HomeMy WebLinkAbout2023-06-20 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 2449, this meeting may be conducted as a hybrid meeting
allowing public access via teleconference or in person.
• 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
June 20, 2023
6:00 p.m.
Regular Meeting
Planning Commission Agenda June 20, 2023
City of Palm Desert Page 2
A. APPROVAL OF MINUTES
RECOMMENDATION: Approve the Planning Commission Regular Meeting minutes of
June 6, 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 WITHIN AN EXISTING GROUND FLOOR TENANT SPACE
FRONTING EL PASEO LOCATED AT 73880 EL PASEO, SUITE 2
RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution
Nos. 2834:
1. Adopting a Notice of Exemption for a Class 1 Categorical Exemption in accordance
with CEQA Guidelines Section 15301.
2. Approving CUP23-0007 to establish a professional real estate office within an existing
ground floor tenant space fronting El Paseo located at 73880 El Paseo, Suite 2.
8. INFORMATIONAL REPORTS & COMMENTS
A. SUMMARY OF CITY COUNCIL ACTIONS
B. COMMITTEE MEETING UPDATES
1. Cultural Arts Committee
2. Parks and Recreation Commission
a. Presentation of Conceptual Design for North Palm Desert Community Park
C. PLANNING COMMISSIONERS
D. CITY STAFF
E. ATTENDANCE REPORT
Planning Commission Agenda June 20, 2023
City of Palm Desert Page 3
9. ADJOURNMENT: The next Regular Meeting will be held on July 18, 2023, at 6:00 p.m.
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.palmdesert.gov.
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
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 Chair DeLuna on
Tuesday, June 6, 2023, at 6:02 p.m.
2. ROLL CALL
Present: Commissioners John Greenwood, Lindsay Holt, Vice-Chair Joseph Pradetto, and
Chair Nancy DeLuna.
Absent: Commissioner Ron Gregory.
Staff
Present: Ryan Guiboa, City Attorney; Richard Cannone, Director of Development Services;
Rosie Lua, Deputy Director of Development Services; Nick Melloni, Principal
Planner; Carlos Flores, Senior Planner, and Monica O’Reilly, Executive
Administrative Assistant.
3. PLEDGE OF ALLEGIANCE
Vice Chairperson Pradetto led the Pledge of Allegiance.
4. NON-AGENDA PUBLIC COMMENT:
None.
Tuesday, June 6, 2023
6:00 p.m.
Regular Meeting
Planning Commission Minutes June 6, 2023
City of Palm Desert Page 2
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.
A. APPROVAL OF MINUTES
RECOMMENDATION: Approve the Minutes of May 16, 2023.
MOTION BY COMMISSIONER GREENWOOD, SECOND BY VICE CHAIRPERSON
PRADETTO, CARRIED 4-0, to approve the Planning Commission Regular Meeting
minutes of May 16, 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 TO THE CITY COUNCIL TO ADOPT A
MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA); AND APPROVAL OF A SPECIFIC PLAN
AMENDMENT, PRECISE PLAN, AND TENTATIVE PARCEL MAP TO DEVELOP A
PHASED 114,700-SQUARE-FOOT MEDICAL OFFICE PARK WITH RELATED ON-
SITE AND OFF-SITE IMPROVEMENTS, AND SUBDIVIDE A 10.47-ACRE PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF GERALD FORD DRIVE AND
TECHNOLOGY DRIVE (ASSESSOR’S PARCEL NUMBERS 694-580-026 AND -027)
Commissioner Greenwood announced that Prest Vuksic Greenwood Architects (PVG) is
the architectural firm working on the project and recused himself from this item.
Principal Planner Melloni stated that City staff received two letters on the project regarding
the Initial Study/Mitigated Negative Declaration and requested that the Planning
Commission continue this item to a date certain to August 1, 2023.
Chair DeLuna accepted comments from the public.
Kelilah Federman, San Diego, California, commented that the Mitigated Negative
Declaration (MND) does not comply with CEQA, and it is premature for the Commission
to approve the project.
