBER 4, 2022 PALM DESERT PLANNING COMMISSION Notice of Exemption FORM “B” NOTICE OF EXEMPTION TO: Office of Planning and Research P. O. Box 3044, Room 113 Sacramento, CA 95812-3044 FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Clerk of the Board of Supervisors or County Clerk County of: Riverside 2724 Gateway Dr, Riverside, CA 92507 1. Project Title: Santa Margarita Avenue Summary Vacation 2. Project Applicant: MSA Consulting, Inc. 3. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): Santa Margarita Avenue, approximately 750 feet north of De Anza Way and the City of Palm Desert. 44520 Santa Margarita Avenue. 4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside 5. Description of nature, purpose, and beneficiaries of Project: The Applicant, MSA Consulting, Inc, on behalf of Heartbeat at 22, requests approval to vacate a 1,056- square-foot portion of unutilized, excess public right- of-way at the northernmost cul-de-sac of Santa Margarita Avenue. The proposed right-of-way vacation is located adjacent to west of 44525 Santa Margarita Avenue and east of 44520 Santa Margarita Avenue. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: MSA Consulting Inc. 8. Exempt status: (check one) (a) Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (b) Not a project. (c) Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) Categorical Exemption. State type and section number: Class 5 “Minor Alterations in Land Use Limitations”; State CEQA Guidelines §15303 (e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) Statutory Exemption. State Code section number: Notice of Exemption FORM “B” (g) Other. Explanation: General Rule – Section 15061(b)(3) 9. Reason why project was exempt: The project is exempt from environmental review pursuant to Section 15305 Minor Alterations in Land Use Limitations (Class 5) of the State CEQA Guidelines. The project is for the vacation of a 1,056-square-foot excess unutilized portion of public right-of-way and is consistent with the General Plan circulation designation and applicable General Plan policies, as well as applicable zoning designation and regulations. The project site has been previously graded and has no value as a habitat for endangered, rare, or threatened species. Project approval would not result in the possibility of significant cumulative impacts upon the environment. The site is adequately served by all required utilities and public services. Furthermore, none of the exceptions to the use of the Class 5 categorical exemption identified in State CEQA Guidelines Section 15300.2 apply. The Project is not located in a particularly sensitive environment and will not impact an environmental resource of hazardous or critical concern. It is situated adjacent to an existing single-family residence, and no physical improvements are required. The Project will not result in a cumulative impact from successive Projects of the same type in the same place over time. There are no unusual circumstances surrounding the Project that result in a reasonably possibility of a significant effect on the environment. The Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The Project does not include any hazardous waste sites, and the Project will not cause a substantial adverse change in the significance of a historical resource. Thus, the Class 5 exemption applies, and no further environmental review is required. 10. Lead Agency Contact Person: Nick Melloni, Senior Planner Telephone: (760) 776-6479 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project?  Yes  No 13. Was a public hearing held by the lead agency to consider the exemption?  Yes  No If yes, the date of the public hearing was: 11/1/2022 Notice of Exemption FORM “B” Signature:__________________________________ Date:_______________ Title:__________________________  Signed by Lead Agency  Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: November 15, 2022 PREPARED BY: Nick Melloni, Senior Planner REQUEST: CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND RECOMMENDATION OF APPROVAL TO THE PALM DESERT CITY COUNCIL OF A SUMMARY VACATION FOR A PORTION OF THE RESTRICTED ACCESS EASEMENT LYING WITHIN PARCELS 6 AND 7 OF PARCEL MAP 36792 LOCATED NORTH OF GERALD FORD DRIVE, APPROXIMATELY 750 FEET WEST OF TECHNOLOGY DRIVE RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution No. 2824: 1. Conduct the public hearing and receive public testimony. 