HomeMy WebLinkAbout2023-03-07 PC Regular Meeting Agenda Packet
City of Palm Desert Page 1
PLANNING COMMISSION
CITY OF PALM DESERT, CALIFORNIA
AGENDA
(HYBRID MEETING)
City Hall – Council Chamber
73510 Fred Waring Drive
Palm Desert, CA 92260
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference.
• To participate via Zoom, use the following link: https://palmdesert.zoom.us/j/84739707419.
• To participate via phone: Dial (213) 338-8477 or (602) 753-0140, enter the Zoom Webinar ID:
847 3970 7419 followed by #. Indicate that you are a participant by pressing # to continue.
During the meeting, press *9 to add yourself to the queue and wait for the Recording Secretary
to announce your name/phone number. Press *6 to unmute your line and limit your comments
to three minutes.
• Written public comment may also be submitted to planning@palmdesert.gov. Emails received
by 3:00 p.m. prior to the meeting will be distributed to the Commission. Any correspondence
received during or after the meeting will be distributed to the Commission as soon as
practicable and retained for the official record. Emails will not be read aloud except as an
ADA accommodation.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. NON-AGENDA PUBLIC COMMENT: This time has been set aside for the public to address
the Planning Commission on issues that are not on the agenda for up to three minutes.
Because the Brown Act does not allow the Commission to act on items not listed on the
agenda, members may briefly respond or refer the matter to staff for a report and
recommendation at a future meeting.
5. CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine
and may be approved by one motion. The public may comment on any items on the Consent
Agenda within the three-minute time limit. Individual items may be removed by Commissioners
for a separate discussion.
Tuesday
March 7, 2023
6:00 p.m.
Regular Meeting
Planning Commission Agenda March 7, 2023
City of Palm Desert Page 2
A. APPROVAL OF MINUTES
RECOMMENDATION: Approve the Planning Commission Regular Meeting minutes of
February 21, 2023.
CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate
discussion are considered at this time.
6. ACTION CALENDAR
None
7. 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.
A. CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVAL OF A
CONDITIONAL USE PERMIT (CUP) TO ESTABLISH A PROFESSIONAL REAL
ESTATE OFFICE USE WITHIN AN EXISTING GROUND FLOOR TENANT SPACE
FRONTING EL PASEO LOCATED AT 73640 EL PASEO, SUITE 8
RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution
No. 2829 to:
1. Adopt a Notice of Exception for a Class 1 Categorical Exemption in accordance with
CEQA Guidelines Section 15301.
2. Approve CUP23-0002 to establish a new professional real estate office within an
existing ground floor space fronting El Paseo located at 73640 El Paseo, Suite 8.
8. INFORMATIONAL REPORTS & COMMENTS
A. SUMMARY OF CITY COUNCIL ACTIONS
B. COMMITTEE MEETING UPDATES
1. Cultural Arts Committee
2. Parks and Recreation Commission
C. PLANNING COMMISSIONERS
D. CITY STAFF
E. ATTENDANCE REPORT
9. ADJOURNMENT: The next Regular Meeting will be held on March 21, 2023, at 6:00 p.m.
Planning Commission Agenda March 7, 2023
City of Palm Desert Page 3
AFFIDAVIT OF POSTING
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 and
City website not less than 72 hours prior to the meeting.
Monica O’Reilly
Recording Secretary
PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated
office for inspection of records in connection with this meeting is the Development Services
Department, City Hall, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda
items and documents provided to a majority of the legislative bodies are available for public
inspection at City Hall and on the City’s website at www.cityofpalmdesert.org.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with
the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at
this meeting, or in meetings on a regular basis, you will need special assistance beyond what
is normally provided, the city will attempt to accommodate you in every reasonable manner.
Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the
meeting to inform us of your needs and to determine if accommodation is feasible.
City of Palm Desert Page 1
ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES
PLANNING COMMISSION
CITY OF PALM DESERT, CALIFORNIA
MINUTES
Pursuant to Assembly Bill 361, this meeting was conducted by teleconference, and there
was in-person public access to the meeting location.
1. CALL TO ORDER
A Regular Meeting of the Planning Commission was called to order by Vice-Chair Pradetto
on Tuesday, February 21, 2023, at 6:00 p.m.