Planning Commission Minutes June 6, 2023
City of Palm Desert Page 3
Godfrey Washira (17654099036) commented that the project needs an Environmental
Impact Report, and the Commission should continue this item.
John Sisley, UA Local 364 Plumbers, San Bernardino, California, voiced his opposition to
the project.
Zachary Mena, Local 433 Ironworkers, voiced his opposition to this project.
Frankie Jimenez, Ironworkers Union Local 416, voiced his opposition to this project.
MOTION BY VICE CHAIRPERSON PRADETTO, SECOND BY COMMISSIONER HOLT,
CARRIED 3-0 (GREGORY ABSENT AND GREENWOOD RECUSED), to continue Case
Nos. SP/EA22-0002, PP22-0009, and TPM 38728 to August 1, 2023.
8. INFORMATIONAL REPORTS & COMMENTS
A. SUMMARY OF CITY COUNCIL ACTIONS
None.
B. COMMITTEE MEETING UPDATES
1. Cultural Arts Committee
None.
2. Parks and Recreation Commission
Principal Planner Melloni reported that Intrawest, the consultant, presented conceptual
renderings and site plans for Millennium Park. City staff provided an update on converting
existing courts into pickleball courts and Lupine Plaza.
C. PLANNING COMMISSIONERS
None.
D. CITY STAFF
Principal Planner Melloni announced a meeting is scheduled on June 19 to discuss the
Objective Design Standards, followed by the regular Planning Commission meeting on
June 20 to update the Commission on the community engagement meeting, as well as a
consistency analysis between the City’s General Plan and Zoning Ordinance. He also
introduced newly hired Senior Planner Carlos Flores.
E. ATTENDANCE REPORT
The attendance report was provided with the agenda materials. The Commission took no
action on this matter.
Planning Commission Minutes June 6, 2023
City of Palm Desert Page 4
9. ADJOURNMENT
The Planning Commission adjourned the meeting at 6:24 p.m.
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 6
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 20, 2023
PREPARED BY: Audrey Nickerson, Associate Planner II
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
WITHIN AN EXISTING GROUND FLOOR TENANT SPACE
FRONTING EL PASEO LOCATED AT 73880 EL PASEO, SUITE 2
RECOMMENDATION:
Waive further reading and adopt Planning Commission Resolution No. 2834 to:
1. Conduct a public hearing and receive public testimony.
2. Adopt a Notice of Exemption for a Class 1 Categorical Exemption in accordance with
CEQA Guidelines Section 15301.
3. Approve CUP23-0007 to establish a professional real estate office within an existing
ground floor tenant space fronting El Paseo located at 73880 El Paseo, Suite 2.
EXECUTIVE SUMMARY:
Adopting the staff recommendation will adopt a resolution approving a CUP request by
Rising Phoenix Homes, Inc. (Applicant) to establish a 680-square-foot real estate office
at 73880 El Paseo, Suite 2, and find that the project is exempt from further CEQA review.
The proposed project is located within an existing ground floor commercial space facing
El Paseo and is within the El Paseo Overlay District (EPOD). The EPOD requires
professional offices on ground floor street frontages to obtain approval of 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 pedestrian corridor and limit the
density of office uses on the street.
The proposed real estate office will be operated by Harcourts Desert Homes. The
Applicant proposes to incorporate high-quality modern interior finishes and an improved
exterior façade with a new awning to include business identification and pedestrian-
oriented amenities such as a six-foot (6’) bench, planters on either side of the entrance,
and dog-friendly amenities.
Staff finds the proposed office is compatible with the existing adjacent land uses and
meets the intent and purpose of the EPOD.
City of Palm Desert
CUP23-0007 Real Estate Office on El Paseo
BACKGROUND/ANALYSIS:
a) Property Description: The project site is an existing multi-tenant commercial
building located on the north side of El Paseo, approximately 400 feet east of San
Luis Rey Avenue. The site is comprised of one parcel totaling 0.24 acres
containing one (1) single-story commercial building with a combined floor area of
3,950 square feet. Construction of the building was completed in 1976. The project
site is within the Presidents’ Plaza Property and Business Improvement District
(PBID), which provides a shared parking lot for all properties within the PBID,
maintained by the City, located directly north of the project site containing 390
parking spaces. The parking area can be accessed through the breezeway directly
east of the building.
