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Home My WebLink AboutB. Case No. TPM 36210 / HTE 09-527 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: APPROVAL OF A TENTATIVE PARCEL MAP TO SUBDIVIDE A .41-ACRE PARCEL INTO FOUR CONDOMINIUM AIR SPACE UNITS WITH A COMMON AREA FOR SALES PURPOSES. THE PROPERTY IS LOCATED AT 73-765 SHADOW MOUNTAIN DRIVE. SUBMITTED BY: Kevin Swartz Assistant Planner APPLICANT: Amir Engineering 160 Luring Drive, Suite A Palm Springs, CA 92262 DATE: April 6, 2010 CASE NO: TPM 36210/ HTE 09-527 CONTENTS: Planning Commission Resolution No. Legal Notice Exhibits — Tentative Parcel Map 36210 submitted by Amir Engineering Recommendation That the Planning Commission adopt Resolution No. , and approve Tentative Parcel Map 36210, subject to the conditions attached. Executive Summary Approval of staff's recommendation would approve Tentative Parcel Map 36210 and allow the applicant to subdivide a .41 acre parcel with an existing four-unit residential apartment complex, into four condominium air space units with a common area for sales purposes. Background A. Property Description The .41 acre parcel is located on the south side of Shadow Mountain Drive between Portola Avenue and San Luis Rey Avenue. On October 7, 2003, the Planning Commission approved Conditional Use Permit 03-15 allowing the Staff Report TPM 36210 April 6, 2010 Page 2 of 4 development of a four-unit apartment complex consisting of two one-story buildings. Each unit is 1 ,583 square feet, with three bedrooms and three bathrooms. Each unit has an attached two-car garage, a 5' x 14' covered patio, a private yard enclosed by a six foot block wall, and three uncovered guest parking spaces. The building is set back 21 feet from the front property line, 10 feet from the rear, 10 feet from the west side, and 10 feet from the east side. Since the approval date, the buildings have been constructed and are operating as a four-unit residential apartment complex. B. General Plan Designation and Zoning The property is currently designated Medium Density Residential (R-M) in the General Plan and is zoned R-3, 13,000(3), Residential Multiple Family, 13,000 square foot minimum lot size, and minimum 3,000 square feet of site area per dwelling unit. C. Adjacent Zoning and Land Use North: R-3, 13,000(3), Residential Multiple Family South: R-1, 12,000, Residential Single Family East: R-3, 13,000(3), Residential Multiple Family West: R-3, 13,000(3), Residential Multiple Family Project Description The request for the new tentative parcel map will allow the owner to subdivide a .41 acre parcel with an existing four-unit apartment complex, into four condominium air space units with a common area for sales 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. Analysis In the following section, findings consider the effect of subdividing the one parcel into four condominium air space units with a common area, and that the resulting new parcel map 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. G:\Planning\Kevin Swartz\Word\TPM 36210\pc staff report.doc Staff Report TPM 36210 April 6, 2010 Page 3 of 4 A. Findings of Approval 1. That the proposed map is consistent with applicable general and specific plans. The proposed Parcel Map is consistent with the Medium Density Residential designation in the General Plan and with the approved Conditional Use Permit on file. There is no specific plan for the area in which the Parcel Map is located. 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, would comply with all zoning ordinance requirements, and would retain consistency with the type of development stated in the Medium Density Residential General Plan designation. 3. That the site is physically suitable for the type of development. The site is currently developed with suitable apartment units, parking, sidewalk, and common area. The proposed tentative parcel map that would subdivide the parcel into four condominium air space units 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 residential development. The site is within an existing residential zone and all created lots meet development standards for the City's Zoning Ordinance and General Plan. The site has already been developed as a residential complex, which clearly demonstrates its suitability for residential development. 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 Conditional Use Permit 03-15 and determined to be exempt from CEQA per Section 15303 (Class 3, New Construction or Conversion of Small Structures) of CEQA guidelines. The improvements have already been constructed, so this G:\Planning\Kevin Swartz\Word\TPM 36210\pc staff report.doc Staff Report TPM 36210 April 6, 2010 Page 4 of 4 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. Environmental Review The application is a Class 15 categorical exemption for purposes of CEQA and no further documentation is necessary. Conclusion The request to subdivide the .41 acre parcel with an existing four-unit apartment complex into four condominium air space units with a common area for sales purposes will not cause any adverse impacts to the surrounding area, or to the quality of surrounding environment. Submitted By: Department Head: 1) Kevin Swartz Lauri Aylaian Assistant Planner Director of Community Development G:\Planning\Kevin Swartz\Word\TPM 36210\pc staff report.