HomeMy WebLinkAboutRes No 27191
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PLANNING COMMISSION RESOLUTION NO. 2719
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 37491 TO SUBDIVIDE
A 3.14-ACRE PARCEL CONTAINING AN EXISTING HOTEL AND A
VACANT PAD FOR A FUTURE RESTAURANT INTO TWO SEPARATE
PARCELS LOCATED AT 74-764 TECHNOLOGY DRIVE
CASE NO: TPM 37491
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 15th day of May 2018, hold a duly noticed public hearing to consider the
request by Manilal J. Patel 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 to exist to justify the approval of said request:
FINDINGS OF 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 Town Center Neighborhoods. The zone allows for subdivisions and
the two (2) new parcels meet the development standards in regard to 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.
PLANNING COMMISSION RESOLUTION NO. 2719
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 3.14-acres and has been partially developed and fully
graded. The proposed lot form is physically suitable for potential land users under
the Regional Planned Commercial zone. Utilities including water, electrical, sewer,
and gas are in place and compatible with surrounding properties. 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, Technology 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, Technology
Drive.
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PLANNING COMMISSION RESOLUTION NO. 2719
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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 Regional Planned Commercial zone. The
design of this 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 of the
Planning Commission in this case.
2. That the Planning Commission does hereby approve Tentative Parcel Map 18-0001,
subject to conditions attached.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm
Desert, California, at its regular meeting held on the 15th day of Mav 2018, by the following
vote, to wit:
AYES: DE LUNA, GREGORY, and PRADETTO
NOES: NONE
ABSENT: GREENWOOD and HOLT
ABSTAIN: NONE
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
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SEPH PRADETTO, CHAIRPERSON
PLANNING COMMISSION RESOLUTION NO. 2719
CONDITIONS OF APPROVAL
CASE NO. TPM 37491
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The operation of the facility shall conform substantially with approved exhibits on file with
the Department of Community Development, except as modified by conditions herein.
2. The project site shall be subdivided and maintained in conformance with the approved
plans and exhibits on file with the City. Any variation from the approved plans must be
reviewed and approved by the Community Development Department prior to building
permit issuance, and may require review and approval by the Planning Commission
and/or City Council.
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. The Permittee shall agree to defend, indemnify, and hold harmless, the City of Palm
Desert or its agents, officers, and employees from any claim, action or proceeding
against the City of Palm Desert or its agents, officers or employees, to attack, set aside,
void, or annul, any approval of the City of Palm Desert, whether by its City Council,
Planning Commission, or other authorized board or officer of the City. The City of Palm
Desert shall promptly notify the Permittee of any such claim, action, or proceeding, and
the City of Palm Desert shall cooperate fully in the defense.
5. Tentative Parcel Map 37491 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. All conditions of City Council Resolution No. 2014-40 shall remain in effect except as
modified by conditions herein.
DEPARTMENT OF PUBLIC WORKS:
Prior to recordation of the parcel map:
7. The parcel map shall be submitted to the City Engineer for review and approval.
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8. Easements for drainage, pedestrian, and public utility purposes shall be provided as
needed on the final parcel map.
9. 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.
Prior to the issuance of a grading permit:
10. The applicant shall submit a grading plan to the Department of Public Works for review
and approval. Any changes to the approved civil plans must be reviewed for approval prior
to work commencing.
11. The applicant shall submit a PM10 application for approval. The applicant shall comply
with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust
Control.
12. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section
24.20 Stormwater Management and Discharge Ordinance.
13. The applicant shall revise the existing WQMP for this site to accommodate the added
drainage from the proposed building.
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