HomeMy WebLinkAboutRes No 2875PLANNING COMMISSION RESOLUTION NO. 2875
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) FOR
AN OUTDOOR PATIO FOR DINING PURPOSES FOR AN EXISTING
RESTAURANT AT 72990 EL PASEO, SUITE 3
CASE NO. CUP23-0015
WHEREAS, Charissa Farley-Hay (“Applicant”), submitted a CUP application to
construct an outdoor patio for dining purposes at an existing restaurant (Wildest Restaurant)
at 72990 El Paseo, Suite 3 (APN 640-170-013) within the Palms to Pines West Shopping
Center (“Project”); and
WHEREAS, the Project site is currently within the Planned Commercial (PC-3), Scenic
Preservation zoning designation and is designated Regional Retail by the Palm Desert
General Plan; and
WHEREAS, the proposed Project conforms to the General Plan land use designation
of Regional Retail and development standards listed in the City’s Zoning Ordinance for the
PC-3 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 "2024 Local
Guidelines for Implementing the California Environmental Quality Act for the City Palm
Desert” Resolution No. 2024-035, 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 Architectural Review Commission of the City of Palm Desert,
California, did on the 28th day of May 2024, provide Design Review approval of said project,
subject to conditions of approval; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of June 2024, hold a duly noticed public hearing to consider the request by the
Applicant for approval of the above-noted Project request, continued the project to a date
uncertain, and directed the Project to be returned to the Architectural Review Commission to
refine the storage container with a more elegant appearance and bring back to Planning
Commission for further consideration; and
WHEREAS, the Architectural Review Commission of the City of Palm Desert,
California, did on the 23rd day of July 2024, provide Design Review approval of said project,
subject to conditions of approval which have been included in this Resolution; and
PLANNING COMMISSION RESOLUTION NO. 2875
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WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 20th day of August 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:
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 outdoor expansion area for an existing
suite and building that was constructed to meet all applicable standards of the PC-
3 district. All objectives of the title and purposes of the PC-3 district are being met
with this CUP as there are no changes to the building itself. The PC-3 district allows
for restaurant 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 in the exterior of an existing commercial building with
sufficient parking. Although the project is removing some parking spaces, the
applicant has provided documentation on shared parking throughout the site to
make up for the loss of parking stalls. 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 exterior area adjacent to an existing suite
that was constructed to meet all applicable standards of the PC-3 district. All
objectives of the title and purposes of the PC-3 district are being met with this CUP
as there are no changes to the building or site itself. The PC-3 district allows for
PLANNING COMMISSION RESOLUTION NO. 2875
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restaurant 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 Regional Retail per the General Plan Land Use
Element. The Regional Retail land use designation allows restaurant and
commercial uses and its intent and purpose is to “provide large-format retail
development along with associated restaurant and commercial service activity”.
The proposed use is the expansion of an existing and operational restaurant. The
property does not have any applicable specific plans or 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 3.14 – The project would continue to provide access for residents
to an existing restaurant and enhance the restaurant.
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 “2024
Local Guidelines for Implementing the California Environmental Quality Act for the City Palm
Desert”” Resolution No. 2024-035, 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. The expansion is in an area
where all public services and facilities are available to allow for maximum development
permissible in the General Plan and in an area that is not environmentally sensitive.
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. There are no other
or previous projects that have occurred in succession in the same place, of the same
type, to include a cumulative impact.
PLANNING COMMISSION RESOLUTION NO. 2875
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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 located within 300 feet of Highway 74, which is a State Scenic
Highway. The project, as condition, will not result in any damage to this scenic
resource. The project is proposing an outdoor dining patio with construction limited to
an attached trellis, walls, storage, and landscaping. The project meets all
development standards of the underlying zone and is not proposing a structure height
above existing buildings. This proposal is for use of an outdoor area for dining
purposes and does not propose any construction that would cause damage to
Highway 74. The applicant utilizes landscaping throughout the project site to beautify
the area.
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 CUP23-0015.
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. CUP23-0015,
pursuant to the conditions of approval in Exhibit A and the statement of operations
in Exhibit B.
PLANNING COMMISSION RESOLUTION NO. 2875
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ADOPTED ON August 20, 2024.
LINDSAY HOLT
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert Planning
Commission, hereby certify that Resolution No. 2875 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 20, 2024, by the following vote:
AYES: DELUNA, GREENWOOD, HOLT, PRADETTO
NOES: NONE
ABSENT: GREGORY
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 August _29_, 2024.
