HomeMy WebLinkAboutRes 2026-011RESOLUTION NO. 2026-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DENYING AN APPEAL AND CONFIRMING THE
DECISION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, TO ADOPT AN INITIAL STUDY MITIGATED
NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A PRECISE
PLAN FOR THE CONSTRUCTION OF A 546 SINGLE FAMILY UNIT
RESIDENTIAL COMMUNITY LOCATED SOUTH OF FRANK SINATRA
DRIVE AND WEST OF PORTOLA AVENUE, AND FINDING THE
PROJECT EXEMPT FROM CEQA PURSUANT TO STATE CEQA
GUIDELINES SECTION 15183
CASE NO. PP/EA 25-0003
WHEREAS, Blue Fern West (“Applicant”) submitted a Precise Plan and Initial
Study/Mitigated Negative Declaration (IS/MND) to construct 546 single -family residences
on approximately 81 acres, including onsite circulation, utility infrastructure, stormwater
facilities, lighting, and open space areas, located south of Frank Sinatra Drive and west
of Portola Avenue on Assessor’s Parcel Number 620-170-009 (“Project”); and
WHEREAS, the Project is located within the Planned Residential (PR)-22 zoning
district, designated Town Center Neighborhood by the Palm Desert General Plan, and is
consistent with the City’s PR-22 density designation (7–22 dwelling units per acre); and
WHEREAS, the Project establishes site layout, minimum lot sizes, circulation,
recreation and open space areas, and the location of single - and two-story homes
distributed across four planning areas, including the allowance of two -story homes along
the eastern perimeter of the Project; and
WHEREAS, the Project is consistent with the land use, zoning, and density
designations established by the City of Palm Desert 2016 General Plan Update, which
was evaluated in a certified Environmental Impact Report (General Plan EIR); and
WHEREAS, the Applicant submitted a General Plan Consistency Memorandum
dated February 4, 2026, which provides additional evidence demonstrating the Project’s
consistency with the 2016 General Plan and further substantiates reliance on CEQA
Guidelines Section 15183, and which has been reviewed by City staff and incorporated
into the administrative record; and
WHEREAS, pursuant to Public Resources Code Section 21067, CEQA Guidelines
Section 15367, and the City of Palm Desert Local CEQA Guidelines, the City is the lead
agency for the Project; and
WHEREAS, the Initial Study/Mitigated Negative Declaration identifies potential
environmental impacts and incorporates mitigation measures and a Mitigation Monitoring
and Reporting Program to ensure that all impacts are reduced to a less -than-significant
level; and
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WHEREAS, an Initial Study was prepared in accordance with CEQA, the State
CEQA Guidelines, and the City’s 2024 Local Guidelines for Implementing the California
Environmental Quality Act (Resolution No. 2024 -035), and concluded that a Mitigated
Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP)
were appropriate because the Project would not result in significant environmental
impacts with mitigation incorporated; and
WHEREAS, the City published a Notice of Intent to Adopt a Mitigated Negative
Declaration on October 1, 2025, and provided a public review period from October 1,
2025 through October 20, 2025, during which comment letters were received from the
Department of Toxic Substances Control (DTSC) and the California Department of Fish
and Wildlife (CDFW); and
WHEREAS, although CEQA does not require written responses to comments on
an MND (CEQA Guidelines Section 15088), written responses were prepared and
incorporated into the IS/MND, resulting in revisions to biological resources mitigation
measures and clarification of hazards and hazardous materials analysis, none of which
constituted substantial revisions requiring recirculation pursuant to CEQA Guidelines
Section 15073.5; and
WHEREAS, on November 18, 2025, the Palm Desert Planning Commission
conducted a duly noticed public hearing and approved the Project and adopted the MND
and MMRP via Planning Commission Resolution No. 2904; and
WHEREAS, on November 18, 2025, the Planning Commission also approved
Tentative Tract Maps 39159 and 39160 via Planning Commission Resolutions 2905 and
2907, respectively, which were found to be consistent with the MND and MMRP; and
WHEREAS, Palm Desert Municipal Code Section 25.60.080 establishes a 15 -day
appeal period for Planning Commission land use decisions and designates the City
Council as the appeal authority; and
WHEREAS, on November 24, 2025, within the required appeal period, the City
received a timely appeal and fee from Supporters Alliance for Environmental
Responsibility (“Appellant”), appealing Planning Commission Resolution No. 2904 on the
basis that an Environmental Impact Report (EIR) should have been prepared due to
alleged impacts to air quality and biological resources; and
WHEREAS, pursuant to PDMC Section 25.60.080, the City Council scheduled a
duly noticed public hearing on the appeal for January 8, 2026, as agreed to by the
Applicant and Appellant; and
WHEREAS, the City Council opened the public hearing on January 8, 2026, and,
at the request of both the Applicant and Appellant, continued the hearing to a date certain
of February 12, 2026, to allow additional time for review and response to comments
submitted by SAFER on January 6, 2026; and
WHEREAS, the City Council has reviewed and considered the Appellant’s
comment letter dated January 6, 2026, and the Applicant’s response letter dated January
28, 2026, the General Plan Consistency Memorandum dated February 4, 2026, and the
entire administrative record; and
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WHEREAS, pursuant to CEQA Guidelines Section 15183(a) and (h ), a project
consistent with the development density established by an adopted General Plan for
which an EIR has been certified shall not require additional environmental review except
to examine whether the project would result in significant effects that are peculiar to the
project or its site; and
WHEREAS, the City Council finds that the Project would not result in any
significant effects that are peculiar to the Project or its site, that were not previously
analyzed as significant effects in the certified 2016 General Plan EIR (State
Clearinghouse No. 2015081020) and that the Appellant ha s not presented substantial
evidence demonstrating the existence of any such peculiar impact requiring preparation
of an Environmental Impact Report:
• Adequately addressed in the General Plan EIR, or
• Mitigated through compliance with City standards, adopted mitigation measures,
and conditions of approval; and
WHEREAS, the IS/MND and supporting technical studies constitute substantial
evidence in the record demonstrating that the Project qualifies for CEQA streamlining
pursuant to CEQA Guidelines Section 15183; and
WHEREAS, on February 12, 2026, the City Council resumed the duly noticed
public hearing and considered the entire administrative record, including the IS/MND,
technical studies, agency comments, responses to comments, the staff report, the
Applicant’s response, and all testimony presented; and
WHEREAS, based on substantial evidence in the record, the City Council finds
that the IS/MND provides a complete, objective, and accurate analysis of the Project’s
environmental impacts, reflects the independent judgment of the City as lead agency, and
that there is no substantial evidence supporting a fair argument that the Project may result
in significant environmental impacts requiring preparation of an EIR; 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 City Council did
find the following facts and reasons, which are outlined in the staff report, exist to justify
denial of the appeal and confirmation of the Planning Commission approval .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are
true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. Appeal Determination. The City Council confirms the decision by
the Planning Commission approving the Project and following the City Council’s action,
the City shall file the appropriate Notice of Determination and/or Notice of Exemption
within five (5) working days in accordance with CEQA.
SECTION 3. Execution of Resolution. The Mayor signs this Resolution, and the
City Clerk shall attest and certify to the passage and adoption thereof.
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ADOPTED ON FEBRUARY 12, 2026.
EVAN TRUBEE
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2026-011 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on February 12, 2026, by
the following vote:
AYES: HARNIK, NESTANDE, PRADETTO, QUINTANILLA, AND TRUBEE
NOES: NONE
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 ______________.
ANTHONY J. MEJIA
CITY CLERK
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2/20/2026