HomeMy WebLinkAboutRes No 2835 PLANNING COMMISSION RESOLUTION NO. 2835
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FOR
TENTATIVE PARCEL MAP 37234 UNTIL SEPTEMBER 14, 2024
CASE NO. TPM 37234 Extension of Time No. 2
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day
of March 2020, adopt Resolution No. 2020-17, adopting a Mitigated Negative Declaration of
Environmental Impact pursuant to the California Environmental Quality Act (CEQA, and
approving the MCP Specific Plan and Tentative Parcel Map 37234 (TPM 37234) to subdivide
32 acres located at the southeast corner of Monterey Avenue and Dick Kelly Drive into four
(4) parcels; and
WHEREAS, the original resolution for the tentative map established a 24-month life
and was set to expire on March 24, 2022; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of April 2023 grant an 18-month time extension of time for TPM 37234 until
September 12, 2023; and
WHEREAS, a timely request was filed by Chambers Development, the authorized
representative for the property owner, MCL Palm Desert GST, for a one-year time extension
of TPM 37234; and
WHEREAS, the original findings and Conditions of Approval in the entirety for
Planning Case Nos. SP 16-342 and TPM 37234 as stated in City Resolution No. 2020-17
(Exhibit B) are still applicable to the project and incorporated herein by reference; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of July 2023, hold a duly noticed public hearing to consider the request by the
property owner for approval of the above-noted extension of time 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; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; and
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.
PLANNING COMMISSION RESOLUTION NO. 2835
SECTION 2. Project Approval. The Planning Commission approves a one-year time
extension for Planning Case No. TPM 37234 from September 12, 2023, to September 12,
2024, subject to the Conditions of Approval attached hereto as Exhibit A.
ADOPTED ON July 18, 2023
NamDerma
Nancy 25, 202311:04 PDT)
NANCY DE LUNA
CHAIRPERSON
ATTEST:
ICHARD D. CANNONE, AICP
SECRETARY
I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that
Resolution No. 2835 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 July 18, 2023, by the
following vote:
AYES:
DE LUNA, GREENWOOD, GREGORY, and PRADETTO
NOES:
NONE
ABSENT:
HOLT
ABSTAIN:
NONE
RECUSED:
NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on Julyz " , 2023.
RICHARD D. CANNONE, AICP
SECRETARY
K
PLANNING COMMISSION RESOLUTION NO. 2835
EXHIBIT A
CONDITIONS OF APPROVAL
CASE NOS. TPM 37234 EXTENSION OF TIME NO. 1
PLANNING DIVISION:
1. The Applicant agrees that in the event of any administrative, legal, or equitable action
instituted by a third party challenging the validity of any of the procedures leading to the
adoption of these Project Approvals for the Project, or the Project Approvals themselves,
the Developer and City each shall have the right, in their sole discretion, to elect whether
or not to defend such action. The Developer, at its sole expense, shall defend, indemnify,
and hold harmless the City (including its agents, officers, and employees) from any such
action, claim, or proceeding with counsel chosen by the City, subject to the Developer's
approval of counsel, which shall not be unreasonably denied, and at the Developer's sole
expense. If the City is aware of such an action or proceeding, it shall promptly notify the
Developer and cooperate in the defense. The Developer, upon such notification, shall
deposit with City sufficient funds in the judgment of the City Finance Director to cover the
expense of defending such action without any offset or claim against said deposit to
assure that the City expends no City funds. If both Parties elect to defend, the Parties
hereby agree to affirmatively cooperate in defending said action and to execute a joint
defense and confidentiality agreement in order to share and protect the information under
the joint defense privilege recognized under applicable law. As part of the cooperation in
defending an action, City and Developer shall coordinate their defense in order to make
the most efficient use of legal counsel and to share and protect information. The
Developer and City shall each have sole discretion to terminate its defense at any time.
The City shall not settle any third-party litigation of Project approvals without the
Developer's consent, which consent shall not be unreasonably withheld, conditioned, or
delayed unless the Developer materially breaches this indemnification requirement.
2. The Applicant shall comply with the Conditions of Approval of the previously approved
Planning Case No. TPM 37234, per City Council Resolution No. 2020-17, attached
hereto as Exhibit "B" in their entirety. The Conditions of Approval are still applicable and
valid and are incorporated herein by reference. The tentative map will expire on before
September 12, 2024.
