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HomeMy WebLinkAbout2023-08-15 PC Regular Meeting Agenda PacketCity 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 Calendar within the three-minute time limit. Individual items may be removed by Commissioners for a separate discussion. None Tuesday August 15, 2023 6:00 p.m. Regular Meeting Page 1 of 51 Planning Commission Agenda August 15, 2023 City of Palm Desert Page 2 6. ACTION CALENDAR None 7. PUBLIC HEARINGS: Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless the Planning Commission authorizes additional time. A. CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVAL OF A CONDITIONAL USE PERMIT (CUP) TO ESTABLISH A RELIGIOUS INSTITUTION WITHIN AN EXISTING OFFICE SUITE LOCATED AT 73726 ALESSANDRO DRIVE, SUITE 102 RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution No. 2840 to: 1. Conduct a public hearing and receive public testimony. 2. Adopt a Notice of Exemption for a Class 1 Categorical Exemption in accordance with CEQA Guidelines Section 15301, Existing Facilities. 3. Approve CUP23-0006 to establish a religious institution within an existing office suite located at 73726 Alessandro Drive, Suite 102. B. CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF AN ADMINISTRATIVE USE PERMIT (AUP) TO ESTABLISH A 2,030-SQUARE-FOOT BAR/LOUNGE WITH A 304-SQUARE-FOOT OUTDOOR PATIO, WITHIN AN EXISTING COMMERCIAL SUITE LOCATED AT 72221 HIGHWAY 111, SUITE 110 RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution No. 2839 to: 1. Conduct a public hearing and receive public testimony. 2. Adopt a Notice of Exemption for a Class 1 Categorical Exemption in accordance with CEQA Guidelines Section 15301, Existing Facilities. 3. Approve AUP23-0009 to establish a 2,030-square-foot bar/lounge with a 304-square- foot outdoor patio, within an existing commercial suite located at 72221 Highway 111, Suite 110 subject to findings and conditions. 8. INFORMATIONAL REPORTS & COMMENTS A. SUMMARY OF CITY COUNCIL ACTIONS B. COMMITTEE MEETING UPDATES 1. Cultural Arts Committee C. PLANNING COMMISSIONERS Page 2 of 51 Planning Commission Agenda August 15, 2023 City of Palm Desert Page 3 D. CITY STAFF 1. Objective Design Standards Study Session 2. Objective Design Standards Community Meeting E. ATTENDANCE REPORT 9. ADJOURNMENT: The next Regular Meeting will be held on September 5, 2023, at 6:00 p.m. AFFIDAVIT OF POSTING I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board and City website not less than 72 hours prior to the meeting. Melinda Gonzalez 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. Page 3 of 51 Page 1 of 7 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 15, 2023 PREPARED BY: Anna Dan, Associate Planner REQUEST: CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVAL OF A CONDITIONAL USE PERMIT (CUP) TO ESTABLISH A RELIGIOUS INSTITUTION WITHIN AN EXISTING OFFICE SUITE LOCATED AT 73726 ALESSANDRO DRIVE, SUITE 102 RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution No. 2840 to: 1. Conduct a public hearing and receive public testimony. 2. Adopt a Notice of Exemption for a Class 1 Categorical Exemption in accordance with CEQA Guidelines Section 15301, Existing Facilities. 3. Approve CUP23-0006 to establish a religious institution within an existing office suite located at 73726 Alessandro Drive, Suite 102. EXECUTIVE SUMMARY: The proposed project is a request by Philip Garza (Applicant) to approve a Conditional Use Permit (CUP) to establish a 2,400-square-foot religious institution to be operated as a place of worship (Church) at 73726 Alessandro Drive, Suite 102 and find that the project is exempt from further CEQA review. The proposed use is located in an existing suite within an existing two-story, multi-tenant office building, and will be operated by Fresh Fire Worldwide Ministries. The project involves some minor tenant improvements, but no structural or exterior modifications are proposed. The use will hold services on Tuesdays from 6:00 p.m. to 7:00 p.m., Wednesdays and Fridays from 6:30 p.m. to 7:30 pm., and Sundays from 10:30 a.m. to 11:30 a.m. and 6:30 p.m. to 7:30 p.m. Staff finds the proposed place of worship complies with the intent and objectives of the applicable zoning requirements and is compatible with surrounding land uses, subject to the conditions established in the approval. BACKGROUND/ANALYSIS: a) Property Description: The project site is an existing multi-tenant office building located on the southeast corner of Alessandro Drive and San Juan Avenue in Alessandro Plaza. The site is comprised of one parcel totaling 0.47 acres containing three (3) single and two-story office buildings with a combined floor area of 34,624 square feet (sf). The Alessandro Plaza development was approved by the Planning Commission in 2001 pursuant to Resolution No. 2083 for Case No. PP 01-13. Construction of the buildings was completed in 2002. The project site has an existing parking lot with a total of 128 Page 4 of 51 City of Palm Desert Case No. CUP23-0006 – Fresh Fire Worldwide Ministries Page 2 of 7 parking spots, accessible from San Pascual and San Juan Avenue which serve all the tenants. Existing tenants within the plaza include an investment banking firm, professional offices, nursing school, spa, yoga studio (Approved Case No. AUP 16-37), massage establishment, real estate office, non-profit, medical office, and caregiver agency. The project will locate within Suite 102 of Building C which is 2,400 sf. b) Current Zoning & General Plan Land Use Designation: Table 1 – Adjacent Land Use and Designations Existing Uses General Plan Zoning Project Site Office-Commercial Downtown Downtown Transition Overlay Zone (D.E.-O) North Single-family Residential Small Town Neighborhood Mixed Residential District (R-2) South Office-Commercial Downtown Downtown Edge District, Scenic Preservation (D.E., SP) East Parking Lot Downtown D.E.-O West Parking Lot Downtown D.E.-O Project Description: The project is a CUP request by the Applicant to establish a religious institution (Church) within an existing, two-story multi-tenant office building located at 73726 Alessandro Drive, Suite 102. The suite is on the first floor on the eastern end of Building C. The floor plan of the proposed Church will include a gallery, teaching room, fellowship room, storage room, and restrooms. Approximately 1,800 square feet (75%) of the Church floor plan is dedicated to the gallery, which will provide a maximum of fifty (50) individual seats as indicated in Attachment 4. The fellowship room will be open to congregants for gathering after regular service hours, while the teaching room will be used for Sunday school during Sunday service and for private appointments with the pastor. Table 2 below outlines the typical schedule of the Church’s activities. The use will operate on Tuesdays from 6:00 p.m. to 7:00 p.m., Wednesdays and Fridays from 6:30 p.m. to 7:30 pm., and Sundays from 10:30 a.m. to 11:30 a.m. and 6:30 p.m. to 7:30 p.m. Regular meetings and gatherings may last an additional one to two hours after each service. The Applicant anticipates a maximum of five (5) to ten (10) congregants at any given time, with the potential for up to fifty (50) as the congregation grows. Church staff will consist of one pastor and four potential volunteers. No modifications are proposed to the exterior of the building or project site. Table 2 – Proposed Operations and Attendance Day of Week Description Service Time Maximum Attendance Sundays Sunday Service 10:30 a.m. – 11:30 a.m. 6:30 p.m. – 7:30 p.m. 50 people Tuesday Mid-Week Service 6:00 p.m. – 7:00 p.m. 50 people Wednesday and Friday Mid-Week Service 6:30 pm. – 7:00 p.m. 50 people Page 5 of 51 City of Palm Desert Case No. CUP23-0006 – Fresh Fire Worldwide Ministries Page 3 of 7 Analysis: In accordance with Palm Desert Municipal Code (PDMC) Section 25.18.040, Table 25.18-1: Use Matrix for Downtown Districts, religious institutions in the DE-O zone require a CUP. Approval of a CUP is subject to the findings listed under PDMC 25.72.050. As part of the CUP review process, staff and the Planning Commission will review the project and make findings based on the following: A. Land Use Compatibility The majority of businesses located on the project site are professional offices and commercial businesses. These businesses operate on weekdays during daytime hours. Despite the different land use intensity that the Church demands, the plaza has ample parking to support the proposed use without disrupting the surrounding businesses. Furthermore, the proposed Church plans to hold its services when these businesses are closed or near closing, to minimize any potential disruption as identified in Attachment 4 provided by the Applicant. Table 3 below outlines the hours of operation for businesses in Building C. The businesses in Building A and B have similar operating hours on weekdays and some of them are also open on Sundays at the same time as the Church. Staff does not anticipate parking to be an issue as the spa and fitness studio operate on an appointment basis and have limit class sizes. Table 3 – 73726 Alessandro Drive Existing Uses Address Building Business Name Use Floor Area Hours of Operation 101 C Coast Capital LLC Financial Institution 2,200 N/A 102 C Fresh Fire Worldwide Ministries Proposed Place of Worship 2,400 Tuesday, 6:00 p.m. – 7:00 p.m. Wednesday & Friday, 6:30 p.m. – 7:30 p.m. Sunday, 10:30 – 11:30 p.m., 6:30 – 7:30 p.m. 103 C Dori Schneider Professional Office 2,500 Appointment Only 104 C Ed Fuches Design Professional Office 1,800 Monday – Friday, 10:00 a.m. – 6:00 p.m. 201 C Vacant 202 C Home Instead Care Professional Office 4,700 Monday – Friday, 8:30 a.m. – 5:00 p.m. 203 C All Desert Wellness Professional Office 2,600 Monday – Friday, 9:00 a.m. – 5:00 p.m. B. Site Plan The property is currently suitable for the intended use, as it has the appropriate size, shape, topography, location, and utilities. The Church will be situated entirely within one existing suite and there are no plans to modify the exterior of the site. Access to the Church is available from two different entrances on San Pascual and San Juan Avenue. Page 6 of 51 City of Palm Desert Case No. CUP23-0006 – Fresh Fire Worldwide Ministries Page 4 of 7 C. Parking According to the regulations of PDMC 25.46.040, the proposed use will require a total of seventeen (17) parking spaces. These regulations require one parking space for every three fixed seats in the assembly area. Since the gallery area can accommodate up to fifty (50) fixed seats, seventeen (17) parking spaces are required. The parking requirements do not factor in the usage of the fellowship room or teaching room, as these rooms are accessory to the proposed use. The fellowship room is utilized for gatherings after regular service hours, while the teaching room functions as a Sunday school during Sunday service. The overall attendance rate takes into account the use of the teaching room and fellowship room. Figure 1 – Summary of Parking Requirements for existing uses at 73726 (Building C), 73712 (Building B), 73710 (Building A) Alessandro Drive Address Building Use Floor Area Required Parking Suite A1 A Medical Office 6,320 25 parking spaces (4 spaces per 1,000 sq ft) Suite B1 B Personal Services/Spa 2,500 10 parking spaces (4 spaces per 1,000 sq ft) Suite B2 B Fitness Studio 2,500 10 parking spaces (4 spaces per 1,000 sq ft) Suite B3 B Medical Office 2,500 10 parking spaces (4 spaces per 1,000 sq ft) Suite B4 B Professional Office 2,500 4 parking spaces (4 spaces per 1,000 sq ft) Suite 101 C Professional Office (Storage) 2,200 9 parking spaces (4 spaces per 1,000 sq ft) Suite 103 C Professional Office 2,500 10 parking spaces (4 spaces per 1,000 sq ft) Suite 104 C Professional Office 1,800 7 parking spaces (4 spaces per 1,000 sq ft) Suite 202 C Professional Office 4,700 19 parking spaces (4 spaces per 1,000 sq ft) Suite 203 C Professional Office 2,600 10 parking spaces (4 spaces per 1,000 sq ft) Parking Required for Existing Uses 114 Parking Spaces Required The project site has an interior parking lot with 128 parking stalls, including seven (7) accessible stalls. With the 34,624 square feet of building area, and the existing uses requiring 114 parking stalls, there is an available parking surplus of fourteen (14) spaces. The proposed use should have seventeen (17) parking spaces available to ensure the use has sufficient parking during peak demand during service times. The applicant has proposed to stagger their operations to ensure that peak use times do not occur on days or hours that other businesses and uses within the existing complex require parking. The impact on the surrounding businesses is minimal due to the operational characteristics and scheduling of the Church. The businesses in the area are mainly professional and medical offices that operate on weekdays from 8:00 a.m. to 6:00 p.m. and are typically closed on weekends. The peak attendance for the place of worship will occur during late evening hours on weekdays and early mornings on weekends, which are staggered from the surrounding businesses. Therefore, staff Page 7 of 51 City of Palm Desert Case No. CUP23-0006 – Fresh Fire Worldwide Ministries Page 5 of 7 does not anticipate any parking issues with neighboring businesses given the three (3) parking space deficit. Public Input: Public noticing was conducted for the August 15, 2023, Planning Commission meeting in accordance with the requirements of PDMC Section 25.60.060 and in accordance with Government Code Sections 65090 to 65094. A public hearing notice was published a minimum of 10 days prior to the hearing date on Friday, August 4, 2023, in The Desert Sun newspaper. Notices were mailed to all property owners within 300 feet of the project site for a total of twenty-five (25) public hearing notices mailed. Staff has not received any public comments at the time of writing this report. Environment Review: City staff has reviewed the project in accordance with CEQA and determined that the project is exempt from environmental review pursuant to Section 15301 Existing Facilities (Class 1) of the State CEQA Guidelines. Class 1 applies to projects involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project consists of a place of worship with a gallery, fellowship room, teaching room, and storage area in an existing office suite. The proposed plan would involve minor interior improvements to accommodate the proposed use. The project will not involve the expansion of the existing building. The project is consistent with the Downtown General Plan designation, as well as the Downtown Transition Overlay zoning designation. Pursuant to Section 15300.2 of the CEQA Guidelines, a Class 1 exception may not be used if the project falls into any exceptions: 1. Location: The Project qualifies as a Class 1 exemption, which is not listed as one of the classes under 15300.2 (A). The Project is not located on a site where it may have an adverse impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The Project site will not impact designated environmental or biological resources as it is not located within a conservation area as identified by the (MSHCP). 2. Cumulative Impact: The Project will not have a cumulative impact on the environment. The proposal does not propose any structural changes to the site which would result in increased square footage or a demand for more resources. The proposal does require three additional parking to support the new use, however, the staggered hours of operation offer enough relief to avoid vehicular congestion. 3. Significant Effect: There are no unusual circumstances identified in relation to the proposed use or Project site which would result in a significant impact on the environment. The Project site is not located within a flood zone per the latest FEMA Flood Zone Maps. The Project site is located within an Urban Unzoned area per Fire Hazard Severity Zone maps depicted in Figure 8.5 on Page 119 of the General Plan. The project site is not identified within an Alquist-Priolo Fault Zone per the latest maps on file with the California Department of Conservation; the nearest fault zone is the San Andreas Fault located north of the Palm Desert City Limits Page 8 of 51 City of Palm Desert Case No. CUP23-0006 – Fresh Fire Worldwide Ministries Page 6 of 7 4. Scenic Highways: The Project site is not located within proximity of any officially designated state Scenic Highway. The nearest officially designated scenic highway is Highway 74, south of Highway 111, located approximately three-quarters of a mile southwest of the site. 5. Hazardous Waste Site: The project site has not been identified as a hazardous waste site per maps and databases provided by the California Department of Toxic Substances Control (DTSC). 6. Historical Resources: The project site does not contain any structure or title that would designate it as a historical resource. Therefore, the project will not cause a substantial adverse change in the significance of a historical resource. Findings of Approval: In accordance with PDMC 25.72.050 (F), the following findings are required before granting a conditional use permit: 1. That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located. The proposed location is zoned Downtown Transition Overlay (DE-O), and religious institutions are permitted with a Conditional Use Permit. The DE-O zoning district is designed to ensure appropriate scaling transitions to neighboring residential areas, allowing for housing development as well as civic, cultural, and personal services uses. Professional offices, commercial businesses, and residential dwellings are the predominant uses in the surrounding area. The nature of the proposed use would not change the character of the existing office complex in a way that would affect the purpose of the DE-O zone. The Church is located within an existing office building and does not propose any structural or exterior changes that would alter the appearance of the site. 