HomeMy WebLinkAboutRes No 2861PLANNING COMMISSION RESOLUTION NO. 2861
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN 12-MONTH TIME EXTENSION
FOR PRECISE PLAN/ CONDITIONAL USE PERMIT/ ENVIRONMENTAL
ASSESSMENT 16-394 UNTIL MARCH 19, 2025.
WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day
of April 2018, adopt Resolution No. 2018-18, adopting a Mitigated Negative Declaration of
Environmental Impact pursuant to the California Environmental Quality Act (CEQA, and
approval of a Density Bonus, Precise Plan and Conditional Use Permit, for the construction
of a 388-unit apartment project with clubhouse, recreational amenities, and roadway
improvements on an 18.13-acre parcel located on the south side of Hovley Lane East,
formerly referred to as the Sands Apartments (APN: 624040037); and
WHEREAS, on April 18, 2023, the City of Palm Desert Planning Commissioned
approved a time extension for the Precise Plan, Condition Use Permit and Environmental
Assessment 16-394 and established a 12-month life which was set to expire on April 26,
2024; and
WHEREAS, a timely request was filed by Bravo Gardens Apartments, LLC the
authorized representative for the property owner, Claudio Bravo, for a 12-month time
extension of PP/CUP/EA 16-394; and
WHEREAS, the original findings and Conditions of Approval in the entirety for
Planning Case No PP/CUP/EA 16-394 as stated in City Resolution No. 2018-18 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 19th day of March 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 12-month time
extension for Planning Case No. PP/CUP/EA from March 19, 2024, to March 19, 2025,
subject to the Conditions of Approval attached hereto as Exhibit “A.”
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PLANNING COMMISSION RESOLUTION NO. 2861
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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 2861 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
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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EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. PP/CUP/EA 16-394 EXTENSION OF TIME NO. 4
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. PP/CUP/EA 16-394, per City Council Resolution No. 2018-18,
attached hereto as Exhibit “B” in their entirety. The Conditions of Approval are still
applicable and valid and are incorporated herein by reference.
3. The Precise Plan and Conditional Use Permit shall expire on March 19, 2025.
4. Project grading/building permits for construction shall be issued within one year of
March 19, 2024, within time extension approval. Construction shall commence in
accordance with the Precise Plan/Condition Use Permit Permit/ Environmental
Assessment 16-394 approved plans unless a time extension is granted subject to
Chapter 25.42 Objective Design Standards; otherwise, said approval shall become null,
void, and have no effect whatsoever."
END OF CONDITIONS OF APPROVAL
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EXHIBIT B
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