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2016-07-05 PC Regular Meeting Agenda Packet
CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION AGENDA TUESDAY, JULY 5, 2016 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. SUMMARY OF COUNCIL ACTION V. ORAL COMMUNICATIONS Any person wishing to discuss any item not scheduled for public hearing may address the Planning Commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. Because the Brown Act does not allow the Planning Commission to take action on items not on the Agenda, Commissioners will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for report and recommendation at a future Planning Commission meeting. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the Office of the Department of Community Development and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m.-5:00 p.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611, Extension 484. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE PLANNING COMMISSION OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII CONSENT ITEMS HELD OVER, OF THE AGENDA. AGENDA PALM DESERT PLANNING COMMISSION JULY 5, 2016 A. MINUTES of the Regular Planning Commission meeting of June 21, 2016. Rec: Approve as presented. Action: VII. CONSENT ITEMS HELD OVER Vill. NEW BUSINESS None IX. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planninq Commission. A. REQUEST FOR CONSIDERATION of a Conditional Use Permit to allow Lexurious Auto Sales to display two automobiles outdoors within the parking lot for sale purposes located at 74-794 42"d Avenue, Suite 3. Case No. CUP 16-122 (Lexurious Auto Sales, Palm Desert, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2672, approving Case No. CUP 16-122. Action: B. REQUEST FOR CONSIDERATION of a Conditional Use Permit to allow a 2,400-square-foot detached accessory structure in the rear yard 25 feet from the property line on a 40,000-square-foot lot located at 77-700 Delaware Place. Case No. CUP 16-99 (Alfredo Alvidrez, Palm Desert, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2673, approving Case No. CUP 16-99. Action: 2 GAPlanning\Monica OReilly\Planning Commission\2016\Agenda\7-5-16 agn.docx AGENDA PALM DESERT PLANNING COMMISSION JULY 5, 2016 C. REQUEST FOR CONSIDERATION of a recommendation to the City Council for approval of an amendment to Tentative Tract Map 33719 to modify Fire Department Condition of Approval No. 7, and to revise approved pad heights for a 159-lots residential subdivision located at the southwest corner of Frank Sinatra Drive and Portola Avenue. Case No. TTM 33719 Amendment No. 1 (TTLC Catavina Investors, LLC., Newport Beach, California, Applicant). Rec.- Waive further reading and adopt Planning Commission Resolution No. 2674, approving Case No. TTM 33719 Amendment No. 1. Action: X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION C. GENERAL PLAN & SPECIFIC PLAN UPDATE XII. COMMENTS XIII. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 30'h day of June, 2016. Monica O'Reilly, Recordi,g Secretary N Please contact the Planning Department, 73510 Fred Waring Drive, Palm Desert, CA 92260, (760) 346-0611, for assistance with access to any of the agenda, materials, or participation at the meeting. 3 &\Planning\Monica OReilly\Planning Commission\2016\Agenda\7-5-16 agn.docx CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES • TUESDAY, JUNE 21, 2016 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM SERT, CA 92260 I. CALL TO ORDER x Chair John Greenwood called the meeting er at 6:00 II. ROLL CALL Present: n Commissioner Ron Gregory Commissioner Kathleen KeI Commissioner Joseph Pr et Vice Chair Nancy DeLuna Chair John Gree a Staff Prese .° Jill Trembla Atto f Ryan . endell, velopment K As e Planner :rica O' Ad rative Secretary III. 'r; DGE OF AL IAN Co sioner Ro egory led the Pledge of Allegiance. IV. SUMMA F NCIL ACTION Mr. Ryan Ste dell, Director of Community Development, summarized pertinent June 9, 2016, City Council actions. V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 2016 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of May 17, 2016. Rec: By Minute Motion, approve as presented. Action: Upon a motion by Commissioner Pradetto, second by Co missioner Kelly, and a 5-0 vote of the Planning Commission, the Consent C r was approved as presented (AYES: DeLuna, Greenwood, Gregory, Kelly, radetto; NOES: None; ABSENT: None; ABSTAIN: None). ° Commissioner DeLuna noted that the clock correct VII. CONSENT ITEMS HELD OVER � . None VIII. NEW BUSINESS 4 None IX. PUBLIC HEARIN A. REQUES R CO .QERA to approve the demolition of an existing buildin d constr° a ne 0,852-square-foot two-story restaurant building a rooft n e loca. at 73-330 El Paseo. Case No. PP 16- 124 (Kristi o sert, California, Applicant). evi ftz, ciate Planner, presented the staff report (staff report is ailable at it o desert.org), and offered to answer any questions. Chair Nanc Luna ferred to one of the pictures presented showing a tvv y building ross the street, and asked how tall the architectural proje at the are. Mr. Swart ded that he is not sure of the exact height. He pointed to an area of the b ing that is 30 feet in height so he assumed the projection is an extra three or four feet. Vice Chair DeLuna clarified that the proposed restaurant building would be similar; however, it would be five to six feet taller that the building across the street. Mr. Swartz replied that is correct. 2 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\6-21-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 2016 Commissioner Joseph Pradetto commented that when he first read the staff report, he had the impression that a Precise Plan is required due to a technicality; however, everything else met the conditions. He realized that any sort of construction where grading is taking place requires a Precise Plan, and asked if that is correct. Mr. Swartz said that is correct. He stated a new building would require a Precise Plan. Commissioner Pradetto asked if the applicant was onl.,4 olishing the building, they would not need a Precise Plan. Mr. Swartz replied that is correct. For a demolisI ur it is a permitted use. Commissioner Pradetto inquired if a notic; sent to neig to the south. Mr. Swartz responded that a notic sent to ighbors tha within 300 feet. Staff received comments in favor, a wer ; omments in o position. Chair Greenwood declared the pu hearing o asked for any public testimony IN FAVOR or OPPOSITION. MS. KRISTI HANSON, Kris ans hitec alm Desert, California, commented that are very ' cite ,.u, p oject. She noted that the proprietor of th � x restau `, ed ouse, and this project could be a new fla type urant. briefly explained the architecture and the vibe they," ,., ed to cr e for tf estaurant. She offered to answer any questions. rS& ° ' eLu mented f re is a lot of glass in front of the building. e gl ould be shaded since there are days that are really hot. NSON nde t they did a sun study, and during the summer the 4.would be ov ad. sun would not come into the building very much sin ey face so She mentioned that they will be using high-energy glass, and s on th dows would be down most of the day. Chair Gre nquired what the program on the rooftop is. MS. HANSON explained that the rooftop would only have lounge seating. She said people could take their drinks to the rooftop, and there will be a server going to the rooftop from the second level. With no further testimony offered, Chair Greenwood declared the public hearing closed. Commissioner Gregory commented that it is a beautiful building, and it would be a real treat to have this building constructed on El Paseo. 