HomeMy WebLinkAboutC. TPM 35982 William Pope JHA Engineering, Inc. CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING COMMISSION STAFF REPORT
REQUEST: Approval of a tentative parcel map to subdivide a 1.16-acre parcel
into 13 parcels for condominium sale purposes. The property is
located at 74-794 42nd Avenue.
SUBMITTED BY: Missy Grisa
Assistant Planner
APPLICANT: William Pope/JHA Engineering, Inc.
41921 Beacon Hill, Suite A
Palm Desert, CA 92211
CASE NO(s): TPM 35982
DATE: August 5, 2008
I. EXECUTIVE SUMMARY:
Approval of TPM 35982 would allow the applicant to subdivide a 1.16 acre parcel
with an existing 21,262 square foot office / industrial building into 13 separate
parcels including air space for condominium sale purposes.
II. BACKGROUND:
A. Property Description:
On August 3, 2004, the Planning Commission approved Precise Plan 03-
23 allowing the development of a 21,262 square foot office / industrial
building with 53 parking spaces. The 50,665 square foot parcel is located
on the north side of 42nd Avenue, east of Corporate Way. The building is
set back 20' from the front property line, 32'-6" from the rear, 30' from the
west side, and 69'-6" from the east side. There are two (2) driveways on
42nd Avenue that will provide access to the project. Since the approval
date, the building has been constructed and is operating as an office /
industrial use.
B. General Plan Designation and Zoning:
General Plan: I-B.P. Industrial — Business Park
Zoning: S.I. Service Industrial
Staff Report
Case No: TPM 35982
Date: August 5, 2008
Page 2 of 4
C. Adjacent Zoning and Land Use:
North: S.I. / Burrtec Waste Industries
South: P.R. 14 & S.I. / Hovely Gardens & City Corporate Yard
East: S.I. / Intertile Building
West: S.I. / Glasstone Building
III. PROJECT DESCRIPTION:
The request for the new tentative parcel map will allow the owner to subdivide a
1.16 acre parcel with an existing 21,262 square foot building into 13 separate
parcels including air space for condominium sale purposes. The Subdivision Map
Act requires that a parcel map be recorded in order to further subdivide the
property. In addition, a condition of approval requires that the applicant file a
copy of the Covenants, Conditions, and Restrictions (CC & R's) for the common
area illustrated in Parcel 13.
IV. ANALYSIS:
In the following section, findings consider the effect of subdividing the one parcel
into thirteen, and that the resulting new lot lines would allow the existing
development to remain consistent with the surrounding environment. These
findings are required by Section 26.20.100, Planning Commission Action, of Title
26 subdivisions, of The Municipal Code.
Findings of Approval:
1. That the proposed map is consistent with applicable general and specific
plans.
The proposed Parcel Map is consistent with the Industrial-Business Park
designation in the General Plan and with the approved precise plan of
development.
2. That the design or improvements of the proposed map are consistent with
applicable general and specific plans.
The improvements were found by the Planning Commission to be
consistent with The General Plan designation prior to their construction.
This subdivision would not change the design of the previously constructed
improvements. The proposed design of the 13 new lots would not cause a
negative impact to the existing design, would comply with all zoning
ordinance requirements, and would retain consistency with the type of
Staff Report
Case No: TPM 35982
Date: August 5, 2008
Page 3 of 4
development stated in the Industrial-Business Park area General Plan
designation.
3. That the site is physically suitable for the type of development.
The site is currently developed with a suitable building, parking, and
pedestrian pathways. The proposed splitting of the parcel would not cause
change to the existing development pattern.
Improved streets with necessary utilities currently serve the property.
4. That the site is physically suitable for industrial /office development.
The site is within an existing industrial business park and all created lots
meet development standards for the City's Zoning Ordinance and General
Plan.
5. That the design of the Parcel Map or the proposed improvements is not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
The subject property was previously evaluated as part of Precise Plan 03-
23 and determined to be exempt from CEQA. The improvements have
already been constructed, so this subdivision will not result in any physical
changes to the environment and, therefore, will not result in any
environmental impacts.
6. That the design of the parcel or the type of improvements is not likely to
cause serious public health problems.
The design of the parcel map is consistent with all provisions of the Zoning
Ordinance and with the California Building Code with respect to public
health safety and welfare.
