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HomeMy WebLinkAboutITEM 2A - Case TPM 38933 PC 10-9-24 PLANNING COMMISSION STAFF REPORT DATE: OCTOBER 9, 2024 PUBLIC HEARING SUBJECT: A REQUEST BY WINTEC ENERGY, LTD, OWNER, FOR A TENTATIVE PARCEL MAP (TPM) 38933 REQUESTING TO SPLIT ONE (1) VACANT LARGER LOT OF 56.46-ACRES INTO TWO (2): PARCEL 1 = 19.62- ACRES AND PARCEL 2 = 36.83-ACRES FOR THE PURPOSE OF FUTURE DEVELOPMENT CONSISTENT WITH THE LISTED USES IN THE E-1 (ENERGY INDUSTRIAL) ZONE LOCATED AT APN 666-320-026, 18TH AVENUE AND KAREN AVENUE, ZONE E-1, (CASE NO. STM 2024- 0003) (GM). FROM: DEPARTMENT OF PLANNING SERVICES SUMMARY: This is a request for the Planning Commission to consider a Tentative Parcel Map to split one (1) larger vacant lot of 56.46-acres into two (2) parcels as follows: Parcel 1 = 19.62 acres and Parcel 2 = 36.83-acres located at 18th Avenue and Karen Avenue in the far north part of the City. Any future development must be consistent with the listed uses in the existing E-1 (Energy Industrial) zone per Section 92.17.2 of the Palm Springs Zoning Code and the Industrial (IND) General Plan Land Use Designation. There are no development plans at this time. ISSUES: 1. The Planning Commission often reviews a Tentative Parcel Map (TPM) as part of a larger development package, however at this time the property owner reserves the right to possibly sell the parcel in the future for development. 2. The California Subdivision Map Act does allow the subdivision of land without an associated development approval. 3. The subject site has a Land Use Designation of Industrial (IND) which allows for the development of warehouses, research and development parks, light manufacturing and industrial services. 4. A CEQA analysis would be performed by staff and reviewed by the Planning Commission as required for any development proposal once it is submitted. RECOMMENDATION: That the Planning Commission determine that the project is Categorically Exempt as a Planning Commission Staff Report October 9, 2024 – Page 2 of 6 Case TPM 38933 Class 15 Exemption - “Minor-Land Divisions” as the project does not propose any development as part of the approval of the Tentative Parcel Map subject to attached conditions of approval. BUSINESS PRINCIPAL DISCLOSURE: The applicant has submitted a Business Disclosure form stating that the property is owned by Wintec Energy, LTD, as a California Limited Liability Company with Fred Nobel as having an equal share in the business. The signed Public Integrity Disclosure form is attached. PROJECT DESCRIPTION: The application before the Planning Commission is for a two (2) lot Tentative Parcel Map (38933) as the action will allow the larger vacant parcel to be split into two (2) lots. As described below: The applicant is seeking approval to split the vacant 56.46-acre lot into two lots as follows: Parcel 1 = 19.62 – acres Parcel 2 = 36.83 – acres The new Parcel 1 would have a 660-foot frontage along 18th Avenue and Parcel 2 would have a 1,051-foot frontage along 19th Avenue, both streets are yet to be constructed. The subject lots are currently vacant and contains native vegetation and are ungraded. Any future development including grading would require additional review by the Planning Commission depending on proposed development. Site: Parcel 1 Planning Commission Staff Report October 9, 2024 – Page 3 of 6 Case TPM 38933 BACKGROUND AND SETTING: Most Recent Ownership 10/27/2009 Wintec, LTD Sign Posting of Pending Project 8/27/2024 Posting of property with “Project Under Consideration” sign. Notification 9/26/2024 Public hearing notices sent to all property owners within 500 feet of property. DETAILS OF APPLICATION REQUEST: Site Area 56.46-Acres Parcel 1 = 19.62 acres Parcel 2 = 36.83 acres General Plan, Zoning and Land Uses of Site & Surrounding Areas Existing General Plan Designations Existing Zoning Designation Existing Land Use Site IND (Industrial) E-1 (Energy Industrial) Vacant North IND (Industrial) E-1 (Energy Industrial) Vacant South IND (Industrial) E-1 (Energy Industrial) Solar Farm East IND (Industrial) E-1 (Energy Industrial) Vacant West IND (Industrial) E-1 (Energy Industrial) Vacant FINDINGS – TENTATIVE TRACT MAP 38933: Pursuant to Section 66474 of the Subdivision Map Act, the following findings must be made relative to the proposed map: 1. The proposed Tentative Tract Map or Tentative Parcel Map is consistent with all applicable general and specific plans. The Tentative Parcel Map (TPM) proposes to split one existing lot of 56.46 acres into two (2) lots with Parcel 1 = 19.62 acres and Parcel 2 = 36.83 acres for the purpose of future development consistent with the General Plan designation of Industrial (IND). The Industrial (IND) land use typically includes warehouses, research and development parks, light manufacturing, laboratories, and industrial services. The approval of the TPM will allow for future development consistent with the E-1 (Light Industrial) zone and land uses per the Industrial designation. I Planning Commission Staff Report October 9, 2024 – Page 4 of 6 Case TPM 38933 Specific goals and policies of the IND include: Goal LU3 Attract and retain high-quality industrial and business park development. LU3.1 Encourage well planned research and development areas and business parks that contain coordinated design guidelines and enhanced amenities. LU3.2 Promote opportunities for expansion and revitalization of industrial uses within the City. LU3.7 Continue to work with the Chamber of Commerce and other business promotion groups within the City to attract new industrial businesses to Palm Springs. The vacant site has development potential to meet the stated goals above and the finding has been met. 2. The design and improvements of the proposed Tentative Parcel Map are consistent with the zone in which the property is located. The subject 56.46- acre parcel is currently zoned E-1 (Energy Industrial) which typically includes areas for alternative energy development, industrial development, and cultivation uses including warehouses, research and development parks, light manufacturing, laboratories, and industrial services. The approval of the TPM will allow for future development consistent with the E-1 (Light Industrial) zone and land uses per the Industrial designation. Any new project must be consistent with underlying zoning and General Plan Land Use designation and continue through the required entitlement process reviewed by the Planning Commission and the finding has been met. 3. The site is physically suited for this type of development. The parcel is physically suited for the TPM as it is currently undeveloped and vacant and contains native scrub brush and other plantings. The 56.46-acre parcel located at the far north end of the City is an area that is designated for future development. The vacant lot is relatively flat with a gentle slope downward from north to south. The two parcels created will each be adequate in size to accommodate future uses that would be consistent with the Industrial land use. Access will be via the construction of a new 18th Avenue and Karen Avenue. Proposed conditions of approval will address all required site modifications consistent with City Standards and will assure safe access to any future development and the finding has been met. 4. The site is physically suited for the proposed density of development. The Tentative Parcel Map does not provide a specific project site plan and layout currently, however, it does propose to split one (1) lot into two (2) resulting in an undeveloped parcel which is physically suited for any future proposed development at a density consistent with the Industrial land use designation. Industrial zoning allows for a 0.50 FAR for a stand-alone industrial use. Given that each parcel to be created will be more than 36 and 19 acres, Planning Commission Staff Report October 9, 2024 – Page 5 of 6 Case TPM 38933 respectively, this will permit a wide variety of industrial projects to be developed on each parcel. The approval of the TPM will allow the vacant property to be sold or developed in a manner that is consistent with the Industrial land use and development standards of the E- 1 zone and the finding has been met. 5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The subject site is a flat ungraded lot with native vegetation. The TPM project has been determined to be Categorically Exempt as a Class 15 “Minor-Land Division” for CEQA purposes. The act of dividing the parcel with no development as of yet will not disturb any habitat area, however any future development will require DEQA analysis should a proposal be submitted. The approval of the lot split into two (2) parcels will cause no environmental damage as a result of the proposed parcel map and the finding has been met. 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems. Any development of the site would be consistent with Section 94.04 of the Palm Springs Zoning Code requiring further review by the Planning Commission and Architectural Review Committee for proposed building elevations, site and landscape plans. Any future development will be designed in a way that meets and exceeds City Standards and will include connections to all public utilities including water and sewer systems. The development will have appropriately designed and constructed streets and internal private driveways built to City standards providing ingress/egress. Access to the site to be via the construction of 18th Avenue connecting with North Indian Canyon Drive. 