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HomeMy WebLinkAboutRes No. 2905 TTM 39159 Mstr Infrastructure MapPLANNING COMMISSION RESOLUTION NO. 2905 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 39159 FOR MASTER INFRASTRUCTURE DEVELOPMENT LOCATED SOUTH OF FRANK SINATRA DRIVE AND WEST OF PORTOLA AVENUE CASE NO. TTM 39159 Master Infrastructure Map WHEREAS, Blue Fern West (“Applicant”), submitted Tentative Tract Map 39159 to subdivide a 81.43-acre property into eleven (11) lots for future residential development (“Project”). The Project includes subdividing the property as follows: one (1) lot for an existing cell tower, four (4) lots for future residential subdivision as identified in TTM 39160, one (1) lot for a future recreation area, one (1) lot for a private interior collector road, three (3) lots for retention, and one (1) lot for open space. 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 purposes of developing master infrastructure for future development of residential subdivisions. Individual residential lots are not proposed or approved for TTM 39159 and would be subject to TTM 39160; 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 is consistent with the Initial Study Mitigated Negative Declaration that was prepared and approved via Planning Commission Resolution 2904; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th 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.         PLANNING COMMISSION RESOLUTION NO. 2905 2 SECTION 2. Findings on Tentative Parcel Map TTM 39159. Under Palm Desert Municipal Code Section 26.20.100(C), the findings for the TTM are the following: 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 master infrastructure development as identified in the project approvals 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 has been reviewed to be in compliance with proper drainage and grading, per the preliminary mass grading exhibit, and per conditions of approval attached as Exhibit A. 4. That the site is physically suitable for the proposed density of development; Project Compliance: Yes. Project does not approve any density of individual lots. 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;         PLANNING COMMISSION RESOLUTION NO. 2905 3 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 explained in the Mitigated Negative Declaration. This project does not approve any construction of individual lots but approves master infrastructure. 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 not exempt from CEQA pursuant to Section 15303 of the State CEQA guidelines. The prepared Mitigation Negative Declaration approved via Planning Commission Resolution 2904 and associated mitigation measures is the proper level of CEQA analysis. SECTION 5. Project Approval. The Planning Commission hereby recommends approval of TTM 39159, subject to the conditions of approval listed as Exhibit A. 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.         PLANNING COMMISSION RESOLUTION NO. 2905 4 . ADOPTED ON November 18, 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. 2905 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 18, 2025, by the following vote: AYES: GREENWOOD, HOLT, MEYERHOFF NOES: NONE ABSENT: COLLUM 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 January _28_, 2026. ROSIE LUA SECRETARY         EXHIBIT A CONDITIONS OF APPROVAL CASE NO. TTM 39159, Master Infrastructure Map 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. The map shall conform to the City-approved hydrology, WQMP, and utility plans. 3. Dedicate all required public utility easements and right-of-way at Frank Sinatra Drive and Portola Avenue. 4. 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"). The final map shall be approved by the City Council and recorded prior to the issuance of any grading permits associated with this map. 5. The development of the property shall conform substantially with the approved exhibits contained in PP25-0003 and TTM 39159 on file in the Development         PLANNING COMMISSION RESOLUTION NO 2905 Services Department, except as modified by the following conditions. 6. The Tentative Tract 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 or any extension legislation from the Governor or State Legislature. 7. 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. 8. Prior to Final Map approval, “will serve” letters shall be obtained from all affected agencies, including the jurisdictional Coachella Valley Water District Southern California Edison, Spectrum Cable, Frontier Telephone and Burrtec Waste and Recycling of the Desert. 