2. Adopting a Notice of Exemption in accordance with CEQA. 3. Recommending that the City Council approve a summary vacation for a restricted access easement lying within Parcels 6 and 7 of Parcel Map 36792. EXECUTIVE SUMMARY: The Applicant, MDS Consulting, on behalf of Apogee Professional Services, requests approval to vacate a portion of an access rights restriction located between Parcels 6 and Parcel 7 of Parcel Map No. 36792. This access restriction is specified under the owner’s statement of the recorded Parcel Map No. 36792. The access restriction is requested in order to create a shared access drive on Gerald Ford Drive for the approved Millennium Apartments located on Parcel 7 and the future commercial development on Parcel 6. City staff concluded that the vacation of access rights is consistent with the applicable Millennium Palm Desert Specific Plan (MPDSP), which identifies the area to be vacated as a shared access drive for Planning Areas 6 and 7 and conforms with the requirements of the California Streets and Highways Code, Division 9, Part 3, Chapter 4, Sections 8330 through 8336 for a “summary vacation.” BACKGROUND/ANALYSIS: A. Property Description: The access rights restriction is located along the southerly boundary of Parcels 6 and 7 of Parcel Map No. 36792. This easement restricts vehicular access points for the property frontages along Gerald Ford Drive as specified on the owner’s statement of the recorded Parcel Map. On March 26, 2015, the City Council adopted Ordinance No. 1281 approving the MPDSP and Development Agreement (DA) 14-332. The MPDSP establishes zoning designations, design standards, procedures, and roadway configurations for a 152±acre area generally located on the north side of Gerald Ford Drive, east of Technology Drive, west of Portola Avenue, and south of the Union Pacific Railroad. The MPDSP identifies allowable locations City of Palm Desert Case No. PM 36792 Restricted Access Easement Vacation Page 2 of 4 for project entries and shared access points for Parcel 6/Planning Area (PA) 6 and Parcel 7/PA7 on Exhibit 10 of the document. On March 15, 2022, the Palm Desert Planning Commission approved Planning Commission Resolution No. 2809 approving Precise Plan (PP) 21-0009 for a 330-unit apartment development on PA 7. This approval showed a shared access point at the southeastern portion of the site, consistent with the approved MPDSP. The project approval included a condition that the applicant must vacate that portion of the access restriction easement in order to facilitate the development of the access drive. Project Analysis: The project will vacate an 80-foot-long segment of the existing access rights restriction along Gerald Ford Drive to facilitate the development of a shared access drive for Parcels 6 and 7 of Parcel Map No. 36792. The proposed location and design are consistent with prior approvals for the Millennium Palm Desert Specific Plan and the precise plan for the Millennium Apartments. The summary vacation must conform to the City’s General Plan and pursuant to the California Streets and Highways Code, Division 9, Part 3, Chapter 4, Sections 8330 through 8336 for a “summary vacation” to vacate the excess right-of-way based on the following: • The area has not been paved and has not been used for the past five (5) consecutive years for vehicular travel, and no public money has been used for its maintenance. The area is located entirely on private property and has not been used for vehicular travel for the past five (5) consecutive years. No public funds have been used for the maintenance of the area to be vacated. • The area has been determined to be excess by the City, and there are no other public facilities located within it. The area has been deemed excessive, as there is no need to restrict access at the area of the site in question. There are no public facilities or utilities within the area to be vacated. • The area is not required for street or highway purposes. The General Plan identifies the segment of Gerald Ford Drive adjacent to the vacated area as a Balanced Arterial. Gerald Ford Drive is currently built to the maximum envision width. There are no plans to expand the roadway beyond its existing condition, and therefore the area is not required for street or highway purposes. • The area does not contain public utility facilities that are in use or would be affected by the vacation. There are no existing public utility facilities within the vacation area. Staff finds that the summary vacation of the access rights restriction is consistent with the MPDSP, General Plan, and existing improvements for Gerald Ford Drive. City of Palm Desert Case No. PM 36792 Restricted Access Easement Vacation Page 3 of 4 In addition, the acting City Engineer and City Surveyor have concluded that the vacation meets the California Streets and Highways Code, Division 9, Part 3, Chapter 4, Sections 8330 through 8336 criteria referenced above. The area is currently vacant, unpaved, and has not been used for the past five consecutive years for vehicular travel. No public funds have been used for its maintenance, and