3 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\6-21-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 2016 Vice Chair DeLuna stated that her only regret is that they will not be serving lunch. Commissioner Kathleen Kelly applauded and is extremely excited about proposed project. She said the height and the undulation of the building connects to the mountains, and it is a project that the City would like to see. Commissioner Pradetto stated he had nothing to add and moved for approval. Commissioner Pradetto moved, by Minute Motion, to e further reading and adopt Planning Commission Resolution No. 2670, appr Case No. PP 16-124, subject to conditions. Motion was seconded by Vice Ch na and carried by a 5-0 vote (AYES: DeLuna, Gregory, Greenwood, Kell d etto; NOES: None; ABSENT: None; ABSTAIN: None). _ The Planning Commission thanked th icant and noted t is a beautiful project. B. REQUEST FOR CONSIDERATION of a Tentative Parcel Map to subdivide an existing pa I with three ngs into three separate parcels with a reciprocal park e °,, a for shar rking located at 41-555 Cook Street. Case No. TPM Carm an Bernardino, California, Applicant). Mr. Swartz the s port report is available at www.citvofp sert.o Staff r mended approval, and offered to answer any questi , Commissione r ould be shared parking amongst the p r�. t Swartz r th correct. He noted that there is a reciprocal parking sement on th p, w specifies shared parking. Co`F. sioner Gr ry asked if each building has separate utilities. He won how it ubdivided. For example, if parking is shared he imagines landsca ain ce is shared. Are utilities separately handled and metered? Mr. Swartz a ered that he is not sure. Mr. Stendell interjected that they can ask the applicant to address the question. He added that if it is not adequately covered, he suggested that they add a condition stating a reciprocal for landscaping, trash services, etc. is included. Chair Greenwood declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. 4 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\6-21-16 docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 2016 MR. BEN EGAN, Egan and Egan, Incorporated, Palm Desert, California, stated that he had nothing to add to staff's report. However, he would address the Planning Commission's concerns. He stated that the buildings were originally constructed under three separate permits and under three separate addresses. One address is on Cook Street, one is on Hovley Lane, and the other is on Eclectic Street. As part of his research of the project, the buildings are metered individually as well as sewage and water. Mr. Egan commented that his only concern would be landscaping, and a condition could be added to address that concern. He offered to answer any other questions. Commissioner Gregory commented there could be ' s when there are people that are not friendly with one another. So there ' understanding between everyone, he felt that there should be an a for maintenance so everyone is on-board. Commissioner Pradetto also noted th a owner might wa upkeep their building more than the other owners. MR. EGAN voiced that they did not i orming a complex property owners' association; howev hey could a enants and deed restrictions on the titles. Therefore, any s the P g Commission would like to propose, he believed the app ri not obj With no further testimon ed, Chai ee e he public hearing closed. Commission adetto uired i ciprocal easement for landscaping could be added ndition N Mr. Stendell a I e appropriate to add landscaping. In re up buildings, Compliance would monitor any issues. mmissione de oved to approve Case No. TPM 37137, subject to ding landscap to C 'on No. 9 under the Conditions of Approval. Co sioner Pra to moved, by Minute Motion, to waive further reading and adopt Plan Commis Resolution No. 2671, approving Case No. TPM 37137, subject to con s. was seconded by Commissioner Kelly and carried by a 5-0 vote (AYES: D Dreenwood, Gregory, Kelly, and Pradetto; NOES: None-, ABSENT: ABSTAI one). Vice Chair DeLuna requested that the motion be read back to her with the condition added. Mr. Stendell communicated that the Planning Commission referred to Condition No. 9 (Public Works) for the reciprocal easement for access, drainage, parking, and landscaping between the parcels shall be provided for on the map. 5 G:\Planning\Monica OReilly\Planning Commission\2016\Minutes\6-21-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 2112016 X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Gregory commented that most of the eting was focused on moving an art piece from El Paseo to the San Rosa 'an Jacinto Mountains National Visitor Center. B. PARKS & RECREATION Chair Greenwood reported that all the s r programs F . he YMCA of the Desert and Desert Recreation District full effect. They a ` iscussed new programs at University Park, spe ly, a co �munity gar or student classes. C. GENERAL PLAN UPDA TECHNICA KING GROUP Mr. Stendell stated that they idst o draft Environmental Impact Report (EIR); however, it sho be r pu eview within the next 30 days or less. He n that the is t I ,. a the General Plan Update. His goal is to t eral P to to `ity Council before the end of the calenda r. No eless, City cannot control the public review process. I and to th pecific n, there has been some action on the property for ., know niversit rk. He said that north of the City's 170- acres there is w a doing their due diligence, and they are o h th if Plan ed that the group has not purchased the T y p n making a decision within the next 30 days. a e Chair DeL ask r. Stendell if he would like to mention the online in connects with neral Plan Update that was recently in The Desert su, Mr. Ste a ed that Peak Democracy is the City's open forum for residents in on matters pertaining to the City. The link is available on the City's we )sit nd Palm Desert residents and businesses could share feedback on the General Plan Update. Commissioner Kelly asked if the comments are viewable. Mr. Stendell replied yes. 6 G\Planning\Monica OReilly\Planning Commission\2016\Minutes\6-21-16 docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 2016 XII. COMMENTS None XIII. ADJOURNMENT With the Planning Commission concurrence, Chair Greenwood adjourned the meeting at 6:31 p.m. JOHN GREE;t O ICE CHAIRPERSON ATTEST: x RYAN STENDELL, SECRETARY PALM DESERT PLANNING COM `4 MONICA O'REILLY 'OR D � ~ SECR - Y �F >w 7 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\6-21-16.docx CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW LEXURIOUS AUTO SALES TO DISPLAY TWO AUTOMOBILES OUTDOORS WITHIN THE PARKING LOT FOR SALE PURPOSES LOCATED AT 74-794 