HomeMy WebLinkAboutRes No 27781
PLANNING COMMISSION RESOLUTION NO. 2778
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
(CUP) APPLICATION FOR APPROVAL TO ALLOW A 740-SQUARE-FOOT
PROFESSIONAL REAL ESTATE AND FINANCIAL SERVICES OFFICE ON
THE GROUND FLOOR FRONTING EL PASEO LOCATED AT 73280 EL
PASEO, SUITE 1; AND ADOPTION OF A NOTICE OF EXEMPTION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
CASE NO: CUP 20-0006
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 16th day of June 2020, hold a duly noticed public hearing to consider the request by
Smoketree Investments for approval of the above -noted; 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. 2019-41, in the Director of Community Development has determined that
the proposed project is an Article 19 Class 32: Infill Development Projects Categorical
Exemption for purposes of CEQA and no further review is necessary; and
WHEREAS, the proposed project conforms to the Downtown (D) zoning district, and
the El Paseo Overlay District; and
WHEREAS, the proposed project is compatible with the uses along El Paseo and
provides an upscale professional business and clientele that will increase pedestrian traffic
along El Paseo year-round for shopping and dining experiences; 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, which are outlined in the staff report
reasons to approve the said request:
FINDINGS OF APPROVAL:
1. That the proposed location of the conditional use is in accordance with the objectives
of the Zoning Ordinance and the purpose of the district in which the site is located.
The site is located within the Downtown (D) zone,), and the El Paseo Overlay District
(EPOD). The Downtown zone and EPOD allows for professional office uses on the
ground floor fronting El Paseo, subject to a Conditional Use Permit (CUP). The zoning
districts are also designed as a pedestrian specialty retail/personal services that
attracts and sustains pedestrian interest. The proposed project establishes a land use
that provides an upscale professional business and clientele that will increase
pedestrian traffic year-round for shopping and dining experiences. The proposed
professional office use is in keeping with the zone and the EPOD, has it meets the
PLANNING COMMISSION RESOLUTION NO. 2778
criteria, and establishes a land -use pattern that provides an upscale business. The
proposed office use will operate in the same manner as the other retail uses along the
street. The business will not interfere with parking as determined by staff, and the
proposed use would complement the adjacent retail business uses and the other
restaurants along El Paseo and in the vicinity. Furthermore, the project does not
physically divide an existing community.
It can be determined that the approval of this CUP is consistent with the permitted and
conditionally permitted uses listed for the zoning district, and conforms to all
development standards contained in the zoning ordinance.
2. That the proposed location of the conditional use and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety, or
welfare, or be materially injurious to properties or improvements in the vicinity.
The proposed conditional use is adjacent to properties with similar zoning
designations and commercial and office uses. The surrounding area, which was
improved with existing buildings and parking lots, has been operating for years with
various commercial retail and office uses. The proposed professional real estate office
will be compatible, and will not create a negative impact such as noise to the adjacent
businesses.
Building improvements and site operations will comply with all building, life safety, and
environmental standards during construction and continued operations, including dust
mitigation, stormwater discharge, health licensing, and fire prevention strategies. All
building and site improvements will comply with the Americans with Disabilities Act
(ADA). Therefore, the conditional use, building, and site improvements will not be
detrimental to public health, safety, or welfare, and will enhance surrounding
properties rather than detract from them.
3. That the proposed conditional use will comply with each of the applicable provisions
of this title, except for approved variances or adjustments.
The proposed CUP to allow a professional real estate office on the ground floor
fronting El Paseo will comply with all applicable development standards for parking
requirements and operational standards contained in the zoning code. The proposed
use does not require the approval of any variances or adjustment.
4. That the proposed conditional use complies with the goals, objectives, and policies of
the City's general plan.
The City's General Plan designates this property as "City Center/Downtown," which
allows a variety of civic, cultural, entertainment, retail, restaurants, and other
commercial services organized along walkable streetscapes. Staff believes that the
proposed professional real estate office is a compatible use and offers an upscale
business and clientele that will create pedestrian traffic year-round for shopping and
dining experiences. The proposed use is in keeping with the General Plan by creating
a walkable business along El Paseo. Furthermore, the project does not physically
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PLANNING COMMISSION RESOLUTION NO. 2778
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divide an existing community and does not conflict with any applicable land use plan,
policy, or regulation outlined in the General Plan.
