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HomeMy WebLinkAboutRes No 2884PLANNING COMMISSION RESOLUTION NO. 2884 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TWELVE-MONTH TIME EXTENSION FOR PRECISE PLAN 22-0003 AND TENTATIVE PARCEL MAP 38336 UNTIL OCTOBER 13, 2025 CASE NO. PP 22-0003/TPM 38336 Extension No. 1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of October 2022, adopt Resolution No. 2022-85, approving Precise Plan 22-0003 and Tentative Parcel Map 38336 for a 241-unit, multi-family affordable housing development community consisting of 10 three-story apartment buildings, one (1) two-story community building with two (2) on-site manager’s units, outdoor recreation areas, landscaping, and associated parking areas on a 10.49-acre site on the northwest corner of Gerald Ford Drive and Technology Drive; and WHEREAS, the original resolution for the Precise Plan and tentative map established a 24-month life and was set to expire on October 13, 2024; and WHEREAS, a timely request was filed by Palms Communities, the authorized representative for the property owner, for an extension of Precise Plan 22-0003 and TPM 38336; and WHEREAS, the original findings and Conditions of Approval in the entirety for Planning Case Nos. PP 22-0003 and TPM 38336 as stated in City Resolution No. 2022-85 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 1st day of October 2024, consider the request by the property owner for approval of the above-noted extension of time request at a duly noticed public hearing; 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 twelve-month time extension for Planning Case Nos. Precise Plan 22-0003 and TPM 38336 from to October 13, 2025, subject to the Conditions of Approval attached hereto as Exhibit “A.” Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE PLANNING COMMISSION RESOLUTION NO. 2884 2 ADOPTED ON October 1, 2024 RON GREGORY CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2884 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 October 1, 2024, by the following vote: AYES: GREGORY, GREENWOOD, HOLT, PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: DELUNA IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on October _11_, 2024. RICHARD D. CANNONE, AICP SECRETARY Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE PLANNING COMMISSION RESOLUTION NO. 2884 3 EXHIBIT A CONDITIONS OF APPROVAL CASE NOS. PP22-0003/TPM 38336 EXTENSION OF TIME NO. 1 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 per City Council Resolution No. 2022-85, 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 22-0003 and Tentative Parcel Map 38336 map will expire on October 13, 2025, unless an extension of time is granted by the City of Palm Desert’s Planning Commission. END OF CONDITIONS OF APPROVAL Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE EXHIBIT B Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE