HomeMy WebLinkAboutRes No 2888PLANNING COMMISSION RESOLUTION NO. 2888
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) AND APPROVING A PRECISE PLAN TO DEVELOP A DUPLEX
DEVELOPMENT NEAR THE NORTHWEST CORNER OF ALESSANDRO
DRIVE AND SAN JACINTO (ASSESSOR’S PARCEL NUMBER 627-182-010)
CASE NOS. PP/EA 23-0008
WHEREAS, Nader Iskander (“Applicant”), submitted applications for an
Environmental Assessment (EA) and Precise Plan (PP) for duplex development on an 8,135
square foot parcel located on San Jacinto Avenue, just north of Alessandro Drive near the
southeast corner of Fred Waring Drive and San Luis Drive; and
WHEREAS, the Project site has a land use designation of Small Town Neighborhood
in the Palm Desert General Plan adopted on November 10, 2016, and a zoning designation
of Mixed Residential (R-2); 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, the Architectural Review Commission (ARC) of the City of Palm Desert,
California, did on the 23rd day of April 2024, approve a design review for the Project, subject
to conditions that have been incorporated into the Project plans and as conditions of approval
in this Resolution; 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 categorically exempt under Article 19, Section 15332 Infill Development (Class
32) of the CEQA Guidelines; therefore, no further environmental review is necessary; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of January 2025, hold a duly noticed public hearing to consider the request by the
Applicant for approval of the above-noted Project 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:
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
PLANNING COMMISSION RESOLUTION NO. 2888
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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 on Precise Plan. As required by Palm Desert Municipal Code
“PDMC” Section 25.72.030 (E), the Planning Commission makes the following findings to
approve the PP:
1. Consideration is given and restrictions are imposed to the extent necessary, given the
size and shape of the parcel and the present and proposed zoning and use of the
subject property and the surrounding property, to permit the same degree of
enjoyment of the subject property, but subject to the same degree of protection of
adjoining properties, as would be accorded in normal circumstances by the standard
restrictions imposed by Chapter 25.72.030. The project, as conditioned, meets all the
requirements of the underlying zoning designation and provides this project the with
same allowances that its surrounding properties would be governed by.
2. The proposed precise plan is not found to substantially depreciate property values in
the vicinity, nor would the plan unreasonably interfere with the use or enjoyment of
property in the vicinity by the occupants thereof for lawful purposes or would endanger
the public peace, health, safety, or general welfare, as conditioned.
3. The Architectural Review Commission approved a design review on April 23, 2024.
SECTION 3. CEQA Determination. The Planning Commission finds the Project is
exempt from CEQA pursuant to Section 15332 Infill Development (Class 32) of the State
CEQA guidelines. Class 32 consists of projects characterized as infill development meeting
the following conditions as described in the CEQA Guidelines:
1. The Project is consistent with the applicable General Plan designation and all
applicable General Plan policies, as well as with applicable zoning designation and
regulations. The proposed residential duplex use is consistent with the Small Town
Neighborhood General Plan land use designation and the Mixed Residential
zoning designation. The Project does not conflict with General Plan policies and
meets all regulations of the PDMC.
2. The proposed development occurs within city limits on a Project site of no more
than five (5) acres substantially surrounded by urban uses. The Project site is a
0.31-acre site within the City of Palm Desert.
3. The Project site has no value as a habitat for endangered, rare, or threatened
species.
4. Approval of the Project would not result in any significant effects relating to traffic,
noise, air quality, or water quality.
5. The site can be adequately served by all required utilities and public services.
SECTION 3. Project Recommendations. The Planning Commission hereby approves
Case No(s) PP/EA23-0008, subject to the findings and Conditions of Approval attached
herein as Exhibit “A.”
PLANNING COMMISSION RESOLUTION NO. 2888
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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. 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.
SECTION 6. Recitals. The Planning Commission hereby finds that the foregoing
recitals are true and correct and are incorporated herein as substantive findings of this
Resolution.
ADOPTED ON January 7, 2025.
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. 2888 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
January 7, 2025, by the following vote:
AYES: DELUNA, GREENWOOD, HOLT
NOES: GREGORY
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 February , 2025.
RICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2888
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EXHIBIT A
CONDITIONS OF APPROVAL
CASE NOS. PP/EA23-0008
PLANNING DIVISION:
1. The development of the property shall conform substantially with exhibits on file with the
Development Services Department, except as modified by the following conditions. Any
variation from the approved plans must be reviewed and approved by the Planning
Division prior to the building permit issuance and may require review and approval by the
Architectural Review Commission, Planning Commission, and/or City Council.
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. 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. 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. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein, which are in addition to the approved development standards
listed in the PDMC and state and federal statutes now in force, or which hereafter may be
in force.
4. The PP shall expire if construction of the said Project shall not commence within 24
months from the date of final approval unless an extension of time is granted by the Palm
Desert Planning Commission; otherwise, said approval shall become null, void, and of
no effect whatsoever.
PLANNING COMMISSION RESOLUTION NO. 2888
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5. The approved PP shall only be modified with written City approval per PDMC Chapter
25.72.030. Any proposed changes to this PP will require an amendment to the
application, which may result in a new public hearing.
6. All construction documentation shall be coordinated for consistency, including, but not
limited to, architectural, structural, mechanical, electrical, plumbing, landscape and
irrigation, grading, and street improvement plans. All such plans shall be consistent with
the approved entitlement plans on file with the Development Services Department.
7. Prior to the issuance of a building permit for the construction of any use or structure
contemplated by this approval, the Applicant shall first obtain permits and or clearance
from the following agencies:
Coachella Valley Water District (CVWD)
Riverside County Fire Department
City of Palm Desert Building and Safety Division
City of Palm Desert Land Development Division
City of Palm Desert Planning Division
City of Palm Desert Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented to the
Building & Safety Division at the time of issuance of a building permit for the use
contemplated herewith.
8. This Project is subject to the Art in Public Places requirements in Chapter 4.10 of the
PDMC.
9. Final lighting plans shall be submitted per PDMC Section 24.16 for any landscape,
architectural, street, or other lighting types within the Project area.
All exterior lighting sources shall be fully shielded and directed downwards and are
subject to approval by the Development Services Department. Luminaries with total lamp
lumens above 16,000 lumens shall not be used. Prior to the building permit issuance, the
Applicant shall submit plans for outdoor lighting as required by PDMC Section 24.16.030
and include glare ratings and color temperature for all exterior light fixtures.
10. Prior to the building permit issuance, the Applicant shall submit a landscape construction
application for approval by the Development Services Department and Coachella Valley
Water District. Final landscape and irrigation documents shall be prepared by a
landscape architect registered with the State of California and shall be submitted to the
Development Services Department and the CVWD for review and approval. All sheets
shall be signed by the landscape architect and shall include the license number and the
expiration date. The landscape plan shall conform to the preliminary landscape plans
prepared as part of this application and shall include dense plantings of live landscape
material. All plants shall be a minimum of five (5) gallons in size, and all trees shall be a
minimum 24-inch box in size.
PLANNING COMMISSION RESOLUTION NO. 2888
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A. The Applicant shall submit final landscape construction plans to the Palm Desert
Development Services Department for review and acceptance prior to submittal to
CVWD.
11. All Project irrigation systems shall function properly, and landscaping shall be maintained
in a healthy and thriving condition. The maintenance of landscaping and the irrigation
system shall be permanently provided for all areas of the Project site, as well as walkways
and the portion of public right-of-way abutting the Project site (parkways). Furthermore,
the plans shall identify responsibility for the continued maintenance.
12. Prior to the issuance of the Certificate of Occupancy, the Project landscape architect shall
submit written certification to the Public Works Department or Planning Division that the
landscaping and irrigation have been installed per the approved landscape plan.
13. All ground-mounted utility structures including, but not limited to, transformers, HVAC
equipment, and backflow prevention valves shall be located out of view from any public
street or adequately screened using landscaping and/or permanent screening devices.
14. Exterior building elevations showing building wall materials, roof types, exterior colors,
and appropriate vertical dimensions shall be included in the development construction
drawings.
15. The Applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
16. A copy of the herein-listed Conditions of Approval shall be included in the construction
documentation package for the Project, which shall be continuously maintained on-site
during Project construction.
