HomeMy WebLinkAboutRes No 2896PLANNING COMMISSION RESOLUTION NO. 2896
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION
PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) AND APPROVING A PRECISE PLAN, CONDITIONAL USE
PERMIT, AND TENTATIVE PARCEL MAP FOR THE CONSTRUCTION OF A
FOUR-UNIT CONDOMINIUM COMPLEX LOCATED AT 73815 SHADOW
MOUNTAIN DRIVE
CASE NO. PP/CUP/EA 23-0009; TPM 38640
WHEREAS, Absolute Partners One LLC (“Applicant”), submitted a Precise Plan,
Conditional Use Permit, Tentative Parcel Map and Environmental Assessment application to
construct a single-story multi-family complex with four (4) attached condominium units,
totaling 4,944 square feet of gross floor area, on a 0.31-acre vacant parcel located at 73815
Shadow Mountain Drive (APN 627-341-004) (“Project”); and
WHEREAS, the Project site is currently within the Downtown Edge Transition Overlay
(D.E.-O) zoning district, and is designated as Downtown by the Palm Desert General Plan;
and
WHEREAS, the proposed Project conforms to the General Plan land use designation
for Downtown and the development standards listed in the City’s Zoning Ordinance for the
D.E.-O zoning district; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the
State 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 Project has complied with the requirements of the "2024 Local
Guidelines for Implementing the California Environmental Quality Act for the City Palm
Desert” Resolution No. 2024-035, in that the Director of Development Services has
determined that the Project will not have a foreseeable significant impact on the environment
and that the Project is eligible for an exemption pursuant to Article 19, Section 15303 New
Construction or Conversion of Small Structures (Class 3); therefore, no further environmental
review is necessary at this time; and
WHEREAS, the Architectural Review Commission of the City of Palm Desert,
California, did on the 27th day of May 2025, provide Design Review approval of said project,
subject to conditions of approval which have been included in this Resolution; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 5th day of August 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:
PLANNING COMMISSION RESOLUTION NO. 2896
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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 Palm Desert Municipal Code
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.
Project Compliance: Yes. The purpose and intent of the Downtown Edge
Transition Overlay (DE-O) zoning district is to facilitate appropriate scale
transitions between the high-intensity, mixed-use Downtown core and adjacent
single-family neighborhoods. The proposed condominium Project presents a
lower-intensity multi-family development, which serves as a compatible transition
between these distinct land use areas. The proposed location of the Project
complies with the objectives of the Zoning Ordinance and the purpose of the
DE-O zoning district.
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.
Project Compliance: Yes. The Project has been reviewed in accordance with all
applicable requirements of the Zoning Ordinance, as well as engineering, building,
fire safety, and utility regulations, to ensure compliance with all relevant safety and
usability standards. The Project was found to not be detrimental to the health,
safety, or welfare of the public, nor will it be materially injurious to the properties in
the vicinity. The Project provides setbacks from adjacent properties that meet the
standards of the DE-O zoning district.
3. The proposed conditional use will comply with each of the applicable provisions of
this title, except for approved variances or adjustments.
Project Compliance: Yes. The proposed development conforms with all applicable
standards of the Palm Desert Municipal Code, including all standards of the DE-O
zoning designation. No variances or adjustments are proposed for this
development. The Project conforms with all development standards, including
building height, setbacks, and parking.
4. The proposed conditional use complies with the goals, objectives, and policies of
the City’s General Plan
Project Compliance: Yes. The proposed use complies and is consistent with the
site’s Downtown land use designation as outlined by the Palm Desert General
Plan. The Project aligns with these objectives by serving as a buffer between the
PLANNING COMMISSION RESOLUTION NO. 2896
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high-intensity Downtown core and the adjacent lower intensity residential
neighborhoods. The Project provides a diverse housing type and integrates well
with the existing neighborhood character. The Project meets objective design
standards and incorporates drought-tolerant landscaping throughout the site,
enhancing sustainability and reducing water consumption in accordance with the City’s
planning and environmental goals. The following General Plan Policies are
implemented with this Project:
Land Use Policy 3.16 – The Project provides a lower-intensity, single-story multi-
family residential development, which serves as a compatible buffer between the
Downtown core and the adjoining single-family neighborhoods. Its scale and
density are consistent with the surrounding uses and satisfy the City’s objective for
transitional development.
