Loading...
HomeMy WebLinkAboutRes No 2569PLANNING COMMISSION RESOLUTION NO. 2569 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 36395 TO SPLIT A 19.47-ACRE PARCEL INTO TWO PARCELS SEPARATING AN EXISTING RESIDENTIAL DEVELOPMENT FROM AN EXISTING COMMERCIAL DEVELOPMENT LOCATED AT 37-540 COLLEGE DRIVE. CASE NO. TPM 36395. WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of October 2011, hold a duly noticed public hearing to consider the request by KAMBIZ KAMDAR 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.10-26, in that the Director of Community Development has determined that the project will not have a negative impact on the environment and that the application is a Class 1 Categorical Exemption for purposes of CEQA, and therefore no further documentation is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons exist to justify the approval of said request: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The existing square footage of improvements in the proposed subdivision is consistent with the University Park Planning Area designation in the General Plan. No new improvements are a part of this subdivision and the general plan designations will remain the same. The proposed parcel subdivision does not change the density from what was previously approved as being consistent with the general and specific plans. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. This subdivision would not change the design of the previously constructed improvements. The proposed design of the two 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 previously approved in the University Park Planning Area's General Plan designation. 3. That the site is physically suitable for the type of development. The site is currently developed with suitable buildings and parking. The proposed splitting of the parcel would not cause change to the existing PLANNING COMMISSION RESOLUTION NO. 2569 development pattern. Improved streets with necessary utilities currently serve the property. Therefore, the site is suitable for the development. 4. That the site is physically suitable for the proposed density of development. The subject subdivision would not change the overall square footage or density of the previously approved and constructed improvements. 5. That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat The improvements have already been constructed. This subdivision will not result in any physical changes to the environment and, therefore, will not result in any environmental impacts. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The design of the parcel map as conditioned is consistent with all provisions of the Zoning Ordinance and with the California Building Code with respect to public health safety and welfare. 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 36395 (Exhibit "A"), subject to conditions attached. 2 PLANNING COMMISSION RESOLUTION NO. 2569 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of October 2011, by the following vote, to wit: AYES: CAMPBELL, DE LUNA, LIMONT, TANNER AND DASH NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 3 )14 SONIA CAMPBELL, Chairperson PLANNING COMMISSION RESOLUTION NO. 2569 CONDITIONS OF APPROVAL CASE NO. TPM 36137 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file in the Department of Community Development, as modified by the following conditions. 2. Tentative Parcel Map 36395 shall be recorded within two (2) years from the date of final approval unless an extension of time is granted; otherwise said parcel map approval shall become null, void and of no effect whatsoever. 3. Applicant agrees to maintain the existing landscaping installed pursuant to these conditions. Applicant shall enter into an agreement or revise an existing agreement through a property owners' association to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. Department of Public Works: 1. All previous conditions from PP 06-01 shall apply to this map except for Public Works condition number 16. The applicant is not responsible for the modification of the Cook Street median. 2. The applicant shall submit a completed application to apportion special assessment (Community Facilities District) 2005-1. 4