HomeMy WebLinkAboutRes No 2880PLANNING COMMISSION RESOLUTION NO. 2880
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A SIX-MONTH TIME EXTENSION
FOR TENTATIVE PARCEL MAP 37234 UNTIL MARCH 12, 2025
CASE NO. TPM 37234 Extension of Time No. 3
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day
of March 2020, adopt Resolution No. 2020-17, adopting a Mitigated Negative Declaration of
Environmental Impact pursuant to the California Environmental Quality Act (CEQA) and
approving the MCP Specific Plan and Tentative Parcel Map 37234 (TPM 37234) to subdivide
32+ acres located at the southeast corner of Monterey Avenue and Dick Kelly Drive into four
(4) parcels; and
WHEREAS, the original resolution for the tentative map established a 24-month life
and was set to expire on March 12, 2022; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of April 2022 grant an 18-month time extension of time for TPM 37234 until
September 12, 2023; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of July 2023 grant a 12-month time extension of time for TPM 37234 until
September 12, 2024; and
WHEREAS, a timely request was filed by Chambers Development, the authorized
representative for the property owner for a six-month time extension of TPM 37234; and
WHEREAS, the original findings and Conditions of Approval in their entirety for
Planning Case Nos. SP 16-342 and TPM 37234 as stated in City Resolution No. 2020-17 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 3rd day of September 2024, 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.
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SECTION 2. Project Approval. The Planning Commission approves a six-month time
extension for Planning Case No. TPM 37234 from September 12, 2024, to March 12, 2025,
subject to the Conditions of Approval attached hereto as Exhibit “A.”
ADOPTED ON September 3, 2024
RON GREGORY
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert Planning
Commission, hereby certify that Resolution No. 2880 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
September 3, 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 October _1_, 2024.
RICHARD D. CANNONE, AICP
SECRETARY
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EXHIBIT A
CONDITIONS OF APPROVAL
CASE NOS. TPM 37234 EXTENSION OF TIME NO. 3
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 37234, per City Council Resolution No. 2020-17, 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 March
12, 2025.
END OF CONDITIONS OF APPROVAL
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EXHIBIT B
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