END OF CONDITIONS OF APPROVAL
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PLANNING COMMISSION RESOLUTION NO. 2835
EXHIBIT B
CITY 01 P H I M OESERT
7 j-y 10 FREI)WAXING DRIVE
PALM Dii%ERT,CALIFORNIA 9226o-2578
TEL:760 346-o6i i
tnfofw cityofpal mdesert.org
April 14, 2020
MC Properties, LLC
270 North El Camino Real, Suite F397
Encinitas, Calffornia 92024
Dear Sir or Madam:
Subject: Request for Approval of a Specific Plan and Tentative Parcel Map
37234 to Subdivide 32+ Acres Into Four (4) Planning Areas East of
Monterey Avenue, South of Dick Kelly Drive, North of"A" Street,and
West of Gateway Drive; and Adoption of a Mitigated Negative
Declaration of Environmental Impact in Accordance With the
California Environmental Quality Act(CEQA) — Case Nos. SP 16-342
and TPM 37234 (Continued from the meetings of January 23 and
February 13,2020)
At its regular meeting of March 12, 2020, the Palm Desert City Council considered the subject
matter and took the following action:
Waived further reading and adopted Resolution No. 2020-17, approving a
Specific Plan document with an amendment that wherever it appears of 60 feet
to be 50 feet maximum height for Hotel and Mixed Use, including: 1) Planning
Area 4 shall require a minimum of 200 residential units per the Housing Element
and the Developer of Planning Area 4 may take advantage of the Housing
Overlay District, per Ordinance No. 1353, through a Precise Plan applications;
2)the Specific Plan shall not include any age-restricted housing.
Enclosed for your records is a fully executed copy of Resolution No. 2020-17. If you have any
questions or require additional information, please do not hesitate to contact our offices.
Sincerely,
I
RACH LLE D. KLASSEN, MMC
CITY CLERK
RDK/mgs
cc/enc: Kevin Swartz,Associate Planner
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PLANNING COMMISSION RESOLUTION NO. 2835
RESOLUTION NO.2020-17
A RESOLUTION OF THE CITY COUNCIL APPROVING A SPECIFIC PLAN
AND TENTATIVE PARCEL MAP 37234 TO SUBDIVIDE 32+ ACRES INTO
FOUR (4) PLANNING AREAS BOUNDED BY, EAST OF MONTEREY
AVENUE, SOUTH OF DICK KELLY DRIVE, NORTH OF A STREET AND
WEST OF GATEWAY DRIVE; AND ADOPTION OF A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT(CEQA)
CASE NOS: SP 16-342 AND TPM 37234
WHEREAS, the City Council of the City of Palm Desert, California, did on the 121'
day of March 2020, hold a duly noticed public hearing to consider the request by MC
Properties, LLC, for approval of the above-noted with staffs recommendations outlined in
the staff report; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 131"
day of February 2020, hold a duly noticed public hearing to consider the request by MC
Properties, LLC, and continued the item;and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 23rd
day of January 2020, hold a duly noticed public hearing to consider the request by MC
Properties, LLC, and continued the item;and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 1801 day of September 2018, hold a duly noticed public hearing to consider the request
by MC Properties, LLC, for approval of the above-noted with staffs recommendations
outlined in the staff report. The Planning Commission were undecided and did not adopt a
resolution for either approval or denial; and
WHEREAS, said applications have 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 project will not have a negative impact on the environment and that a Mitigated
Negative Declaration can be adopted; 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 City Council did find
the following facts and reasons to exist to justify the approval of said request:
1. The MCP Specific Plan, as proposed is consistent with the goals and policies of
the Palm Desert General Plan. The developer of Planning Area 4 may provide
additional affordable housing units per the Housing Overlay District (HOD)
Ordinance No. 1353 if they choose. The Specific Plan will also provide local
employment centers in close proximity to residential land uses, and increase the
City's sales tax base.
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PLANNING COMMISSION RESOLUTION NO. 2835
RESOLUTION NO.2020-17
2. The Specific Plan document has been prepared in accordance with State
Government Code Section 65450-65457, which sets standards for document
content and provides direction for adoption.The plan itself must be consistent with
the City's General Plan and must contain statements regarding the relationship of
the Specific Plan to the City's General Plan. Statements regarding consistency
are provided in the Specific Plan (pages 30-40). Staff supports the Specific Plan
document as a means of identifying desirable land uses and development
standards for this particular project. As proposed the Specific Plan establishes a
distinct project and provides a commitment of what will be built within the project
boundaries, commits development of the project to a unifying architectural theme,
and provides sufficient flexibility for changes to the project.
3. The MCP Specific Plan will provide land use compatibility within the boundaries
of the planning areas and with adjacent properties as the proposed uses and
development standards are similar to existing uses to the south, north,and east.
4. The MCP Specific Plan is suitable and appropriate for the property in that the
property has been designated for commercial, residential, and mixed-use, and
that development will comply with applicable City standards and standards
approved as part of the Specific Plan.
5. That the proposed Tentative Parcel Map is not detrimental to the public health,
safety or general welfare, or be materially injurious to the surrounding properties
or improvements in the City of Palm Desert.
6. The project under the Specific Plan complies with the goals and policies
contained in the City's General Plan that promote affordable housing, promote a
variety of neighborhoods, and promote a mix of housing choice for current and
future residents.
Findings for Approval:
1. That the density of the proposed subdivision is consistent with applicable general
and specific plans.
The current zoning designation for the properties are Planned District Commercial
(PC-2) and Planned Residential, 22 units per acre (PR-22), and HOD, and the
same zoning will remain in place. Final site design, building design, architecture,
and orientation are yet to be proposed, and the applicant will need to submit a
Precise Plan (PP) application for staff and Planning Commission review prior to
development. The Specific Plan identifies that future projects within Planning
Areas 3 and 4 could include a mix of housing densities inclusive of single-family
detached/attached homes and multi-family apartment/condominium units with
affordable housing components. General Plan Land Goal 3 Neighborhoods
proposes that "A variety of housing types, densities, designs and mix of uses and
services that support healthy and active lifestyles. Goal 3.1 Complete
Neighborhoods contain a diversity of housing types.
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PLANNING COMMISSION RESOLUTION NO. 2835
RESOLUTION NO.2020-17
The Specific Plan's mix of high-density residential and commercial development
will allow for the development of a non-motorized neighborhood environment, by
promoting close proximity between home and potential jobs and shopping
opportunities. These uses will be within walking distance of the residential
neighborhood. The location of the Specific Plan on Monterey Avenue also allows
residents to have easy access to transit, which currently operates on that roadway.
In addition, the project site's location allows for easy connections to proposed
parks and schools located easterly of the site. The design of the residential
component of the project will be governed by PP approvals, allowing the City to
implement the requirements of this policy through design consultation and the
conditions of approval.
The diverse range of housing types within the project area complies with this goal
and the mix of densities is consistent with the City General Plan.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The design and improvements of the parcels and parcel maps have been
reviewed by the Planning Department, Fire Department, and Public Works
Department for consistency with the General Plan and emergency services. All
existing perimeter streets and utility improvements, and circulation pattern are in
conformance with the General Plan and minor roadway dedication is needed to
complete existing streets. Internal project streets that serve the project and
Tentative Parcel Map 37234 will be reviewed under a Precise Plan (PP)
application for consistency and conformance with all City standards and are
consistent with the General Plan.
3. That the site is physically suitable for the type of development.
The 32+ acres contained in the MCP Specific Plan is suitable for the
development proposed. Environmental, cultural, and other special studies were
prepared for lands within the project area. No environmental issues were
identified that would indicate that the development in this area would be
unsuitable. In addition, existing commercial and residential developments have
successfully constructed similar types of development in the immediate vicinity.
No obstacles to the development of surrounding subdivisions were experienced
and, due to the proximity and similarity of the proposed development, it's
reasonable to conclude that the site is physically suitable for it. The property is
suitable for the proposed development as conditioned and mitigated as described
in the Mitigated Negative Declaration.