Land Use Policy 5.1 – The Project proposes a multi-family residential use that that
contributes to a vibrant and active Downtown by enhancing housing diversity and
integrating compatibly with the surrounding built environment. The Project
reinforces the Downtown’s role as the civic and cultural heart of the City,
supporting a balanced mix of uses and advancing the General Plan’s vision for
inclusive growth.
City Center Policy 3.5 – The private parking lot is designed to minimize its visual
impact along the adjacent street frontage by incorporating screening measures,
including a block wall and strategically placed shade trees. These elements ensure
the parking area does not dominate the street frontage, thereby preserving and
enhancing the pedestrian experience along the public space.
SECTION 3. Findings on Tentative Parcel Map. Under Palm Desert Municipal Code
Section 26.20.100(C), the findings for the TPM are the following:
1. That the density of the proposed subdivision is consistent with applicable general and
specific plans;
Project Compliance: Yes. The map has been found to be consistent with the density,
lot development standards, and land uses of the Downtown Edge Transition Overlay
(DE-O) zoning district and the Downtown General Plan land use designation.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans;
Project Compliance: Yes. The proposed use complies and is consistent with the
Downtown Edge Transition Overlay (DE-O) zoning district and the Downtown land
use designation as outlined by the Palm Desert General Plan. The Project aligns
with these objectives by serving as a buffer between the high-intensity Downtown
core and the adjacent lower intensity residential neighborhoods. The Project
provides a diverse housing type and integrates well with the intended character of
the neighborhood. The following General Plan Policies are implemented with this
Project:
PLANNING COMMISSION RESOLUTION NO. 2896
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Land Use Policy 3.16 – The Project provides a lower-intensity, single-story multi-
family residential development, which serves as a compatible buffer between the
Downtown core and the adjoining single-family neighborhoods. Its scale and
density are consistent with the surrounding uses and satisfy the City’s objective for
transitional development.
Land Use Policy 5.1 – The Project proposes a multi-family residential use that that contributes
to a vibrant and active Downtown by enhancing housing diversity and integrating compatibly
with the surrounding built environment. The Project reinforces the Downtown’s role as the
civic and cultural heart of the City, supporting a balanced mix of uses and advancing the
General Plan’s vision for inclusive growth.
3. That the site is physically suitable for the type of development;
Project Compliance: Yes. The site is physically suitable for the proposed four-unit
condominium development, with appropriate access and zoning. Grading and
drainage will be engineered per approved plans. The Project proposes public
sidewalk improvements to support pedestrian connectivity and accessibility along the
street frontage. Driveways are reasonably located, and adequate on-site parking is
provided. The Project falls within the acceptable density range and is not anticipated
to generate traffic impacts.
4. That the site is physically suitable for the proposed density of development;
Project Compliance: Yes. The site is physically suitable for the proposed four-unit
condominium development, consistent with the density requirements of the
Downtown Edge Transition Overlay (DE-O) zoning district and the Downtown
General Plan land use designation. The Applicant has prepared technical studies
confirming site suitability, and the Project conforms with all applicable development
standards, including building height, parking, and access.
5. That the design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantial and unavoidable injury to fish or
wildlife or their habitat;
Project Compliance: Yes. The design of the subdivision and improvements will not
cause damage or substantially injure wildlife habitat. The subject property is in an
urbanized area of Palm Desert and is near major roadways, including California
Highway 111. The 0.31-acre vacant site is less than an acre and surrounded by
existing residential development. The Project site improvements are unlikely to cause
any environmental, fish, or wildlife damage.
6. That the design of the subdivision or the type of improvements will not cause serious
public health problems;
Project Compliance: Yes. The design of the subdivision is not likely to cause serious
health problems or adverse effects. The site plan and grading plan have been
reviewed to confirm the design provides the protection of the public’s health, safety,
and general welfare. The site is adequately serviced by utilities and the grading plan
was reviewed in accordance with City requirements. The Project provides setbacks
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from adjacent properties that meet the standards of the DE-O zoning district. Ground-
disturbing activities are conditioned to prepare plans to control fugitive dust.
7. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision. In this connection, the governing body may approve
a map if it finds that alternate easements, for access or for use, will be provided, and
that these will be substantially equivalent to ones previously acquired by the public.