42ND AVENUE, SUITE 3 SUBMITTED BY: Kevin Swartz, Associate Planner APPLICANT: Lexurious Auto Sales Julie Fleischman PO Box 13046 Palm Desert, CA 92255 CASE NO: CUP 16-122 DATE: July 5, 2016 CONTENTS: 1. Draft Planning Commission Resolution No. 2672 2. Legal Notice 3. Exhibits Recommendation Waive further reading and adopt Resolution No. 2672, approving Conditional Use Permit(CUP) 16-122. Executive Summary On January 28, 2016, the City Council approved Zoning Ordinance Amendment (ZOA) 15- 350 allowing new and used outdoor automotive sales within the Service Industrial (S.I.) and Freeway Commercial Overlay Zoning Districts (FCOZ) subject to a CUP. The applicant's business is located within the S.I. zone, and approval of the CUP would allow the applicant to sell two automobiles outdoors within the shared parking lot. The business is allocated four parking spaces, and two of the spaces would be designated for display purposes. The business has one employee working at one-time and operates on an appointment only schedule, so parking will not be a concern. Staff Report CUP 16-122 Lexurious Auto Sales Page 2 of 4 July 5, 2016 Background A. Property Description: The property is located on the north side of 42 d Avenue, east of Corporate Way, and west of Cook Street. The 21,262-square-foot two-story building was constructed in 2007. The building was approved for 9,869 square feet of office space and 11,393 square feet of warehouse space. Currently, the building is divided into 12 suites with each suite approximately 1,700 square feet. The site has 53 parking spaces, which allows each suite four parking spaces. s1 kkYy� t . , �'_• i► a � � F 'ul it �I�w1:.���M't II :�25,i�F� S �s R�� i i+ R ¢A TV; tr y W4 7� a a B. General Plan Designation and Zoning: The property is currently designated Industrial-Business Park (I-BP) in the General Plan and is zoned Service Industrial (S.I.) on the City's zoning map. &TIanningWemn Swartz\Word\CUP'S\CUP 16-122 Lexurious Auto Sales\Lexurious Stf Rpt.doc Staff Report CUP 16-122 Lexurious Auto Sales Page 3 of 4 July 5, 2016 C. Adjacent Zoning and Land Use: North: Service Industrial (S.I.) — Industrial Buildings South: Service Industrial (S.I.) — Industrial Buildings East: Service Industrial (S.I.)— Industrial Buildings West: Service Industrial (S.I.)— Industrial Buildings Project Description The existing business specializes in pre-owned Lexus brand vehicles and currently sells automobiles via the internet, and uses the location as an office. The applicant is requesting to expand the business and sell automobiles outdoors within the parking lot. The business is allocated four parking spaces: two would be dedicated for vehicle display. The business would operate Monday through Friday from 10:00 a.m. to 4:00 p.m., by appointment only, and has one employee working at any given time. Analysis The Palm Desert Municipal Code (P.D.M.C.) lists permitted, conditionally permitted, and prohibited land uses for each zoning district established in the City. The S.I. zoning district allows outdoor automobile sales, subject to the review of a CUP to ensure there is adequate parking and land use compatibility with surrounding properties. The Findings for Approval have been made and are found in Resolution No. 2672, attached. A. Land Use Compatibility: The site currently maintains existing offices and warehouse uses. The site is surrounded by existing offices, industrial uses, and residential homes. The site will operate five days a week between the hours of 10:00 a.m. and 4:00 p.m., which is consistent with other businesses in the area. Additionally, the proposed use would expand the City's business portfolio and allow outdoor automobile sales within the S.I. zone, providing an establishment for all other residents and visitors. B. Parking: Staff is unaware of any ongoing parking issues within the area. The building was parked for 53 parking spaces. The breakdown was for 9,869 square feet of office use at four parking spaces per 1,000 square feet and 11,393 square feet of warehouse use at two spaces per 1,000 square feet. Most industrial buildings in the vicinity are parked at two spaces per 1,000 square feet, so the current parking supply is higher. Each suite is allocated four parking spaces. Two of the spaces will be used for outdoor automobile display, one will be used for employee parking, and the last will be used by the customer. Since the business operates with one employee and on an appointment only schedule, staff believes that there is adequate parking available, and the use will not create a public nuisance in regards to parking. G RanningXemn Swartz\Word\CUP's\CUP 16-122 Lexudous Auto Sales\Lexurious Stf Rpt.doc Staff Report CUP 16-122 Lexurious Auto Sales Page 4 of 4 July 5, 2016 Environmental Review This project has been reviewed in accordance with the California Environmental Quality Act (CEQA). Staff has found this project to be categorically exempt, under Class 11: Accessory Structures, of the CEQA. Because of the categorical exemption no further environmental review is necessary. Submitted By: Kevin Swartz, Associate Planner Department Head: 2!VL Ryan Stendell, Director of Community Development G:1PlanningXem Swartz\Word\CUP'S\CUP 16-122 Lexudous Auto Sales\Lexudous Stf Rpt.doc PLANNING COMMISSION RESOLUTION NO. 2672 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, CONSIDERING ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW LEXURIOUS AUTO SALES TO DISPLAY TWO AUTOMOBILES OUTDOORS WITHIN THE PARKING LOT FOR SALE PURPOSES LOCATED AT 74-794 42ND AVENUE, SUITE 3 CASE NO: CUP 16-122 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of July, 2016, hold a duly noticed public hearing to consider the request by Lexurious Auto Sales/Julie Fleischman, for approval of the above noted project request; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, the Director of Community Development has determined that the proposed project request is categorically exempt under Article 19 Section 15311 Accessory Structures Projects (Class 11) of the CEQA; therefore, no further environmental review 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, the Planning Commission did find the following facts and reasons, which are outlined in the staff report reasons to approve said request: FINDINGS FOR APPROVAL: 1. That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. The site is located within the Service Industrial (S.I.) zoning district. The purpose of the S.I. zoning district allows for the manufacture, distribution, outdoor automobile sales, and service of products intended for use with the City and uses that are consistent with the residential, resort, and recreational character of the community. The existing building was constructed in 2007 and approved for office and warehouse Uses. The proposal to display two cars for outdoor sales within the shaded parking `lot requires a Conditional Use Permit (CUP) for land use compatibility and parking demand. It can be determined that the approval of this CUP is consistent with the existing surrounding land uses and with the on-site parking demand. The building also conforms to all development standards contained in the zoning ordinance. The proposed type of business conducted at this site will be compatible with the surrounding businesses. PLANNING COMMISSION RESOLUTION NO. 2672 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. The proposed conditional use is adjacent to properties with similar land uses. The site, which was improved with buildings and a parking lot, was originally constructed in 2007, and has operated with various office and warehouse uses. The proposed project to display two automobiles outdoors within the applicant's assigned parking spaces for sale purposes complies with the zoning code, and all building, life safety and environmental standards No new building and site improvements are necessary since the site complies with the Americans with Disabilities Act (ADA).Therefore, the conditional use, will not be detrimental to public health, safety, or welfare. