HomeMy WebLinkAbout2023-07-18 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
July 18, 2023
6:00 p.m.
Regular Meeting
Planning Commission Agenda July 18, 2023
City of Palm Desert Page 2
A. APPROVAL OF MINUTES
RECOMMENDATION: Approve the Planning Commission Study Session minutes of June
20, 2023.
RECOMMENDATION: Approve the Planning Commission Meeting minutes of June 20,
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 OF A REQUEST TO APPROVE A ONE-YEAR TIME EXTENSION
FOR TENTATIVE PARCEL MAP 37234 TO SUBDIVIDE A 32-ACRE AREA INTO FOUR
(4) PARCELS AT THE SOUTHEAST CORNER OF MONTEREY AVENUE AND DICK
KELLY DRIVE
RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution
No. 2835:
1. Granting the extension of time to extend the project approval until September 12,
2024.
B. CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); AND APPROVAL OF A
CONDITIONAL USE PERMIT AND PRECISE PLAN TO DEVELOP A 3,539-SQUARE-
FOOT, SINGLE-STORY BUILDING WITHIN THE PALM DESERT CIVIC CENTER
CAMPUS LOCATED AT THE NORTHEAST CORNER OF SAN PABLO AVENUE AND
FRED WARING DRIVE (ASSESSOR’S PARCEL NUMBER 622-250-014)
RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution
No. 2836:
1. Adopting a Notice of Exemption for a Class 32 Categorical Exemption in accordance with
CEQA Guidelines Section 15332 as an Infill development.
2. Approving Conditional Use Permit (CUP) 23-0001 and Precise Plan (PP) 23-0001 for a
3,539-square-foot (SF), single-story building located at the northeast corner of San Pablo
Avenue and Fred Waring Drive (Assessor’s Parcel Number 622-250-014).
Planning Commission Agenda July 18, 2023
City of Palm Desert Page 3
C. CONSIDERATION OF A RECOMMENDATION TO THE CITY COUNCIL TO ADOPT A
NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT AND APPROVAL OF CHANGE OF ZONE 23-0001 TO CHANGE THE
ZONING DESIGNATION OF PARCEL 1 OF PARCEL MAP NO. 36614, LOCATED
APPROXIMATELY 500 FEET FROM THE NORTHWEST CORNER OF HIGHWAY 111
AND FRED WARING DRIVE FROM RESORT COMMERCIAL CENTER (PC-4) TO
DISTRICT COMMERCIAL CENTER (PC-2)
RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution
No. 2837:
1. Recommending that the City Council adopt a Notice of Exemption pursuant to the General
Rule Exemption under Section 15061(b)(3) “General Rule.”
2. Recommend that the City Council approve Case No. CZ23-0001 for a Change of Zone for
Parcel 1 of Parcel Map No. 36614 from the PC-4 to PC-2 zoning designation.
D. CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND A USE DETERMINATION
(UD) THAT A BAR/LOUNGE IS SIMILAR TO OTHER USES PERMITTED IN THE
DISTRICT PLANNED COMMERCIAL (PC-2) ZONING DISTRICT AND MAY BE
ALLOWED, SUBJECT TO AN ADMINISTRATIVE USE PERMIT AT 72221
HIGHWAY 111, SUITE 110
RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution
No. 2838:
1. Adopting a Notice of Exemption, pursuant to the General Rule Exemption under
Section 15061(b)(3), “General Rule.”
2. Approving Case No. UD23-0001 to deem a Bar/Lounge use as an administratively
allowed use within the District Planned Commercial (PC-2) zoning designation.
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 August 1, 2023, at 6:00 p.m.
Planning Commission Agenda July 18, 2023
City of Palm Desert Page 4
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.
PALM DESERT PLANNING COMMISSION
MINUTES OF THE STUDY SESSION
Tuesday, June 20, 2023
STUDY SESSION:
A Study Session was called to order by Chair DeLuna on Tuesday, June 20, 2023, at 6:02 p.m. in
the Council Chamber at the Palm Desert Civic Center, 73510 Fred Waring Drive, Palm Desert.
ROLL CALL:
Present: Commissioners Ron Gregory, Lindsay Holt, Vice-Chair Pradetto, and Chair Nancy
DeLuna.
Absent: Commissioner John Greenwood.
Chair DeLuna stated that she is employed by an affordable multifamily developer and recused
herself to avoid any perception of impropriety.
The Planning Commission held a Study Session on Objective Design Standards for Multifamily
Residential and Mixed-use Development being prepared for the City by consultant John Kaliski
Architects. The consultant, John Kaliski, narrated a PowerPoint presentation outlining comments
made by members of the public, Architectural Review Commission, and developers at a public
open house community meeting held on June 19, 2023. The applicant provided comments
based on the General Plan and noted the item would return to the Planning Commission on
August 8, 2023, when draft Objective Standards were complete. The Planning Commission took
no formal actions.
The Planning Commission Study Session concluded at 7:13 p.m.
Respectfully submitted,
Monica O’Reilly, Executive Administrative Assistant
Recording Secretary
ATTEST:
Richard D. Cannone, AICP, Director of Development Services
Secretary
APPROVED BY CITY COUNCIL: XX/XX/2023
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 20, 2023, at 7:14 p.m.
2. ROLL CALL
Present: Commissioners Ron Gregory, Lindsay Holt, Vice-Chair Joseph Pradetto, and
Chair Nancy DeLuna.
Absent: Commissioner John Greenwood.
Staff
Present: Ryan Guiboa, City Attorney; Rosie Lua, Deputy Director of Development Services;
Nick Melloni, Principal Planner; Carlos Flores, Senior Planner, Audrey Nickerson,
Associate Planner II, Shawn Muir, Community Services Manager, and Monica
O’Reilly, Executive Administrative Assistant.
3. PLEDGE OF ALLEGIANCE
Commissioner Gregory led the Pledge of Allegiance.
4. NON-AGENDA PUBLIC COMMENT:
None.
Tuesday, June 20, 2023
6:00 p.m.
Regular Meeting
Planning Commission Minutes June 20, 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 June 6, 2023.
MOTION BY VICE-CHAIR PRADETTO, SECOND BY COMMISSIONER HOLT,
CARRIED 3-0 (GREENWOOD ABSENT AND GREGORY ABSTAINED), to approve the
Planning Commission Regular Meeting minutes of June 6, 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 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
Associate Planner Nickerson narrated a PowerPoint presentation on this item and
responded to questions from the Planning Commission.
Chair DeLuna opened the Public Hearing.
Scott Palermo, the applicant, noted that they would not have luxury auctions and spoke
briefly about their business.
There being no others desiring to speak, the Public Hearing was closed.
MOTION BY COMMISSIONER GREGORY, SECOND BY VICE-CHAIR PRADETTO,
CARRIED 4-0 (GREENWOOD ABSENT), approving Planning Commission Resolution
No. 2834:
1. Adopting a Notice of Exemption for a Class 1 Categorical Exemption in accordance
with CEQA Guidelines Section 15301.
Planning Commission Minutes June 20, 2023
City of Palm Desert Page 3
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
None.
B. COMMITTEE MEETING UPDATES
1. Cultural Arts Committee
None.
2. Parks and Recreation Commission
a. Presentation of Conceptual Design for North Palm Desert Community Park
Community Services Manager Muir reported that City staff has been working with
Interwest to design a park near the Millennium development and introduced
Gianno Feoli.
Gianno Feoli, the Interwest consultant, provided a PowerPoint presentation on the
scope, process, preliminary conceptual design, and the next steps of the
community park.
Following the presentation, the Commission provided comments and concerns
with the design and materials proposed for the park.
C. PLANNING COMMISSIONERS
Upon a consensus, the Planning Commission requested that Planning staff research
existing office uses along the El Paseo corridor and provide a report at a future meeting.
D. CITY STAFF
None.
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 8:36 p.m.
Planning Commission Minutes June 20, 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 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: July 18, 2023
PREPARED BY: Nick Melloni, Principal Planner
REQUEST: CONSIDERATION OF A REQUEST TO APPROVE A ONE-YEAR TIME
EXTENSION FOR TENTATIVE PARCEL MAP 37234 TO SUBDIVIDE A 32-
ACRE AREA INTO FOUR (4) PARCELS AT THE SOUTHEAST CORNER OF
MONTEREY AVENUE AND DICK KELLY DRIVE
RECOMMENDATION:
Waive further reading and adopt Planning Commission Resolution No. 2835 to:
1. Conduct a public hearing and receive public testimony.
2. Grant the extension of time to extend the project approval until September 12, 2024.
BACKGROUND/ANALYSIS:
On March 12, 2020, the Palm Desert City Council Adopted Resolution No. 2020-17, which approved
the MCP Specific Plan and Tentative Parcel Map (TPM 37234). The MCP Specific Plan and TPM 37234
regulate the development of a 32-acre area of land comprised of two existing parcels located at the
southeast corner of Monterey Avenue and Dick Kelly Avenue. The original life of the tentative map was
24 months.
On April 19, 2022, the Palm Desert Planning Commission, by Minute Motion, granted an 18-month
extension of time for TPM 37234 until September 12, 2023. The current extension request is the second
overall extension request.
As of the date of this extension, there is a pending request for entitlement to develop a 394-unit
apartment development (Planning Case No. PP23-0005) on Lot No. 3 and Lot No. 4 of the tentative
map.
TABLE 1 – MCP Specific Plan Parcel Overview
Lot
Number
Lot Area
(Acres)
MCP Specific Planning
Area (PA) General Use
1 7.37 PA 1 – Commercial Commercial Center
2 7.37 PA 2 – Commercial Commercial Center
3 6.0 PA 2 – Residential Residential (22 dwellings per acre)
4 11.44 PA 2 – Residential Residential (22 dwellings per acre)
Extension of Time:
Palm Desert Municipal Code (PDMC) Section 26.20.140 Extensions of Time allows the Planning
Commission to grant tentative maps an extension of time for up to 18 months to file the final map.
After the first extension is granted, the Planning Commission may grant an additional extension of
up to 12 months pursuant to PDMC Section 26.20.145. The Planning Commission has granted an
initial 18-month time extension for the tentative map; however, it is still eligible for a 12-month extension.
Granting the request will extend the tentative map until September 12, 2024.
City of Palm Desert
Case No. TPM 37234 Extension of Time No. 2
Page 2 of 2
The applicant has filed a timely request to extend the tentative map. Additional time is needed for the
applicant to record the final map. Additionally, the applicant is also under contract with a developer with a
pending entitlement application to develop a multifamily apartment project on Parcels 3 and 4 of the map.
Public Input:
Public Notification
Public noticing was conducted for the July 18, 2023, Planning Commission meeting per 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 before the hearing date in The Desert Sun newspaper. Notices were
mailed to all property owners within 1,000 feet of the project site. No comments have been received as of
the date of this report.
Environmental Assessment/Environment Review:
Pursuant to CEQA and the State CEQA Guidelines, the project was found to be exempt from further
environmental review per Section 15061(b)(3) (General Rule exemption). The project is an extension of
time and will have no direct foreseeable impacts on the environment.
The original Specific Plan and tentative map were evaluated for environmental impacts and a Mitigated
Negative Declaration was adopted per CEQA requirements.
Findings of Approval:
Findings can be made in support of the project under the City’s Municipal Code. Findings in support of this
project are contained in Planning Commission Resolution No. 2835, attached to this staff report.
REVIEWED BY:
Department Director: Richard D. Cannone, AICP
Principal Planner: Nick Melloni
ATTACHMENTS:
1. Draft Planning Commission Resolution No. 2835
2. Public Hearing Notice
3. Time Extension Request Letter
4. For Reference Only: Parcel Map
PLANNING COMMISSION RESOLUTION NO. 2835
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FOR
TENTATIVE PARCEL MAP 37234 UNTIL SEPTEMBER 14, 2024
CASE NO. TPM 37234 Extension of Time No. 2
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day
of March 2020, adopt Resolution No. 2020-17, adopting a Mitigated Negative Declaration of
Environmental Impact pursuant to the California Environmental Quality Act (CEQA, and
approving the MCP Specific Plan and Tentative Parcel Map 37234 (TPM 37234) to subdivide
32 acres located at the southeast corner of Monterey Avenue and Dick Kelly Drive into four
(4) parcels; and
WHEREAS, the original resolution for the tentative map established a 24-month life
and was set to expire on March 24, 2022; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of April 2023 grant an 18-month time extension of time for TPM 37234 until
September 12, 2023; and
WHEREAS, a timely request was filed by Chambers Development, the authorized
representative for the property owner, MCL Palm Desert GST, for a one-year time extension
of TPM 37234; and
WHEREAS, the original findings and Conditions of Approval in the entirety for
Planning Case Nos. SP 16-342 and TPM 37234 as stated in City Resolution No. 2020-17 are
still applicable to the project and incorporated herein by reference; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of July 2023, hold a duly noticed public hearing to consider the request by the
property owner for approval of the above-noted extension of time 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; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; and
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. 2835
2
SECTION 2. Project Approval. The Planning Commission approves a one-year time
extension for Planning Case No. TPM 37234 from September 12, 2023, to September 12,
2024, subject to the Conditions of Approval attached hereto as Exhibit “A.”
ADOPTED ON July 18, 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. 2835 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 July 18, 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 July ____, 2023.
RICHARD D. CANNONE, AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2835
3
EXHIBIT A
CONDITIONS OF APPROVAL
CASE NOS. TPM 37234 EXTENSION OF TIME NO. 1
PLANNING DIVISION:
1. 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 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.
2. The Applicant shall comply with the Conditions of Approval of the previously approved
Planning Case No. TPM 37234, per City Council Resolution No. 2020-17, attached
hereto as Exhibit “B” in their entirety. The Conditions of Approval are still applicable and
valid and are incorporated herein by reference. The tentative map will expire on before
September 12, 2024.
END OF CONDITIONS OF APPROVAL
PLANNING COMMISSION RESOLUTION NO. 2835
4
EXHIBIT B
PLANNING COMMISSION RESOLUTION NO. 2835
5
PLANNING COMMISSION RESOLUTION NO. 2835
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PLANNING COMMISSION RESOLUTION NO. 2835
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PLANNING COMMISSION RESOLUTION NO. 2835
8
PLANNING COMMISSION RESOLUTION NO. 2835
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PLANNING COMMISSION RESOLUTION NO. 2835
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PLANNING COMMISSION RESOLUTION NO. 2835
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PLANNING COMMISSION RESOLUTION NO. 2835
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C I T Y O F P A L M D E S E R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
INFO@PALMDESERT.GOV
CITY OF PALM DESERT
PUBLIC HEARING NOTICE
CASE NO. TPM 37234
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
CHAMBERS DEVELOPMENT FOR THE ADOPTION OF A NOTICE OF EXEMPTION PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF AN EXTENSION OF
TIME FOR TENTATIVE PARCEL MAP (TPM) 37234 AT THE SOUTHEAST CORNER OF MONTEREY
AVENUE AND DICK KELLY DRIVE
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 project qualifies for exemption from further
CEQA review per CEQA Guidelines Section 15061(b)(3).
PROJECT LOCATION/DESCRIPTION:
PROJECT LOCATION: The southeast corner of Monterey Avenue and Dick Kelly Drive in the City of
Palm Desert, located in Riverside County. Assessor’s Parcel Nos. 694-130-016 and 694-130-021.
PROJECT DESCRIPTION: The request will extend the previously approved TPM by 12 months.
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 July 18, 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, Nick Melloni. 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:
Nick Melloni, Principal Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611, Extension 479
nmelloni@palmdesert.gov
PUBLISHED: THE DESERT SUN RICHARD D. CANNONE, AICP, SECRETARY
JULY 7, 2023 PALM DESERT PLANNING COMMISSION
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: July 18, 2023
PREPARED BY: Carlos Flores, Senior Planner
REQUEST: CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); AND
APPROVAL OF A CONDITIONAL USE PERMIT AND PRECISE PLAN TO
DEVELOP A 3,539-SQUARE-FOOT, SINGLE-STORY BUILDING WITHIN
THE PALM DESERT CIVIC CENTER CAMPUS LOCATED AT THE
NORTHEAST CORNER OF SAN PABLO AVENUE AND FRED WARING
DRIVE (ASSESSOR’S PARCEL NUMBER 622-250-014)
RECOMMENDATION:
Waive further reading and adopt Planning Commission Resolution No. 2836 to:
1. Conduct the public hearing and receive public testimony.
2. Adopt a Notice of Exemption for a Class 32 Categorical Exemption in accordance with CEQA
Guidelines Section 15332 as an Infill development.
3. Approve Conditional Use Permit (CUP) 23-0001 and Precise Plan (PP) 23-0001 for a 3,539-
square-foot (SF), single-story building located at the northeast corner of San Pablo Avenue
and Fred Waring Drive (Assessor’s Parcel Number 622-250-014).
ARCHITECTURAL REVIEW COMMISSION RECOMMENDATION (ARC):
On March 28, 2023, the Project was presented to the ARC for design review consideration.
After discussion of the plans, Commissioner McAuliffe, seconded by Commissioner Sanchez,
motioned to approve the Case in a 5-0 vote (Commissioner Vuksic abstaining), subject to the
following conditions of approval:
1. All plumbing venting shall be concealed by parapets to ensure the architectural roof
form remains clear of visible penetrations and roof drains.
The ARC condition has been added as Condition of Approval No. 29 of the attached
resolution.