This subsection shall apply only to easements of record or to easements established
by judgment of a court of competent jurisdiction and no authority is granted to a
legislative body to determine that the public at large has acquired easements for
access through or use of property within the proposed subdivision.
Project Compliance: Yes. It is assumed that easements shown on the Tentative Map
exhibit are shown correctly and include all the easements that encumber the subject
property. A current preliminary title report (30 days current) for the site shall be
submitted during final map and technical plan review. The Applicant shall secure
approval from all easement holders 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. Proof of authorization shall be provided to the Land
Development Department prior to issuance of grading permit.
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.
SECTION 4. CEQA. The Planning Commission finds that the project complies with the
requirements of the “2025 California Environmental Quality Act (CEQA) Statute and
Guidelines,” and is exempt from CEQA pursuant to Section 15303 New Construction or
Conversion of Small Structures (“Class 3”) of the State CEQA guidelines.
Class 3 Categorical Exemptions applies to duplexes or similar multi-family residential
structures totaling no more than four dwelling units. In urbanized areas, this exemption
extends to apartments, duplexes, and similar structures designed for not more than six
dwelling units. The project qualifies for a Class 3 Categorical Exemption as it consists of a
single structure with no more than four condominium units.
Additionally, the Project is not subject to any of the exceptions for categorical exemptions
identified in CEQA Guidelines Section 15300.2:
1) The Project qualifies as a Class 3 exemption, which is subject to the limitations
outlined in Section 15300.2(a) of the CEQA guidelines. The Project site is surrounded
by existing residential developments, including single-family homes and multi-family
complexes. The proposed density and design project are consistent with the
established neighborhood, ensuring compatibility with the surrounding land uses. The
Project site has not been identified as an area of critical environmental concern
officially adopted by any federal, state or local agencies. There is no evidence of
PLANNING COMMISSION RESOLUTION NO. 2896
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potential impacts to sensitive environmental resources, and the project is not
expected to result in any adverse effects on the surrounding community.
2) There is no substantial evidence in the record that the Project would create a
cumulative environmental impact. The proposed Project is consistent with the
surrounding land uses, which include residential developments of similar scale and
intensity, and aligns with the City’s land use planning for the area.
3) There are no unusual circumstances associated with the proposed Project, Project
site or immediate vicinity. The proposed land use is consistent with the established
pattern in the surrounding neighborhood and does not introduce a use that is
uncharacteristic or incompatible with existing conditions. Further, the Project has
been reviewed for engineering, building, fire regulations, and utilities to ensure
compliance with all safety and usability standards. Therefore, no substantial evidence
exists to suggest the Project would create a significant impact, nor can it be
reasonably perceived that the Project would create a significant impact.
4) The project is not proposed near any designated scenic highways. Therefore, the
project will not create a significant impact on existing scenic highways.
5) According to the Department of Toxic Substance Control’s database of hazardous
waste site, EnviroStor, neither the project site nor any properties in the vicinity have
been identified as a hazardous waste site. Therefore, the project site does not create
a significant impact due to the location of hazardous waste sites.
6) The project site has not been identified as a historic resource by local or state
agencies, nor has the project site not been determined to be eligible for listing in the
National Register of Historic Places or California Register of Historical Resources.
Therefore, the Project would not adversely affect historic resources on the Project
Site or in the vicinity.
SECTION 5. Project Approval. The Planning Commission hereby recommends
approval of PP/CUP/EA 23-0009 and TPM 38640.
SECTION 6. 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. Rosie Lua, the Secretary to the Palm
Desert Planning Commission, is the custodian of the record of proceedings.
SECTION 7. 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.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings for
approval of the Planning Commission in this case.
PLANNING COMMISSION RESOLUTION NO. 2896
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2.That the Planning Commission does hereby approve Case No. TPM 38640,
pursuant to the conditions of approval in Exhibit A.
3.That the Planning Commission does hereby approve Case No. PP/CUP/EA 23-
0009, pursuant to the conditions of approval in Exhibit B
.
ADOPTED ON August 5, 2025.
LINDSAY HOLT
CHAIRPERSON
ATTEST:
ROSIE LUA
SECRETARY
I, Rosie Lua, Secretary of the City of Palm Desert Planning Commission, hereby certify
that Resolution No. 2896 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 August 5, 2025, by the
following vote:
AYES: GREENWOOD, HOLT, MEYERHOFF, NICKERSON
NOES: NONE
ABSENT: COLLUM
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 August _26_, 2025.