4. That the site is physically suitable for the proposed density of development.
As proposed, the land uses are consistent with surrounding development. The
Specific Plan proposes commercial, hotel, and mixed-use developments within
the western portion of the project area at heights and intensities similar to
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PLANNING COMMISSION RESOLUTION NO. 2835
RESOLUTION NO.2020-17
existing commercial and hotel uses in the vicinity. The Specific Plan also
proposes single-family detached/attached homes and multi-family
apartment/condominium units within the eastern portion of the project area,
which is consistent with surrounding land uses.
The proposed project densities are similar to existing multi-family residential
development within the northern sphere of the City. The location of the higher
density residential uses (Planning Areas 3 and 4) is well suited as they are in
close proximity to a future school and existing and future employment
opportunities. The infrastructure, soils, and terrain serving the development will
adequately support these densities.
5. That the design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and unavoidably
injury to fish or wildlife or their habitat.
For purposes of the California Environmental Quality Act (CEQA), a Mitigated
Negative Declaration of Environmental Impact has been prepared. The design of
the project will not cause substantial environmental damage or injure fish or wildlife
or their habitat since the surrounding area has been developed with similar
densities and limited wildlife is present at the site. Environmental studies
performed at the site did not identify any endangered or sensitive species. In
addition, the project will pay into the Coachella Valley Multi-Species Habitat
Conservation fund for the development of raw land.
6. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
The proposed land uses, when developed under a PP, will be in compliance with
all grading requirements and the properties will be developed in accordance with
the Uniform California Building Code. if any grade changes occur within the
Specific Plan, then they will be accommodated by the internal street layout and
open space provided throughout the subdivision. Pedestrian access will also be
provided to adjoining land uses and surrounding roadways, which decreases the
need for vehicular traffic between adjoining properties.
7. 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 design of the subdivision is in compliance. Surrounding perimeter City
streets are built-out to the General Plan Designation Pedestrian connections will
also be provided throughout the project area.
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PLANNING COMMISSION RESOLUTION NO. 2835
RESOLUTION NO.2020-17
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT,CALIFORNIA,AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
City Council in this case.
2. That the City Council does hereby recommend approval of SP 16-342 with staffs
recommendations and TPM 37234,subject to conditions.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 121' day of March 2020, by the
following vote, to wit:
AYES: HARNIK,JONATHAN, KELLY,WEBER,and NESTANDE
NOES: NONE
ABSENT: NONE 9
ABSTAIN: NONE '4
GINA NESTANDE, MAYOR
ATTEST:
RA L D. . LASSEN TY CLE K
CITY OF PALM DESERT,CALIFORNIA
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PLANNING COMMISSION RESOLUTION NO. 2835
RESOLUTION NO.2020-17
CONDITIONS OF APPROVAL
CASE NOS.SP 16-342 and TPM 37234
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development,as modified by the following conditions.
2. The applicant shall record Parcel Map 37234 within two (2) years of project approval
unless a time extension is granted;otherwise,said approval shall become null,void and
of no effect whatsoever.
3. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein to the approved Specific Plan, and state and federal statutes
now in force, or which hereafter may be in force.
4. Prior to issuance of a building permit for construction of any use or structure
contemplated by this approval, the applicant shall first obtain permits and/or clearance
from the following agencies:
Coachella Valley Water District(CVWD)
Public Works Department
Fire Department
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.
5. A cultural resources inventory shall be completed by a qualified archeologist prior to
any development activities within the project area.
6. Should human remains be discovered during the construction of the proposed project,
the project coordinator will be subject to either the state law regarding the discovery
and disturbance of human remains or the Tribal burial protocol. In either circumstance,
all destructive activity in the immediate vicinity shall halt and the County Coroner shall
be contacted pursuant to State Health and Safety Code 7050.5. If the remains are
determined to be of Native American origin, the Native American Heritage Commission
(NAHC) shall be contacted. The NAHC will make a determination of the Most Likely
Descendent (MLD). The City and Developer will work with the designated MLD to
determine the final disposition of the remains.
7. All sidewalk plans shall be reviewed and approved by the Department of Public Works.
8. Each Planning Area shall be subject to all applicable fees at the time of issuance of
building permits for improvements within that Planning Area.
9. The applicant shall provide a pedestrian connection between Planning Areas 1 and 2
and Planning Areas 3 and 4.
