HomeMy WebLinkAboutRes No 2847PLANNING COMMISSION RESOLUTION NO. 2847
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A NOTICE OF EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
TENTATIVE PARCEL MAP 38491 TO SUBDIVIDE AN EXISTING PARCEL
INTO TWO PARCELS AND A LETTER LOT AT 49425 JFK TRAIL (APNS:
655-300-030 AND 655-300-031)
CASE NO. TPM/EA23-0001 (TPM 38491)
WHEREAS, Joanne Ross (“Applicant”), submitted applications for an Environmental
Assessment (EA) and Tentative Parcel Map (TPM) to subdivide an existing parcel and
retention lot into two (2) 0.46-acre parcels and a lettered lot for underground retention located
at 49425 JFK Trail; and
WHEREAS, the Project site has a land use designation of Golf Course and Resort
Neighborhood in the General Plan adopted on November 10, 2016, and zoning designation
of Residential Single-Family; 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 will not have a significant impact on the environment and that
the Project is categorically exempt under Article 19, Section 15315 Minor Land Divisions
(Class 15) of the CEQA Guidelines. The Project consists of the division of property in an
urbanized area zoned for residential into three (3) parcels and is in conformance with the
General Plan and zoning designation. The Project does not require a variance or any
exception, all services and access to the proposed parcels to local standards are available,
the parcel was not involved in a division of a larger parcel within the previous two (2) years,
and the parcel does not have any average slope greater than 20 percent; therefore, no further
environmental review is necessary; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 5th day of December 2023, hold a duly noticed public hearing to consider the request by
the Applicant for TPM 38491 and continued the project to the Planning Commission meeting
of February 6, 2024; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 6th day of February 2024, hold a duly noticed public hearing in compliance with noticing
requirements from Section 54955 from Chapter 9 of the California Government Code to
consider the request by the Applicant for TPM 38491; 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
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PLANNING COMMISSION RESOLUTION NO. 2847
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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.
SECTION 2. CEQA Determination. The application has complied with the
requirements of the “City of Palm Desert Procedure for Implementation of CEQA” Resolution
No. 2019-41, in that the Planning Commission finds that the Project is exempt from CEQA
per Article 19, Section 15315 Minor Land Use Divisions (Class 15) of the State CEQA
Guidelines. The Project consists of the division of property in an urbanized area zoned for
residential into three (3) parcels and is in conformance with the General Plan and zoning
designation. The Project does not require a variance or any exception, all services and access
to the proposed parcels to local standards are available, the parcel was not involved in a
division of a larger parcel within the previous two (2) years, and the parcel does not have any
average slope greater than 20 percent.
SECTION 3. Findings on Tentative Map. Under PDMC Section 26.20.100(C), the
findings for the tentative map are the following:
1. That the density of the proposed subdivision is consistent with applicable general
and specific plans.
The map has been found to be consistent with the density, lot development
standards, and land uses of the General Plan Land Use Designation for Golf
Course and Resort Neighborhood. The TPM creates two (2) parcels and a lettered
lot for retention purposes. The number of lots is consistent with the allowable
density for the land use designation and complies with the minimum requirements
for lot sizes and dimensions established by the land use and zoning designation.
No Specific Plan is applicable to this Project.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The design and improvement of the subdivision is consistent with the applicable
general plan requirements for lot standards, the circulation, and distribution of land
uses. The subdivision creates two (2) parcels greater than 20,000 square feet in
size, with street and utility improvements, to allow for the development of
residential-related uses. The design and improvement of the subdivision meets the
standards of the general plan for subdivisions, including providing vehicular access
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to the new parcels, being designed for proper drainage, constructing utility
infrastructure, and being of reasonable size for future development.
3. That the site is physically suitable for the type of development.
The site is physically suitable for development. The site, as conditioned and
improved, will establish two 0.46-acre parcels for future development and is
suitable for such development, including construction of access to JFK Trail,
drainage improvements, and utility connections. The site is suitable for those land
uses as described in the Golf Course and Resort Neighborhood General Plan land
use designation and in the Residential Single-Family zoning designation.
4. That the site is physically suitable for the proposed density of development.
The site is physically suitable for the density of development. The allowable density
for the site has been evaluated by the General Plan. The Applicant has prepared
the appropriate information to assess that the site is physically suitable to develop.
5. That the design of the subdivision or the improvements are not likely to cause
substantial environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat.
