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HomeMy WebLinkAbout2021-09-21 PC Regular Meeting Agenda Packet CITY OF PALM DESERT REGULAR PALM DESERT PLANNING COMMISSION MEETING AGENDA TUESDAY, SEPTEMBER 21, 2021 — 6:00 P.M. ZOOM VIRTUAL MEETING I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. SUMMARY OF CITY COUNCIL ACTIONS V. ORAL COMMUNICATIONS In consideration of the current Coronavirus/COVID-19 Pandemic and pursuant to California Governor Newsom's Executive Orders, Planning Commissioners may participate via teleconference. Any person wishing to discuss any item not appearing on the agenda may address the Planning Commission via the Zoom session at this point by giving his/her name and address for the record. Remarks shall be limited to a maximum of three (3) minutes unless the Planning Commission authorizes additional time. Because the Brown Act does not allow the Planning Commission to take action on items not on the Agenda, members will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for a report and recommendation at a future Planning Commission meeting. THREE OPTIONS FOR PARTICIPATING IN THE MEETING Option 1 —To Participate by email: 1. Send your comments by email to: planning(a cityofpalmdesert.org. Emails received by 3:00 p.m. prior to the meeting will be made part of the record and distributed to the Planning Commission. This method is encouraged because it will give the Commissioners the opportunity to reflect upon your input. Emails will not be read aloud. Option 2 — To Participate and Provide Verbal Comments by Using Your Internet 1. Click the link: https://Palmdesert.zoom.us 2. Webinar ID: 867 6692 0556 Passcode: 574018 AGENDA REGULAR PLANNING COMMISSION MEETING SEPTEMBER 21, 2021 Option 3 — To Listen and Provide Verbal Comments Using Your Telephone 1. Dial (for higher quality, dial a number based on your current location): 2. Telephone US: +1 669 219 2599 US (San Jose) or +1 213 338 8477 US (Los Angeles) or +1 602 753 0140 US (Phoenix) or +1 971 247 1195 US (Portland) or +1 253 215 8782 US (Tacoma) 3. Enter the Webinar ID: 867 6692 0556 Passcode: 574018 followed by #. 4. Indicate that you are a participant by pressing # to continue. 5. You will hear audio of the meeting in progress. Remain on the line if the meeting has not yet started. 6. During the meeting, Press *9 to add yourself to the queue and wait for City staff to announce your name. Staff will unmute your line when it is your turn to speak. LIMIT YOUR COMMENTS TO THREE (3) MINUTES Staff reports and documents for agenda items are available for public inspection at the Planning/Land Development Division and on the City's website: www.cityofpalmdesert.or_g. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE PLANNING COMMISSION OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular Planning Commission meeting of September 7, 2021. Rec: Approve as presented. VII. CONSENT ITEMS HELD OVER Vill. NEW BUSINESS None IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless the Planning Commission authorizes additional time. 2 AGENDA REGULAR PLANNING COMMISSION MEETING SEPTEMBER 21, 2021 A. REQUEST FOR CONSIDERATION to adopt a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA), and approval of a Conditional Use Permit (CUP)to allow Emmett Golfcars to provide retail sales of golf carts within the Service Industrial zone located at 75175 Merle Drive, Suite 180. Case No. CUP 21-0002 (Emmett Golfcars, Palm Desert, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2797, adopting a Notice of Exemption, and approving Case No. CUP 21- 0002, subject to the conditions of approval. XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION XIII. REPORTS AND REMARKS XIV. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 16th day of September 2021. M o",,c O'R e i,(" Monica O'Reilly, Management Specialist II 3 CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES • TUESDAY, SEPTEMBER 7, 2021 — 6:00 P.M. ZOOM VIRTUAL MEETING I. CALL TO ORDER Chair John Greenwood called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Chair John Greenwood Vice-Chair Nancy DeLuna Commissioner Ron Gregory Commissioner Lindsay Holt Commissioner Joseph Pradetto Also Present: Craig Hayes, Assistant City Attorney Martin Alvarez, Director of Development Services Eric Ceja, Deputy Director of Development Services/Economic Development Rosie Lua, Principal Planner Nick Melloni, Associate Planner Kevin Swartz, Associate Planner Monica O'Reilly, Management Specialist II III. PLEDGE OF ALLEGIANCE Chair Greenwood led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTIONS None V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 7, 2021 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of August 17, 2021. Rec: Approve as presented. B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application to adjust the lot line between Lots 15 and 16 of Tract No. 25720-1 (119 and 125 Netas Court). Case No. PMW 21-0005 (McGee Surveying, Inc., Indio, California, Applicant). Rec: By Minute Motion, approve Case No. PMW 21-0005. C. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application for lot line adjustments for Lots 1, O, and P of Tract No. 25296-3. Case No. PMW 21- 0006 (Egan Civil, Inc., Indio, California, Applicant). Rec: By Minute Motion, approve Case No. PMW 21-0006. Upon a motion by Commissioner Pradetto, seconded by Vice-Chair DeLuna, and a 5- 0 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION to adopt a Notice of Categorical Exemption in accordance with the California Environmental Quality Act (CEQA); and approve a Precise Plan application to increase the approved pad elevations of Lot Nos. 1 and 2 of Tentative Tract Map (TTM) 30438 for two existing single-family residential lots within the Stone Eagle community. Case No. PP 21-0007 (Vintage-Stone Eagle, LLC, Newport Beach, California, Applicant). Associate Planner Nick Melloni presented the staff report (staff report(s) and the Zoom meeting video are available at https://www.citVofpalmdesert.org/our-city/committees- and-commissions/planning commission-information-center). 2 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 7, 2021 After staff answered questions from the Planning Commission, Chair Greenwood declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. Ms. Pat Hartman, the representative for Vintage Communities, stated that she and the civil engineer were available to answer any questions. With no testimony offered, Chair Greenwood declared the public hearing closed. Vice-Chair DeLuna moved to waive further reading and adopt Planning Commission Resolution No. 2796, adopting a Notice of Categorical Exemption; and approving Case No. PP 21-0007, subject to the conditions of approval. The motion was seconded by Commissioner Gregory and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). B. REQUEST FOR CONSIDERATION of a recommendation to the City Council for approval of General Plan Amendment and Change of Zone 20-0002 to establish a higher residential density (12 units per acre), Tentative Parcel Map 38033, and Precise Plan 20-0010 to construct a two-phased, 48-unit condominium project, clubhouse, and pool/spa on 3.91 acres at the southwest corner of Gerald Ford Drive and Shepherd Lane; and adopt a Mitigated Negative Declaration in accordance with CEQA. Case Nos. PP 20-0010, TPM 38033, and CZ/GPA 20-0002 (Desert Luxury Apartments, Las Vegas, Nevada, Applicant). Associate Planner Kevin Swartz presented the staff report. After staff answered questions from the Planning Commission, Chair Greenwood declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. Mr. Sam Guanci, the applicant, Las Vegas, Nevada, addressed the Planning Commission and thanked the staff and residents. He noted that he responded to 95 percent of the residents' requests. Mr. Guanci answered questions by the Planning Commission. Mr. John Danielian, the architect, Irvine, California, stated his client went over and beyond to accommodate the adjacent neighbors by reducing heights and doing what they can to minimize views. At this point, the staff and applicant responded to questions by the Commission. The following individuals were in opposition to the proposed project for the following reasons: • Opposed the request for the Change of Zone • Concerned with parking • Concerned with the density of the project and two-story buildings • Loss of privacy • The proposed project is not appropriate for the area 3 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 7, 2021 Kent Hanson, Scholar Lane West, Palm Desert Vicki McClellion, Scholar Lane West, Palm Desert Steve Glickman, Scholar Lane East, Palm Desert Edward Munksgard, Scholar Lane West, Palm Desert Mr. Tom Bohmer, Scholar Lane West, Palm Desert Mr. Guanci made closing remarks and answered questions by the Commission. With no further testimony, Chair Greenwood declared the public hearing closed. The Planning Commission moved to recommend denial of the proposed project to the City Council for the following reasons: • Concerned with the Change of Zone and General Plan Amendment • Project lacks character • Concerned with parking • Concerned with the layout of the project • Not the appropriate location for the project By Minute Motion, Commissioner Pradetto moved to deny Case Nos. PP 20- 0010/TPM 38033/CZ and GPA 20-0002. The motion was seconded by Chair Greenwood and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Lindsay Holt reminded the Commission of the San Pablo grand opening on October 11. She asked staff if there was a decision made on the art piece for the San Pablo roundabout. Deputy Director of Development Services/Economic Development Eric Ceja replied that a decision has not been made on the art piece. Commissioner Nancy DeLuna commented that she was told the grand opening is scheduled for October 23 and asked if that is correct. Mr. Ceja confirmed that the grand opening is scheduled for October 23. B. PARKS & RECREATION None 4 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 7, 2021 XIII. REPORTS AND REMARKS Since the Summary of Council Actions was skipped on the agenda, Mr. Ceja summarized pertinent Council actions. He introduced Martin Alvarez as the Director of Development Services. Chair Greenwood commented that Mr. Ceja has done an incredible job in the interim. XIV. ADJOURNMENT With the Planning Commission concurrence, Chair Greenwood adjourned the meeting at 7:29 p.m. JOHN GREENWOOD, CHAIR ATTEST: MARTIN ALVAREZ, SECRETARY MONICA O'REILLY, RECORDING SECRETARY 5 STAFF REPORT CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT MEETING DATE: September 21, 