2. ROLL CALL
Present: Commissioners John Greenwood, Ron Gregory, Lindsay Holt, and Vice-Chair
Joseph Pradetto.
Absent: Chair Nancy DeLuna.
Staff
Present: Robert Hargreaves, City Attorney, Richard D. Cannone, AICP, Director of
Development Services; Rosie Lua, Deputy Director of Development Services; Nick
Melloni, Principal Planner; and Melinda Gonzalez, Senior Administrative Assistant.
3. PLEDGE OF ALLEGIANCE
Commissioner Holt led the Pledge of Allegiance.
4. NON-AGENDA PUBLIC COMMENT:
None.
5. CONSENT CALENDAR:
The staff report(s) and Zoom video of the meeting are available on the City’s
website. Click on the following link to access: https://www.palmdesert.gov/our-
city/committees-and-commissions/commission-information.
Tuesday, February 21,
2023
6:00 p.m.
Regular Meeting
Planning Commission Minutes February 21, 2023
City of Palm Desert Page 2
A. APPROVAL OF MINUTES
RECOMMENDATION: Approve the Minutes of January 17, 2023.
MOTION BY COMMISSIONER GREENWOOD, SECOND BY COMMISSIONER HOLT,
CARRIED 4-0, to approve the Planning Commission Regular Meeting minutes of January
17, 2023.
CONSENT ITEMS HELD OVER:
None.
6. ACTION CALENDAR
None.
7. PUBLIC HEARINGS
The staff report(s) and Zoom video of the meeting are available on the City’s
website. Click on the following link to access: https://www.palmdesert.gov/our-
city/committees-and-commissions/commission-information.
A. CONSIDERATION OF A RECOMMENDATION OF APPROVAL TO THE PALM
DESERT CITY COUNCIL FOR A ZONING ORDINANCE AMENDMENT TO MODIFY
PALM DESERT MUNICIPAL CODE TITLE 25 (ZONING)
Principal Planner Melloni narrated a PowerPoint presentation on this item and responded
to Vice-Chair Pradetto’s questions regarding sports courts.
Vice-Chair Pradetto opened the Public Hearing.
There being no one desiring to speak, the Public Hearing was closed.
MOTION BY COMMISSINER GREENWOOD, SECOND BY COMMISSIONER HOLT,
CARRIED 4-0 (DE LUNA ABSENT), approving Planning Commission Resolution No.
2828 to:
1. Recommend approval to the Palm Desert City Council for approval of Zoning
Ordinance Amendment (ZOA) 23-0001 to modify Palm Desert Municipal Code Title
25 (Zoning).
8. INFORMATIONAL REPORTS & COMMENTS
A. SUMMARY OF CITY COUNCIL ACTIONS
None.
Planning Commission Minutes February 21, 2023
City of Palm Desert Page 3
B. COMMITTEE MEETING UPDATES
1. Cultural Arts Committee
Commissioner Holt reported that the Committee reviewed the design of the new visitors
center. Deputy Director Lua added that the project is in the entitlement process, and
documents are available for viewing in the Planning Division.
2. Parks and Recreation Commission
Principal Planner Melloni reported that a consultant made a presentation on surveys
received from a public outreach for the north sphere park. Also, the Planning Division
presented final park plans for two small neighborhood parks located in University Park
(Phase 2).
Commissioner Greenwood mentioned the meetings are not on his calendar. He asked if
someone could resend the invite to him. Lastly, he said that it is difficult for him to attend
the meetings and asked if anyone else on the Planning Commission would like to be the
liaison for the Parks and Recreation Commission.
Commissioner Gregory offered to attend the meetings and requested staff to send him
information.
C. PLANNING COMMISSIONERS
None.
D. CITY STAFF
To solidify for Commissioner Gregory to take Commissioner Greenwood’s place at the
Parks and Recreation Commission meeting, Deputy Director Lua stated that there is a
need to receive a consensus from the Planning Commission.
There was no objection from the Commission.
E. ATTENDANCE REPORT
The attendance report was provided with the agenda materials. The Commission took no
action on this matter.
9. ADJOURNMENT
The Planning Commission adjourned the meeting at 6:15 p.m.
