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HomeMy WebLinkAboutRes No 27411 1 1 PLANNING COMMISSION RESOLUTION NO. 2741 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP (TPM) FOR JCPENNY TO CREATE A NEW LOT WITHIN THE EXISTING PARKING LOT FOR FINANCING PURPOSES LOCATED AT 72-900 HIGHWAY 111; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: TPM 37436/18-0004 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of November 2018, hold a duly noticed public hearing to consider the request by Seaboard Engineering Company, for approval of the above -noted project request; 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, a 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, and the Director of Community Development has determined that the proposed project will not have a significant negative impact on the environment and staff has determined that the proposed subdivision of property is categorically exempt under Article 19 Section 15315 Minor Land Divisions of the CEQA; therefore, no further environmental review is necessary; and WHEREAS, the proposed project conforms to the Subdivision Map Act; and WHEREAS, the project does not physically divide an existing community and does not conflict with any applicable land use plan, policy, or regulation outlined in the General Plan; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify the approval of said request: FINDINGS FOR APPROVAL: 1. That the proposed subdivision is consistent with applicable general and specific plans. The proposed tentative parcel map is consistent with the General Plan Land Use Designation for Regional Retail. The zone allows for subdivisions and the new parcel for financing purposes meets the General Plan. 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. 2741 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 7.275 acres and has been graded and established. The proposed lot form is physically suitable for financing purposes, and future development. 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. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injury to fish or wildlife or their habitat. The creation of one (1) parcel 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 one (1) new parcel 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 one (1) additional parcel will not create a physical change to the existing site and will not cause public health problems. The lot will have access to a public street, Monterey Avenue and internal circulation. The lot 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 lot, if any. 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 at this site will not impact any existing public easements since access to the site is off of a public street, Monterey Avenue. 2 PLANNING COMMISSION RESOLUTION NO. 2741 1 1 1 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, if any, of the lot, will be subject to the development standards within the Planned Commercial Regional zone. The design of this subdivision and orientation of the lot 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 37436 as proposed. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 20th day of November 2018, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: ERIC CEJA, SECRETARY PALM DESERT PLANNING COMMISSION EPH PRADETT , CHAIRMAN 3 PLANNING COMMISSION RESOLUTION NO. 2741 CONDITIONS OF APPROVAL CASE NOS: TPM 37436/18-0004 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The applicant shall record Parcel Map 37436 within two (2) years of project approval. Construction of improvements, in accordance with the approved project, shall commence within two (2) years from the date of approval unless a time extension is granted; otherwise, said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to the approved project and all Palm Desert Municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire 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. 5. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 6. The 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. 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. 8. Horizontal control requirements shall apply to this map, including state plane coordinates, which shall conform to City of Palm Desert specifications. 9. The applicant shall dedicate a 20 feet wide easement on Lot 2 on the final map to the City of Palm Desert. 4