HomeMy WebLinkAboutRes No 2482PLANNING COMMISSION RESOLUTION NO. 2482
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
35982 SUBDIVIDING A 1.16 ACRE PARCEL WITH AN EXISTING 21,262
SQUARE FOOT OFFICE / INDUSTRIAL BUILDING INTO 13 SEPARATE
PARCELS INCLUDING AIR SPACE FOR CONDOMINIUM SALE
PURPOSES LOCATED AT 74-794 42ND AVENUE.
CASE NO. TPM 35982
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 5th day of August 2008, hold a duly noticed public hearing to consider the request
by WILLIAM POPE / JHA ENGINEERING, INC. 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 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 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. The proposed design of the 13 new lots 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.
PLANNING COMMISSION RESOLUTION NO. 2482
3. That the site is physically suitable for the type of development.
The site is currently developed with a suitable building, parking, and
pedestrian pathways. The proposed splitting of the parcel would not cause
change to the existing development pattern.
Improved streets with necessary utilities currently serve the property.
4. That the site is physically suitable for 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 03-
23 and determined to be exempt from CEQA. 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.
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PLANNING COMMISSION RESOLUTION NO. 2482
2. That the Planning Commission does hereby grant approval of Tentative
Parcel Map 35982, subject to conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 5th day of August, 2008, by the following vote, to wit:
AYES: CAMPBELL, CAMPBELL, LIMONT, TANNER
NOES: NONE
ABSENT: SCHMIDT
ABSTAIN: NONE
ATTEST:
t_AURI AYLA'IAN, Secretary
Palm Desert Planning Commission
f�
VAN G. TANNER, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2482
CONDITIONS OF APPROVAL
CASE NO. TPM 35982
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 35982 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. 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.
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. PP 03-23, approved by Planning
Commission Resolution No. 2283 shall apply to the above noted project.
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.
Department of Building and Safety:
1. Project must conform to the current State of California Codes. The following are
the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE
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PLANNING COMMISSION RESOLUTION NO. 2482
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
The information provided does not verify compliance with the CBC. The
reference to twelve separate parcels may be interpreted as property lines and
therefore the separate buildings would not comply. The subdivision must be
recorded similar to "Air Space" condominiums where the Association maintains
the single building and common area and the owners are responsible for their
"Space" within the walls. As submitted the project does not adequately describe
how the subdivision will be legally defined.
2. Please contact Debbie Le Blanc, Land Management Specialist, at the
Department of Building and Safety (760-776-6420) regarding the addressing of
all buildings and / or suites.
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