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 place of worship will not be detrimental to public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. Other places of worship with similar use intensities have been established within the City in centers with tangential uses. This type of use is not generally anticipated to create adverse impacts on health, safety, or welfare. The use will operate within an existing office building. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The proposed use, as conditioned, will comply with the objective requirements of the zoning ordinance. The site complies with the intent and purpose of the DE-O zoning district and development standards, as no modifications are proposed. There are 128 Page 9 of 51 City of Palm Desert Case No. CUP23-0006 – Fresh Fire Worldwide Ministries Page 7 of 7 parking spaces in the interior parking lot and the existing uses already create a demand for 114 spaces. Because the Church requires seventeen (17) parking spaces at a parking ratio of one space per three fixed seats, the parking is deficient by three spaces. However, the applicant has proposed a schedule that will ensure peak parking demand does not coincide with surrounding businesses. Table 2 and 3 demonstrate that attendees who come for the service or pastoral counseling use the parking lot during hours when nearby businesses are closed or about to close. Therefore, staff does not find this deficiency to be a significant concern. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City’s General Plan. The project site has a General Plan land use designation of Downtown District. This land use designation is intended to provide a variety of civic, cultural, entertainment, retail, restaurant, and commercial services. The proposed use is a Church within an existing office complex. As presented and conditioned, the Church does not significantly alter the character of the complex or inhibit the function of the office complex. Furthermore, the proposed hours of operation for the Church are scheduled in a way that will not interfere with the surrounding businesses' peak attendance and parking demand. REVIEWED BY: Department Director: Richard D. Cannone, AICP Principal Planner: Nick Melloni ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2840 2. Public Hearing Notice 3. CEQA Notice of Exemption 4. Statement of Use 5. Project Plans Page 10 of 51 PLANNING COMMISSION RESOLUTION NO. 2840 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 APPROVING A CONDITIONAL USE PERMIT (CUP) TO ESTABLISH A RELIGIOUS INSTITUTION WITHIN AN EXISTING OFFICE SUITE LOCATED AT 73726 ALESSANDRO DRIVE, SUITE 102 CASE NO. CUP 23-0006 WHEREAS, Philip Garza (“Applicant”) submitted a CUP application to establish a religious institution within an approximately 2,400 square-foot existing office suite located at 73726 Alessandro Drive, Suite 102 (“Project”); and WHEREAS, the proposed Project conforms to the General Plan land use designation of the Downtown District and development standards listed in the City’s Zoning Ordinance for the Downtown Transition Overlay (D.E.-O) zoning district; and WHEREAS, the proposed Project is compatible with the uses in the vicinity of the location on Alessandro Drive and conforms to the zoning designation and overlay district; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the proposed Project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the Director of Development Services has determined that the Project will not have a significant impact on the environment and that the Project is categorically exempt under Article 19, Section 15301 Existing Facilities (Class 1) of the CEQA Guidelines, and is not subject to any exceptions as identified in CEQA Guidelines Section 15300.2; therefore, no further environmental review is necessary; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of August 2023, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request, subject to conditions; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; 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: Page 11 of 51 PLANNING COMMISSION RESOLUTION NO. 2840 2 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. Under PDMC Section 25.72.050(F), the findings for the conditional use permit are the following: 1. That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located. The proposed location is zoned Downtown Transition Overlay (DE-O), and religious institutions are permitted with a Conditional Use Permit. The DE-O zoning district is designed to ensure appropriate scaling transitions to neighboring residential areas, allowing for housing development as well as civic, cultural, and personal services uses. Professional offices, commercial businesses, and residential dwellings are the predominant uses in the surrounding area. The nature of the proposed use would not change the character of the existing office complex in a way that would affect the purpose of the DE-O zone. The church is located within an existing office building and does not propose any structural or exterior changes that would alter the appearance of the site. 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 religious institution will not be detrimental to public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. Other places of worship with similar use intensities have been established within the City in centers with tangential uses. This type of use is not generally anticipated to create adverse impacts on health, safety, or welfare. The use will operate within an existing office building. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The proposed use, as conditioned, will comply with the objective requirements of the zoning ordinance. The site complies with the intent and purpose of the DE-O zoning district and development standards, as no modifications are proposed. There are 128 parking spaces in the interior parking lot and the existing uses already create a demand for 114 spaces. Because the church requires seventeen (17) parking spaces at a parking ratio of one space per three fixed seats, the parking is deficient by three spaces. However, the applicant has proposed a schedule that will ensure peak parking demand does not coincide with surrounding businesses. Attendees who come for the service or pastoral counseling use the parking lot during hours when nearby businesses are closed or about to close. Therefore, staff does not find this deficiency to be a significant concern. Page 12 of 51 PLANNING COMMISSION RESOLUTION NO. 2840 3 4. That the proposed conditional use complies with the goals, objectives, and policies of the City’s General Plan. The project site has a General Plan land use designation of Downtown District. This land use designation is intended to provide a variety of civic, cultural, entertainment, retail, restaurant, and commercial services. The proposed use is a religious institution within an existing office complex. As presented and conditioned, the church does not significantly alter the character of the complex or inhibit the function of the office complex. Furthermore, the proposed hours of operation for the church are scheduled in a way that will not interfere with the surrounding businesses' peak attendance and parking demand. 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 exempt from CEQA per Section 15301 of the State CEQA guidelines as the Project is a Class 1 Existing Facilities. Class 1 is intended for projects involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The proposed church would involve minor interior improvements to accommodate the proposed use. As analyzed, the Project involves the establishment of a 2,400-square-foot religious institution within an existing office suite. The proposed Project complies with the development standards within the D.E.-O zoning designation and does not result in any additional square footage. The Project does anticipate minor interior alterations such as interior partitions, plumbing, and electrical conveyances to bring the suite up to California Building Code standards. Additionally, the Project is not subject to any of the exceptions for categorical exemptions identified in CEQA Guidelines Section 15300.2: 1) The Project qualifies as a Class 1 exemption, which is not listed as one of the classes under 15300.2 (A). The Project is not located on a site where it may have an adverse impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The Project site will not impact designated environmental or biological resources as it is not located within a conservation area as identified by the (MSHCP). 2) The Project will not have a cumulative impact on the environment. The proposal does not propose any structural changes to the site which would result in increased square footage or a demand for more resources. The proposal does require additional parking to support the proposed use, however, the staggered hours of operation offer enough relief to avoid vehicular congestion. 