HomeMy WebLinkAboutA. Case No. TPM 36137 - Mollers Garden Center CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING COMMISSION STAFF REPORT
REQUEST: Approval of a tentative parcel map to subdivide a 12.17-acre parcel
into four parcels for sale purposes. The property is located at 72-
235 Painters Path.
SUBMITTED BY: Missy Grisa
Assistant Planner
APPLICANT: Mollers Garden Center
72-235 Painters Path
Palm Desert, CA 92260
CASE NO(s): TPM 36137
DATE: November 18, 2008
I. EXECUTIVE SUMMARY:
Approval of TPM 36137 would allow the applicant to subdivide a 12.17-acre
parcel into four separate parcels for sale purposes.
II. BACKGROUND:
A. Property Description:
The subject 12.17-acre parcel is located northwest of the west end of Fred
Waring Drive, between Painters Path and the City of Rancho Mirage,
south of Highway 111. The parcel contains four existing business
facilities. There are six driveway entrances from Painters Path that will
provide access to each of these separate businesses. The uses on this
parcel consist of a landscape / garden center and various commercial
businesses.
B. General Plan Designation and Zoning:
General Plan: I-B.P. / C-C Industrial — Business Park / Community
Commercial
Zoning: S.I. / C-1 Service Industrial / General Commercial
Staff Report
Case No: TPM 36137
Date: November 18, 2008
Page 2 of 4
C. Adjacent Zoning and Land Use:
North: H.P.R. & C-1 /Vacant Land and General Office
South: O.S. & S.I. / Opens Space & Storage Units
East: P.C.-3 / Olive Garden / Strip Mall
West: City of Rancho Mirage
III. PROJECT DESCRIPTION:
The request for the new tentative parcel map will allow the property owner to
subdivide a 12.17-acre parcel into four separate parcels for sale purposes. The
Subdivision Map Act requires that a parcel map be recorded in order to subdivide
the property.
IV. ANALYSIS:
In the following section, findings consider the effect of subdividing the one parcel
into four, 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 Palm Desert Municipal Code.
Findings of Approval:
1. That the density of the proposed subdivision is consistent with applicable
general and specific plans.
The existing square footage of improvements in the proposed subdivision is
consistent with the Industrial-Business Park and Community Commercial
designation in the General Plan. This subdivision is for sale purposes and
there is no specific plan for this property. No new improvements are a part
of this subdivision and the general plan designations will remain the same.
2. That the design or improvement of the proposed subdivision is consistent
with applicable general and specific plans.
This subdivision would not change the design of the previously constructed
improvements. The proposed design of the four 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 and Community
Commercial areas General Plan designation.
3. That the site is physically suitable for the type of development.
Staff Report
Case No: TPM 36137
Date: November 18, 2008
Page 3 of 4
The site is currently developed with suitable buildings and parking.
Pedestrian pathways will be completed at an intermittent sidewalk
interruption as a condition of approval. The proposed splitting of the parcel
would not cause change to the existing development pattern.
Improved streets with necessary utilities currently serve the property.
Therefore, the site is suitable for the development.
4. That the site is physically suitable for the proposed density of
development.
The subject subdivision would not change the overall square footage or
density of the previously constructed improvements.
5. That the design of the subdivision or the proposed improvements is not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat
The improvements (except for the sidewalks described in Item 3, above)
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 subdivision or the type of improvements is not likely
to cause serious public health problems.
The design of the parcel map as conditioned is consistent with all provisions
of the Zoning Ordinance and with the California Building Code with respect
to public health safety and welfare. The completion of intermittent sidewalks
will improve public health and safety.
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.
V. ENVIRONMENTAL REVIEW:
The application is a Class 1 categorical exemption for purposes of CEQA and no
further documentation is necessary.
Staff Report
Case No: TPM 36137
Date: November 18, 2008
Page 4 of 4
VI. CONCLUSION:
The request to subdivide a 12.17-acre parcel into four separate parcels for a
property located at 72-235 Painters Path will allow the owner to sell the property
in parcels, and 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
36137 and adopt Planning Commission Resolution No. , approving
Tentative Parcel Map 36137, subject to the conditions attached.
