HomeMy WebLinkAboutRes 2026-054Resolution No. 2026-054
A Resolution of the City Council of the City of Palm Desert, California,
Approving a Hillside Development Plan for the Construction of a New Single
Family Residence at 47780 Calle de Los Campesinos and Finding the Project
Exempt from Environmental Review in Accordance with the California
Environmental Quality Act
Case No. PP25-0001
Whereas, Michael Hanes (“Applicant”), submitted a Hillside Development Plan
(“HDP”), under Precise Plan application No. PP25-0001 to allow the construction of a new
one-story, 7,600 square-foot single-family residence located at 47780 Calle de Los
Campesinos (APN 628-140-008) (“Project”); and
Whereas, the Project site is located within the Hillside Planned Residential (“HPR”)
zoning district, and is designated Residential by the Palm Desert General Plan; and
Whereas, the proposed Project conforms to the General Plan land use designation
of Residential and development standards listed in the City’s Zoning Ordinance for the
HPR zoning district; 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 of 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 eligible for an exemption pursuant to Article 19,
Section 15303, New Construction or Conversion of Small Structures (Class 3); therefore,
no further environmental review is necessary at this time; and
Whereas, the Architectural Review Commission (ARC) of the City of Palm Desert,
California, did on June 9, 2026, approve a design review for the Project; and
Whereas, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of July 2026, hold a duly noticed public hearing and adopted a resolution
recommending the City Council approve of the above-noted Project request; and
Whereas, the City Council of the City of Palm Desert, California, did on the 20th day
of August 2026, hold a duly noticed public hearing to consider the request by the Applicant
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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 City Council 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 City Council of the City of Palm Desert 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. CEQA.
The application 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 City Council find that the Project is exempt from
CEQA pursuant to Section 15303 New Construction or Conversion of Small Structures,
(“Class 3”).
The City of Palm Desert, in its capacity as Lead Agency under the California Environmental
Quality Act (CEQA), has reviewed the proposed project for compliance with CEQA. The
Project has been reviewed through the City’s Hillside Development Plan process to
evaluate grading, siting, visual impacts, hillside disturbance, and consistency with
applicable development standards. In accordance with the State CEQA guidelines, the
Project is categorically exempt pursuant to State CEQA Guidelines Section 15303 – Class 3
New Construction or Conversion of Small Structures, in that the Project consists of
construction and location of limited numbers of new, small structures. Examples of Class
3 exemptions include single-family residence, second dwelling units, duplexes, and multi-
family residential structures totaling no more than four dwelling units. Here, the Project
consists of a Hillside Development Plan for the construction of one new 7,600 square-foot
single-family residence and related site improvements at 47780 Ca lle de Los Campesinos
within the Hillside Planned Residential zone. Therefore, the Project fits within a Class 3
exemption.
Pursuant to CEQA Guidelines Section 15300.2, the City Council find s that none of the
exceptions to the use of a categorical exemption apply:
1. Location: The Project site is not located within an environmentally sensitive area
where the Project may have a significant adverse impact on an environmental
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resource of hazardous or critical concern designated, precisely mapped, and
officially adopted pursuant to law by federal, state, or local agencies. The Project
site is not located within a conservation area identified by the Coachella Valley
Multiple Species Habitat Conservation Plan (CVMSHCP).
2. Cumulative Impact: The Project, consisting of a single-family residence and
associated site improvements, will not result in successive projects of the same
type in the same place over time that would create a significant cumulative impact
on the environment.
3. Significant Effect: There are no unusual circumstances associated with the Project
or Project site that would result in a reasonable possibility of a significant effect on
the environment. The residence is proposed on an existing legal residential parcel
and is consistent with surrounding residential development and applicable hillside
development standards.
4. Scenic Highways: The Project site is not located within a state-designated scenic
highway corridor, and the Project will not damage scenic resources, including trees,
rock outcroppings, or historic buildings, within a designated scenic highway
corridor.
5. Hazardous Waste Site: The Project site is not included on any list compiled
pursuant to Government Code Section 65962.5 and is not identified as a hazardous
waste site.
6. Historical Resources: The Project site is a vacant parcel and does not contain any
designated historical resource. The Project will not cause a substantial adverse
change in the significance of a historical resource.
Section 3. Findings on Precise Plan. In approving of this Project, the City Council
under Palm Desert Municipal Code (PDMC) Section 25.72.030(E), the following findings are
required before granting a Precise Plan:
1. The Precise Plan has been reviewed in consideration of the size and shape of the
site and the existing and proposed zoning and land uses of the subject property and
surrounding area. Appropriate conditions and restrictions have been imposed,
where necessary, to ensure the project provides the same degree of use and
enjoyment of the subject property and the same degree of protection for adjoining
properties as would be achieved through the standard development regulations of
the Palm Desert Municipal Code. As conditioned, the project will not result in
substantial depreciation of nearby property values or unreasonable interference
with the lawful use and enjoyment of surrounding properties and is consistent with
the public peace, health, safety, and general welfare.
2. The proposed Precise Plan, as conditioned, has been designed to avoid substantial
adverse impacts on surrounding properties and the community. The project will not
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substantially depreciate nearby property values, unreasonably interfere with the
lawful use and enjoyment of adjacent properties, or endanger the public peace,
health, safety, or general welfare. Therefore, the findings required for approval of
the Precise Plan can be made.
3. A Design Review for the project architecture was reviewed and approved as
required by the Architectural Review Commission on June 9, 2026.
Section 4. Project Approval.
The City Council hereby approves of PP25-0001, subject to the conditions of approval
identified in Exhibit A.