EXECUTIVE SUMMARY:
The proposed project, generally known as Discover Palm Desert (Project), is a request by
Prest Vuksic Greenwood Architects (Applicant), on behalf of the City of Palm Desert, for
consideration of a CUP, PP, and Environmental Assessment (EA) to develop a new 3,539-
SF building at the Palm Desert Civic Center Campus (Campus). The building would be
located on a 0.49-acre area directly to the south of an existing City public skate park and east
of San Pablo Avenue within the Civic Center. The new building will operate as the “visitor
center” (Center) for the City of Palm Desert. The new Center will provide information services
regarding local events, attractions, and business, will have multi-use spaces for community
City of Palm Desert
Case Nos. PP/CUP/EA 23-0001 Discover Palm Desert
meetings, venues, and events, and may also accommodate a future café and bike repair
station onsite.
The Project requires the approval of three (3) entitlements, consisting of:
1. EA 23-0001: An environmental analysis is required for the proposed Project.
2. CUP 23-0001: The proposed event center land use requires the review and approval
of a CUP.
3. PP 23-0001: A PP approval is required for the review of the use, site, and structures
to ensure applicable design and development standards are implemented as intended.
The Project has been reviewed for full conformance with the applicable requirements of the
Palm Desert Zoning Ordinance and is consistent with the Palm Desert General Plan, as
conditioned. Staff recommends the Planning Commission (PC) make findings to approve
PP/CUP/EA 23-0001.
BACKGROUND/ANALYSIS
The City of Palm Desert has historically operated a Center at various locations throughout
the City. Since 1998, the Center operated at various lease locations on Highway 111, El
Paseo, and San Pablo Avenue, and since 2015 moved to its current location at Palm Desert
City Hall.
On January 10, 2019, the Palm Desert City Council (Council) held a study session to discuss
options for the operations of the Center and decided to explore the construction of a new
building in a new location. Council provided City staff direction that the Center provide multi-
use spaces and a connection to PD Link.
On May 26, 2022, Council held a study session to view drafts of the Project architecture and
was supportive of the proposed architecture and site design as presented.
a) Property Location: The Project site is a vacant 21,151-SF (0.49 acre) area within the
58.65-acre Campus. The site is adjacent to the existing public skate park to the north
and electrical vehicle (EV) charging stations. The site is developed with existing
Campus parking areas to the east and south and San Pablo Avenue to the west. The
perimeter of the site is landscaped with rows of southern live oak trees.
City of Palm Desert
Case Nos. PP/CUP/EA 23-0001 Discover Palm Desert
b) Current Adjacent Uses, General Plan and Zoning:
Table 1 – Adjacent Land Use and Designations
Existing Uses General Plan Zoning
Project Site Vacant Public
Facility/Institutional Public/Institutional (P)
North Civic Center Skate
Park
Public
Facility/Institutional Public/Institutional (P)
South Civic Center City
Hall
Public
Facility/Institutional Public/Institutional (P)
East Civic Center Park Public
Facility/Institutional Public/Institutional (P)
West Golf Driving Range Public
Facility/Institutional
Downtown Edge
(DE)/Public/Institutional (P)
Project Description:
The following entitlement applications were submitted for the Project:
• EA 23-0001: An environmental analysis was prepared pursuant to CEQA to support a
categorical exemption for a Class 32 exemption (Infill Development).
• CUP 23-0001: To allow the proposed general institution use for public gathering,
office, and recreation-oriented services.
• PP 23-0001: To develop a 3,539-SF building for Center operations and flexible use
space.
Per the Statement of Use prepared for the Project CUP, the Center will operate Monday
through Friday, 8:00 a.m. to 5:00 p.m., with the potential to operate on Saturday and Sunday.
It will be staffed by two (2) City employees. There is additional “flex space,” a multi-use space
that can be used for staging special events, community meetings, and/or as an operations
hub for City events such as concerts in the park. The CUP is conditioned to be consistent
with their statement of operations.
a) Site Plan and Access: The site plan (see Figure 1 on the next page) shows the
placement of the building within its parcel. The existing perimeter landscaping will
remain in place, and new sidewalk connections will be constructed to provide
pedestrian connections to PD Link located along San Pablo Avenue. The areas
immediately adjacent to the building will provide outdoor multi-use areas serving as
courtyards, with areas designated for potential public art or possible events. The site
plan also shows areas for two optional accessory buildings, which could be for future
kiosks such as a bike repair shop or a pop-up café. As conditioned, these optional
buildings would be reviewed via a building permit by City staff to determine
consistency with this site plan.
Potential locations for future public art are shown on Sheet A101 of the Project plan
set. As conditioned, the final placement of those art pieces and future art will be subject
to review by the Public Art Division and Cultural Arts committee.
The site plan also shows new carport spaces located adjacent to the existing skate
park to provide future solar in accordance with State requirements. Vehicular access
City of Palm Desert
Case Nos. PP/CUP/EA 23-0001 Discover Palm Desert
to the site is provided by two (2) existing driveways and drive aisles along San Pablo
Avenue. No modifications are proposed to existing parking areas except for the
addition of two (2) accessible parking spaces near the proposed structure.
Figure 1- Proposed Site Plan (Sheet A102)
b) Architecture and Screening: The Project architecture is characterized as desert
contemporary, with elements of midcentury modern design, including long horizontal
forms, low-pitch roofs, long overhangs, and large floor-to-ceiling windows. The exterior
material palette consists of Venetian plaster, metal veneers, laser-cut back-lit metal
panels, standing seam metal roof, and perforated corrugation metal for fencing. Wood
veneer will be placed on the underside of the roof structure.
City of Palm Desert
Case Nos. PP/CUP/EA 23-0001 Discover Palm Desert
Figure 2 – Proposed Building Elevations (Sheet A312)
The future optional kiosk may be constructed from re-purposed shipping containers
and will be reviewed by the City’s Development Services Department, including the
Building and Safety Division, for final approval.
Table 2 outlines the area breakdown for uses of the structure.
Table 2 – Floor Area Breakdown
Floor Area Use Square Feet
Storage/Support 647.30
Visitor Center 504.10
Electrical/Mechanical 231.90
Restrooms 446.50
Visitor Center Support 512.30
Gallery 1,197.30
Total Square-Footage 3,539.40
c) Landscaping: The proposed landscape for the site consists of a mix of desert-
appropriate live plantings, including shrubs along the site perimeter and curb-adjacent
street trees, as shown in Figure 3 on the next page. Two of the existing southern live
oaks located on the east side of the structure will be removed in conjunction with the
Project. The remaining seven (7) oaks will be preserved in place. No new trees are
proposed for the Project as it will incorporate all existing trees on the site, including
four (4) date palms.
Shrubs: Desert Milkweed, Desert Marigold, Blond Ambition Blue grama, Silvery
Cassia, Grasy Hesperaloe, Slipper, Autumn Sage
Accents: Century Plant, Parry’s Agave, Queen Victoria Agave, Blue Glow Agave,
Soap Aloe, Grey Desert Spoon, Golden Barrel Cactus, Resin Spurge, Ocotillo, Santa
Rita Pricklypear, Cardon, and Beaked Yucca
All shrubs and plants will be a minimum five-gallon (5) size at the time of planting.
Copper Canyon ground cover will be installed within the landscaped area.
City of Palm Desert
Case Nos. PP/CUP/EA 23-0001 Discover Palm Desert
Figure 4 – Proposed Landscaping (Sheet L-5.00)
d) Site Lighting: Exterior site lighting will include a combination of pole-mounted lot
lighting and decorative landscaping lighting. Exterior building and pole lighting fixtures
are proposed to be directed downward and fully shielded to prevent and reduce glare
and light trespass. Landscaping lighting will be low intensity and decorative in nature
and consist of ground-mounted up lighting.
Analysis:
a) Development Standards: The Project site is zoned Public Institution (P). The
proposed use is a general institution with event space with ancillary commercial use
and requires the approval of a CUP. New development requires the approval of a
precise plan by the Palm Desert Planning Commission in accordance with Palm
Desert Municipal Code (PDMC) Section 25.72.030. Development in the P Zoning
District is subject to the development standards provided under Table 25.22-2 within
Section 25.22.040 of the PDMC. Table 3 below summarizes the Project’s
conformance analysis for the new additions.
Table 3 – Project Development Standard Conformance
Standard P Zone Project Conforms
Lot Area (min) None N/A N/A
Yard Requirements None 7’-3” West
Setback Yes
Building height (max 35’-0” 27’-6” Yes
Parking 14 Spaces ~1,100 spaces Yes
b) Parking: The Project is required to provide parking at a minimum ratio of four (4)
parking spaces per 1,000 SF of building area, in accordance with PDMC Section
25.46.040. The Project will not add any additional parking spaces; however, it will
reconfigure existing spaces to provide two (2) accessible parking spaces. The building
will have access to the approximately 1,100 spaces available at the Campus. The
City of Palm Desert
Case Nos. PP/CUP/EA 23-0001 Discover Palm Desert
portions of the parking area adjacent to the visitor center are not typically occupied
during regular City Hall operational hours of 8:00 a.m. to 5:00 p.m. Special events and
programming held at the Center will require approval from City staff and will look at
parking on an event-specific basis.
Public Input:
Public Notification
Public noticing was conducted for the July 18, 2023, PC meeting per the requirements of
PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing
notice was published on Friday, July 7, 2023, in The Desert Sun newspaper. Notices were
mailed to all property owners within 1,000 feet of the Project site. No comments were received
by the public as of July 14, 2023.
Environmental Assessment (EA 23-0001)/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 15332 Infill Development
(Class 32) of the State CEQA guidelines. Class 32 consists of projects characterized as infill
development meeting the following conditions:
a) The Project is consistent with the applicable General Plan designation and all
applicable General Plan policies as well as with applicable zoning designation and
regulations. The proposed general institution use is consistent with the Public
Facility/Institutional General Plan land use designation and the Public Institution
zoning designation. The Project does not conflict with General Plan policies and meets
all regulations of the PDMC.
b) The proposed development occurs within the city limits on a Project site of no more
than five (5) acres substantially surrounded by urban uses. The Project site is a 0.49-
acre site within the City of Palm Desert.
c) The Project site has no value as a habitat for endangered, rare, or threatened species.
d) Approval of the Project would not result in any significant effects relating to traffic,
noise, air quality, or water quality.
e) The site can be adequately served by all required utilities and public services.
Findings of Approval:
Findings can be made in support of the Project under the PDMC. Findings in support of this
Project are contained in the draft Planning Commission Resolution No. 2836, attached to this
staff report.
REVIEWED BY:
Department Director: Richard D. Cannone, AICP
Principal Planner: Nick Melloni
City of Palm Desert
Case Nos. PP/CUP/EA 23-0001 Discover Palm Desert
ATTACHMENTS:
1. Draft Planning Commission Resolution No. 2836
2. Public Hearing Notice
3. CEQA Notice of Exemption
4. Architecture Review Notice of Action and Minutes
5. Statement of Use
6. Project Plans
PLANNING COMMISSION RESOLUTION NO. 2836
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
APPROVING A CONDITIONAL USE PERMIT AND PRECISE PLAN TO
DEVELOP A 3,539-SQUARE-FOOT, SINGLE-STORY BUILDING WITHIN
THE PALM DESERT CIVIC CENTER CAMPUS LOCATED AT THE
NORTHEAST CORNER OF SAN PABLO AVENUE AND FRED WARING
DRIVE (ASSESSOR’S PARCEL NUMBER 622-250-014)
CASE NOS. EA23-0001/CUP23-0001/PP23-0001
WHEREAS, Prest Vuksic Greenwood Architects (“Applicant”), on behalf of the City of
Palm Desert, submitted applications for an Environmental Assessment (EA), Conditional Use
Permit (CUP), and Precise Plan (PP) for a 3,539-square-foot, single-story building to use as
the City’s new visitors center (“Project”) located on a 0.49-acre Project site at the northeast
corner of San Pablo Avenue and Fred Waring Drive; and
WHEREAS, the Project site has a land use designation of Public Facility/Institutional
in the Palm Desert General Plan adopted on November 10, 2016, and a zoning designation
of Public Institution (P); and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the
State California Environmental Quality Act (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 Project; and
WHEREAS, the Architectural Review Commission (ARC) of the City of Palm Desert,
California, did on the 28th day of March 2023, approve a design review for the Project, subject
to a condition; and
WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for
Implementation of CEQA (State CEQA Guidelines) and the City of Palm Desert CEQA
Implementation Requirements, the City of Palm Desert Development Services Department
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 15332 Infill Development (Class
32) of the CEQA Guidelines; therefore, no further environmental review is necessary; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of July 2023, hold a duly noticed public hearing to consider the request by the
Applicant for approval of the above-noted Project request; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the Planning Commission
did find the following facts and reasons, which are outlined in the staff report, exist to justify
approval of said request:
PLANNING COMMISSION RESOLUTION NO. 2836
2
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.
SECTION 2. Findings on Conditional Use Permit. In recommending approval of this
Project, the Planning Commission, and under Palm Desert Municipal Code (PDMC) Section
25.72.050(F), the following findings are required before granting a CUP:
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 purpose and intent of the Public Institution district is to provide for the orderly
establishment of public facilities, expansion of their operations, and for the orderly
establishment of quasi-public institutional uses that are compatible with and support
surrounding land uses. The proposed Project establishes a new public visitor center
to help continue and expand the existing City of Palm Desert visitor center operations,
to provide informational services regarding local events, attractions, and businesses.
The visitor center will also have multi-use spaces for community meetings, venues,
and events. It is within the existing Civic Center campus, surrounded by existing
compatible public uses such as City Hall and the skate park.
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 use, as conditioned, has been reviewed to not be detrimental to the
public health, safety, or welfare, or be materially injurious to properties in the vicinity.
The Project site design has been reviewed to ensure the protection of the public
health, safety, and general welfare. The use is not one as such that will be detrimental
to public health and will be continuously reviewed and operated by City staff to ensure
continuous compliance and safety.
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 development conforms with all applicable standards of the Palm Desert
Municipal Code, including all standards of the Public Institution zoning designation.
No variances or adjustments are proposed for this development. The Project conforms
with all development standards, including building height and parking.
4. That the proposed conditional use complies with the goals, objectives, and policies of
the City’s General Plan.
The proposed use complies and is consistent with the site’s General Plan land use
designation of Public Facility/Institutional. The Project will expand the operations of a
PLANNING COMMISSION RESOLUTION NO. 2836
3
visitor center and continue as a public facility. The following General Plan Policies are
achieved with this Project:
Land Use Policy 2.7 – The Project will provide an additional, comfortable, and inviting
public gathering space.
Land Use Policy 4.10 – The Project provides a civic building with distinctive
architectural characteristics.
SECTION 3. CEQA Determination. The Planning Commission finds the Project is
exempt from CEQA pursuant to Section 15332 Infill Development (Class 32) of the State
CEQA guidelines. Class 32 consists of projects characterized as infill development meeting
the following conditions:
a) The Project is consistent with the applicable General Plan designation and all
applicable General Plan policies, as well as with applicable zoning designation and
regulations. The proposed general institution use is consistent with the Public
Facility/Institutional General Plan land use designation and the Public Institution
zoning designation. The Project does not conflict with General Plan policies and
meets all regulations of the PDMC.
b) The proposed development occurs within city limits on a Project site of no more
than five (5) acres substantially surrounded by urban uses. The Project site is a
0.49-acre site within the City of Palm Desert.
c) The Project site has no value as a habitat for endangered, rare, or threatened
species.
d) Approval of the Project would not result in any significant effects relating to traffic,
noise, air quality, or water quality.
e) The site can be adequately served by all required utilities and public services.
SECTION 4. Project Recommendations. The Planning Commission hereby approves
CUP23-0001 and PP23-0001, subject to the findings and Conditions of Approval attached
herein as Exhibit A.
SECTION 5. 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 6. 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.
SECTION 7. 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. 2836
4
ADOPTED ON July 18, 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. 2836 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 July 18, 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 July , 2023.
RICHARD D. CANNONE, AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2836
5
EXHIBIT “A”
CONDITIONS OF APPROVAL
CASE NOS. CUP/PP/EA23-0001
PLANNING DIVISION:
1. The development of the property shall conform substantially with exhibits on file with the
Development Services Department, except as modified by the following conditions. Any
variation from the approved plans must be reviewed and approved by the Planning
Division prior to the building permit issuance and may require review and approval by the
Architectural Review Commission, Planning Commission, and/or City Council.
2. 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.
3. The PP and CUP shall expire if construction of the said Project shall not commence
within 24 months 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.
4. The PP approval is for a new 3,539-square-foot building at the Palm Desert Civic Center
located on a 0.5-acre area. The new building will operate as the “visitor center” for the
City of Palm Desert and provide informational services regarding local events,
attractions, and businesses and have multi-use space for hosting community meetings
and venues.
5. The approved PP shall only be modified with written City approval per PDMC Chapter
25.72.030. Any proposed changes to this PP will require an amendment to the
application, which may result in a new public hearing.
6. The approved CUP shall only be modified per the guidelines outlined in PDMC Chapter
25.72.050(I).
7. All construction documentation shall be coordinated for consistency, including, but not
limited to, architectural, structural, mechanical, electrical, plumbing, landscape and
irrigation, grading, and street improvement plans. All such plans shall be consistent with
the approved entitlement plans on file with the Development Services Department.
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:
Coachella Valley Water District (CVWD)
City of Palm Desert Public Works Department
Riverside County Fire Department
PLANNING COMMISSION RESOLUTION NO. 2836
6
City of Palm Desert Land Development Division
City of Palm Desert Planning Division
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. This Project is subject to the Art in Public Places requirements in Chapter 4.10 of the
PDMC.