VIII. ATTACHMENTS:
A. Draft Resolution
B. Legal Notice
C. Public Works and Building and Safety Conditions of Approval
D. Exhibits—Tentative Parcel Map
Submitted by: Department Head:
1446--
Missy Grisa Lauri Aylaian
Assistant Planner Director of Community Development
Approval:
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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
36137 SUBDIVIVING A 12.17-ACRE PARCEL INTO FOUR PARCELS FOR
SALE PURPOSES LOCATED AT 72-235 PAINTERS PATH.
CASE NO. TPM 36137
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 18th day of November 2008, hold a duly noticed public hearing to consider the
request by MOLLERS GARDEN CENTER 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 density of the proposed subdivision is consistent with applicable
general and specific plans.
The existing square footage of improvements in the proposed subdivision is
consistent with the Industrial-Business Park and Community Commercial
designation in the General Plan. This subdivision is for sale purposes and
there is no specific plan for this property. No new improvements are a part
of this subdivision and the general plan designations will remain the same.
2. That the design or improvement of the proposed subdivision is consistent
with applicable general and specific plans.
This subdivision would not change the design of the previously constructed
improvements. The proposed design of the four 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 and Community
Commercial areas General Plan designation.
3. That the site is physically suitable for the type of development.
The site is currently developed with suitable buildings and parking.
Pedestrian pathways will be completed at an intermittent sidewalk
interruption as a condition of approval. The proposed splitting of the parcel
PLANNING COMMISSION RESOLUTION NO.
would not cause change to the existing development pattern.
Improved streets with necessary utilities currently serve the property.
Therefore, the site is suitable for the development.
4. That the site is physically suitable for the proposed density of
development.
The subject subdivision would not change the overall square footage or
density of the previously constructed improvements.
5. That the design of the subdivision or the proposed improvements is not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat
The improvements (except for the sidewalks described in Item 3, above)
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 subdivision or the type of improvements is not likely
to cause serious public health problems.
The design of the parcel map as conditioned is consistent with all provisions
of the Zoning Ordinance and with the California Building Code with respect
to public health safety and welfare. The completion of intermittent sidewalks
will improve public health and safety.
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 36137 (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 18th day of November 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 36137
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 36137 shall be recorded within two (2) 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.
Department of Public Works:
1. Landscaping maintenance of property frontages shall be provided by property
owner and maintained in perpetuity.
2. A standard inspection fee shall be paid prior to issuance of grading permits.
3. Bonds shall be posted for public improvements.
4. Any and all offsite improvements shall be preceded by the approval of plans and
the issuance of valid encroachment permits by the Department of Public Works.
5. Landscape plans shall be submitted showing additional sidewalk required on
parcel 1 and any sidewalk modifications needed for ADA compliance parcels 2,
3, 4, and shall comply with the city's water efficient landscape ordinance.
6. 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.
7. Public improvements required by Sections 26.40 and 26.44 of the Palm Desert
Municipal Code shall be installed per City standards including:
- 6' wide sidewalk in front of nursery connecting to sidewalks to the north and
south
- Improvement of sidewalks crossing driveways along Painters Path to meet
current ADA requirements
4
PLANNING COMMISSION RESOLUTION NO.
- Dedication of right of way for existing sidewalk transition between 44' and 30'
sections. Rights of way necessary for the installation of the above referenced
improvements shall be dedicated to the city of the map prior to map recordation
and encroachment permits shall be obtained
8. All public and private improvements shall be inspected by the Public Works
Department.
9. Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust Control as well as Section 24.20, Storm Water Management
and Discharge Control.
10. Prior to the start of construction, the applicant shall submit satisfactory evidence
to the Director of Public Works of intended compliance with the National
Pollutant Discharge Elimination System (NPDES) General Construction Permit
for storm water discharges associated with construction. Developer must contact
Riverside County Flood Control District for informational materials.
11. Pursuant to Municipal Code Sections 25.15.090 and 25.26.020, and open space
covenant shall be recorded for all hillside area above the valley floor or toe of
slope.
12. Provision for the continuation of any existing access rights which may be
affected by this project shall be included prior to recordation of the final map
including access to the adjacent property to the west.
13. The map shall record a reciprocal easement for parking, access, drainage and
use of trash enclosure as applicable for proposed parcels 3 and 4.
14. Drainage easements shall be provided across all of the parcels for the
mountainous area to the west.