Planning Commission Minutes February 21, 2023
City of Palm Desert Page 4
Respectfully submitted,
Monica O’Reilly, Executive Administrative Assistant
Recording Secretary
ATTEST:
Richard D. Cannone, AICP, Director of Development Services
Secretary
APPROVED BY THE PLANNING COMMISSION: XX/XX/XXXX
Page 1 of 5
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: March 7, 2023
PREPARED BY: Anna Dan, Assistant Planner
REQUEST: CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA), AND APPROVAL OF A CONDITIONAL USE PERMIT (CUP)
TO ESTABLISH A PROFESSIONAL REAL ESTATE OFFICE USE
WITHIN AN EXISTING GROUND FLOOR TENANT SPACE
FRONTING EL PASEO LOCATED AT 73640 EL PASEO, SUITE 8
RECOMMENDATION:
Waive further reading and adopt Planning Commission Resolution No. 2829 to:
1. Conduct a public hearing and receive public testimony.
2. Adopting a Notice of Exemption for a Class 1 Categorical Exemption in accordance with
CEQA Guidelines Section 15301.
3. Approve CUP23-0002 to establish a new professional real estate office within an existing
ground floor space fronting El Paseo located at 73640 El Paseo, Suite 8.
EXECUTIVE SUMMARY:
The adoption of the staff recommendation will adopt a resolution approving a CUP request
by Olivia Scott Group to open a 1,640-square-foot real estate office at 73640 El Paseo Drive,
Suite 8, and find that the project is exempt from further CEQA review. The proposed project
is located within an existing ground floor frontage commercial street facing El Paseo, within
the El Paseo Overlay District (EPOD). The EPOD requires professional offices on ground
floor street frontages to obtain a CUP. The discretionary process of the CUP is intended to
allow office uses that preserve the high-end and pedestrian-oriented character of the El
Paseo and limit the density of office uses on the street.
The proposed real estate office will be operated by Engel & Volkers. The applicant proposes
to incorporate high-quality modern interior finishes and an improved exterior façade with
pedestrian-oriented amenities such as street furniture and window display cases to maintain
the high-end character of the El Paseo Street scene. Staff finds the proposed office is
compatible with the existing adjacent land uses and meets the intent and purpose of the
EPOD.
BACKGROUND/ANALYSIS:
a) Property Description: The project site is an existing multi-tenant commercial building
complex located at the northeast corner of El Paseo and Larkspur Lane, known as
Grapevine Plaza. The site is comprised of one parcel totaling 0.86 acres, containing
one (1) single-story commercial building with a combined floor area of approximately
11,023 square feet. Construction of the building was completed in 1979. The project
City of Palm Desert
Case No. CUP23-0002 – Engel & Volkers Real Estate Office
Page 2 of 5
site also has access to parking through the adjacent Presidents’ Plaza parking lot, with
a total of 40 parking spots within the project boundary.
Existing tenants within the complex include a restaurant, dentist’s office, clothing retail
store, and beauty salon. The project will locate within Suite 8, at the southeastern edge
of the site. This suite is approximately 1,640 square feet and was previously occupied
by a retail clothing store.
b) Current Zoning & General Plan Land Use Designation:
Zone: Downtown (D)
General Plan: City Center/Downtown
c) Adjacent Zoning & Land Use:
North: Downtown (D)/Presidents Plaza
South: Downtown (D)/Commercial Center and retail shops
East: Downtown (D)/Melissa Morgan Art Gallery
West: Downtown Core Overlay District (DO)/El Paseo Marketplace
Project Description:
The project is a CUP request by Engel & Volkers to open a professional real estate office in
a ground floor, street-fronting tenant space located at 73640 El Paseo, Suite 8. The floor plan
of the proposed office will orient customer services toward the front of the suite with a
reception and lounge area. Display cases advertising listings will be placed along the length
of the storefront windows to add visual interest from the exterior sidewalk. The interior space
features a modern design characterized by light, neutral finishes, and functional furniture. The
improvements to the exterior will consist of a repainted fascia board and a new business
identification sign. The existing blue canvas awning will be removed. There will also be the
addition of pedestrian amenities such as a bicycle rack and planters. The business will
operate from 9:00 a.m. to 5:00 p.m., Monday through Friday.
No other modifications are proposed to the existing building site.