10. The Project has identified locations for future public art. Installation of any public art on
the Project site shall be subject to review by the Palm Desert Cultural Arts Committee.
This includes any proposed murals, sculptures, or future public art pieces on the outside
of the building.
11. Final lighting plans shall be submitted per PDMC Section 24.16 for any landscape,
architectural, street, or other lighting types within the Project area.
All exterior lighting sources shall be fully shielded and directed downwards and is subject
to approval by the Development Services Department. Luminaries with total lamp lumens
above 16,000 lumens shall not be used. Prior to the building permit issuance, the
Applicant shall submit plans for outdoor lighting as required by PDMC Section 24.16.030
and include glare ratings and color temperature for all exterior light fixtures.
12. Prior to the building permit issuance, the Applicant shall submit a landscape construction
application for approval by the Development Services Department and Coachella Valley
Water District. Final landscape and irrigation documents shall be prepared by a
landscape architect registered with the State of California and shall be submitted to the
Development Services Department and the CVWD for review and approval. All sheets
shall be signed by the landscape architect and shall include the license number and the
expiration date. The landscape plan shall conform to the preliminary landscape plans
prepared as part of this application and shall include dense plantings of live landscape
material. All plants shall be a minimum of five (5) gallons in size, and all trees shall be a
minimum 24-inch box in size.
A. The Applicant shall submit final landscape construction plans to the Palm Desert
Development Services Department for review and acceptance prior to submittal to
CVWD.
13. All Project irrigation systems shall function properly, and landscaping shall be maintained
in a healthy and thriving condition. The maintenance of landscaping and the irrigation
system shall be permanently provided for all areas of the Project site, as well as walkways
and the portion of public right-of-way abutting the Project site (parkways). Furthermore,
the plans shall identify responsibility for the continued maintenance.
PLANNING COMMISSION RESOLUTION NO. 2836
7
14. Prior to the issuance of the Certificate of Occupancy, the Project landscape architect shall
submit written certification to the Public Works Department or Planning Division that the
landscaping and irrigation have been installed per the approved landscape plan.
15. All exterior ground-mounted and rooftop equipment and all appurtenances thereto shall
be completely screened from public view by walls or roof screens that are architecturally
treated to be consistent with the building. The final construction plans shall include
appropriate drawings demonstrating how such equipment is to be screened from view.
16. All roof drainage systems and devices shall be designed such that they are fully screened
from view from all public streets. Drainage devices, including but not limited to down-
spouts, shall not be located on any street-facing building elevation or area that is clearly
visible from the public right-of-way. Drainage devices shall be fully integrated into the
building structure and located within the exterior walls of the structure.
17. All ground-mounted utility structures including, but not limited to, transformers, HVAC
equipment, and backflow prevention valves shall be located out of view from any public
street or adequately screened using landscaping and/or permanent screening devices.
18. Exterior building elevations showing building wall materials, roof types, exterior colors,
and appropriate vertical dimensions shall be included in the development construction
drawings.
19. All roof access ladders shall be located on the inside of the building and shall be fully
screened by rooftop parapets.
20. The Applicant shall provide a minimum of two (2) accessible parking spaces near the
proposed structure. Parking stalls shall meet all parking space requirements of the City
of Palm Desert, State of California, and Americans with Disability Act (ADA).
21. The Applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
22. A copy of the herein-listed Conditions of Approval shall be included in the construction
documentation package for the Project, which shall be continuously maintained on-site
during Project construction.
23. Exterior signage shall comply with Chapter 25.56 of the PDMC.
24. Prior to a permit issuance, the Applicant shall submit plans for the final design of all site
fences and walls subject to review and approval by the Palm Desert Development
Services Department. The design of the walls shall be consistent with the height,
material, and design on the approved conceptual site plan dated June 9, 2023. This
includes the proposed screening fence attached to the existing skate park fence.
25. Future modifications to site walls or fences shall require approval by the Director of
Development Services. The use of barbed wire, razor wire, and spiked pickets for fencing
is prohibited.
PLANNING COMMISSION RESOLUTION NO. 2836
8
26. The Applicant shall construct the pedestrian circulation network as shown on the
approved preliminary site plan and provide pedestrian access points adjacent to all
vehicular driveways as shown on the approved preliminary site plan.
27. The Applicant shall comply with the recommendations made by the City’s Architectural
Review Commission (ARC), as referenced in the April 10, 2023, Notice of Action which
includes the following condition: All plumbing venting shall be concealed by parapets to
ensure the architectural roof form remains clear of visible penetrations and roof drains.
28. Per the approved CUP Statement of Use, the Project may have special events. Any
special event at the site shall require prior approval from the City of Palm Desert.
29. The Project proposes two (2) optional future buildings on the northwest and northeast
corners of the Project site, as identified on Sheet A102 of the enlarged site plan dated
June 9, 2023. Future building(s) proposed here may be permanent or temporary in
nature, and their design and use shall be reviewed via building permit(s) by the City’s
Development Services Department for consistency with said site plan and all other
components of this PP and CUP. These future building(s) will also require approval from
the City’s Building and Safety Division, Land Development Division, Riverside County
Fire Department, and Riverside County Health Department.
30. Prior to building permit issuance, the Applicant shall provide permanent screening of the
ground-mounted equipment located near the north edge of the building as shown on
Sheet A100 – Overall Site Plan dated June 9, 2023. The screening shall be architecturally
compatible with the primary building and shall be a sufficient height to fully screen the
equipment from the view of adjacent civic center campus areas and streets.
31. Coordination with Burrtec Waste shall occur prior to any proposed event or large
gathering for trash pickup schedule, location, and plan.
LAND DEVELOPMENT DIVISION/PUBLIC WORKS DEPARTMENT:
32. The following plans, studies, and exhibits are hereby referenced: Preliminary Grading
Plan Discover Palm Desert, prepared by The Altum Group, May 2023.
33. It is assumed that easements shown on the preliminary grading exhibit are shown
correctly and include all the easements that encumber the subject property. A current
preliminary title report for the site will be required to be submitted during the technical
plan review. The Applicant shall secure approval from all, if any, easement holders for
all grading and improvements, which are proposed over the respective easement or
provide evidence that the easement has been relocated, quitclaimed, vacated,
abandoned, easement holder cannot be found, or is otherwise of no effect. Should such
approvals or alternate actions regarding the easements not be provided and approved
by the City, the Applicant may be required to amend or revise the proposed site
configuration as may be necessary.
PLANNING COMMISSION RESOLUTION NO. 2836
9
34. It is understood that the conceptual exhibits correctly show acceptable centerline
elevations, all existing easements, traveled ways, and drainage courses with
appropriate Qs and that the omission or unacceptability may require that the Applicant
amend or revise the site plan as may be.
35. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20
Stormwater Management and Discharge Ordinance.
36. All utility extensions within the site shall be placed underground unless otherwise
specified or allowed by the respective utility purveyor.
37. Prior to a grading permit, the Applicant shall prepare a final grading plan for the site. No
grading or other improvements shall be permitted until a final grading plan has been
approved by the City Engineer. Grading plans and all grading shall conform to the
approved Conceptual Grading Plan, the California Building Code, Palm Desert
Municipal Code Title 27 Grading, and all other relevant laws, rules, and regulations
governing grading in the City of Palm Desert.
38. The grading plan shall provide for acceptance and proper disposal of all off-site drainage
flowing onto or through the site. Should the quantities exceed the street capacity, the
Applicant shall provide adequate drainage facilities and/or appropriate easements as
approved by the City Engineer.
39. Pad elevations, as shown on the conceptual exhibit, are subject to review and
modification per Chapter 27 of the PDMC.
40. Prior to approval of the grading plan, the Applicant shall prepare a detailed final flood
hazard/hydrology and hydraulics report for approval of the City Engineer. The report
shall encompass the entire Project area and comply with all relevant laws, rules, and
regulations governing the City of Palm Desert.
41. All drainage and storm drain improvements shall be designed per PDMC Title 24,
Riverside County Flood Control and Water Conservation District’s standards for the
Drainage Element of the Palm Desert General Plan, and all other relevant laws, rules,
and regulations governing grading in the City of Palm Desert.
42. Prior to approval of the grading plans, the Applicant shall provide the City Engineer with
evidence that a Notice of Intent (NOI) has been filed with the State Water Resources
Control Board. Such evidence shall consist of a copy of the NOI stamped by the State
Water Resources Control Board or the Regional Water Quality Control Board or a letter
from either agency stating that the NOI has been filed.
43. Prior to the issuance of a grading permit, the Applicant shall submit a PM10 application
for review and approval. The Applicant shall comply with all provisions of PDMC Section
24.12 regarding Fugitive Dust Control.
44. Where grading involves import or export, the Applicant shall obtain permits, from the
Public Works Department, including import/export quantities and hauling route.
PLANNING COMMISSION RESOLUTION NO. 2836
10
45. Prior to a grading permit, it shall be the sole responsibility of the Applicant to obtain any
and all proposed or required easements and/or permissions necessary (if any) to
perform the grading shown on the grading plan exhibit. Proof shall be provided to the
Land Development Division prior to the issuance of a grading permit.
46. It is assumed that the grading and the provisions for stormwater mitigation shown on
the conceptual grading exhibit and report can comply with all requirements of the City
of Palm without substantial change from that shown. Prior to approval of the grading
plan for the PP, a final stormwater mitigation plan shall be submitted for review and
approval by the City Engineer. The plan shall incorporate and optimize the use of best
management practices (BMPs) for the development.
47. All post-construction BMPs shall be designed based on the City of Palm Desert’s
maximum infiltration criteria of one (1) inch/hour.
48. Prior to the issuance of a grading permit for the PP, the Applicant shall submit for review
and approval of the City Engineer a final Geotechnical Report that includes project-
specific recommendations.
49. Prior to the issuance of a precise grading permit, the Applicant shall submit grading and
improvement plans for onsite improvements for review and approval of the City
Engineer.
50. Prior to the issuance of a precise grading permit, the signing and striping plans shall be
submitted as a separate set of plans from the street improvement plans and precise
grading plans for review and approval of the City Engineer. Signing and striping plans
shall show existing improvements and proposed modifications including, but not limited
to, bike lanes, travel lanes, existing and proposed traffic signs, accessible parking stalls,
accessible path of travel, etc. All signing and striping shall follow the California Highway
Design Manual (CA HDM) and California Manual of Uniform Traffic Control Devices (CA
MUTCD) design guidelines and standards and must be signed by a licensed Civil
Engineer or Traffic Engineer (PE/TE).
51. Prior to the precise grading plan approval, the Applicant shall provide a Pedestrian
Accessibility Route Plan that labels and indicates the path location and conceptual
design of the following structures and facilities:
A. Sidewalks and walks (public right-of-way sidewalk, walks within the
development.
B. Directional curb ramps.
C. Vehicular crossings (at driveways) shall meet state and federal requirements.
The Pedestrian Accessibility Route Plan shall clearly indicate structures that are
proposed with the development and future per other phases and/or site plans.
Pedestrian facilities (privately or publicly owned) that are open to the public shall
comply with accessibility standards in the California Building Code (current) and
Americans with Disability Act (ADA) regulations.
PLANNING COMMISSION RESOLUTION NO. 2836
11
52. Existing pedestrian facilities along San Pablo Avenue at the Project frontage shall be
evaluated for accessibility. The street frontage includes all adjacent pedestrian, bicycle,
and golf cart facilities created by or connected to frontage improvements. The frontage
may include sidewalks, curb ramps.
53. The following existing improvements shall be made in accordance with accessibility
regulations as:
A. Sidewalks/walks
B. Shared-use paths/multi-purpose paths.
C. Curb ramps
D. Driveway approaches crossings
E. Parking spaces
54. Improvements that are non-compliant with the accessibility standards in effect at the
time of construction or alteration, shall be brought up to current accessibility standards.
This work shall be incorporated into the scope of this Project and shall be completed
prior to acceptance by the City.
55. Improvements that are compliant with the accessibility standards in effect at the time of
construction shall be documented on a separate construction plan with detailed
specifications (running and cross slopes of all pedestrian walking surfaces, locations
and dimensions and slopes of maneuvering spaces and landings, width of sidewalk,
width, and vertical clearance from obstructions). The accessibility of existing
improvements will be verified by City inspection staff upon completion of the project.
Discrepancies between documented existing conditions and existing conditions as
measured by City staff shall be remedied and brought up to accessibility standards as
part of the Project.
56. Prior to the start of grading activities, the Applicant shall install all erosion and dust
control mechanisms for the site as approved by the City.
57. Upon completion of grading work, the Project’s Geotechnical Engineer shall certify to
the completion of grading in conformance with the approved grading plans and the
recommendations of the geotechnical report approved for this Project. A licensed land
surveyor shall certify to the completion of grading in conformance with the lines and
grades shown on the approved grading plans.
58. Prior to the start of work within the public right-of-way, the Applicant shall obtain an
encroachment permit from the Public Works Department.
59. Prior to the building final inspection, the Applicant is responsible for the completion of
construction of all grading and improvements for which plans are required.
PLANNING COMMISSION RESOLUTION NO. 2836
12
BUILDING AND SAFETY DIVISION:
60. This Project shall comply with the latest adopted edition of the following codes:
A. California Building Code and its appendices and standards.
B. California Commercial Code and its appendices and standards.
C. California Plumbing Code and its appendices and standards.
D. California Mechanical Code and its appendices and standards.
E. California Electrical Code.
F. California Energy Code.
G. California Green Building Standards Code.
H. Title 24, California Code of Regulations.
I. California Fire Code and its appendices and standards.
61. Upon formal submittal, provide a detailed summary of occupancies per building and/or
areas of the Visitor Center (Center/Reception Area, Support areas, storage, etc.) and
Gallery.
62. The accessibility provisions of CBC Chapter 11B apply to this Project. Please
demonstrate and identify existing and new compliance of parking (both standard and
EV accessible), paths of travel, restrooms, kitchen, breaks areas, etc.
63. 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
64. All trash enclosures are required to be accessible. Provide an accessible path of travel
to the trash enclosure. Trash enclosures shall comply with the minimum requirements
established by Section 8.12 of the PDMC.
65. All contractors and subcontractors shall have a current City of Palm Desert Business
License before permit issuance per PDMC, Title 5.
66. 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.
67. 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
PLANNING COMMISSION RESOLUTION NO. 2836
13
Applicant may request a copy of Ordinance 1351 or PDMC Section 15.28 from the
Building and Safety Division counter staff.
FIRE DEPARTMENT:
68. Fire Hydrants and Fire Flow: Prior to the issuance of building permits, plans for the water
system shall be submitted to the fire department for review and approval. The water
system shall be capable of delivering the required fire flow. Based on the application,
with a proposed building area of 3,539 square feet, construction type VB, protected with
a fire sprinkler system, the minimum required fire flow is 1,000 GPM. Fire hydrant
location and spacing shall comply with the fire code. Reference 2019 California Fire
Code (CFC) 507.5.1, 3312, Appendices B and C.
69. Fire Department Access: Prior to the building permit issuance, a fire access site plan
shall be approved. CFC 503.1.1, 3310.1 and 503.2.1
70. Construction Permits: Prior to the building permit issuance, building construction plans
shall be submitted to the Office of the Fire Marshal for review and approval. Additional
fire and life safety conditions may be determined during this review.
71. Fire Sprinkler System: All new commercial structures 3,000 square feet or larger shall
be protected with a fire sprinkler system. Reference CFC 903.2 as amended by the City
of Palm Desert.
72. Fire Alarm and Detection System: A water flow monitoring system and/or fire alarm
system may be required and will be determined at the time of building plan review.
Reference CFC 903.4, CFC 907.2 and NFPA 72.
73. Knox Box and Gate Access: Buildings shall be provided with a Knox Box installed in an
accessible location approved by the Office of the Fire Marshal. Reference CFC 506.1
74. Addressing: Street numbers with minimum of 12-inchhigh numbers, contrasting color
with the background, shall be displayed in a prominent location on the street side of the
premises. Reference CFC 505.1 and County of Riverside Office of the Fire Marshal
Standard No. 07-01
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. PP/CUP/EA23-0001
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 PVG ARCHITECTS, ON BEHALF OF THE CITY OF PALM
DESERT, FOR A CONDITIONAL USE PERMIT AND PRECISE PLAN TO DEVELOP A 3,539 SQUARE-
FOOT, SINGLE-STORY BUILDING WITHIN THE PALM DESERT CIVIC CENTER CAMPUS LOCATED AT
THE NORTHEAST CORNER OF SAN PABLO AVENUE AND FRED WARING DRIVE
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 15332 Infill Exemption (Class 32) 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: Northeast corner of San Pablo Avenue and Fred Waring Drive (APN 622-250-014).
PROJECT DESCRIPTION: The applicant proposes a Conditional Use Permit (CUP) and Precise Plan (PP)
to develop a 3,539-square-foot, single-story building within the Palm Desert Civic Center Campus to
operate as the visitor center for the City of Palm Desert.
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 July 18, 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, Carlos Flores. 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:
Carlos Flores, Senior Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611, Extension 478
cflores@palmdesert.gov
PUBLISH: THE DESERT SUN RICHARD D. CANNONE, AICP, SECRETARY
JULY 7, 2023 PALM DESERT PLANNING COMMISSION
Statutory Exemptions. State code number:
_______________________________________________
Print Form
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
ARCHITECTURAL REVIEW COMMISSION
NOTICE OF ACTION
April 10, 2023
Prest Vuksic Greenwood Architects
44530 San Pablo Avenue, Suite 200
Palm Desert, CA 92260
Subject: Consideration to approve a Design Review and a recommendation of approval to
the Planning Commission for a Precise Plan (PP) and Conditional Use Permit (CUP) to
develop a 3,539 square-foot, single-story building within the Palm Desert Civic Center
Campus located at the northeast corner of San Pablo Avenue and Fred Waring Drive
(Assessor’s Parcel Number 622-250-014).