Existing tenants within the building include three hair salons and one vacant suite.
The project will locate within Suite 2 on the west side of the building, fronting El
Paseo. The suite is 680 square feet and was previously occupied by a retail
chocolate shop.
b) Current Zoning & General Plan Land Use Designation:
Table 1 – Adjacent Land Use and Designations
Existing Use General Plan Zoning
Project
Site
Commercial
Building (Suite 2
Vacant)
City
Center/Downtown Downtown (D), El Paseo Overlay
North Commercial
Building
City
Center/Downtown Downtown (D)
South Commercial
Building
City
Center/Downtown Downtown (D), El Paseo Overlay
East Commercial
Building
City
Center/Downtown Downtown (D), El Paseo Overlay
West Bank City
Center/Downtown
Downtown Core Overlay (D-O), El
Paseo Overlay
Project Description:
The project will establish a 680-square-foot real-estate office in the space at 73380 El
Paseo, Suite 2. The existing large storefront windows with black framing will remain to
provide views to the interior of the space from the public sidewalk. The existing black
awning will be replaced with a new black awning with business identification. The interior
will have high-quality neutral finishes with accents utilizing the company colors and large
canvas prints of prominent real estate visible from the frontage. The business will provide
an open floor plan with customer service areas in clear view of the storefront windows.
The improvements to the exterior will consist of replacing the existing black awning to
include business identification, consistent with existing awnings at adjacent businesses.
The project also includes the addition of planters on either side of the entrance and a
bench branded with the company colors in front of the existing landscaping west of the
entrance to provide shaded seating for pedestrians. The business will operate from 9:00
a.m. to 5:00 p.m., Monday through Friday. Hours for Saturday and Sunday will vary based
City of Palm Desert
CUP23-0007 Real Estate Office on El Paseo
on client needs. The real estate office is anticipated to have 10-20 clients and agents
visiting the site daily.
Alongside its primary use, the Applicant plans to host future community events that
feature local artists and businesses, such as a grand opening event, an open house style
event during the El Paseo Art Walk events, and an annual client appreciation event. All
events would be contained within the suite and must comply with maximum occupancy
requirements. At least 30 days prior to any event, the Applicant would be required to
submit a Temporary Use Permit (TUP) application to the Planning Division for review and
approval.
Analysis:
The project site is zoned Downtown (D) and located within the El Paseo Overlay District
(EPOD), established under Palm Desert Municipal Code (PDMC) Section 25.28.040. The
EPOD is intended to maintain El Paseo as a pedestrian specialty retail/personal services
district while allowing a limited amount of storefront office uses that complement the
pedestrian corridor.
Professional office uses may be approved on the ground floor fronting El Paseo, subject
to a CUP and required findings listed under PDMC 25.72.050. 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 10-
20 clients and agents visiting the site daily, on average. Alongside its primary use, the
Applicant plans to host future community events that feature local artists and
businesses, such as a grand opening event, an open house style event during the El
Paseo Art Walk events, and an annual client appreciation event. All events would be
contained within the suite and must comply with maximum occupancy requirements.
At least 30 days prior to any event, the Applicant would be required to submit a TUP
application to the Planning Division for review and approval.
The exterior of the suite would be consistent with nearby tenants along the north side
of El Paseo, which have large storefront windows with black framing and a black
awning with business identification. The interior will have high-quality neutral finishes
with accents utilizing the company colors and large canvas prints of prominent real
estate visible from the frontage. Additionally, pedestrian amenities such as a shaded
bench and dog-friendly amenities will be available at the storefront to create a
comfortable, inviting space.
City of Palm Desert
CUP23-0007 Real Estate Office on 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 westerly end of an existing commercial. The
property is not located on a corner of a street intersection; therefore, not considered
a corner property. It is located approximately 400 feet east of the intersection of El
Paseo and San Luis Rey Avenue.