2021 PREPARED BY: Kevin Swartz, Associate Planner REQUEST: Consideration to adopt a Notice of Exemption in accordance with the California Environmental Act (CEQA), and approval of a Conditional Use Permit (CUP) to allow Emmett Golfcars to provide retail sales of golf carts within the Service Industrial zone located at 75175 Merle Drive, Suite 180. Recommendation Waive further reading and adopt Planning Commission Resolution No. 2797, adopting a Notice of Exemption in accordance with CEQA; and approving the applicant's request to display golf carts indoors within a 960-square-foot warehouse and outdoors within an enclosed 1,624-square-foot yard for sale purposes within the Service Industrial (SI) zone, subject to a CUP and the conditions of approval. Executive Summary Approval of staff's recommendation will allow the applicant to expand its current business of golf cart repairs to include golf cart sales. The applicant is currently leasing 960 square feet of warehouse space and an attached 1,624-square foot outdoor yard. The property is zoned SI, and Palm Desert Municipal Code (PDMC) Section 25.16.030 Allowed Land Uses and Permit Requirements, Table 25.16-1: Use Matrix for Commercial and Industrial Districts permits by right auto repair uses. The use of automotive sales new and used (outdoor/indoor) requires a CUP, which must be approved by the Planning Commission. The applicant will display some golf carts indoors, and others will be displayed outdoors within the attached adjacent yard, which is screened from public view by an existing eight-foot-high masonry block wall. Background A. Property Description: On January 18, 2000, the Planning Commission adopted Resolution No. 1967, approving Precise Plan 99-23 for a 12,768-square-foot Industrial/Office complex at the southwest corner of Melanie Place and Merle Drive. The property was developed in 2001, consisting of three buildings totaling 6,528 square feet of office space, 6,240 square feet of warehouse space, and two outdoor yards (1,624 and 1,980 square feet). The site is developed with two buildings fronting Merle Drive. Directly behind the two buildings are 33 parking spaces, with the third building located along the rear property line. The site maintains one access driveway off Melanie Place. September 21, 2021 — Staff Report Case Nos. CUP 21- 0002 Emmett Golfcars Page 2 of 6 • Building 1: Located at the northwest corner ➢ 3,760 square feet of office space ➢ 960 square feet of warehouse space, with an attached outdoor yard (1,624 square feet) • Building 2: Located at the northeast corner ➢ 2,288 square feet of office space • Building 3: Located along the south property line ➢ 5,280 square feet of warehouse with an attached outdoor yard (1,980 square feet) ➢ 480 square feet of office space The property currently has four tenants, including Emmett Golfcars. The property owner occupies over 50 percent of the total space between all three buildings. The applicant is currently occupying 960 square feet of warehouse space and the attached 1,624-square- foot outdoor yard within Suite 180 as identified on the attached floor plan. B. Current Zoning and General Plan Land Use Designation: Zone: Service Industrial (SI) General Plan: Employment District (E) C. Adjacent Zoning and Land Use: North: SI —Warehouse and office uses South: SI —Warehouse and office uses East: SI —Warehouse and office uses West: SI —Warehouse and office uses Protect Description On July 5, 2021, the applicant started conducting business at this location for golf cart repairs, reconditioning, and maintenance. The applicant is proposing to expand its business portfolio by selling used golf carts. The applicant currently sells golf carts online and states that most customers will continue to shop online; however, is seeking an on-site sales presence as well. The applicant anticipates displaying from 15 to 22 golf carts for sale purposes, which includes carts that are under repair and or maintenance. All golf carts will be stored indoors (between 8-10 carts) and outdoors (between 10-12 carts) within the attached 1,624-square foot yard. Surrounding the yard is an existing eight-foot-high masonry block wall, which will screen all golf carts from public view. There will be no golf carts stored within the parking lot or along the street frontages of Melanie Place and Merle Drive. The business will not have any parking lot lighting, or delivery of golf carts. September 21, 2021 — Staff Report Case Nos. CUP 21- 0002 Emmett Golfcars Page 3 of 6 The business will operate seven days a week between the hours of 8:30 a.m. and 4:00 p.m. Monday through Friday and 8:30 a.m. to 1:00 p.m. on Saturday and Sunday. There will be one to two employees working at one time. The applicant states that the number of clients varies during the day but does not anticipate more than three (3) and four (4) customers at one time. The majority of customers will be by appointment only and it is anticipated that few will be walk-ins. Analysis On January 28, 2016, the City Council approved Zoning Ordinance Amendment (ZOA) 15- 350 allowing, new and used indoor/outdoor automotive sales within the SI zone and Freeway Commercial Overlay Zoning District (FCOZ), subject to a CUP. The City Council stated that allowing auto sales in the SI zone and FCOZ would provide an additional revenue stream to the City's General Fund. The SI and FCOZ were zoning areas chosen because they are not located within the commercial core of Highway 111 and El Paseo and are not surrounded by residential properties. These zoning areas are mostly adjacent to Interstate 10 and within the Cook Street Industrial Business Park area. The CUP requirement for outdoor automotive sales will allow staff and the Planning Commission to review each application on a case-by-case basis to ensure there is adequate parking and land use compatibly with surrounding properties. Each applicant would be subject to the findings of PDMC Section 25.72.050 Conditional Use Permits, which must be reviewed and approved by the Planning Commission. The CUP will also allow the Planning Commission to establish conditions for the number of vehicles allowed for display on-site, specify areas for no street parking, and condition the use for compliance with advertising devices, such as no balloons, roof-mounted adverting, flags, pennants, propellers, oscillating, and rotating devices. PDMC Section 25.99.020 Land Use Definitions for "Automotive sales new and used (outdoor/indoor)" includes golf carts. Below is the definition. "A service industrial establishment selling and/or renting new and/or used automobiles, boats, vans, campers, trucks, mobile homes, recreational and utility trailers, motorized farm equipment, motorcycles, mopeds, golf carts, snowmobile and jet skis. The sales of all automotives can take place outdoors or indoors. These uses include parts for sale and repair shops only when part of a dealership selling new vehicles on the same site. These uses do not include service stations, which are separately defined." A. Land Use Compatibility: The property has a land use designation of Employment District within the General Plan. Chapter 3 Land Use & Community Character for the Employment District states the intent and purpose is to provide a wide variety of office-intensive activity that could include some manufacturing along with research and development opportunities. Some allowed land uses are a wide variety of office and limited commercial activity. The proposed business consists of a small office, repair, and light retail activity. The additional proposed use that incorporates September 21, 2021 — Staff Report Case Nos. CUP 21- 0002 Emmett Golfcars Page 4 of 6 retail sales that is limited to 22 golf carts is consistent with the Employment District designation which is light retail activity. The property is zoned SI and PDMC Section 25.16.020 Characteristics of the Commercial and Industrial Districts states that this district allows for the development of traditional business parks that allow for the manufacture, distribution, automobile sales, and service of products intended for use within Palm Desert and surrounding communities. The proposed use to incorporate a limited use of golf cart retail sales in addition to the existing repair and maintenance services of golf carts meets the intended use the SI zoning since these are geared to increase services for Palm Desert and surrounding communities. The surrounding uses consist of industrial offices/warehouse businesses and automotive uses. Other auto sale businesses within the Cook Street Industrial Business Park have demonstrated compatibility with the surrounding businesses. PDMC Section 25.16.030 Allowed Land Uses and Permit Requirements, Table 25.16-1: Use Matrix for Commercial and Industrial Districts permits auto repair, reconditioning, and maintenance, and allows auto sales subject to a CUP. The proposed golf cart sales requires a CUP while the existing uses at this location are permitted uses as listed in PDMC Section 25.16.030. The CUP will allow the regulation of the sales display area (indoors/outdoors), limit the number of golf cart for sale displayed on the premises, hours of operation, specify areas for no street parking, and provide parameters for compliancy of advertising devices. All golf carts will be stored within the building and the enclosed outdoor yard which provides screening from public view of the display area. Staff finds that the proposed project is consistent with the Employment District land use designation and the SI zone, since the project does not conflict with any applicable land use plan, policy, or regulation outlined in the General Plan. B. Parking: In 2000, the project location was required to provide 30 parking spaces at the time of approval by Planning Commission, Resolution No. 1967 approving Precise Plan 99-23. • Office use required four (4) spaces per 1,000 square feet totaling 24 parking spaces. • Warehouse use required one (1) parking space per 1,000 square feet totaling, six (6) parking spaces. The current site has 33 existing parking spaces. PDMC Section 25.46.040 Parking Requirements, Table 25.46-1: Parking Schedule states that retail uses require three (3) parking spaces per 1,000 square-feet. The applicant is occupying 960 square feet requiring three (3) spaces. The business includes one (1) to two (2) employees and no more than four (4) customers at one time. Based on the business operating mostly on an appointment only schedule staff finds that the proposed use complies with on-site parking demand. September 21, 