7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. The Tentative Parcel Map shows several easements on both parcels. For Parcel 1 there is a reciprocal access easement on the east property line providing for a future street. In addition, there is a water easement running through the middle of the parcel. Parcel 2 has a large electrical transmission easement that bisects the southwest corner of the property. These easements will remain and do not affect the splitting of this parcel. Any proposed development will need to take into consideration these easements and propose a design that does not encroach or invalidate these easements, and the finding has been met. ENVIRONMENTAL DETERMINATION: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is Categorically Exempt under CEQA Section 153015, Class 15 (Minor-Land Divisions) – The site is zoned for industrial use into four (4) or fewer parcels when the division is in Planning Commission Staff Report October 9, 2024 – Page 6 of 6 Case TPM 38933 conformance with the General Plan and zoning, and no variances or exceptions are required. CONCLUSION: The proposed Tentative Parcel Map to split one 56.46-acre lot into two parcels (Parcel 1 = 19.62-acres; Parcel 2 = 36.83-acres) complies with all the requirements outlined in the above-mentioned sections of the Palm Springs Municipal Code and Zoning Code. Therefore, Staff recommends approval of the proposed application and the determination that the project is Categorically Exempt as a “Minor-Land Division” development. Further review by the Planning Commission and Architectural Review Committee will occur with the submission of a Major Development Permit, and Major Architectural Application when a future development on either site is proposed. PREPARED BY: Glenn Mlaker, AICP – Associate Planner REVIEWED BY: Edward Robertson, Principal Planner REVIEWED BY: Christopher Hadwin, Director of Planning Services ATTACHMENTS: 1. Vicinity Map 2. Draft Resolution & Conditions of Approval 3. Justification Letter 4. Business Disclosure Form 5. Tentative Tract Map 38815 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP (TPM) 38933 TO SPLIT ONE (1) VACANT LOT OF 56.46-ACRES INTO TWO (2): PARCEL 1 = 19.62-ACRES AND PARCEL 2 = 36.83-ACRES FOR THE PURPOSE OF FUTURE DEVELOPMENT CONSISTENT WITH THE LISTED USES IN THE E- 1 (ENERGY INDUSTRIAL ) ZONE; A CATEGORICAL EXEMPTION DETERMINATION AS A CLASS 15 “MINOR-LAND DIVISION” PER CEQA FOR A PROJECT LOCATED AT APN 666-320-026, 18TH AVENUE AND KAREN AVENUE, ZONE E-1. (CASE NO. TPM 38933) THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS: A. Wintec Energy, LTD, (“Applicant”) has submitted an application with the City pursuant to Chapter 9.62 of the City’s Municipal Code for a tentative parcel map (TPM 38933) and Section 66474 of the Subdivision Map Act requesting to split one (1) larger 56.46-acre lot into two (2) lots: Parcel 1 = 19.62 acres; and Parcel 2 = 36.83-acres for future development. The application includes the Categorical Exemption determination as a Class 15 “Minor-Land Division” development to meet the requirements of the California Environmental Quality Act (CEQA). B. A notice of the public hearing for Case TPM 38933 was given in accordance with applicable law. C. On October 9, 2024, a public hearing on the proposed Tentative Parcel Map (TPM) 38933 was held by the Planning Commission in accordance with applicable law. D. The Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. E. The proposed project associated with the above applications (“Project”) is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”) and is determined to be Categorically Exempt as Class 15 “Minor-Land Division”. The site is zoned for industrial use into four (4) or fewer parcels when the division is in conformance with the General Plan and zoning, and no variances or exceptions are required. Planning Commission Resolution No. October 9, 2024 Case TPM 38933 Page 2 of 4 THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of California Subdivision Map Act Section 66474, the Planning Commission finds as follows: 1. The proposed Tentative Tract Map or Tentative Parcel Map is consistent with all applicable general and specific plans. The Tentative Parcel Map (TPM) proposes to split one existing lot of 56.46 acres into two (2) lots with Parcel 1 = 19.62 acres and Parcel 2 = 36.83 acres for the purpose of future development consistent with the General Plan designation of Industrial (IND). The Industrial (IND) land use typically includes warehouses, research and development parks, light