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 offices located on the ground floor frontage of El Paseo between San
Luis Rey Avenue and Portola Avenue. A wealth management office and construction
contractor are located approximately 135 feet south of the project site. An additional
office use would not alter the current balance or mix of uses as professional and
business office uses would constitute less than eight percent (8%) of uses on the
ground floor along this El Paseo between San Luis Rey Avenue and Portola Avenue.
Additionally, the proposed real estate office is not adjacent to any other office use. As
such, the proposed use would not create a cluster of office uses that would disrupt the
pedestrian-oriented environment along the El Paseo frontage.
Since the EPOD was amended to allow offices by CUP in October 2019, the Planning
Commission has approved four (4) 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.
Table 2 – Existing Real Estate Offices Approved on El Paseo
Case No. Address Business Name Distance from
Project Site
CUP 20-0006 73280 El Paseo iHart Real Estate 2,995’-1”+
CUP 20-0008 73260 El Paseo Better Homes and
Gardens Real Estate 3,063’-6”+
CUP 22-0004 73111 El Paseo Forbes EQTY Real
Estate 3,984’-7”+
CUP 23-0002 73640 El Paseo,
Suite 8
Engel & Volkers Real
Estate 1,120’-11”+
City of Palm Desert
CUP23-0007 Real Estate Office on El Paseo
Public Input:
Public noticing was conducted for the June 20, 2023, Planning Commission meeting in
accordance with the requirements of PDMC Section 25.60.060 and Government Code
Sections 65090 to 65094. A public hearing notice was published a minimum of 10 days
prior to the hearing date on June 9, 2023, in The Desert Sun newspaper. Notices were
mailed to all property owners within 300 feet of the project site for a total of 25 public
hearing notices mailed. Staff has not received any public comments at the time of
publishing this report.
Environment Review:
City staff has reviewed the project in accordance with CEQA and recommends 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 chocolate shop. The proposed use would involve minor interior improvements, such
as paint and flooring, and the installation of a new awning on the building exterior. 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. Pursuant to Section 15300.2 of the CEQA Guidelines, a Class 1
exception may not be used if the project falls into any exceptions:
1. Location: The project qualifies as a Class 1 exemption, which is not listed as one
of the classes under 15300.2 (A). The project is not located on a site where it may
have an adverse impact on an environmental resource of hazardous or critical
concern where designated, precisely mapped, and officially adopted pursuant to
law by federal, state, or local agencies. The project site will not impact designated
environmental or biological resources as it is not located within a conservation area
as identified by the (MSHCP).
2. Cumulative Impact: The project will not have a cumulative impact on the
environment. The proposed use does not require any structural changes to the
site, which would result in increased square footage or a demand for more
resources. The existing parking available in the Presidents’ Plaza parking lot is
sufficient, and no additional parking is necessary.
3. Significant Effect: There are no unusual circumstances identified in relation to the
proposed use or project site which would result in a significant impact on the
environment. The project site is not located within a flood zone per the latest FEMA
Flood Zone Maps. The project site is located within an Urban Unzoned area per
the Fire Hazard Severity Zone map depicted in Figure 8.5 of the General Plan. The
project site is not identified within an Alquist-Priolo Fault Zone per the latest maps
on file with the California Department of Conservation; the nearest fault zone is the
San Andreas Fault located approximately 8.1 miles north of the project site.
City of Palm Desert
CUP23-0007 Real Estate Office on El Paseo
4. Scenic Highways: The project site is not located within proximity of any officially
designated state Scenic Highway. The nearest officially designated scenic
highway is Highway 74, south of Highway 111, located approximately 0.83 miles
west of the site.
5. Hazardous Waste Site: The project site has not been identified as a hazardous
waste site per maps and databases provided by the California Department of Toxic
Substances Control (DTSC).
6. Historical Resources: The project site does not contain any structure or title that
would designate it as a historical resource. Therefore, the project will not cause a
substantial adverse change in the significance of a historical resource.
Findings of Approval:
Findings can be made in support of the project under the PDMC. Findings in support of this
project are contained in Planning Commission Resolution No. 2834, attached to this staff
report.
