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HomeMy WebLinkAboutRes No 27651 1 1 PLANNING COMMISSION RESOLUTION NO. 2765 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP TO SUBDIVIDE A 1.14-ACRE PARCEL INTO TWO PARCELS AT 890 CRESCENT FALLS, WITHIN THE CANYONS AT BIGHORN GOLF CLUB, AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: TPM 37781 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of November 2019, hold a duly noticed public hearing to consider the request by Sandy Investments, LLC for approval of the above -noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the CEQA" Resolution No. 2019-41, in that the Director of Community Development has determined that the project will not have a significant impact on the environment and that the project is categorically exempt under Article 19, Section 15315 — Minor Subdivisions (Class 15) of the CEQA Guidelines; 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 Golf Course & Resort Neighborhood General Plan Land Use Designation. This designation allows residential development and preservation of passive or recreational open space areas. The subdivision meets the minimum lot area and dimension requirements, as well as maximum residential density limits. 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. The site was previously developed to comply with City standards. The future development and use of the site will comply with provisions of the General Plan and the City's and Zoning Ordinance. There is no specific plan for this development. PLANNING COMMISSION RESOLUTION NO. 2765 3. That the site is physically suitable for the type of development. The original parcel totals 1.14 acres and was previously graded and improved for use as single-family residences. 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 an additional 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. Additionally, the proposed map constitutes a reversion to a previous map approval, as the current lot was once comprised of two separate parcels. The creation of a 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 an additional parcel within will not create a physical change to the existing site and will not cause public health problems. Each lot will have access to a private street, Crescent Falls, and the development of these lots as single-family homes conforms with the development of surrounding properties. The lots will not create serious public health problems, as utilities are available to support the site, use of the properties for the future development of single-family homes is compatible with the surrounding properties, and 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 a new parcel at this site will not impact any public easements as part of the subdivision. 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 as single-family homes will be subject to a one-story, 20-foot maximum height limit and side yard setbacks of 5-feet or greater. The design of this subdivision and orientation of the lots will not impact solar access to adjacent properties or the subject properties. Furthermore, the southernmost property line of each property abuts undeveloped open space and allows for direct solar access to each lot. 2 PLANNING COMMISSION RESOLUTION NO. 2765 1 1 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 37781 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 November 2019, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 3 RO)>4 GREGORY, CHAI PLANNING COMMISSION RESOLUTION NO. 2765 CONDITIONS OF APPROVAL CASE NO. TPM 37781 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. 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. 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. The Applicant 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 Applicant of any such claim, action, or proceeding, and the City of Palm Desert shall cooperate fully in the defense. 5. Tentative Parcel Map 37781 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. Development standards established for Tract Map 25296-6 shall apply to the parcels created under this map. DEPARTMENT OF PUBLIC WORKS: Prior to the 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. 2765 1 1 1 8. Record a Declaration of Annexation incorporating the new lots/owners into the existing Homeowners Association and CC&R's concurrently with the parcel map, unless the existing CC&R's have provisions for such annexation, then proof of which shall be submitted prior to parcel map approval. 9. Horizontal control requirements shall apply to this map, including state plane coordinates, which shall conform to City of Palm Desert specifications. Prior to the issuance of a grading permit: 10. 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. 11. 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. 12. 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. 13. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 14. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. 5