HomeMy WebLinkAboutRes No. 2894 PP16-394 Extsn 5PLANNING COMMISSION RESOLUTION NO. 2894
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PLANNING COMMISSION RESOLUTION NO. 2894
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A 6-MONTH TIME
EXTENSION FOR PRECISE PLAN/ CONDITIONAL USE PERMIT/
ENVIRONMENTAL ASSESSMENT 16-394 UNTIL SEPTEMBER 19, 2025
WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th
day of April 2018, adopt Resolution No. 2018-18, adopting a Mitigated Negative
Declaration of Environmental Impact pursuant to the California Environmental Quality Act
(CEQA, and approval of a Density Bonus, Precise Plan and Conditional Use Permit, for
the construction of a 388-unit apartment project with clubhouse, recreational amenities,
and roadway improvements on an 18.13-acre parcel located on the south side of Hovley
Lane East, formerly referred to as the Sands Apartments; and
WHEREAS, on June 3, 2025, the City of Palm Desert Planning Commission
approved a time extension for the Precise Plan, Conditional Use Permit and
Environmental Assessment 16-394, and established a 6-month life which was set to
expire on March 19, 2025; and
WHEREAS, a timely request was filed by Bravo Gardens Apartments, LLC the
authorized representative for the property owner, Claudio Bravo, for a time extension of
PP/CUP/EA 16-394; and
WHEREAS, the original findings and Conditions of Approval in the entirety for
Planning Case No PP/CUP/EA 16-394 as stated in City Resolution No. 2018-18 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 June 2025, hold a duly noticed public hearing to 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.
PLANNING COMMISSION RESOLUTION NO. 2894
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SECTION 2. Project Approval. The Planning Commission approves a time
extension for Planning Case No. PP/CUP/EA from March 19, 2025, to September 19,
2025, subject to the Conditions of Approval attached hereto as Exhibit “A”.
ADOPTED ON June 3, 2025.
JOHN GREENWOOD
CHAIRPERSON
ATTEST:
ROSIE LUA
SECRETARY
I, Rosie Lua, Secretary of the City of Palm Desert Planning Commission, hereby
certify that Resolution No. 2894 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 3, 2025,
by the following vote:
AYES: DELUNA, GREENWOOD, MEYERHOFF
NOES: NONE
ABSENT: GREGORY, HOLT
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 September _17_, 2025.
ROSIE LUA
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2894
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EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. PP/CUP/EA16-394 EXTENSION OF TIME NO. 5
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. PP/CUP/EA 16-394, per City Council Resolution No. 2018-18,
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 and Conditional Use Permit shall expire on September 19, 2025.
END OF CONDITIONS OF APPROVAL
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EXHIBIT B
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