manufacturing, laboratories, and industrial services. The approval of the TPM will allow for future development consistent with the E-1 (Light Industrial) zone and land uses per the Industrial designation. Specific goals and policies of the IND include: Goal LU3 Attract and retain high-quality industrial and business park development. LU3.1 Encourage well planned research and development areas and business parks that contain coordinated design guidelines and enhanced amenities. LU3.2 Promote opportunities for expansion and revitalization of industrial uses within the City. LU3.7 Continue to work with the Chamber of Commerce and other business promotion groups within the City to attract new industrial businesses to Palm Springs. The vacant site has development potential to meet the stated goals above and the finding has been met. 2. The design and improvements of the proposed Tentative Parcel Map are consistent with the zone in which the property is located. The subject 56.46- acre parcel is currently zoned E-1 (Energy Industrial) which typically includes areas for alternative energy development, industrial development, and cultivation uses including warehouses, research and development parks, light manufacturing, laboratories, and industrial services. The approval of the TPM will allow for future development consistent with the E-1 (Light Industrial) zone and land uses per the Industrial designation. Any new project must be consistent with underlying zoning and General Plan Land Use designation and continue through the required entitlement process reviewed by the Planning Commission and the finding has been met. Planning Commission Resolution No. October 9, 2024 Case TPM 38933 Page 3 of 4 3. The site is physically suited for this type of development. The parcel is physically suited for the TPM as it is currently undeveloped and vacant and contains native scrub brush and other plantings. The 56.46-acre parcel located at the far north end of the City is an area that is designated for future development. The vacant lot is relatively flat with a gentle slope downward from north to south. The two parcels created will each be adequate in size to accommodate future uses that would be consistent with the Industrial land use. Access will be via the construction of a new 18th Avenue and Karen Avenue. Proposed conditions of approval will address all required site modifications consistent with City Standards and will assure safe access to any future development and the finding has been met. 4. The site is physically suited for the proposed density of development. The Tentative Parcel Map does not provide a specific project site plan and layout currently, however, it does propose to split one (1) lot into two (2) resulting in an undeveloped parcel which is physically suited for any future proposed development at a density consistent with the Industrial land use designation. Industrial zoning allows for a 0.50 FAR for a stand- alone industrial use. Given that each parcel to be created will be more than 36 and 19 acres, respectively, this will permit a wide variety of industrial projects to be developed on each parcel. The approval of the TPM will allow the vacant property to be sold or developed in a manner that is consistent with the Industrial land use and development standards of the E-1 zone and the finding has been met. 5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The subject site is a flat ungraded lot with native vegetation. The TPM project has been determined to be Categorically Exempt as a Class 15 “Minor-Land Division” for CEQA purposes. The act of dividing the parcel with no development as of yet will not disturb any habitat area, however any future development will require DEQA analysis should a proposal be submitted. The approval of the lot split into two (2) parcels will cause no environmental damage as a result of the proposed parcel map and the finding has been met. 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems. Any development of the site would be consistent with Section 94.04 of the Palm Springs Zoning Code requiring further review by the Planning Commission and Architectural Review Committee for proposed building elevations, site and landscape plans. Any future development will be designed in a way that meets and exceeds City Standards and will include connections to all public utilities including water and sewer systems. The development will have appropriately designed and constructed streets and internal private driveways built to City standards providing ingress/egress. Access to the site to be via the construction of 18th Avenue connecting with North Indian Canyon Drive. Planning Commission Resolution No. October 9, 2024 