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Home My WebLink AboutRes No 2632PLANNING COMMISSION RESOLUTION NO. 2632 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NOTICE OF EXEMPTION OF ENVIRONMENTAL IMPACT, AND APPROVAL OF TENTATIVE PARCEL MAP 36614 TO CREATE TWO NEW PARCELS WITHIN THE LAS SOMBRAS SHOPPING CENTER (APN 640-020-006) CASE NO: TPM 36614 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of August, 2014, hold a duly noticed public hearing to consider the request by Steve Doctor, C&SD Construction, Inc., 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 36614: 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 the Resort/Hotel Commercial designation. The purpose of the zone is to provide for the development of hotel, entertainment, and restaurant facilities with related commercial uses, mainly along Highway 111. The Las Sombras shopping center was previously approved under DP 01-78 for restaurant and related commercial uses. The center has been operating under those uses for over 30 years. The proposed tentative parcel map will legally create another parcel, which is planned for restaurant use. The proposed map will not alter the intention of the property. PLANNING COMMISSION RESOLUTION NO. 2632 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The site was previously approved to comply with City standards. The proposal to subdivide the site does not require additional improvements. 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 site was previously approved under DP 01-78 for restaurant and commercial uses. The site has been operating for the past 30 years for this type of development. The site will not be altered or changed by the proposed subdivision. 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 the additional parcel within the Las Sombras shopping center will not cause substantial environmental damage or injuries to fish, wildlife, or their habitat. The site has previously been developed and has been in operation for the past 30 years. 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 Subdivision Map Act. 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 commercial shopping center, which maintains a reciprocal parking easement. The existing reciprocal parking easement will not be modified, and customers will continue to use the parking lot as it exists today. The tentative parcel map 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 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. G:\Planning\Monica OReilly\Planning Commission\2014\Resolutions\Res. No. 2632 TPM 36614 Las Sombras.doc 2 PLANNING COMMISSION RESOLUTION NO. 2632 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 36614, 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 19th day of August 2014, by the following vote, to wit: AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL NOES: NONE ABSENT: NONE ABSTAIN: NONE ROGESDASH, CHAIRPERSON ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION G:\Planning\Monica OReilly\Planning Commission\2014\Resolutions\Res. No. 2632 TPM 36614 Las Sombras.doc 3 PLANNING COMMISSION RESOLUTION NO. 2632 CONDITIONS OF APPROVAL CASE NO: TPM 36614 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 36614 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 36614 will require an amendment, which will result in a new public hearing. DEPARTMENT OF PUBLIC WORKS: 8. The underlying conditions of approval for PM 13559 shall apply to this project. 9. The Parcel Map shall be submitted to the Director of Public Works for review and approval. G:\Planning\Monica OReilly\Planning Commission \2014\Resolutions\Res. No. 2632 TPM 36614 Las Sombras.doc 4 PLANNING COMMISSION RESOLUTION NO. 2632 10. Easements for pedestrian/drainage purposes shall be dedicated on the parcel map for those areas where the existing sidewalks and drainage devices along the street frontages are located outside of the existing public right of way. 11. Right-of-way along Highway 111 shall be dedicated to the City of Palm Desert for street and public utility purposes to a half width of 55 feet. G:\Planning\Monica OReilly\Planning Commission \2014\Resolutions\Res. No. 2632 TPM 36614 Las Sombras.doc 5