HomeMy WebLinkAboutRes No 2858PLANNING COMMISSION RESOLUTION NO. 2858
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 CONDITIONAL USE PERMIT (CUP) TO
ESTABLISH A 1,140-SQUARE-FOOT MARRIAGE SOLEMNIZATION/
WEDDING CHAPEL AT 72221 HIGHWAY 111, SUITE A7
CASE NO. CUP24-0002
WHEREAS, Today We Are One (“Applicant”), submitted an CUP application to allow
a Marriage Solemnization/Wedding Chapel Use at 72221 Highway 111, Suite A7 (APN 640-
020-054) within an existing 1,140 square foot suite in an existing multi-tenant commercial
building (“Project”); and
WHEREAS, the Project site is currently within the District Planned Commercial (PC-
2) zoning designation and is designated Suburban Retail Center by the Palm Desert General
Plan; and
WHEREAS, on February 20, 2024, the Planning Commission of the City of Palm
Desert adopted Resolution No. 2857, adopting a Use Determination (Planning Case No.
UD24-0002) finding that Marriage Solemnization Uses may be allowable by Conditional Use
Permit (CUP) within the PC-2 zoning designation; 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, 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 Article
19, Section 15301 Existing Facilities (Class 1); 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
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:
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PLANNING COMMISSION RESOLUTION NO. 2858
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing
recitals are true and correct and are incorporated herein as substantive findings of this
Resolution.
SECTION 2. Findings on Conditional Use Permit. Under PDMC Section 25.72.050(F),
the findings for the CUP are the following:
1. 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 location of the conditional use is an existing suite that was constructed to meet
all applicable standards of the PC-2 district. All objectives of the title and purposes
of the PC-2 district are being met with this CUP as there are no changes to the
building itself. The PC-2 district allows for Public Assembly uses, as is proposed
in this project. The project, as conditioned, is designed to meet the purpose of the
district in which the site is located.
2. 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 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 proposed Project does not pose a conflict regarding land use and can
be conditioned to not be detrimental to the public health, safety, or welfare, or be
materially injurious to properties or improvements in the vicinity.
3. The proposed conditional use will comply with each of the applicable provisions of
this title, except for approved variances or adjustments.
The location of the conditional use is an existing suite that was constructed to meet
all applicable standards of the PC-2 district. All objectives of the title and purposes
of the PC-2 district are being met with this CUP as there are no changes to the
building or site itself. The PC-2 district allows for Public Assembly uses, as is
proposed in this project. The project, as conditioned, is designed to meet the
purpose of the district in which the site is located.
4. The proposed conditional use complies with the goals, objectives, and policies of
the City’s General Plan
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 Marriage Solemnization 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
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PLANNING COMMISSION RESOLUTION NO. 2858
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any other City regulations/standards. Specifically, the following General Plan
Goals and policies are being met:
Land Use Goal 8 – Economic Development. A diverse, growing, and resilient local
economy.
Land Use Policy 4.3 – The project would allow for a wide variety of uses to locate
in a Regional Retail district.
SECTION 3. CEQA. The application has complied with the requirements of the “City
of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the
Planning Commission finds that the Project is exempt from CEQA per Section 15301 of the
State CEQA guidelines as the Project is an Article 19, Section 15301 Existing Facilities (Class
1) project. Class 1 consists of 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.
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 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 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 one (1) mile southeast of the site.
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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 CUP24-0002.
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. CUP24-0002,
pursuant to the conditions of approval in Exhibit A and statement of operations in
Exhibit B.
ADOPTED ON February 20, 2024.
JOSEPH PRADETTO
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
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I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that
Resolution No. 2858 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
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EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. CUP24-0002
PLANNING DIVISION:
1. The development of the property shall conform substantially with the approved plans and
exhibits on file with the Development Services Department, except as modified by the
following conditions. Any variation from the approved plans must be reviewed and
approved by the Planning Division prior to building permit issuance and may require
review and approval by the 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 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.
5. All construction documentation shall be coordinated for consistency, including, but not
limited to, architectural, structural, mechanical, electrical, plumbing, landscape and
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irrigation, grading, and street improvement plans. All such plans shall be consistent with
the approved entitlement plans on file with the Development Services Department.
6. 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 require review and approval by the ARC, Planning Commission,
and/or City Council.
7. This approval authorizes the operation of a 1,140-square-foot Marriage
Solemnization/Wedding Chapel use to operate at 72221 Highway 111, Suite A7.
8. The sale of alcoholic beverages for consumption off the premises is strictly prohibited.
9. The use shall operate according to the hours specified in the approved Statement of
Operations, attached as Exhibit B on this Resolution and on file with the Development
Services Department. Any amendments to the proposed hours of operation is subject to
the discretion of the Zoning Administrator 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.
10. 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. 2858
for CUP24-0002 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.
11. 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.
12. 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.
13. Failure to comply with any of these conditions will result in the revocation of this permit
subject to PDMC 25.60.
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14. Parking shall be provided in compliance with the PDMC and to the satisfaction of the
Department of Development Services. No variance from the parking requirements has
been requested or granted herein.
15. 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.
16. All sound resulting from the business shall be contained within the building in compliance
with city noise regulations. No entertainment activities shall be allowed on the building
exterior.
17. 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.
18. The Applicant shall not permit any loitering on the premises or on property adjacent to
the premises.
19. The requirements of PDMC Chapter 8.36 regarding smoking shall be complied with at all
times.
20. All permanent and temporary exterior signage shall comply with PDMC 25.56.
21. 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.
22. 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.
23. The Applicant shall provide payment for filing fees for the Notice of Exemption within five
(5) days of project approval.
BUILDING AND SAFETY DIVISION:
24. Any alteration or addition to the existing floor plan layout, use of areas, or occupancy will
require a tenant improvement building permit.
RIVERSIDE COUNTY FIRE DEPARTMANT
25. Fire Department Building Construction Plan Review – Submittal of construction plans to
the Fire Department will be required. Final fire and life safety conditions will be
addressed when the Fire Department reviews the plans. These conditions will be based
on California Fire Code, California Building Code (CBC), and related codes/standards
adopted at the time of construction plan submittal. Reference CFC as amended.
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26. Fire Sprinkler System – Tenant Improvement plans must be submitted and reference the
installing contractor performing the work. Reference CFC as amended.
27. Fire Alarm and Detection System – Where the occupant space includes existing fire
alarm notification appliances, Tenant Improvement plans must be submitted per NFPA
72 as required by the California Building Code, California Fire Code and designed in
accordance with adopted standards. A C-10 licensed contractor must submit plans to
the Office of the Fire Marshal for review and approval prior to installation. Reference
CFC as amended.
END OF CONDITIONS OF APPROVAL
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EXHIBIT B
STATEMENT OF OPERATIONS
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