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The proposed conditional use complies with all applicable development standards for building setbacks and height restrictions, and operational standards contained in the zoning code. Based on the parking study, staff`believes that there is adequate parking available, and the use will not create'a public nuisance. The proposed use does not require approval of any variances or adjustment. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's general plan. The General Plan Land Use designation for the site is "Industrial-Business Park (I- B.P.)." The Business Park provides for a flexible mix of office, service commercial, light manufacturing uses ranging from professional and medical offices to limited retail sales including restaurants. The proposed business will be geared towards clientele in the area and outside of the Coachella Valley. A primary objective stated in the Land Use Element of the General Plan under Industrial Goals, Policies and Programs is Goal 1, which provides for the development of business parks and non- polluting industrial uses, and which assures compatible integration with other, non- industrial land uses. Policy 6B.of the General Plan Land Use Element is to review all business park/industrial development proposals with a special regard for public health and safety issues to ensure that the type and intensity of the use is appropriate for the proposed location and comparative with surrounding land uses. The non-industrial use of outdoor automobile sales is a non-polluting use and offers the City to expand its business portfolio to residents and tourist. The proposed use will be using the same built improvements, rather than constructing new ones that would be used a small percentage of time. This project maintains a land use that is consistent with the goals, policies, and programs of the General Plan. The project is consistent with the General Plan in respect to the appropriate use of the proposed location. The business is compatible with surrounding land uses. PLANNING COMMISSION RESOLUTION NO. 2672 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 Planning Commission in this case. 2. That the Planning Commission does hereby approve the project as proposed, subject to conditions. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 5t' day of July, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: .JOHN GREENWOOD, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION PLANNING COMMISSION RESOLUTION NO. 2672 CONDITIONS OF APPROVAL CASE NO: CUP 16-122 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. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to the approved project and all Palm Desert Municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 3. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Building and Safety Department Public Works Department Fire Department 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. 4. Applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with counsel chosen by the city at applicant's expense. 5. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. 6. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals. 7. The business shall not display more than two automobiles outdoors for sale within the parking let.; 8. The automobiles for sale outdoor must be parked within the two dedicated parking spaces. 9. Each car shall be limited one sale/price sign displayed inside the vehicle on the dashboard. CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 16-122 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION FOR CONSIDERATION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVAL FOR LEXURIOUS AUTO SALES TO DISPLAY TWO CARS FOR SALE PURPOSES OUTDOORS WITHIN THEIR PARKING LOT LOCATED AT 74-794 42ND AVE, SUITE 3. The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), completed an Initial Study to review the potential environmental impacts of the project and have determined that the proposed request will not have a negative impact on the environment. Project Location: 74-794 42nd Avenue, Suite 3 Recommendation: Staff is recommending that the Planning Commission adopt a resolution supporting the project request. Public Hearing: The public hearing will be held before the Planning Commission on July 5, 2016 at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period on this project is from June 25 to July 5, 2016. Public Review: The project plans are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the Planning Commission hearing. All comments and any questions should be directed to: Kevin Swartz, Associate Planner 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 kswartz@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary June 25, 2016 Palm Desert Planning Commission ,r rx� t i r4 � w 'fr! p ; F i E >4 ;t � _......�.. ..ems - • f �.�.-A :3"-"�� e r ,_•�. --� t -,�r+r+rr�.�rri �rnwr.rrrwr�.r. ,=� i �1 ` } x v ¢ Y t ,e G I' a a it � a CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW A 2,400-SQUARE-FOOT DETACHED ACCESSORY STRUCTURE IN THE REAR YARD 25 FEET FROM THE PROPERTY LINE ON A 40,000-SQUARE-FOOT LOT LOCATED AT 77-700 DELAWARE PLACE SUBMITTED BY: Kevin Swartz, Associate Planner APPLICANT: Alfredo Alvidrez 77-530 Delaware Place Palm Desert, CA 92211 CASE NO: CUP 16-99 DATE: July 5, 2016 CONTENTS: 1. Draft Planning Commission Resolution No. 2673 2. Legal Notice 3. Exhibits Recommendation Waive further reading and adopt Resolution No. 2673, approving Conditional Use Permit (CUP) 16-99. Executive Summary The applicant's property is located within the Residential Estate (R-E) zone where the minimum lot size is 40,000 square feet. Section 25.40.050 "Accessory Structures" allows detached accessory buildings in the rear yard provided that the structure is set back from the property line at a distance equal to the structure's height, subject to the Planning Commission approving a Conditional Use Permit (CUP). The proposed 2,400-square-foot detached structure is 18 feet in height and set back 25 feet from the rear property line. Additionally, there is a 12-foot utility easement beyond the property line, so the structure is set back 37 feet from the rear neighbors block wall. On June 14, 2016, the Architectural Review Commission approved the architectural design of the structure. Staff Report CUP 16-99 Alvidrez Accessory Structure Page 2 of 4 July 5, 2016 Background A. Property Description: The property is located east of Palm Desert Country Club within the R-E zone, where the lots are 40,000 square feet or more. The property is located on the north side of Delaware Place, east of Warner Trail and west of Washington Street. The vacant 40,000-square-foot lot is rectangular in shape and relatively flat. x , a� i � 7, 17, ,- F Fes-.