The Architectural Review Commission of the City of Palm Desert considered your request and
took the following action at its meeting of March 28, 2023:
Following discussion, MOTION BY COMMISSIONER MCAULIFFE, SECOND BY
COMMISSIONER SANCHEZ, CARRIED 5-0 (CHAIR VUKSIC ABSENT); to approve
Case Nos. PP/CUP/EA23-0001 with the following condition:
1. All plumbing venting shall be concealed by parapets to ensure the architectural roof
form remains clear of visible penetrations and roof drains.
Any appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert
within 15 days of the date of the decision.
If you have any questions, please contact Principal Planner, Nick Melloni, at (760) 776-6479 or
nmelloni@palmdesert.gov.
Sincerely,
ROSIE LUA, SECRETARY
ARCHITECTURAL REVIEW COMMISSION
cc: File
City of Palm Desert Page 1
ARCHITECTURAL REVIEW COMMISSION
CITY OF PALM DESERT, CALIFORNIA
MINUTES
(HYBRID MEETING)
Pursuant to Assembly Bill 2449, this meeting will be a hybrid meeting with in-person public
access to the meeting location.
1. CALL TO ORDER
A Regular Meeting of the Architectural Review Commission (ARC) was called to order by
Chair Vuksic on Tuesday, March 28, 2023, at 12:30 p.m. in the Development Services
Conference Room, City Hall, located at 73510 Fred Waring Drive, Palm Desert, California.
2. ROLL CALL
Present: Commissioners Dean Wallace Colvard, Nicholas Latkovic, Michael McAuliffe, Vice
Chair Jim McIntosh, Francisco Sanchez, and Chair John Vuksic.
Absent: None
City Staff
Present: Richard Cannone, Director of Development Services; Rosie Lua, Deputy Director
of Development Services; Nick Melloni, Principal Planner; Audrey Nickerson,
Associate Planner II; Nikki Gomez, Assistant Planner; and Melinda Gonzalez,
Recording Secretary, were present at Roll Call.
3. NON-AGENDA PUBLIC COMMENT
Chair Vuksic opened and closed the non-agenda public comment period. No public comments
were provided.
4. CONSENT CALENDAR
Associated staff reports, memos, attachments, and discussion on the following items can be
viewed by visiting the Architectural Review Commission Information Center website at,
https://www.palmdesert.gov/our-city/committees-and-commissions/commission-information.
Chair Vuksic opened and closed the public comment period for the Consent Calendar. No
public comments were provided.
MOTION BY COMMISSIONER LATKOVIC, SECOND BY COMMISSIONER COLVARD,
CARRIED 6-0; to approve the consent calendar.
Tuesday
March 28, 2023
12:30 p.m.
Regular Meeting
Architectural Review Commission Minutes March 28, 2023
City of Palm Desert Page 2
A. APPROVAL OF MINUTES
MOTION BY COMMISSIONER LATKOVIC, SECOND BY COMMISSIONER COLVARD,
CARRIED 6-0; to approve the Architectural Review Commission Regular Meeting minutes
of March 14, 2023.
B. CASE NO: SARC23-0001
NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of a design review to
replace two (2) existing monument signs for the Hilton Grand Vacation Club located at 1
Willow Ridge.
APPLICANT AND ADDRESS: Signarama, Palm Desert, CA 92211
LOCATION: 1 Willow Ridge
ZONE: Planned Residential – 5 units per acre (P.R.-5)
MOTION BY COMMISSIONER LATKOVIC, SECOND BY COMMISSIONER COLVARD,
CARRIED 6-0; to approve Case No. SARC23-0001 as presented.
CONSENT ITEMS HELD OVER
None
5. ACTION CALENDAR
Associated staff reports, memos, attachments, and discussion on the following items can be
viewed by visiting the Architectural Review Commission Information Center website at,
https://www.palmdesert.gov/our-city/committees-and-commissions/commission-information.
A. FINAL DRAWINGS
1. CASE NO: MISC22-0020 (Continued from October 11, 2022)
NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a request
for a design review of a private sport court on a residential property located at 45710
Verba Santa Drive.
APPLICANT AND ADDRESS: Richard Leventhal, Palm Desert, CA 92260
LOCATION: 45710 Verba Santa Drive
ZONE: R-1, 20,000 (Single Family Residential)
Principal Planner, Nick Melloni, provided a summary of the case noting staff is
requesting a continuance of the item.
Richard Leventhal, Applicant, was present and provided a comment in favor of
approving the case.
Chair Vuksic opened the public comment period with no public comments provided.
Architectural Review Commission Minutes March 28, 2023
City of Palm Desert Page 3
Chair Vuksic continued the public comment period to the next regularly scheduled
ARC meeting on April 11, 2023.
MOTION BY COMMISSIONER LATKOVIC, SECOND BY VICE CHAIR MCINTOSH,
CARRIED 6-0; to continue the design review of the subject sports court until the next
regularly scheduled ARC meeting on April 11, 2023.
2. CASE NOS: PP/CUP/EA23-0001
NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a Design
Review and a recommendation of approval to the Planning Commission for a Precise
Plan (PP) and Conditional Use Permit (CUP) to develop a 3,539 square-foot, single-
story building within the Palm Desert Civic Center Campus located at the northeast
corner of San Pablo Avenue and Fred Waring Drive (Assessor’s Parcel Number 622-
250-014).
APPLICANT AND ADDRESS: Prest Vuksic Greenwood Architects, Palm Desert,
CA 92260
LOCATION: Northeast corner of San Pablo Avenue and Fred Waring Drive
(Assessor’s Parcel Number 622-250-014).
ZONE: Public Institution (P)
Chair Vuksic announced his recusal due to a conflict of interest as he is a member of
the architectural firm retained for this project and left the conference room.
Principal Planner, Nick Melloni, narrated a PowerPoint presentation on the item and
responded to Commission inquiries. Nicole Williams with Prest Vuksic Greenwood
Architects, Applicant, narrated a PowerPoint presentation providing additional details
on the project and answered questions from the Commission.
Vice Chair McIntosh opened and closed the public comment period. No public
comments were provided. Discussion on the item ensued with Commissioners
providing comments for the project.
Following discussion, MOTION BY COMMISSIONER MCAULIFFE, SECOND BY
COMMISSIONER SANCHEZ, CARRIED 5-0 (CHAIR VUKSIC ABSENT); to approve
Case Nos. PP/CUP/EA23-0001 with the following condition:
1. All plumbing venting shall be concealed by parapets to ensure the architectural
roof form remains clear of visible penetrations and roof drains.
Chair Vuksic rejoined the meeting.
6. NON-ACTION ITEMS
None
Architectural Review Commission Minutes March 28, 2023
City of Palm Desert Page 4
7. INFORMATIONAL REPORTS & COMMENTS
A. ARCHITECTURAL REVIEW COMMISSIONERS
None
B. CITY STAFF
Principal Planner Melloni reported the ARC subcommittee for PP20-0002 (Former Pizza
Hut) comprised of Vice Chair McIntosh and Commissioner Sanchez met with the applicant
and found the final construction drawings to be in substantial conformance, therefore, a
building permit was issued. Chair Vuksic and Commissioner Sanchez volunteered to form
the ARC subcommittee to review final construction drawings for CarMax.
Director of Development Services, Richard Cannone, reported a request for proposals
was released for professional services to assist with establishing objective design
standards. Staff received responses from two firms. Staff is currently evaluating the
submittals and anticipate going before City Council to request an award of contract at the
City Council meeting scheduled for April 27, 2023.
C. ATTENDANCE REPORT
The attendance report was provided with the agenda materials. The Commission took no
action on this matter.
8. ADJOURNMENT
The Architectural Review Commission adjourned at 1:16 p.m.
Respectfully submitted,
Melinda Gonzalez
Melinda Gonzalez, Senior Administrative Assistant
Recording Secretary
ATTEST:
Rosie Lua
Rosie Lua, Deputy Director of Development Services
Secretary
APPROVED BY ARC: 4/11/2023
Palm Desert Visitor Center Expanded Statement of Use
The project is a new 3,539 square foot single story building with outdoor seating and event
spaces for visitors. Hours of operation are between 7am and 7pm; however, special events will
occur between the hours of 5am and midnight on occasion. The facility will accommodate 100
walk-in visitors/day and have a maximum of 4 employees. Special events will accommodate
additional visitors and volunteers.
PREST | VUKSIC | GREENWOOD
A R C H I T E C T S I N T E R I O R S
D I S C O V E R P A L M D E S E R T
V I S I T O R C E N T E R
PALM DESERT, CA
Sheet:
Scale:
INFO@PVGARCHITECTS.COM | 760 . 779 . 5393 T
44530 SAN PABLO AVE, STE 200 | PALM DESERT, CA 92260
I I
WWW.PVGARCHITECTS.COM
PREST VUKSIC GREENWOOD
A R C H I T E C T S • I N T E R I O R S
DISCOVER PALM DESERT VISITOR CENTER A001
PROJECT
INFORMATION / SHEET
INDEX
MARCH 14, 2023Proj. No. 221094PROJECT INFORMATION
OWNER
CITY OF PALM DESERT
73-510 FRED WARING DR.
PALM DESERT, CA 92260
APPLICANT
PREST VUKSIC GREENWOOD ARCHITECTS
44-530 SAN PABLO AVE., STE 200
PALM DESERT, CA 92260
LEGAL DESCRIPTION
APN 622-250-014-2
LOCATION
BEING A DIVISION OF A PORTION OF THE WEST HALF
OF THE SOUTHWEST QUADRANT OF SECTION 17,
T5S, R6E, S.B.B.M.
ZONING
PUBLIC
NO YARDS/SETBACKS REQUIRED.
HEIGHT LIMIT = 35'
PARKING DATA
PARKING REQUIRED:
STANDARD @ 4 PER 1,000
ACCESSIBLE
LOADING
PARKING PROVIDED:
ACCESSIBLE
LOADING
ALL PARKING IS EXISTING AND TO BE PART OF
SHARED PARKING AGREEMENT
BUILDING DATA
OCCUPANCY:
TYPE OF CONSTRUCTION:
SPRINKLED
NO. OF STORIES
GREATEST HEIGHT
B
TYPE VB
YES
1
28'-0"
CONSULTANTS
PREST VUKSIC GREENWOOD ARCHITECTS
44-530 SAN PABLO AVE., STE 200
PALM DESERT, CA 92260
760.779.5393
JOHN VUKSIC
ARCHITECT
CIVIL ENGINEER
LANDSCAPE ARCHITECT
SHEET
NO.SHEET NAME
ARCHITECTURE
A000 COVER SHEET
A001 PROJECT INFORMATION / SHEET INDEX
A002 VINICITY / ADA ACCESS
CIVIL
1 PRELIMINARY GRADING PLAN
LANDSCAPE
L5.00 CONCEPTUAL LANDSCAPE PLAN
ARCHITECTURE
A100 OVERALL SITE PLAN
A101 ART IN PUBLIC PLACES EXHIBIT
A102 ENLARGED SITE PLAN
A110 SITE CROSS SECTIONS
A200 FLOOR PLAN
A201 OCCUPANCY, EXITING & LIFE SAFETY
A300 EXTERIOR ELEVATIONS
A301 EXTERIOR ELEVATIONS
A302 EXTERIOR ELEVATIONS
A310 COLOR ELEVATIONS
A311 COLOR ELEVATIONS
A312 COLOR ELEVATIONS NO ARTWORK
A313 COLOR ELEVATIONS NO ARTWORK
A320 3D VIEWS
A321 3D VIEWS
A322 3D VIEWS NO ARTWORK
A323 3D VIEWS NO ARTWORK
A400 ROOF PLAN
A500 PHOTO SIM
A501 PHOTO SIM
A502 PHOTO SIM NO ARTWORK
A503 PHOTO SIM NO ARTWORK
A504 RENDERINGS
A505 RENDERINGS NO ARTWORK
A600 MATERIAL BOARD
ELECTRICAL
E100 ELECTRICAL
E200 ELECTRICAL
E300 ELECTRICAL
SITE
VICINITY MAP
FRED WARING DRIVESAN PABLO AVEMAGNESIA FALLS DRIVE
PORTOLA AVESQUARE FOOTAGE
NAME S.F.
STORAGE / SUPPORT 647.3 SF
VISITOR CENTER 504.1 SF
ELECTRICAL / MECH.231.9 SF
RESTROOMS 446.5 SF
VISITOR CENTER SUPPORT 512.3 SF
GALLERY 1,197.3 SF
Grand total 3,539.5 SF
THE ALTUM GROUP
44-600 VILLAGE COURT, STE 100
PALM DESERT, CA 92260
760.346.4750
DOUG FRANKLIN
MSA CONSULTING, INC.
34200 BOB HOPE DRIVE
RANCHO MIRAGE, CA 92270
760.320.9811
RON GREGORY
PROPERTY DATA
Project Area: Project site is within an existing 58.65 acre
park and civil center. Project site is an empty flat area of
approximately 21,151 SF in size. The Percent of Total
Project Devotion is based on this area and not the 58.65
acre site as that includes existing structures, walkways,
parking, driveways, landscaping, etc.
SITE AREA:
BUILDING COVERAGE:
FAR:
LANDSCAPE COVERAGE:
21,151 SF
13.13%
1.6
44.87%
14 SPACES
1 VAN
1 SPACE
APPROX. 1,100 SPACES
2 (INCLUDE 1 VAN)
1 SPACE
PROJECT DESCRIPTION / USE
The project is a new 3,539 square foot single story building
with outdoor seating and event spaces for visitors. Hours of
operation are between 7am and 7pm; however, special
events will occur between the hours of 5am and midnight
on occasion. The facility will accommodate 100 walk-in
visitors/day and have a maximum of 4 employees. Special
events will accommodate additional visitors and volunteers.
SAN PABLO AVENUE FRED WARING DRIVECIVIC CENTER PARK
SKATE PARK CIVIC
CENTER
(E) ACCESSIBLE PATH
TO PUBLIC ROW
A100
1
PROPOSED
NEW BUILDING
NEW ADA
PARKING
PROPOSED NEW CARPORT W/
SOLAR AS REQ'D BY CBC, MUST BE
LOCATED WITHIN 250' OF BLDG.
543'-6"755'-11"7'-3"313'-1"PROPERTY LINEPROPERTY LINE
PROPERTY LINE
PROPERTY LINEACCESSIBLE PATH
500'-0"1,433'-6"436'-7"677'-0"63'-0"759'-4"
Sheet:
Scale:
INFO@PVGARCHITECTS.COM | 760 . 779 . 5393 T
44530 SAN PABLO AVE, STE 200 | PALM DESERT, CA 92260
I I
WWW.PVGARCHITECTS.COM
PREST VUKSIC GREENWOOD
A R C H I T E C T S • I N T E R I O R S
DISCOVER PALM DESERT VISITOR CENTER
1" = 50'-0"
A002
VINICITY / ADA
ACCESS
JUNE 9, 2023Proj. No. 2210940'20'40'80'160'
AAENGINEERING | PLANNING | SURVEY | ENVIRONMENTAL
44-600 Village Court, Suite 100Palm Desert, CA 92260t.760.346.4750 f. 760.340.0089TheAltumGroup.com
EEEEEEVVEEEEWMBFP16+0017+0018+0019+0020+00PARKINGNOSAN PABLO AVENUE
(E) SKATE
PARK
PROPERTY LINEPROPERTY LINEPROPERTY LINE
(E) PARKING
(E) PARKING
(E) ACCESSIBLE PATH (SEE SHEET A002)
A102
1
PD LINK BIKE PATH
PD LINK PED PATH
(E) SIDEWALK
1
A110
2
A110
A100
2
(E)
RESTROOMS
NEW
ACCESSIBLE
PATH
EXISTING RAMP TO BE
RECONSTRUCTED AS
REQUIRED TO MEET
ADA REQUIREMENTS
ESMT6'-0"PD LINK BIKE PATH
(E) ACCESS DRIVE
50'-0"19'-2"26'-0"8'-0"6'-0"6'-0"10'-0"8'-0"10'-0"EXISTING ELECTRICAL VEHICLE CHARGING19'-0"30'-2"14'-9" 17'-8"11'-5" 20'-0"101'-10"6'-3"5'-10" 20'-0"6'-5"9'-2"9'-0"8'-0"9'-0"+/-6'-4"20'-0"(E) RESTROOMS
PA
PLANTED AREA
CONCRETE
HARDSCAPE TO BE
REMOVED
(N) CURB
RAMPS
(E) SIDEWALK
(E) SKATE PARK
(E) FENCE
(E) TREE
NEW
HARDSCAPE
ADA SIGNAGE
PA
PA
(N) STRIPING FOR
LOADING
3'-0"(N) TRUNCATED
DOMES(N) WHEEL
STOP
(N) CURB RAMPS
(N) WHEEL STOP
TO REPLACE EXISTING STALLS
NEW ADA
PARKING STALLS AND ACCESS AISLE
Sheet:
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DISCOVER PALM DESERT VISITOR CENTER
As indicated
A100
OVERALL SITE PLAN
JUNE 9, 2023Proj. No. 2210940'8'16'32'64'
1/8" = 1'-0"2 NEW ADA PARKING STALLS
EEEEEEVVEEEEWMBFP16+0017+0018+0019+0020+00PARKINGNOSAN PABLO AVENUE
(E) SKATE PARK
PROPERTY LINEPROPERTY LINEPROPERTY LINE
(E) PARKING
(E) PARKING
PD LINK BIKE PATH
PD LINK PED PATH
(E) SIDEWALK
(E) RESTROOMS
PUBLIC ART SCUPLTURE LOCATION.
ARTWORK TO BE COMMISSIONED BY
THE PALM DESERT CULTURAL ARTS
COMMITTEE.
PUBIC ART IMAGE WALL. ARTWORK TO
BE COMMISSIONED BY THE PALM
DESERT CULTURAL ARTS COMMITTEE.
SEE COLOR ELEVATIONS AND
RENDERINGS.
PUBLIC ART HANGING SCUPLTURE
LOCATION. ARTWORK TO BE
COMMISSIONED BY THE PALM DESERT
CULTURAL ARTS COMMITTEE.
DISCOVER PUBLIC ART SIGNAGE.
ARTWORK TO BE COMMISSIONED BY
THE PALM DESERT CULTURAL ARTS
COMMITTEE.
Sheet:
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1/16" = 1'-0"
A101
ART IN PUBLIC
PLACES EXHIBIT
JUNE 9, 2023Proj. No. 2210941/16" = 1'-0"1 ART IN PUBLIC PLACES LOCATIONS
EEEEVVEPROPERTY LINEPROPERTY LINE
BREEZEWAY /
OUTDOOR
FLEX SPACE
OUTDOOR FLEX
SPACE
S A N P A B L O /
C V L I N K
(E)
SKATE PARK
OUTDOOR
COMMUNITY SPACE
VISITOR
CENTER
INDOOR
FLEX
SPACE
P D C I V I C C E N T E R
P A R K & P A R K I NG
OPTIONAL FUTURE
COFFEE KIOSK OR
'POP-UP' SEASONAL
VENDOR.
SEPARATE
SUBMITTAL/PERMIT.
ELEC.
/ FR.
PUBLIC
ART
MECH/MAINT.
YARD
OPTIONAL FUTURE
PD LINK AMENITY,
CYCLE REPAIR.
SEPARATE
SUBMITTAL/PERMIT.
PA
PA
PD LINK PED PATH
(E) SIDEWALK
PA
PA
PLANTER
PA
PUBLIC
ART
(E) PARKING
1
A110
1
A110
2
A110
2
A110
OPTIONAL
RAIN HARVESTING
RESERVOIR
RAMP RAMP
RAMPPA
PA
PA
PA
TYP.105
107
107
107
107
108
106
108
107
102
110
TYP.105
TYP.105
107 107
104
104
TYP.102
TYP.102
TYP.102
TYP.102
TYP.101
TYP.101
109
109
103
EXISTING RAMP TO BE
RECONSTRUCTED AS
REQUIRED TO MEET
ADA REQUIREMENTS
EASEMENT6'-0"111
21'-8"B IK E R A C K BI
KE RACKPA
RETENTION BASIN
(SEE CIVIL)
Sheet:
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1/8" = 1'-0"
A102
ENLARGED SITE PLAN
JUNE 9, 2023Proj. No. 2210940'4'8'16'32'
KEYNOTES
NO.DESCRIPTION
101 EXISTING CURB
102 NEW CONCRETE HARDSCAPE. COLOR TO BE INTEGRATED
POURED CONCRETE SLAB, SEE LEGEND FOR COLOR AND
FINISH.
103 NATURAL ROCK BENCH
104 PUBLIC ART LOCATION. ARTWORK TO BE COMMISSIONED BY
THE PALM DESERT CULTURAL ARTS COMMITTEE. NIC.
105 SHADE PETAL, SEE 1/A2.40
106 SWINGS
107 EXISTING HARDSCAPE
108 EXISTING TREE TO BE REMOVED
109 EXISTING SKATE PARK FENCE (APPROX. 5-6' TALL) WITH
LASER CUT PRIVACY SCREEN
110 NEW CURB, SEE CIVIL
111 30"H PLANTER WALL
PLPD LINK
(BIKE)
SAN PABLO
PARKING
CIVIC CENTER PARK
PARKING
FF 180.87
PE 180.227'-6"16'-6"FS 181.82
2'-6"PD LINK
(PED)
FS 179.74
FIRST FLOOR
0"PLPARKINGSKATE PARK
FF 180.87
PE 180.2
FS 181.6827'-6"(E) FENCETO MATCH15'-6"OPEN BREEZEWAY
Sheet:
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1/8" = 1'-0"
A110
SITE CROSS
SECTIONS
JUNE 9, 2023Proj. No. 2210941/8" = 1'-0"1 SITE CROSS SECTION A
0'4'8'16'32'
1/8" = 1'-0"2 SITE CROSS SECTION B
11
A
A
66
106
STORAGE 1
105
COPY /
SUPPORT RM.27'-0"37'-0"12'-0"200
INDOOR FLEX
SPACE
112
BREEZEWAY /
OUTDOOR
FLEX SPACE76'-0"OPEN TO ABOVE
55
22
B
B
418'-0"8'-0"11'-0"H
H
OPEN TO ABOVE
100
VISITOR
CENTER
101
RECEPTION
102
OFFICE103
KITCHEN /
BREAK /
GREEN ROOM
12'-0"E
E
D
D
7'-0"20'-0"18'-0"30'-6"22'-6"23'-0"
C
C
20'-0"
27'-0"18'-0"30'-6"22'-6"23'-0"
14'-0"13'-0"3'-0"
121'-0"
48'-0"
G
G
8
5'-0"4'-0"2'-0"4'-0"2'-0"6'-0"2'-0"8'-0"2'-0"10'-0"1'-6"6"2'-0"26'-0"2'-0"49'-0"45'-6"8'-0"20'-0"8'-0"2'-0"9'-0"24'-0"11'-6"11'-0"3'-0"
10'-0"18'-0"
109
MEN'S
107
DF
108
WOMEN'S
111
MECH/STOR.
110
ELECT.
LINE OF ROOF ABOVE,
TYP.
OPTIONAL FUTURE
CONTAINER FOR
VENDOR, SEPARATE
SUBMITTAL/PERMIT.
SHADE STRUCTURE
OPTIONAL FUTURE
CONTAINER FOR
VENDOR, SEPARATE
SUBMITTAL/PERMIT.
JAN.
LINE OF ROOF
ABOVE, TYP.
IT
A300
1
F
F
7
A301 2
A301
1
A3022
A3002
1
SWINGS
6'-3"
7 4 °4'-0"4'-0"ACCESS TO
MECH.
3
SHADE STRUCTURE
SHADE STRUCTURE
5'-0"Sheet:
Scale:
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1/8" = 1'-0"
A200
FLOOR PLAN
MARCH 14, 2023Proj. No. 2210940'4'8'16'32'
SQUARE FOOTAGE
NAME S.F.
STORAGE / SUPPORT 647.3 SF
VISITOR CENTER 504.1 SF
ELECTRICAL / MECH.231.9 SF
RESTROOMS 446.5 SF
VISITOR CENTER SUPPORT 512.3 SF
GALLERY 1,197.3 SF
Grand total 3,539.5 SF
520.7 SF
STORAGE 1
106
OL 200 / 2.6 OCC.
67.4 SF
105
COPY /
SUPPORT RM.
OL 50 / 1.3 OCC.
1,147.5 SF
INDOOR FLEX SPACE
200
OL 30 / 38.5 OCC.
BREEZEWAY /
OUTDOOR
FLEX SPACE
472.1 SF
100
VISITOR
CENTER
OL 30 / 15.7 OCC.
148.5 SF
RECEPTION
101
OL 150 / 1 OCC.
121.5 SF
OFFICE
102
OL 150 / 1 OCC.
157.9 SF
103
KITCHEN /
BREAK /
GREEN ROOM
OL 50 / 3 OCC.
MEN'S
WOMEN'S
MECH/STOR.ELECT.
JAN.
IT
OCC. TYPE(S)
EXITING SUMMARY
TOTAL OCC. LOAD NO. OF EXITS REQ'D NO. OF EXITS PROV'D
A (GALLERY)39 1 2 EXITS
2 EXITSA/B (VISTOR)25 1
prov'd occ.
req'd
EXIT
#200-1
60"X
7.8"
2
1
max. allowed total
TOTAL EXIT ACCESS
75' 48'
prov'd occ.
req'd
EXIT
#100-1
60" X
5"
max. allowed total
TOTAL EXIT ACCESS
75' 56'
Sheet:
Scale:
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1/8" = 1'-0"
A201
OCCUPANCY, EXITING
& LIFE SAFETY
MARCH 14, 2023Proj. No. 2210940'4'8'16'32'
FIRST FLOOR
0"
301 300 300
28'-0"3'-6"2'-2"8"9'-2"27'-6"
16'-6"15'-6"
303B304303B 303A
310
TYP.
320
TYP.
313
TYP.317
318
TYP.
313
TYP.
317305
314
OPEN
BREEZEWAY
305
313
309315
319 303B322305
TYP.
317 323324
325
302B
316
300
FIRST FLOOR
0"
303B 304 303A
300
TYP.
320 318
TYP.
313
TYP.
306
314 305319TYP.317
TYP.
3175'-2"8"9'-2"27'-6"9'-10"309
315 326
TYP.
320300
16'-6"
302B
316
301
Sheet:
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1/8" = 1'-0"
A300
EXTERIOR
ELEVATIONS
MARCH 14, 2023Proj. No. 2210941/8" = 1'-0"1 WEST ELEVATION (SAN PABLO)
KEYNOTES
NO.DESCRIPTION
300 7/8" (3 COAT) OMEGA FLEX, VENETIAN FAUX CONCRETE
ACRYLIC FINISH, COLOR: CONCRETE WARM GREY.
CONTRACTOR TO PROVIDE MOCK UP FOR ARCHITECT'S
APPROVAL.
301 IMAGE OVER 7/8" (3 COAT) OMEGA FLEX FINE ACRYLIC
FINISH. ARTWORK TO BE COMMISSIONED BY PALM DESERT
ARTS COMMISSION THROUGH THE ART IN PUBLIC PLACES
PROGRAM.
302B PERFORATED CORRUGATED METAL FENCE. MFR: MOZ
DESIGNS, COLOR: POWDER RUSTED COPPER, PATTERN:
CUSTOM PERFORATION
303A METAL VENEER. MFR: MOZ DESIGNS, COLOR: PATINA 212
STYLE: FOG FLAT
303B METAL VENEER. MFR: MOZ DESIGNS, COLOR: PATINA 132
STYLE: FLAT
304 WOOD VENEER. MFR:TBD COLOR: RUSTIC OAK
305 FIXED STOREFRONT GLASS, FRAME: BLACK ANODIZED
ALUMINUM
306 GLASS PIVOT DOOR
309 METAL EYEBROW. COLOR TO MATCH WINDOW FRAMES.
310 SIGNAGE. SEPARATE PERMIT.
313 STEEL PIPE COLUMN, DIAMETER SEE STRUCTURAL. PRIMED
AND PAINTED ON EXTERIOR TO MATCH WINDOW FRAMES.
314 STEEL TUBE TRANSOM BEAM, SEE STRUCTURAL. CLAD TO
MATCH WINDOW FRAMES, PRIMED AND PAINTED ON
EXTERIOR TO MATCH WINDOW FRAMES.
315 FUTURE SHIPPING CONTAINER FOR VENDOR BY OTHERS
316 FUTURE ART INSTALLATION. ARTWORK TO BE
COMMISSIONED BY THE PALM DESERT CULTURAL ARTS
COMMITTEE.
317 SHADE STRUCTURE
318 RAISED PLANTER
319 STANDING SEAM ROOFING, MFR: ATAS, PRODUCT:DUTCH
SEAM MRD194 19 1/4" 22 GA COLOR: DARK BRONZE
ANODIZED, UL 790/ASTME 108
320 BOULDER PER LANDSCAPE
322 METAL FASCIA. COLOR: ACCENT PINK
323 DISCOVER PUBLIC ART SIGNAGE. ARTWORK TO BE
COMMISSIONED BY THE PALM DESERT CULTURAL ARTS
COMMITTEE.
324 NATURAL ROCK BENCH
325 RAIN CHAIN
326 SWINGS
1/8" = 1'-0"2 SOUTH ELEVATION
0'4'8'16'32'
FIRST FLOOR
0"
303B TYP.300 TYP.302B
TYP.
300
TYP.300
303A 312 311307 315
TYP.
320
OPEN
BREEZEWAY
18'-6"
28'-0"27'-6"
TYP.
305
TYP.
317
TYP.317
TYP.
320
305
326313 303B
328 319
330
316 302A
302B
FIRST FLOOR
0"
303B301
303A
303B
321 301
303B303A
315 312
TYP.317 319
305 315
TYP.313
317 300 325
TYP.
320
27'-6"
18'-6"
28'-0"
16'-6"9'-10"12'-0"309302B 321
316
EXISTING SKATE PARK FENCE WITH LASER CUT PRIVACY SCREEN TO MATCH NEW
Sheet:
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1/8" = 1'-0"
A301
EXTERIOR
ELEVATIONS
MARCH 14, 2023Proj. No. 2210941/8" = 1'-0"1 EAST ELEVATION
0'4'8'16'32'
KEYNOTES
NO.DESCRIPTION
300 7/8" (3 COAT) OMEGA FLEX, VENETIAN FAUX CONCRETE
ACRYLIC FINISH, COLOR: CONCRETE WARM GREY.
CONTRACTOR TO PROVIDE MOCK UP FOR ARCHITECT'S
APPROVAL.
301 IMAGE OVER 7/8" (3 COAT) OMEGA FLEX FINE ACRYLIC
FINISH. ARTWORK TO BE COMMISSIONED BY PALM DESERT
ARTS COMMISSION THROUGH THE ART IN PUBLIC PLACES
PROGRAM.
302A BACKLIT LASER CUT METAL PANEL. MFR: MOZ DESIGNS,
COLOR: RUST POWDER, PATTERN: VINES
302B PERFORATED CORRUGATED METAL FENCE. MFR: MOZ
DESIGNS, COLOR: POWDER RUSTED COPPER, PATTERN:
CUSTOM PERFORATION
303A METAL VENEER. MFR: MOZ DESIGNS, COLOR: PATINA 212
STYLE: FOG FLAT
303B METAL VENEER. MFR: MOZ DESIGNS, COLOR: PATINA 132
STYLE: FLAT
305 FIXED STOREFRONT GLASS, FRAME: BLACK ANODIZED
ALUMINUM
307 OVERHEAD SECTIONAL GARAGE DOOR
309 METAL EYEBROW. COLOR TO MATCH WINDOW FRAMES.
311 HOLLOW METAL DOOR, PAINTED TO MATCH ADJACENT
PLASTER
312 HOLLOW METAL LOUVERED MECHANICAL DOOR, PAINTED
TO MATCH ADJACENT PLASTER
313 STEEL PIPE COLUMN, DIAMETER SEE STRUCTURAL. PRIMED
AND PAINTED ON EXTERIOR TO MATCH WINDOW FRAMES.
315 FUTURE SHIPPING CONTAINER FOR VENDOR BY OTHERS
316 FUTURE ART INSTALLATION. ARTWORK TO BE
COMMISSIONED BY THE PALM DESERT CULTURAL ARTS
COMMITTEE.
317 SHADE STRUCTURE
319 STANDING SEAM ROOFING, MFR: ATAS, PRODUCT:DUTCH
SEAM MRD194 19 1/4" 22 GA COLOR: DARK BRONZE
ANODIZED, UL 790/ASTME 108
320 BOULDER PER LANDSCAPE
321 OVERFLOW DRAIN
325 RAIN CHAIN
326 SWINGS
328 STEEL TUBE COLUMN, SEE STRUCTURAL. CLAD TO MATCH
WINDOW FRAMES, PRIMED AND PAINTED ON EXTERIOR TO
MATCH WINDOW FRAMES.
330 6' FENCE
1/8" = 1'-0"2 NORTH ELEVATION
FIRST FLOOR
0"
303B 300 300 304 303B
306 314
305322
322
TYP.317
TYP.317 TYP.320TYP.313 300 3181'-4"2'-2"8"9'-2"12'-0"27'-6"
319
16'-6"
325
FIRST FLOOR
0"
302B303B
301 309 310
319 322 303A
15'-6"3'-6"2'-2"8"9'-2"313 329 305 306 320 315 326310
305 304
309 302B
BY OTHERS
FUTURE ART
300
303B
1'-4"2'-2"8"9'-2"313
314
OPEN
BREEZEWAY
TYP.
320 323
305
305
Sheet:
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1/8" = 1'-0"
A302
EXTERIOR
ELEVATIONS
MARCH 14, 2023Proj. No. 2210940'4'8'16'32'
KEYNOTES
NO.DESCRIPTION
300 7/8" (3 COAT) OMEGA FLEX, VENETIAN FAUX CONCRETE
ACRYLIC FINISH, COLOR: CONCRETE WARM GREY.
CONTRACTOR TO PROVIDE MOCK UP FOR ARCHITECT'S
APPROVAL.
301 IMAGE OVER 7/8" (3 COAT) OMEGA FLEX FINE ACRYLIC
FINISH. ARTWORK TO BE COMMISSIONED BY PALM DESERT
ARTS COMMISSION THROUGH THE ART IN PUBLIC PLACES
PROGRAM.
