HomeMy WebLinkAboutRes No. 2900 TPM23-0003 Stone EaglePLANNING COMMISSION RESOLUTION NO. 2900
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, FINDING THE PROJECT CONSISTENT WITH THE
APPROVED MITIGATED NEGATIVE DECLARATION PURSUANT TO THE
STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND
APPROVING TENTATIVE PARCEL MAP 37336 SUBDIVIDING A 7.7-ACRE
PARCEL INTO RESIDENTIAL LOTS LOCATED WEST OF THE PALM
VALLEY DRAINAGE CHANNEL AT THE TERMINATION OF OLD STONE
TRAIL APN: 652-090-002
CASE NO. TPM23-0003 (TPM 37336)
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of October 2025, hold a duly noticed public hearing to consider the request by
Craig Smith, for approval of the above-noted project request; and
WHEREAS, the Planning Commission did previously hold a duly noticed public
hearing the 16th day of September 2025, to consider said applications and did vote to
continue the public hearing to a date certain; and
WHEREAS, the Development Services Department did publish a public hearing notice
in The Desert Sun newspaper on 5th day of September 2025, as prescribed by the Municipal
Code. Public hearing notices were also mailed to all property owners within 1,000 feet of the
site; and
WHEREAS, Craig Smith (“Applicant”), submitted a Tentative Parcel Map application
to subdivide a 7.7- acre parcel into three residential lots that will be part of the Stone Eagle
Development, located west of the Palm Valley Drainage Channel at the termination of Old
Stone Trail Assessor’s Parcel Number (“APN”) 652-090-002 (“Project”); and
WHEREAS, the Project site is currently within the Hillside Planned Residential (HPR)
zoning district, and is designated Rural Neighborhood by the Palm Desert General Plan; 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 consistent with the previous environmental analysis conducted under
the previous Mitigated Negative Declaration associated with Development Agreement 02-01
Amendment No. 3; therefore, no further environmental review is necessary at this time; 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. 2900
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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 Tentative Parcel Map. Under PDMC Section 26.20.100(C), the
findings for the Tentative Parcel Map are the following:
1. That the density of the proposed subdivision is consistent with applicable general
and specific plans.
Project Compliance: Yes. The proposed parcel map falls within the Rural
Neighborhood (R-H) designation of the General Plan. The intent of R-H
designation is to provide reasonable development opportunities while protecting
natural and scenic resources. The R-H allows for zero to one unit per five acres.
The gross project encompasses 710 acres and as proposed 61 total units will be
allowed, including the proposed three (3) lots which equates to a total density of
one dwelling per 11.5 acres of gross land. There is no specific plan for this area.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
Project Compliance: Yes. Limiting grading and protecting natural resources are
goals of both the City’s R-H General Plan Designation and the City’s Hillside
Planned Residential (HPR) zoning district. As proposed, this project accomplishes
two goals by reducing the overall number of units within the Stone Eagle
Development, and by designing the proposed development into the existing terrain
of the hillside such that grading is minimized. There is no specific plan for this area.
3. That the site is physically suitable for the type of development.
Project Compliance: Yes. The vacant property is located within the City of Palm
Desert and located adjacent to the existing Stone Eagle Development. The site
has vehicle access points via Old Stone Trail. The pads have been located to blend
with the natural terrain of the property to the greatest extent feasible. Similar sites
have been successfully developed as single-family homes as is proposed here,
demonstrating that these sites are physically suitable for the proposed
development
4. That the site is physically suitable for the proposed density of development.
Project Compliance: Yes. The proposed 7.7 acres is physically suitable for
residential development with accessibility through Stone Eagle Development and
proposed access roads. Utilities are available in the vicinity, and the footprint of
these residential units fit easily into the rugged terrain of the hills, tucked under the
elevation of adjacent ridgelines.
PLANNING COMMISSION RESOLUTION NO. 2900
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5. That the design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and unavoidably injury
to fish or wildlife or their habitat.
Project Compliance: Yes. The design of Tentative Tract Map 37336 and proposed
improvements are not likely to cause substantial environmental damage, nor
substantially and avoidably injure fish or wildlife or their habitat. The project is
consistent with the previous environmental analysis conducted under the previous
Mitigated Negative Declaration associated with Development Agreement 02-01
Amendment No. 3 and no further environmental review is required.
6. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Project Compliance: Yes. The design of Tentative Parcel Map 37336 and type of
improvements are not likely to cause serious public health problems, insofar as the
project will be required to comply with all laws, standards and requirements
associated with sanitary sewer collection, water quality and other public health
issues.
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.
Project Compliance: Yes. The design and improvements required for Tentative
Parcel Map 37336 will not conflict with easements, acquired by the public at
large, for access through or use of property within the proposed subdivision. All
roadway improvements, easements, if any and surrounding improvements will
be completed to City standards.
SECTION 3. CEQA. The application 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 Planning Commission finds the project
consistent with the previous environmental analysis conducted under the previous Mitigated
Negative Declaration associated with Development Agreement 02-01 Amendment No. 3 and
no further environmental review is required.
SECTION 4. Project Approval. The Planning Commission hereby recommends
approval of TPM23-0003.
SECTION 5. 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 6. 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.
PLANNING COMMISSION RESOLUTION NO. 2900
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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.
2. That the Planning Commission does hereby approve Case No. TPM23-0003,
pursuant to the conditions of approval in Exhibit A.
ADOPTED ON October 7th, 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. 2900 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 7, 2025, by the
following vote:
AYES: COLLUM, MEYERHOFF, NICKERSON
NOES: GREENWOOD
ABSENT: 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 December _3_, 2025.