-r77� .-. 41 a a it - 1:1.807 n B. General Plan Designation and Zoning: The property is currently designated Low Density Residential (R-L) in the General Plan and is zoned Residential Estate (R-E) on the City's zoning map. G:\Planning\Ke,An Swartz\Ward\CUP's\CUP 16-99 Garage Setback\CUP 16-99 Stf Rpt.doc Staff Report CUP 16-99 Alvidrez Accessory Structure Page 3 of 4 July 5, 2016 C. Adjacent Zoning and Land Use: North: Residential Single-Family (R-1, 9,000) / Single-Family Homes South: Residential Estate (R-E)/Single-Family Home East: Residential Estate (R-E)/Single-Family Home West: Residential Estate (R-E) / Single-Family Home Project Description The proposed 2,400-square-foot detached accessory structure would be located within the rear yard, 25 feet from the rear property line. The structure is rectangular in shape and has a tile roof to match the future home. The construction plans for the future home have been approved by the ARC and City's Building and Safety Department. The accessory structure will house the applicant's RV and work trucks. Analysis The Palm Desert Municipal Code (P.D.M.C.) Section 25.40.050 "Accessory Structures" states that lots having 40,000 square feet of lot area or more may apply for a CUP for a detached accessory structure with a maximum height of 18 feet, one-story, provided that the structure is set back from the property line at a distance equal to its height. The proposed accessory building meets the guidelines of Section 25.40.050. The following table compares the development standards that are allowed by code under Section 25.40.050, and what is being proposed. Development Standard Allowed by Code Project Height 18, 18' Rear Yard Accessory 18' 25' Structures Section 25.40.050 Side Yards 18' 25' (west) 72' (east) Additionally, there is a 12-foot utility easement beyond the rear property line, so the structure actually sits 37 feet from the neighbor's block wall. The Findings for Approval have been made and are found in Resolution No. 2673, attached. A. Land Use Compatibility: The surrounding area consists of single-family homes on 40,000-square-foot lots to the east, west, and south. Most property owners within these areas have detached accessory structures that are garages, casitas, or storage buildings. The applicant's request is consistent with the neighborhood. To the north, there are single-family homes on 7,000 to 9,000-square-foot lots, which are three to four feet lower than the applicant's lot. With the GAPIanning\Kemn Swartz\Word\CUFs\CUP 16-99 Garage Setback\CUP 16-99 Stf Rpt.doc Staff Report CUP 16-99 Alvidrez Accessory Structure Page 4 of 4 July 5, 2016 structure located 37 feet from their rear block walls and having their lots lower, they should not visually see the structure while they are sitting in their backyards. The structure meets the intent of Section 25.40.050, and is architecturally compatible with the neighborhood, and should not impose negatively on the neighbors to the south. Environmental Review This project has been reviewed in accordance with the California Environmental Quality Act (CEQA). Staff has found this project to be categorically exempt, under Class 3: New Construction or Conversion of Small Structures, of the CEQA. Because of the categorical exemption no further environmental review is necessary. Submitted By: K��t„ ✓�ti� Kevin Swartz, Associate Planner Department Head: 14) Ryan Stendell, Director of Community Development GAPIanning\Kemn Swartz\Word\CUP'S\CUP 16-99 Garage Setback\CUP 16-99 Stf Rpt.doc PLANNING COMMISSION RESOLUTION NO. 2673 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, CONSIDERING ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A 2,400-SQUARE-FOOT DETACHED ACCESSORY STRUCTURE IN THE REAR YARD 25 FEET FROM THE PROPERTY LINE ON A 40,000-SQUARE-FOOT LOT LQCATED AT 77-700 DELAWARE PLACE CASE NO: CUP 16-99 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of July, 2016, hold a duly noticed public hearing to consider the request by Alfredo Alvidrez, for approval of the above noted project request; and WHEREAS, the Architectural Review Commission of the City of Palm Desert, California, did, at their meeting on June 14, 2016, review the plans and unanimously recommended approval of the plans to the Planning Commission; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did review the request in accordance with Palm Desert Municipal Code Section 25.72.050 "Conditional Use Permits" and Section` 25.40 050 ,,!'Aocessory Structures," and determined that the detached accessory structures area corad1tion61 use within the Residential Estate (R-E) zoning district; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, the Director of Community Development has determined that the proposed project request is categorically exempt under Article 19 Section 15303 New Construction or Conversion of Small Structures Projects (Class 3) of the CEQA; therefore, no further environmental review is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all ingested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report reasons to approve said request: FINDINGS FOR APPROVAL: 1. That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. The site is located within the Residential Estate (R-E.) zoning district. The purpose of the R-E zoning district is intended for residential estates with large-lot development or lower-density cluster-style projects. The existing lot was created under the jurisdiction of Riverside County, and is a legal lot of record. The proposal for a detached accessory structure within the R-E zone 25 feet from property line requires PLANNING COMMISSION RESOLUTION NO. 2673 a Conditional Use Permit (CUP) for land use compatibility. It can be determined that the approval of this CUP is consistent with the existing neighborhood, since most other homes in the area have an accessory structure. The building also conforms to all development standards outlined within Section 25.40.050 `Accessory Structures" contained in the zoning ordinance. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. The proposed conditional use is adjacent to properties with similar land uses. The site currently is vacant, but when constructed will be similar to the other homes and will not create any negative impacts. The proposed detached accessory structure complies with Section 25.40.050 "Accessory Structures" of the zoning code. The structure when constructed will comply W*h all building, life safety, and environmental codes. Therefore, the conditional use, will not be detrimental to public health, safety, or welfare. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or add ents. The proposed conditional use complies with all applicable development standards for accessory building setbacks per Section 25.40.050. "Accessory Structures" and height restrictions contained in the zoning code. Based-on the project submittal, staff believes that the use,will not create a public nuisance. The proposed use does not require approva! i any variances or adjustment. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's general plan.- The General Plan Land Use designation for the site is Low Density Residential. Goal 2 of the Land Use Element states, the preservation and enhancement of the City's existing neighborhoods. The proposed detached accessory structure is consistent with the neighborhood since other property owners have detached accessory structures. The addition of the building will preserve the existing neighborhood. Policy 3 of the Land Use Element states, the City shall encourage in-fill development to maximize the efficient utilization of land and infrastructure. The existing lot is 40,000 square feet and the proposed detached accessory structure is appropriate for the lot size. Many lots in other residential areas will not support these types of structures, but this lot does. The applicant is utilizing his lot square-footage and the existing infrastructure within Delaware Place. This project maintains a land use that is consistent with the goals, policies, and programs of the General Plan. The project is consistent with the General Plan in respect to the appropriate use of the proposed location. The detached accessory building is compatible with surrounding land uses. PLANNING COMMISSION RESOLUTION NO. 2673 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 Planning Commission in this case. 2. That the Planning Commission does hereby approve the project as proposed, subject to conditions. PASSED, APPROVED, AND ADOPTED by the Planning,Cemmission of the City of Palm Desert, California, at its regular meeting held on the §Ltray of July. 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN GREENWOOD, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION PLANNING COMMISSION RESOLUTION NO. 2673 CONDITIONS OF APPROVAL CASE NO: CUP 16-122 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. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to the approved project and all Palm Desert Municipal ordinances and state and federal stank 'now in force, or which hereafter may be in force. 3. Prior to issuance of a building permit for construction of' any use or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Building and Safety Department Public Works Department Fire Department Evidence of said permit or cleararce 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. 4. Applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with counsel chosen by the city at applicant's expense. 5. Any proposed change of this Conditional Use'Permit will require an amendment, which will result in a new public hearing. 6. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals. Department of Building and;Safety: 7. This project shall complwith the latest adopted edition of the following codes: A. 2013 California Building Code and its appendices and standards. B. 2013 California Plumbing Code and its appendices and standards. C. 2013 California Mechanical Code and its appendices and standards. D. 2013 California Electrical Code. E. 2013 California Energy Code. F. 2013 California Green Building Standards Code. G. Title 24, California Code of Regulations. H. 2013 California Fire Code and its appendices and standards. PLANNING COMMISSION RESOLUTION NO. 2673 8. A disabled access overlay of the precise grading plan is required to be submitted to the Department of Building and Safety for plan review of the site accessibility requirements as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10. 9. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B- 705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. 10. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 11. All contractors and/or owner-builders must submit a valid Certificate of Workers' Compensation Insurance coverage prior to the. issuance of a building permit per California Labor Code, Section 3700. CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 16-99 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION FOR CONSIDERATION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVAL TO CONSTRUCT A NEW 2,400-SQUARE-FOOT DETACHED ACCESSORY BUILDING 35 FEET FROM THE REAR PROPERTY LINE ON A 40,000-SQUARE-FOOT LOT LOCATED AT 77-700 DELAWARE PLACE. The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), completed an Initial Study to review the potential environmental impacts of the project and have determined that the proposed request will not have a negative impact on the environment. Project Location: 77-700 Delaware Place Recommendation: Staff is recommending that the Planning Commission adopt a resolution supporting the project request. Public Hearing: The public hearing will be held before the Planning Commission on July 5, 2016 at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period on this project is from June 25 to July 5, 2016. Public Review: The project plans are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the Planning Commission hearing. All comments and any questions should be directed to: Kevin Swartz, Associate Planner 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 kswartz@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary June 25, 2016 Palm Desert Planning Commission a 9Z0-09L-L£9'Md'V a I IZZb'HO'pasao wI°d C 8 y S 8DOW WeMeiea ooz" o o a a ZDJPIAIV OPaaflV 'SaW 8 'aW g N m � � � N<2h-ENO J06WN �, O :dOJ 3WOH WO1S(10 43SOdodd 1 LL J Z co "7d 3?Jt/M 1y73a a m< w u 31101,OVo69S 4 Z e Y�0 U c e him y o Lip a 0o F 4 4 0 �0 o0 $ g d �CQfL>f 86 96Y 61LL U V `] O p 1 F r'. 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Draft Planning Commission Resolution No. 2674 2. Legal Notice 3. Exhibits—Tentative Tract Map 33719 Amendment No. 1 Recommendation Waive further reading and adopt Planning Commission Resolution No. 2674, recommending approval of an amendment to Tentative Tract Map 33719 to the City Council, subject to the attached conditions. Executive Summary Approval of staffs recommendation will result in the application for an amendment to an approved Tentative Tract Map moving on to a public hearing before the City Council. The project, referred to as "Aventine," is a 159 lots, 18.6-acre subdivision located at the southwest corner of Frank Sinatra Drive and Portola Avenue. The applicant is requesting to amend Fire Department Condition of Approval No. 7, which specified minimum roadway widths, and revise the approved pad heights within the project. Staff Report Case No. TTM 33719 Amendment No. 1 Page 2 of 4 July 5, 2016 Background A. Property Description: The 18.6-acre parcel is located at the southwest corner of Frank Sinatra Drive and Portola Avenue. The parcel is vacant and consists of native desert vegetation and blow sand. The parcel also sits several feet above Frank Sinatra (four feet) and Portola Avenue (six feet). B. General Plan Designation