302B PERFORATED CORRUGATED METAL FENCE. MFR: MOZ
DESIGNS, COLOR: POWDER RUSTED COPPER, PATTERN:
CUSTOM PERFORATION
303A METAL VENEER. MFR: MOZ DESIGNS, COLOR: PATINA 212
STYLE: FOG FLAT
303B METAL VENEER. MFR: MOZ DESIGNS, COLOR: PATINA 132
STYLE: FLAT
304 WOOD VENEER. MFR:TBD COLOR: RUSTIC OAK
305 FIXED STOREFRONT GLASS, FRAME: BLACK ANODIZED
ALUMINUM
306 GLASS PIVOT DOOR
309 METAL EYEBROW. COLOR TO MATCH WINDOW FRAMES.
310 SIGNAGE. SEPARATE PERMIT.
313 STEEL PIPE COLUMN, DIAMETER SEE STRUCTURAL. PRIMED
AND PAINTED ON EXTERIOR TO MATCH WINDOW FRAMES.
314 STEEL TUBE TRANSOM BEAM, SEE STRUCTURAL. CLAD TO
MATCH WINDOW FRAMES, PRIMED AND PAINTED ON
EXTERIOR TO MATCH WINDOW FRAMES.
315 FUTURE SHIPPING CONTAINER FOR VENDOR BY OTHERS
317 SHADE STRUCTURE
318 RAISED PLANTER
319 STANDING SEAM ROOFING, MFR: ATAS, PRODUCT:DUTCH
SEAM MRD194 19 1/4" 22 GA COLOR: DARK BRONZE
ANODIZED, UL 790/ASTME 108
320 BOULDER PER LANDSCAPE
322 METAL FASCIA. COLOR: ACCENT PINK
323 DISCOVER PUBLIC ART SIGNAGE. ARTWORK TO BE
COMMISSIONED BY THE PALM DESERT CULTURAL ARTS
COMMITTEE.
325 RAIN CHAIN
326 SWINGS
329 SHIPPING CONTAINER WALL. COLOR:
1/8" = 1'-0"1 NORTH BREEZEWAY ELEVATION
1/8" = 1'-0"2 SOUTH BREEZEWAY ELEVATION
1/8" = 1'-0"3 WEST BREEZEWAY ELEVATION
Sheet:
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COLOR ELEVATIONS
MARCH 14, 2023Proj. No. 2210940'4'8'16'32'
WEST ELEVATION (SAN PABLO)
SOUTH ELEVATION
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COLOR ELEVATIONS
MARCH 14, 2023Proj. No. 2210940'4'8'16'32'
NORTH ELEVATION
EAST ELEVATION
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COLOR ELEVATIONS
NO ARTWORK
MARCH 14, 2023Proj. No. 221094WEST ELEVATION (SAN PABLO)
SOUTH ELEVATION
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COLOR ELEVATIONS
NO ARTWORK
MARCH 14, 2023Proj. No. 221094NORTH ELEVATION
EAST ELEVATION
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ANODIZED, UL 790/ASTME 108
604 DRAIN TO THRU PIPE DRAIN TO RAIN CHAIN. RAIN CHAIN TO
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605 DRAIN TO ROOF DRAIN AND OVERFLOW. CONNECT ROOF
DRAIN TO UNDERGROUND DRAINAGE SYSTEM AND
DAYLIGHT OVERFLOW TO GRADE
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MARCH 14, 2023Proj. No. 221094P1 M3M5
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STEEL, DOOR & WINDOW FRAMESCOLOR: BLACK ANODIZEDMETAL VENEER. MFR: MOZ DESIGNS, COLOR: PATINA 212 STYLE: FOG FLATBACKLIT LASER CUT METAL PANEL. MFR: MOZ DESIGNS, COLOR: RUST POWDER, PATTERN: VINESPERFORATED CORRUGATED METAL FENCE. MFR: MOZ DESIGNS, COLOR: POWDER RUSTED COPPER, PATTERN: CUSTOM PERFORATIONM2 M3 M4 M5 M6
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MARCH 14, 2023Proj. No. 221094faux concreteweathered zinccopperdark bronzereclaimed wood pallets
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BFP (E) SKATE PARK(E) PARKING(E) ACCESS DRIVEPD LINK BIKE PATHPD LINK PED PATH(E) SIDEWALK(E) RESTROOMSEXISTING ELECTRIC VEHICLE CHARGING111111117666666645553228557778688Sheet:Scale:INFO@PVGARCHITECTS.COM | 760 . 779 . 5393 T44530 SAN PABLO AVE, STE 200 | PALM DESERT, CA 92260IIWWW.PVGARCHITECTS.COMPREST VUKSIC GREENWOODA R C H I T E C T S • I N T E R I O R SDISCOVER PALM DESERT VISITOR CENTER760 . 902 . 9048www.rayalightingdesign.com1494 UNION STREET, STE 802SAN DIEGO, CA 92101373 BOUQUET CANYON DRIVEPALM DESERT, CA 92211ELECTRICALMARCH 3, 2023
Proj. No. 221094E100 3/32" = 1'-0"LIGHTING FIXTURE NOTESUNGROUND ROUND LIGHTING FIXTURE INSTALLED IN ACONCRETE FOUNDATION TO ILLUMINATE THE CANOPY OFTHE TREES.INGROUND LINEAR LIGHTING FIXTURE WITH NARROW OPTICSTO ILLUMINATE THE VERTICAL BUILDING NAME.INGROUND LINEAR LIGHTING FIXTURE WITH WIDE OPTICS TOILLUMINATE THE VERTICAL BUILDING NAME.UNGROUND ROUND LIGHTING FIXTURE INSTALLED IN ACONCRETE FOUNDATION WITH MEDIUM OPTICS TOILLUMINATE PUBLIC ART.LED EXTERIOR RATES LED LINEAR LIGHTING MOUNTED ATTHE EDGE OF THE ROOF LINE OR ROUND ROOF OPENINGSWITH RGBW COLOR CHANGING LIGHT TO CELECRATESEASONAL OR SPECIAL OCCASIONS.ARCHITECTURAL PEDESTRIAN POST LIGHTING TO PROVIDEGENERAL ILLUMINATION IN THE PUBIC OPEN SPACES.ARCHITECTURAL PALM TREE LIGHTING FIXTURES TO MATCHTHOSE INSTALLED ON THE PALM TREES ON SAN PABLODRIVE.POLE MOUNTED PARKING LOT LED LIGHTING FIXTUREMOUNTED AT 18'0" ABOVE FINISHED GRADE.12345678GENERAL LIGHTING NOTES1.ALL LIGHTING FIXTURE WILL UTILIZE LED LIGHTING2.LIGHTING FIXTTURES WILL BE AIMED DIRECTRLY ATOPTJECTS OR BE GLARE FREE TO PERSERVE DARK SKYREQUIREMENTS.3.ALL LIGHTING WILL BE CONTROLLED BY A LIGHTINGCONTROL SYSTEM TO MEET CALIFORNIA TITLE 24REQUIREMENTSS I T E L I G H T I N G P L A N
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Proj. No. 221094E200 3/32" = 1'-0"S O L A R C A R P O R T P L A NGENERAL LIGHTING NOTES1.ALL LIGHTING FIXTURE WILL UTILIZE LED LIGHTING2.LIGHTING FIXTTURES WILL BE AIMED DIRECTRLY ATOPTJECTS OR BE GLARE FREE TO PERSERVE DARK SKYREQUIREMENTS.3.ALL LIGHTING WILL BE CONTROLLED BY A LIGHTINGCONTROL SYSTEM TO MEET CALIFORNIA TITLE 24REQUIREMENTSL I G H T I N G F I X T U R E I M A G E STYPE 1 & 4TYPE 2 & 3TYPE 5TYPE 6TYPE 6TYPE 7TYPE 8
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BFP (E) SKATE PARK(E) PARKINGPD LINK BIKE PATHPD LINK PED PATH(E) SIDEWALK(E) RESTROOMSEXISTING ELECTRIC VEHICLE CHARGING666666656883.14.1 3.2 1.8 1.12.75.78.2 5.9 2.93.5 6.7 9.1 6.4 3.5 2.9 3.2 2.8 1.91.52.6 5.0 6.8 6.5 4.6 3.54.56.6 5.8 3.3 2.3 3.4 6.2 7.0 4.3 2.8 3.1 3.8 3.2 2.2 2.0 3.2 6.0 7.33.7 7.6 8.7 5.8 3.5 3.35.48.97.73.9 2.6 3.87.48.5 5.1 3.6 5.3 7.8 6.0 3.4 2.9 4.3 7.6 9.01.43.47.17.9 4.94.0 6.0 5.3 3.0 2.1 2.84.55.0 3.6 3.45.78.7 6.7 4.0 3.95.56.8 6.33.6 4.0 3.01.72.1 2.3 2.0 2.3 3.6 4.94.43.7 5.2 8.41.2 1.2 1.3 1.8 2.3 2.5 3.0 5.3 8.80.9 1.1 1.4 1.8 2.5 3.8 5.20.6 0.9 1.3 2.1 2.9 3.4 3.3 2.7 1.90.4 0.6 0.91.73.45.5 5.43.9 2.9 2.21.40.8 0.5 0.4 0.30.3 0.5 0.9 2.1 4.9 8.8 8.4 5.95.13.8 2.11.10.7 0.5 0.40.3 0.3 0.5 0.9 1.9 4.2 7.37.57.2 8.7 6.6 3.2 1.5 1.0 0.8 0.70.3 0.4 0.7 1.2 1.7 2.5 3.74.56.1 8.6 6.7 3.3 1.7 1.5 1.6 1.40.3 0.5 1.0 2.0 2.41.71.8 2.4 3.44.53.8 2.4 1.9 2.6 3.7 3.40.3 0.51.12.51.5 1.11.3 1.6 1.9 1.8 1.6 2.1 4.27.46.60.4 0.4 0.5 0.8 1.40.8 0.9 1.0 1.0 1.1 1.9 4.2 7.6 6.9 3.30.7 0.7 0.7 0.7 0.60.7 0.8 1.4 2.6 4.0 3.7 2.11.5 1.4 1.2 1.3 1.5 1.40.9 1.4 1.8 1.7 1.23.5 3.2 2.3 2.0 3.1 2.81.31.41.2 0.97.3 6.6 3.9 2.6 2.8 2.82.0 2.2 1.86.5 9.8 8.8 4.9 2.9 2.2 1.6 1.1 0.84.0 5.0 3.5 1.77.1 8.2 7.0 5.0 4.1 3.3 2.2 1.5 1.1 0.9 0.82.9 6.1 8.45.52.39.4 8.2 6.0 5.9 7.2 6.2 3.6 2.3 1.81.5 1.10.82.55.16.94.52.07.410.5 8.5 6.17.110.1 8.5 4.9 3.6 3.7 3.1 1.9 1.2 0.9 0.81.6 2.6 3.1 2.3 1.27.3 8.1 6.8 6.2 7.3 8.4 7.0 4.8 5.2 7.3 6.1 3.2 1.9 1.5 1.4 1.2 1.01.3 1.4 1.17.8 9.3 7.3 6.17.49.2 7.6 5.1 4.05.78.87.54.0 2.8 3.0 2.9 2.1 1.4 1.18.9 10.0 7.0 6.1 8.4 10.57.54.1 3.0 3.9 5.3 4.8 3.4 3.8 6.0 6.2 3.7 2.0 1.6 1.45.87.47.2 6.0 6.37.7 7.72.0 2.1 2.4 2.4 2.5 4.2 7.9 8.44.72.8 2.8 3.0 2.3 1.34.58.3 8.5 6.1 5.9 8.1 8.6 5.91.25.15.43.7 3.25.16.64.52.04.48.3 8.0 5.35.58.7 9.0 5.13.1 6.2 8.65.72.3Sheet:Scale:INFO@PVGARCHITECTS.COM | 760 . 779 . 5393 T44530 SAN PABLO AVE, STE 200 | PALM DESERT, CA 92260IIWWW.PVGARCHITECTS.COMPREST VUKSIC GREENWOODA R C H I T E C T S • I N T E R I O R SDISCOVER PALM DESERT VISITOR CENTER760 . 902 . 9048www.rayalightingdesign.com1494 UNION STREET, STE 802SAN DIEGO, CA 92101373 BOUQUET CANYON DRIVEPALM DESERT, CA 92211ELECTRICALMARCH 3, 2023
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Page 1 of 5
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: July 18, 2023
PREPARED BY: Nick Melloni, Principal Planner
REQUEST: CONSIDERATION OF A RECOMMENDATION TO THE CITY COUNCIL TO
ADOPT A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF CHANGE OF
ZONE 23-0001 TO CHANGE THE ZONING DESIGNATION OF PARCEL 1 OF
PARCEL MAP NO. 36614, LOCATED APPROXIMATELY 500 FEET FROM THE
NORTHWEST CORNER OF HIGHWAY 111 AND FRED WARING DRIVE
FROM RESORT COMMERCIAL CENTER (PC-4) TO DISTRICT COMMERCIAL
CENTER (PC-2)
RECOMMENDATION:
Waive further reading and adopt Planning Commission Resolution No. 2837 to:
1. Conduct a public hearing and receive public testimony.
2. Recommend that the City Council adopt a Notice of Exemption pursuant to the General Rule
Exemption under Section 15061(b)(3) “General Rule.”
3. Recommend that the City Council approve Case No. CZ23-0001 for a Change of Zone for Parcel 1
of Parcel Map No. 36614 from the PC-4 to PC-2 zoning designation.
EXECUTIVE SUMMARY
The project is a request by 72221 Highway 111 LLC (Applicant) to change the zoning designation of a
parcel located at 72221 Highway 111 (Assessor’s Parcel Number 640-020-054) from Resort
Commercial Center (PC-4) to District Commercial Center (PC-2). This is a 1.34-acre parcel developed
with an existing 16,008-square-foot multi-tenant commercial building and associated parking lot, which
is shared with neighboring parcels in the same shopping center.
City staff has reviewed the request and concludes that the proposed Change of Zone will not result in
non-conformities for the existing land uses within the center or development standards for the parcel.
The requested zoning designation is consistent with the General Plan Land Use Designation for the
site, Suburban Retail Center.
Adopting the staff’s recommendation will result in a recommendation that the City Council adopt a notice
of exemption pursuant to CEQA under the General Rule exemption and approve Case No. CZ23-0001.
BACKGROUND/ANALYSIS:
a) Property Description: The project site is a 1.34-acre parcel located at 72221 Highway 111,
near the northwest corner of Highway 111 and Fred Waring Drive. The lot is more
specifically Parcel No. 1 of Parcel Map (PM) 36614. The site contains multi-tenant
commercial buildings totaling approximately 16,008 square feet, with existing tenants,
including a dog groomer, tattoo shop, and restaurant. The parcel and building were originally
approved in 1979 as part of the “Las Sombras” development via Development Plan 01-78
and Variance 01-78, which established a commercial center on the northwest corner of Fred
Waring Drive and Highway 111 for five (5) parcels and five (5) buildings and granted a
City of Palm Desert
Case No. CZ23-0001 Change of Zone
Page 2 of 5
parking variance. At the original time of approval, the complex was intended to be occupied
by primarily restaurant land uses. Construction of the buildings was completed in 1980. The
project parcel has an existing parking lot with a total of 59 spaces, accessible from Fred
Waring Drive and Painters Path, and has access to approximately 508 total spaces from
adjoining parcels within the commercial center.
The building currently has seven (7) suites, four (4) of which are occupied by a restaurant,
tattoo shop, dog grooming business, and private gym. There is a pending application for a
Use Determination (UD23-0001) and Conditional Use Permit (CUP).
b) Current Zoning & General Plan Land Use Designation:
Table 1 – Adjacent Land Use and Designations
Existing Uses General Plan Zoning
Project
Site Commercial Suburban Retail Center Resort Commercial
Center (PC-4)
North Commercial Suburban Retail Center Resort Commercial
Center (PC-4)
South Restaurant/Commercial Suburban Retail Center Resort Commercial
Center (PC-4)
East Commercial Regional Retail Regional Commercial
Center (PC-3)
West Professional Office Employment Center District Commercial
Center (PC-2)
Project Description/Analysis:
The project is a request to change the zoning designation of the project site from PC-4 to PC-2. If
approved, the change will require the zoning map be altered to reflect the parcel specific change.
The applicant has requested the change to enable additional land uses to open within the existing
commercial building.
Requests to amend the zoning designation of the parcel require approval by the City Council
pursuant to Palm Desert Municipal Code (PDMC) 25.78.040 upon a recommendation of the
Planning Commission. The PDMC does not establish specific findings for the approval of a change
of zone. Staff has analyzed the proposed change based on the following criteria:
1. General Plan Land Use Consistency.
2. Conformance of existing site conditions with Zoning Requirements.
3. Conformance with SB 330, with regard to downzoning for housing.
General Plan Land Use Consistency
The General Plan Land Use Designation for the site is Suburban Retail Center. This designation
was adopted for the site in conjunction with the comprehensive 2035 General Plan Update adopted
by the Palm Desert City Council in November 2016. This land use designation is intended to provide
a concentration of retail businesses, including “big box” and “large format” retailers in a setting that
provides surface parking to accommodate parking requirements for the businesses. Allowable uses
include small-scale and large-scale retail, as well as flexibility to allow multi-family housing in a
mixed-use configuration at densities of ten (10) to 15 dwelling units per acre.