2021 — Staff Report Case Nos. CUP 21- 0002 Emmett Golfcars Page 5 of 6 C. Conditional Use Permit: PDMC Section 25.72.050 (Conditional Use Permit) states that conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. To achieve these purposes, the Commission is authorized to grant or deny applications for CUPs for such conditional uses as are prescribed in the district regulations and to impose reasonable conditions upon the granting of conditional use permits subject to the right of appeal to the Council. The Commission may grant a CUP as proposed or in modified form, or the application may be denied. A CUP may be granted for a limited time or may be granted subject to such conditions as the Commission may prescribe. Conditions may include, but shall not be limited to, payment of drainage fees; requiring special yards, open spaces, buffers, fences, and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulation of points of vehicular ingress and egress; regulation of traffic circulation; regulation of signs; regulation of hours of operation and methods of operation; control of potential nuisances; prescribing standards for maintenance of buildings and grounds; prescription of development schedules and development standards; and such other conditions as the Commission deems necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, and welfare. The Commission shall make the following findings before granting a CUP: 1. That the proposed location of the conditional use is in accordance with the objectives of this title and the purpose of the district in which the site is located. 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, welfare, or be materially injurious to properties or improvements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's General Plan. Findings can be made in support of the project and under the City's Municipal Code. Findings in support of this project are contained in Planning Commission Resolution No. 2797, attached to this staff report. September 21, 2021 — Staff Report Case Nos. CUP 21- 0002 Emmett Golfcars Page 6 of 6 Public Input Public Notification: Public noticing was conducted for the September 21, 2021, Planning Commission meeting in accordance with the PDMC Section 25.60.060. A public hearing notice was published on Saturday, September 11, 2021, in The Desert Sun. Additionally, notices were mailed to all property owners within 300 feet of the project site for a total of 16 hearing notices. Public Comments: As of September 14, 2021, the City has not received any comments in opposition or in favor of the project. Environmental Review This project has been reviewed in accordance with the CEQA guidelines. Staff has determined that the project is exempt from environmental review under Section 15301, Class 1: Existing Facilities, of the CEQA Guidelines. The proposed project is consistent with the City's General Plan and Zoning Ordinance, the proposed project site is existing, the project site has been previously developed and has no value as habitat for endangered, rare, or threatened species, the proposed project will not have any significant effects on the environment, and the site can adequately be served by all required utilities and public services. Therefore, based on the above findings, staff recommends that the Planning Commission adopt a Categorical Exemption for the proposed project. LEGAL REVIEW DEPT. REVIEW FINANCIAL ASSISTANT CITY REVIEW MANAGER N/A 51& N/A N/A Robert W. Hargreaves Martin Alvarez, Director of Janet Moore Andy Firestine City Attorney Development Services Director of Finance Assistant City Manager City Manager: L. Todd Hileman: N/A APPLICANT: Emmett Golfcars 75175 Merle, Suite 180 Palm Desert, CA 92211 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2797 2. Notice of Exemption 3. Public Hearing Notice 4. Applicant's Statement of Use 5. Applicant's Project Exhibits PLANNING COMMISSION RESOLUTION NO. 2797 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, CONSIDERING AN ADOPTION A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL ACT (CEQA), AND APPROVAL OF A CONDITIONAL USE PERMIT (CUP) TO ALLOW EMMETT GOLFCARS TO PROVIDE RETAIL SALES OF GOLF CARTS WITHIN THE SERVICE INDUSTRIAL ZONE LOCATED AT 75175 MERLE DRIVE, SUITE 180 CASE NO: CUP 21-0002 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21 Sc day of September 2021, hold a duly noticed public hearing to consider the request by Emmett Golfcars for approval of the above-noted; and WHEREAS, Emmett Golfcars proposed to display golf carts indoors within a 960- square-foot warehouse and outdoors within an enclosed 1,624-square-foot yard for sale purposes located at 75175 Merle Drive, Suite 180 within the Service Industrial (SI) zone, subject to a CUP ("Project"); and WHEREAS, the Project is located within the City's SI zone and Designated Employment District in the City's General Plan; and WHEREAS, the Planning Commission on January 18, 2000, approved Resolution No. 1967, approving Precise Plan 99-23 for a 12,768-square-foot Industrial/Office complex at the southwest corner of Melanie Place and Merle Drive; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert's ("City's") Local CEQA Guidelines, the City is the lead agency for the proposed Project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA" Resolution