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HomeMy WebLinkAboutRes No 2476PLANNING COMMISSION RESOLUTION NO. 2476 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 35978 SUBDIVIDING A .97 ACRE PARCEL WITH AN EXISTING 9,886 SQUARE FOOT BUILDING INTO FIVE SEPERATE PARCELS WITH COMMON PARKING FOR SALE PURPOSES LOCATED AT 73-760 DINAH SHORE. CASE NO. TPM 35978 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of May 2008, hold a duly noticed public hearing to consider the request by PALM DESERT ASSOCIATES, L.P. for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act', Resolution No.06-78, in that the Director of Community Development has determined that the project will not have a negative impact on the environment and that the application is a Class 15 Categorical Exemption for purposes of CEQA, and therefore no further documentation is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons exist to justify the approval of said request: 1. That the proposed map is consistent with applicable general and specific plans. • The proposed Parcel Map is consistent with the Industrial -Business Park designation in the General Plan and with the approved precise plan of development. 2. That the design or improvements of the proposed map are consistent with applicable general and specific plans. • The proposed design of the five new parcels would not cause a negative impact to the existing design, would comply with all zoning ordinance requirements, and would retain consistency with the type of development stated in the Industrial -Business Park area General Plan designation. 3. That the site is physically suitable for the type of development. • The site is currently developed with a suitable building, parking, and pedestrian pathways. The proposed splitting of the parcel would not cause change to the existing development pattern. PLANNING COMMISSION RESOLUTION NO. 2476 • Improved streets with necessary utilities currently serve the property. 4. That the site is physically suitable for industrial/office development. • The site is within an existing industrial business park and all created lots meet development standards for the City's zoning ordinance and General Plan. 5. That the design of the Parcel Map or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. • The subject property was previously evaluated as part of Precise Plan 05-14 and an Environmental Assessment was prepared. The improvements have already been constructed, so this subdivision will not result in any physical changes to the environment and, therefore will not result in environmental damage. 6. That the design of the parcel or the type of improvements is not likely to cause serious public health problems. • The design of the parcel map is consistent with all provisions of the zoning ordinance with respect to public health safety and welfare. Any development on the proposed parcels will meet City development standards and the California Uniform Building Code. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. • There are no known public easements traversing through the site that will be affected by the subdivision. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That the Planning Commission does hereby grant approval of Tentative Parcel Map 35978, subject to the attached conditions. 2 PLANNING COMMISSION RESOLUTION NO. 2476 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of May, 2008, by the following vote, to wit: AYES: CAMPBELL, LIMONT, SCHMIDT, TANNER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: 7 LAURI AYLAIAN, Secretary Palm Desert Planning Commission VAN G. TANNER, Chairperson 3 PLANNING COMMISSION RESOLUTION NO. 2476 CONDITIONS OF APPROVAL CASE NO. TPM 35978 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. Tentative Parcel Map 35978 shall be recorded within two years from the date of final approval unless an extension of time is granted; otherwise said parcel map approval shall become null, void and of no effect whatsoever. 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. Applicant agrees to maintain the existing landscaping installed pursuant to these conditions. Applicant shall enter into an agreement or revise an existing agreement through a property owners' association to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. 5. All conditions of approval shall be recorded with the Riverside County Clerk before the final map is approved. Evidence of recordation shall be submitted to the Department of Community Development/Planning. 6. All conditions of approval for Case No. PP 05-14, approved by Planning Commission Resolution No. 2357 shall apply to the above noted project. 7. The map shall record a reciprocal easement for parking, access, drainage, and use of trash enclosure as applicable. Department of Public Works: 1. Complete parcel map shall be submitted as required by ordinance to the Director of Public Works for checking and approval prior to issuance of any permits including a copy of the CC&R's. 2. All underlying conditions from subject precise plan shall apply to parcel map. // 4