3) There are no unusual circumstances identified in relation to the proposed use or Project site which would result in a significant impact on the environment. The Project site is not located within a flood zone per the latest FEMA Flood Zone Maps. The Page 13 of 51 PLANNING COMMISSION RESOLUTION NO. 2840 4 Project site is located within an Urban Unzoned area per Fire Hazard Severity Zone maps depicted in Figure 8.5 on Page 119 of the General Plan. The project site is not identified within an Alquist-Priolo Fault Zone per the latest maps on file with the California Department of Conservation; the nearest fault zone is the San Andreas Fault located north of the Palm Desert City Limits. 4) The Project site is not located within proximity of any officially designated state Scenic Highway. The nearest officially designated scenic highway is Highway 74, south of Highway 111, located approximately 3 miles southwest of the site. 5) Hazardous Waste Site: The Project site has not been identified as a hazardous waste site per maps and databases provided by the California Department of Toxic Substances Control (DTSC). 6) The Project site does not contain any structure or title that would designate it as a historical resource. Therefore, the project will not cause a substantial adverse change in the significance of a historical resource. SECTION 4. Project Approval. The Planning Commission hereby recommends approval of CUP23-0006; 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. CUP23-0006. ADOPTED ON August 15, 2023. JOSEPH PRADETTO CHAIRPERSON Page 14 of 51 PLANNING COMMISSION RESOLUTION NO. 2840 5 ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2840 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 August 15, 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 August ____, 2023. RICHARD D. CANNONE, AICP SECRETARY Page 15 of 51 PLANNING COMMISSION RESOLUTION NO. 2840 6 EXHIBIT “A” CONDITIONS OF APPROVAL CASE NOS. CUP23-0006 PLANNING DIVISION: 1. The development and operations of the property shall conform substantially with exhibits on file with the Development Services Department, included as Exhibit “B” of this resolution, except as modified by the following conditions. Any variation from the approved plans must be reviewed and approved by the Planning Division prior to building permit issuance and may require review and approval by the Director of Development Services, ARC, Planning Commission, and/or City Council. 2. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these Project Approvals for the Project, or the Project Approvals themselves, the Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. The 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. 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. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved development standards listed in the PDMC, and state and federal statutes now in force, or which hereafter may be in force. 4. The CUP shall expire if construction of the said Project shall not commence within 24 months from the date of final approval, or a certificate of occupancy is issued for the structure, 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. Page 16 of 51 PLANNING COMMISSION RESOLUTION NO. 2840 7 5. The approved CUP shall only be modified with written City approval per PDMC Chapter 25.72.050. Any proposed changes to this CUP will require an amendment to the application, which may result in a new public hearing. 6. This approval authorizes the establishment of a 2,400-square-foot religious institution within the existing commercial space located within in Suite 102 of Building C at 73726 Alessandro Drive. 7. The use shall operate according to the hours specified in the approved Statement of Operations on file with the Department of Development Services and attached hereto as Exhibit "B" of this Resolution. Any changes to the hours of operation must be reviewed and approved by the Planning Division, and may require review and approval by the ARC, Planning Commission, and/or City Council. 8. The teaching room shall be used for religious services during the hours specified in the approved Statement of Operations on file with the Department of Development Services and attached hereto as Exhibit “B” of this Resolution. The teaching room shall not be used outside the approved hours of operation. 9. The maximum attendance shall be limited to 50 seats at any single time. Requests to increase the allowed attendance will require an amendment to the Conditional Use Permit. 10. 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. 11. The Applicant shall execute a written acknowledgment to the Planning Division stating acceptance of and compliance with all the Conditions of Approval of Resolution No. 2840 for CUP23-0006 and that the plans submitted are in compliance with the Conditions of Approval. No modifications shall be made to said plans without written approval from the appropriate decision-making body. 12. Prior to the issuance of a building permit for 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) Public Works Department Fire Department 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. Page 17 of 51 PLANNING COMMISSION RESOLUTION NO. 2840 8 13. The Applicant or any successor in interest shall comply with all applicable local, state, and federal laws and regulations. 14. 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. 15. This approval does not include approval of any new exterior signage. New exterior signage shall be submitted to the City for review and approval and comply with Chapter 25.56 of the PDMC at all times. 16. The Applicant shall provide payment for filing fees for the Notice of Exemption within five (5) days of project approval. BUILDING AND SAFETY DIVISION: 17. Any alteration or addition to the existing floor plan layout, use of areas, or occupancy will require a tenant improvement building permit. 18. The Applicant shall coordinate directly with: Riverside County Fire Marshall’s Office CAL FIRE/Riverside County Fire Department Main: (760) 863-8886 77933 Las Montañas Road, Suite 201 Palm Desert, CA 92211 END OF CONDITIONS OF APPROVAL Page 18 of 51 PLANNING COMMISSION RESOLUTION NO. 2840 9 EXHIBIT “B” APPROVED EXHIBITS Page 19 of 51 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@CITYOFPALMDESERT.ORG CITY OF PALM DESERT PUBLIC HEARING NOTICE CASE NO. CUP23-0006 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 PHILLIP GARZA FOR THE ADOPTION OF A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A CONDITIONAL USE PERMIT (CUP) TO ESTABLISH A PLACE OF WORSHIP WITHIN AN EXISTING COMMERCIAL SUITE LOCATED AT 73726 ALESSANDRO DRIVE, SUITE 102 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 categorically exempt under Article 19 Section 15301 Existing Facilities (Class 1) of the CEQA Guidelines; therefore, no further environmental review is necessary, and that a Notice of Exemption can be adopted as part of this project. PROJECT LOCATION/DESCRIPTION: PROJECT LOCATION: 73726 Alessandro Drive, Suite 102 (APN 627-171-021) PROJECT DESCRIPTION: The project proposes to establish a 2,480-square-foot place of worship within an existing commercial suite located at 73726 Alessandro Drive, Suite 102. Fresh Fire World Ministries will operate the place of worship. 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 August 15, 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 73510 Fred Waring Drive Palm Desert, CA 92260 (760) 3466-0611, Extension 309 adan@palmdesert.gov PUBLISH: THE DESERT SUN RICHARD D. CANNONE, AICP, SECRETARY AUGUST 4, 2023 PALM DESERT PLANNING COMMISSION Page 20 of 51 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: CUP23-0006 2. Project Applicant: Philip Garza 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): 73726 Alessandro Drive, Suite 102 in Palm Desert in Riverside County. Cross streets are Alessandro Drive and San Juan Avenue. 4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside 5. Description of nature, purpose, and beneficiaries of Project: The Applicant, Philip Garza, requests to establish a 2,400 square-foot place of worship (Church) within an existing suite in an existing office building. The Church will be operated by Fresh Fire Worldwide Ministries. 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: Philip Garza 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 §15301 – “Class 1 – Existing Facilities” (e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) Statutory Exemption. State Code section number: (g) Other. Explanation: 9. Reason why project was exempt: This Project is exempt from CEQA per Section 1503 of the CEQA Guidelines as the project is a Class 1 Page 21 of 51 Notice of Exemption FORM “B” Exemption for Existing Facilities. The Project consists of minor interior improvements to an existing structure that will not result in any additional square footage. The project is consistent with the City’s General Plan and applicable zoning regulations. The site is serviced by the appropriate utilities and would not result in significant negative impacts on traffic, noise, air quality or water quality. 