17. Prior to a permit issuance, the Applicant shall submit plans for the final design of all site
fences and walls subject to review and approval by the Palm Desert Development
Services Department. The design of the walls shall be consistent with the height,
material, and design on the approved conceptual site plan. The proposed walls shall use
a footing that does not require encroaching into the City right-of-way and ensures the
entirety of the wall and footings are within the owner’s property.
18. Future modifications to site walls or fences shall require approval by the Director of
Development Services. The use of barbed wire, razor wire, and spiked pickets for fencing
is prohibited.
19. The Applicant shall comply with the recommendations made by the City’s ARC, as
referenced in the April 23, 2024, Notice of Action.
FIRE DEPARTMENT:
20. Fire Hydrants and Fire Flow: Prior to the issuance of building permits, water availability for
fire protection shall be confirmed. The minimum required fire flow is 500 GPM at 20 psi for a
1-hour duration. The maximum distance from a fire hydrant to all portions of the exterior
PLANNING COMMISSION RESOLUTION NO. 2888
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building walls is 600 feet, as measured by an approved route around the buildings.
Reference 2019 California Fire Code (CFC) 507.5.1, Appendices B and C.
21. Prior to building permit issuance, an application for a Fire Department review of the
residential building shall be submitted to the Office of the Fire Marshal along with a site plan,
general building information and water supply information.
22. Residential Fire Sprinklers: Residential fire sprinklers are required in all new one and two-
family dwellings, including accessory dwelling units per the California Residential Code
(CRC). Each dwelling unit shall have an individual control valve that serves the fire sprinkler
system in that dwelling unit and the owner shall have access to the valve that controls the
sprinkler system in their unit. Plans must be submitted to the Office of the Fire Marshal for
review and approval prior to installation. Ref. CRC 313.2, NFPA 130: 6.2.3
23. Addressing: All residential dwellings shall display street numbers and/or unit designators.
Address numbers shall be a minimum height of 6" with contrasting color of the background
and be visible from the addressed street. Ref. CFC 505.1
LAND DEVELOPMENT DIVISION/PUBLIC WORKS DEPARTMENT:
24. The following plans are hereby referenced: conceptual Grading Plan prepared by Mourad
Aziz and dated July 2nd, 2024; and Site Plan prepared by NDC Design & Construction and
dated July 2nd, 2024.
25. It is assumed that easements shown on the preliminary grading plan are shown correctly
and include all the easements that encumber the subject property. A current preliminary title
report for the site shall be submitted during technical plan review. The Applicant shall secure
approval from all easement holder for all grading and improvements, which are proposed
over respective easements, if any, or provide evidence that the easement has been
relocated, quitclaimed, vacated, abandoned, easement holder cannot be found, or is
otherwise of no effect. Should such approvals or alternative actions regarding the easements
not be provided and approved by the City, the Applicant may be required to amend or revise
the proposed site configuration as may be necessary.
26. It is understood that the conceptual exhibits correctly show acceptable centerline elevations,
all existing easements, traveled ways, and drainage courses with appropriate Q’s, and that
the omission or unacceptability may require that the Applicant amend or revise the proposed
site configuration as may be necessary.
27. All utility extensions within the site shall be placed underground unless otherwise specified
or allowed by the respective utility purveyor.
28. Prior to issuance of the grading permit for the development, the Applicant shall pay all
appropriate signalization fees in accordance with the City’s Resolution No. 79-17 and 79-55.
29. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20 Stormwater
Management and Discharge Ordinance.
PLANNING COMMISSION RESOLUTION NO. 2888
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30. Prior to a grading permit, the Applicant shall prepare a final grading plan for the site. No
grading or other improvements shall be permitted until a final grading plan has been
approved by the City Engineer. Grading plans and all grading shall conform to the approved
Conceptual Grading Plan, the California Building Code, Palm Desert Municipal Code
(PDMC) Title 27 Grading, and all other relevant laws, rules, and regulations governing
grading in the City of Palm Desert.
31. The final grading plans shall show and identify all proposed onsite improvements in
accordance with the approved conceptual grading exhibit.
