HomeMy WebLinkAboutRes No 2854PLANNING COMMISSION RESOLUTION NO. 2854
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
APPROVING A PRECISE PLAN TO REVISE THE PAD ELEVATION AT 178
TEKIS PLACE (ASSESSOR’S PARCEL NUMBER 771-260-030)
CASE NOS. PP24-0002
WHEREAS, Paul Flotterud (“Applicant”) submitted an application for a Precise Plan
(PP) to allow for buildings to be constructed on pad elevations lower than the currently
approved pad elevation at 178 Tekis Place for an existing single family residential lot
(Assessor Parcel Number 771-260-030); and
WHEREAS, the Project site has a land use designation of Golf Course and Resort
Neighborhood in the Palm Desert General Plan adopted on November 10, 2016, and a zoning
designation of Planned Residential (PR-5); 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, the Planning Commission of the City of Palm Desert, California, did on
the 6th day of May 2014 adopt Planning Commission Resolution No. 2628 which approved an
amendment to Development Plan 13-316 to add a pad height elevation schedule for 23 lots
within the Mountains at Bighorn and established an approved pad elevation for 178 Tekis
Place of 1,133.0’ based off a National Geodetic Vertical Datum; 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 Section 15304 Minor Alterations to Land (Class 4)
of the CEQA Guidelines; therefore, no further environmental review is necessary; 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 Applicant for approval of constructing a single-family residential home on pad elevations
of 1,129.26’ and 1,117.46’ based off a National Geodetic Vertical Datum of 1929; 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:
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PLANNING COMMISSION RESOLUTION NO. 2854
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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. Review Criteria on Precise Plans. In approving this Project, the Planning
Commission, and under Palm Desert Municipal Code (PDMC) Section 25.72.030(E), the
following review criteria apply:
1. Consideration shall be given and restrictions shall be imposed to the extent
necessary, in view of the size and shape of the parcel and the present and proposed
zoning and use of the subject property and the surrounding property, to permit the
same degree of enjoyment of the subject property, but subject to the same degree of
protection of adjoining properties, as would be accorded in normal circumstances by
the standard restrictions imposed by this chapter. The standard restrictions imposed
in the various zones by this chapter are intended as minimum restrictions necessary
in normal circumstances to prevent substantial depreciation of property values in the
vicinity and unreasonable interference with the use and enjoyment of property in the
vicinity by the occupants thereof for lawful purposes, and for the protection of the
public peace, health, safety, and general welfare. “Normal circumstances” are
intended to refer to the case of a permitted case upon a lot of a normal size and
shape surrounded by property in the same zone as the lot in question.
The proposed project, as conditioned, would be subject to the same development
standards as the rest of the parcels within the Mountains at Bighorn development,
including height. The proposal would allow for the property to develop with unique
topography circumstances and still be able to accommodate a single-family house.
2. If the proposed precise plan of design would substantially depreciate property values
in the vicinity or would unreasonably interfere with the use or enjoyment of property
in the vicinity by the occupants thereof for lawful purposes or would endanger the
public peace, health, safety, or general welfare, such plan shall be rejected or shall
be so modified or conditioned before adoption as to remove said objections.
The approval of this Precise Plan would not depreciate property values in the vicinity
and would allow for the construction of a single-family home that is similar to
surrounding single family homes.
SECTION 3. CEQA Determination. The Planning Commission finds the Project is
exempt from CEQA pursuant to Section 15304 Minor Alterations to Land (Class 4) of the
State CEQA guidelines.
SECTION 4. Project Recommendations. The Planning Commission hereby approves
PP24-0004, subject to the findings and Conditions of Approval attached herein as Exhibit A.
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.
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PLANNING COMMISSION RESOLUTION NO. 2854
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SECTION 6. Execution of Resolution. The Chairperson of the Planning Commission
signs this Resolution, and the Secretary to the Commission shall attest and certify to the
passage and adoption thereof.
SECTION 7. Recitals. The Planning Commission hereby finds that the foregoing
recitals are true and correct and are incorporated herein as substantive findings of this
Resolution.
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. 2854 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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PLANNING COMMISSION RESOLUTION NO. 2854
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EXHIBIT A
CONDITIONS OF APPROVAL
CASE NOS. PP24-0002
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
Architectural Review Commission, 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. 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 PP shall expire if construction of the said Project shall not commence within 24
months from the date of final approval 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.
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PLANNING COMMISSION RESOLUTION NO. 2854
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5. The PP approval is to revise the pad elevation to accommodate a new House. The pad
elevations on the property would include an “Upper Lot” and a “Lower Lot” with a 12’
difference in Elevation. The Upper Lot Elevation is proposed at 1,129.46’ based off
NGVD29 and the Lower Lot Elevation at 1,117.46’. These changes are 3.54’ and 15.54’
lower than the approved 1,133’ Pad Elevation.
6. The approved PP shall only be modified with written City approval per PDMC Chapter
25.72.030. Any proposed changes to this PP will require an amendment to the
application, which may result in a new public hearing.
7. All construction documentation shall be coordinated for consistency, including, but not
limited to, architectural, structural, mechanical, electrical, plumbing, landscape and
irrigation, grading, and street improvement plans. All such plans shall be consistent with
the approved entitlement plans on file with the Development Services Department.
8. Approval of this Precise Plan does not grant or suggest approval of any precise grading
and/or building permit review. Approval of this Precise Plan is limited to allowing the
building to be located on pad elevations lower than the effectively approved pad
elevation.
9. Any changes to the pad elevations shall be reviewed in conformance with Palm Desert
Municipal Code Section 27.12.045 Control of building pad elevation. If the proposed
elevations vary more than six inches from the elevations of the approved map, the
revised elevations must be reviewed by the city engineer and approved through the
director of development services. The director of development services may refer the
request to a public hearing process for approval.
10. Prior to the issuance of a building permit for the 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)
City of Palm Desert Public Works Department
Riverside County Fire Department
City of Palm Desert Land Development Division
City of Palm Desert Planning Division
City of Palm Desert Building and Safety Division
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.
END OF CONDITIONS OF APPROVAL
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