HomeMy WebLinkAboutRes No 2860PLANNING COMMISSION RESOLUTION NO. 2860
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION AND
FINDING THAT A PROPOSED STREET VACATION OF AN 8,582 SQUARE
FOOT PORTION OF SHADOW LAKE DRIVE IN FAVOR OF A PROPERTY
AT 73745 SHADOW LAKE DRIVE IS CONSISTENT WITH THE CITY OF
PALM DESERT GENERAL PLAN (APNS: 627-342-001)
CASE NOS. ST23-0008
WHEREAS, Gordon German, the owner of the property located at 73745 Shadow
Lake Drive, did submit a request for a street vacation to vacate an 8,582 square foot portion
of Shadow Lake Drive adjacent to 73745 Shadow Lake Drive; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of March 2024, consider the request for street vacation identified above; and
WHEREAS, the Project site (73745 Shadow Lake Drive) has a land use designation
of Conventional Suburban Neighborhood in the General Plan adopted on November 10,
2016; 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 exempt under Section 15301(c) – Class 1, Existing Facilities; therefore, no
further environmental review is necessary; and
WHEREAS, street vacation proceedings may be initiated by the City Council or may
act on a petition or request of an interested person, pursuant to Chapter 3, Part 3, Division 9
of the Streets and Highways Code; and
WHEREAS, California Government Code Section 65402 requires that prior to the
streets being vacated by the City Council, the Planning Commission shall make a finding that
the proposed street vacation is consistent with the City’s General Plan; 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:
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PLANNING COMMISSION RESOLUTION NO. 2860
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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. Findings for Street Vacation. Under California Government Code Section
65402, the Planning Commission hereby finds:
1. The proposed street vacation conforms with the City of Palm Desert General Plan.
The proposed street vacation is consistent with the City of Palm Desert General
Plan, including goals and policies relating to land use and mobility.
2. The proposed street vacation will have no environmental effects that adversely
impact the public safety or welfare.
3. The portion of right of way being vacated is not needed for public purposes.
SECTION 3. Project Approval. The Planning Commission finds that the proposed
street vacation of a 8,582 square foot portion of Shadow Lake Drive adjacent to 73745
Shadow Lake Drive legally described in Exhibit A and depicted in Exhibit B, attached hereto
is consistent with the General Plan.
ADOPTED ON March 19, 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. 2860 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 March 19, 2024, by the
following vote:
AYES: DELUNA, GREENWOOD, GREGORY, HOLT, PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
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PLANNING COMMISSION RESOLUTION NO. 2860
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on March _29_, 2024.
RICHARD D. CANNONE, AICP
SECRETARY
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