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 36210 SUBDIVIVING A .41 ACRE PARCEL INTO FOUR CONDOMINIUM AIR SPACE UNITS WITH A COMMON AREA FOR SALES PURPOSES. THE PROPERTY IS LOCATED AT 73-765 SHADOW MOUNTAIN DRIVE. CASE NO. TPM 36210 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of April, 2010, hold a duly noticed public hearing to consider the request by Amir Engineering 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 Medium Density Residential designation in the General Plan and with the approved Conditional Use Permit on file. There is no specific plan for the area in which the Parcel Map is located. 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, would comply with all zoning ordinance requirements, and would retain consistency with the type of development stated in the Medium Density Residential General Plan designation. 3. That the site is physically suitable for the type of development. The site is currently developed with suitable apartment units, parking, sidewalk, and common area. The proposed tentative parcel map that would subdivide the parcel into four condominium air space units would not cause PLANNING COMMISSION RESOLUTION NO. change to the existing development pattern. Improved streets with necessary utilities currently serve the property. 4. That the site is physically suitable for residential development. The site is within an existing residential zone and all created lots meet development standards for the City's Zoning Ordinance and General Plan. The site has already been developed as a residential complex, which clearly demonstrates its suitability for residential development. 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 Conditional Use Permit 03-15 and determined to be exempt from CEQA per Section 15303 (Class 3, New Construction or Conversion of Small Structures) of CEQA guidelines. 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 36210, subject to conditions. 2 PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 6th day of April 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: M CONNOR LIMONT, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 3 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. TPM 36210 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 36210 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. 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 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. CUP 03-15, approved by Planning Commission Resolution No. 2226 shall apply to the above noted project. Department of Public Works: 1. The parcel map shall be submitted to the Director of Public Works for review and approval. 2. The parcel map shall record before the condominium plan and the map recording information shall be referenced on the condo plan. A sample of the grant deeds shall be submitted to the Public Works Department prior to recording the condominium plan. 3. The CC&R's shall be submitted concurrently with the parcel map for review. 4. The sidewalk at the driveway approach on Shadow Mountain Drive shall be modified to comply with ADA requirements. A pedestrian easement shall be granted as necessary. 4 ..,. l}CITY lifStli 44i 1° 1 73-510 1 KE I)WAKING I)Ii1v 1; ! PALM 1)IaI..III,CA!110kNIA 92260-2578 I! J ,4 i TEL:760 346-0611 ti'; I-Av:760 341-7098 y ui.'s ..........� into0 palm-dererr.orl; CITY OF PALM DESERT LEGAL NOTICE CASE NO. MISC 09-527 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by Amir Engineering for approval of a tentative parcel map to subdivide a .41-acre parcel into four condominium air space units with a common area for sale purposes. The property is located at 73-765 Shadow Mountain Drive. € r-�rc ' ,. 4' A„°v LARREA Sr }I� �`I �I-�� .� rf••�ro+ -t s n"1' "mod �p,r L; �, I :: : 4i.I ::',' kf::,i-',.1'.3,i-re4 I i - I Irv. I "' y p y,� i� LM . iNADOW M• NTAtN DR :'* SIiADOWMOUNT IN DR "- "' TA-`-'-'.7717 s 7.--1:iiiiiimi-; .° ,. • .11"''''''''''''''.-7:''''''' , ''' 11 twol,r R- G sitt j :t I<'' lit= ay- ii.-. --,' , _ , _trial F ♦4' . .. .JOSNUA TREE ST' . ) 'Ea n1.', {l r Tj `imi 4.0 :f L r�i � ,,,,1 ter:' 9, JUNJAER ST `y�/,NgraF t" s ,. ii:lye;L yar,:c1ty,f(0bd1a '�' ,.._..... 'y ., -is " v_..,......`K a 'g' S0 T ?I ..r.."'x ,..f.. ' SAID public hearing will be held on Tuesday, April 6, 2010 at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Driver 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 March 26, 2010 Palm Desert Planning Commission