REVIEWED BY:
Department Director: Richard D. Cannone
Deputy Director: Rosie Lua
ATTACHMENTS:
1. Draft Planning Commission Resolution No. 2834
2. Public Hearing Notice
3. CEQA Notice of Exemption
4. Statement of Use
5. Project Plans
PLANNING COMMISSION RESOLUTION NO. 2834
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 680-
SQUARE-FOOT PROFESSIONAL REAL ESTATE OFFICE WITHIN AN
EXISTING GROUND FLOOR COMMERCIAL BUILDING SPACE LOCATED
AT 73880 EL PASEO, SUITE 2
CASE NO. CUP23-0007
WHEREAS, Rising Phoenix Homes, doing business as Harcourts Desert Homes
(“Applicant”) submitted a CUP application to establish a real estate office within an existing
ground floor commercial building space located at 73880 El Paseo, Suite 2 (“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 20th day of June 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. 2834
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
installing high-end art and décor visible from the frontage; installing pedestrian amenities
such as outdoor seating and treats/water for dogs; 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 East. There are
a total of 15 parking spaces within the Project site parcel, which results in a ratio of 3.7
spaces per 1,000 square feet. This is 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. No variances or adjustments are requested for the proposed use.
4. That the proposed conditional use complies with the goals, objectives, and policies of the
City’s General Plan.
PLANNING COMMISSION RESOLUTION NO. 2834
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 CUP23-0007, 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. CUP23-0007.
PLANNING COMMISSION RESOLUTION NO. 2834
4
ADOPTED ON June 20, 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. 2834 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 June 20, 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 June ____, 2023.
RICHARD D. CANNONE, AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2834
5
EXHIBIT “A”
CONDITIONS OF APPROVAL
CASE NO. CUP23-0007
PLANNING DIVISION:
1. The development of the property shall conform substantially with the approved exhibits
contained in CUP23-0007 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 Applicant, 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 Applicant’s
approval of counsel, which shall not be unreasonably denied, and at the Applicant’s sole
expense. If the City is aware of such an action or proceeding, it shall promptly notify the
Applicant and cooperate in the defense. The Applicant 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 Applicant shall coordinate their defense in order to make
the most efficient use of legal counsel and to share and protect information. The
Applicant 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
Applicant’’s consent, which consent shall not be unreasonably withheld, conditioned, or
delayed unless the Applicant 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. 2834
for CUP23-0007 and that the plans submitted comply with the Conditions of Approval.
PLANNING COMMISSION RESOLUTION NO. 2834
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 680-square-foot suite.
11. The Applicant must install the exterior six-foot (6’) bench as shown on the floor plan by
June 20, 2024.
12. 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.
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 to allow visibility to the inside of the
building from El Paseo frontage at all times.
15. At least 30 days prior to any event outside the primary use, the Applicant must submit a
Temporary Use Permit (TUP) application to the Planning Division for review and
approval.
BUILDING AND SAFETY DIVISION:
16. This Project shall comply with the latest adopted edition of the building codes.
17. The Applicant shall coordinate directly with:
PLANNING COMMISSION RESOLUTION NO. 2834
7
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
18. All contractors and subcontractors shall have a current City of Palm Desert Business License
before permit issuance per PDMC, Title 5.
19. 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.
20. Site construction activities associated with building permits shall comply with the
requirements for hours of construction under PDMC Chapter 9.24.070
21. The Applicant shall contact the Palm Desert Permit Center for site address requirements.
22. 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
CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
INFO@CITYOFPALMDESERT.ORG
CITY OF PALM DESERT
PUBLIC HEARING NOTICE
CASE NO. CUP23-0007
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE PLANNING
COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER THE ADOPTION OF A
NOTICE OF EXEMPTION AND A REQUEST BY RISING PHOENIX HOMES FOR A CONDITIONAL USE
PERMIT TO ESTABLISH A NEW REAL ESTATE OFFICE AT 73880 EL PASEO, SUITE R-2
The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the
California Environmental Quality Act (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 a notice of Exemption can be adopted as part of this project.
PROJECT LOCATION/DESCRIPTION:
PROJECT LOCATION: 73880 El Paseo, Suite R-2 (APN 627-222-021)
PROJECT DESCRIPTION: The applicant proposes a Conditional Use Permit (CUP) to convert an existing
680-square-foot tenant space into a real estate office that will be operated by Harcourts Desert Homes.