City of Palm Desert
Case No. CZ23-0001 Change of Zone
Page 3 of 5
Under state law, more specifically Government Code Section 65860, zoning provisions must be
consistent with the General Plan for general law cities and charter cities with a population greater
than two million persons. Palm Desert is a charter city, and the state requirement for zoning
consistency with the general plan does not apply; however, it is a practice that has been historically
applied and encouraged by the PDMC. PDMC Section 25.04.020 Zoning Districts establishes how
each General Plan land use designation is implemented through zoning and establishes that the
Suburban Retail Center is implemented through the PC-2 zoning designation. The current PC-4
designation is, according to this chapter, more appropriate for the Resort and Entertainment
General Plan land use designation. Based on the preceding, the proposed zoning designation is
consistent with the General Plan.
Zoning Consistency
The project site is developed with an existing retail commercial building, which contains existing
tenants. The proposed Change of Zone must be evaluated to ensure that the new zone will not
result in nonconforming land uses or inconsistent development standards. To evaluate this, staff
reviewed the existing approved land uses on the parcel for consistency with the allowed land uses
established by Table 25.16-1 Use Matrix for Commercial and Industrial Districts. The Table 2 below
summarizes the land use conformity based on the current and proposed zoning designation:
Table 2 – Land Use Classification Conformance Determination
Existing or
Proposed
Land Use
Classification
Land Use
Classification
Regulation under
PC-4
Regulation under
PC-2
Conformance
(Allowed by
Zone)
Pet Groomer Personal Services Permitted by right Permitted by right Yes
Restaurant Personal Services Permitted by right
Allowed by
administrative use
permit
Yes
Tattoo Shop Personal Services Permitted by right Permitted by-right Yes
Bar/Lounge
Not listed – Use
Determination
Required
Not listed – Use
Determination
Required
Not listed – Use
Determination
Required
Not listed
In summary, the existing land uses on the project site will remain largely unaffected as they are
permitted by right. Restaurant uses, which are permitted by right under the current zoning
designation will require Administrative Use Permit (AUP) approval before they will be allowed to
open under the District Center Designation. The existing restaurant will require an AUP if future
expansions of the space are requested in the future. Notably, there is a pending application for a
bar/lounge proposed on the property, though this will require a separate action by the Planning
Commission to determine whether that specific use is allowable.
Due to the existing improvements on the site, the request must also be elevated to determine that
the change will not result in nonconformities with the development standards due to the change.
Table 3 on the next page summarizes and evaluates the conformance of the existing site with the
current and proposed zoning designation:
City of Palm Desert
Case No. CZ23-0001 Change of Zone
Page 4 of 5
Table 3 – General Development Standard Conformance Determination
Development
Standard
Existing Site
Condition
PC-4
Requirement
PC-2
Requirement
Conformance
under PC-2
Lot size
minimum
area
1.37 acres 4 acres 5 acres No
Front yard
setback
minimum
21’ None None Yes
Side yard
(interior) 1.2’ minimum 0’ 0’ Yes
Street side
yard N/A None None Yes
Rear yard,
minimum 120’+ 20’ 20’ Yes
Floor area
ratio 0.27 1.0 0.10 Yes
Maximum
building
height
Approximately
20’ 35’ 55’ Yes
Maximum
building size
16,008square
feet None
30,000
square feet
maximum
Yes
As indicated above, the existing project would comply with applicable general development
standards under the PC-2 zoning designation. The parcel area does not meet the minimum
requirement of the PC-2 zone with regard to the minimum required lot size; however, the project
does not include a subdivision request, and this requirement is not relevant, nor does it render the
building non-conforming. The table only covers general development standards and does not
analyze site-specific design standards, which are not relevant to the change of zone.
The parcel is contiguous with other properties within the PC-2 zoning district located to the west of
the site across Painters Path. At the time of the application, the existing development is adequately
served by existing utilities with adequate sewer and water lines. No new alterations to the site are
proposed at this time in conjunction with the Change of Zone.
Senate Bill 330/ Housing Crisis Act
The Housing Crisis Act (HCA), otherwise known as SB 330/SB 8, broadly restricts the City from
reducing the zoning of a property to a less intensive residential use. The PC-4 and PC-2 zone allow
for residential land uses; therefore, the HCA is relevant to the project. The proposed change will
increase the maximum residential density of the site from ten (10) dwelling units to up to 15 dwelling
units per acre.
Public Input:
Public Notification
Public noticing was conducted for the July 18, 2023, Planning Commission meeting per the
requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public
hearing notice was published a minimum of ten (10) days before the hearing date in The Desert Sun
City of Palm Desert
Case No. CZ23-0001 Change of Zone
Page 5 of 5
newspaper. Notices were mailed to all property owners within 300 feet of the project site. No
comments have been received as of the date of this report.
Environmental Assessment/Environment Review:
Pursuant to CEQA and the State CEQA Guidelines, the project was found to be exempt from further
environmental review per Section 15061(b)(3) (General Rule exemption). The project enacts the
General Plan in accordance with the Zoning Ordinance by changing the designation of the site to PC-
2. The project site is an existing approved commercial center. No significant impacts on the
environment are anticipated.
Findings of Approval:
Findings can be made in support of the project under the City’s Municipal Code. Findings in support
of this project are contained in Planning Commission Resolution No. 2837, attached to this staff report.
REVIEWED BY:
Department Director: Richard D. Cannone, AICP
Principal Planner Nick Melloni
ATTACHMENTS:
1. Draft Planning Commission Resolution No. 2837
2. Public Hearing Notice
3. Notice of Exemption
4. For Reference Only: Site Plan
PLANNING COMMISSION RESOLUTION NO. 2837
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION
PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) AND RECOMMENDING THAT THE CITY COUNCIL APPROVE
A CHANGE OF ZONE FROM PC-4 TO PC-2 FOR THE PROPERTY
LOCATED ON PARCEL 1 OF PARCEL MAP NO 36614 AT 72221 HIGHWAY
111 (ASSESSOR’S PARCEL NUMBER 640-020-054)
CASE NO. CZ23-0001
WHEREAS, 72221 Highway 111 (“Applicant”), submitted a request to change the
zoning designation of a 1.34-acre parcel located at 72221 Highway 111, legally described as
Parcel 1 of PM 36614 from Resort Planned Commercial (PC-4) to District Planned
Commercial (PC-2); and
WHEREAS, the Project site has a land use designation of Suburban Retail Center in
the Palm Desert General Plan adopted on November 10, 2016, and a zoning designation of
Resort Commercial Center (PC-4); and
WHEREAS, the Project site has been developed with existing improvements, which
generally consist of a multi-tenant commercial building and related parking lot and
landscaping; and
WHEREAS, the Project site is adequately served by existing public utilities and
services; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the
State California Environmental Quality Act (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 Project; and
WHEREAS, under Palm Desert Municipal Code (PDMC) Chapter 25.02 establishes
that the Suburban Retail Center General Plan land use designation is implemented by the
District Commercial Center (PC-2) zoning designation; therefore, consistent with the 2016
Palm Desert General Plan; and
WHEREAS, the proposed Change of Zone will render the existing improvements on
the site or land uses nonconforming with any applicable Palm Desert Zoning Ordinance
standards; 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 Project; and
WHEREAS, the Project 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 foreseeable significant
impact on the environment and that the Project is eligible for an exemption exempt Section
15061(b)(3) General Rule of the CEQA Guidelines; therefore, no further environmental review
is necessary at this time; and
PLANNING COMMISSION RESOLUTION NO. 2837
2
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of July 2023, hold a duly noticed public hearing to consider the request by the
Applicant for approval of the above-noted Project request; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the Planning Commission
did find the following facts and reasons, which are outlined in the staff report, exist to justify
approval of said request:
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.
SECTION 2. General Plan Consistency. The Planning Commission hereby finds that the
proposed zone change to PC-2 is consistent with the City of Palm Desert General Plan.
SECTION 3. CEQA. The application has complied with the requirements of the “City
of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the
Planning Commission finds that the Project is an exemption from CEQA per Section
15061(b)(3) of the CEQA guidelines as the Project is a determination on whether a use that
is not listed shall be deemed a conditional use. No direct, foreseeable impact on the
environment can be identified at this time.
SECTION 4. Project Recommendation. The Planning Commission hereby
recommends to the Palm Desert City Council approval of Case No. CZ23-0001 to change the
zoning designation of Parcel 1 of PM 36614 to District Commercial Center (PC-2) as depicted
in Exhibit A, attached hereto; and
SECTION 5. 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 6. 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
recommendation by the Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of Case No.
CZ23-0001.
PLANNING COMMISSION RESOLUTION NO. 2837
3
ADOPTED ON July 18, 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. 2837 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 July 18, 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 July ____, 2023.
RICHARD D. CANNONE, AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2837
4
C I T Y O F P A L M D E S E R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
INFO@PALMDESERT.GOV
CITY OF PALM DESERT
PUBLIC HEARING NOTICE
CASE NO. CZ/EA23-0001
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE PLANNING
COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER A RECOMMENDATION
TO THE PALM DESERT CITY COUNCIL FOR THE ADOPTION OF A NOTICE OF EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND A REQUEST FOR A
CHANGE OF ZONE FROM PC-4 TO PC-2 FOR THE PROPERTY LOCATED AT 72221 HIGHWAY 111
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 project qualifies for exemption from further
CEQA review per CEQA Guidelines Section 15061(b)(3).
PROJECT LOCATION/DESCRIPTION:
PROJECT LOCATION: 72221 Highway 111 in the City of Palm Desert, located in Riverside County.
Assessor’s Parcel Number 640-020-054.
PROJECT DESCRIPTION: The request will change the zoning designation of the existing 1.34-acre parcel
from Resort Commercial Center (PC-4) to District Commercial Center (PC-2).
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 Tuesday, July 18, 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 Mo nday through Friday
from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Nick Melloni. 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:
Nick Melloni, Principal Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611, Extension 479
nmelloni@palmdesert.gov
PUBLISHED: THE DESERT SUN RICHARD D. CANNONE, AICP, SECRETARY
JULY 7, 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: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Clerk of the Board of Supervisors
or
County Clerk
County of: Riverside
2724 Gateway Dr, Riverside,
CA 92507
1. Project Title: CZ23-0001
2. Project Applicant: 72221 Highway 111 LLC
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):
72221 Highway 111 in Palm Desert in Riverside
County. Parcel 1 of PM 36614
4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside
5. Description of nature, purpose, and
beneficiaries of Project:
A request to change the zoning designation of Parcel
1 of PM 36614 to PC-2.
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:
72221 Highway 111 LLC
8. Exempt status: (check one)
(a) Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA
Guidelines § 15268)
(b) Not a project.
(c) Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA
Guidelines § 15269(b),(c))
(d) Categorical Exemption.
State type and section
number:
State CEQA Guidelines §15332 – “Class 32 – Infill
Project”
(e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA
Guidelines § 15269(a))
(f) Statutory Exemption.
State Code section number:
(g) Other. Explanation: General Rule – Section 15061(b)(3)
9. Reason why project was exempt: The project is exempt from CEQA per the general
rule. The change of zone will ensure the Zoning
Designation of the parcel is consistent with the
Suburban Retail Center General Plan Land Use
Notice of Exemption FORM “B”
Designation
10. Lead Agency Contact Person: Nick Melloni, Principal Planner
Telephone: (760) 346-0611
11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing.
12. Has a Notice of Exemption been filed by the public agency approving the project? Yes No
13. Was a public hearing held by the lead agency to consider the exemption? Yes No
If yes, the date of the public hearing was: July 18, 2023
Signature: Date: July 18, 2023
Title: Senior Planner
Signed by Lead Agency Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21100, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
NOPARKINGNOPARKINGEV CAPABLEEV CAPABLEEV CAPABLEEV CAPABLEEV CAPABLEAPN:
640-020-008
EXISTING
BUILDING
A P N :6 4 0 -0 2 0 -0 5 4
APN:
640-020-007
OLIVE GARDEN
BUILDING
H W Y . 1 1 1
PAINTERS PATH PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEP R O P E R T Y L I N E
P R O P E R T Y L I N E
P R O P E R T Y L I N EPROPERTY LINE
PROPERTY LINE
SITE PLAN DMA DESIGN AND CONSTRUCTIONGENERAL CONTRACTOR LIC# 95547022421 BARTON RD #360GRAND TERRACE, CA 92313(951)712-6575THE FIRM72221 HWY 111PALM DESERT, CASHEET:CLIENT:DRAWINGS PROVIDED BY:DATE:5/14/2021SITE PLANA-1
Page 1 of 5
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: July 18, 2023
PREPARED BY: Anna Dan, Associate Planner
REQUEST: CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) AND A USE DETERMINATION (UD) THAT A BAR/LOUNGE
IS SIMILAR TO OTHER USES PERMITTED IN THE DISTRICT
PLANNED COMMERCIAL (PC-2) ZONING DISTRICT AND MAY BE
ALLOWED, SUBJECT TO AN ADMINISTRATIVE USE PERMIT AT
72221 HIGHWAY 111, SUITE 110
RECOMMENDATION:
Waive further reading and adopt Planning Commission Resolution No. 2838 to:
1. Conduct a public hearing and receive public testimony.
2. Adopt a Notice of Exemption, pursuant to the General Rule Exemption under Section
15061(b)(3), “General Rule.”
3. Approve Use Determination (UD)23-0001 to deem a Bar/Lounge use as an
administratively allowed use within the District Planned Commercial (PC-2) zoning
designation.
EXECUTIVE SUMMARY:
The project is a request that the Planning Commission make a Use Determination (UD) to
allow Bars/Lounges within the PC-2 zoning district, subject to an Administrative Use Permit
(AUP) based on their similarity to the Restaurant Land Use classification pursuant to Chapter
25.72.020 of the Palm Desert Municipal Code (PDMC).
The PC-2 zoning district establishes land uses that are permitted by right (“P”), allowed
subject to an administrative use permit (“A”), conditionally permitted (“C”), or not permitted
(“N”). Land uses that are not listed in the Palm Desert Zoning Ordinance may be reviewed by
the Planning Commission (Commission) to determine if the proposed use is allowed based
on its similarity to land uses that are specifically listed.
The request by Noah Awoniyi (Applicant) has been filed to establish a 2,030-square-foot
Bar/Lounge, within an existing single-story, multitenant commercial space located at 72221
Highway 111, Suite 110. The Bar/Lounge would be operated by Adults Only Palm Desert.
Adopting the staff’s recommendation will determine that Bars/Lounges are similar to
Restaurants and allow such users to apply for an AUP. However, the AUP allows staff to
elevate the approval to the Commission. If the Commission adopts the attached resolution, it
is the staff’s intent that the proposed Bar/Lounge would be reviewed by Planning staff and
return to the Commission for a final decision at a public hearing.
City of Palm Desert
Case No. UD23-0001 Adults Only Palm Desert
Page 2 of 5
The proposed use is located on a parcel with a pending Change of Zone (CZ23-0001)
application to change the zoning from Resort Commercial Center (PC-4) to District
Commercial Center (PC-2), Public Hearing Item C on the July 18 Planning Commission
agenda. This pending change is considered in staff’s analysis of the proposed use
determination. Adopting the use determination would apply to all properties zoned PC-2. The
determination will be transmitted to the City Council and become final within 30 days of the
decision unless appealed.
BACKGROUND/ANALYSIS:
a) Property Description: The project site is an existing multitenant commercial building
located on the northwest corner of Highway 111 and Fred Waring Drive. The site is
comprised of one (1) parcel totaling 1.34 acres containing one (1) single-story building
with a combined floor area of 16,008 square feet. The parcel and building were
approved in 1979 as part of the “Las Sombras” development via Development Plan
01-78 and Variance 01-78, which established a commercial center with a parking
reduction variance on the northwest corner of Fred Waring Drive and Highway 111 for
five (5) parcels and five (5) buildings. Construction of the buildings was completed in
1980. The project parcel has an existing parking lot with a total of 59 spaces,
accessible from Fred Waring Drive and Painters Path, and has access to
approximately 508 total spaces from adjoining parcels within the commercial center.
The building currently has seven (7) suites, four (4) of which are occupied by a
restaurant, tattoo shop, dog grooming business, and private gym. The proposed bar
will be located within Suite 110 at the eastern end of the building, adjacent to an
existing restaurant. The suite is 2,030 square feet and was previously occupied by a
private gym.
The rest of the commercial center has four (4) additional buildings, including one (1)
multitenant building and three (3) single-tenant buildings that each have a restaurant.
b) Current Zoning & General Plan Land Use Designation:
Table 1 – Adjacent Land Use and Designations
Existing Uses General Plan Zoning
Project Site Vacant Suburban Retail Center Resort Commercial
Center (PC-4)
North Vacant Suburban Retail Center Resort Commercial
Center (PC-4)
South Restaurant/Commercial Suburban Retail Center Resort Commercial
Center (PC-4)
East Commercial Regional Retail Regional Commercial
Center (PC-3)
West Professional Office Employment Center District Commercial
Center (PC-2)
Project Description/Analysis:
The project is a request that the Commission make a UD to allow Bars/Lounges within the
Planned Commercial (PC) zoning district, subject to an AUP based on their similarity to
City of Palm Desert
Case No. UD23-0001 Adults Only Palm Desert
Page 3 of 5
Restaurants pursuant to Chapter 25.72.020 of the PDMC.
The PC-2 zoning district establishes land uses that are permitted by right (“P”), allowed
subject to an administrative use permit (“A”), conditionally permitted (“C”), or not permitted
(“N”). The PDMC does not specify a land use designation for a Bar or Lounge, and it is not
found within any of the zoning district’s land use matrix. PDMC Section 25.16.030 Allowed
Land Uses and Permit Requirements, states that uses that are not listed are not permitted;
however, they may be considered by the Commission through a UD.
