HomeMy WebLinkAboutRes No 2838PLANNING 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 the Project site is 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 as administrative use in the District Planned Commercial (PC-2) zoning district; and
WHEREAS, PDMC 25.64.040 establishes that the Zoning Administrator (ZA) may
refer an AUP to the Planning Commission for review and approval; and
WHEREAS, at said public hearing, the Planning Commission expressed that
Bars/Lounges shall be referred to the Planning Commission for such consideration; 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
PLANNING COMMISSION RESOLUTION NO. 2838
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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. 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, subject to
an Administrative Use Permit referred to the Planning Commission.
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:
PLANNING COMMISSION RESOLUTION NO. 2838
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.
ADOPTED ON July 18, 2023.
Nvc� ,De%ra
Nancy DeLui'a (Jul 25, 202318:25 PDT)
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:
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
RICHARD D. CANNONE, AICP
SECRETARY
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Res No 2838
Final Audit Report
Created: 2023-07-25
By: Monica O'Reilly (moreilly@palmdesert.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAC15AgZLCgaO_XRH3772fOe8_kQwgsaBR
"Res No 2838" History
Document created by Monica O'Reilly (moreilly@palmdesert.gov)
2023-07-25 - 11:41:21 PM GMT
Document emailed to nancyjdeluna@gmail.com for signature
2023-07-25 - 11:41:33 PM GMT
Email viewed by nancyjdeluna@gmail.com
2023-07-26 - 1:25:05 AM GMT
'rQ Signer nancyjdeluna@gmail.com entered name at signing as Nancy DeLuna
2023-07-26 - 1:25:26 AM GMT
r-�Q Document e-signed by Nancy DeLuna (nancyjdeluna@gmail.com)
Signature Date: 2023-07-26 - 1:25:28 AM GMT - Time Source: server
O Agreement completed.
2023-07-26 - 1:25:28 AM GMT
2023-07-26
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