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HomeMy WebLinkAboutRes No 2897PLANNING COMMISSION RESOLUTION NO. 2897 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 EXSITING BARBERSHOP TO ALLOW TYPE 40 ALCOHOL SALES LOCATED AT 44700 SAN PABLO AVE CASE NO. CUP25-0002 WHEREAS, Kevin Alvarado on behalf of The Private Club Barbershop (“Applicant”), submitted a Conditional Use Permit (CUP) application to allow for the sale of alcohol as an accessory use, at 44700 San Pablo Ave (APN 627-151-001), located within the Downtown San Pablo Area (“Project”); and WHEREAS, the Project site is currently within the Downtown Core Overlay District (D.O.) zoning district, and is designated as Downtown by the Palm Desert General Plan; and WHEREAS, the proposed Project conforms to both the General Plan land use designation of Downtown and the development standards listed in the City’s Zoning Ordinance for the D.O. 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) and Section 15303 New Construction or Conversion; 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 5th day of August 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, 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.         PLANNING COMMISSION RESOLUTION NO. 2897 2 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. Project Compliance: Yes. Alcohol Sales as an accessory use is not listed in the permitted uses table and is therefore subject to 25.72.020 Use Determinations. The Applicant is seeking the approval of a Conditional Use Permit (CUP) to expand the scope of services beyond personal services. The proposed location is in the Downtown Core Overlay District. Personal services are a predominant use in the existing area, and the Project is a continued operation of an existing barbershop. Use Determination 23-0001 was approved by the City’s Planning Commission via Resolution 2838, which determined that bar/lounges were a similar use to restaurants and require a CUP. This project is consistent with that determination. 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. Project Compliance: Yes. The barbershop with accessory alcohol sales 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, as conditioned. 3. The proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. Project Compliance: Yes. The Project site is developed, and the proposed use, as conditioned, is consistent with the intent of the underlying zoning and General Plan designations. 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. The proposed conditional use complies with the goals, objectives, and policies of the City’s General Plan Project Compliance: Yes. The proposed accessory use is an expansion of existing barbershop use and complies with the City’s General Plan in providing for a mixture of pedestrian-oriented commercial uses. The General Plan designation for the project location is “Downtown,” which allows a diversity of commercial uses. Diverse centers. Land Use Goal 5 Centers. A variety of mixed uses, urban centers throughout the city that provide opportunities for shopping, recreation, commerce, employment and arts and culture. The Project supports a balanced mix of uses and advancing the General Plan’s vision for inclusive growth.         PLANNING COMMISSION RESOLUTION NO. 2897 3 Land Use Policy 5.3 Encourage the development of local and city-wide centers that address different community needs and market sectors. The centers shall complement and be integrated with surrounding neighborhoods. The project provides an alternative type of service for an established business that serves the surrounding community. 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 pursuant to Section 15301 Existing Facilities (“Class 1”). City staff has reviewed the project in accordance with CEQA and recommends that the project is exempt from environmental review pursuant to Section 15301 Existing Facilities (Class 1) of the State CEQA Guidelines. 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. The project consists of an existing barbershop utilizing a bar area for alcohol sales. The project does not expand the existing building. The project is consistent with the City Center/Downtown land use designation for the site, as well as the Downtown zoning designation. Pursuant to Section 15300.2 of the CEQA Guidelines, a Class 1 exception may not be used if the project falls into any exceptions: 1. Location: 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. Cumulative Impact: The project will not have a cumulative impact on the environment. The proposed use does not require any structural changes to the site, which would result in increased square footage or a demand for more resources. The existing parking available in the rear parking lot is sufficient, and no additional parking is necessary. 3. Significant Effect: 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 an Urban Unzoned area per the Fire Hazard Severity Zone map depicted in Figure 8.5 of the General Plan. 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 approximately 8 miles north of the project site. 4. Scenic Highways: 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 approximately 0.25 miles west of the site.         PLANNING COMMISSION RESOLUTION NO. 2897 4 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. Historical Resources: 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 CUP25-0002. 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. Rosie Lua, 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. CUP25-0002, pursuant to the conditions of approval in Exhibit A and the statement of use in Exhibit B. ADOPTED ON August 5, 2025. LINDSAY HOLT CHAIRPERSON ATTEST: ROSIE LUA SECRETARY         PLANNING COMMISSION RESOLUTION NO. 2897 5 I, Rosie Lua, Secretary of the City of Palm Desert Planning Commission, hereby certify that Resolution No. 2897 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 5, 2025, by the following vote: AYES: GREENWOOD, HOLT, MEYERHOFF, NICKERSON NOES: NONE ABSENT: COLLUM 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 _26_, 2025. ROSIE LUA SECRETARY         PLANNING COMMISSION RESOLUTION NO. 2897 6 EXHIBIT A CONDITIONS OF APPROVAL CASE NO. CUP25-0002 PLANNING DIVISION: 1. The development of the property shall conform substantially with the approved exhibits contained in CUP25-0002 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. This approval authorizes the operation of a Type 40 alcohol sales license with a 96- square-foot bar area as an accessory use for an existing barbershop located at 44700 San Pablo Ave. 5. Failure to comply with any of these conditions will result in the revocation of this permit subject to PDMC 25.72.050. 6. The approved CUP may only be modified with City approval under PDMC Chapter 25.72.050.         PLANNING COMMISSION RESOLUTION NO. 2897 7 7. 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. 2897 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. 8. 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. 9. 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. 10. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 11. In the event that the barbershop use ceases, this Conditional Use Permit shall become null and void. 12. 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. 13. The Applicant must maintain a minimum horizontal clearance of 48 inches along the entire pathway fronting the tenant space for accessibility purposes. 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 Applicant shall comply with all rules and regulations of the California Department of Alcoholic Beverage Control pertaining to the sale and consumption of alcohol. 16. The Applicant shall not permit any loitering on the premises or on property adjacent to the premises. 17. The bar area shall only be utilized during the operational hours from 9:00am to 6:00pm. Outside of normal operational hours shall not be permitted, other than for routine clean- up maintenance, and deliveries. 18. The bar area shall only be utilized by patrons who are receiving services as stated in Statement of Use detailed in Exhibit B as part of the barbershop use.         PLANNING COMMISSION RESOLUTION NO. 2897 8 19. At least thirty (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. CODE ENFORCEMENT: 20. The Applicant shall provide city staff copies of RBS Certification for all servers and managers prior to operation. END OF CONDITIONS OF APPROVAL         PLANNING COMMISSION RESOLUTION NO. 2897 9 EXHIBIT B Statement of Use (Next Page)