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.
Adopted on August 20, 2026.
______________________________________
Evan Trubee
Mayor
Attest:
_____________________________________
Anthony J. Mejia
City Clerk
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I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No.
2026-054 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 August 20, 2026, by the following vote:
Ayes: Harnik, Moreno, Nestande, Pradetto, 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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8/24/2026
Resolution No. 2026-054 Page 6
Exhibit A
Conditions of Approval
Case No. PP25-0001 (Precise Plan)
Planning Division:
1. The development of the property shall conform substantially with the approved plans
and exhibits on file with the Development Services Department, except as modified by
the following conditions. Any variation from the approved plans must be reviewed and
approved by the Planning Division prior to building permit issuance and may require
review and approval by the ARC, Planning Commission, and/or City Council.
2. 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 Approv als
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 acti on 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 actio n
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 confidentiali ty
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 con sent,
which consent shall not be unreasonably withheld, conditioned, or delayed unless the
Developer materially breaches this indemnification requirement.
3. The development of the property described herein shall be subject to the restrictions
and limitations set forth herein, which are in addition to all municipal ordinances and
state and federal statutes now in force, or which hereafter may be in force.
4. All conditions are subject to field verification. The City may withhold building or
occupancy permits until compliance with applicable conditions are demonstrated.
5. Prior to issuance of a building permit for construction of any use contemplated by this
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approval, the applicant shall first obtain permits and/or clearance from the following
agencies:
Building & Safety Division
City Fire Marshal
Public Works Department
Coachella Valley Water District
Evidence of said permit or clearance from the above agencies shall be presented to the
Department of Building & Safety at the time of issuance of a building permit for the use
contemplated herewith.
6. Any proposed change to the Precise Plan will require an amendment, which will result
in a new public hearing.
Engineering:
1. The following plans are hereby referenced: Preliminary Grading Exhibit prepared by
Egan Civil, Inc. on March 16, 2026.
2. It is assumed that all easements shown on the Preliminary Grading Exhibit are
accurately depicted and include all easements affecting the subject property. A current
Preliminary Title Report (dated within 30 days of technical plan submittal) shall be
provided. The Applicant shall obtain written authorization from all affected easement
holders for any grading or improvements proposed within an easement or provide
evidence that the easement has been relocated, quitclaimed, vacated, abandoned, or
is otherwise no longer in effect. Proof shall be submitted to the Land Development
Department prior to issuance of the grading permit.
3. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20
Stormwater Management and Discharge Ordinance.
4. Prior to a grading permit, the Applicant shall prepare a final grading plan for the site. No
grading or other improvements shall be permitted until a final grading plan has been
approved by the City Engineer. Grading plans and all grading shall conform to the
approved Preliminary Grading Exhibit, the California Building Code, Palm Desert
Municipal Code (PDMC) Title 27 Grading, and all other relevant laws, rules, and
regulations governing grading in the City of Palm Desert.
a. The final grading plans shall show and identify all proposed onsite
improvements in accordance with the approved preliminary grading exhibit.
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b. All private improvements shall be kept within private property. Non -standard
encroachments into proposed public right-of-way will not be permitted, unless
clearly identified on these conditions of approval.
c. The soils report shall be submitted with the precise grading plan.
d. The project’s Geotechnical Engineer shall sign the final grading plans.
e. The grading plan shall identify all proposed and existing utilities.
f. The grading plan shall include an erosion control plan.
5. Prior to issuance of the grading permit for the development, the Applicant shall pay all
appropriate fees in accordance with the City’s Municipal Code.
6. Prior to the issuance of a grading permit, the Applicant shall submit a PM10 application
for review and approval. The Applicant shall comply with all provisions of PDMC
Section 24.12 regarding Fugitive Dust Control.
7. Prior to approval of the grading plan, the Applicant shall prepare a detailed final
hydrology and hydraulics report for approval of the City Engineer. The report shall
include all onsite and tributary drainage areas and demonstrate compliance with the
City's stormwater retention requirements.
a. Site is required to handle the 100-year 24-hour event. Final report shall show the site is
designed to meet requirement.
b. Design shall incorporate emergency overflow outlet in the event the drainage
improvements exceed full capacity.
c. A maximum infiltration rate of 1 inch/hour is allowed to be used for this project per the
City of Palm Desert Stormwater Infiltration Rate Policy otherwise as approved by the
City Engineer.
8. The applicant shall demonstrate a positive method of conveying overflow from the site
to the adjacent Coachella Valley Water District (CVWD) channel. Overflow facilities
shall be designed to safely convey flows without causing erosion or impacts to
adjacent properties. Prior to grading permit issuance, the applicant shall obtain all
required approvals, permits, and a recorded discharge agreement or other written
authorization from the Coachella Valley Water District for any proposed discharge to
the CVWD facility. Copies of the executed agreement(s) shall be submitted to the City.
9. Prior to grading permit issuance it shall be the sole responsibility of the Applicant to
obtain any and all proposed or required easements and/or permissions necessary to
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perform the grading shown on the preliminary site plan exhibit. Proof shall be provided
to the Land Development Department prior to issuance of grading permit.
10. Prior to issuance of grading permit, where grading involves import or export, the
Applicant shall obtain relevant permits, from the Public Works Department where the
material is coming from or going to, including import/export quantities and hauling
route.
11. Prior to grading permit sign-off, the final grade certification shall be submitted in
conformance with the approved grading plans. The Engineer of Record shall certify the
completion of grading in conformance with the lines and grades shown on the
approved grading plans.
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