ROSIE LUA
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2896
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EXHIBIT A
CONDITIONS OF APPROVAL
TPM 38640
PLANNING DIVISION:
1. The development of the property shall conform substantially with the approved plans and
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 building permit issuance and may require
review and approval by the ARC, 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 Palm Desert Municipal Code (PDMC), and state and federal statutes now in
force, or which hereafter may be in force.
4. The Tentative Parcel Map (TPM) shall expire if recordation of the said Project is not
completed within two (2) years 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.
5. All such plans shall be consistent with the approved entitlement plans on file with the
Development Services Department.
PLANNING COMMISSION RESOLUTION NO. 2896
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6. 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.
7. The Applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
8. The Applicant shall provide payment for filing fees for the Notice of Exemption within five
(5) days of project approval.
9. The Applicant shall execute a written acknowledgment to the Planning Division stating
acceptance of and compliance with all the Conditions of Approval in Resolution No. 2896.
No modifications shall be made to said plans without written approval from the
appropriate decision-making body.
10. Failure to comply with any of these conditions will result in the revocation of this permit
subject to PDMC 25.60.120.
LAND DEVELOPMENT/ENGINEERING DIVISION
11. The following plans are hereby referenced: Tentative Parcel Map No. 38640 by Fiero
Engineering, Inc. and dated October 2022; and Paseo Villas Condominiums Schematic
Design prepared by O2 Architecture and dated June 3, 2025.
12. It is assumed that easements shown on the Tentative Map exhibit are shown correctly
and include all the easements that encumber the subject property. A current preliminary
title report (30 days current) for the site shall be submitted during final map and technical
plan review. The Applicant shall secure approval from all easement holders 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. Proof of
authorization shall be provided to the Land Development Department prior to issuance
of grading permit.
13. 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.
14. All utility extensions within the site shall be placed underground unless otherwise
specified or allowed by the respective utility purveyor.
15. Prior to expiration of the Tentative Map exhibit, or as extended if applicable, the
subdivider shall cause the real property included within the tentative map exhibit, or any
part thereof, to be surveyed; and Final Map thereof shall be prepared based upon these
PLANNING COMMISSION RESOLUTION NO. 2896
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conditions of approval, City of Palm Desert Municipal Code Title 26, and the Subdivision
Map Act CA Code Section 66410 (et al).
16. The Final Map shall include appropriate easements for streets, public utilities, and
emergency access which shall be dedicated on the Final Map. It is understood that the
Tentative Map exhibit correctly shows acceptable centerline elevations, all existing
easements, necessary travelled ways, and drainage courses, and that the omission or
unacceptability may require that the subdivider amend, revise or re process the tentative
map as may be necessary to allow a finding on the final map of substantial conformance
by the Director of Land Development or City Engineer. Existing travelled ways and
drainage courses shall be perpetuated with the Final Map which shall depict all
easements required, and/or identify any existing easement(s) dedicated by separate
instrument.
17. Prior to the final map approval, a copy of the Covenants, Conditions and Restrictions
(CC&R's) shall be submitted for review and approved by the City Engineer and City
Attorney. A deposit will be required for fees incurred for this review. The CC&R's shall
include, but not be limited to, access easements (fire and emergency), reciprocal
access, private and/or public utility easements as may be relevant to the project, and
maintenance (in perpetuity) of common spaces and BMP’s.
18. Prior to final map approval, the subdivider is responsible for the submittal of
improvement plans for all offsite and onsite improvements for review and approval of
the City Engineer. In compliance with the Subdivision Map Act, if said improvements are
not constructed prior to final map recordation, the subdivider shall guarantee the
completion of all improvements required to support the development, within the
boundaries of the final map, by executing a Subdivision Improvement Agreement with
the City and posting the required security.
19. Prior to final map approval, in compliance with the Subdivision Map Act, the subdivider
shall provide the surveyor’s certification for placement of monuments or provide
monument bond in the amount and form compliant with the City’s Municipal Code
Chapter 27 and as approved by the City Engineer.
20. Prior to Final Map approval, the Applicant shall submit improvement plans for required
improvements along Shadow Mountain Drive as outlined in these conditions of approval.
