HomeMy WebLinkAboutRes No 2652PLANNING COMMISSION RESOLUTION NO. 2652
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT AND APPROVING TENTATIVE PARCEL MAP 36961 TO SUBDIVIDE
A 4.53-ACRE PARCEL INTO TWO (1.74-ACRE AND 2.79-ACRE)
PARCELS WITHIN THE SERVICE INDUSTRIAL ZONE
CASE NO: TPM 36961
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
4th day of August, 2015, hold a duly noticed public hearing to consider the request by
Marlorkand, LLC and C/O Kenny Dickerson and Brenton Horner 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. The 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 Article 19 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 for Approval:
Findings must be made in order to support the proposed land division as required by
Section 26.20.100, Planning Commission Action, of Title 26 Subdivisions, of the
Palm Desert Municipal Code.
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 for Industrial Business Park. The zone allows for subdivisions and
the two (2) new parcels meet the development standards in regards to lot sizes,
lot widths, and lot depths. The applicant is not proposing a building and/or
buildings as part of this subdivision. There is no specific plan for this
development.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
PLANNING COMMISSION RESOLUTION NO. 2652
The site was previously improved to comply with City standards. The proposal to
subdivide this site does not require additional improvements beyond what has
already been installed at the site. 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. There is no specific plan for this
development.
3. That the site is physically suitable for the type of development.
The original parcel totals 4.53 acres and has been graded and established. The
proposed lot form is physically suitable for potential land users under the Service
Industrial zone. Utilities including water, electrical, sewer, and gas are in place
and surrounding properties have successfully developed. This further subdivision
will not change the layout of the parcel.
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 two (2) additional parcels will not cause substantial environmental
damage or injuries to fish or wildlife or their habitat since the site has previously
been graded and developed. Creation of two (2) new parcels at this site does not
create any significant 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 two (2) additional parcels will not create a physical
change to the existing site and will not cause public health problems. Each lot will
have access to a public street, Dinah Shore Drive. The lots will not create serious
public health problems, as utilities are available to support the site. Mitigation
measures for dust control and noise will be enforced during any future
development of the lots.
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 two (2) new parcels at this site will not impact any existing
public easements since access to the site is off of a public street, Dinah Shore
Drive.
7. That the design of the subdivision or the type of improvements will not restrict
solar access to the property.
The project meets all development standard requirements as previously approved
under the original subdivision map. Future development of the lots will be subject
to the development standards within the Service Industrial zone. The design of this
subdivision and orientation of the lots will not impact solar access to adjacent
properties or the subject properties. Furthermore, the northern -most property line
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PLANNING COMMISSION RESOLUTION NO. 2652
of each property abuts undeveloped open space (Union Pacific Railroad) and
allows for direct solar access to each lot.
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 36961, 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 4th day of August 2015, by the
following vote, to wit:
AYES: CAMPBELL, DE LUNA, GREENWOOD, PRADETTO, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
DELL, C AIPERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2652
CONDITIONS OF APPROVAL
CASE NO: TPM 36961
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
Coachella Valley Water District
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. 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.
5. Tentative Parcel Map 36961 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.
6. Any proposed change to Tentative Parcel Map 36961 will require an amendment, which
will result in a new public hearing.
DEPARTMENT OF PUBLIC WORKS:
7. The parcel map shall be submitted to the City Engineer for review and approval.
8. Easements for drainage, pedestrian, and public utility purposes shall be provided as
needed on the parcel map.
9. Reciprocal access easements between the two parcels and adjacent parcels shall be
provided for on the map.
10. Right-of-way as may be necessary for the construction of required public improvements
shall be provided on the parcel map.
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PLANNING COMMISSION RESOLUTION NO. 2652
11. Access to Dinah Shore Drive shall be limited to the existing driveways.
12. Horizontal control requirements shall apply to this map, including state plane
coordinates, which shall conform to City of Palm Desert specifications.
13. 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.
14. Any parcel contributing drainage to the Mid -Valley Channel shall have maintenance
responsibilities.
15. The applicant shall submit Convenants, Conditions & Restrictions (CC&Rs) concurrently
with the final map for review and approval. Once approved by the City, the CC&R's shall
be recorded with the County Recorder's Office.
16. Prior to City Council approval of Tentative Parcel Map 36961, the applicant shall
construct or enter into an agreement and post security, in a form and amount acceptable
to the City Engineer, guaranteeing the construction of all off -site improvements.
Improvements shall be in accordance with the Development Agreement and shall
include; but are not limited to:
a. Construction of an 8' meandering sidewalk on Dinah Shore Drive.
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