HomeMy WebLinkAboutRes No 2872PLANNING COMMISSION RESOLUTION NO. 2872
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT CALIFORNIA, APPROVING A SECOND AMENDMENT OF
PRECISE PLAN AND CONDITIONAL USE PERMIT 98-5 APPROVED BY
CITY COUNCIL RESOLUTION NO. 98-108 TO RELEASE DESIGNATED
REMAINDER PARCELS 4 AND 5 OF TRACT 28818-1 FROM THE
APPROVALS FOR THE MARRIOTT SHADOW RIDGE PROJECT LOCATED
AT 9003 SHADOW RIDGE ROAD GENERALLY SOUTH OF GERALD FORD
DRIVE AND EAST OF MONTEREY AVENUE AND FINDING THE PROJECT
IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)CASE NOS. CASE NO. CUP24-0005 (PP/CUP 98-5 Amendment No.
2)
WHEREAS, on April 18, 2024, the applicant, Marriott Ownership Resorts, filed a
formal application with the City of Palm Desert for the approval of a second amendment to
Precise Plan (PP) / Conditional Use Permit (CUP) 98-5, approved pursuant to City Council
Resolution No. 98-108, to release Designated Remainder Parcel 4 and Designated
Remainder Parcel 5, and Lot “D” of Tract 28818-1 on Riverside County Assessor Parcel
Number(s) 694-290-010, -011, 694-320-010, and -011(“Project Site”); from the PP/CUP land
use approval for Marriott Shadow Ridge; and
WHEREAS, the Case No. PP/CUP 98-5 for the Marriott Shadow Ridge was originally
approved, subject to conditions by the City Council on November 12, 1998, pursuant to City
Council Resolution No. 98-108 attached herein as Exhibit “B”; and
WHEREAS the City Council did, on December 10, 1998, approve Development
Agreement 98-1 (adopted as Ordinance No. 888) (“DA 98-1”) with Marriott Ownership
Resorts, Inc. for Marriott Shadow Ridge, a timeshare project; and
WHEREAS, the Planning Commission of the City of Palm Desert did on June 21, 2005,
adopt Resolution No. 2338 approving an amendment to PP/CUP 98-5 for site plan and
architectural modifications; and
WHEREAS, the Project Site is has a General Plan Land Use Designation of Resort
and Entertainment District and a Zoning Designation of Planned Residential – 5 dwelling units
per acre and is subject to the requirements of Development Agreement 98-1 as amended by
Palm Desert City Council Resolution No. 24-003 adopted on January 25, 2024; 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, in accordance with State CEQA Guidelines Section 15063, the City
prepared an Initial Study to determine if the Project may have a significant effect on the
environment and to evaluate whether an Environmental Impact Report (EIR) was required;
and
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PLANNING COMMISSION RESOLUTION NO. 2872
WHEREAS, State CEQA Guidelines Section 15183 (Public Resources Code
§21083.3), provides that projects which are consistent with a Community Plan, General Plan,
or Zoning for which an environmental impact report (EIR) has been certified “shall not require
additional environmental review, except as might be necessary to examine whether there are
project specific significant effects which are peculiar to the project or its site;” and
WHEREAS, an Environmental Impact Report (SCH # 2015081020) was certified by
the City of Palm Desert City Council for the 2040 Palm Desert General Plan; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the June 18, 2024, hold a duly noticed public hearing to consider the request by the Applicant
for the second amendment of PP/CUP 98-5; 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. Findings on Conditional Use Permit. Under PDMC Section 25.72.050(F),
the findings for the CUP are the following:
1. The proposed location of the conditional use is in accord with the objectives of this
title and the purpose of the district in which the site is located.
The proposed amendment is in accord with the objectives of this title and the
purpose of the district in which the site is located. The proposed amendment would
remove approximately 20.69-acres from an existing 306-acre site approved for
timeshare land use. The portion of the site removed would have no longer be
subject to the land use approvals and any future development would require
approval subject to the requirements of the Resort and Entertainment District
General Plan Land Use Design and Planned Residential Zoning Designation. The
20.69-acre site is anticipated to be developed as a 93-unit single-family residential
tract (Case Nos. VTTM 38866 and PP23-0023) Much of the remaining area of the
site subject to the PP/CUP) Notwithstanding this amendment, much of the 306-
acre site has been developed with timeshares and would remain “as-is” and
continue to under the existing PP/CUP as a conforming land use.
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PLANNING COMMISSION RESOLUTION NO. 2872
2. The proposed location of the conditional use and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety,
or welfare, or be materially injurious to properties or improvements in the vicinity.
