HomeMy WebLinkAboutRes No 2853PLANNING COMMISSION RESOLUTION NO. 2853
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN 18-MONTH TIME EXTENSION
FOR TENTATIVE PARCEL MAP 38033 UNTIL AUGUST 20, 2025, AND 12-
MONTH TIME EXTENSION FOR PRECISE PLAN 21-0008 UNTIL
FEBRUARY 20, 2025. CASE NO. TPM #38033 EXTENSION OF TIME NO. 1
WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day
of February 2022, adopt Resolution No. 2022-16, adopting a Mitigated Negative Declaration
of Environmental Impact pursuant to the California Environmental Quality Act (CEQA, and
approval of a Change of Zone to establish a higher residential density (eight (8) units per
acre), Tentative Parcel Map 38033, and a Precise Plan to construct 32 single-story
condominium units, clubhouse, and pool/spa on 3.91 acres at the southwest corner of Gerald
Ford Drive and Shepherd Lane; and
WHEREAS, the original resolution for the tentative map established a 24-month life
and was set to expire on February 24, 2024; and
WHEREAS, a timely request was filed by Quality Choice Construction, the authorized
representative for the property owner, Elevated Entitlements LLC, for an 18-month time
extension of TPM 37234 and 12-month time extension of PP21-0008; and
WHEREAS, the original findings and Conditions of Approval in the entirety for
Planning Case Nos. PP 21-008, TPM 38033, and CZ21-0001 as stated in City Resolution No.
2022-16 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 20th day of February 2024, 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.
SECTION 2. Project Approval. The Planning Commission approves a 18-month time
extension for Planning Case No. TPM 38033 from February 22, 2024, to August 22, 2025,
subject to the Conditions of Approval attached hereto as Exhibit “A.”
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SECTION 3. Project Approval. The Planning Commission approves a 12-month time
extension for Planning Case No. PP21-0008 from February 22, 2024, to February 22, 2025,
subject to the Conditions of Approval attached hereto as Exhibit “A.”
ADOPTED ON February 20, 2024.
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. 2853 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 February 20, 2024, by the
following vote:
AYES: DELUNA, GREGORY, HOLT, PRADETTO
NOES: NONE
ABSENT: GREENWOOD
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 March ____, 2024.
RICHARD D. CANNONE, AICP
SECRETARY
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EXHIBIT A
CONDITIONS OF APPROVAL
CASE NOS. TPM 38033 & PP 21-0008 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 38033, per City Council Resolution No. 2022-16, 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 August
22, 2025.
3. The Applicant shall comply with the Conditions of Approval of the previously approved
Planning Case No. PP21-0008, per City Council Resolution No. 2022-16, attached
hereto as Exhibit “B” in their entirety. The Conditions of Approval are still applicable and
valid and are incorporated herein by reference. The Precise Plan will expire on February
22, 2025.
END OF CONDITIONS OF APPROVAL
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EXHIBIT B
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