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: August 15, 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. Page 22 of 51 All services last up to one hour, with follow-up meetings and gatherings lasting an additional 1-2 hours. ** * Page 23 of 51 Address: 73726 Alessandro Dr. Suite 102, Palm Desert, CA 92260 APN: 627-171-023 Zoning: DE-O Lot Area: 0.47 acres Total Project Area: 2,480 sf Gallery Area: 1,800 sf Building A Total Area: 6,320 sf Building B Total Area: 10,122 sf Building C Total Area: 18,182 sf Applicant Contact Informa�on: Property Owner Contact Informa�on: Phillip Garza Tahoma I, LLC 760.501.5792 JWA, LLC Philgarza642@gmail.com ABA Palm Desert, LLC C/O Baxley Proper�es 760.773.3310 Project Area Suite 102 Page 24 of 51 Page 25 of 51 Suite: A1 73710 Alessandro Dr. (A) Use: Cosmetic Surgery Institute Usable Square footage: 6,320 Hours: 9:00-4:30 M-TH 9:00-2:00 F 73726 Alessandro Dr. (C) 73712 Alessandro Dr. (B) Suite: B1 Use: Desert Serenity Float Usable Square footage: 2,500 Hours: 10:00-4:00 W-TH 12:00-6:00 F 10:00-6:00 SAT 12:00-6:00 SUN B2 Path Pilates 2,500 9:00-5:00 M, W 8:00-5:30 TUES,W 9:00-1:00 F 9:00-11:00 SAT, SUN B3 Desert Valley Nursing 2,500 9:00-4:00 M-TH B4 Baxley Properties Inc. 2,500 8:30-4:30 M-F Page 26 of 51 Page 1 of 6 CITY OF PALM DESERT STAFF REPORT MEETING DATE: August 15, 2023 PREPARED BY: Anna Dan, Associate Planner REQUEST: CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF AN ADMINISTRATIVE USE PERMIT (AUP) TO ESTABLISH A 2,030-SQUARE-FOOT BAR/LOUNGE WITH A 304-SQUARE-FOOT OUTDOOR PATIO, WITHIN AN EXISTING COMMERCIAL SUITE LOCATED AT 72221 HIGHWAY 111, SUITE 110 RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution No. 2839 to: 1. Conduct a public hearing and receive public testimony. 2. Adopt a Notice of Exemption for a Class 1 Categorical Exemption in accordance with CEQA Guidelines Section 15301, Existing Facilities. 3. Approve AUP23-0009 to establish a 2,030-square-foot bar/lounge with a 304-square-foot outdoor patio, within an existing commercial suite located at 72221 Highway 111, Suite 110 subject to findings and conditions. EXECUTIVE SUMMARY: The proposed project is a request by Adam Gilbert, Applicant, to approve an Administrative Use Permit (AUP) to establish a 2,030-square-foot bar/lounge with a 304-square-foot outdoor patio (Bar) at 72221 Highway 111, Suite 110, and find that the project is exempt from further CEQA review. The proposed use is located within an existing single-story, multi-tenant commercial building and will be operated by Adults Only Palm Desert. The project will require some minor tenant improvements, such as adding an outdoor patio, but no structural modifications to the building are proposed. The bar/lounge will operate in the evenings, closing at 12:00 a.m. on weekdays and 2 a.m. on weekends. BACKGROUND/ANALYSIS: a) Property Description: The project site is an existing multi-tenant 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 15,946 square feet (sf). 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 fifty-nine (59) spaces, accessible from Fred Waring Drive and Painters Path, and has access to Page 27 of 51 City of Palm Desert Case No. AUP23-0009 Adults Only Palm Desert Page 2 of 6 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 sf and was previously occupied by a private gym. The rest of the commercial center has four (4) additional buildings, including one (1) multi-tenant building and three (3) single-tenant buildings that each have a restaurant. On July 18, 2023, The Planning Commission adopted Resolution No. 2838 approving Case No. Use Determination (UD)23-0001, deeming the subject bar/lounge a permitted use in the PC-2 zoning district subject to an AUP referred to the Planning Commission. This determination was made due to similarities between bar/lounge uses and restaurant uses. Staff finds the currently proposed bar/lounge by the Applicant complies with the determination made by UD 23-0001, the intent and objectives of the applicable zoning requirements and is compatible with the surrounding land uses with the conditions established in the approval. 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) 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), which is currently scheduled for City Council consideration on August 24, 2023, at a public hearing. Approval of this AUP would allow for the operation of a bar/lounge within the PC-2 zoning district, consistent with Planning Commission Resolution No. 2838 for Case No. UD23-0001. The only modifications proposed to the exterior of the building is the addition of a new 304- square-foot outdoor, uncovered patio with a 3-foot-tall wrought iron fence. Project Description/Analysis: The project is an AUP request by Adam Gilbert to establish a bar/lounge within an existing single-story, multi-tenant building located at 72221 Highway 111, Suite 110. The suite is located on the northeastern end of the project boundary. The use is a full-time bar and entertainment venue that will be open to the public, and also available for private events. The Page 28 of 51 City of Palm Desert Case No. AUP23-0009 Adults Only Palm Desert Page 3 of 6 proposed floor plan of the bar/lounge includes a lobby, a main dining area with fixed and bar seating, an outdoor patio, a kitchen, and restrooms. The bar/lounge will serve bar food items and offer regular entertainment, such as live music, theater performances, and art displays. The staff will consist of five (5) to eight (8) individuals, including a manager, bartenders, barbacks, and security guards. Table 2 below outlines the hours of operations for the bar/lounge. The establishment will operate on Tuesday to Thursday from 5:00 p.m. to 12:00 a.m., Friday to Saturday from 5:00 p.m. to 2:00 a.m., and Sundays from 12:00 p.m. to 12:00 a.m. The bar/lounge will be closed on Mondays. Any amendments to the proposed hours of operation is subject to the discretion of the Zoning Administrator and Department of Alcoholic Beverage Control and shall require a modification of the approved conditions. After hours use of the facility, other than for routine clean-up maintenance, and deliveries will not be permitted. Table 2 – Proposed Hours of Operation Day of the Week Hours of Operation Tuesday—Thursday 5:00 p.m. – 12:00 a.m. Friday—Saturday 5:00 p.m. – 2:00 a.m. Sunday 12:00 p.m. – 12:00 a.m. Approval of an AUP is subject to the findings listed under PDMC 25.64.040. As part of the AUP review process, staff and the Planning Commission will review the project and make findings based on the following: A. Land Use Compatibility The majority of businesses located on the project site are restaurants, professional offices, and personal services. These businesses operate on weekdays during daytime hours with some restaurants open until 10:00 p.m. or 11:00 p.m. Despite the bar having a different land use intensity, its operations are similar to that of a restaurant. The bar/lounge does offer regular live entertainment, and it will be subject to an Entertainment Site Plan as regulated by PDMC 5.100.030. Most businesses can also offer entertainment under the same plan, which is subject to regulations such as the Noise Ordinance. B. Site Plan The property is currently suitable for the intended use, as it has the appropriate size, shape, topography, location, and utilities. The bar/lounge will be situated entirely within one suite in an existing commercial building, and the addition of a 304-square-foot uncovered, outdoor patio. Access to the bar/lounge is available from two different entrances off Painters Path and Fred Waring Drive. C. Parking According to the regulations of PDMC 25.46.040, the proposed bar/lounge will require a total of nineteen (19) parking spaces. The interpretation is that the parking requirement should be similar to that of a restaurant, which requires eight (8) parking spaces per 1,000 square feet. With a total floor area of 2,334-square-feet, the bar/lounge requires nineteen (19) spaces. The suite has access to 508 parking spaces within the center. Staff does not anticipate the bar/lounge will cause a parking shortage Page 29 of 51 City of Palm Desert Case No. AUP23-0009 Adults Only Palm Desert Page 4 of 6 since it operates during hours when most other businesses in the center are closed. The remaining open businesses are restaurants, but their varying service intensities should not cause any significant conflicts. Public Input: Public noticing was conducted for the August 15, 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, August 4, 2023, in The Desert Sun newspaper. Notices were mailed to all property owners within 300 feet of the project site for a total of fourteen (14) public hearing notices mailed. No comments have been received at the time of writing this report. Environment Review: City staff has reviewed the project in accordance with CEQA and determined that the project is exempt from environmental review pursuant to Section 15301 Existing Facilities (Class 1) of the State CEQA Guidelines. Class 1 applies to projects involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project consists of a bar/lounge with a lobby, a main dining area with fixed and bar seating, an outdoor patio, a kitchen, and restrooms. The proposed bar/lounge would require minor interior improvements and the construction of an outdoor patio. The project will not involve any further expansion of the existing building. The project is consistent with the Suburban Retail Center General Plan designation, as well as the District Commercial Center zoning designation. Pursuant to Section 15300.2 of the CEQA Guidelines, a Class 1 exception may not be used if the project falls into any exceptions: 1. Location: The Project qualifies as a Class 1 exemption, which is not listed as one of the classes under 15300.2 (A). The Project is not located on a site where it may have an adverse impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The Project site will not impact designated environmental or biological resources as it is not located within a conservation area as identified by the (MSHCP). 