HomeMy WebLinkAboutRes No. 2892 CUP25-0003 Outdoor PatiosPLANNING COMMISSION RESOLUTION NO. 2892
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
THREE OUTDOOR DINING PATIO STRUCTURES SERVING MULTIPLE
RESTAURANTS AT TWO EXISTING MULTITENANT COMMERCIAL
BUILDINGS LOCATED AT 36901 COOK STREET AND 36891 COOK
STREET
CASE NO. CUP25-0003
WHEREAS, Prest Vuksic Greenwood Architects (“Applicant”), submitted a CUP
application to construct three outdoor patio structures for dining purposes at existing
restaurants located within two multi-tenant commercial buildings at 36901 Cook Street and
36891 Cook Street (APN 694-190-049 and APN 694-190-050) within the University Village
commercial center (“Project”); and
WHEREAS, the Project site is currently within the Regional Commercial Center (PC-
3) zoning district, and is designated Neighborhood Center by the Palm Desert General Plan;
and
WHEREAS, the proposed Project conforms to the General Plan land use designation
of Neighborhood Center 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) and Section 15303 New Construction or Conversion; 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 13th day of May 2025, provide Design Review approval of said project,
subject to conditions of approval which have been included in this Resolution; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 3rd day of June 2025, hold a duly noticed public hearing to consider the request by the
Applicant for approval of the above-noted Project request and the project was continued until
the 17th day of June 2025; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17th day of June 2025, hold a duly noticed public hearing to consider the request by the
Applicant for approval of the above-noted Project request and the project was continued until
the 8th day of July 2025; and
PLANNING COMMISSION RESOLUTION NO. 2892
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WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 8th day of July 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.
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. Restaurants are permitted subject to a Conditional Use
Permit (CUP) in many zoning districts within the City, and expansion of existing
outdoor seating beyond a 12-seat capacity requires approval of a CUP. The
proposed location is in the Regional Commercial Center (PC-3) zone and
previously had a Freeway Commercial Overlay Zone (FCOZ). Professional offices
and mixed-commercial, including restaurants, are the predominant uses in the
existing area, and the Project is a continued operation of existing restaurants. 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. 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 outdoor dining for 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. 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 is
consistent with the intent of the underlying zoning and General Plan designations.
PLANNING COMMISSION RESOLUTION NO. 2892
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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 restaurant use is an outdoor dining
expansion of existing restaurants 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 “Neighborhood Center,” which asks for both
a wide variety of commercial uses as a transitional district and walkable amenities
for neighboring residents. The Project complies with General Plan Policy 3.14 –
Access to daily activity, by providing restaurant uses; Policy 3.22 – University
Neighborhood, by facilitating the development of a University oriented
neighborhood west of Cook Street, north of Frank Sinatra Street, and east of
Portola Avenue; and Policy 2.3 – Noise from entertainment uses, by placing
conditions to ensure the restaurant is operated in a manageable manner.
Specifically, the following General Plan Goals and policies are being met:
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”) and Section
15303 New Construction or Conversion of Small Structures of the State CEQA guidelines
(“Class 3”).
Class 1 Categorical Exemptions apply to projects that consist 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. Examples of these types of projects include interior
or exterior alterations involving such things as interior partitions, plumbing, and electrical
conveyances. The project qualifies for the Class 1 Categorical Exemption as it proposes
external modifications to two (2) existing structures with an approximate gross floor area of
17,546 square feet each. These modifications include structural additions to serve primarily
as an accessory use for outdoor dining of the existing restaurants.
Class 3 Categorical Exemptions apply to the installation of small new equipment or
small structures and the conversion of existing small structures from one use to another
where only minor modifications are made in the exterior of the structure. An example of the
exemption includes, in urbanized areas, “accessory (appurtenant) structures including
garages, carports, patios, swimming pools, and fences” on “sites zoned for such use if not
involving the use of significant amounts of hazardous substances where all necessary public
services and facilities are available and where the surrounding area is not environmentally
sensitive.” The project qualifies for a Class 3 Categorical Exemption as it proposes 3,394
square feet of accessory patio structures for existing restaurants.
Additionally, the Project is not subject to any of the exceptions for categorical exemptions
identified in CEQA Guidelines Section 15300.2:
PLANNING COMMISSION RESOLUTION NO. 2892
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1) The Project qualifies as a Class 1 exemption, which is not listed as one of the classes
under 15300.2 (A). The Project site is an existing building located within an existing
urban area that has been developed for several years. This site has not been
identified as an area of critical concern officially adopted pursuant to federal, state or
local agencies. There is no potential that the project may impact a designated
environmental resource of hazard or critical concern.
2) There is no substantial evidence on the record that the Project would create a
cumulative impact. There are no known projects proposing similar uses in the
immediate Project vicinity. Therefore, it is not anticipated that any successive projects
of the same type in the immediate vicinity would create cumulative impacts.
