HomeMy WebLinkAboutRes No 2823 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
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, 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
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.
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PLANNING COMMISSION RESOLUTION NO. 2823
ADOPTED ON November 15, 2022.
Nae(� DPiLgga
Nancy De una (Nov 18, 202210:51 PST)
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:
DE LUNA, GREENWOOD, HOLT, and PRADETTO
NOES:
NONE
ABSENT:
NONE
ABSTAIN:
NONE
RECUSED:
GREGORY
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on November LPL � 2022.
,:: � -, i �t5
RICHARD D. CANNONE, AICP
SECRETARY
3
Res No 2823
Final Audit Report
2022-11-18
Created: 2022-11-18
By: Monica O'Reilly (moreilly@cityofpalmdesert.org)
Status: Signed
Transaction ID: CBJCHBCAABAAFZCWD6gW9CLQxKluwgYsybLLv4D844bT
"Res No 2823" History
Document created by Monica O'Reilly (moreilly@cityofpalmdesert.org)
2022-11-18 - 6:46:18 PM GMT
Document emailed to nancyjdeluna@gmail.com for signature
2022-11-18 - 6:46:47 PM GMT
Email viewed by nancyjdeluna@gmail.com
2022-11-18 - 6:50:03 PM GMT
'rQ Signer nancyjdeluna@gmail.com entered name at signing as Nancy DeLuna
2022-11-18 - 6:51:09 PM GMT
C-�o Document e-signed by Nancy DeLuna (nancyjdeluna@gmail.com)
Signature Date: 2022-11-18 - 6:51:11 PM GMT - Time Source: server
O Agreement completed.
2022-11-18 - 6:51:11 PM GMT
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