2. Cumulative Impact: The Project will not have a cumulative impact on the environment. The proposal does not propose any structural changes to the site which would result in increased square footage or a demand for more resources. The only addition is an outdoor, uncovered patio which consists of flatwork. There is sufficient parking on the project site to accommodate the new use and to avoid vehicular congestion. 3. Significant Effect: There are no unusual circumstances identified in relation to the proposed use or Project site which would result in a significant impact on the environment. The Project site is not located within a flood zone per the latest FEMA Flood Zone Maps. The Project site is located within a Very High area per Fire Hazard Severity Zone maps depicted in Figure 8.5 on Page 119 of the General Plan. The nearest fire station is located less than ½ mile east of the project site. The project site is not identified within an Alquist-Priolo Fault Zone per the latest maps on file with the Page 30 of 51 City of Palm Desert Case No. AUP23-0009 Adults Only Palm Desert Page 5 of 6 California Department of Conservation; the nearest fault zone is the San Andreas Fault located north of the Palm Desert City Limits 4. Scenic Highways: The Project site is not located within proximity of any officially designated state Scenic Highway. The nearest officially designated scenic highway is Highway 74, south of Highway 111, located less than 1 mile southeast of the site. 5. Hazardous Waste Site: The project site has not been identified as a hazardous waste site per maps and databases provided by the California Department of Toxic Substances Control (DTSC). 6. Historical Resources: The project site does not contain any structure or title that would designate it as a historical resource. Therefore, the project will not cause a substantial adverse change in the significance of a historical resource. Findings of Approval: In accordance with PDMC 25.72.050 (D), the following findings are required before granting an Administrative Use Permit: 1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this zoning code, municipal code, general plan, and any applicable specific plans or City regulations/standards. The subject property has a zoning designation of Resort Commercial Center (PC-4) with pending approval of a change of zone to District Commercial Center (PC-2) by City Council. The Planning Commission approved UD23-0001 deeming the subject bar/lounge is similar to a restaurant and a permitted use in the PC-2 zone subject to an Administrative Use Permit. The site is developed with a single-story, multi-tenant commercial building with seven (7) suites, four (4) of which are occupied by a restaurant, tattoo shop, dog grooming business, and private gym. The surrounding uses consist of restaurants and personal services uses. The existing site complies with the applicable zoning code requirements for height, setbacks, land use compatibility, parking, and lot coverage. The Los Sombras center is designed for reciprocal parking with approximately 508 total parking spaces, and the project parcel has fifty-nine (59) of those spaces. Under the PDMC Table 25.46-1 Parking Schedule, restaurants require (8) parking spaces per 1,000 sq. ft. Therefore, there is a demand for nineteen (19) parking spaces. The proposed use would have minimal impacts on parking giving the availability of spaces and the staggered hours of operations. The subject property is designated Suburban Retail Center per the General Plan Land Use Element. The Suburban Retail Center land use designation allows big box retail and commercial uses. The proposed use of a bar/lounge is compatible with the other existing restaurant, commercial, and personal services uses within the area. The property does not have any applicable specific plans or any other City regulations/standards. 2. The site is physically suited for the type, density, and intensity of the proposed use, including access, utilities, and the absence of physical constraints, and can be conditioned to meet all related performance criteria and development standards. Page 31 of 51 City of Palm Desert Case No. AUP23-0009 Adults Only Palm Desert Page 6 of 6 The site is consistent with the purpose and intent of the City’s Zoning Ordinance. The project is located within an existing commercial building with sufficient parking. The site has been previously designed to meet access, utilities, setbacks, lot coverage, building height, land use, and parking requirements for nonresidential uses. The addition of a bar/lounge would be similar to the use intensity of a restaurant, except for later hours of operation. The proposed project does not pose a conflict regarding land use and can be conditioned to meet all related performance criteria and development standards within the City’s Zoning Ordinance. 3. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. The proposed use will operate entirely within the confines of an existing commercial suite within an existing commercial building and will not result in any changes to the exterior or surrounding properties except for a new outdoor patio that will require minimal alterations. The project is regulated by the conditions set forth in this AUP and the PDMC which regulates public nuisances such as noise. Therefore, the use would not be detrimental to the public interest, health, safety, welfare, and materially injurious to properties in the vicinity. REVIEWED BY: Department Director: Richard Cannone, AICP Principal Planner Nick Melloni, AICP ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2839 2. Public Hearing Notice 3. CEQA Notice of Exemption 4. Statement of Use 5. Project Plans Page 32 of 51 PLANNING COMMISSION RESOLUTION NO. 2839 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 AN ADMINISTRATIVE USE PERMIT (AUP) TO ESTABLISH A 2,030-SQUARE-FOOT BAR/LOUNGE WITH A 304- SQUARE-FOOT OUTDOOR PATIO AT 72221 HIGHWAY 111, SUITE 110 CASE NO. AUP23-0009 WHEREAS, Adam Gilbert (“Applicant”), submitted an AUP application to establish a new 2,030-square-foot bar/lounge with a 304-square-foot outdoor patio located at 72221 Highway 111, Suite 110 (“Project”); and WHEREAS, the project site is currently within the Resort Planned Commercial (PC-4) zoning designation and is designated Suburban Retail Center by the Palm Desert General Plan; and WHEREAS, the project site is subject to a pending Change of Zone (Planning Case No. CZ23-0001) to change the zoning designation of the project site from PC-4 to District Planned Commercial (PC-2); and WHEREAS, on July 18, 2023, the Planning Commission of the City of Palm Desert adopted Resolution No. 2838, adopting a Use Determination (Planning Case No. UD23-0001) finding that bars/lounges are similar to restaurant land uses within the PC-2 zoning designation and may be allowable by AUP; and WHEREAS, the Zoning Administrator is the designated approval authority for the Administrative Use Permit but may refer an application to the Planning Commission for review and approval; and, WHEREAS, the proposed Project conforms to the General plan land use designation of the Suburban Retail Center and development standards listed in the City’s Zoning Ordinance for the PC-2 zoning district; and WHEREAS, the proposed Project is compatible with the land uses in the vicinity of the location on Fred Waring Drive and Painters Path, and conforms to the zoning designation and overlay district; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the 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 pursuant to Section 15061(b)(3) General Rule of the CEQA Guidelines, and is not subject to any Page 33 of 51 PLANNING COMMISSION RESOLUTION NO. 2839 2 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 15th day of August 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 Administrative Use Permit. Under PDMC Section 25.64.040(D), the findings for the administrative use permit are the following: 1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this zoning code, municipal code, general plan, and any applicable specific plans or City regulations/standards. The subject property has a zoning designation of Resort Commercial Center (PC-4) with