HomeMy WebLinkAboutRes No 2889PLANNING COMMISSION RESOLUTION NO. 2889
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) AND A CONDITIONAL USE PERMIT TO ESTABLISH A REAL
ESTATE OFFICE WITIHN AN EXISTING GROUND FLOOR COMMERCIAL
BULIDING SUITE LOCATED AT 73375 EL PASEO, SUITE D (ASSESSOR’S
PARCEL NUMBER 627-251-002)
CASE NO. CUP25-0001
WHEREAS, Century 21 Affiliated (“Applicant”), submitted an application for a
Conditional Use Permit (CUP) to establish a real estate office within an existing ground floor
commercial building site located at 73375 El Paseo, Suite D (“Project”); and
WHEREAS, the Project site has a land use designation of Downtown in the Palm
Desert General Plan adopted on November 10, 2016, and a zoning designation of Downtown
(D) and El Paseo Overlay District (EPOD); 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, pursuant to the requirements of the CEQA, the State Guidelines for
Implementation of CEQA (State CEQA Guidelines), and the City of Palm Desert CEQA
Implementation Requirements, the City of Palm Desert Development Services Department
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; therefore, no further environmental review is necessary; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 1st day of April 2025, 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 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. As required by Palm Desert Municipal
Code “PDMC” Section 25.72.050 (F), the Planning Commission makes the following findings to
approve the CUP:
PLANNING COMMISSION RESOLUTION NO. 2889
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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 D within the EPOD and allows office uses with the
approval of a CUP. Primary building access is from the sidewalk, and parking is behind
buildings. Ground floors accommodate retail, restaurant, service, and office uses. The
EPOD is designed as a pedestrian-specialty retail and personal services district, with
the intent of creating a continuous succession of diverse but compatible businesses,
including art galleries, shops, and restaurants. The proposed use is allowed in the D
zoning district by a CUP. The nature of the use is in accord with the objectives of the
EPOD as it adds visual interest to the existing store frontage by installing high-end art
and décor visible from the frontage; will utilize the existing bench in front of suites; and
is a service-oriented real estate office. The project meets the findings of Palm Desert
Municipal Code Section 25.28.040(C): The proposed location is not a corner location,
is not adjacent to an existing office space, and would be the first one located on the
south side of El Paseo between Sage Lane and Lupine Lane.
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 real estate office will not be detrimental to public health, safety, or
welfare, or be materially injurious to properties or improvements in the vicinity. Other
professional offices with similar use intensities have been established within the
vicinity of the site. This type of use is not generally anticipated to create adverse
impacts on health, safety, or welfare. The use will operate within an existing space
within an existing approved commercial 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 will comply with the objective requirements of the zoning ordinance.
The site generally complies with the intent and purpose of the D zoning district, and
no modifications are proposed to the site. The site is served by adequate parking in
the form of a surface lot located at the rear of the site which is shared amongst all of
the suites within the building at 73375 El Paseo. There are approximately 80 parking
spaces within the Project site parcel. The commercial suite is approximately 1,205
square feet which requires three (3) parking spaces in the D Zone for Commercial
Uses per PDMC 25.18.050. No variances or adjustments are requested for the
proposed use.
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 City Center/Downtown.
This land use designation is intended to provide for high-intensity mixed-use
development and uses that include a variety of civic, cultural, entertainment, retail,
restaurant, and commercial services activities along with multifamily dwellings
PLANNING COMMISSION RESOLUTION NO. 2889
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organized along walkable streetscapes. Ground floor uses include retail, restaurant,
service, and office uses. The proposed use is a ground floor office that is located in a
pedestrian-oriented, highly walkable area and complies with the intent of the land use
designation.
SECTION 3. CEQA Determination. The Planning Commission finds that the Project is
exempt from CEQA per Section 5301 of the CEQA Guidelines as the Project is a Class 1
Exemption for “Existing Facilities” development. 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. Additionally, the Project does
not qualify for any of the exceptions pursuant to Article 19 of the CEQA Guidelines Section
15300.2 for “Exceptions.” The case Project is a land use matter which does not result in any
physical alterations to the site. The proposed real estate office would operate within an
existing commercial building space, involving minor tenant improvements to accommodate
the proposed use. The Project is also located in a zoning district with similar retail and service
uses; therefore, it would not aggravate existing environmental conditions. The Project is
consistent with the City Center/Downtown land use designations for the site, as well as the
Downtown zoning designation.