City staff has reviewed the Project and determined that the design of the
subdivision or the improvements are not likely to cause substantial environmental
damage or substantially and unavoidably injure fish or wildlife or their habitat. City
staff has reviewed the Project in accordance with CEQA and determined that the
Project is exempt from environmental review pursuant to Article 19, Section 15315
Minor Land Divisions (Class 15) of the State CEQA Guidelines. The Project
consists of the division of property in an urbanized area zoned for residential into
three (3) parcels and is in conformance with the General Plan and zoning
designation. The Project does not require a variance or any exception, all services
and access to the proposed parcels to local standards are available, the parcel
was not involved in a division of a larger parcel within the previous two (2) years,
and the parcel does not have any average slope greater than 20 percent.
6. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
The design of the subdivision is not likely to cause serious health problems. The
Project is not located within a hazardous area that would be subject to flooding,
liquefaction, landslides, fault zones, or other natural hazards. The Project does not
generate adverse effects that would cause public health problems. Future
construction would require to be in compliance with all grading requirements and
the properties will be developed in accordance with the Palm Desert Municipal
Code (PDMC) and California Building Code.
SECTION 4. Project Approval. The Planning Commission hereby approves Tentative
Parcel Map 38491, subject to the Conditions of Approval attached hereto as Exhibit “A.”
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EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. TPM/EA23-0001 (TPM 38491)
PLANNING DIVISION:
1. The development of the property shall conform substantially with exhibits on file with the
Development Services Department, as modified by the following conditions.
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. 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. 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. The TPM shall expire if recordation of the said Project is not completed within two (2)
years from the effective date of the original approval (February 21, 2024) unless an
extension of time is granted by the Palm Desert Planning Commission; otherwise, said
approval shall become null, void, and of no effect whatsoever. The expiration date of this
map is February 21, 2024.
5. The approved TPM shall only be modified with written City approval in accordance with
the requirements of the Specific Plan and Chapter 26.20 of the PDMC.
6. All construction documentation shall be coordinated for consistency, including, but not
limited to, architectural, structural, mechanical, electrical, plumbing, landscape and
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irrigation, grading, and street improvement plans. All such plans shall be consistent with
the approved entitlement plans on file with the Development Services Department.
7. The Applicant shall execute a written acknowledgment to the Planning Division stating
acceptance of and compliance with all the Conditions of Approval of Resolution No. 2847
for TPM 38491 and that the plans submitted are in compliance with the Conditions of
Approval. No modifications shall be made to said plans without written approval from the
appropriate decision-making body.
8. Prior to the 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)
Fire Department
Building and Safety Division
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented to the
Building & Safety Division at the time of issuance of a building permit for the use
contemplated herewith.
9. The pad elevations of all lots shall be consistent with the approved preliminary grading
plan included in the Project file. Any revisions to pad elevations shall conform with Palm
Desert Municipal Code Section 27.12.045.
10. Prior to recordation of the final map, the applicant shall apply for all necessary approvals
from the City of Palm Desert’s Development Service Department, including, but not
limited to a Certificate of Appropriateness and Demolition permit to demolish the existing
home on the project site. The demolition of said building shall be concluded prior to
recordation of the final map.
LAND DEVELOPMENT DIVISION/PUBLIC WORKS DEPARTMENT:
11. Tentative Parcel Map No. 38491 is a subdivision of Parcel 3 and Lot B of Parcel Map No.
36502, as shown by the map on file in Book 251, Pages 96 through 98 of Parcel Maps in
the Office of the County Recorder of Riverside County, California, recorded August 4,
2021.
12. No buildings are approved as part of this application. Subsequent applications shall be
submitted for review and approval for the development of the site. Pad elevations shall
conform with Tentative Parcel Map No. 38491.
13. The following plans, studies, and exhibits are hereby referenced: TPM 38491 prepared
by Feiro Engineering, Inc., and dated June 2022, TPM38491 Preliminary Grading Plan
prepared by Feiro Engineering, Inc. and not dated and TPM 38491 Hydrology Report
prepared by Feiro Engineering, Inc., and dated September 25, 2023.
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14. No Final Tract Map shall be recorded until all other related Planning cases are approved
unless otherwise approved by the City Engineer.
15. The final parcel map shall comply with the State of California and with the City of Palm
Desert Municipal Code Title 26 unless otherwise modified by the conditions listed herein.
