HomeMy WebLinkAboutRes No. 2911 PDCC TTM39282PLANNING COMMISSION RESOLUTION NO. 2911
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, FINDING THE PROJECT CONSISTENT WITH THE
PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION
PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) AND APPROVING A TENTATIVE TRACT MAP 39282
REQUEST BY WILF WEINKAUF TO SUBDIVIDE AN EXISTING
CONDOMINIUM MAP INTO TWO LOTS LOCATED NORTHWEST OF FRED
WARING AND WARNER TRAIL APN: 637-190-040
CASE NO. TTM25-0002 (TTM 39282)
WHEREAS, Wilf Weinkauf (“Applicant”) submitted a Tentative Tract Map application
to subdivide an existing 13.28-acre parcel into two (2) residential lots, consisting of one (1)
lot intended for condominium purposes and one (1) single-family residential lot, located within
the Villas at Palm Desert at APN 637-190-040 (“Project”); and
WHEREAS, the Project would subdivide a portion of the previously approved
Tentative Tract Map No. 37240 (“Site A”) and would formalize lot boundaries associated with
existing or previously approved development without increasing residential density or
expanding the approved development footprint; and
WHEREAS, the Project Site is currently developed with an existing model home,
partially constructed residential units, and associated improvements, and no additional
grading, disturbance area, or infrastructure improvements are proposed; and
WHEREAS, the Project Site is located within the Mixed Residential District (R-2)
zoning district and is designated Golf Course & Resort 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 Local CEQA Guidelines, the City of Palm Desert 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 of Palm
Desert,” Resolution No. 2024-035, in that the Director of Development Services has
determined the Project is consistent with the previously adopted Mitigated Negative
Declaration associated with Tentative Tract Map No. 37240, and no further environmental
review is required; and
WHEREAS, the Development Services Department did publish a public hearing notice
in The Desert Sun newspaper on January 10, 2026, as prescribed by the Palm Desert
Municipal Code. Public hearing notices were also mailed to all property owners within 1,000
feet of the Project Site; and
PLANNING COMMISSION RESOLUTION NO. 2911
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WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the January 20, 2026, hold a duly noticed public hearing to consider the request by Wilf
Weinkauf 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; 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.
SECTION 2. Findings on Tentative Tract Map. Under PDMC Section 26.20.100(C), the
findings for the Tentative Tract Map are the following:
1. That the density of the proposed subdivision is consistent with applicable general
and specific plans.
Project Compliance: Yes. The Project Site is designated Golf Course & Resort
Neighborhood by the Palm Desert General Plan and zoned Mixed Residential
District (R-2), which allows single-family and multifamily residential uses. The
proposed Tentative Tract Map does not increase the previously approved
residential density and is consistent with the General Plan designation. No specific
plan applies to the site.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
Project Compliance: Yes. The proposed Tentative Tract Map formalizes lot
boundaries associated with existing or previously approved development. The
subdivision design, circulation, and infrastructure remain consistent with the
previously approved project and applicable General Plan policies. There is no
specific plan for this area.
3. That the site is physically suitable for the type of development.
Project Compliance: Yes. The Project Site is located within the established Palm
Desert Country Club community and is surrounded by existing residential
development. The site is already partially developed with approved residential
improvements, demonstrating that it is physically suitable for the proposed
subdivision.
PLANNING COMMISSION RESOLUTION NO. 2911
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4. That the site is physically suitable for the proposed density of development.
Project Compliance: Yes. The proposed subdivision does not increase
development intensity or density beyond what was previously approved under
Tentative Tract Map No. 37240. Existing access, utilities, and infrastructure
adequately serve the site.
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 Project is consistent with the previously adopted
Mitigated Negative Declaration associated with Tentative Tract Map No. 37240.
No additional grading, disturbance, or expansion of the approved development
footprint is proposed, 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 Project will continue to comply with all applicable
health, safety, water, sewer, and building regulations. No new improvements are
proposed that would result in public health concerns.
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 39282 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 Planning Commission finds that the Project has complied
with the requirements of the “2024 Local Guidelines for Implementing the California
Environmental Quality Act for the City of Palm Desert,” Resolution No. 2024-035, and is
consistent with the previously adopted Mitigated Negative Declaration associated with
Tentative Tract Map 37240. No further environmental review is required.
SECTION 4. Project Approval. The Planning Commission hereby recommends
approval of TTM25-0002.
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.
PLANNING COMMISSION RESOLUTION NO. 2911
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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.
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. TTM25-0002,
pursuant to the conditions of approval in Exhibit A.
ADOPTED ON January 20, 2026.
LINDSAY HOLT
CHAIRPERSON
ATTEST:
ROSIE LUA
SECRETARY
I, Rosie Lua, Secretary of the City of Palm Desert Planning Commission, hereby certify
that Resolution No. 2911 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 January 20, 2026, by the
following vote:
AYES: COLLUM, GREENWOOD, HOLT, MEYERHOFF, NICKERSON
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 March _30_, 2026.