Analysis:
The project site is zoned Downtown (D) and located within the EPOD, established under Palm
Desert Municipal Code (PDMC) Section 25.28.040. The EPOD is intended to allow
professional office uses on the ground floor fronting El Paseo, subject to a CUP and required
findings listed under PDMC 25.72.050. The ordinance states that the City’s overall goal is for
El Paseo to remain a high-end, pedestrian-friendly street while allowing a limited amount of
storefront office uses that complement the pedestrian corridor. As part of the CUP review
process, staff and the Planning Commission will review each office use proposal and make
findings based on the following.
1. Type of office uses. The Planning Commission will review the type of office uses on how
they energize/engage interest along the street and enhance its primary use as a
retail/entertainment center.
The proposed use is a professional real estate office, which is anticipated to have some
customers visiting the site to access services. Alongside its primary use, the office space
City of Palm Desert
Case No. CUP23-0002 – Engel & Volkers Real Estate Office
Page 3 of 5
will also host future community events that feature local artists and businesses. The
business will provide engaging visuals in the form of display cases along the storefront
windows. These display cases will advertise property listings that pedestrians and
customers can view from the right-of-way. Additionally, there will be a bicycle rack and
outdoor seating for public use. The interior will have high-quality neutral finishes that
complement the surrounding tenants and make it compatible with the high-end character
of El Paseo.
2. Locations. The Planning Commission will review and analyze the locations based on the
following.
A. Corner properties: The overall goal for corner properties is to preserve them for
restaurants with patio spaces and retail uses with large storefronts.
B. Density: The Planning Commission shall review each application to preserve El Paseo
as a retail district.
C. Abut/neighbor one another: The overall goal is not to have large consecutive building
storefronts of office spaces.
The location of the office is on the easterly end of an existing commercial plaza. The
property is not located on a corner of a street intersection; therefore, not considered a
corner property. It is located approximately 150 feet east of the intersection of El Paseo
and Larkspur Lane. The block in which the use is located is occupied by retail stores
(jewelry, antiques, and clothing), beauty salons, restaurants, and art galleries. There are
two other professional office uses located on ground floor frontages on the northern block
of El Paseo between Larkspur Lane and San Luis Rey Avenue. These offices include a
financial investment firm and a travel agency.
Since the EPOD was amended to allow offices by CUP in October 2019, the Planning
Commission has approved two other professional offices, as shown below. Based on the
distance from these existing offices, the proposed real estate office will not create a
substantial density of offices in the immediate vicinity.
Figure 1 – Existing CUP Approvals for Offices on El Paseo
Case No. Address Business Name Distance from Project Site
CUP 20-0006 73280 El Paseo iHart Real Estate 1,950’-0”+
CUP 20-0008 73260 El Paseo Better Homes and
Gardens Real Estate 2,150’-0”+
CUP 22-0004 73111 El Paseo Forbes EQTY Real
Estate 2,790’-0”+
Public Input:
Public noticing was conducted for the March 7, 2023, Planning Commission meeting in
accordance with the requirements of PDMC Section 25.60.060 and in accordance with
Government Code Sections 65090 to 65094. A public hearing notice was published a
minimum of 10 days prior to the hearing date on Wednesday, February 22, 2022, in The
Desert Sun newspaper. Notices were mailed to all property owners within 300 feet of the
project site for a total of 20 public hearing notices mailed.
City of Palm Desert
Case No. CUP23-0002 – Engel & Volkers Real Estate Office
Page 4 of 5
Environment Review:
City staff has reviewed the project in accordance with CEQA and determined that the project
is exempt from environmental review pursuant to Section 15301 Existing Facilities (Class 1)
of the State CEQA Guidelines. 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 tenant space previously occupied by a retail clothing store. The proposed real
estate would involve minor exterior and interior tenant improvements to accommodate 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.
Findings of Approval:
In accordance with 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 EPOD and allows office uses
with the approval of a CUP. The D zoning district 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 designed as a
pedestrian specialty retail and personal services district, with the intent of creating a
continuous succession of diverse but compatible businesses including, art galleries,
shops, and restaurants. The proposed use is allowed in the D zoning district 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 displaying listings in well-lit, pedestrian-
friendly display cases 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 public health, safety, or
welfare, or be materially injurious to properties or improvements in the vicinity. Other
professional offices with similar use intensities have been 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.
City of Palm Desert
Case No. CUP23-0002 – Engel & Volkers Real Estate Office
Page 5 of 5
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, known as Presidents’ Plaza
West. There are a total of 40 parking spaces within the project site parcel, which
results in a ratio of 3.5 spaces per 1,000 square feet. This is slightly 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.
