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Home My WebLink AboutCZ23-0001 72221 HIGHWAY 111 I I Y Of P 0 1 M DESER T 73-5 IO FREI) WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6i i info4 cityofpal mdesert.org PLANNING COMMISSION MEETING NOTICE OF ACTION July 18, 2023 72221 Highway 111, LLC 74399 Highway 111, Suite D Palm Desert, California 92260 Dear Sir or Madam: Subject: Consideration of a Notice of Exemption and a Change of Zone for Parcel 1 of Parcel Map No. 36614 The Planning Commission of the City of Palm Desert considered your request and took the following action at its regular meeting on July 18, 2023: Waived further reading and adopted Planning Commission Resolution No. 2837: 1) Adopting a Notice of Exemption, and 2) recommending that the City Council approve Case No. CZ23-0001. The motion carried by a 4-0 vote, with Commissioner Holt ABSENT. Enclosed for your records is a fully executed copy of Resolution No. 2837. Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within 15 days of the date of the decision. If you have any questions or require additional information, please do not hesitate to contact Principal Planner Nick Melloni at nmelloni(a-palmdesert.gov or (760) 776-6478. Sincerely, Richard D. Cannone, AICP, Secretary Palm Desert Planning Commission rdc/mlo Enclosure cc: File Building & Safety Division Fire Marshal iJ PAEo ox AEr«Eo PAEA 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 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 181h 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. 2 PLANNING COMMISSION RESOLUTION NO. 2837 ADOPTED ON July 18, 2023. Na;ic I IN a Nancy DeLun (Jul25,2023 18,24 PD7, 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: DE LUNA, GREENWOOD, GREGORY, and PRADETTO NOES: NONE ABSENT: HOLT ABSTAIN: NONE RECUSED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on July ;�Z, 2023. RICHARD D. CANNONE, AICP SECRETARY 3 PLANNING COMMISSION RESOLUTION NO. 2837 EXHIBIT A CACTI y cy v N 'O Z FRED WARING DRIVE LEGEND Change of zone from PC-4 to PC-2 PROPOSED ZONING EXHIBIT �� CHANGE OF ZONE 23-0001 � FOR PARCEL 1 of PM 36614 4 Res No 2837 Final Audit Report 2023-07-26 Created: 2023-07-25 By: Monica O'Reilly(moreilly@palmdesert.gov) Status: Signed Transaction ID: CBJCHBCAABAAS2Vf5irVNvKLv2ed8o0SVILZzJKDYVr3 "Res No 2837" History IT Document created by Monica O'Reilly(moreilly@palmdesert.gov) 2023-07-25-11:39:44 PM GMT Document emailed to nancyjdeluna@gmail.com for signature 2023-07-25-11:39:59 PM GMT Email viewed by nancyjdeluna@gmail.com 2023-07-26-1:24:36 AM GMT &0 Signer nancyjdeluna@gmail.com entered name at signing as Nancy DeLuna 2023-07-26-1:24:54 AM GMT &0 Document e-signed by Nancy DeLuna (nancyjdeluna@gmail.com) Signature Date:2023-07-26-1:24:56 AM GMT-Time Source:server 0 Agreement completed. 2023-07-26-1:24:56 AM GMT Adobe Acrobat Sign