RICHARD D. CANNONE, AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2875
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EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. CUP23-0015
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 Palm Desert Municipal Code (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
PLANNING COMMISSION RESOLUTION NO. 2875
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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 2,977 square foot outdoor permanent dining
patio expansion of the existing “Wildest” restaurant, which includes a pergola/trellis,
storage container, fireplace, heaters, lighting, pavers, wall, and landscaping.
8. The use shall operate as an expansion of the adjoining restaurant, consistent with the
approved Statement of Operations on file with the Development Services Department
and attached as Exhibit B. Any amendments to the proposed hours of operation are
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.
9. 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. 2875
for CUP23-0015 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.
10. 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 and Safety Division at the time of issuance of a building permit for the use
contemplated herewith.
11. 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.
12. 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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13. The Applicant shall comply with all conditions of approval provided by the City’s
Architectural Review Commission on May 28, 2024, as follows:
A. Roll up door shall be further studied and reviewed by staff regarding its
maintainability or be replaced with swinging metal doors.
B. A pilaster with the same stone cladding on the building shall be added to
the opening at the northeast corner of the patio.
C. Gravel placed in planters adjacent to the parking lot shall match existing
parking lot gravel.
D. Shipping container shall be new or like-new condition.
14. 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.
15. The storage container shall remain consistent with the use and design as presented in
this project approval. This includes ensuring the material wrapped around the container
remains in good condition and the use remains for storage purposes and not for
restaurant operational purposes (such as serving drinks). Any change of design or use
shall be submitted to the City’s Development Services department and may require
amendment of this Conditional Use Permit.
16. 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.
17. The Applicant shall not permit any loitering on the premises or on property adjacent to
the premises.
18. The requirements of PDMC Chapter 8.36 regarding smoking shall be complied with at all
times.
19. The Applicant shall submit a landscape plan application for the newly proposed
landscaping on the exterior of the project. The proposed landscaping shall be consistent
with the preliminary landscape plan provided as part of this Project.
20. The design of the proposed retaining wall is subject to review by the City’s Development
Services Department and may require a stucco finish.
21. All permanent and temporary exterior signage shall comply with PDMC 25.56.
22. The Applicant shall provide payment for filing fees for the Notice of Exemption within five
(5) days of project approval.
LAND DEVELOPMENT
23. The following plans, studies, and exhibits are hereby referenced: Preliminary Grading
Plan Lot 5 of Parcel Map 14710 Wildest Restaurant Patio; prepared by Egan Civil, Inc.;
dated April 12, 2024.
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24. It is understood that the conceptual exhibits correctly show all existing easements,
traveled ways, and drainage courses with appropriate Qs, and that major modification
with the final plans and reports may require the applicant to process a revised site plan
through Planning Commission as directed by the City Engineer.
25. It is assumed that easements shown on the preliminary grading plan shown correctly and
include all the easements that encumber the subject property. A current preliminary title
report for the site will be required to be submitted during technical plan review.
26. Prior to building permit, the applicant shall secure approval from all, if any, easement
holders for all grading and improvements, which are proposed over the respective
easement, including those shown on Instrument No. 08-195654, or provide evidence that
the easement has been relocated, quitclaimed, vacated, abandoned, easement holder
cannot be found, or is otherwise of no effect. Should such approvals or alternate actions
regarding the easements not be provided and approved by the City, the applicant may
be required to amend or revise the proposed site configuration as may be necessary.
27. Prior to building permit, the applicant shall submit a final grading plan that includes
grading of parking lot, proposed site and patio, and proposed drainage. The grading
plans shall be submitted as part of the building plan set and be in conformance with the
preliminary grading exhibit. The City Engineer shall approve the final grading as part of
the building permit review.
28. Prior to final building permit inspection, the applicant shall schedule an inspection from
the City’s Engineering department. The inspection shall verify compliance of the built
improvements with the final grading plans requested on these conditions of approval.
COACHELLA VALLEY WATER DISTRICT
29. The Applicant will need to send applications to the Coachella Valley Water District
(CVWD) for re-evaluation of the grease interceptor sizing and capacity charges.
Application(s) include the Cost Notification Application, Source Control application, and
a copy of plumbing and seating plans.
RIVERSIDE COUNTY FIRE DEPARTMANT
30. 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.
31. Fire Sprinkler System – All new commercial areas of the building and structures shall be
evaluated for the extension of the existing fire sprinkler system. Reference CFC as
amended.
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32. Fire Alarm and Detection System – A water flow monitoring system and/or fire alarm
system may be required to be extended into the new areas as determined at time of
building construction plan review. Reference CFC as amended.
END OF CONDITIONS OF APPROVAL
PLANNING COMMISSION RESOLUTION NO. 2875
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EXHIBIT B
Statement of Operations
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