HomeMy WebLinkAboutRes No 2846 PLANNING COMMISSION RESOLUTION NO. 2846
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO VESTING
TENTATIVE TRACT NO. 37506 FOR REVISIONS TO APPROVED BUILDING
PAD ELEVATIONS AND PARCEL LINE BOUNDARIES WTHIN PLANNING
AREA 2 OF THE UNIVERSITY PARK SUBDIVISION AND FINDING THE
PROJECT IS CONSISTENT WITH THE UNIVERSITY NEIGHBORHOOD
SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT
CASE NO. TTM23-0004/VTTM AMENDMENT NO. 3
WHEREAS, University Park Investors, LLC ("Applicant"), submitted applications for
an Environmental Assessment (EA) and Tentative Tract Map (TTM) to amend Vesting
Tentative Tract Map 37506 by adjusting parcel boundaries within the map and building pad
elevations; and
WHERAS, on November 10, 2016, the City Council adopted Resolution No. 2016-86,
which certified an Environmental Impact Report (EIR)for a comprehensive update to the Palm
Desert General Plan and the University Neighborhood Specific Plan (UNSP); and
WHEREAS, on November 20, 2018, the Planning Commission adopted Resolution
No. 2745, approving the Vesting Tentative Tract Map 37506 and University Park Master Plan
and adopting an addendum to the Palm Desert General Plan EIR; and
WHEREAS, the Project site has a land use designation of Town Center Neighborhood
in the Palm Desert General Plan adopted on November 10, 2016, and is within the UNSP;
and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the
State California Environmental Quality Act (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, pursuant to the requirements of the CEQA, the State Guidelines for
Implementation of CEQA (State CEQA Guidelines), and the City of Palm Desert CEQA
Implementation Requirements, the City of Palm Desert Development Services Department
has determined that the Project substantially conforms with the previously prepared EIR
Addendum approved for the Project as the amendment does not create additional lots or
modify the boundary of the approved subdivision and conforms with all applicable
requirements of the UNSP, and no further environmental review is necessary.
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17th day of October 2023, hold a duly noticed public hearing to consider the request by
the Applicant 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:
PLANNING COMMISSION RESOLUTION NO. 2846
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. Findings. In accordance with Palm Desert Municipal Code (PDMC)
Section 26.20.100 the following findings are required in approving a proposed subdivision:
1. That the density of the proposed subdivision is consistent with the applicable
General Plan and specific plans.
In 2017, the City Council adopted an update to the General Plan and concurrently
adopted the UNSP. Both plans identified approximately 400 acres of vacant land
bounded by Gerald Ford Drive to the north, Portola Avenue to the west, Cook
Street to the east, and Frank Sinatra to the south as a unique development
opportunity that can capitalize on synergies between a mixed housing
neighborhood with strong pedestrian and bicycle connectivity to California State
University San Bernardino Palm Desert (CSUSBPD). As proposed, the Project
provides eight (8) distinct housing product types, including alley-loaded homes,
apartments, attached townhomes, and detached single-family homes connected
by open space, sidewalks, and trails. The subdivision of the project areas proposes
tree-lined public streets, open spaces, pedestrian and bicycle connectivity, and
roadways designed for lower vehicle speeds and implements and fulfills the goals
of the UNSP.
The UNSP identified 2,618 dwelling units within the project area. The Project site,
representing nearly one-half (%) of the UNSP project boundary, is subdivided to
accommodate 1,069 dwelling units for a density of approximately six (6) dwelling
units per acre. The density of the Project is consistent with the General Plan and
UNSP designation for the Neighborhood Low designation, which allows four to
eight (4-8) dwelling units per acre (see Pages 4-18 of the UNSP).
The amendment to Vesting Tentative Tract Map 37506 (VTTM 37506) to adjust
building pad elevation heights and lot line adjustments does not create additional
lots; therefore, the density of the proposed subdivision remains consistent with the
applicable General Plan and the UNSP.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The amendment to adjust building pad elevation heights and lot line adjustments
to the VTTM 37506 were reviewed by all pertinent departments and agencies and
concluded that it does not change the design and improvements of the tract map,
which were previously reviewed by the Planning/Land Development Division, Fire
Department, and Public Works Department for consistency with the General Plan,
UNSP, and emergency services. Lot sizes, street and utility improvements,
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PLANNING COMMISSION RESOLUTION NO. 2846
circulation patterns, and drainage improvements meet all requirements of the
General Plan and the UNSP. All perimeter streets are in conformance with the
General Plan and modifications to the surrounding roadways that will improve
vehicle circulation in the vicinity.
3. That the site is physically suitable for this type of development.
The4 .4- r portion of the 174+-acre site is suitable for the proposed
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development. Environmental, cultural, traffic, and other special studies were
prepared for the UNSP, and an addendum to the EIR was prepared to address the
specifics of the Project. No environmental issues were identified that would
indicate that development in this area would be unsuitable. In addition, existing
residential and commercial developments in the vicinity have successfully
constructed similar types of development, and no obstacles to the development of
those surrounding subdivisions were experienced. The amendment to Vesting
Tentative Tract Map 37506 to adjust building pad elevation heights and lot line
adjustments remains consistent with the originally approved project; therefore, the
site continues to be physically suitable for the development.