The proposed amendment is not anticipated to be detrimental to the public health,
safety, or welfare, or be materially injurious to properties or improvements in the
vicinity. The amendment would remove 20.69-acres from an existing 306-acre site
approved for timeshare land use. Future development is anticipated to be a 93-
unit single-family residential tract (Case Nos. VTTM 38866 and PP23-0023) the
which will carried out in accordance with the Palm Desert General Plan, Zoning
Ordinance, Subdivision Ordinance and other applicable requires which provide for
the public welfare.
3. The proposed conditional use will comply with each of the applicable provisions of
this title, except for approved variances or adjustments.
The proposed amendment will comply with all applicable requirements of Title 25
of the Palm Desert Municipal Code. No variances or adjustments have been
sought for this amendment.
4. The proposed conditional use complies with the goals, objectives, and policies of
the City’s General Plan
The subject property is designated Resort and Entertainment District per the
General Plan Land Use Element. Amending the use permit will release the project
site from current land use approvals and necessitate new approvals when new
development occurs. Future development of the site will be reviewed for
consistency with the City’s General Plan.
SECTION 3. CEQA. 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 consistent with the approved General Plan and
Zoning Ordinance and that other project-specific impacts were evaluated in the Initial Study
(15183 Analysis) prepared for the project and that no further environmental review is required
under State CEQA Guidelines 15183. CEQA Guidelines Section 15183 allows for a
streamlined environmental review process for projects, which are consistent with the
development density established by existing zoning, community plan, or General Plan
policies for which an EIR was certified, except as might be necessary to examine whether
there are project-specific significant effects which are peculiar to the Project or its sites. If the
above qualifications are met, as stated in Section 15183(b), “a public agency shall limit its
examination of environmental effects to those which the agency determines, in an initial study
or other analysis: (1) are peculiar to the Project or the parcel on which the Project would be
located, (2) were not analyzed as significant effects in a prior EIR on the zoning action,
General Plan or community plan, with which the Project is consistent, (3) are potentially
significant off-site impacts, and cumulative impacts which were not discussed in the prior EIR
prepared for the General Plan, community plan or zoning action, or the Project’s CEQA
Section 15183 Analysis (4) are previously identified significant effects which, as a result of
substantial new information, which was not known at the time the EIR was certified, are
determined to have a more severe adverse impact than discussed in the prior EIR.” This
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PLANNING COMMISSION RESOLUTION NO. 2872
document has been prepared to satisfy the requirements of CEQA Guidelines Section 15183.
It analyzes the potential environmental effects of the proposed Project and evaluates whether
they were adequately analyzed in a prior EIR such that the above-identified streamlining
criteria apply. The Project is consistent with the Palm Desert General Plan Update (General
Plan Update), for which an EIR (SCH No. 2015081020) was certified. The General Plan
Update provides a framework for future growth of the City and projects the development
reasonably expected to occur during the buildout period. The Genal Plan Update EIR
analyzed the environmental impacts associated with the adoption and implementation of the
General Plan Update. The proposed Project is permitted in the zoning district where the
Project site is located and consistent with the vision of the 2040 Palm Desert General Plan;
and
SECTION 4. 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.
SECTION 5. Project Approval. The Planning Commission approves Precise
Plan/Conditional Use Permit 98-5 Amendment No. 2, subject to the Conditions of Approval
attached hereto as Exhibit “A” and Resolution No. 98-108 attached as Exhibit “B” for reference
purposes.
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.
ADOPTED ON June 18, 2024.
JOSEPH PRADETTO
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2872
I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert Planning
Commission, hereby certify that Resolution No. 2872 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
June 18, 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 July_3_, 2024.
RICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2872
EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. PP/CUP 98-5 Amendment #2
PLANNING DIVISION:
1. Remainder Parcel 4, Remainder Parcel 5, and Lot “D” of Tract 28818-1 are released
from the land use approvals granted by City Council Resolution No. 98-108.
Resolution No. 98-108, attached hereto as Exhibit B of this Resolution shall continue
to apply to other areas of the site.
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. This amendment shall be contingent upon termination of Development Agreement
98-1 on Designated Remainder Parcel 4, Designated Remainder Parcel 5, and Lot
“D” of Tract 28818-1 amended by City Council Resolution No. 24-003. The applicant
shall provide written proof of termination of the Development Agreement to the
Development Services Department.
END OF CONDITIONS
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EXHIBIT B
CITY COUNCIL RESOLUTION NO. 98-108
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