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PLANNING COMMISSION RESOLUTION NO. 2835
RESOLUTION NO. 2020-17
10. Prior to the development and construction of improvements within Planning Areas 1
thru 4, the property owner shall submit a PP application to the City's Community
Development Department. Precise Plan applications shall be submitted for the
development of a single Planning Area or multiple Planning Areas. The PP application
will require public hearings with the City's Planning Commission. All final landscape
plans will be submitted to the City's Community Development Department and the
CVWD for review and approval.
11. Planning Area 4 will be required to provide a minimum of 200 units per the Housing
Element. The developer may apply and utilize the Housing Overlay District per
Ordinance No. 1353.
12. The Specific Plan shall not include any age-restricted housing.
13. All Planning Areas shall develop in a manner consistent with the Development
Standards contained in the Specific Plan. All other development standards, not
addressed in the Specific Plan, shall comply with the Palm Desert Municipal Code
(PDMC).
14. The applicant shall pay into the City's Public Art Fee for Planning Area 1 or 2,
whichever is first to develop of the Specific Plan. It is recommended that this fee is
used for an onsite public art project within Planning Area 1 or 2. The remaining
Planning Areas shall pay into the City's Public Art Fee at the time a Building Permit is
issued for the development of said Planning Areas.
15. Lighting plans shall be submitted in accordance with POMC Section 24.16 for any
landscape,architectural, street, or other lighting types within the project area.
16. All mitigation measures identified in the Mitigated Negative Declaration shall be
incorporated into the planning, design, development, and operation of the project.
17. Final Fire and life safety conditions will be addressed when the developer submits a PP
application for each Planning Area by the Fire Prevention Bureau.
18. Final Building and Safety conditions will be addressed when the developer submits a
PP application for each Planning Area.
DEPARTMENT OF PUBLIC WORKS:
Prior to recordation of the Parcel Map:
19. The parcel map shall be submitted to the City Engineer for review and approval.
20. Right-of-way, as may be necessary for the construction of required public
improvements, shall be provided on the parcel map.
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PLANNING COMMISSION RESOLUTION NO. 2835
RESOLUTION NO.2020-17
21. Prior to City Council approval of Parcel Map 37234, 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
may include but are not limited to:
A. Twenty-five percent(25%)of a traffic signal installation at Monterey Avenue and
Street A or the pro-rata share of the signal based upon a traffic study. If the
traffic signal is constructed by the applicant for the City of Rancho Mirage then
the bond submitted to the City of Palm Desert shall be released by Council
action.
B. The relocation of power lines on Monterey Avenue to accommodate a future
deceleration lane.
C. The fair share cost, as determined by the City, for the future traffic signal
modification at Monterey Avenue and Dick Kelly Drive.
D. The removal and replacement of an eight-foot(8')sidewalk on Monterey Avenue
to accommodate a future deceleration lane.
E. The installation of a deceleration lane on Monterey Avenue.
22. Subsequent conditions will be applied at the time each parcel is developed and must be
consistent with and not additive to the Specific Plan.
23. The construction of a left turn lane on Monterey Avenue may be approved at the
discretion of the City Engineer for the City of Palm Desert and the City of Rancho
Mirage.
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Res. No. 2835 TPM 37234 Time Extension 2
Final Audit Report 2023-07-25
Created: 2023-07-25
By: Monica O'Reilly (moreilly@palmdesert.gov)
Status: Signed
Transaction ID: CBJCHBCAABAA6RM9Qg2j10YSfhlYIYEhVnBdn6by9zHA
"Res. No. 2835 TPM 37234 Time Extension 2" History
Document created by Monica O'Reilly (moreilly@palmdesert.gov)
2023-07-25 - 5:57:29 PM GMT
Document emailed to nancyjdeluna@gmail.com for signature
2023-07-25 - 5:57:49 PM GMT
Email viewed by nancyjdeluna@gmail.com
2023-07-25 - 6:03:08 PM GMT
r Signer nancyjdeluna@gmail.com entered name at signing as Nancy DeLuna
2023-07-25 - 6:04:04 PM GMT
r-�Q Document e-signed by Nancy DeLuna (nancyjdeluna@gmail.com)
Signature Date: 2023-07-25 - 6:04:06 PM GMT - Time Source: server
O Agreement completed.
2023-07-25 - 6:04:06 PM GMT
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