16. After approval of the tentative map and prior to the expiration of said map, the Applicant
shall cause the real property included within the tentative map exhibit, or any part thereof,
to be surveyed; and a Final Tract Map thereof shall be submitted for review and approval
of the City Engineer.
17. It is assumed that the easements shown on the tentative parcel map exhibit are shown
correctly and include all the easements that encumber the subject property. A current
preliminary title report for the site shall be submitted during the technical plan review. The
Applicant shall secure approval from all 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 approval 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.
18. Easements for necessary streets, public utilities, and emergency access shall be
dedicated and shown on the final map in accordance with Title 26 of the Municipal Code
and these conditions of approval. It is understood that the tentative map exhibit correctly
shows acceptable centerline elevations, all existing easements, traveled ways, and
drainage courses and that the omission or unacceptability may require that the Applicant
amend or revise the tentative map as may be necessary to allow a finding on the final
map of substantial conformance.
Prior to Map Issuance
19. After recordation, a digital (PDF) copy of the recorded map shall be submitted to the City.
20. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted for
review and approved by the City Engineer. The CC&Rs shall include, but not be limited
to, access easements, reciprocal access, maintenance of underground retention system
and/or other related drainage devices, private and/or public utility easements as may be
relevant to the Project. A copy of the existing CC&Rs shall be provided for reference.
21. Prior to map approval, improvements along JFK Trail (Private Street) shall be constructed,
or adequately bonded for, consistent with the approved street improvement plan,
prepared for Parcel Map No. 36502 and approved by the City of Palm Desert on February
9, 2023, and to the satisfaction of the City Engineer. Improvements include, but are not
limited to pavement rehabilitation, curb and gutter, driveway approaches, utility
connections for each lot, retention facilities, and catch basins.
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22. Drainage easements shall be shown on the map and rough grading plan and noted as
follows: “Drainage Easement – no structures, obstructions, or encroachments are
allowed.”
23. Lot A, as shown on the tentative map exhibit, shall be for stormwater retention purposes
for Parcel 1 and Parcel 2 as identified on the map. Appropriate language shall be included
in the CC&Rs to identify the mechanism that will be used for the perpetual maintenance
of the underground retention system.
24. A rough grading plan for Parcel Map No. 36502, prepared by Feiro Engineering, Inc., was
previously approved on February 14, 2023. A revision to the rough grading plan shall be
submitted for review and approval and shall be consistent with the conceptual grading
plan for Tentative Parcel Map No. 38491. A cost estimate shall be submitted for review
and approval for the purpose of bonding.
A. The grading plan shall provide for the acceptance and proper disposal of all offsite
drainage flowing onto and/or through the site.
B. All drainage and storm drain improvements shall be designed and constructed per
Title 24 of the Municipal Code and Coachella Valley Water District (CVWD)
standards.
C. Parcel 1 of TPM38491 and Parcel 2 of PM36502 shall have a shared driveway.
Reciprocal access shall be designed in conformance with the Fire Department’s
requirements and shall be shown on the map.
D. Parcel 1 of TPM38491 and Parcel 2 of PM36502 shall be graded to direct
stormwater runoff to the proposed shared access easement.
E. The grading plan shall provide for the protection of downstream properties from
damage caused by alteration of the drainage patterns, i.e., concentration or
diversion of flow. Protection shall be provided by constructing adequate drainage
facilities including enlarging existing facilities and/or by securing a drainage
easement(s), if necessary, as approved by the City Engineer.
F. Temporary erosion control measures shall be implemented immediately following
grading to prevent the transport and deposition of earthen materials onto
downstream/downwind properties, public rights-of-way, or other drainage facilities.
Erosion Control Plans showing these measures shall be submitted along with the
grading plan for approval by the City Engineer.
G. Applicant shall provide written proof and authorization from easement holders (if
any) for access and drainage work proposed over easements.
25. Any driveway approaches constructed along the Project frontage shall be constructed per
City Standards or as approved by the City Engineer.
26. Prior to approval of the rough grading plan, the Applicant shall provide water and sewer
plans reviewed by CVWD to the City.
27. A final hydrology study for Parcel Map No. 36502, prepared by Feiro Engineering, Inc.,
and dated May 24, 2022, was previously approved. A revised final hydrology study shall
be submitted for review and approval. The study shall address the following:
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A. The report references a 96” CMP system and it was not included in the report.
Shall be included.
B. Figure 1 and 2 summarizes flow rates for four and two drainage areas,
respectively. Include hydrology maps as part of the report.
