HomeMy WebLinkAboutRes No 2824PLANNING 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 16tn
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 Right-of-Way (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
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, 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 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.
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PLANNING COMMISSION RESOLUTION NO. 2824
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.
Joe Pl d0t (N v 2.2022 12.24 PST)
JOSEPH PRADETTO
VICE-CHAIR
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: GREGORY, GREENOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: DELUNA
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on November tit 2022.
RICHARD D. CANNONE, AICP
SECRETARY
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Res No 2824
Final Audit Report 2022-11-22
Created: 2022-11-18
By: Monica O'Reilly(moreilly@cityofpalmdesert.org)
Status: Signed
Transaction ID: CBJCHBCAABAAkjZAn1aJU6LDAluA8aSYrgjEfipOb5ZI
Res No 2824" History
Document created by Monica O'Reilly(moreilly@cityofpalmdesert.org)
2022-11-18-7:06:00 PM GMT
Document emailed to joseph.pradetto2@gmail.com for signature
2022-11-18-7:06:48 PM GMT
Email viewed by joseph.pradetto2@gmail.com
2022-11-18-7:28:16 PM GMT
ro Signer joseph.pradetto2@gmail.com entered name at signing as Joe Pradetto
2022-11-22-8:24:48 PM GMT
try Document e-signed by Joe Pradetto (joseph.pradetto2@gmail.com)
Signature Date:2022-11-22-8:24:50 PM GMT-Time Source:server
Agreement completed.
2022-11-22-8:24:50 PM GMT
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