Department of Building and Safety:
1. The existing buildings must comply with distance to property line requirements of
the 2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC). The applicant
must provide an analysis identifying Occupancy Group(s), Type of Construction,
openings at exterior walls, etc. and dimension the distance to property lines for
each building(s) per parcel.
2. A detailed site plan must identify utility locations (i.e. sewer laterals, water
meters, gas meters, etc.).
3. Any site walls, retaining walls, carports, trash enclosures, etc. must also be
identified on the plans.
4. New issues may arise after review of the above requested items.
5
CITY OF PALifi DE � ERI
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CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. TPM 36137/08-367
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider a request by MOLLERS GARDEN CENTER for
approval of a tentative parcel map to subdivide one 12.17-acre parcel into 4 separate
parcels. The property is located at 72-235 Painters Path.
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SAID public hearing will be held on Tuesday, November 18, 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
November 7,2008 Palm Desert Planning Commission
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Department of Community Development/Planning
Attention: Missy Grisa
FROM: Phil Joy, Associate Transportation Planner
SUBJECT: PM 36137 Moller's Conditions of Approval
DATE: October 14, 2008
GENERAL
1. Landscaping maintenance of property frontages shall be provided by property
owner and maintained in perpetuity.
BONDS AND FEES
2. A standard inspection fee shall be paid prior to issuance of grading permits.
3. Bonds shall be posted for public improvements.
DESIGN PLANS
4. Any and all offsite improvements shall be preceded by the approval of plans and the
issuance of valid encroachment permits by the Department of Public Works.
5. Landscape plans shall be submitted showing additional sidewalk required on parcel
1 and any sidewalk modifications needed for ADA compliance parcels 2, 3 and 4,
and shall comply with the city's water efficient landscape ordinance.
6. 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.
REQUIRED CONSTRUCTION
7. Public improvements required by Sections 26.40 and 26.44 of the Palm Desert
Municipal Code shall be installed per City standards including:
• 6'wide sidewalk in front of nursery connecting to sidewalks to the north and south.
• Improvement of sidewalks crossing driveways along Painters Path to meet
current ADA requirements.
• Dedication of right of way for existing sidewalk transition between 44' and 30'
sections.
Rights-of-way necessary for the installation of the above referenced
improvements shall be dedicated to the city on the map prior to map recordation
and encroachment permits shall be obtained.
8. All public and private improvements shall be inspected by the Public Works
Department.
9. Applicant shall comply with provisions of Palm Desert Municipal Code Section
24.12, Fugitive Dust Control as well as Section 24.20, Storm water Management
and Discharge Control.
10. Prior to the start of construction, the applicant shall submit satisfactory evidence to
the Director of Public Works of intended compliance with the National Pollutant
Discharge Elimination System (NPDES) General Construction Permit for storm
water discharges associated with construction. Developer must contact
Riverside County Flood Control District for informational materials.
SPECIAL CONDITIONS
11. Pursuant to Municial Code Sections 25.15.090 and 25.26.020, an open space
covenant shall be recorded for all hillside area above the valley floor or toe of
slope.
12. Provision for the continuation of any existing access rights which may be affected
by this project shall be included prior to recordation of the final map including
access to the adjacent property to the west.
13. The map shall record a reciprocal easement for parking, access, drainage and use
of trash of trash enclosure as applicable for proposed parcels 3 and 4.
14. Drainage easements shall be provided across all of the parcels for the mountainous
area to the west.
"14/0Phil Joy
G:IPubWorkslConditiions ofApprovallTMAPSITT 34943 Eagle 6.5 LLC.wpd
410
CITY OF PALM DESERT
rin % BUILDING & SAFETY DEPARTMENT
INTEROFFICE MEMORANDUM
To: Missy Grisa, Assistant Planner
From: Sam Szymanski, Plan Check Manager
Date: October 10, 2008
Subject: TPM 36137/08-367
I have reviewed the information provided and have the following comments:
1. The existing buildings must comply with distance to property line requirements of
the 2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC). The applicant
must provide an analysis identifying Occupancy Group(s), Type of Construction,
openings at exterior walls, etc. and dimension the distance to property lines for
each building(s) per parcel.
2. A detailed site plan must identify utility locations (i.e. sewer laterals, water
meters, gas meters, etc.).
3. Any site walls, retaining walls, carports, trash enclosures, etc. must also be
identified on the plans.
4. New issues may arise after review of the above requested items.
Documentl