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.
There are no known public easements traversing through the site that will
be affected by the subdivision.
Staff Report
Case No: TPM 35982
Date: August 5, 2008
Page 4 of 4
V. ENVIRONMENTAL REVIEW:
The application is a Class 1 categorical exemption for purposes of CEQA and no
further documentation is necessary.
VI. CONCLUSION:
The request to subdivide a 1.16 acre parcel with an existing 21 ,262 square foot
building into 13 parcels for a property located at 74-794 42nd Avenue will not
cause any adverse impacts to the surrounding area, or to the quality of
surrounding environment.
VII. RECOMMENDATION:
That the Planning Commission adopt the findings for Tentative Parcel Map
35982 and adopt Planning Commission Resolution No. , approving
Tentative Parcel Map 35982, subject to the conditions attached.
VIII. ATTACHMENTS:
A. Draft Resolution
B. Legal Notice
C. Exhibits—Tentative Parcel Map
Submitted by: Department Head:
-447ij2
Missy Grisa Lauri Aylaian
Assistant Planner Director of Community Development
Approval:
Homer Cro
ACM for Dev ent Services
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
35982 SUBDIVIVING A 1.16 ACRE PARCEL WITH AN EXISTING 21,262
SQUARE FOOT OFFICE / INDUSTRIAL BUILDING INTO 13 SEPARATE
PARCELS INCLUDING AIR SPACE FOR CONDOMINIUM SALE
PURPOSES LOCATED AT 74794 42ND AVENUE.
CASE NO. TPM 35982
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 5th day of August 2008, hold a duly noticed public hearing to consider the request
by WILLIAM POPE/JHA ENGINEERING, INC. for approval of the above noted; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act",
Resolution No.06-78, in that the Director of Community Development has determined that
the project will not have a negative impact on the environment and that the application is
a Class 1 Categorical Exemption for purposes of CEQA, and therefore no further
documentation is necessary; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did find the following facts and reasons exist to justify the approval of said
request:
1. That the proposed map is consistent with applicable general and specific
plans.
The proposed Parcel Map is consistent with the Industrial-Business Park
designation in the General Plan and with the approved precise plan of
development.
2. That the design or improvements of the proposed map are consistent with
applicable general and specific plans.
The improvements were found by the Planning Commission to be
consistent with The General Plan designation prior to their construction.
This subdivision would not change the design of the previously constructed
improvements. The proposed design of the 13 new lots would not cause a
negative impact to the existing design, would comply with all zoning
ordinance requirements, and would retain consistency with the type of
development stated in the Industrial-Business Park area General Plan
designation.
3. That the site is physically suitable for the type of development.
The site is currently developed with a suitable building, parking, and
PLANNING COMMISSION RESOLUTION NO.
pedestrian pathways. The proposed splitting of the parcel would not cause
change to the existing development pattern.
Improved streets with necessary utilities currently serve the property.
4. That the site is physically suitable for industrial /office development.
The site is within an existing industrial business park and all created lots
meet development standards for the City's Zoning Ordinance and General
Plan.
5. That the design of the Parcel Map or the proposed improvements is not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
The subject property was previously evaluated as part of Precise Plan 03-
23 and determined to be exempt from CEQA. The improvements have
already been constructed, so this subdivision will not result in any physical
changes to the environment and, therefore, will not result in any
environmental impacts.
6. That the design of the parcel or the type of improvements is not likely to
cause serious public health problems.
The design of the parcel map is consistent with all provisions of the Zoning
Ordinance and with the California Building Code with respect to public
health safety and welfare.
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.
There are no known public easements traversing through the site that will
be affected by the subdivision.
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 of
the Commission in this case.
2. That the Planning Commission does hereby grant approval of Tentative
Parcel Map 35982 (Exhibit "A"), subject to conditions attached.
2
PLANNING COMMISSION RESOLUTION NO.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 5th day of August 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
VAN G. TANNER, Chairperson
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
3
PLANNING COMMISSION RESOLUTION NO.
CONDITIONS OF APPROVAL
CASE NO. TPM 35982
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
in the Department of Community Development, as modified by the following
conditions.
2. Tentative Parcel Map 35982 shall be recorded within two years from the date of
final approval unless an extension of time is granted; otherwise said parcel map
approval shall become null, void and of no effect whatsoever.
