HomeMy WebLinkAboutRes No 2816 PLANNING COMMISSION RESOLUTION NO. 2816
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND
APPROVING A CONDITIONAL USE PERMIT (CUP) TO ESTABLISH A
3,248-SQUARE-FOOT PROFESSIONAL REAL ESTATE OFFICE WITHIN
AN EXISTING GROUND FLOOR COMMERCIAL BUILDING SPACE
LOCATED AT 73111 EL PASEO, SUITE 101
CASE NO. CUP22-0004
WHEREAS, EQTY Real Estate, Inc., ("Applicant"), submitted a CUP application to
establish a real estate office within an existing ground floor commercial building space located
at 73111 El Paseo, Suite 101 ("Project"); and
WHEREAS, the proposed Project is consistent with the development density and use
characteristics considered by the Palm Desert General Plan in the City Center/Downtown;
and
WHEREAS, the proposed Project conforms to the General Plan land use designation
of City Center/Downtown and development standards listed in the City's Zoning Ordinance
for the Downtown (D) zoning district and El Paseo Overlay District; and
WHEREAS, the proposed project is compatible with the uses along El Paseo and
conforms to the zoning designation and overlay district; 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 Article 19, Section 15301
Existing Facilities (Class 1) of the CEQA Guidelines, as outlined in the staff report and the
project is not subject to any of the exceptions for categorical exemptions identified in CEQA
Guidelines Section 15300.2; therefore, no further environmental review is necessary; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on,
the 161h day of August 2022, hold a duly noticed public hearing to consider the request by
EQTY Real Estate, Inc., the Applicant, for approval of the above-noted Project request; 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, the Planning
Commission did find the following facts and reasons, which are outlined in the staff report,
exist to justify approval of said request:
PLANNING COMMISSION RESOLUTION NO. 2816
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing
recitals are true and correct and are incorporated herein as substantive findings of this
Resolution.
Findings of Approval:
Under Palm Desert Municipal Code (PDMC) 25.72.050 (F), the following findings are required
before granting a conditional use permit:
1. That the proposed location of the conditional use is in accord with the objectives of this
title and the purpose of the district in which the site is located.
The proposed location is zoned Downtown(D) within the El Paseo Overlay District(EPOD)
and allows office uses with the approval of a CUP. The D zone is intended to provide
urban, multi-story buildings up to three (3) stories tall and located at or near the sidewalk.
Primary building access is from the sidewalk, and parking is behind buildings or
subterranean. Ground floors accommodate retail, restaurant, service, and office uses,
while upper floors accommodate residential and office uses. The EPOD is intended to
create and maintain a continuous succession of diverse but compatible businesses which
attract and sustain pedestrian interest, including art galleries, shops, and restaurants. The
proposed use is allowed in the D zone by a CUP. The nature of the use is in accord with
the objectives of the EPOD as it adds visual interest to the existing store frontage by
utilizing art sculptures placed in pedestrian-oriented storefront window displays and is a
service-oriented real estate office.
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 real estate office will not be detrimental to the public health, safety, or
welfare, or be materially injurious to properties or improvements in the vicinity. Similar real
estate offices have been previously established within the vicinity of the site. This type of
use is not generally anticipated to create adverse impacts on health, safety, or welfare.
The use will operate within an existing space within an existing approved commercial
building.
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 use will comply with the objective requirements of the zoning ordinance.
The site generally complies with the intent and purpose of the D zoning district and no
modifications are proposed to the site. The site is served by adequate parking in the form
of a surface lot located at the rear of the site. Parking is generally provided at a ratio of
one(1)space per250 square feet of building area, which is greater than the required three
(3) spaces per 1,000 square feet of building area required in the Downtown Zone for
Commercial Uses per PDMC 25.18.050.
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PLANNING COMMISSION RESOLUTION NO. 2816
4. That the proposed conditional use complies with the goals, objectives, and policies of the
City's General Plan.
The project site has a General Plan land use designation of City Center/Downtown. This
land use designation is intended to provide for high-intensity mixed-use development and
uses, which include a variety of civic, cultural, entertainment, retail, restaurant, and
commercial services activity along with multi-family dwellings organized along walkable
streetscapes. Ground floor uses include retail, restaurant, service, and office uses, while
upper floors accommodate residential and office uses. The proposed use is a ground floor
office that is in a pedestrian-oriented, highly walkable area. And complies with the intent
of the land use designation.