9. Prior to Final Map approval, all proposed street names and addresses shall be submitted to and approved by the Development Services Director, in consultation with the Planning, Police, and Fire Departments, and shown on the Final Map. 10. Prior to Final Map approval, the applicant shall prepare draft Conditions, Covenants and Restrictions (CC&Rs) to the satisfaction of the City Attorney and City Engineer. Said CC&Rs shall be responsible for the ongoing and perpetual maintenance of all common areas and improvements established and required within the tentative map area. The CC&Rs shall include but not be limited to provisions for the ongoing maintenance of private interior streets, recreational amenities, landscaping (including street parkways, landscape easements, parks and drainage facilities, including pipelines and retention basins), blowsand and nuisance water mitigation features (e.g. fencing, landscaping irrigation, sand impoundment areas, and soil stabilization, bubblers), and the ongoing maintenance of the exterior of any project perimeter walls including graffiti removal, as applicable within the map. The CC&Rs shall have clearly labeled exhibit(s) that demonstrate maintenance obligations. The CC&R’s shall be recorded subsequent to the recordation of the final map. A) The CC&Rs shall clearly state that all private onsite drainage facilities, including pipelines and basins, are the responsibility of the assigned owner(s) for regular upkeep and maintenance. B) The CC&R's shall include, but not be limited to, maintenance mechanism and responsibilities for proposed private street (Lot “A”), 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 BMPs associated with the development of the site. 11. Prior to Final Map approval, grading plans associated with this map shall be submitted for review and approval for the purposes of security satisfactory to the city engineer and agreements pursuant to PDMC Chapter 27.         PLANNING COMMISSION RESOLUTION NO 2905 12. No Grading permit will be issued without the recordation of the Final Map associated with this subdivision. No stockpiling permits shall be issued in conjunction with this subdivision map. 13. The applicant shall comply with the Mitigation Monitoring and Reporting Program adopted with the Catavina IS/MND. All mitigation measures shall be implemented at the timing specified therein, and verification shall be provided to the Planning Division. 14. In the event that any human remains are discovered the applicant shall cease all work and contact the Riverside County Coroner’s Office and work shall not resume until such time that the site has been cleared by County Coroner and/or the Palm Desert Sherrif’s Office. The applicant will also be required to consult with the Agua Caliente Tribal office. 15. During grading and construction, the applicant shall implement SCAQMD Rule 402 and 403 dust-control measures, including daily watering, covering of haul trucks, stabilization of access points, and vehicle idling limits of 5 minutes. 16. Prior to Final Map approval, the Applicant shall pay all applicable City of Palm Desert fees, charges and other costs such as development impact fees as prescribed by City Ordinance. The applicant is hereby advised that the fees may change at the time they become due and payable, as permitted by applicable law. NOTICE TO APPLICANT: Pursuant to Government Code Section 66020(d)(1), the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this approval and any such protest must be in a manner that complies with Section 66020(a), and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project. 17. All subdivision signs shall be subject to Palm Desert Sign Code and approved separately. 18. A signed copy of all pages of this Resolution of approval shall be printed onto the first page of the construction drawings upon submittal for construction permits. 19. Lots 1 is approximately 1.61 acres to be reserved for existing private infrastructure. Lot 6 is approximately 4 acres to be reserved for a future recreation area. Engineering/Land Development 20. The following plans are hereby referenced: Tentative Tract Map No. 39159 prepared by MSA Consulting and dated September 19, 2025 and Preliminary Mass Grading Exhibit dated September 19, 2025. 21. It is assumed that easements shown on the Tentative Tract Map exhibit are shown correctly and include all the easements that encumber the subject property. A         PLANNING COMMISSION RESOLUTION NO 2905 current preliminary title report (30 days current) for the site shall be submitted during final map and technical plan review. 22. 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 conditions of approval, City of Palm Desert Municipal Code Title 26, and the Subdivision Map Act California Code Section 66410 (et al). 23. 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 City. The Final Map shall include appropriate easements for streets, public utilities, and emergency access which shall be dedicated on the Final Map. Additional right-of- way at project driveways on Frank Sinatra Drive and Portola Avenue are required to accommodate ADA-compliant public infrastructure within public right-of-way shall be dedicated on the map. The final alignment at driveways shall be determined based on the improvement plans. 24. Prior to Final Map approval, the Applicant shall pay all appropriate drainage fees in accordance with the City’s Municipal Code Section 26.49 and Palm Desert Ordinance No. 653. 