pending approval of a change of zone to District Commercial Center (PC-2) by City Council. The Planning Commission approved UD23-0001 deeming the subject bar/lounge is similar to a restaurant and a permitted use in the PC-2 zone subject to an Administrative Use Permit. The site is developed with a single-story, multi-tenant commercial building with seven (7) suites, four (4) of which are occupied by a restaurant, tattoo shop, dog grooming business, and private gym. The surrounding uses consist of restaurants and personal services uses. The existing site complies with the applicable zoning code requirements for height, setbacks, land use compatibility, parking, and lot coverage. The Los Sombras center is designed for reciprocal parking with approximately 508 total parking spaces, and the project parcel has 59 of those spaces. Under the PDMC Table 25.46-1 Parking Schedule, restaurants require 8 parking spaces per 1,000 sq. ft. Therefore, there is a demand for 19 parking spaces. The proposed use would have minimal impacts on parking given the availability of spaces and the staggered hours of operations. The subject property is designated Suburban Retail Center per the General Plan Land Use Element. The Suburban Retail Center land use designation allows big box retail and commercial uses. The proposed use of a bar/lounge is compatible with the other existing restaurant, commercial, and personal services uses within the area. The property does not have any applicable specific plans or any other City regulations/standards. Page 34 of 51 PLANNING COMMISSION RESOLUTION NO. 2839 3 2. The site is physically suited for the type, density, and intensity of the proposed use, including access, utilities, and the absence of physical constraints, and can be conditioned to meet all related performance criteria and development standards. The site is consistent with the purpose and intent of the City’s Zoning Ordinance. The project is located within an existing commercial building with sufficient parking. The site has been previously designed to meet access, utilities, setbacks, lot coverage, building height, land use, and parking requirements for nonresidential uses. The addition of a bar/lounge would be similar to the use intensity of a restaurant, except for later hours of operation. The proposed project does not pose a conflict regarding land use and can be conditioned to meet all related performance criteria and development standards within the City’s Zoning Ordinance. 3. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. The proposed use will operate within the confines of an existing commercial building and will not result in any changes to the exterior or surrounding properties except for a new outdoor patio that will require minimal alterations. The project is regulated by the conditions set forth in this AUP and the PDMC which regulates public nuisances such as noise. Therefore, the use would not be detrimental to the public interest, health, safety, or welfare, and will not be materially injurious to properties in the vicinity. 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 exempt from CEQA per Section 15301 of the State CEQA guidelines as the Project is a Class 1 Existing Facilities. Class 1 is intended for projects involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The proposed bar/lounge would involve minor interior improvements and the addition of a new outdoor, uncovered patio. As analyzed, the Project involves the establishment of a 2,030- square-foot bar/lounge with a 304-square-foot outdoor patio at an existing commercial suite. The proposed Project complies with the development standards within the PC-2 zoning designation and does not result in additional building square footage. The Project does anticipate minor interior alterations such as interior partitions, plumbing, and electrical conveyances to bring the suite up to California Building Code standards. Additionally, the Project is not subject to any of the exceptions for categorical exemptions identified in CEQA Guidelines Section 15300.2: 1) The Project qualifies as a Class 1 exemption, which is not listed as one of the classes under 15300.2 (A). The Project is not located on a site where it may have an adverse impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The Project site will not impact designated environmental or Page 35 of 51 PLANNING COMMISSION RESOLUTION NO. 2839 4 biological resources as it is not located within a conservation area as identified by the (MSHCP). 2) The Project will not have a cumulative impact on the environment. The Project will not have a cumulative impact on the environment. The proposal does not propose any structural changes to the site which would result in increased square footage or a demand for more resources. The only addition is an outdoor, uncovered patio which consists of flatwork. There is sufficient parking on the project site to accommodate the new use and to avoid vehicular congestion. 3) There are no unusual circumstances identified in relation to the proposed use or Project site which would result in a significant impact on the environment. The Project site is not located within a flood zone per the latest FEMA Flood Zone Maps. The Project site is not located within a flood zone per the latest FEMA Flood Zone Maps. The Project site is located within a Very High area per Fire Hazard Severity Zone maps depicted in Figure 8.5 on Page 119 of the General Plan. The nearest fire station is located less than ½ mile east of the project site. The project site is not identified within an Alquist-Priolo Fault Zone per the latest maps on file with the California Department of Conservation; the nearest fault zone is the San Andreas Fault located north of the Palm Desert City Limits. 4) The Project site is not located within proximity of any officially designated state Scenic Highway. The nearest officially designated scenic highway is Highway 74, south of Highway 111, located less than 1 mile southeast of the site. 5) Hazardous Waste Site: The Project site has not been identified as a hazardous waste site per maps and databases provided by the California Department of Toxic Substances Control (DTSC). 6) The Project site does not contain any structure or title that would designate it as a historical resource. Therefore, the project will not cause a substantial adverse change in the significance of a historical resource. SECTION 4. Project Approval. The Planning Commission hereby recommends approval of AUP23-0009; 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: Page 36 of 51 PLANNING COMMISSION RESOLUTION NO. 2839 5 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. AUP23-0009. ADOPTED ON August 15, 2023. JOSEPH PRADETTO CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2839 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 August 15, 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 August ____, 2023. RICHARD D. CANNONE, AICP SECRETARY Page 37 of 51 PLANNING COMMISSION RESOLUTION NO. 2839 6 EXHIBIT “A’ CONDITIONS OF APPROVAL CASE NO. AUP23-0009 PLANNING DIVISION: 1. The development of the property shall conform substantially with the approved plans and exhibits attached as Exhibit B of this Resolution, except as modified by the following conditions. Any variation from the approved plans must be reviewed and approved by the Planning Division prior to building permit issuance and may require review and approval by the ARC, Planning Commission, and/or City Council. 2. This approval is contingent upon the final approval of Change of Zone 23-0001. 3. 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. 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. 4. 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. 5. The AUP 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. Page 38 of 51 PLANNING COMMISSION RESOLUTION NO. 2839 7 6. 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. 7. The approved AUP shall only be modified with written City approval per PDMC Chapter 25.64.040. Any proposed changes to this AUP will require an amendment to the application, which may require review and approval by the ARC, Planning Commission, and/or City Council. 8. This approval authorizes the operation of a 2,030-square-foot bar/lounge with seating with a 304-square-foot outdoor patio with seating which shall operate at 72221 Highway 111, Suite 110. 9. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 10. The applicant shall submit a California Penal Code § 602 form prior to the approval of a business license application and shall renew the form on an annual basis. 11. The use shall operate according to the hours specified in the approved Statement of Operations attached as Exhibit B of this Resolution. Any amendments to the proposed hours of operation is subject to the discretion of the Zoning Administrator and Department of Alcoholic Beverage Control and shall require a modification of the approved conditions. After-hours use of the facility, other than for routine clean-up maintenance, and deliveries will not be permitted. 