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HomeMy WebLinkAboutB. TPM 35978 - PALM DESERT ASSOCIATES, LP CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: Approval of a Tentative Parcel Map to subdivide a .97 acre parcel with an existing 9,886 square foot building into five separate parcels with common parking for sale purposes. Subject property is located at 73-760 Dinah Shore. APN: 653-250-058 SUBMITTED BY: Kevin Swartz Assistant Planner APPLICANT: Palm Desert Associates, L.P. 30398 Esperanza RSM, CA 92688 • CASE NO(s): TPM 35978 DATE: May 20, 2008 I. EXECUTIVE SUMMARY: Approval of TPM 35978 would allow the applicant to subdivide a .97 acre parcel with an existing 9,886 square foot building into five separate parcels for sale purposes, with a reciprocal parking agreement for the tenant/customer parking lot. II. BACKGROUND: A. Property Description: On October 4, 2005, the Planning Commission approved Precise Plan 05- 14 allowing the development of a 9,886 square foot office industrial building with 40 parking spaces. The building is set back 88' from the front property line, 48'6" from the rear, 30' from the west side, and 18' from the east side. A shared driveway with the property to the east provides access to the project from Dinah Shore Drive. Since the approval date the building has been constructed and operating as office and industrial use. Staff Report Case No: TPM 35978 Date: May 20, 2008 Page 2 of 4 B. General Plan Designation and Zoning: General Plan: I-B.P. Industrial — Business Park Zoning: S.I. Service Industrial C. Adjacent Zoning and Land Use: North: Interstate 1-10 South: Service Industrial/ Glass Block Products East: Service Industrial/ Vacant West: Service Industrial/ Vacant III. PROJECT DESCRIPTION: The request for the new tentative parcel map will allow the owner to subdivide a .97 acre parcel with an existing 9,886 square foot building into five separate parcels for sale purposes, with a reciprocal parking agreement for the tenant/customer parking lot. 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 reciprocal easement for parking, access, drainage and the use of trash enclosures. IV. ANALYSIS: In the following section, findings consider the effect of subdividing the one lot into five, and that the resulting new lot lines would allow the existing development to remain consistent with the surrounding environment. 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 proposed design of the five new parcels 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 Staff Report Case No: TPM 35978 Date: May 20, 2008 Page 3 of 4 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 industriaVoffice 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 05-14 and an Environmental Assessment was prepared. 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 environmental damage. 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 with respect to public health safety and welfare. Any development on the proposed parcels will meet City development standards and the California Uniform Building Code. 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 35978 Date: May 20, 2008 Page 4 of 4 V. ENVIRONMENTAL REVIEW: The application is a Class 15 categorical exemption for purposes of CEQA and no further documentation is necessary. VI. CONCLUSION: The request to subdivide a .97 acre parcel with an existing 9,886 square foot building into five parcels with a reciprocal parking agreement for tenant/customer parking for a property located at 73-760 Dinah Shore 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 35978 and adopt Planning Commission Resolution No. , approving Tentative Parcel Map 35978 subject to the conditions attached. VIII. ATTACHMENTS: A. Draft Resolution B. Legal Notice C. Exhibits Submitted by: Department Head: Kevin Swartz Lauri Aylaian Assistant Planner Director of Community Development Approval: 6,f<t omer Croy ACM for Development Services PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 35978 SUBDIVIVING A .97 ACRE PARCEL WITH AN EXISTING 9,886 SQUARE FOOT BUILDING INTO FIVE SEPERATE PARCELS WITH COMMON PARKING FOR SALE PURPOSES LOCATED AT 73-760 DINAH SHORE. CASE NO. TPM 35978 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of May 2008, hold a duly noticed public hearing to consider the request by PALM DESERT ASSOCIATES, L.P. 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 15 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 proposed design of the five new parcels 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 pedestrian pathways. The proposed splitting of the parcel would not cause change to the existing development pattern. PLANNING COMMISSION RESOLUTION NO. • 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 05-14 and an Environmental Assessment was prepared. 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 environmental damage. 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 with respect to public health safety and welfare. Any development on the proposed parcels will meet City development standards and the California Uniform Building Code. 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 35978 (Exhibit "A"), and; 2 PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of May 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN TANNER, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 3 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. TPM 35978 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. Tentative Parcel Map 35978 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. 2. 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. 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. 5. 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. 6. All conditions of approval for Case No. PP 05-14, approved by Planning Commission Resolution No. 2357 shall apply to the above noted project. 7. The map shall record a reciprocal easement for parking, access, drainage, and use of trash enclosure as applicable. 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. 4 CITY Of PIA DESERT • 73-510 FRED WARING DRIVE • r' i I 1. PALM DESERT,CALIFORNIA 92260-2578 � r /'� TEL:760 346-0611 FAX:760 341-7098 `. .••'' info@palm-desert org CITY OF PALM DESERT PUBLIC NOTICE CASE NO.TPM 35978 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission on May 20, 2008 to consider a request by Palm Desert Associates for approval of a Tentative Parcel Map to subdivide an existing five unit commercial building into five condo units and shared parking located at 73-760 Dinah Shore. C of Palm Desert Ma• • � L ' t .v r t rs^. r 4 ^ • `s ""' sks,.,.`•a Rom. fill • . ' . ..„_ It �iwvy� Is�41R1'!'rI f A��.�, \\•n y N. ... T•� r • 2zl • h< Y�� I R ,- :/'. Ve.,.;.:,..,.:liA' 1pillialii,:'_ ''.'''','. ;:: , ..2.. x,wzri R'��11...?T w'' l�i,�.> dr?aSf: a►..z-.-: c,.l n , .. ., r r a .I .g 7 t -: SAID public hearing will be held on Tuesday, May 20, 2008, at 6:00 p.m. in the Council Chambers 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 and/or negative declaration 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 Palm Desert Planning Commission at,or prior to,the public hearing. PUBLISH: Desert Sun LAURI AYLAIAN, Secretary May 10,2008 Palm Desert Planning Commission CITY OF PALM DESERT INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention: Kevin Swartz FROM: Phil Joy, Associate Transportation Planner SUBJECT: PM 35978 Palm Desert Associates DATE: April 23, 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. Phil Joy G\PubWorks\Conditions of Approval\PMAPS\PM 35978 P D Associates.LP-DS Dr