there are no other public facilities located within it. The area is not deemed or required for street or highway purposes and does not contain public utility facilities that are in use or would be affected by the summary vacation. Public Input: Public noticing was conducted for the November 15, 2022, Planning Commission meeting pursuant to Palm Desert Municipal Code (PDMC) Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice was published a minimum of 10 days prior to the hearing date on Friday, November 4, 2022, in The Desert Sun newspaper. Notices were mailed to all property owners within 300 feet of the project site for a total of 29 public hearing notices mailed. No comments have been received. Environment Review: Based upon its review of the record, the Planning Commission hereby finds and determines that the project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, and the Planning Commission has concluded that the project will not have a significant impact on the environment and that the project is categorically exempt under Article 19, Section 15305 Minor Alterations in Land Use Limitations (Class 5) of the State CEQA Guidelines. The project is for the vacation of an access rights easement and is consistent with the General Plan circulation designation and applicable General Plan policies, as well as applicable Millennium Palm Desert Specific Plan and regulations. The project site has been previously graded and has no value as a habitat for endangered, rare, or threatened species. Project approval would not result in the possibility of significant cumulative impacts upon the environment. The site is adequately served by all required utilities and public services. Furthermore, none of the exceptions to the use of the Class 5 categorical exemption identified in State CEQA Guidelines Section 15300.2 apply. The project is not located in a particularly sensitive environment and will not impact an environmental resource of hazardous or critical concern. It is situated adjacent to an approved multifamily development. The project will not result in a cumulative impact from successive projects of the same type in the same place over time. There are no unusual circumstances surrounding the project that result in a reasonably possibility of a significant effect on the environment. The project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The project does not include any hazardous waste sites, and the project will not cause a substantial adverse change in the significance of a historical resource. Thus, the Class 5 exemption applies, and no further environmental review is required. Findings of Approval: Findings for the Planning Commission recommendation for approval to the City Council are included in the attached resolution. City of Palm Desert Case No. PM 36792 Restricted Access Easement Vacation Page 4 of 4 REVIEWED BY: Deputy Director of Development Services: Rosie Lua Director of Development Services: Richard D. Cannone, AICP ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2824 2. Public Hearing Notice 3. CEQA Notice of Exemption 4. Project Exhibit – Plat and Legal Description PLANNING COMMISSION RESOLUTION NO. 2824 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND RECOMMENDATION TO THE PALM DESERT CITY COUNCIL OF A SUMMARY VACATION FOR A PORTION OF THE RESTRICTED ACCESS EASEMENT LYING WITHIN PARCELS 6 AND 7 OF PARCEL MAP 36792 LOCATED NORTH OF GERALD FORD DRIVE, APPROXIMATELY 750 FEET WEST OF TECHNOLOGY DRIVE WHEREAS, the City Council did, on the 26th day of March 2015, adopted Ordinance 1281 approving the Millennium Palm Desert Specific Plan, Development Agreement 14-332, and adopting a Mitigated Negative Declaration for the project site; and WHEREAS, the Riverside County Assessor Clerk Recorder’s office did, on the 16th day of July 2015, record Parcel Map No. 36792 per Instrument Number 2015-0312202; and WHEREAS, said Parcel Map No. 36792 provides under the owner’s statement that an access rights restriction is in place for parcels that front on Gerald Ford Drive, including Parcels 6 and 7 of the map (“Parcels”); and WHEREAS, the Planning Commission did, on the 15th day of March 2022, adopt Planning Commission Resolution No. 2809 approving the Millennium Apartments Development on Planning Area 7 of the Millennium Palm Desert Specific Plan; and WHEREAS, the Planning Commission may recommend that the City Council vacate all or part of a street, highway, or public service easement pursuant to the Public Streets, Highways, and Service Easements Vacation Law (California Streets & Highways Code, § 8300 et seq.); and WHEREAS, the summary vacation proceedings are to be conducted pursuant to the provisions in sections 8330 through 8336, Chapter 4 of Part 3, Division 