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 June 20, 2023. The Planning Commission meeting
begins at 6:00 p.m. in the Council Chamber at 73510 Fred Waring Drive, Palm Desert, California. Pursuant
to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via
teleconference or in person. 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.
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, Audrey Nickerson. 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:
Audrey Nickerson, Associate Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611, Extension 444
anickerson@palmdesert.gov
PUBLISH: THE DESERT SUN RICHARD D. CANNONE, AICP, SECRETARY
JUNE 9, 2023 PALM DESERT PLANNING COMMISSION
Statutory Exemptions. State code number:
_______________________________________________
Notice of Exemption Appendix E
From: (Public Agency): ____________________________To: Office of Planning and Research
P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044
County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________
Project Applicant: ________________________________________________________________________
Project Location - Specific:
Project Location - City: ______________________ Project Location - County:
Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________
Name of Person or Agency Carrying Out Project: ________________________________________________
Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:
Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________
If filed by applicant: 1.Attach certified document of exemption finding.
2.Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Signature: ____________________________ Date:
Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
_______________
Categorical Exemption. State type and section number: ____________________________________
______________________________________________
______________ Title: _______________________
Revised 2011
119 N. Indian Canyon Drive, Palm Springs, CA 92262 | 760.864.4100 | HarcourtsDesertHomes.com
City of Palm Desert
Department of Development Services
73510 Fred Waring Drive
Palm Desert, CA 92260
RE: Statement of Use May 3, 2023
To Whom It Concerns,
We would like to request your review of our application for a conditional use permit to
allow a luxury real estate office on El Paseo, in the El Paseo Overlay District at
73880 El Paseo, Suite R-2.
Harcourts is an established international luxury real estate brand founded in 1888 in
New Zealand and Australia. Harcourts was ranked #6 in the world in 2022, with over
$50 Billion in annual sales volume, more than 900 offices on 4 continents, no debit,
and 135+ years of history. Harcourts is one of the world’s leading service
companies specializing in the sale of premium residential property. Thanks to our
unique and constantly expanding network and the strength of our brand, we have
access to exclusive clientele worldwide. We link together the aspirations of
discerning individuals around the world. We take a long-term view in our dealings,
strengthening The Harcourts brand whilst taking care to ensure that our customers
receive first-class service. One of our Harcourts pillars is “People First”. That is a
core value in providing the highest level of services to our clients.
Harcourts has successfully set itself aside from its competition with our non-
distressed luxury auction platform. Our luxury real estate platform has successfully
sold multiple luxury estates at Bighorn Golf Club, The Vintage and luxury properties
throughout the entire Coachella Valley.
Harcourts, Mr. Scott Palermo and Mr. James Sanak have been featured in multiple
luxury publications including Modern Luxury Palm Springs, Modern Luxury Los
Angeles, L. A. Confidential, Palm Springs Life Magazine, The Los Angeles Times,
The Hollywood Reporter, Variety, Dwell Magazine, Luxury Property Selection,
Curbed LA and numerous other publications. We have had the privilege to
represent significant estates including Frank Sinatra’s Estate – Villa Maggio, The
Sidney Sheldon Estate, The Jeannette Rockefeller Estate to name a few. Harcourts
is a true luxury brand.
The proposed 680 square foot professional real estate office will front on El Paseo
Drive. This is an existing tenant space that was formerly occupied by Francium
Chocolat. There is no need for any structural modifications as this space is perfect
119 N. Indian Canyon Drive, Palm Springs, CA 92262 | 760.864.4100 | HarcourtsDesertHomes.com
for the needs for Harcourts. The two previous tenants completed their own tenant
improvements and have created a move-in ready space for our occupancy. The
proposed new office will provide a modern exterior façade with an open, bright
interior to include a reception with lounge area, merchandise display and meeting
boardroom. The business will be open from Monday to Friday from 9:00 a.m. – 5:00
p.m. The hours for Saturday and Sunday will vary based on client needs. In
operating the brokerage (store), there will be 2-3 full time employees and an
increasing number of real estate agents, brokers and advisors that use this space to
collaborate and meet with clients.