The plans are required to be approved by the City Engineer prior to final map approval.
A. Driveway(s) shall be designed per City of Palm Desert standard No. 304
minimum width of 12 feet and maximum width of 30 feet.
B. Approved water and sewer plans by Coachella Valley Water District shall be
submitted for conformance and reference during City improvement plan review.
C. Additional right-of-way dedication at project driveways required to
accommodate ADA-compliant public infrastructure within public right-of-way
PLANNING COMMISSION RESOLUTION NO. 2896
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shall be dedicated by a separate instrument. If required, dedications shall be
approved prior to issuance of building permit.
D. The Applicant shall guarantee all(any) improvements within the public right-of-
way for a period of one year from 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.
END OF CONDITIONS OF APPROVAL
PLANNING COMMISSION RESOLUTION NO. 2896
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EXHIBIT B
CONDITIONS OF APPROVAL
CASE NO. PP/CUP/EA 23-0009
PLANNING DIVISION:
1. The development of the property shall conform substantially with the approved plans and
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 building permit issuance and may require
review and approval by the ARC, 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 Palm Desert Municipal Code (PDMC), and state and federal statutes now in
force, or which hereafter may be in force.
4. The Precise Plan (PP) and Conditional Use Permit (CUP) shall expire if construction of
the said Project shall not commence within twenty-four (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.
5. The Planning Commission’s approval of the PP and CUP authorizes the construction of
a single-story multi-family residential complex consisting of four (4) condominium units,
PLANNING COMMISSION RESOLUTION NO. 2896
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totaling 4,944 square feet of gross floor area, located at 73815 Shadow Mountain Drive
(APN 627-341-004). Plans on file reflect associated site improvements, including a new
public sidewalk and driveway, on-site parking, common open space with a pool area,
drought-tolerant landscaping, and architectural designs approved by the Architectural
Review Commission (ARC).
6. 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 require review and approval by the ARC, Planning Commission,
and/or City Council.
7. The approved CUP shall only be modified per the guidelines outlined in PDMC Chapter
25.72.050(I). Any proposed changes to this PP will require an amendment to the
application, which may require review and approval by the ARC, Planning Commission,
and/or City Council.
8. 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.
9. 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 & 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.
10. The Project is subject to the requirements of the PDMC Chapter 4.10 – Art in Public
Places.
11. 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.
12. All permanent and temporary exterior signage shall comply with PDMC Chapter 25.56.
13. Final lighting plans shall be submitted per PDMC Section 24.16 for any landscape,
architectural, street, or other lighting types within the Project area.
14. Prior to the building permit issuance, the Applicant shall submit a landscape construction
application for approval by the Development Services Department and Coachella Valley
PLANNING COMMISSION RESOLUTION NO. 2896
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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.
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.
15. 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.
16. Prior to issuance of building and landscaping permits, the applicant shall provide
documentation demonstrating that all exterior lighting fixtures are consistent with the
specifications attached in the Staff Report or are equivalent in design, finish, illumination
level, and performance. Any proposed alternatives must be reviewed and approved by
City of Palm Desert Planning staff or the Director of Development Services.
17. Shade trees providing visual screening of the parking area from the street frontage shall
be preserved and maintained in healthy condition. These trees shall be regularly
inspected and pruned as needed to ensure continued effectiveness as a landscape
buffer. Any tree that becomes diseased, damaged, or removed shall be promptly
replaced with a comparable species, subject to review and approval by the City of Palm
Desert.
18. Prior to the issuance of the Certificate of Occupancy, the Project landscape architect
shall submit written certification to the Public Works Department and/or Planning Division
that the landscaping and irrigation have been installed per the approved landscape plan.
19. 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.
20. All solar equipment, conduit, and wiring associated with the carport-mounted solar
installation shall be completely screened from public view using architectural elements,
landscaping, or integrated enclosure systems. Conduit runs shall be concealed within
structural members or painted to match adjacent surfaces. Any exposed wiring shall be
neatly bundled and secured, and all junction boxes, inverters, and related components
shall be shielded or housed in enclosures that are weather-resistant and visually
unobtrusive. Screening methods shall be reviewed and approved by the Development
Services Department prior to final inspection approval.