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 that include a variety of civic, cultural, entertainment, retail,
restaurant, and commercial services activities along with multifamily 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.
REVIEWED BY:
Department Director: Richard D. Cannone, AICP
Deputy Director: Rosie Lua
ATTACHMENTS:
1. Draft Planning Commission Resolution No. 2829
2. Public Hearing Notice
3. CEQA Notice of Exemption
4. Statement of Use
5. Project Plans
PLANNING COMMISSION RESOLUTION NO. 2829
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 1,640-
SQUARE-FOOT PROFESSIONAL REAL ESTATE OFFICE WITHIN AN
EXISTING GROUND FLOOR COMMERCIAL BUILDING SPACE LOCATED
AT 73640 EL PASEO, SUITE 8
CASE NO. CUP23-0002
WHEREAS, Olivia Scott group (“Applicant”) submitted a CUP application to establish
a real estate office within an existing ground floor commercial building space located at 73640
El Paseo, Suite 8 (“Project”); and
WHEREAS, the proposed Project conforms to the General Plan land use designation
of the City Center/Downtown and development standards listed in the City’s Zoning
Ordinance for the Downtown (D) zoning district and El Paseo Overlay District (EPOD); and
WHEREAS, the proposed Project is compatible with the uses in the vicinity of the
location on 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, and is not subject to any
exceptions as 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 7th day of March 2023, hold a duly noticed public hearing to consider the request 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:
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.
PLANNING COMMISSION RESOLUTION NO. 2829
2
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 D within the EPOD and allows office uses with the
approval of a CUP. The D zoning district 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 designed as a pedestrian-specialty retail and
personal services district, with the intent of creating a continuous succession of diverse
but compatible businesses, including art galleries, shops, and restaurants. The proposed
use is allowed in the D zoning district 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
displaying listings in well-lit, pedestrian-friendly display cases 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 public health, safety, or welfare,
or be materially injurious to properties or improvements in the vicinity. Other professional
offices with similar use intensities have been 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, known as Presidents’ Plaza West. There are
a total of 40 parking spaces within the Project site parcel, which results in a ratio of 3.5
spaces per 1,000 square feet. This is slightly greater than the required three (3) spaces
per 1,000 square feet of building area required in the D Zone for Commercial Uses per
PDMC 25.18.050.
4. That the proposed conditional use complies with the goals, objectives, and policies of the
City’s General Plan.
PLANNING COMMISSION RESOLUTION NO. 2829
3
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 that include a variety of civic, cultural, entertainment, retail, restaurant, and
commercial services activities along with multifamily 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 located 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 5301
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. Additionally, the Project does not qualify for any of
the exceptions pursuant to Article 19 of the CEQA Guidelines Section 15300.2 for
“Exceptions.” The case Project is a land use matter which does not result in any physical
alterations to the site. The proposed real estate office would operate within an existing
commercial building space, involving minor tenant improvements to accommodate the
proposed use. The Project is also located in a zoning district with similar retail and service
uses; therefore, it would not aggravate existing environmental conditions. The Project is
consistent with the City Center/Downtown land use designations for the site, as well as
the Downtown zoning designation.
SECTION 2. Project Approvals. The Planning Commission hereby recommends
approval of CUP23-0002, subject to the 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. Richard D. Cannone, AICP, 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. CUP23-0002.
PLANNING COMMISSION RESOLUTION NO. 2829
4
ADOPTED ON , 2023.
NANCY DE LUNA
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that
Resolution No. 2829 is a full, true, and correct copy, and was duly adopted at a regular
meeting of the Planning Commission of the City of Palm Desert on March 7, 2023, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on March ____, 2023.
RICHARD D. CANNOE, AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2829
5
EXHIBIT “A”
CONDITIONS OF APPROVAL
CASE NO. CUP23-0002
PLANNING DIVISION:
1. The development of the property shall conform substantially with the approved exhibits
contained in CUP23-0002 on file in Development Services Department, except 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. The 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. The
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
(2) 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 PDMC Chapter
25.72.050.
6. Within 30 days of the receipt of the signed Conditions of Approval, the Applicant shall
execute a written acknowledgment to the Director of Development Services stating
acceptance of and compliance with all the Conditions of Approval of Resolution No. 2829
for CUP23-0002 and that the plans submitted comply with the Conditions of Approval.