ROSIE LUA
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2900
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EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. TPM23-0003 (TPM 37336)
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. 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. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the
requirements and standards of Government Code §§ 66410 through 66499. 58 ( the "
Subdivision Map Act"), and Title 26 of the Palm Desert Municipal Code (" PDMC").
3. The development of the property shall conform substantially with the approved exhibits
contained in TPM23-0003 on file in the Development Services Department, except as
modified by the following conditions.
4. The Tentative Parcel Map shall expire two years from the date of this approval, and shall
become null and void unless a time extension is granted per PDMC Section 26.20.140.
5. 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.
PLANNING COMMISSION RESOLUTION NO. 2900
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6. This project is subject to the conditions of approval outlined in Development Agreement
02-01, Amendment #3, as it was designed in accordance with the provisions of that
agreement.
7. The findings in the CEQA Mitigated Negative Declaration of Environmental Assessment
shall be incorporated into the planning, design, development, and operation of the project.
8. Before the parcel map records, the applicant shall provide proof of an executed annexation
agreement between them and Stone Eagle Development.
9. The future homes will be subject to the development standards established with Development
Agreement 02-01 and or established in amendments.
LAND DEVELOPMENT:
10. The following plans, studies, and exhibits are hereby referenced: Tentative Parcel Map
No. 37336, prepared by Essi Engineering.
11. It is assumed that easements shown on the Tentative Parcel Map exhibit are shown
correctly and include all the easements that encumber the subject property. A current
preliminary title report for the site will be required to be submitted during final map review.
The applicant shall secure approval from all, if any, easement holders for all grading and
improvements, which are proposed over the respective easement 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 alternate
actions regarding the easements not be provided and approved by the City, the applicant
may be required to amend or revise the proposed site division as may be necessary.
A. Prior to final map recordation, the subdivider shall provide copy of recorded
document demonstrating legal access from the proposed subdivision to the
public right-of-way (Highway 74) is provided. In the event that such access is
not currently established, the applicant shall process and record an access
easement through Old Stone Trail and Stone Eagle Drive prior to final parcel
map approval.
12. All utility extensions within the site shall be placed underground unless otherwise specified
or allowed by the respective utility purveyor.
13. Prior to any work within the public right-of-way, the applicant shall obtain an encroachment
permit from the City’s Public Works Department.
14. Prior to expiration of the Tentative Parcel Map, 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 Parcel Map No. 37336 thereof shall be prepared based upon
these conditions of approval, and in accordance with the City of Palm Desert Municipal
Code Title 26 and the Subdivision Map Act CA Code Section 66410 (et al).
PLANNING COMMISSION RESOLUTION NO. 2900
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15. The Final Parcel 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 Parcel 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 Development Services 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.
A. Owner will be required to obtain the appropriate Coachella Valley Water District
(CVWD) permits and authorization for discharge and/or connection to the Palm
Valley Drainage Channel. Land alteration, such as grading work, increasing
discharge, modifying tributary area, concentrating or modifying discharge, or
altering of land use and permeability may require CVWD review and approval
of receiving runoff.
16. A copy of the Covenants, Conditions and Restrictions (CC&Rs) shall be submitted for
review and approved by the City Engineer and City Attorney. The CC&Rs shall include,
but not be limited to, access easements, reciprocal access, private and/or public utility
easements, and water quality improvements maintenance responsibilities, as may be
relevant to the project.
A. Proposed Lot “A”, as shown on the Tentative Parcel Map exhibit, shall be
identified in the CC&Rs as privately owned and maintained. All road and
drainage improvements associated with the Tentative Parcel Map exhibit, such
as the proposed rip-rap, shall be included and their maintenance and
responsibilities clearly outlined in the CC&Rs.
17. Prior to final map recordation, the subdivider is responsible for the submittal of
improvement plans for private street improvements (proposed Lot “A”) for review and
approval of the City Engineer. In compliance with the Subdivision Map Act, if said
improvements are not constructed prior to final parcel 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.
18. Prior to Final Parcel Map approval plan, the subdivider shall provide a copy of approved
water and sewer plans, by Coachella Valley Water District (CVWD), to the City. Subdivider
shall provide bonding for the improvements as identified in the City’s Municipal Code
Chapter 27.
19. Prior to Final Parcel 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.
PLANNING COMMISSION RESOLUTION NO. 2900
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20. Prior to approval of the final map, improvement plans for offsite public infrastructure (if
required for this project) will need to be submitted for approval and cost estimates
inclusive of monumentation provided for bonding purposes.
21. Prior to improvement plan approval, the Developer shall guarantee the construction of the
following improvements by entering into a public improvement agreement and posting
security. Improvements include, but are not limited to:
A. New private street and roadway with base, curb and/or gutter.
B. The private street shall be improved to provide minimum of 24-foot clear with
at all times, with no parking allowed on either side of the street.
C. The proposed private street entrance/access to Old Stone Trail shall be design
to provide adequate and safe vehicle turning. At least one side of the proposed
median divided road shall be a minimum of 24-foot wide paved section and
meet Fire Department requirements.
D. Public utility easements will be at minimum as shown in the Tentative Parcel
Map exhibit but ultimately as directed by the Utility Purveyors.
22. Prior to release of related improvement bonds, the applicant shall provide as-built plans
for the related improvement plans, centerline ties and all required monumentation
pursuant to the Subdivision Map Act, and certified final plans for all private street
improvements.
PLANNING COMMISSION:
23. Prior to approval of the final map, the applicant shall provide written proof of Homeowners
Association approval.
END OF CONDITIONS OF APPROVAL