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HomeMy WebLinkAboutRes No 27491 1 1 PLANNING COMMISSION RESOLUTION NO. 2749 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 37611 TO SUBDIVIDE A 1.64-ACRE PARCEL INTO THREE SEPARATE PARCELS FOR THE FUTURE DEVELOPMENT OF A RETAIL COMMERCIAL CENTER AT THE SOUTHWEST CORNER OF WASHINGTON STREET AND AVENUE OF THE STATES; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: TPM 37611 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of February 2019, hold a duly noticed public hearing to consider the request by Lumar Devco, LLC for approval of the above -noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of November 2018, adopted Resolution No. 2744 approving a request to construct a 12,375-square-foot shopping center at the project site; 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 that 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 the 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 Suburban Retail Center. The zone allows for subdivisions and the three (3) 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. 2749 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 has been conditioned to provide public improvements under Planning Commission Resolution No. 2744. The future 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 1.64-acres and has been approved for the future development of a retail commercial center. The lot form is physically suitable for potential land users under the District Commercial Center 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 three (3) 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 three (3) 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 three (3) additional parcels will not create a physical change to the existing site and will not cause public health problems. Each lot will have access from a public 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 (3) new parcels at this site will not impact any existing public easements since access to the site is available from existing public streets. 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 District Commercial Center zone. The design 2 PLANNING COMMISSION RESOLUTION NO. 2749 1 1 1 of this subdivision and orientation of the lots will not impact solar access to adjacent properties or the subject properties. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER 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 37611 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 5th day of February 2019, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, and PRADETTO NOES: NONE ABSENT: HOLT ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 3 111/ RCSN GREGORY, C PLANNING COMMISSION RESOLUTION NO. 2749 CONDITIONS OF APPROVAL CASE NO. TPM 37611 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 37611 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. AM conditions of Planning Commission Resolution No. 2744 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. 4 PLANNING COMMISSION RESOLUTION NO. 2749 1 8. Easements for drainage, pedestrian, and public utility purposes shall be provided as needed on the final parcel map. 9. Right-of-way as may be necessary for the construction of required public improvements shall be provided on the parcel map as needed. 10. A monumentation deposit shall be submitted prior to scheduling the map for City Council approval. 11. Horizontal control requirements shall apply to this map, including state plane coordinates, which shall conform to City of Palm Desert specifications. 12. 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. 13. The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55. 14. Drainage fees shall be paid in accordance with Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653. 15. Prior to City Council approval of Tentative Parcel Map 37611, 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 include, but are not limited to: A. The modification of the existing median at Avenue of the States. The applicant shall submit a street improvement plan for review and approval prior to construction of the median. B. The removal and replacement of the curb, gutter, and 6' sidewalk on Avenue of the States and an 8' sidewalk on Washington Street as needed and as shown on the approved plan. 5