PLANNING COMMISSION RESOLUTION NO. 2829
6
No modifications shall be made to said plans without written approval from the
appropriate decision-making body.
7. The approved use shall commence within two (2) 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 the construction of any use or structure
contemplated by this approval, the Applicant shall first obtain permits and or clearance
from the following agencies:
Fire Marshall
City of Palm Desert Building and Safety Division
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. All colors, materials, architectural design, and design details shall be in compliance with plans
and elevations as approved by this CUP. Any deviation from the approved plans and
documents shall require an amendment to this CUP unless the Director of Development
Services finds that the proposed change is of a minor nature, in which case a changed plan
shall be processed and approved.
10. The professional real estate office shall operate in a 1,640-square-foot suite.
11. Interior and exterior signage shall be reviewed and approved by the Department of
Development Services and shall conform to the City’s Sign Ordinance Chapter 25.56.
12. The Applicant shall finalize the application for the bike rack with the City of Palm Desert
Economic Development Division through its Unite Palm Desert Bicycle Rack Incentive
Program. The Applicant shall be responsible for adhering to the conditions of the program.
13. The Applicant must maintain a minimum horizontal clearance of 48 inches along the entire
pathway fronting the tenant space for accessibility purposes.
14. The Applicant shall preserve existing storefront glass and provide displays as described
in the approved operations statement dated February 8, 2023.
BUILDING AND SAFETY DIVISION:
15. This Project shall comply with the latest adopted edition of the building codes.
16. The Applicant shall coordinate directly with:
Riverside County Fire Marshal’s Office
CAL FIRE/Riverside County Fire Department
Main: (760) 863-8886
77933 Las Montañas Road, Suite 201
Palm Desert, CA 92211
PLANNING COMMISSION RESOLUTION NO. 2829
7
17. All contractors and subcontractors shall have a current City of Palm Desert Business License
before permit issuance per PDMC, Title 5.
18. All contractors and/or owner-builders must submit a valid Certificate of Workers’
Compensation Insurance coverage before the issuance of a building permit per California
Labor Code, Section 3700.
19. Site construction activities associated with building permits shall comply with the
requirements for hours of construction under PDMC Chapter 9.24.070
20. The Applicant shall contact the Palm Desert Permit Center for site address requirements.
21. Address numerals shall comply with Palm Desert Ordinance No. 1351 (PDMC Section
15.28). Compliance with Ordinance 1351 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. The Applicant may
request a copy of Ordinance 1351 or PDMC Section 15.28 from the Building and Safety
Division counter staff.
END OF CONDITIONS OF APPROVAL
G:\Planning\Case Files\CUP\CUP 23-0002 Engel & Volkers El Paseo\CUP 23-0002 Engel & Volkers - Public Hearing Notice (2.22.23).docx
CITY OF PALM DESERT
PUBLIC HEARING NOTICE
CASE NO. CUP 23-0002
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE
PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, TO REVIEW A
REQUEST BY ENGEL & VOLKERS FOR THE ADOPTION OF NOTICE OF EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL
OF A CONDITIONAL USE PERMIT TO ESTABLISH A NEW REAL ESTATE OFFICE LOCATED
AT 73640 EL PASEO, SUITE 8
The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the CEQA,
finds that the proposed project is categorically exempt under Article 19 Section 15301 Existing
Facilities (Class 1) of the CEQA; therefore, no further environmental review is necessary, and that
a Notice of Exemption can be adopted as part of this project.
PROJECT LOCATION/DESCRIPTION:
PROJECT LOCATION: 73640 El Paseo, Suite 8 (APN 627-212-005)
PROJECT DESCRIPTION: The project proposes to establish a new professional real estate office
on the ground floor fronting El Paseo, in an existing 1,640-square-foot retail tenant space located
at 73640 El Paseo, Suite 8. The office will be operated by Engel & Volkers.
PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the Planning Commission of the City of
Palm Desert, California, will hold a Public Hearing at its meeting on March 7, 2023. The Planning
Commission meeting begins at 6:00 p.m. in the Council Chamber located at 73510 Fred Waring
Drive, Palm Desert, California. Pursuant to Assembly Bill 361, this meeting may be conducted by
teleconference. Options for remote participation will be listed on the Posted Agenda for the
meeting at: https://www.palmdesert.gov/our-city/committees-and-commissions/commission-
information. There will be in-person access to the meeting location.