The interior and exterior design of Harcourts will be an elegant, high-end design
reflecting luxury at the highest level and in alignment with the various high-end retail
shops along El Paseo. The floor plan of the office will orient customer services
toward the front of the suite with a reception and lounge area.
The interior space features a modern design with custom chairs by Sam Moore,
covered in a modern Jonathon Adler fabric, high-end desks and chairs (provided by
Desert Business Interiors – Palm Desert) and large framed wall art of various estates
at Bighorn Golf Club, The Vintage Club and other local luxury country club
communities. The color scheme will be neutral and incorporate some of our
Harcourts branded colors of Harcourts Navy (Pantone 7463C) and Harcourts Cyan
(Pantone Process Cyan C) and White.
The improvements to the exterior will consist of removing the two existing black
branded awnings (Francium Chocolat) and replace with two new Harcourts branded
black awnings. The branded awnings will be similar to the surrounding uses of the
other tenants in the building. A 6-foot blue outdoor bench and planters will be placed
outside the office to create a comfortable, inviting gathering space for customers.
One of the key differentiators of Harcourts is our iconic open shop concept
recognized in premier luxury markets throughout the globe. Our shops are an
extension of our luxury marketing portfolio with large windows showcasing properties
locally and around the world. Harcourts will contribute to the overall goal of a high-
end pedestrian oriented El Paseo, and complement the existing, established
restaurant and retail operations. Additionally, our shop is designed to establish us as
a local community partner where we will host community events, feature local artists
and businesses. We have already been in conversation with Martello Jewelers and
Dennis Ogas Salon on coordinating some fun events during ArtWalk El Paseo on the
First Friday of each month. Some of our current community and philanthropic
contributions include being members of the Palm Springs Art Museum, DAP Health -
Partners for Life program, Eisenhower Medical Center, The Modern Men of the
Coachella Valley Men’s Chorus, The Center – Ocotillo Club Members and The FIND
Food Bank.
119 N. Indian Canyon Drive, Palm Springs, CA 92262 | 760.864.4100 | HarcourtsDesertHomes.com
Harcourts goal is to create a retail office storefront that will attract walk by traffic. A 6-
foot blue outdoor bench in the shaded overhang area, planters, dog treats and water
bowl will be placed outside the office to create a comfortable, inviting gathering
space for customers to allow for conversations. Harcourts will have free luxury
branded magazines and a coffee/cappuccino/espresso station indoors to enjoy in our
reception and lounge area. We encourage everyone to come to Harcourts and enjoy
a cup of coffee, cappuccino or latte and learn more about our local luxury
neighborhoods, while browsing beautiful properties.
Sincerely,
Scott R. S. Palermo
Managing Broker, Principal
Harcourts – Palm Desert
Existing Conditions
Storefront - El Paseo facing north
Interior - Front of suite facing northwest Page 1 of 2
Existing Conditions
Interior - Facing west toward large existing marble table
Page 2 of 2
Renderings
Interior - Front of suite facing northwest
Storefront - El Paseo facing north
Page 1 of 2
Renderings
Interior - Facing west toward large existing marble table
Page 2 of 2
PLANNING COMMISSION
ATTENDANCE REPORT
ROLLING CALENDAR
Advisory Body:
Prepared By:
Year
Month
Date 3-Jan 17-Jan 7-Feb 21-Feb 7-Mar 21-Mar 4-Apr 18-Apr 2-May 16-May 6-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 -1 1
Greenwood, John -P -P P --P -P P -P --P P --P P P P -1 1
Gregory, Ron -P -P A --P -P A -P --P P --P A P P -3 3
Holt, Lindsay -P -P P --A -P P -P --P A --P P P P -2 2
Pradetto, Joseph -P -P P --P -P P -P --P P --P P P P -1 1
Palm Desert Municipal Code 2.34.010:
P Present
A Absent
E Excused
-No meeting
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
Total
Absences
Oct Nov Dec
Planning Commission
M. O'Reilly
2023/2022 202220232023202320232023