and Zoning: The property is currently designated Medium Density Residential (R-M) in the General Plan and is zoned Planned Residential — 9 dwelling units per acre (P.R. — 9) on the City's zoning map. C. Adjacent Zoning and Land Use: North: Planned Residential - 5 (P.R. — 5) — Single-Family Homes South: Conventional Single Family (R-1-M)— Desert Willow Maintenance Facility East: Planned Residential — 5 (P.R. — 5) — Desert Willow/ The Retreat West: Open Space (O.S.) — Former Santa Rosa Country Club Project Description In 2006, the City Council approved a General Plan Amendment, Change of Zone, a Precise Plan, and Tentative Tract Map 33719 for the subdivision of 18.6 acres at the southwest corner of Frank Sinatra Drive and Portola Avenue. The new owners of the project are requesting revisions to the approved building pad heights, and a revision to Fire Department Condition of Approval No. 7, which established the minimum internal project roadway widths. Architectural and landscape plans were reviewed and approved by the City's Architectural Review Commission earlier this year, and are not part of this application. Analysis A. Pad Heights: Municipal Code Section 26.24.220 states that a subdivision final map must be substantially the same as the approved tentative map. For final maps "substantially the same" means: 1. On a lot-to-lot basis, the grade elevation shall not vary more than six inches plus or minus from what is shown on the approved tentative map. GAPlanning\Eric Ceja\Case Files\Tract Maps\T.33179 Catavina_Aventine\TTM 33719 A.1-PC Staff Report.doc Staff Report Case No. TTM 33719 Amendment No. 1 Page 3 of 4 July 5, 2016 2. That all provisions of law and of this chapter applicable at the time of approval of the tentative map have been complied with. 3. That the map is technically correct. If a final map is not substantially the same, as defined above, it requires approval by the Planning Commission before the City Engineer can certify the map and have it recorded by the developer. Because pad heights within the project are being revised more than six (6) inches, a public hearing is required. In review of the proposal, staff has no issue as it relates to the pad height changes. The changes will allow for better on-site drainage and are satisfactory given the current grade of the property. In addition, the proposal does not sustainably alter the originally approved tentative tract map and the proposed pad heights are similar to surrounding residential properties. B. Fire Condition of Approval No. 7 The originally approved tentative tract map included a condition of approval by the fire Department that established a minimum internal roadway width of 36 feet when on- street parking is allowed on both sides of the street and a roadway width of 32 feet when on-street parking is allowed on one side of the street. The Fire Department has reviewed the applicant's requests and is in support of the revision to the condition to eliminate those minimum widths. The reduced roadway widths are adequate for Fire Department access and are in accordance with safety standards. C. Public Hearings The tentative tract map, along with applications for a General Plan Amendment and Change of Zone, was approved in 2006 by the City Council. Because the adopted resolution establishing conditions was approved by the City Council, the application to amend the conditions will also need to be considered by Council. D. Findings of Approval Findings to support the applicant's request can be made and are contained in the attached resolution. Environmental Review In 2006, the City of Palm Desert, in its capacity as the Lead Agency for this project, adopted Resolution 06-66 approving a Negative Declaration of Environmental Impact under the California Environmental Quality Act (CEQA), for the originally approved Tentative Tract Map 33719. The proposal to amend the map will not create additional lots, will not significantly change the approved street or lot configurations, and is consistent with the originally approved Tentative Tract Map. As such, the adopted Negative Declaration of Environmental Impact is valid and approval of an amendment G:\Planning\Eric Ceja\Case Files\Tract Maps\T.33179 Catavina_Aventine\TTM 33719 A.1-PC Staff Report.doc Staff Report Case No. TTM 33719 Amendment No. 1 Page 4 of 4 July 5, 2016 to this map will not result in significant impacts to traffic, noise, air quality, or water quality. Submitted By: Eric Ceja, Prin pa Planner I Department Head: 74&_ Ryan Stendell, Director of Community Development GAPlanning\Enc Ceja\Case Files\Tract Maps\T.33179 Catavina_Aventine\TTM 33719 A.1-PC Staff Report.doc PLANNING COMMISSION RESOLUTION NO. 2674 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO TENTATIVE TRACT MAP 33719 TO MODIFY FIRE DEPARTMENT CONDITION OF APPROVAL NO. 7, AND TO REVISE APPROVED PAD HEIGHTS FOR A 159-LOTS RESIDENTIAL SUBDIVISION LOCATED AT THE SOUTHWEST CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE CASE NOS: TT 33719 Amendment No. 1 WHEREAS, the Planning Commission of the City of Palth Desert, California, did on the 5T" day of July 2016, hold a duly noticed public hearing to ctader the request by TTLC Catavina Investors, Inc. for approval of the above noted; and WHEREAS, said applications have complied the requirementsof the "City of Palm Desert Procedure for Implementation of the Calif06�`d Environmental Q6�1 Act," Resolution No. 2015-75, the Director of Community Develq �ent has determined that therject to amend the map will not have a negative impact on the er4 rent, and m '> WHEREAS, the City Council Resolution 06 Obddpted a negative declaration for the proposed subdivision and that the am ridment to the ma v�ll not create additional lots, will not significantly change the approved street bf,loth pfiguratioil d is consistent with the originally approved Tentative Tract Map. As suc' the a bPt d Nega��Declaration of Environmental Impact is valid and approval of an amendment to t ill ult in significant impacts to traffic, noise, air quality, uguality. gnu, � o l WHEREAS, %Q` publics hearing, on hearing and considering all testimony and arguments, if any o " "interested Pbbtsons des nng to be heard, said Planning Commission did find the following fa�� nd reason t exist to juWthe approval of said request: IBM ME FINDINGS FORAPPROV3. ,i� 140 RaW �' y �s't o proposed subdivision is consistent with applicable general "hat the de and specific p( s a The amendment the approved tentative tract map is consistent with the approved densities of nine units per acre for the single-family home site and the General Plat:Land Use Designation of Residential Medium Density of 4-10 units per acre. The"Ctrouncal;approved a General Plan Amendment in 2006 and the amendment to the 1rtp is consistent with that approval, in that the amended map does not increase the total number of lots within the project site. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvements of the subdivision have been reviewed by the Planning Department and Public Works Department for consistency with the General Plan. The lot sizes and drainage patterns meet all requirements of the General Plan. All existing perimeter streets are in conformance with the General Plan. Internal PLANNING COMMISSION RESOLUTION NO. 2674 project streets conform to City standards and are consistent with adjoining residential developments. 