9, entitled “Summary Vacation” of the California Streets and Highways Code; and WHEREAS, the Planning Commission finds that the Excess ROW does not serve a public benefit; and WHEREAS, the Excess ROW satisfies the criteria for summary vacation pursuant to Sections 8331, 8333, 8344, and 8334.5 of the California Streets and Highways Code the Excess ROW (1) has not been paved and has not been used for the past five (5) consecutive years for vehicular travel, and no public money has been used for its maintenance; (2) has been determined to be excess by the City and there are no other public facilities located within it; (3) is not required for street or highway purposes; and (4) does not contain public utility facilities that are in use or would be affected by the vacation; and WHEREAS, pursuant to Government Code section 65402(a), the Planning Commission of the City of Palm Desert must review the proposed vacation of the Excess ROW is consistent with the City’s General Plan and conforms with the Palm Desert General Plan; and PLANNING COMMISSION RESOLUTION NO. 2824 2 WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of November 2022, hold a duly noticed public hearing to consider the request for approval of the above-noted Project request; 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, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. General Plan Conformity. The Planning Commission finds that the summary vacation of the Excess ROW is in conformance with the City’s General Plan because the Excess ROW does not serve a public benefit and is appropriate for summary vacation because the Excess ROW (1) has not been paved and has not been used for the past five (5) consecutive years for vehicular travel, and no public money has been used for its maintenance; (2) has been determined to be excess by the City and there are no other public facilities located within it; (3) is not required for street or highway purposes; and (4) does not contain public utility facilities that are in use or would be affected by the vacation. The summary vacation of the Excess ROW is consistent with the General Plan Land Circulation. SECTION 3. California Streets and Highways Code. The Excess ROW (1) has not been paved, has not been used for the past five (5) consecutive years for vehicular travel, and no public money has been used for its maintenance; (2) has been determined to be excess by the City and there are no other public facilities located within it; (3) is not required for street or highway purposes; and (4) does not contain public utility facilities that are in use or would be affected by the vacation; and SECTION 4. CEQA Findings. Based upon its review of the record Planning Commission hereby finds and determines that the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41 and the Planning Commission has concluded that the Project will not have a significant impact on the environment and that the Project is categorically exempt under Article 19, Section 15303 New Construction or Conversion of Small Structures (Class 3) of the State CEQA Guidelines. The project is for the vacation of an access rights easement and is consistent with the General Plan circulation designation and applicable General Plan policies, as well as applicable Millennium Palm Desert Specific Plan and regulations. The project site has been previously graded and has no value as a habitat for endangered, rare, or threatened species. Project approval would not result in the possibility of significant cumulative impacts upon the environment. The site is adequately served by all required utilities and public services. PLANNING COMMISSION RESOLUTION NO. 2824 3 Furthermore, none of the exceptions to the use of the Class 5 categorical exemption identified in State CEQA Guidelines Section 15300.2 apply. The Project is not located in a particularly sensitive environment and will not impact an environmental resource of hazardous or critical concern. It is situated adjacent to an approved multifamily development. The Project will not result in a cumulative impact from successive Projects of the same type in the same place over time. There are no unusual circumstances surrounding the Project that result in a reasonably possibility of a significant effect on the environment. The Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The Project does not include any hazardous waste sites, and the Project will not cause a substantial adverse change in the significance of a historical resource. Thus, the Class 5 exemption applies, and no further environmental review is required. SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings. ADOPTED ON November 15, 2022. NANCY DE LUNA CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2823 