HomeMy WebLinkAboutRes No 2621PLANNING COMMISSION RESOLUTION NO. 2621
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION
FROM ENVIRONMENTAL IMPACT ANALYSIS, AND APPROVAL OF
TENTATIVE PARCEL MAP 36502 TO SUBDIVIDE A 2.09-ACRE SITE
INTO FOUR PARCELS (THREE SINGLE-FAMILY LOTS AND ONE
RETENTION BASIN LOT) LOCATED AT 49-425 JFK TRAIL (APN 655-
300-017)
CASE NO: TPM 36502
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 6th day of May 2014, hold a duly noticed public hearing to consider the request by
DRRS Holdings, LLC and Ross, Johnson and Associates for approval of the above
noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of March 2014, continued the request by DRRS Holdings, LLC and Ross,
Johnson and Associates for approval of the above noted; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the
City must determine whether a proposed activity is a project subject to CEQA. If the
project is subject to CEQA, staff must conduct a preliminary assessment of the project
to determine whether the project is exempt from CEQA review. If a project is not
exempt, further environmental review is necessary. Further review from a non-exempt
project would result in a Negative Declaration, a Mitigated Negative Declaration or an
Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project
may have a significant impact on the environment. The said application has complied
with the requirements of the "City of Palm Desert Procedure for Implementation of the
California Environmental Quality Act," Resolution No. 2013-16, in the Director of
Community Development has determined that the proposed project is a Class 32: In -Fill
Development Projects (15332) Categorical Exemption for purposes of CEQA and no
further 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, said Planning
Commission did find the following facts and reasons, which are outlined in the staff
report reasons to approve the said request:
Findings for Approval:
1. That the proposed map is consistent with applicable general and specific plans,
as amended.
The proposed tentative parcel map is consistent with the General Plan Land
Use Designation of Low Density Residential 0-4 units per acre. The low
density designation provides for single-family residential development
PLANNING COMMISSION RESOLUTION NO. 2621
including estate residential uses. The low density designation typically
provides for subdivisions and Planned Residential Developments (PRDs),
which may include golf course -oriented resort developments. The project site
is located within Ironwood Country Club, which is a PRD. The property site is
considered a residential estate, which is also consistent with the low density
designation.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The design and improvements of the new subdivision have been reviewed by
City staff for consistency with the General Plan. The lot sizes and drainage
patterns meet all requirements of the General Plan. All streets with the
subdivision are private streets, but they will be constructed in conformance
with the General Plan. The streets will be maintained by the Homeowners'
Association.
3. That the site is physically suitable for the type of development.
The project area totaling 2.09-acres is located adjacent to existing residential
single-family homes. The area has been designed and approved for this type
of development. No obstacles were experienced when the Crosby Estates
within Ironwood Country Club was approved for this area. It's reasonable to
conclude that the site is physically suitable for this type of residential use.
4. That the site is physically suitable for the proposed density of development.
The project will create a total of three residential single-family lots. The property
is zoned R-1, 20,000. Under the zoning designation, each lot must be a
minimum of 20,000 square feet. The newly created lots range in size from
20,000 to 34,000 square feet. The proposed density is under the maximum
allowed under the low density designation of 0-4 units per acre. The
infrastructure, soils, and terrain serving this proposed subdivision will
adequately support the three single-family lots. The project is physically
suitable for the proposed development density.
5. The design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantial and avoidable injury to
fish, wildlife, or their habitat.
The design of the project will not cause substantial environmental damage or
injure fish or wildlife or their habitat since it is infill development; the
surrounding area has been developed with similar single-family lot sizes and
densities.
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PLANNING COMMISSION RESOLUTION NO. 2621
6. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
The tentative parcel map design of three single-family lots and one retention
basin lot will be in compliance with all grading requirements. The single-family
homes will be developed in accordance with the 2013 California Building
Code, which has been issued by the California Building Standards
Commission in order to protect the health and safety of the general public.
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.
The new single-family lots are located within a private residential community
and will not impact any public easements as part of the subdivision.
8. That the design of the subdivision or the type of improvements will not restrict
solar access to the property.
The project meets all code requirements. The design of the subdivision will not
impact solar access to adjacent properties or the subject property. All single-
family homes shall be reviewed and approved by the City prior to construction.
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 for
approval of the Planning Commission in this case.
2. That the Planning Commission does hereby approve TPM 36502.
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PLANNING COMMISSION RESOLUTION NO. 2621
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 6t" day of May 2014, by the
following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, and GREENWOOD
NOES: NONE
ABSENT: STENDELL
ABSTAIN: NONE
ROGR'DASH, CHAIRPERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2621
CONDITIONS OF APPROVAL
CASE NO: TPM 36502
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development/Planning, 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 all 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 contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Building & Safety Department
City Fire Marshal
Public Works 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. All conditions of approval shall be recorded with the Riverside County Clerk's office
before any building permits are issued. Evidence of recordation shall be submitted to
the Department of Community Development/Planning.
5. 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.
6. Tentative Parcel Map 36502 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.
7. Any proposed change to TPM 36502 will require an amendment, which will result in
a new public hearing.
DEPARTMENT OF PUBLIC WORKS:
8. Submit the Parcel Map for review and approval to the Director of Public Works.
9. Easements for drainage purposes shall be dedicated on the parcel map.
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PLANNING COMMISSION RESOLUTION NO. 2621
10. Lot B, retention basin, shall be maintained by the homeowners' association for the
proposed subdivision.
11. Submit a grading plan to the Department of Public Works for review and approval. Any
changes to the approved civil or landscape plans must be reviewed for approval prior
to work commencing.
12. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed
with the State Water Resources Control Board. Such evidence shall consist of a copy
of the NOI stamped by the State Water Resources Control Board or the Regional
Water Quality Control Board, or a letter from either agency stating that the NOI has
been filed.
13.Submit a PM10 application to the Department of Public Works for approval. The
applicant shall comply with all provisions of Palm Desert Municipal Code Section
24.12 regarding Fugitive Dust Control.
14. Pad elevations, as shown on the tentative map, are subject to review and modification
in accordance with Chapter 27 of the Palm Desert Municipal Code.
15. Record a Declaration of Annexation incorporating the new lots/owners into the existing
homeowners' association and CC&R's concurrently with the parcel map, unless the
existing CC&R's have provisions for such annexation, then proof of which shall be
submitted prior to parcel map approval.
16. Identify all proposed and existing utilities on the precise grading plan.
17. Submit a landscape plan concurrently with the precise grading plan for review and
approval. Applicants are advised to use the City of Palm Desert Design Guide when
designing plans. Landscape plans must meet the following criteria:
a. Must be water efficient in design and meet the City of Palm Desert's Water
Efficient Landscape Ordinance.
b. Planting plans must show location of proposed and existing utilities.
c. Must match approved civil plans.
d. All specs and details must be site specific.
e. Applicants must have CVWD approval of their irrigation plans prior to City
approval.
f. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
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