C. Section IV indicates that the site will be designed to retain the 100-year, 24-hour
storm event. However, proposed grading indicates that runoff will first discharge
into JFK Trail prior to being directed to the underground chamber. Show on plans
and revise report to show that proposed project I s in conformance with City’s
Municipal Code Section 27.12.056 and will retain on site.
D. Based on the analysis of the entire post-development area included in the report,
the retention system will be sized to accept runoff from JFK Trail. Section V states
that the system will accept half of the flows from the west half of JFK Trail. Clarify
if JFK Trail grades will be modified to convey all runoff on JFK Trail, as shown in
the hydrology map, and will be conveyed to the system.
E. Include discussion in Section V to explain how the volume for the 3-hour storm
event is greater than the volume for the 24-hour storm event.
F. Remove proposed topography from the hydrology map for existing conditions.
G. Hydrology maps indicate that the low point is along the existing home. Revise
conceptual grading plan to show existing percent slopes on JFK Trail and how JFK
Trail will be graded to direct street runoff into catch basin.
28. Prior to the approval of the final hydrology study and rough grading plan, the Applicant
shall obtain the Ironwood Country Club’s approval of proposed improvements and
stormwater conveyance/discharge. Failure to provide written approval may require the
Applicant to amend or revise referenced exhibits and study as may be necessary to allow
for the appropriate stormwater management and discharge per Section 24.20 and Section
26.49.060 of the PDMC.
29. A fugitive dust (PM 10) control plan shall be submitted for review and approval prior to the
approval of the revised rough grading plan. The Applicant shall comply with the Section
24.12 of the PDMC.
30. The developer shall monitor, supervise, and control all construction-related activities, so
as to prevent these activities from causing a public nuisance, including but not limited to,
ensuring strict adherence to the following:
A. Removal of dirt, debris, or other construction material deposited on any public
street no later than the end of each working day.
B. Observance of working hours as stipulated on permits issued by the Land
Development Division.
C. The construction site shall accommodate the parking of all motor vehicles used by
people working at or providing deliveries to the site.
D. All dust control measures per South Coast Air Quality Management District
(SCAQMD) requirements during the grading operations.
Violation of any condition, restriction, or prohibition set forth in these conditions shall
subject the owner, applicant, developer, or contractor(s) to remedy as noted in Section
24.12.070 of the Municipal Code. In addition, the City Engineer may suspend all
construction-related activities for violation of any condition, restriction, or prohibition set
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forth in these conditions until such time as it has been determined that all operations and
activities are in conformance with these conditions.
31. The Applicant shall enter into an agreement with the City of Palm Desert and post
securities in the form of a cash deposit, bond, or letter of credit as a guarantee of the
completion of the grading operations and improvements for the Project and
implementation and maintenance of erosion control measures.
Prior to Grading Permit Issuance
32. Prior to the issuance of a grading permit, the revised rough grading plan shall be
approved and shall be consistent with the conceptual grading plan for Tentative Parcel
Map No. 38491.
33. Prior to approval of the rough grading plan, the Applicant shall provide water and sewer
plans reviewed by CVWD to the City.
34. A fugitive dust (PM 10) control plan shall be submitted for review and approval prior to the
approval of the revised rough grading plan. The Applicant shall comply with the Section
24.12 of the PDMC.
Prior to Release of Securities
35. Upon completion of grading work, the Project’s Geotechnical Engineer shall certify the
completion of grading in conformance with the approved grading plans and
recommendations of the geotechnical report approved for this Project. A licensed
surveyor shall certify the completion of grading in conformance with the pad elevations
and grades shown on the approved grading plans.
36. The Applicant shall obtain acceptance of applicable improvements by CVWD. Witten
proof shall be provided to the Land Development Division.
37. The Applicant shall obtain acceptance of applicable improvements by the owner of JFK
Trail on the common access roadways. Written proof shall be provided to the Land
Development Division.
FIRE DEPARTMENT:
38. Fire Department vehicle access driveway design shall be in accordance with the
California Fire Code and Riverside County Fire Department Standards. Plans must be
submitted to the Fire Department for review and approval prior to building permit
issuance.
39. Water systems for fire protection shall be in accordance with the California Fire Code
and Riverside County Fire Department Standards. Plans must be submitted to the Fire
Department for review and approval prior to building permit issuance.
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40. Final Fire and life safety conditions will be addressed when the Office of the Fire Marshal
reviews building plans.
END OF CONDITIONS OF APPROVAL
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