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HomeMy WebLinkAboutRes No 2671PLANNING COMMISSION RESOLUTION NO. 2671 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 37137 TO SUBDIVIDE AN EXISTING PARCEL WITH THREE BUILDINGS INTO THREE SEPARATE PARCELS WITH A RECIPROCAL PARKING EASEMENT FOR SHARED PARKING LOCATED AT 41-555 COOK STREET CASE NO: TPM 37137 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of June, 2016, hold a duly noticed public hearing to consider the request by Joe Carman 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. 2015-75, in the Director of Community Development has determined that the proposed project is an 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 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. 1 PLANNING COMMISSION RESOLUTION NO. 2671 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 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 3.61 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 three 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 the new parcels of 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 three 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, Cook Street. 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 three new parcels on this site will not impact any existing public easements since access to the site is off of a public street, Cook Street. 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 2 G:\Planning\Monica OReilly\Planning Commission\2016\Resolutions\Res. No. 2671 TPM 37137 41555 Cook Street Subdivide Parcel.docx PLANNING COMMISSION RESOLUTION NO. 2671 w subdivision and orientation of the lots will not impact solar access to adjacent properties or the subject properties. 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 37137, 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 21st day of June 2016, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, KELLY, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 1 REEN OD, CHRPER_SbN 3 G:\Planning\Monica OReilly\Planning Commission \2016\Resolutions\Res. No. 2671 TPM 37137 41555 Cook Street Subdivide Parcel.docx PLANNING COMMISSION RESOLUTION NO. 2671 CONDITIONS OF APPROVAL CASE NO: TPM 37137 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 37137 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 37137 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. Utility easements that conflict with existing buildings will be quitclaimed prior to map recordation. 9. Reciprocal easements for access, drainage, landscaping, and parking between the parcels shall be provided for on the map. 10. Horizontal control requirements shall apply to this map, including state plane coordinates, which shall conform to City of Palm Desert specifications. 4 G:\Planning Monica OReilly\Planning Commission\2016\Resolutions\Res. No. 2671 TPM 37137 41555 Cook Street Subdivide Parcel.docx