Additionally, the General Plan includes a Commercial Core Area Specific Plan that
includes commercial properties along El Paseo and other parts of the City. The
overarching goal of the Specific Plan is to "maximize the project area's potential for
high quality economic development compatible with Palm Desert's overall community
goals and self-image." The proposed use complies with the Commercial Core Specific
Plan as they make a substantial investment into the building along El Paseo.
The City's Strategic Plan also states priorities for El Paseo identified in the City's
Strategic Plan, including the following:
Land Use - Priority 4: "Create a mixed -use city core integrating shopping, dining,
lodging, and housing."
Tourism and Marketing — Priority 1: "Improve access to Palm Desert and its attractions
to enhance the ease of lifestyle."
Transportation — Priority 1: "Create walkable neighborhoods and areas within Palm
Desert that would include residential, retail, services and employment centers, and
parks, recreation and open space to reduce the use of low occupancy vehicles."
The proposed use is in keeping with the General Plan and the vision within the General
Plan, and meets the City's Strategic Plan and emphasizes on creating a "city
center/downtown."
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 CUP 20-0006, subject to the
conditions of approval (attached).
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PLANNING COMMISSION RESOLUTION NO. 2778
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 16th day of June 2020, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, and HOLT
NOES: NONE
ABSENT: PRADETTO
ABSTAIN: NONE
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
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LINAY HOLT, C
PLANNING COMMISSION RESOLUTION NO. 2778
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CONDITIONS OF APPROVAL
CASE NO. CUP 20-0006
Department of Community Development:
1. The Project site shall be developed and maintained in conformance with the approved
plans on file with the Department of Community Development, except as modified by
conditions herein.
2. All construction documentation shall be coordinated for consistency, including, but not
limited to, architectural, structural, mechanical, electrical, plumbing, landscape and
irrigation, grading, and street improvement plans. All such plans shall be consistent with
the approved entitlement plans on file with the Department of Community Development.
3. Any proposed modifications to this Conditional Use Permit shall require an amendment
to the application, which will result in a new public hearing.
4. 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
Coachella Valley Water District
5. 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.
6. The professional real estate/financial services office shall operate in a 749-square-foot
suite.
7. The Applicant shall preserve the exterior building as a retail use in nature.
8. The applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
Department of Building and Safety:
9. This project shall comply with the latest adopted editions of the following codes:
A. 2016 California Building Code and its appendices and standards.
B. 2016 California Plumbing Code and its appendices and standards.
C. 2016 California Mechanical Code and its appendices and standards.
D. 2016 California Electrical Code.
E. 2016 California Energy Code.
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PLANNING COMMISSION RESOLUTION NO. 2778
F. 2016 California Green Building Standards Code
G. 2016 California Administrative Code.
H. 2016 California Fire Code and its appendices and standards.
10. A disabled access overlay of the precise grading plan is required to be submitted to the
Department of Building and Safety for plan review of the site accessibility requirements
as per 2016 CBC Chapters 11 A & B (as applicable) and Chapter 10.
11. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-
705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA
requirement is more restrictive than the State of California, the ADA requirement shall
supersede the State requirement. 7. Provide an accessible path of travel to the trash
enclosure. The trash enclosure is required to be accessible. Please obtain a detail from
the Department of Building and Safety.
12. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm Desert Municipal Code, Title 5.
13. All contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
14. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 116-
206).
15. Address numerals shall comply with Palm Desert Ordinance No. 1310 (Palm Desert
Municipal Code 15.28. Compliance with Ordinance 1310 regarding street address
location, dimension, stroke of line, distance from the street, height from grade, height from
the street, etc. shall be shown on all architectural building elevations in detail. Any possible
obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may
render the building address unreadable shall be addressed during the plan review
process. You may request a copy of Ordinance 1310 or Municipal Code Section 15.28
from the Department of Building and Safety counter staff.
Fire Department:
16. This facility shall submit a fire pre -inspection request and fee for review of the layout,
egress, and occupancy load. Appropriate state forms shall be submitted by the licensing
agency to the Fire Department for field inspection and final approval.
END OF CONDITIONS
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