ROSIE LUA
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2911
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EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. TTM25-0002 (TTM 39282)
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 TTM25-0002 on file in the Development Services Department, except as
modified by the following conditions.
4. 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.
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.
6. This project shall comply with all conditions of approval contained in Tentative Tract Map
37240 and Precise Plan 16-280, pursuant to which the project has been designed.
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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. TTM39282 does not have include any approvals for pad elevation changes from originally
approved map.
9. Prior to map approval, the applicant shall post a performance bond, in a form and amount
acceptable to the City, to guarantee the installation of a 6-foot perimeter decorative
colored block wall around Lot 2. The bond shall remain in effect until the perimeter wall
has been fully constructed and inspected and accepted by the City.
LAND DEVELOPMENT:
10. The following exhibits are hereby referenced: Preliminary Grading Plan and Tentative
Tract Map No. 39282, prepared by Saxon Engineering Services, Inc.
11. The map shall comply with the State of California Subdivision Map Act and with the
City of Palm Desert Municipal Code Title 26, unless otherwise modified by the
conditions listed herein.
12. It is assumed that easements shown on the preliminary grading 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 technical plan
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 configuration as may be necessary.
13. It is understood that the referenced exhibits correctly show acceptable centerline
elevations, all existing easements, traveled ways, and drainage courses with
appropriate Qs, and that the omission or unacceptability may require that the Applicant
amend or revise the site plan as may be.
14. Prior to map approval, applicant shall submit to the City approval from the California
Department of Real Estate (DRE) in the form of a letter, certificate, or equivalent (to
the discretion of the Director of Development Services) approving boundary of
condominium map boundary modification. The letter shall clearly state that steps
required, if any, for the land owner to modify previously approved Condominium map.
15. All utility extensions within the site shall be placed underground unless otherwise
specified or allowed by the respective utility purveyor.
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16. The final subdivision map shall be recorded prior to the issuance of any grading
permits associated with this subdivision. No stockpiling permits shall be issued in
conjunction with this subdivision map.
17. All drainage and storm drain improvements shall be designed per PDMC Title 24,
Riverside County Flood Control and Water Conservation District’s standards for the
Drainage Element of the Palm Desert General Plan, and all other relevant laws, rules,
and regulations governing grading in the City of Palm Desert.
18. Prior to map approval, the Applicant shall submit improvement plans for public
improvements required at the proposed access points to the subdivision. Including the
proposed street intersection at Tennessee Avenue, proposed street intersection at
Kentucky Avenue, and proposed access to Lot 2. Improvements include:
A. Right-of-way dedication at project driveways required to accommodate ADA-
compliant public infrastructure within public right-of-way. If needed, it shall be
dedicated on the final map.
B. Street improvements include sidewalk, curb, and gutter transitioning to existing
improvements.
C. Improvements at street intersections include curb ramps compliant with current
accessibility requirements (ADA) at crossings (including receiving curb ramps);
and signing and striping. Curb ramps at the proposed southerly access to cross
Kentucky Avenue will not be required.
D. Applicant will be responsible for providing repairs to existing infrastructure and
facilities damaged and/or affected by construction operations.
19. The final map may not be approved until the required improvements, as identified on
these Conditions of Approval, have been satisfactorily constructed and approved by
the City Engineer; or until an adequate security has been posted with the City, in
accordance with Palm Desert Municipal Code Title 26. If construction is not completed
prior to map recordation, the Applicant shall enter into a subdivision improvement
agreement and post financial securities with the City for the required public
improvements prior to map approval. The form and amount of the financial security
shall be reviewed and approved by the City and be in compliance with PDMC Sections
26.28.030 and 26.28.040.
20. Prior to the map approval, the Applicant shall submit grading and improvement plans
for proposed private internal road to the subdivision for review and approval of the City
Engineer.
A. Applicant shall submit grading plans showing drainage separation between the
two newly formed parcels.
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B. Applicant shall submit street plans for offsite improvements.
C. Applicant shall dedicate an access easement for emergency vehicles.
D. Signing and striping shall be part of the plans and shall include stop signs and
stop bars for vehicles exiting the site.
E. All private improvements shall be kept within private property. Non-standard
encroachments into proposed public right-of-way are not permitted, unless
clearly identified on these Conditions of Approval.
21. Prior to final map approval, the Applicant shall enter into an agreement and post
financial security guarantee for the construction of all off-site/public improvements in
accordance with Chapter 27.24 of the Palm Desert Municipal Code. The form and
amount of the financial security shall be reviewed and approved by the City Engineer.
The Applicant shall guarantee all improvements for a period of one (1) year from the
date of final acceptance and the improvement guarantee as required by the Palm
Desert Municipal Code in the amount of ten percent of the surety posted for the
improvements. The Applicant shall also post bonds for monumentation.
END OF CONDITIONS OF APPROVAL