HomeMy WebLinkAboutRes No 2834 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
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 decor 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.
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PLANNING COMMISSION RESOLUTION NO. 2834
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.
3
PLANNING COMMISSION RESOLUTION NO. 2834
ADOPTED ON June 20, 2023.
Na�rc� ,�e%ura
Nancy DeL na (Jun 26, 202319:51 PDT)
NANCY DE LUNA
CHAIRPERSON
ATTEST:
RI ARD 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:
DE LUNA, GREGORY, HOLT, and PRADETTO
NOES:
NONE
ABSENT:
GREENWOOD
ABSTAIN:
NONE
RECUSED:
NONE
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
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PLANNING COMMISSION RESOLUTION NO. 2834
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.
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PLANNING COMMISSION RESOLUTION NO. 2834
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.
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PLANNING COMMISSION RESOLUTION NO. 2834
17. The Applicant shall coordinate directly with:
Riverside County Fire Marshal's Office
CAL FIRE/Riverside County Fire Department
Main: (760) 863-8886
77933 Las Montanas Road, Suite 201
Palm Desert, CA 92211
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
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Planning Commission Resolution No. 2834
Final Audit Report 2023-06-27
Created: 2023-06-26
By: Monica O'Reilly (moreilly@palmdesert.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAlzmORpj7AJNtP03WhBx22jWiBrApUcCG
"Planning Commission Resolution No. 2834" History
Document created by Monica O'Reilly (moreilly@palmdesert.gov)
2023-06-26 - 9:47:51 PM GMT
Document emailed to nancyjdeluna@gmail.com for signature
2023-06-26 - 9:48:10 PM GMT
Email viewed by nancyjdeluna@gmail.com
2023-06-26 - 10:59:09 PM GMT
r Signer nancyjdeluna@gmail.com entered name at signing as Nancy DeLuna
2023-06-27 - 2:51:50 AM GMT
r-�Q Document e-signed by Nancy DeLuna (nancyjdeluna@gmail.com)
Signature Date: 2023-06-27 - 2:51:52 AM GMT - Time Source: server
O Agreement completed.
2023-06-27 - 2:51:52 AM GMT
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