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21. The trash enclosure shall be fully screened from public view using a combination of solid
masonry walls and landscaping, consistent with the approved site plan. Screening shall
be designed to match or complement the architectural character of the development and
shall comply with all applicable City of Palm Desert standards. The enclosure shall be
maintained in good condition, and any damaged or deteriorated screening elements shall
be promptly repaired or replaced. Placement and access shall allow for efficient waste
collection without encroaching into public rights-of-way or pedestrian paths.
22. Prior to final approval, the Applicant shall coordinate with Burrtec Waste to ensure the
enclosure’s location, access, and design meet Burrtec’s operational requirements for
waste collection. Documentation of Burrtec’s review and acceptance shall be submitted
to the Development Services Department.
23. The trash enclosure shall comply with the California Senate Bill 1383 (SB 1383), which
mandates the reduction of organic waste disposed in landfills. A three-bin system
(landfill, recycle, and organics) shall be provided for residents, clearly labeled and
accessible. The design, location, and operational plan for the enclosure shall be reviewed
and approved by Burrtec Waste.
24. The project shall include two (2) dual-port electric vehicle (EV) charging stations as
indicated in the approved site plan, providing a total of four (4) EV charging ports for
resident and guest use. These stations shall be installed prior to issuance of a Certificate
of Occupancy and shall comply with California Green Building Standards Code
(CALGreen), all applicable California State Building Codes, and City of Palm Desert
requirements. The EV charging stations shall be clearly marked, accessible, and
maintained in good working condition.
25. All ADA-compliant public improvements, including sidewalks, driveways, and parking
areas, shall be maintained in a safe and accessible condition. The Applicant or property
successor shall ensure that accessible routes remain unobstructed, surfaces are free of
hazards, and all signage, striping, and accessibility features are kept in good working
order. Any damage or deterioration shall be promptly repaired to maintain compliance
with ADA Standards for Accessible Design, applicable California Building Codes, and
City of Palm Desert requirements.
26. Exterior building elevations showing building wall materials, roof types, exterior colors,
and appropriate vertical dimensions shall be included in the development construction
drawings.
27. The Applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
28. 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, last dated June 3, 2025 (Page A1.0).
The walls shall extend all along the project’s east and west boundaries of the project. The
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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.
29. Perimeter walls shall be installed prior to the residential buildings being constructed.
30. Future modifications to site walls or fences shall require approval by the Director of
Development Services. The use of barbed wires, razor wire, and spiked pickets for
fencing is prohibited.
31. Coordination with Burrtec Waste shall occur prior to any proposed event or large
gathering for trash pickup schedule, location, and plan.
32. The Applicant shall provide payment for filing fees for the Notice of Exemption within five
(5) days of project approval.
33. The Applicant shall execute a written acknowledgment to the Planning Division stating
acceptance of and compliance with all the Conditions of Approval in Resolution No. 2896.
No modifications shall be made to said plans without written approval from the
appropriate decision-making body.
34. Failure to comply with any of these conditions will result in the revocation of this permit
subject to PDMC 25.60.120.
ARCHITECTURAL REVIEW COMMISSION
35. The Architectural Review Commission of the City of Palm Desert approved Case No.
PP/CUP/EA 23-0009 at its meeting of May 27, 2025, and a Notice of Action was
subsequently recorded and provided to the Applicant with the following conditions of
approval:
A. Applicant shall place a block wall between the pool area and the dining section
for the northeast unit to create privacy.
B. Applicant shall provide identification signage for the rear units.
LAND DEVELOPMENT/ENGINEERING DIVISION
36. Final Map 38640 shall be approved and recorded prior to the issuance of any
construction permits for this project.
37. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20
Stormwater Management and Discharge Ordinance.
38. 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.
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39. The following plans are hereby referenced: Tentative Parcel Map No. 38640 by Fiero
Engineering, Inc. and dated October, 2022; and Paseo Villas Condominiums Schematic
Design prepared by O2 Architecture and dated June 3, 2025.
40. It is assumed that easements shown on the Tentative Map exhibit are shown correctly
and include all the easements that encumber the subject property. A current preliminary
title report (30 days current) for the site shall be submitted during final map and technical
plan review. The Applicant shall secure approval from all easement holders 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. Proof of
authorization shall be provided to the Land Development Department prior to issuance
of grading permit.
41. 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.
42. All utility extensions within the site shall be placed underground unless otherwise
specified or allowed by the respective utility purveyor.
43. 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.
44. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20
Stormwater Management and Discharge Ordinance.
45. A copy of the Covenants, Conditions and Restrictions (CC&R's) shall be submitted for
review and approved by the City Engineer and City Attorney. The CC&R's shall include,
but not be limited to, access easements (fire and emergency), reciprocal access, private
and/or public utility easements as may be relevant to the project, and maintenance (in
perpetuity) of common spaces and BMP’s.
46. Prior to a grading permit, the subdivider is responsible for the submittal of improvement
plans for all offsite and onsite improvements for review and approval of the City
Engineer. In compliance with the Subdivision Map Act, if said improvements are not
constructed prior to final map recordation, the subdivider shall guarantee the completion
of all improvements required to support the development, within the boundaries of the
final map, by executing a Subdivision Improvement Agreement with the City and posting
the required security.
47. Prior to a grading permit, in compliance with the Subdivision Map Act, the subdivider
shall provide the surveyor’s certification for placement of monuments or provide
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monument bond in the amount and form compliant with the City’s Municipal Code
Chapter 27 and as approved by the City Engineer.
48. Prior to a grading permit, the Applicant shall submit improvement plans for required
improvements along Shadow Mountain Drive as outlined in these conditions of approval.
The plans are required to be approved by the City Engineer prior to issuance of a
grading permit.
A. Driveway(s) shall be designed per City of Palm Desert standard No. 304
minimum width of 12 feet and maximum width of 30 feet.
B. Approved water and sewer plans by Coachella Valley Water District shall be
submitted for conformance and reference during City improvement plan review.
C. 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 required, dedications shall be
approved prior to issuance of building permit.
D. The Applicant shall guarantee all(any) improvements within the public right-of-
way for a period of one year from 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.
49. 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.
A. The final grading plans shall show and identify all proposed onsite
improvements in accordance with the approved conceptual grading exhibit.
B. 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 along accessibility path from
building entrances to designated parking stalls and to public pedestrian
infrastructure.
C. Run-off to Shadow Mountain Drive shall be directed as sheet flow over
driveway(s).
D. The project’s Geotechnical Engineer shall sign the final grading plans.
50. Prior to grading permit, the applicant shall record the related land subdivision.
51. Prior to grading permit, the applicant shall submit for review and approval of the City
Engineer, a project specific hydrology and drainage report.
52. The grading plan shall provide for acceptance and proper disposal of all offsite
drainage flowing onto or through the site.
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A. 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.
B. Proposed onsite storm drains shall keep minimum of 0.4% slope at all
segments.
53. 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. The pad elevations
shall conform to the applicable approved map. If the proposed elevations vary more
than six inches from the elevations of the approved map, the revised elevations must
be reviewed by the city engineer and approved through the director of development
services. The director of development services may refer the request to a public hearing
process for approval.
54. 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.
55. Prior to issuance of a grading permit, the Applicant shall have a pre-construction
meeting with the City’s Public Works Department and install all mitigation measures.
56. 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.
57. 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.
58. 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.
59. 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.
60. Prior to building final inspection, the Applicant is responsible for the completion of all
grading for which plans are required.
61. Prior to occupancy, the Applicant shall complete all improvements on Shadow Mountain
Drive.
62. Prior to occupancy, the Applicant shall provide as-built drawings and drawing files (CAD
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.dwg) for all public infrastructure. As-built drawings shall be stamped, signed, and dated
by the Engineer of Record.
RIVERSIDE COUNTY FIRE DEPARTMANT
63. Provide Fire Flow report from the nearest Fire Hydrant, as provided by CVWD.
64. Preliminary Grading Sheet 2 was referenced for Fire Access distance requirements in
compliance with CFC Section 503.1.1.
A. The required 150-feet distance for Fire Access from the roadside element, as
measured as-a-hose-would-lay along an unobstructed and discernable path, is
not being provided to all exterior portions of the structure. Modification of the
proposed project layout, provision of on-parcel Fire Access, OR proposed
mitigation (i.e. BLDG Construction/Sprinkler Design Increases) to allow for the
exception of CFC 503.1.1 shall be identified.
65. Hydrant mitigation guide is only allowed for R-3 classification.
66. Shall submit an alternative means and methods application to the Fire Marshal’s office
or provide a hydrant within the required distance.
END OF CONDITIONS OF APPROVAL