Case TPM 38933 Page 4 of 4 7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. The Tentative Parcel Map shows several easements on both parcels. For Parcel 1 there is a reciprocal access easement on the east property line providing for a future street. In addition, there is a water easement running through the middle of the parcel. Parcel 2 has a large electrical transmission easement that bisects the southwest corner of the property. These easements will remain and do not affect the splitting of this parcel. Any proposed development will need to take into consideration these easements and propose a design that does not encroach or invalidate these easements, and the finding has been met. THE PLANNING COMMISSION RESOLVES: That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolutions. Based upon the foregoing, the Planning Commission hereby approves Tentative Parcel Map (TPM 38933) to split one (1) larger 56.46-acre lot into two (2) lots: Parcel 1 = 19.62 acres; and Parcel 2 = 36.83-acres for future development subject to the conditions set forth in the attached Exhibit A. ADOPTED this 9th day of October, 2024. MOTION: AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA ______________________________________ Christopher Hadwin Director of Planning Services RESOLUTION NO. EXHIBIT A Case: Tentative Parcel Map 38933 Wintec, LTD October 9, 2024 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case TPM 38933, except as modified the conditions below. ADM 2. Tentative Parcel Map. This approval is for Tentative Parcel Map TTM 38933 to split one (1) larger lot into two (2): Parcel 1 = 19.62-acres and Parcel 2 = 56.46-acres located at APN 666-320-026, 18th Avenue and Karen Avenue with plans date stamped August 14, 2024, and on file in the Planning Division except as modified by the conditions below. This approval shall be subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Development Services Director or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Tentative Parcel Map 38933. The City of Palm Springs will Conditions of Approval Page 2 of 3 TPM 38933 October 9, 2024 promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Time Limit on Approval. Approval of the Tentative Parcel Map (TTM 38933) shall be valid for two (2) years from the effective date of approval unless an extension of time is granted by the Subdivision Map Act and or the Planning Commission. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. ADM 7. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05. Permits will not be issued until the appeal period has concluded. PLANNING DIVISION CONDITIONS PLN 1. Applications Required. Further review is required for a Major Development Permit, and Major Architectural Application for future development. PLN 2. No Development of Site. The newly formed two (2) parcels shall remain vacant and in a natural state until such time that a future development shall be approved by the Planning Commission. There shall be no grading of the site or use for off-street parking unless approved by the Director of Planning Services. PLN 3. Prior to recordation of the final subdivision map, the developer shall submit for review and approval the following documents to the Planning Division which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approved tentative map: a. Deed restrictions, easements, covenant conditions and restrictions that are to be recorded. b. The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for access into the proposed parcels. The approved documents shall contain a provision which provides that they may not be terminated or Conditions of Approval Page 3 of 3 TPM 38933 October 9, 2024 substantially amended without the consent of the City and the developer’s successor-in-interest. ENGINEERING DEPARTMENT CONDITIONS The Engineering Services Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval. MAP ENG 1. A Parcel Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Services Department for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Services Department as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of permits for any future development. ENG 2. Upon approval of a final parcel map, the final parcel map shall be provided to the City in G.I.S. digital format, consistent with the “Guidelines for G.I.S. Digital Submission” from the Riverside County Transportation and Land Management Agency.” G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, ArcInfo Coverage or Exchange file, DWG (AutoCAD drawing filetype), DGN (Microstation drawing filetype), DXF (AutoCAD ASCII drawing exchange filetype), and PDF (Adobe Acrobat document filetype) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. END OF CONDITIONS