No. 2019-41, in that the Director of Development Services has determined that the Project will not have a significant impact on the environment and that the Project is categorically exempt under Section 15301 Class 1: Existing Facilities 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 make the following findings to justify the approval of said request: PLANNING COMMISSION RESOLUTION NO. 2797 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 Conditional Use Permit 21- 0002, subject to conditions attached. Palm Desert Municipal Code Section 25.72.050 Conditional Use Permit, necessary findings: 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 property is located within the Service Industrial (SI) zoning district. Palm Desert Municipal Code (PDMC) Section 25.16.020 C states that this district allows automobile sales among other uses intended for use within Palm Desert and surrounding communities. The proposed use to incorporate golf cart retail sales in addition to the existing repair and maintenance services of golf carts meets the intended use of the SI zoning since these are geared to increase services for Palm Desert and surrounding communities. The surrounding uses consist of industrial offices/warehouse businesses and automotive uses. Other auto sale businesses within the Cook Street Industrial Business Park have demonstrated compatibility with the surrounding businesses. PDMC Section 25.16.030 Allowed Land Uses and Permit Requirements, Table 25.16- 1: Use Matrix for Commercial and Industrial Districts permits auto sales subject to a CUP. The proposed golf cart sales requires a CUP, while the existing uses at this location are permitted uses as listed in PDMC Section 25.16.030. The CUP will allow the regulation of the sales display area (indoors/outdoors), limit the number of golf carts for sale displayed on the premises, hours of operation, specify areas for no street parking, and provide parameters for compliancy of advertising devices. All golf carts will be stored within the building and the enclosed outdoor yard which provides screening from public view of the display area. Staff finds that the proposed project is consistent with the Employment land use designation and the SI zone since the project does not conflict with any applicable land use plan, policy, or regulation outlined in the General Plan. 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, welfare, or be materially injurious to properties or improvements in the vicinity. The proposed conditional use is adjacent to properties with similar land uses. The proposed project to include golf cart sales and display between 15 to 22 golf carts indoors and outdoors, within an enclosed yard complies with PDMC Section 25.16.030 Allowed Land Uses and Permit Requirements, Table 25.16-1: Use Matrix for Commercial and Industrial Districts, as auto sales are subject to a CUP. The existing building complies with all building codes, life safety, and environmental standards. No 2 PLANNING COMMISSION RESOLUTION NO. 2797 new building and site improvements are necessary since the site complies with the Americans with Disabilities Act (ADA). Therefore, the conditional use will not be detrimental to public health, safety, or welfare. The business currently is operating in this location offering golf cart repair and maintenance, and the business owner is seeking to expand to allow for on-site sales. The applicant anticipates displaying from 15 to 22 golf carts for sale purposes, which includes carts that are under repair and or maintenance. All golf carts will be stored indoors (between 8-10) and outdoors (between 10-12) within the attached 1,624- square foot yard. Surrounding the yard is an existing eight-foot-high masonry block wall, which will screen all golf carts from public view. There will be no golf carts stored within the parking lot or along the street frontages of Melanie Place and Merle Drive. It can be determined that the approval of this CUP is consistent with the existing surrounding land uses and with the on-site parking demand. The building also conforms to all development standards contained in the Zoning Ordinance. The proposed type of business conducted at this site will be compatible with the surrounding businesses. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. On January 18, 2000, the Planning Commission adopted Resolution No. 1967, approving Precise Plan 99-23 for a 12,768-square-foot Industrial/Office complex at the southwest corner of Melanie Place and Merle Drive. The existing buildings comply with all applicable development standards for building setbacks and height restrictions, and operational standards contained in the zoning code. The proposed golf cart sales requires a CUP, while the existing uses at this location are permitted uses as listed in PDMC Section 25.16.030. The CUP provides conditions to regulate the proposed business operations, including the regulation of the sales display area (indoors/outdoors), limit the number of golf carts for sale displayed on the premises, hours of operation, specify areas for no street parking, and provide parameters for compliance of advertising devices. All golf carts will be stored within the building and the enclosed outdoor yard, which provides screening from public view of the display area. Based on the use and the business operation, staff finds that there is adequate parking available, and the use will not create a public nuisance. The proposed use does not require approval of any variances or adjustments. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's general plan. The General Plan land use designation for the site is Employment District, which is intended to provide a wide variety of office-intensive activity that could include some manufacturing along with research and development opportunities. In addition, some allowed land uses include office and limited commercial activity. The proposed business consists of a small office, repair, and light retail activity. The additional proposed use that incorporates retail sales that are limited to 22 golf carts is consistent with the Employment District designation, which is light retail activity. The project is consistent with the General Plan in respect to the appropriate use of the proposed location and its compatibility with surrounding land uses. 3 PLANNING COMMISSION RESOLUTION NO. 2797 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 211t day of September 2021, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN GREENWOOD, CHAIR ATTEST: MARTIN ALVAREZ, SECRETARY PALM DESERT PLANNING COMMISSION 4 PLANNING COMMISSION RESOLUTION NO. 2797 EXHIBIT "A" CONDITIONS OF APPROVAL CASE NO: CUP 21-0002 PLANNING/LAND DEVELOPMENT DIVISION: 1. The development of the property shall conform substantially with exhibits on file with the Development Services Department, as modified by the following conditions. 2. The applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these Project Approvals for the Project, or the Project Approvals themselves, Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. Developer, at its sole expense, shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the Developer's approval of counsel, which shall not be unreasonably denied, and at the Developer's sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer and cooperate in the defense. Developer upon such notification shall deposit with City sufficient funds in the judgment of City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement to share and protect the information, under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense to make the most efficient use of legal counsel and to share and protect information. Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third- party litigation of Project Approvals without the Developer's consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless Developer materially breaches this indemnification requirement. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved development standards listed in the PDMC, and state and federal statutes now in force, or which hereafter may be in force. 4. All construction documentation, if any, 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 Development Services Department. 5. Any proposed modifications to this approval shall require an amendment to the application, which will result in a new public hearing. 5 PLANNING COMMISSION RESOLUTION NO. 2797 6. 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 Division City Fire Marshal Coachella Valley Water District Evidence of said permit or clearance from the above agencies shall be presented to the Building & Safety Division at the time of issuance of a building permit for the use contemplated herewith. 7. The Applicant or any successor in interest shall comply with all applicable local, state, and federal laws and regulations. 8. The applicant shall obtain a City Business License per Chapter 5.04 Business License and Taxing. 9. The hours of operation shall be conducted seven days a week (Monday — Sunday) between 8:00 a.m. and 5:00 p.m. 10. The business shall not display more than a total of 22 golf carts on-site. If the applicant wants to display more golf carts, then an amendment to the CUP will be required. 11. No golf carts shall be parked off-site along Melanie Place and/or Merle Drive. 12. The applicant shall not display any balloon, flag, pennant, propeller; oscillating, rotating, pulsating light; or other contrivance except a sign per Chapter 25.56 used to attract attention for the purpose of promoting (either directly or indirectly), the sale of products of any person. 13. The applicant shall not allow wash water from golf cart washing activities to leave the site unless it is treated to remove pollutants prior to discharge to the street. END OF CONDITIONS OF APPROVAL 6 NOTICE OF EXEMPTION TO: FROM: City of Palm Desert ❑ Office of Planning and Research 73-510 Fred Waring Drive Palm P.O.Box 3044,Room 113 Desert,CA 92260 Sacramento,CA 95812-3044 ® Clerk of the Board of Supervisors 2724 Gateway Dr,Riverside, or CA 92507 County Clerk County of. Riverside 1. Project Title: CUP 21-0002 2. Project Applicant: Emmett Golfcars 3. Project Location—Identify street address and 75-175 Merle Drive,Suite 180,Palm Desert,CA 92260 cross streets or attach a map showing project site The southwest corner of Melaine Place and Merle Drive (preferably a USGS 15' or 7 1/2'topographical map identified by quadrangle name): 4. (a)Project Location—City:Palm Desert (b) Project Location—County:Riverside 5. Description of nature,purpose,and beneficiaries Approval of staff s recommendation will allow the of Project: applicant to expand its current business of golf cart repairs to include golf cart sales.The applicant is currently leasing 960 square feet of warehouse space and an attached 1,624- square foot outdoor yard. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the project,including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease,permit,license,certificate,or other entitlement of use from the Public Agency as part of the activity: 8. Exempt status: (check one) (a) ❑ Ministerial project. (Pub.Res. Code§21080(b)(1); State CEQA Guidelines§ 15268) (b) ❑ Not a project. (c) ❑ Emergency Project. (Pub.Res. Code§21080(b)(4); State CEQA Guidelines§ 15269(b),(c)) (d) ® Categorical Exemption. (Pub.Res. Code§21080(b)(4); State CEQA Guidelines§ State type and section number: : Section 15301,Class 1:Existing Facilities (e) ❑ Declared Emergency. (Pub.Res. Code§21080(b)(3); State CEQA Guidelines§ 15269(a)) (f) ❑ Statutory Exemption. State Code section number: (g) ❑ Other. Explanation: General Rule—Section 15061(b)(3) 9. Reason why project was exempt: The proposed project site is less than 5 acres and the site has been previously developed and has no value as habitat for endangered,rare or threatened species. Notice of Exemption FORM`B" 10. Lead Agency Contact Person: Kevin Swartz,Associate Planner Telephone: (760)346-0611 11. If filed by applicant:Attach Preliminary Exemption Assessment(Form"A")before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project? ❑ Yes ❑ ❑ No 13. Was a public hearing held by the lead agency to consider the exemption? ❑ Yes® ❑No❑ If yes,the date of the public hearing was: September 21,2021 Signature: Date: Title: ❑ ® Signed by Lead Agency ❑ ❑ Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100,Public Resources Code. Reference: Sections 21108,21152,and 21152.1,Public Resources Code. Notice of Exemption FORM`B" -T--�, C I T Y 0 [ P H I M D E S E R T 73-5 Io FRED WARING DRIVE PALM DESERT, CALIFORNIA 9226o-2578 TEL: 760 346—o6i i ■ info@cityofpalmdesert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 21-0002 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION TO CONSIDER A REQUEST BY EMMETT GOLFCARTS FOR APPROVAL OF A CONDITIONAL USE PERMIT TO DISPLAY GOLFCARTS INDOORS AND OUTDOORS FOR SALE PURPOSES LOCATED AT 75175 MERLE DRIVE. The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), completed an Initial Study to review the potential environmental impacts of the project and have determined that the proposed request will not have a negative impact on the environment. Project Location/ Description: Project Location: 75175 Merle Drive Protect Description: The applicant is proposing to display golf carts both indoors, and outdoors behind a block wall for sale purposes, within the Service Industrial zone. Recommendation: Staff is recommending that the Planning Commission adopt a resolution of the project request, subject to conditions of approval. Public Hearing: The public hearing will be held before the Planning Commission on September 21, 2021, at 6:00 p.m. via Zoom. The hearing will be conducted in accordance with the City's emergency protocols for social distancing. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.citVofpalmdesert.org/our-city/committees-and- commissions/planning-commission-information-center. Comment Period: The public comment period for this project is from September 11, 2021, to September 21, 2021. Public Review: The project application is available for public review Monday through Friday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Mr. Kevin Swartz. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Kevin Swartz, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 kswartz@cityofpalmdesert.org PUBLISH: DESERT SUN MARTIN ALVAREZ September 11, 2021 PLANNING COMMISSION SECRETARY Statement of Use EMMETT GOLFCARS 75175 Merle Dr. Suite 180 Palm Desert, CA 92211 Utilizing the above-named address and suite number, Emmett Golfcars intends to carry on its family tradition of 36 years in providing quality electric golf carts at affordable prices. The firm generally reconditions, repairs, maintains and sells pre-owned golf carts. While Merle Dr. currently has other business operations that sell to the public; this particular property provides an unusually rare and outstanding opportunity to offer all services and sales virtually hidden from public view! Set behind decorative 8-foot high masonry walls and inside a beautiful building, Emmett Golfcars will gently conduct business in the heart of"Ground Zero" for the golf cart world: Palm Desert. On site, off-street assigned parking will more that accommodate the one to three visitors normally seen in an average business day. Due to the devastating COVID pandemic; our business model has dramatically changed into a mostly online operation. With an interactive web presence, our customers can now select and order their next golf cart without leaving their homes or businesses. With very little onsite traffic, a strong web-based enterprise and a setting behind walls...Emmett Golfcars will be a convenient and pleasant Palm Desert business on Merle Dr. ME R L E DR IV E y CA —.... dm N�0 IQQ V. 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