3. That the site is physically suitable for the type of development. The 18.67-acre project area is located in an area predominately developed with single-family residential communities that have successfully constructed similar types of development. No obstacles to development of surrounding subdivisions were experienced and, due to the proximity and similarity of the proposed development, it's reasonable to conclude that the site is physically suitq*for it. 4. That the site is physically suitable for the proposed den aty of development. The project area is located in an area predc�»'t� ately development with existing single-family communities to the south, north;,"and east. The t�posed density for the single-family site at nine units per acre and°is`consistent with su'ounding residential communities and the sites' zoning designation. The infrastructu laoils, and terrain serving the development will adequatelysup port these densities. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage'©� stilstantially and unavoidably injury to fish or wildlife or their habitat For purposes of CEQA, a N6Wve !? 1,,ar Ion of E�tvtronmental Impact was adopted by the City Council The p ed apaenf does not substantially alter the approved tentative,fact map, nit does� e additional lots. The design of the project will not se substantial oriental c ai",�ge or injure fish or wildlife or their habitat since,tie surrbdW, ng are , s been developed with similar densities and limited wild 6 is present at the site 6. That the desu�n,of the sul�dimmon or the,type of improvements is not likely to cause , The Rg destq end fput of the subdivision are in compliance with all grading requirements, Arad the` perties will be developed in accordance with the Uniform California Bull Code grade changes in the community are accommodated by 5raller retamm�+' tlls, which break up the need for single taller walls, which may ose private GIs and impact public health. In addition, pedestrian access is ph t ��lrtraffic,, to surrop#,ding roadways and communities, which decreases the need for veh� 0 between adjoining communities. "R 7. That the dt n 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. The proposed subdivision will be developed as a private gated residential communky and will not impact any public easements as part of the subdivision. In addition, the surrounding City streets are built-out to the General Plan designated width and will provide access to the project area. 2 PLANNING COMMISSION RESOLUTION NO. 2674 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 Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval to the City Council for an amendment to TT 33719, subject to conditions. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 5`h day€f,"', ly 2016, by the following vote, to wit: AYES: NOES: , e Y. ABSENT: ABSTAIN: ER OHN GfVENWOOD, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETAI PALM DESERTIPLANNIN ,COMMISSION 3 PLANNING COMMISSION RESOLUTION NO. 2674 CONDITIONS OF APPROVAL CASE NO. TT 33719 AMENDMENT NO. 1 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. Construction of a portion of the project shall commence within two (2) years from the date of final approval unless a time extension is granted; otherwise, sad approval shall become null, void and of no effect whatsoever. ,sue 3. All Conditions of Approval adopted in Resolution 06-066aF apply to this amended map, expect Fire Department Condition No. 7 which shall be nl' I d fo toad as follows: 7. Fire Department emergency vehicle appa access road`tttions and roadway design shall be in accordance with Q,-aJ08 nia Fire Code, C� of Palm Desert Municipal Code, and Riverside Count Fire Department standard'; Plans must be submitted to the Fire Department for view and �proval prior t ing permit issuance. r Fay 5 4 f y 1] 1' [1 111 [liq �l I I �11�` I 73-510 I'aeo WnaiNc Dluvr PALM Diis1?R'r, C,AL117ORNIA 92260-2 578 T>L:760 346—o6ii rnx: 76o 341-7098 .�s. info(?palnrdcsert.ort, CITY OF PALM DESERT LEGAL NOTICE CASE NO. TTM 33719 Amd. 1 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION TO CONSIDER A REQUEST BY TTLC CATAVINA INVESTORS, LLC FOR AN AMENDMENT TO TENTATIVE TRACT MAP 33719 ("AVENTINE") TO REVISE FIRE DEPARTMENT CONDITIONAL OF APPROVAL#7 AND TO REVISE PAD HEIGHTS FOR A 159-LOT 18 ACRE SUBDIVISION LOCATED AT THE SOUTHWEST CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE In 2006, the City of Palm Desert (City), in its capacity as the Lead Agency for this project, adopted Resolution 06-66 approving a Negative Declaration of Environmental Impact under the California Environmental Quality Act (CEQA), for the originally approved Tentative Tract Map 33719. The proposal to amend the map will not create additional lots, will not significantly change the approved street or lot configuration, and is consistent with the originally approved Tentative Tract Map. As such, the adopted Negative Declaration of Environmental Impact is valid and approval of an amendment to this map will not result in significant impacts to traffic, noise, air quality or water quality. Project Location/Description: Project Location: 38-301 Portola Avenue Project Description: In 2006, the City Council approved a General Plan Amendment, Change of Zone, Precise Plan, and Tentative Tract Map for a 159-lot, 18.67 acre, residential subdivision at the southwest corner of Frank Sinatra Drive and Portola Avenue. The applicant is proposing an amendment to the approved Tentative Tract Map to modify Fire Department Condition#7, which specified internal project street widths, and to revise approved pad heights within the subdivision. The scope of the subdivision is not materially changed by this amendment. Recommendation: Staff is recommending approval of the amended map subject to Conditions. Public Hearing: The public hearing will be held before the Planning Commission on July 5, 2016, at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period on this project is from June 25, 2016 to July 5, 2016. Public Review: The Tentative Tract Map application and related documents are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing.All comments and any questions should be directed to: Eric Ceja, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary June 25, 2016 Palm Desert Planning Commission Mz'CZ�T O = o0O o� O Q / � '�� �LL, �� \��I„II flL , COF � f <� � a.�' i EZ Z QY ¢ Z LLJ U W O Q `d W QLL W 0 LLj N /// - / Q O d p O ¢J lL LL ✓ /f j / U Q YGY N � U LL, co Z W < LLD //i ��o/ /'; (L tW�A� Wp a O O U j j,: / 1 ;/ i A / / a OyJ� "`X/ / LL 1- w W I f r Q J U f ■ O� ( Z f' W c. ---- Z LL w o f f U` / ! \. owezoo/ �a cL � �. � j, I / 1 �� • r LLJ o o LU 1 / �• ��0�� /� of CL Cl) F o LL o oo zw a Y 1'/f f( ■ p `'' 3 a a ;r / �N/SS�� vr / / a • • E � f; �c 10 N_MVO 839WV 9 � * • N � OLLJ #, / e 01S � • Q 'f /�lH�/N • U Z � LL_ J J f _ o OWE / W j �/ ZI • % x. 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