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HomeMy WebLinkAboutRes No 2906PLANNING COMMISSION RESOLUTION NO. 2906 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 39276 FOR FINANCING AND CONVEYANCE PURPOSES LOCATED SOUTH OF FRANK SINATRA DRIVE AND WEST OF PORTOLA AVENUE CASE NO. TTM 39276 Finance Map WHEREAS, Blue Fern West (“Applicant”), submitted a Tentative Tract Map to subdivide a 81.43-acre property into eleven (11) lots for finance and conveyance purposes only. The project is located South of Frank Sinatra Drive and west of Portola Avenue on APN 620-170-009 (“Project”); and WHEREAS, the Project site is within the PR-22 zoning district, and is designated as Town Center Neighborhood by the Palm Desert General Plan; and WHEREAS, the tentative map is for financing and conveyance purposes only and therefore does not constitute any development rights that would allow physical improvements to the property; 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, and the project can be deemed exempt from CEQA under CEQA Guidelines Section 15061(b)(3) Common Sense rule. The Project does not allow any construction or land use alteration and will have no impact on environment; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of November, 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: 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 Tract Map TTM 39276. Under Palm Desert Municipal Code Section 26.20.100(C), the findings for the TTM are the following:          PLANNING COMMISSION RESOLUTION NO. 2906 2 1. That the density of the proposed subdivision is consistent with applicable general and zoning; Project Compliance: Yes. The map has been found to be consistent with the density, lot development standards, and land uses of the Planned Residential PR-22 zoning district and the Town Center Neighborhood General Plan land use designation. 2. That the design or improvement of the proposed subdivision is consistent with applicable general plan and zoning; Project Compliance: Yes. The proposed use complies and is consistent with the Planned Residential PR-22 zoning district and the Town Center Neighborhood land use designation as outlined by the Palm Desert General Plan. This project is solely for finance and conveyance purposes but the overall project entitlement provides a single family housing type consistent with the intended character of the neighborhood. The following General Plan Policies are implemented with this Project: Land Use Policy 3.15 – The Project provides on-site recreational open space as required by the General Plan. Land Use Policy 3.16 – The Project provides single family residential units at a scale and density consistent with the surrounding uses and satisfy the City’s objective for transitional development. Land Use Policy 3.20 – The Project enhances and preserves the characteristics of the existing surrounding neighborhoods. 3. That the site is physically suitable for the type of development; Project Compliance: Yes. This project does not approve any construction or physical improvements. 4. That the site is physically suitable for the proposed density of development; Project Compliance: Yes. This project does not approve any construction or physical improvements. 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. This project does not approve any construction or physical improvements. 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 with the implementation of mitigation measures          PLANNING COMMISSION RESOLUTION NO. 2906 3 explained in the Mitigated Negative Declaration. This project does not approve any construction or physical improvements. 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 can be deemed exempt from CEQA under CEQA Guidelines Section 15061(b)(3) Common Sense rule. The Project does not allow any construction or land use alteration and will have no impact on environment. SECTION 5. Project Approval. The Planning Commission hereby recommends approval of TTM 39276. 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:          PLANNING COMMISSION RESOLUTION NO. 2906 4 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. TTM 39276 . ADOPTED ON November 4, 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. 2906 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 November 4, 2025, by the following vote: AYES: COLLUM, GREENWOOD, HOLT, MEYERHOFF NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: NICKERSON 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