5. The Planning Commission finds that the project is exempt from CEQA per Section
15301 of the CEQA guidelines as the project is a Class 1 Exemption for "Existing
Facilities" development. Class 1 applies to projects involving the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or
private structures, facilities, mechanical equipment, or topographical features,
involving negligible or no expansion of existing or former use. The project consists of
a new real estate office utilizing an existing space previously occupied by an art
gallery. The proposed real estate would operate within an existing commercial
building, involving minor tenant improvements accommodating for the proposed use.
The project will not involve the expansion of the existing building. The project is
consistent with the City Center/Downtown land use designation for the site, as well as
the Downtown zoning designation.
SECTION 2. Project Approvals. The Planning Commission hereby recommends
approval of CUP22-0004, subject to Conditions of Approval attached as "Exhibit A."
SECTION 3. Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City's office at
73510 Fred Waring Drive, Palm Desert, CA 92260. Chris Escobedo, the Secretary to the
Palm Desert Planning Commission, is the custodian of the record of proceedings.
SECTION 4. Execution of Resolution. The Chairperson of the Planning Commission
signs this Resolution and the Secretary to the Commission shall attest and certify to the
passage and adoption thereof.
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 for
approval of the Planning Commission in this case.
2. That the Planning Commission does hereby approve Case No. CUP22-0004.
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PLANNING COMMISSION RESOLUTION NO. 2816
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 161h day of August 2022, by the
following vote, to wit:
AYES: DE LUNA, GREGORY, HOLT, AND PRADETTO
NOES: NONE
ABSENT: GREENWOOD
ABSTAIN: NONE
NANCY D UNA, CHAIR
ATTEST:
CH IS ESCOBEDO, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2816
EXHIBIT "A"
CONDITIONS OF APPROVAL
CASE NO. CUP 22-0004
PLANNING DIVISION:
1. The development of the property shall conform substantially with the approved exhibits
contained in CUP22-0004 on file in 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,
the 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. The developer upon such notification shall
deposit with the City sufficient funds in the judgment of the 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 in order 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 in order 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 the 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. The CUP shall expire if construction of the said project shall not commence within two
years from the date of final approval unless an extension of time is granted by the Palm
Desert Planning Commission; otherwise, said approval shall become null, void, and of
no effect whatsoever.
5. The approved CUP may only be modified with City approval under Palm Desert Municipal
Code (PDMC) Chapter 25.72.050.
6. The Applicant shall execute a written acknowledgment to the Planning Division stating
acceptance of and compliance with all the Conditions of Approval of Resolution No. 2816
for CUP22-0004 and that the plans submitted comply with the Conditions of Approval.
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PLANNING COMMISSION RESOLUTION NO. 2816
No modifications shall be made to said plans without written approval from the
appropriate decision-making body.
7. Use shall commence within two years from the date of final approval unless an extension
of time is granted; otherwise, said approval shall become null, void, and of no effect
whatsoever.
8. Prior to the issuance of a building permit for construction of any use or structure
contemplated by this approval, the Applicant shall first obtain permits and or clearance
from the following agencies:
• Fire Marshal
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.
9. The professional real estate office shall operate in a 3,248-square-foot suite.
10. The Applicant shall preserve existing storefront glass and provide displays as described
in the approved operations statement dated July 27, 2022.
BUILDING AND SAFETY DIVISION:
11. This project shall comply with the latest adopted edition of the following codes:
A. California Building Code and its appendices and standards.
B. California Plumbing Code and its appendices and standards.
C. California Mechanical Code and its appendices and standards.
D. California Electrical Code.
E. California Energy Code.
F. California Green Building Standards Code
G. Title 24, California Code of Regulations.
H. California Fire Code and its appendices and standards.
12. This project will fall under the review and compliance of Chapters 11-A and Chapter 11-
B of the latest adopted edition of the California Building Code.
13. The Applicant shall coordinate directly with:
Riverside County Fire Marshal's Office
CAL FIRE/Riverside County Fire Department
Main: 760-863-8886
77933 Las Montanas Road, Suite 201, Palm Desert, CA 92211
14. All trash enclosures are required to be accessible. Provide an accessible path of travel
to the trash enclosure. Trash enclosures shall comply with the minimum requirements
established by Chapter 8.12 of the PDMC.
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PLANNING COMMISSION RESOLUTION NO. 2816
15. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per PDMC, Title 5.
16. 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.
17. Address numerals shall comply with Palm Desert Ordinance No. 1351 (PDMC 15.28.
Compliance with Ordinance 1351 regarding street address location, dimension, a 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. The
applicant may request a copy of Ordinance 1351 or Municipal Code Section 15.28 from
the Building and Safety Division counter staff.
END OF CONDITIONS OF APPROVAL
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