25. Prior to Final Map approval, the Applicant shall pay all appropriate park fees in accordance with the City’s Municipal Code Section 26.48.060. 26. In compliance with the City of Palm Desert Municipal Code Chapter 12.16.020, all utility extensions within the site shall be placed underground unless otherwise specified or allowed by the respective utility purveyor. 27. Prior to Final Map approval, the subdivider is responsible for the construction of all offsite and onsite public improvements as outlined on these conditions of approval or provide securities in bond form. Public improvements include those associated with Frank Sinatra Drive, Portola Avenue, and private backbone infrastructure to serve lots within the proposed subdivision TTM 39159 such as roadway, pedestrian facilities, and public utilities. 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. 28. 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 26 and as approved by the City Engineer.         PLANNING COMMISSION RESOLUTION NO 2905 29. Prior to Final Map approval, Subdivision Improvement Agreements and Security instruments shall be executed and security bonds posted for improvements pursuant to Palm Desert Municipal Code (PDMC) Section 26.24. 30. Prior to Final Map approval, the Applicant shall submit improvement plans for required improvements along Frank Sinatra 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) Right-of-way dedication to provide minimum 65-foot right-of-way from street centerline to property line. b) Additional right-of-way dedication at project driveways required to accommodate ADA-compliant public infrastructure within public right-of-way shall be dedicated. c) Street improvements include, but are not limited to, meandering sidewalk, landscaped parkway, and curb & gutter. d) Improvement plans shall include Class II Bicycle Lane along the project frontage per Coachella Valley AG Active Transportation Planning (CVAG ATP) Design Guidelines Section 5.3. 31. The Applicant shall guarantee all aforementioned improvements 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. 32. Prior to Final Map approval, the Applicant shall submit improvement plans for required improvements along Portola Avenue as outlined in these conditions of approval. The plans are required to be approved by the City Engineer prior to final map approval. a) Right-of-way dedication to provide minimum 65-foot right-of-way from street centerline to property line. b) Additional right-of-way dedication at project driveways required to accommodate ADA-compliant public infrastructure within public right-of-way shall be dedicated. C) Street improvements include, but are not limited to, meandering sidewalk, landscaped parkway, and curb & gutter. D) Improvement plans shall include Class II Bicycle Lane along the project frontage per Coachella Valley AG Active Transportation Planning (CVAG ATP) Design Guidelines Section 5.3. 33. Prior to Final map approval, the Applicant shall submit improvement plans for the intersection of Frank Sinatra Drive and proposed Street A/Hollister Drive for review and approval of the City Engineer. The intersection design shall provide a median crossover with directional left turn bays to prevent northbound and southbound left turns at the intersection. The storage capacity for turn bays shall be based on the         PLANNING COMMISSION RESOLUTION NO 2905 recommendations of a traffic engineer and subject to approval of the City Engineer. 34. As an alternative, prior to Final Map approval, the Applicant may propose to signalize the intersection and provide full intersection improvements including, but not limited to, traffic signal, pedestrian crosswalks, ADA compliant curb ramps, communication conduit, and any work or equipment to make the signal operational. In the event the intersection signalization is proposed, the Applicant shall submit a written request to the City’s Development Services Director and Public Works Director that includes a fiscal impact analysis for the proposed improvements. The improvements, including any changes due to re-alignment of the entryway off of Frank Sinatra Drive, shall be submitted for review and approval of the City Engineer. Revising the design to include a signal could require a Community Engagement meeting to residents within 1,000 feet that specifically shows the signal drawings, per request of the Development Services Director. The Applicant will be responsible for the full cost of design, permitting, construction, and related encumbrances for the signalization work. Applicant shall provide Security instruments to be executed and security bonds posted for said signal and include in the Subdivision Improvement Agreements. 35. Prior to Final Map recordation, the Applicant shall submit improvement plans for required improvements at the intersection of Frank Sinatra Drive and Portola as outlined in these conditions of approval. The plans are required to be approved by the City Engineer prior to final map approval. a) Modify to provide minimum 250-foot storage length for EB left turn lane (west leg of the intersection).