HomeMy WebLinkAboutRes No 2886PLANNING COMMISSION RESOLUTION NO. 2886
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT AMENDMENT FOR THE EXPANSION OF AN EXISTING
RESTAURANT AT 77734 COUNTRY CLUB DRIVE, SUITE F1, AND
ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
CASE NO: CUP 15-382, AMD 1 (CUP 24-0004)
WHEREAS, Alps Village (“Applicant”), submitted a Conditional Use Permit (“CUP”)
amendment application to expand an existing restaurant (“Project”) within an existing
building located at 77734 Country Club Drive, Suite F1, to expand to suites F2 and F3 to
accommodate a 3,120 square foot restaurant (Assessor’s Parcel Numbers 626-322-008,
-009 and -010); and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 16th day of February 2016, adopt Planning Commission Resolution No. 2662 to
approve Conditional Use Permit 15-382 to allow a new restaurant (“Alps Village”) at
77734 Country Club Drive; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367
of the State California Environmental Quality Act (“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, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the CEQA” Resolution No. 2024-35, 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
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 19th day of November 2024, hold a duly noticed public hearing to consider the
request by the Applicant for approval of the above-noted Project; 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, said Planning
Commission did find the following facts and reasons to exist to justify the approval of said
request:
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
PLANNING COMMISSION RESOLUTION NO. 2886
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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. As required by PDMC Section
25.72.050(F), the Planning Commission makes the following findings to approve CUP 15-
382, AMD 1:
1. That the proposed location of the conditional use is in accordance with the
objectives of the Zoning Ordinance and the purpose of the district in which the site
is located.
Restaurants are permitted subject to a Conditional Use Permit within many zoning
districts within the City. The proposed location is in the Planned Commercial (PC-
2) zone and was previously within the Service Industrial (SI) zone. Professional
offices and mixed commercial, including restaurants, are the predominant uses in
the existing area, and the Project is a continued operation of an existing restaurant.
The proposed location is based on the objectives of the Zoning Ordinance and the
purpose of the district in which the site is located. The services conducted at the
proposed site are compatible with the adjacent business hours and would have
minimal impacts on parking.
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 restaurant use complies with all applicable requirements of the Zoning
Ordinance and all applicable building codes and will not be detrimental to general
public health, safety, and welfare or materially injurious to the properties in the
vicinity. Water, sanitation, public utilities, and services are constructed and readily
available for the 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 Project site is developed, and the proposed use is consistent with the intent
of the underlying zoning designation. The facility would not interfere with business
operations or generate parking deficiencies. Conditions have been placed on the
Project to ensure that all the minimum requirements comply with the Palm Desert
Municipal Code.
4. That the proposed conditional use complies with the goals, objectives, and policies
of the City’s general plan.
PLANNING COMMISSION RESOLUTION NO. 2886
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The proposed restaurant use is the interior expansion of an existing restaurant and
complies with the City’s general plan in providing for a mixture of commercial uses.
The General Plan designation for the project location is “Employment,” which asks
for a wide variety of commercial uses. The Project complies with General Plan
Policy 3.1: Access to daily activity, by providing a restaurant and Policy 2.3 by
placing conditions to ensure the restaurant is operated in a manageable manner.
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 of
the Planning Commission in this case.
2. That the Planning Commission does hereby approve Conditional Use Permit
15-382, AMD 1 / CUP24-0004, subject to the conditions attached hereto
(Exhibit “A”).
SECTION 3. Project Approval. The Planning Commission hereby approves Case
No. CUP24-0004 (CUP 15-382, AMD 1).
SECTION 4. 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 5. 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.
ADOPTED ON November 19, 2024.
RON GREGORY
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2886
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I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert Planning
Commission, hereby certify that Resolution No. 2886 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 November 19, 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 January _7_, 2025.
RICHARD D. CANNONE, AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2886
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CONDITIONS OF APPROVAL
CASE NO. CUP 24-0004 (CUP15-382, AMD 1)
Development Services Department:
1. This Conditional Use Permit (“CUP”) approval is to allow the expansion of an existing
restaurant at 77734 Country Club Drive, Suite F1, to expand into Suites F2 and F3.
The expansion does not include expansion of existing buildings and only includes
expansion into existing suites.
2. This CUP allows for continued operation of the restaurant.
3. This CUP shall lapse and become void one (1) year following the effective date of
the use permit, unless prior to the expiration a building permit is issued and
construction is commenced and diligently pursued toward completion, or a new
certificate of occupancy is issued for the use, or as specified by Title 25 of the Palm
Desert Municipal Code (“PDMC”). If the CUP expires, the applicant must file a new
application, which shall be processed in accordance with the requirements of Title
25 of the Palm Desert Municipal Code.
4. Prior to the expiration of the permit, the applicant may request a one (1) year time
extension by filing a written request with the Planning Division for consideration by
the Planning Commission. Any request for extension shall be noticed and be
considered at a public hearing held before the original approval body.
5. The Applicant shall comply with all conditions of approval from Planning Commission
Resolution No. 2662.
6. The operation of the facility shall conform substantially to approved exhibits on file
with the Development Services Department, except as modified by conditions herein.
7. Permittee shall notify City Planning Department of any change in operations and
such change may require a revision of this permit. Failure to notify the City of any
change in operations is material grounds for revocation of this CUP.
8. The Project shall be developed and maintained in conformance with the approved
plans and exhibits on file with the City. Any variation from the approved plans must
be reviewed and approved by the Development Services Department prior to
building permit issuance and may require review and approval by the Planning
Commission and/or City Council.
9. The Applicant shall agree to defend, indemnify, and hold harmless the City of Palm
Desert or its agents, officers, and employees from any claim, action or proceeding
against the City of Palm Desert or its agents, officers or employees, to attack, set
aside, void, or annul, any approval of the City of Palm Desert, whether by its City
Council, Planning Commission, or other authorized board or officer of the City. The
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City of Palm Desert shall promptly notify the applicant of any such claim, action, or
proceeding, and the City of Palm Desert shall cooperate fully in the defense.
10. The operation shall not encroach or obstruct parking lot circulation, access
driveways, ADA paths of travel or emergency vehicle access.
11. Prior to 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 & Safety
12. The Applicant shall submit an instrument (deed restriction or unity of title) recorded
against the property that clearly states that Suites F1, F2, and F3 shall not be sold
separately. The document may be removed and suites sold separately only with prior
approval from the City’s Building Official and Director of Development Services, if it
is demonstrated that it meets all requirements of the Subdivision Map Act and
California Building Code.
13. Should parking shortages or other parking-related issues arise, the applicant shall
institute appropriate operational mitigation measures. Proposed mitigation must be
reviewed by the Department of Development Services.
14. No signs are approved by this project. Sign Permit for any exterior signs shall be
submitted to the Planning Division for review and approval prior to installation. All
signage must be in accordance with the applicable standards of the Palm Desert
Municipal Code.
15. Changes to the floor plan including, but not limited to, additional seating, shall require
additional review by the Department of Development Services.
16. The applicant or any successor in interest shall comply with all applicable local, state,
and federal laws, rules, ordinances, and regulations.
17. The only outdoor seating approved at this location are the 24 outdoor patio seats
approved via Planning Commission Resolution No. 2662. Any additional outdoor
seating shall be subject to a new CUP amendment application.
END OF CONDITIONS