PUBLIC REVIEW: The plans and related documents are available for public review Monday
through Friday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Anna Dan. Please
submit written comments to the Planning Division. If any group challenges the action in court,
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:
Anna Dan, Assistant Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 776-0611, Extension 309
adan@palmdesert.gov
PUBLISH: THE DESERT SUN RICHARD D. CANNONE, AICP, SECRETARY
FEBRUARY 24, 2023 PALM DESERT PLANNING COMMISSION
Notice of Exemption FORM “B”
NOTICE OF EXEMPTION
TO:
Office of Planning and Research
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM:
(Public
Agency)
Clerk of the Board of Supervisors
or
County Clerk
County of:
Address
1. Project Title: CUP 23-0002 Engel and Volkers Real Estate Office
2. Project Applicant: Olivia Scott Group
3. Project Location – Identify street address and
cross streets or attach a map showing project site
(preferably a USGS 15’ or 7 1/2’ topographical
map identified by quadrangle name):
73640 El Paseo, Suite 8
Northeast corner of El Paseo and Larkspur Lane
APN: 627-212-005
4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside
5. Description of nature, purpose, and beneficiaries
of Project:
The Applicant, Olivia Scott Group, is requesting approval
of a conditional use permit to establish a 1,640 square-foot
luxury professional real estate office in an existing single
story, commercial building on the ground level fronting El
Paseo.
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:
Olivia Scott Group
8. Exempt status: (check one)
Notice of Exemption FORM “B”
(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.
State type and section number:
State CEQA Guidelines – § 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:
9. Reason why project was exempt: The project is exempt from CEQA per Section 1503 of the
CEQA Guidelines as the project is a Class 1 exemption for
Existing Facilities. The project consists of minor interior
and exterior alterations to an existing structure that will not
result in any additional square footage.
Interior alterations are limited to non-bearing walls and
electrical and plumbing conveyances.
10. Lead Agency Contact Person: Anna Dan, Assistant Planner
Telephone: 760-776-6309
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: March 7, 2023
Signature:__________________________________ Date:_______________ Title:__________________________
Name:
Signed by Lead Agency Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21110, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
EXAMPLE B
EXAMPLE A
EXAMPLE C
Office Finish Style & Furniture Type
Example "A" - Reception Display Wall
Example "B" - Private Office
Exterior View of boardroom.
Example "C" Conference Room
Photos and LookExample "C" - Conference Room
Exterior and interior view
DISPLAY CASE
N.T.S.
front side
TENANT IMPROVEMENT FOR
OLIVIA SCOTT GROUP
73640 EL PASEO DR. STE #8 PALM DESERT, CA 92260
TENANT IMPROVEMENT FOR:
OLIVIA SCOTT GROUP
CITY OF PALM DESERT
ATTENDANCE REPORT
Advisory Body:
Prepared By:
Year
Month
Date 3-Jan 17-Jan 7-Feb 21-Feb 1-Mar 15-Mar 5-Apr 19-Apr 3-May 17-May 7-Jun 21-Jun 5-Jul 19-Jul 2-Aug 16-Aug 6-Sep 20-Sep 4-Oct 18-Oct 1-Nov 15-Nov 6-Dec 20-Dec
DeLuna, Nancy -P -A P P -P P -P -P --P P --P P P P -1 1
Greenwood, John -P -P P P -A P -P -P --P P --P P P P -1 1
Gregory, Ron -P -P P P -A P -P -P --P P --P A P P -2 2
Holt, Lindsay -P -P P P -P P -P -P --P A --P P P P -1 1
Pradetto, Joseph -P -P P P -P P -A -P --P P --P P P P -1 1
Palm Desert Municipal Code 2.34.010:
P Present
A Absent
E Excused
-No meeting
2023 2023 2022 2022 2022
Total
Absences
Oct Nov Dec
Planning Commission
M. O'Reilly
2022 2022
Twice Monthly: Six unexcused absences from regular meetings in any twelve-month period shall constitute an automatic resignation of members holding office on boards that meet twice monthly.
Total
Unexcused
Absences
Jan Feb Mar Apr May Jun Jul Aug Sep
2022 2022 2022 2022 2022