With a request for a UD, the Commission shall determine whether a use not specifically listed
in any district, such as a Bar/Lounge, shall be permitted based on its similarity to uses
specifically listed in any one or more districts.
PDMC Section 25.99.020 Land Use Definitions, defines a Bar or Lounge as “Any use where
the on-site sale and consumption of alcoholic beverages equals or exceeds 50 percent of
gross sales of food and beverages from that location.” Although there is no specific land use
designation for a Bar/Lounge, the definition of a restaurant establishes its relationship to a
bar. Restaurants are allowed as a permitted use in the PC-4 Zone and allowed with the
approval of an Administrative Use Permit (AUP) in PC-2.
The main distinction between a bar and a restaurant is the percentage of gross sales
generated from food and nonalcoholic beverages, as established by the Land Use Definitions
for “Restaurants” under PDMC 25.99.020. A restaurant must generate more than 51 percent
of its gross sales from food and nonalcoholic beverages. In comparison, a bar can have up
to 49 percent of its gross sales from these items and still be considered a bar. Despite this
difference, both establishments share many similarities in terms of their functions and
offerings.
A restaurant is defined as “any use providing for the preparation, retail sale,
and on-site consumption of food and beverages…The term restaurant may
include the licensed sale of alcoholic beverages for consumption on the
premises, provided that the sales of food and nonalcoholic beverages equals
or exceeds 51 percent of gross sales of food and beverages. Businesses where
the sales of food and nonalcoholic beverages do not exceed 51 percent of
gross sales of food and beverages shall be deemed a bar or lounge.”
Bars and restaurants share similarities in their appearance, usage intensity, parking
requirement, and occupancy. They operate during similar or overlapping hours and generate
comparable levels of activity and attendance. Their exterior facades and floor plans are also
alike, with dining or seating areas, bar counters, and kitchen spaces. Occupancy limits and
parking requirements depend on factors like floor area, number of exits, and overall layout.
Bars and restaurants can accommodate similar numbers of patrons, resulting in comparable
demands for space.
However, there are still distinctions between bars and restaurants that require different
regulatory approaches to ensure the proposed use is evaluated to ensure it does not become
a source of nuisance behavior associated with excessive consumption of alcoholic beverages
or become an enforcement issue. Therefore, a Bar/Lounge should be regulated through the
AUP. The Zoning Administrator (ZA) is the designating approving entity for AUPs; however,
City of Palm Desert
Case No. UD23-0001 Adults Only Palm Desert
Page 4 of 5
the ZA will refer this AUP to the Commission for review and approval pursuant to PDMC
25.64.04(c). This will ensure that establishments operating as a Bar or Lounge is subject to
the appropriate zoning regulations and comply with the provisions of the General Plan. It
would also allow the Commission to impose reasonable conditions of approval for this
emerging land use within the PC-2 zone.
The request by the Applicant has been filed to establish a 2,030-square-foot Bar/Lounge
within an existing single-story, multitenant commercial space located at 72221 Highway 111,
Suite 110. The project site is currently zoned Resort Commercial Center (PC-4) with a
pending application to change the zoning to PC-2. The Bar/Lounge would be operated by
Adults Only Palm Desert.
The Applicant’s letter of justification states that the proposed use is a “full-service bar and
entertainment venue.” The Bar/Lounge will serve bar food items that are comparable to
appetizers found at restaurants and have regular entertainment, including live music, theater
performers, and art displays. The proposed floor plan, as identified in Attachment No. 5,
includes a lobby, a main dining area with fixed and bar seating, a kitchen, an outdoor patio,
and restrooms.
Approval of this UD would determine that Bars/Lounges are similar to restaurants and allow
such uses to apply for a AUP within the PC-2 zoning district. The Applicant would be required
to come back to the Commission for AUP approval of “Adults Only Palm Desert.”
City staff has also considered the possible effects of a pending Change of Zone (CZ)
application, which proposes to change the zoning of the project parcel from PC-4 to PC-2.
This change would shift the zoning district’s character from a resort focus to a commercial
and retail one, though most of the allowed uses would remain the same. However, restaurants
would no longer be permitted by right and would require approval from staff through an AUP.
If the CZ is approved, it would not affect the operation of existing restaurants, unless those
restaurants requested modifications or additions, which would trigger the requirement for the
AUP.
Additionally, the Commission has approved Bars/Lounges through the CUP process in other
areas of the City, most recently within the Highway 111 Development Code. These include
the Desert Fox located at 44750 San Pablo Avenue, Suite 1 (CUP16-157) and Libation Room
at 73750 El Paseo (CUP16-310).
Approval of this UD would permit Bars or Lounges as an administrative use in the PC-2 and
would not be impacted by approval of a CZ. The Applicant would still be required to receive
Commission approval of an AUP similar to a CUP.
Public Input:
Public Notice
Public noticing was conducted for the July 18, 2023, 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 ten (10) days prior to the hearing
date on Friday, July 7, 2023, in The Desert Sun newspaper. Notices were mailed to all
property owners within 300 feet of the project site for a total of 14 public hearing notices
City of Palm Desert
Case No. UD23-0001 Adults Only Palm Desert
Page 5 of 5
mailed.
Environment Review:
City staff has reviewed the project in accordance with CEQA and determined that the project
is eligible for an exemption pursuant to the General Rule Exemption under Section
15061(b)(3) of the CEQA, General Rule. The activity is covered by the general rule exemption
that CEQA applies only to projects which have the potential for causing a significant effect on
the environment. This project is a determination on whether a use that is not listed shall be
deemed an administratively allowed use. Any action taken on this project would not result in
a direct, foreseeable impact on the environment as this project, and all future proposals will
be required to return to the Commission under an AUP and be assessed for environmental
impacts at that time.
Recommendation:
Staff recommends that the Commission determines the proposed use of a Bar/Lounge is
allowed as an administratively approved use within the Planned Commercial Zone, as
detailed in Resolution 2838.
Alternatives
The Commission may alternatively determine that the use is not similar to restaurants and
therefore is prohibited within the PC-2 zone.
REVIEWED BY:
Department Director: Richard D. Cannone, AICP
Principal Planner Nick Melloni
ATTACHMENTS:
1. Draft Planning Commission Resolution No. 2838
2. Public Hearing Notice
3. CEQA Notice of Exemption
4. Statement of Use
5. Project Plans
PLANNING COMMISSION RESOLUTION NO. 2838
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION
PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) AND APPROVAL OF A USE DETERMINATION (UD) FINDING
THAT A BAR/LOUNGE IS SIMILAR TO OTHER USES PERMITTED IN THE
DISTRICT PLANNED COMMERCIAL (PC-2) ZONING DISTRICT AND MAY
BE ALLOWED, SUBJECT TO AN ADMINISTRATIVE USE PERMIT
CASE NO. UD23-0001
WHEREAS, Noah Awoniyi (“Applicant”), submitted a UD application to establish a new
2,030-square-foot bar/lounge located at 72221 Highway 111, Suite 110 (“Project”); and
WHEREAS, the current zoning designation of Project site Resort Commercial Center
(PC-4) and the Palm Desert Municipal Code (PDMC) does not have a land use classification
for a bar or lounge; and
WHEREAS, the property owner, 72221 Highway 111, has filed an application to
change the zoning designation of the subject property from PC-4 to PC-2; and
WHEREAS, the PC-2 zoning designation allows restaurant land uses by an
Administrative Use Permit (AUP) in accordance with PDMC 25.16.030; and
WHEREAS, uses which are not specifically listed in any district may be reviewed by
the Planning Commission in accordance with PDMC 25.72.020 to determine if the proposed
use is allowed in any one or more districts based on its similarity to uses that are specifically
listed; and
WHEREAS, Bars/Lounges were found to be similar to restaurants; therefore,
permitted by an administrative use in the District Planned Commercial (PC-2) zoning 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 Project; and
WHEREAS, the Project 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 foreseeable significant
impact on the environment and that the Project is eligible for an exemption exempt Section
15061(b)(3) General Rule 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 at this time; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of July 2023, hold a duly noticed public hearing to consider the request by the
Applicant for approval of the above-noted Project request; and
PLANNING COMMISSION RESOLUTION NO. 2838
2
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.
SECTION 2. Findings on Use Determination. Under PDMC Section 25.72.020, the
Planning Commission shall determine whether a use not specifically listed in any district shall be
allowed in any one or more districts based on its similarity to uses specifically listed.
Bars/Lounges are found to be similar to Restaurants within the PC-2 zoning district.
SECTION 3. CEQA. The application has complied with the requirements of the “City
of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the
Planning Commission finds that the Project is eligible for an exemption from CEQA per
Section 15061(b)(3) of the CEQA guidelines as the Project is a determination on whether a
use that is not listed shall be deemed an administrative use. No direct, foreseeable impact on
the environment can be identified at this time.
SECTION 4. Project Approval. The Planning Commission hereby recommends
approval of UD23-0001; and
SECTION 5. 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 6. 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. UD23-0001.
PLANNING COMMISSION RESOLUTION NO. 2838
3
ADOPTED ON July 18, 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. 2838 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 July 18, 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 July ____, 2023.
RICHARD D. CANNONE, AICP
SECRETARY
CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
INFO@PALMDESERT.GOV
CITY OF PALM DESERT
PUBLIC HEARING NOTICE
CASE NO. UD23-0001
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 NOAH WONIYI FOR THE ELGIBILITY OF A NOTICE OF EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL
OF USE DETERMINATION TO PERMIT A NEW 2,030-SQUARE-FOOT BAR/LOUNGE AS A
CONDITIONAL USE WITHIN THE PLANNED COMMERCIAL ZONING DISTRICT LOCATED AT
72221 HIGHWAY 111, SUITE 110
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 eligible for an exemption pursuant to the General Rule
Exemption under Section 15061(b)(3) of the CEQA. No possibility of significant impacts to the
environment have been identified as resulting from this action; therefore, no further environmental
review is necessary.
PROJECT LOCATION/DESCRIPTION:
PROJECT LOCATION: 72221 Highway 111, Suite 110 (APN 640-020-054)
PROJECT DESCRIPTION: The project proposes to establish a new 2,030-square-foot bar/lounge
within an existing commercial building located at 72221 Highway 111, Suite 110. The bar/lounge
bar will be operated by Adults Only Palm Desert.
Land uses which are not specifically listed in the Palm Desert Zoning Ordinance may be reviewed
by the Planning Commission to determine if the proposed use is permitted based on its similarity
to uses that are specifically listed. Approval of the Use Determination would allow the bar/lounge
to proceed with a conditional use permit based on its similarity to a restaurant.
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 July 18, 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, 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, Associate 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
JULY 7, 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: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Clerk of the Board of Supervisors
or
County Clerk
County of: Riverside
2724 Gateway Dr, Riverside,
CA 92507
1. Project Title: UD23-0001
2. Project Applicant: Noah Awoniyi
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):
72221 Highway 111 in Palm Desert in Riverside
County. Parcel 2 of PM 36614.
4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside
5. Description of nature, purpose, and
beneficiaries of Project:
A request for a use determination to allow
Bars/Lounges as a conditional use within the Planned
Commercial zoning designation.
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:
Noah Awoniyi
8. Exempt status: (check one)
(a) Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA
Guidelines § 15268)
(b) Not a project.
(c) Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA
Guidelines § 15269(b),(c))
(d) Categorical Exemption.
State type and section
number:
State CEQA Guidelines §15332 – “Class 32 – Infill
Project”
(e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA
Guidelines § 15269(a))
(f) Statutory Exemption.
State Code section number:
(g) Other. Explanation: General Rule – Section 15061(b)(3)
9. Reason why project was exempt: The project is exempt from CEQA per the general
rule. This project is a determination on whether a use
that is not listed shall be deemed a conditional use
Notice of Exemption FORM “B”
within the Planned Commercial zoning designation.
10. Lead Agency Contact Person: Anna Dan, Associate Planner
Telephone: (760) 346-0611
11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing.
12. Has a Notice of Exemption been filed by the public agency approving the project? Yes No
13. Was a public hearing held by the lead agency to consider the exemption? Yes No
If yes, the date of the public hearing was: July 18, 2023
Signature: Anna Dan Date: July 18, 2023
Title: Associate Planner
Signed by Lead Agency Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21100, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
NOPARKINGNOPARKINGEV CAPABLEEV CAPABLEEV CAPABLEEV CAPABLEEV CAPABLEAPN:
640-020-008
EXISTING
BUILDING
A P N :6 4 0 -0 2 0 -0 5 4
APN:
640-020-007
OLIVE GARDEN
BUILDING
H W Y . 1 1 1
PAINTERS PATH PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEP R O P E R T Y L I N E
P R O P E R T Y L I N E
P R O P E R T Y L I N EPROPERTY LINE
PROPERTY LINE
SITE PLAN
A D U L T
O N L Y
ADULT ONLY72221 HWY 111, SUITE 110PALM DESERT CASHEET:
SCALE:DRAWINGS PROVIDED BY:DMA DESIGN & CONSTRUCTIONGENERAL CONTRACTOR LIC. #95547022421 BARTON RD. #360GRAND TERRACE, CA 92313(951) 712-6575DATE:
4/3/2023CLIENTSITE PLANA-1
NOPARKING
N
H
H
H
H
H
H
H
H
H
H
H
H
H
H
H
T
T
H
H
5 '134'
-8"
2 0 8 '-3 "4 0 3 '-6 "112'
-6"254'-4"98'-8"
2 1 '-1 0 "16'
-1"10'-5"18'-1"ADAH W Y . 1 1 1
PAINTERS PATH PLPLPLPLP R O P E R T Y L IN E
PROPERTY LINE
SITE PLAN
SCALE: 1" = 30'-0"(E ) B U IL D IN G
(E ) 6 ' B L O C K F E N C E
H
H
H
H
H
(E ) 6 ' B L O C K F E N C E
S
11
22
33
44
55
66
77
88
99
1010
1111
1212
1313
1414
1515
1616
1717
1818
1919
2020
2121
2222
2323
2424
2525
2626
2727
2828
2929
3030
3131
3232
3333
3434
3535
3636
3737
3838
3939
4040
4141
4242
4343
4444
4545
4646
4747
4848
4949
5050
5151
5252
5353
5454
5555
5656
5757
5858
5959
6060
6161
6262
6363
6464
6565
6666
6767
6868 6969 7070 7171 7272 7373 7474 7575 7676
P L
P L
A D U L T
O N L Y
(E ) T R A S H E N C L O S U R E
C O N C R E T E P A T IO & S ID E W A L K
C O N C R E T E P A T IO & S ID E W A L K
C O N C R E T E P A T IO & S ID E W A L K
(N ) 3 6 " T A L L
W R O U G H T IR O N
F E N C E
AA
DIRECTORY
OWNER:
ADAM GILBERT
THE FIRM
72221 HWY 111
PALM DESERT, CA 92260
(760)-408-8874
PLANING DEPARTMENT:
CITY OF PALM DESERT
73510 FRED WARING DRIVE
PALM DESERT, CA 92260
760-346-0611
PROPOSED BUSINESS
ADULT ONLY
72221 HWY 111
PALM DESERT, CA 92260
APPLICANT
DMA DESIGN AND CONSTRUCTION
NOAH AWONIYI
22400 BARTON RD #21-360
GRAND TERRACE, CA 92313
PROJECT DATA
APN: 640-020-054
YEAR: 1980
CONSTRUCTION TYPE:V-B
OCCUPANCY GROUPS:MIX USE
FIRE ALARM :NO
NUMBER OF STORIES : 1
SPRINKLER : NO
TOTAL PARKING: 76
GROSS ACREAGE: 1.31 ACRE
NET ACREAGE: 1.34 ACRE
BUILDING SQ FT: 15,946
PROPOSED BUSINESS SQ FT: 2,030
PROPOSED BUSINESS OUTDOOR AREA: 304 SQ FT
3'AA WROUGHT IRON FENCE
SCALE 1/4" = 1'-0"ADULT ONLY72221 HWY 111, SUITE 110PALM DESERT CASHEET:
SCALE:DRAWINGS PROVIDED BY:DMA DESIGN & CONSTRUCTIONGENERAL CONTRACTOR LIC. #95547022421 BARTON RD. #360GRAND TERRACE, CA 92313(951) 712-6575DATE:
4/3/2023CLIENTENLARGEDSITE PLANA-1E
VICINITY MAP
N
20'-1"19'-2"
39'-3"10'-4"26'7'-6"9'-9"53'-7"7'-6"7'-2"14'-8"7'-9"9'-8"
39'-3"14'-3"17'-1"19'-7"50'-11"16'-10"6'-6"
23'-7"
5'17'-2"KITCHEN
OUTDOOR
(UNCOVERD PATIO)STORAGELOBBY
WOMEN
MEN
PROPOSED FLOOR PLAN
SCALE: 1/4" = 1'-0"
BAR SERVICE
EXIT
PATIO EXIT ADULT ONLY72221 HWY 111, SUITE 110PALM DESERT CASHEET:
SCALE:DRAWINGS PROVIDED BY:DMA DESIGN & CONSTRUCTIONGENERAL CONTRACTOR LIC. #95547022421 BARTON RD. #360GRAND TERRACE, CA 92313(951) 712-6575DATE:
4/3/2023CLIENTPROPOSEDFLOOR PLANA-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 20-Jun 4-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 A ---P P --P P P P -1 0
Gregory, Ron -P -P A --P -P A P ---P P --P A P P -3 2
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 -0 0
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 20223/202220232023202320232023