3. Applicant agrees to maintain the existing landscaping installed pursuant to these
conditions. Applicant shall enter into an agreement or revise an existing agreement
through a property owners' association to maintain said landscaping for the life of
the project, which agreement shall be notarized and which agreement shall be
recorded. It is the specific intent of the parties that this condition and agreement
run with the land and bind successors and assigns.
4. All conditions of approval shall be recorded with the Riverside County Clerk
before the final map is approved. Evidence of recordation shall be submitted to
the Department of Community Development/Planning.
5. All conditions of approval for Case No. PP 03-23, approved by Planning
Commission Resolution No. 2283 shall apply to the above noted project.
Department of Public Works:
1. Complete parcel map shall be submitted as required by ordinance to the Director
of Public Works for checking and approval prior to issuance of any permits
including a copy of the CC&R's.
2. All underlying conditions from subject precise plan shall apply to parcel map.
Department of Building and Safety:
1. Project must conform to the current State of California Codes. The following are
the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
4
PLANNING COMMISSION RESOLUTION NO.
The information provided does not verify compliance with the CBC. The
reference to twelve separate parcels may be interpreted as property lines and
therefore the separate buildings would not comply. The subdivision must be
recorded similar to "Air Space" condominiums where the Association maintains
the single building and common area and the owners are responsible for their
"Space" within the walls. As submitted the project does not adequately describe
how the subdivision will be legally defined.
2. Please contact Debbie Le Blanc, Land Management Specialist, at the
Department of Building and Safety (760-776-6420) regarding the addressing of
all buildings and / or suites.
5
CITY Of PRIM DESERT
73-510 FRED WARING DRIVE
'! PALM DESERT,CALIFORNIA 92260-2578
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CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. TPM 35982/08-264
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider a request by WILLIAM POPE / JHA ENGINEERING,
INC. for approval of a tentative parcel map to subdivide an existing office building and
land on a 1.16-acre parcel into 13 lots for condominium purposes. The property is
located at 74-794 42" Avenue.
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SAID public hearing will be held on Tuesday, August 5, 2008 at 6:00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be
heard. Written comments concerning all items covered by this public hearing notice shall
be accepted up to the date of the hearing. Information concerning the proposed project is
available for review in the Department of Community Development at the above address
between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge
the proposed actions in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the Planning Commission at,or prior to,the public hearing.
PUBLISH: Desert Sun LAURI AYLAIAN, Secretary
July 25,2008 Palm Desert Planning Commission
CITY OF PALM DESERT
INTEROFFICE MEMORANDUM
TO: Department of Community Development/Planning
Attention: Missy Grisa
FROM: Phil Joy, Associate Transportation Planner
SUBJECT: PM 35982 Kellstrom-Taylor Condominium Map on 42nd Ave.
DATE: June 30, 2008
The following should be considered conditions of approval for the project;
1. Complete parcel map shall be submitted as required by ordinance to the Director of
Public Works for checking and approval prior to the issuance of any permits
including a copy of the CC&R's.
2. All underlying conditions from subject precise plan shall apply to parcel map.
P „rs:)
G:\PubWorks\Phil Joy\word files\PM 35982-08.264Kellstrom-Taylor 42nd Av wpd
.' CITY OF PALM DESERT
rim in
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�.� BUILDING & SAFETY DEPARTMENT
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••: ass E�•: INTEROFFICE MEMORANDUM
°...........
To: Missy Grisa, Assistant Planner
From: Sam Szymanski, Plan Check Manager
Date: July 18th, 2008
Subject: TPM 35982/08-264
I have reviewed the information provided and have the following comments:
1. Project must conform to the current State of California Codes. The following are
the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
The information provided does not verify compliance with the CBC. The
reference to 12 separate parcels may be interpreted as property lines and
therefore the separate buildings would not comply. The subdivision must be
recorded similar to "Air Space" condominiums where the Association maintains
the single building and common area and the owners are responsible for their
"Space" within the walls. As submitted the project does not adequately describe
how the subdivision will be legally defined.
2. Please contact Debbie Le Blanc, Land Management Specialist, at the
Department of Building and Safety (760-776-6420) regarding the addressing of
all buildings and/or suites.
Documentl