SECTION 4. Project Recommendations. The Planning Commission hereby approves
Case Number CUP25-0001, subject to the findings and Conditions of Approval attached
herein as Exhibit “A.”
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.
SECTION 7. Recitals. The Planning Commission hereby finds that the foregoing
recitals are true and correct and are incorporated herein as substantive findings of this
Resolution.
ADOPTED ON April 1, 2025.
RON GREGORY
CHAIRPERSON
PLANNING COMMISSION RESOLUTION NO. 2889
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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. 2889 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
April 1, 2025, by the following vote:
AYES: GREENWOOD, GREGORY, MEYERHOFF
NOES: DELUNA
ABSENT: HOLT
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 May __6__, 2025.
RICHARD D. CANNONE, AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2889
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EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. CUP25-0001
PLANNING DIVISION:
1. The development of the property shall conform substantially with the approved exhibits
contained in CUP25-0001 on file in the Development Services Department, except as
modified by the following conditions.
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 Applicant, 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 Applicant’s
approval of counsel, which shall not be unreasonably denied, and at the Applicant’s sole
expense. If the City is aware of such an action or proceeding, it shall promptly notify the
Applicant and cooperate in the defense. The Applicant upon such notification shall
deposit with the 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 Applicant shall coordinate their defense in order to make
the most efficient use of legal counsel and to share and protect information. The
Applicant 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
Applicant’s consent, which consent shall not be unreasonably withheld, conditioned, or
delayed unless the Applicant 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 approved CUP may only be modified with City approval under PDMC Chapter
25.72.050.
5. Within 30 days of the receipt of the signed Conditions of Approval, the Applicant shall
execute a written acknowledgment to the Director of Development Services stating
acceptance of and compliance with all the Conditions of Approval of Resolution No. 2889
and that the plans submitted comply with the Conditions of Approval. No modifications
shall be made to said plans without written approval from the appropriate decision-
making body.
PLANNING COMMISSION RESOLUTION NO. 2889
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6. The approved use shall commence within two (2) years from the date of final approval
unless an extension of time is granted; otherwise, said approval shall become null, void,
and of no effect whatsoever.
7. 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:
Fire Marshall
City of Palm Desert 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.
8. Interior and exterior signage shall be reviewed and approved by the Department of
Development Services and shall conform to the City’s Sign Ordinance Chapter 25.56.
9. The Applicant must maintain a minimum horizontal clearance of 48 inches along the
entire pathway fronting the tenant space for accessibility purposes.
10. The Applicant shall preserve existing storefront glass to allow visibility to the inside of the
building from El Paseo frontage at all times.
11. At least 30 days prior to any event outside the primary use, the Applicant must submit a
Temporary Use Permit (TUP) application to the Planning Division for review and
approval.
BUILDING AND SAFETY DIVISION:
12. This Project shall comply with the latest adopted edition of the building codes.
13. The Applicant shall coordinate directly with:
Riverside County Fire Marshal’s Office
CAL FIRE/Riverside County Fire Department
Main: (760) 863-8886
77933 Las Montañas Road, Suite 201
Palm Desert, CA 92211
14. All contractors and subcontractors shall have a current City of Palm Desert Business
License before permit issuance per PDMC, Title 5.
15. All contractors and/or owner-builders must submit a valid Certificate of Workers’
Compensation Insurance coverage before the issuance of a building permit per California
Labor Code, Section 3700.
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16. Site construction activities associated with building permits shall comply with the
requirements for hours of construction under PDMC Chapter 9.24.070
17. The Applicant shall contact the Palm Desert Permit Center for site address requirements.
18. Address numerals shall comply with Palm Desert Ordinance No. 1351 (PDMC Section
15.28). Compliance with Ordinance 1351 regarding street address location, dimension,
stroke of line, distance from the street, height from grade, height from the street, etc.,
shall be shown on all architectural building elevations in detail. Any possible obstructions,
shadows, lighting, landscaping, backgrounds, or other reasons that may render the
building address unreadable shall be addressed during the plan review process. The
Applicant may request a copy of Ordinance 1351 or PDMC Section 15.28 from the
Building and Safety Division counter staff.
END OF CONDITIONS OF APPROVAL