32. Design shall be in compliance with the accessibility standards in the California Building Code
(current) and Americans with Disability Act (ADA) regulations. Plans shall show running and
cross slopes within public right-of-way pedestrian facilities.
33. Run-off to San Jacinto Avenue shall be directed as sheet flow over driveway(s). Curb drains
are not allowed.
34. All private improvements shall be kept within private property. Non-standard encroachments
into proposed public right-of-way will not be permitted, unless clearly identified on these
conditions of approval.
35. The project’s Geotechnical Engineer shall sign the final grading plans.
36. The grading plan shall provide for acceptance and proper disposal of all offsite drainage
flowing onto or through the site.
37. All drainage and storm drain improvements shall be designed per PDMC Title 24, Riverside
County Flood Control and Water Conservation District’s standards for the Drainage Element
of the Palm Desert General Plan, and all other relevant rules, and regulations governing
grading in the City of Palm Desert.
38. Proposed onsite storm drains shall keep minimum of 0.4% slope at all segments.
39. Grading surrounding proposed Accessory Dwelling Units (ADUs) shall meet California
Building Code requirements.
40. Pad elevations, as shown on the conceptual grading plan, are subject to review and
modification per the City of Palm Desert Municipal Code Title 27.
41. Prior to grading permit it shall be the sole responsibility of the Applicant to obtain any and all
proposed or required easements and/or permissions necessary to perform the grading
shown on the grading plan exhibit. Proof shall be provided to the Land Development
Department prior to issuance of grading permit.
42. Written authorization for work proposed within the public utility easement will be required at
submittal of grading permit application.
PLANNING COMMISSION RESOLUTION NO. 2888
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43. Prior to the issuance of a grading permit, the Applicant shall submit a PM10 application for
review and approval. The Applicant shall comply with all provisions of PDMC Section 24.12
regarding Fugitive Dust Control.
44. Prior to issuance of grading permit and in compliance with the City of Palm Desert Municipal
Code Chapter 27.24, the Applicant shall enter into an agreement and post financial security
guarantee for all grading work related to this project.
45. Prior to the start of grading activities, the Applicant shall install all erosion and dust control
mechanisms for the site as approved by the City.
46. Upon completion of grading work, the project’s Geotechnical Engineer shall certify to the
completion of grading in conformance with the approved grading plans and the
recommendations of the geotechnical report approved for this project. A licensed land
surveyor shall certify to the completion of grading in conformance with the lines and grades
shown on the approved grading plans.
47. Additional right-of-way dedication at project driveways required to accommodate ADA-
compliant public infrastructure within public right-of-way shall be dedicated by a separate
instrument. If require, dedications shall be approved prior to issuance of building permit.
48. Prior to occupancy, the Applicant shall submit improvement plans for required improvements
along San Jacinto Avenue as outlined in these conditions of approval. The plans are required
to be approved by the City Engineer prior to map approval.
49. Driveway(s) shall be design per City of Palm Desert standard No. 304, providing minimum
clearance of 2 feet between the property line and start of driveway approach, minimum width
of 12 feet and maximum width of 30 feet.
50. All utility connections to existing infrastructure within San Jacinto Drive will require an
encroachment permit.
51. Approved water and sewer plans by Coachella Valley Water District shall be submitted for
conformance and reference during City improvement plan review.
52. The Applicant shall guarantee all(any) improvements within the public right-of-way for a
period of one year form the date of final acceptance and the improvement guarantee shall
be backed by a bond or cash deposit in the amount of ten percent of the surety posted for
improvements.
53. Prior to the issuance of a building permit, the final grade certification shall be submitted in
conformance with the approved grading plans. A licensed land surveyor shall certify the
completion of grading in conformance with the lines and grades shown on the approved
grading plans.
54. Prior to building final inspection, the Applicant is responsible for the completion of all grading
for which plans are required.
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55. Prior to occupancy, the Applicant shall complete all improvements on San Jacinto Avenue.
56. Prior to occupancy, the Applicant shall provide as-built drawings and drawing files (CAD
.dwg) for all public infrastructure. As-built drawings shall be stamped, signed, and dated by
the Engineer of Record.
END OF CONDITIONS OF APPROVAL