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on November 15, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on November ____, 2022. RICHARD D. CANNONE, AICP SECRETARY G:\Planning\Case Files\PP\PP 21-0009 - Millennium Apartments\Access Vacation\1. PP 21-0009 -RW - Public Hearing Notice (11.1.22).docx CITY OF PALM DESERT PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE PLANNING COMMISSION OF THE CITY PALM DESERT, CALIFORNIA, TO CONSIDER A REQUEST BY APOGEE PROFESSIONAL SERVICES FOR A RECOMMENDATION TO THE CITY COUNCIL FOR THE ADOPTION OF A NOTICE OF EXEMPTION AND APPROVAL OF A SUMMARY VACATION AND QUIT CLAIM OF A RESTRICTED ACCESS EASEMENT LYING WITHIN PARCELS 6 AND 7 OF PARCEL MAP 36792 LOCATED NORTH OF GERALD FORD DRIVE, APPROXIMATELY 750 FEET WEST OF TECHNOLOGY DRIVE The City of Palm Desert (City), in its capacity as the Lead Agency for this project pursuant to the California Environmental Quality Act (“CEQA”), finds that the project is categorically exempt pursuant to CEQA Guidelines Section 15305 Minor Alterations in Land Use Limitations (Class 5); therefore, no further environmental review is necessary, and that a Notice of Exemption can be adopted as part of this project. Project Location/Description: Project Location: Parcel 6 (APN 694-190-093) and Parcel 7 (694-490-087) of Parcel Map 36792 Project Description: The proposal is a request for a summary vacation and quitclaim of a restricted access easement lying within Parcels 6 and 7 of PM 36792. This action is to accommodate a shared access drive along Gerald Ford Drive for the two parcels for an approved apartment development (Parcel 7) and future commercial development (Parcel 6). Recommendation: Staff is recommending that the Planning Commission adopt a resolution recommending approval of the project to the City Council. Public Hearing: NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Desert, California, will hold a Public Hearing at its meeting on November 15, 2022. The Planning Commission meeting begins at 6:00 p.m. in the Council Chamber located at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.cityofpalmdesert.org/our-city/committees-and- commissions/planning-commission-information-center. There will be in-person access to the meeting location. Comment Period: The public comment period for this project is from November 4, 2022, to November 15, 2022. Public Review: The plans and related documents are available for public review Monday through Thursday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Nick Melloni. Please submit written comments to the Planning Division. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the Planning Commission hearing. All comments and any questions should be directed to: Nick Melloni, Senior Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Extension 479 nmelloni@cityofpalmdesert.org PUBLISH: DESERT SUN RICHARD CANNONE, SECRETARY NOVEMBER 4, 2022 PALM DESERT PLANNING COMMISSION Notice of Exemption FORM “B” NOTICE OF EXEMPTION TO: Office of Planning and Research P. O. Box 3044, Room 113 Sacramento, CA 95812-3044 FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Clerk of the Board of Supervisors or County Clerk County of: Riverside 2724 Gateway Dr, Riverside, CA 92507 1. Project Title: Summary Vacation – PM 36792 Lots 6 and 7 2. Project Applicant: MDS Consulting 3. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): Parcel 6 and Parcel 7 of Parcel Map 36792 4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside 5. Description of nature, purpose, and beneficiaries of Project: The Applicant, MDS Consulting, on behalf of Apogee Professional Services, requests approval to vacate a portion of an access rights restriction located between Parcels 6 and Parcel 7 of Parcel Map No. 36792. This access restriction is specified under the owner’s statement of the recorded Parcel Map No. 36792. The access restriction is requested in order to create a shared access drive on Gerald Ford Drive for the approved Millennium Apartments located on Parcel 7, and the future commercial development on Parcel 6. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: MDS Consulting 8. Exempt status: (check one) (a) Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (b) Not a project. (c) Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) Categorical Exemption. State type and section number: Class 5 “Minor Alterations in Land Use Limitations”; State CEQA Guidelines §15303 (e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) Notice of Exemption FORM “B” (f) Statutory Exemption. State Code section number: (g) Other. Explanation: General Rule – Section 15061(b)(3) 9. Reason why project was exempt: Based upon its review of the record Planning Commission hereby finds and determines that the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41 and the Planning Commission has concluded that the Project will not have a significant impact on the environment and that the Project is categorically exempt under Article 19, Section 15305 Minor Alterations in Land Use Limitations (Class 5) of the State CEQA Guidelines. The project is for the vacation of a access rights easement and is consistent with the General Plan circulation designation and applicable General Plan policies, as well as applicable Millennium Palm Desert Specific Plan and regulations. The project site has been previously graded and has no value as a habitat for endangered, rare, or threatened species. Project approval would not result in the possibility of significant cumulative impacts upon the environment. The site is adequately served by all required utilities and public services. Furthermore, none of the exceptions to the use of the Class 5 categorical exemption identified in State CEQA Guidelines Section 15300.2 apply. The Project is not located in a particularly sensitive environment and will not impact an environmental resource of hazardous or critical concern. It is situated adjacent to an approved multifamily development. The Project will not result in a cumulative impact from successive Projects of the same type in the same place, over time. There are no unusual circumstances surrounding the Project that result in a reasonably possibility of a significant effect on the environment. The Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The Project does not include any hazardous waste sites, and the Project will not cause a substantial adverse change in the significance of a historical resource. Thus, the Class 5 exemption applies, and no further environmental review is required. 10. Lead Agency Contact Person: Nick Melloni, Senior Planner Telephone: (760) 776-6479 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project?  Yes  No 13. Was a public hearing held by the lead agency to consider the exemption?  Yes  No If yes, the date of the public hearing was: 11/1/2022 Signature:__________________________________ Date:_______________ Title:__________________________ Notice of Exemption FORM “B”  Signed by Lead Agency  Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. CITY OF PALM DESERT ATTENDANCE REPORT Advisory Body: Prepared By: Year Month Date 4-Jan 18-Jan 1-Feb 15-Feb 1-Mar 15-Mar 5-Apr 19-Apr 3-May 17-May 7-Jun 21-Jun 5-Jul 19-Jul 2-Aug 16-Aug 6-Sep 20-Sep 4-Oct 18-Oct 1-Nov 15-Nov 6-Dec 20-Dec DeLuna, Nancy -P P -P P -P P -P -P --P P --P P 0 0 Greenwood, John -P P -P P -A P -P -P --P P --P P 1 0 Gregory, Ron -P P -P P -A P -P -P --P P --P A 2 0 Holt, Lindsay -P P -P P -P P -P -P --P A --P P 1 0 Pradetto, Joseph -P A -P P -P P -A -P --P P --P P 2 0 Palm Desert Municipal Code 2.34.010: P Present A Absent E Excused -No meeting Twice Monthly: Six unexcused absences from regular meetings in any twelve-month period shall constitute an automatic resignation of members holding office on boards that meet twice monthly. Total Unexcused Absences Jan Feb Mar Apr May Jun Jul Aug Sep 2022 2022 2022 2022 2022 Total Absences Oct Nov Dec Planning Commission M. O'Reilly 2022 202220222022202220222022 SUPPLEMENTAL INFORMATION From:Nick Melloni To:Amanda Bright Cc:Monica O"Reilly Subject:RE: 44525 Santa Margarita Date:Tuesday, November 15, 2022 4:32:59 PM Hello Amanda, thank you for your email. I will provide this to the Planning Commission. For clarification, the grant of right-of-way will not result in changes to the existing cul-de-sac on Santa Margarita Avenue but is intended to correct an existing condition where there is excess right- of-way at the cul-de-sac. The project staff report and plans are provided at the link here: https://cityofpalmdesert.granicus.com/MetaViewer.php?view_id=3&clip_id=821&meta_id=106891 Here is a link to the zoom meeting if you would like to voice your concerns directly to the Commission: https://palmdesert.zoom.us/j/84739707419. Nick Melloni Senior Planner Ph: 760.346.0611 Direct: 760.776.6479 nmelloni@cityofpalmdesert.org From: Amanda Bright <brightamanda909@hotmail.com> Sent: Monday, November 7, 2022 7:22 PM To: Nick Melloni <nmelloni@cityofpalmdesert.org> Subject: 44525 Santa Margarita To: Nick Melloni and the City of Palm Desert Planning Commission As a resident of the neighborhood, I would like to voice my concern of the approval of the building of this project at 44525 Santa Margarita. The community is quiet and safe, developing this structure would undermine the walkability of the community. This development will bring large numbers of cars and traffic to our quiet little community. This development should not be granted the public right of way. Thank you, Amanda Bright Sent from Outlook