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HomeMy WebLinkAboutRes No 2857PLANNING COMMISSION RESOLUTION NO. 2857 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A USE DETERMINATION (UD) FINDING THAT A MARRIAGE SOLEMNIZATION/WEDDING CHAPEL USE IS SIMILAR TO OTHER USES PERMITTED IN THE DISTRICT PLANNED COMMERCIAL (PC-2) ZONING DISTRICT AND MAY BE ALLOWED, SUBJECT TO A CONDITIONAL USE PERMIT CASE NO. UD24-0002 WHEREAS, Today We Become One (“Applicant”), submitted a UD application to establish a new Marriage Solemnization/Wedding Chapel Use at 72221 Highway 111 (APN: 640-020-054) (“Project”); and WHEREAS, the current zoning designation of the Project site is District Planned Commercial (PC-2) and the Palm Desert Municipal Code (PDMC) does not have a land use classification for a marriage solemnization use; and WHEREAS, the PC-2 zoning designation allows Institution, general uses by an Conditional Use Permit (CUP) in accordance with PDMC 25.16.030; and WHEREAS, uses which are not specifically listed in any district may be reviewed by the Planning Commission in accordance with PDMC 25.72.020 to determine if the proposed use is allowed in any one or more districts based on its similarity to uses that are specifically listed; and WHEREAS, Marriage Solemnization uses were found to be similar to general institution uses; therefore, permitted as conditional use in the District Planned Commercial (PC-2) zoning district; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the Director of Development Services has determined that the Project will not have a foreseeable significant impact on the environment and that the Project is eligible for an exemption exempt Section 15061(b)(3) General Rule of the CEQA Guidelines, and is not subject to any exceptions as identified in CEQA Guidelines Section 15300.2; therefore, no further environmental review is necessary at this time; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of February 2024, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; and DocuSign Envelope ID: F30326B1-D464-4009-A9AC-0542224EE055 PLANNING COMMISSION RESOLUTION NO. 2857 2 WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Findings on Use Determination. Under PDMC Section 25.72.020, the Planning Commission shall determine whether a use not specifically listed in any district shall be allowed in any one or more districts based on its similarity to uses specifically listed. Marriage Solemnization uses are found to be similar to Institution, general uses within the PC-2 zoning district, subject to a Conditional Use Permit. SECTION 3. CEQA. The application has complied with the requirements of the “City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the Planning Commission finds that the Project is eligible for an exemption from CEQA per Section 15061(b)(3) of the CEQA guidelines as the Project is a determination on whether a use that is not listed shall be deemed an administrative use. No direct, foreseeable impact on the environment can be identified at this time. SECTION 4. Project Approval. The Planning Commission hereby recommends approval of UD24-0002; 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. UD24-0002. DocuSign Envelope ID: F30326B1-D464-4009-A9AC-0542224EE055 PLANNING COMMISSION RESOLUTION NO. 2857 3 ADOPTED ON February 20, 2024. 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. 2857 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 February 20, 2024, by the following vote: AYES: DELUNA, GREGORY, HOLT, PRADETTO NOES: NONE ABSENT: GREENWOOD ABSTAIN: NONE RECUSED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on March ____, 2024. RICHARD D. CANNONE, AICP SECRETARY DocuSign Envelope ID: F30326B1-D464-4009-A9AC-0542224EE055