12. The Applicant shall execute a written acknowledgment to the Planning Division stating acceptance of and compliance with all the Conditions of Approval of Resolution No. 2839 for AUP23-0009 and that the plans submitted are in compliance with the Conditions of Approval. No modifications shall be made to said plans without written approval from the appropriate decision-making body. 13. 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) Public Works Department Fire Department Building and Safety Division California Department of Alcoholic Beverage Control Riverside County Department of Health 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. Page 39 of 51 PLANNING COMMISSION RESOLUTION NO. 2839 8 14. 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. 15. The Applicant shall comply with all rules and regulations of the California Department of Alcoholic Beverage Control pertaining to the sale and consumption of alcohol. 16. Failure to comply with any of these conditions will result in the revocation of this permit subject to PDMC 25.60. 17. Parking shall be provided in compliance with the Palm Desert Municipal Code (PDMC) and to the satisfaction of the Department of Development Services. No variance from the parking requirements has been requested or granted herein. 18. The Applicant shall comply with PDMC Chapter 9.24 for Noise Control Requirements. No loud or disturbing music, sound, or noise shall be detectable from the exterior of the premises. 19. All sound resulting from the business and/or live entertainment activities shall be contained within the building in compliance with city noise regulations. No entertainment activities shall be allowed on the building exterior. Outdoor music may be played on the outdoor patio and shall comply with the Noise Control Requirements of PDMC 9.24. Any outdoor music on the patio shall be turned off no later than 10:00 PM. 20. Prior to final occupancy, the Applicant shall submit an Entertainment Site Plan in accordance with PDMC Section 5.100.030. The Entertainment Site Plan shall be reviewed and approved by the Director of Development Services. In the event that the submitted Entertainment Site Plan deviates from the approved documents specified in this permit or complaints are received, the Director may impose additional conditions or mitigation measures. 21. The Applicant shall remove litter from the premises, and adjacent public sidewalks and parking lots daily, and shall keep the areas swept weekly to prevent debris buildup. Trash cans shall be added and "No Littering" signs shall be posted on the premises. 22. The Applicant shall not permit any loitering on the premises or on property adjacent to the premises. 23. Prior to the operation of any private event, the Applicant shall apply for a Special Event Temporary Entertainment Permit pursuant to PDMC Section 5.100.020. The premises shall not be used exclusively for private parties in which the general public is excluded. 24. Prior to final occupancy, the applicant shall submit a lighting plan and shall provide nighttime lighting of the building exterior. The lighting shall be of sufficient illumination so as to enable law enforcement personnel to identify a person. Page 40 of 51 PLANNING COMMISSION RESOLUTION NO. 2839 9 25. All new exterior lighting shall be fully shielded to prevent glare unless otherwise approved by the Director of Development Services. The exterior light sources shall be oriented away from the adjacent public right-of-way and residential properties. Lighting shall be oriented to minimize upward glare and light trespass into the night sky to the greatest extent feasible. 26. The requirements of Palm Desert Municipal Code Chapter 8.36 regarding smoking shall be complied with at all times. 27. All permanent and temporary exterior signage shall comply with PDMC 25.56. 28. Only the front door shall be used for patron access. All other doors shall be equipped on the inside with an automatic locking device and shall be kept closed at all times other than to permit temporary access for delivery of supplies and trash removal. These doors shall be solid. 29. Prior to final occupancy, the applicant shall submit a final security plan to the City for review and acceptance by the Riverside County Sheriff's Department. 30. The Applicant shall provide payment for filing fees for the Notice of Exemption within five (5) days of project approval. BUILDING AND SAFETY DIVISION: 1. Any alteration or addition to the existing floor plan layout, use of areas, or occupancy will require a tenant improvement building permit. 2. The Applicant shall coordinate directly with: Riverside County Fire Marshall’s Office CAL FIRE/Riverside County Fire Department Main: (760) 863-8886 77933 Las Montañas Road, Suite 201 Palm Desert, CA 92211 END OF CONDITIONS OF APPROVAL Page 41 of 51 PLANNING COMMISSION RESOLUTION NO. 2839 10 EXHIBIT B APPROVED PLANS AND EXHIBITS Page 42 of 51 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. AUP23-0009 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 ADAM GILBERT FOR THE ADOPTION OF A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF AN ADMINISTRATIVE USE PERMIT (AUP) TO ESTABLISH A 2,030-SQUARE-FOOT BAR/LOUNGE WITHIN AN EXISTING COMMERCIAL SUITE 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 categorically exempt under Article 19 Section 15301 Existing Facilities (Class 1) of the CEQA; therefore, no further environmental review is necessary, and that a Notice of Exemption can be adopted as part of this project. 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 suite located at 72221 Highway 111, Suite 110. The bar/lounge bar will be operated by Adults Only 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 August 15, 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 AUGUST 4, 2023 PALM DESERT PLANNING COMMISSION Page 43 of 51 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: AUP23-0009 2. Project Applicant: Adam Gilbert 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 33614. 4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside 5. Description of nature, purpose, and beneficiaries of Project: The Applicant, Adam Gilbert, requests to establish a 2,030 square-foot Bar/Lounge within an existing suite in an existing commercial building. The Bar/Lounge will be operated by Adults Only Palm Desert. 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: Adam Gilbert 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 §15301 – “Class 1 – Existing Facilities” (e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) Statutory Exemption. State Code section number: (g) Other. Explanation: 9. Reason why project was exempt: This Project is exempt from CEQA per Section 1503 of the CEQA Guidelines as the project is a Class 1 Page 44 of 51 Notice of Exemption FORM “B” Exemption for Existing Facilities. The Project consists of minor interior improvements, as well as the addition of a new uncovered, outdoor patio. The project is consistent with the City’s General Plan and applicable zoning regulations. The site is serviced by the appropriate utilities and would not result in significant negative impacts on traffic, noise, air quality or water quality. 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: August 15, 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. Page 45 of 51 Page 46 of 51 Page 47 of 51 NOPARKINGNOPARKINGEV CAPABLEEV CAPABLEEV CAPABLEEV CAPABLEEV CAPABLEAPN: 640-020-008 EXISTING BUILDING APN: 640- 0 2 0 - 0 5 4 APN: 640-020-007 OLIVE GARDEN BUILDING HWY. 1 1 1 PAINTERS PATH PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEPRO P E R T Y L I N E PRO P E R T Y L I N E PROPERTY LINEPROPERTY LINE PROPER T Y L I N E 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 Page 48 of 51 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"ADAHWY. 1 1 1 PAINTERS PATH PLPLPLPLPRO P E R T Y LI N E PROPERTY LINE SITE PLAN SCALE: 1" = 30'-0"(E) B UI L DI N 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 PL PL A D U L T O N L Y (E ) T R A S H E N C L O S U R E CON C R E T E P A TI O & SI D E W A L K CON C R E T E P A TI O & SI D E W A L K CON C R E T E P A TI O & SI D 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 Page 49 of 51 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 Page 50 of 51 PLANNING COMMISSIONATTENDANCE REPORTROLLING CALENDARAdvisory Body: Prepared By:YearMonthDate 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 18-Jul 1-Aug 16-Aug 6-Sep 20-Sep 4-Oct 18-Oct 1-Nov 15-Nov 6-Dec 20-DecDeLuna, Nancy - P - A P - - P - P P P - P P P P - - P P P P -11Greenwood, John - P - PP--P- PPE-PPPP--PPPP-10Gregory, Ron - P - P A- -P - PAP-PPPP--PAPP-32Holt, Lindsay - P - P P - - A - P P P - E E P A - - P P P P -32Pradetto, Joseph - P - PP--P- PPP-PPPP--PPPP-00Palm Desert Municipal Code 2.34.010:PPresentAAbsentEExcused- No meeting2023 2023 2023 2023 2023Total AbsencesOct Nov DecPlanning CommissionM. O'Reilly2023 2023Twice 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 AbsencesJan Feb Mar Apr May Jun Jul Aug Sep2023/2022 2022 2022 2022 2022Page 51 of 51