Loading...
HomeMy WebLinkAboutRes No 27681 1 1 PLANNING COMMISSION RESOLUTION NO. 2768 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP TO SUBDIVIDE A 2.93-ACRE COMMERCIAL LOT INTO TWO PARCELS AT 41725 COOK STREET, AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: TPM 37795/19-0002 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 The Altum Group, Inc. 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 Employment Center General Plan Land Use Designation. This designation allows office and light industrial development and the proposed subdivision meet all applicable standards with regard to minimum lot area. 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 per the Service Industrial Zoning (SI) designation. The design of the proposed subdivision will not cause the existing site development to become non -conforming with applicable development standards of the SI zoning designation. There is no specific plan for this development. PLANNING COMMISSION RESOLUTION NO. 2768 3. That the site is physically suitable for the type of development. The lot has been previously developed with an existing office building and light - industrial building. The existing site is adequate in size, topography, location, and other factors to accommodate the proposed subdivision. Utilities, including water, electrical, sewer, and gas are in place, and compatible with surrounding properties. 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. 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 public street, and the existing development on each of these lots conforms to all applicable development standards. The lots will not create serious public health problems, as utilities are available to support the site, use of the properties for office and light industrial is compatible with the surrounding properties. 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. No changes are proposed to the existing conforming development. 7. That the design of the subdivision or the type of improvements will not restrict solar access to the property. 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 37795, subject to conditions attached. 2 PLANNING COMMISSION RESOLUTION NO. 2768 1 1 1 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on this 3rd day of December 2019, by the following vote, to wit: AYES: GREENWOOD, GREGORY, and PRADETTO NOES: NONE ABSENT: DE LUNA and HOLT ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION ROl4 GR 3 PLANNING COMMISSION RESOLUTION NO. 2768 CONDITIONS OF APPROVAL CASE NO. TPM 37795/19-0002 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 37795 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. DEPARTMENT OF PUBLIC WORKS: Prior to the recordation of the parcel map: 6. The parcel map shall be submitted to the City Engineer for review and approval. 7. Horizontal control requirements shall apply to this map, including state plane coordinates, which shall conform to City of Palm Desert specifications. 4