HomeMy WebLinkAboutRes No 2630PLANNING COMMISSION RESOLUTION NO. 2630
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING TENTATIVE PARCEL
MAP 36741 TO CREATE A 3,222-SQUARE-FOOT PARCEL FOR AN
UNDERGROUND WATER WELL WITHIN THE BOUNDARIES OF
SHADOW MOUNTAIN GOLF COURSE ALONG FLAGSTONE LANE
(APN 630-120-008)
CASE NO: TPM 36741
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17th day of June, 2014, hold a duly noticed public hearing to consider the request by
The Reserve Club 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. 2014-41, in the Director of
Community Development has determined that the proposed project is a Class 15: Minor
Land Divisions (15315) 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 of Approval for Tentative Parcel Map 36741:
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 O.S., Open Space zone. The purpose of the zone is to
provide for areas reserved for parks, public, or private recreation. The new
parcel is located within Shadow Mountain Golf Course within a green belt
area. Shadow Mountain Golf Course was constructed under the jurisdiction of
the County of Riverside over 50 years ago, and the City does not have a
specific plan on file. Golf courses maintaining well sites are not uncommon.
On April 15, 2014, the Planning Commission approved the underground well
PLANNING COMMISSION RESOLUTION NO. 2630
site. The tentative parcel map will legally create the parcel, which will be
maintained by Shadow Mountain Golf Course.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
The site was previously improved to comply with City standards. The proposal
to subdivide the site does not require additional improvements. Although,
there is no specific plan on file with the City, the existing development and
use of the site have been designed to, and are consistent with, the General
Plan and the City's Subdivision Ordinance and Zoning Ordinance.
3. That the site is physically suitable for the type of development.
The project area totaling 3,222-square feet is located adjacent to existing
residential single-family homes. The underground well site has been designed
and previously approved for this type of development. It is reasonable to
conclude that the tentative parcel map to create the lot is physically suitable
for the area and the type of development.
4. 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 creation of additional parcel within Shadow Mountain Golf Course will not
cause substantial environmental damage or injuries to fish or wildlife or their
habitat. The site has previously been developed and has been in operation for
the past several decades. The creation of the new parcel at this site does not
create any new physical impacts on the environment.
5. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
The proposal to create the additional parcel will not create a physical change
to the existing site and will not cause public health problems. The parcel 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.
6. 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 creation of the new parcel is located within an existing residential
community and will not impact any public easements as part of the
subdivision.
7. That the design of the subdivision or the type of improvements will not restrict
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PLANNING COMMISSION RESOLUTION NO. 2630
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. No new
buildings are proposed as part of this land division.
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 36741, 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 17th day of June 2014, by
the following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2630
CONDITIONS OF APPROVAL
CASE NO: TPM 36741
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 36741 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 36741 will require an amendment, which will result in
a new public hearing.
DEPARTMENT OF PUBLIC WORKS:
8. The Parcel Map shall be submitted to the City Engineer for review and approval.
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