4. That the site is physically suitable for the proposed density of development.
The Project site is surrounded by planned residential and commercial
developments to the south, east, west, and north. As proposed, the site layout and
distribution of residential densities at a rate of approximately six (6) dwelling units
per acre are consistent with surrounding development and the UNSP. The
amendment to VTTM 37506 to adjust building pad elevation heights and lot line
adjustments does not affect the original density of the project; therefore, the
density of the proposed subdivision remains physically suitable for the proposed
density of the development.
5. That the design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantial and unavoidable injury
to fish or wildlife or their habitat.
For purposes of the CEQA, an EIR was prepared and adopted by the City Council
as part of the General Plan Update and UNSP. In addition, an addendum to the EIR
has been prepared for the Project to address project-specific impacts that were not
previously addressed by the EIR. The addendum to the EIR did not identify any new
impacts created by the proposed Project. 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.
The amendment to VTTM 37506 to adjust building pad elevation heights and lot
line adjustments does not present a change that will impact the previously
analyzed environmental assessments for this Project.
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PLANNING COMMISSION RESOLUTION NO. 2846
6. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
The design and layout of the tract map are in compliance with all grading, drainage,
vehicle access, pedestrian, bicycle connectivity, and parking requirements. The
property will be developed in accordance with the Uniform California Building Code.
Grade changes and utility easements are accommodated by the buildings, street
layout, and open space provided throughout the Project site. Pedestrian access is
provided to adjoining land uses via sidewalks and other pedestrian walkways, and
the distributed open space contributes to a healthy community and neighborhood.
The amendment to VTTM 37506 to adjust building pad elevation heights and lot
line adjustments does not substantially affect the design of the subdivision or the
type of improvements that will cause a serious public health problem.
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 proposed Project will utilize and enhance existing drainage and utility
distribution easements located within the Project site. Improvements related to
drainage will be provided to ensure the Project area accommodates 100 percent
of the 100-year storm. The surrounding perimeter City streets are built out to the
General Plan designation, and the developer will make modifications to
surrounding streets to accommodate Project access. Pedestrian connections and
open space are provided throughout the Project area, and enhanced pedestrian
trails are provided within the Project site. The amendment to VTTM 37506 to adjust
building pad elevation heights and lot line adjustments does not conflict with
easements acquired by the public at large for access through or use of property
within the proposed subdivision.
SECTION 3. Project Approval. The Planning Commission hereby approves Case
No(s) TTM23-0004/VTTM 37506 Amendment No. 3, subject to the findings and Conditions
of Approval attached herein as Exhibit "A."
SECTION 4. 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.
SECTION 5. Execution of Resolution. The Chairperson of the Planning Commission
signs this Resolution, and the Secretary to the Commission shall attest and certify the
passage and adoption thereof.
SECTION 6. Recitals. The Planning Commission hereby finds that the foregoing
recitals are true and correct and are incorporated herein as substantive findings of this
Resolution.
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PLANNING COMMISSION RESOLUTION NO. 2846
ADOPTED ON October 17, 2023.
JoeP�" to;Oc!20..202111:10 PDT)
JOSEPH PRADETTO
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
I, Richard D. Cannone. AICP, Secretary of the City of Palm Desert, hereby certify that
Resolution No. 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 October 17, 2023, by the following
vote:
AYES: GREENWOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: GREGORY
ABSTAIN: NONE
RECUSED: DELUNA
IN WITNESS WHEREOF, I have hereunto5pt my hand and affixed the official seal of the City
of Palm Desert, California, on October; 2023.
RICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2846
EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. TTM23-00041VTTM 37506 Amendment No. 3
PLANNING DIVISION:
1. The development of the property shall conform substantially with exhibits on file with the
Development Services Department, except as modified by the following conditions. Any
variation from the approved plans must be reviewed and approved by the Planning
Division prior to the building permit issuance and may require review and approval by the
Planning Commission and/or City Council.
2. 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 the 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.
3. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein, which are in addition to the approved development standards
listed in the PDMC and state and federal statutes now in force, or which hereafter may be
in force.
4. All conditions of Planning Commission Resolution No. 2745 shall remain in effect, except
as modified by conditions herein.
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PLANNING COMMISSION RESOLUTION NO. 2846
LAND DEVELOPMENT DIVISION/PUBLIC WORKS DEPARTMENT:
5. The following plan is hereby referenced: Revised VTTM 37506 (University Park Area 2),
prepared by Michael Baker International and dated August 2023.
6. All conditions approved with Planning Case No. PP 18-0005 shall be valid and in effect
unless superseded by these conditions of approval.
7. Revisions shown on the referenced exhibit shall supersede the lot configuration and
building pad elevations contained on the approved VTTM 37506 (University Park Area 2)
for applicable lots.
8. It is assumed that the easements shown on the referenced exhibit are shown correctly
and include all the easements that encumber the subject property. A current preliminary
title report and vesting deed for the site shall be submitted during the technical plan
review.
9. The Applicant shall secure approval from all, if any, easement holders for all grading and
improvements which are proposed over the respective easement or provide evidence that
the easement has been relocated, quitclaimed, vacated, abandoned, easement holder
cannot be found, or is otherwise of no effect. Should such approvals or alternate actions
regarding the easements not be provided and approved by the City, the Applicant may be
required to amend or revise the proposed site configuration as may be necessary.
10.After recordation, a digital (pdf) copy of the recorded map shall be submitted to the City.
END OF CONDITIONS OF APPROVAL
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