3) No unusual circumstances exist for the proposed Project, Project site or immediate
vicinity. The project is not proposing a new use for the existing commercial buildings.
Further, it will incorporate tested design features to increase safety of the current
outdoor dining situation and will minimize noise, weather impacts, and other potential
concerns. Therefore, no fair argument or substantial evidence exists to suggest the
Project would create a significant impact, nor can it be reasonably perceived that the
Project would create a significant impact.
4) The project is not proposed near any designated scenic highways. Therefore, the
project will not create a significant impact on existing scenic highways.
5) According to the Department of Toxic Substance Control’s database of hazardous
waste site, EnviroStor, neither the project site nor any properties in the vicinity have
been identified as a hazardous waste site. Therefore, the project site does not
create a significant impact due to the location of hazardous waste sites.
6) The project site has not been identified as a historic resource by local or state
agencies, nor has the project site not been determined to be eligible for listing in the
National Register of Historic Places or California Register of Historical Resources.
Therefore, the Project would not adversely affect historic resources on the Project
Site or in the vicinity.
SECTION 4. Project Approval. The Planning Commission hereby recommends
approval of CUP25-0003.
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:
PLANNING COMMISSION RESOLUTION NO. 2892
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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. CUP25-0003,
pursuant to the conditions of approval in Exhibit A and the statement of use in
Exhibit B.
ADOPTED ON July 8, 2025.
LINDSAY HOLT
CHAIRPERSON
ATTEST:
ROSIE LUA
SECRETARY
I, Rosie Lua, Secretary of the City of Palm Desert Planning Commission, hereby certify
that Resolution No. 2892 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 July 8, 2025, by the
following vote:
AYES: COLLUM, MEYERHOFF, NICKERSON
NOES: NONE
ABSENT: HOLT
ABSTAIN: NONE
RECUSED: GREENWOOD
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on December _3_, 2025.
ROSIE LUA
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2892
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EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. CUP25-0003
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
irrigation, grading, and street improvement plans. All such plans shall be consistent with
the approved entitlement plans on file with the Development Services Department.
PLANNING COMMISSION RESOLUTION NO. 2892
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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 three (3) individual patio shade structures,
totaling 3,394 square feet of gross area, with a net usable area of 2,833 square feet, to
be constructed adjacent to two (2) multi-tenant commercial buildings at 36901 Cook
Street and 36891 Cook Street. Plans on file reflect revisions to the parking area,
landscaping, and architectural designs associated with the proposed structures. The
patios are designated with the following net usable areas:
x North Patio: 1,079 square feet
x Central Patio: 1,079 square feet
x South Patio: 622 square feet
8. The use shall operate as an extension of the adjoining restaurant spaces, in accordance
with the approved Statement of Use on file with the Development Services Department
(attached as Exhibit B). Any modifications to the restaurant spaces—including changes
in use, square footage adjustments, operational modifications, or alterations to hours of
operation—shall require review and approval by the Zoning Administrator, with potential
modifications to the approved conditions and seating plan.
9. Use of the facility outside of approved operating hours is prohibited, except for routine
maintenance, cleaning, and deliveries. Any other after-hours activity will require
additional review and approval.
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. 2892
for CUP25-0003 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 and Safety Division at the time of issuance of a building permit for the use
contemplated herewith.
PLANNING COMMISSION RESOLUTION NO. 2892
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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 25.60.120.
14. The Applicant shall comply with PDMC Chapter 9.24 for Noise Control Requirements.
No loud or disruptive music, sound, or noise shall be audible from the exterior of the
premises.
15. 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.
16. The Applicant shall not permit any loitering on the premises or on property adjacent to
the premises.
17. The requirements of PDMC Chapter 8.36 regarding smoking shall be complied with at all
times.
18. The design of the proposed retaining wall is subject to review by the City’s Development
Services Department and may require a stucco finish.
19. All permanent and temporary exterior signage shall comply with PDMC 25.56.
20. The Applicant shall provide payment for filing fees for the Notice of Exemption within five
(5) days of project approval.
ARCHITECTURAL REVIEW COMMISSION
21. The Applicant shall comply with all conditions of approval provided by the City’s
Architectural Review Commission on May 13, 2025, as follows:
A. The Applicant shall provide an updated University Village sign program to
clarify the new building frontage sign locations and blade signs, consistent with
DR25-0003 drawings. The updated sign program is to be approved by Staff.
B. Piping and conduit, which services the patio structures, shall be concealed.
PLANNING COMMISSION
22. The Applicant shall comply with all conditions of approval provided by the City’s Planning
Commission on July 8, 2025, as follows:
A. Should parking become an issue in the future, City staff will work with the
Applicant on any modifications necessary.
PLANNING COMMISSION RESOLUTION NO. 2892
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RIVERSIDE COUNTY FIRE DEPARTMANT
23. With respect to the planning conditions for the referenced project [CUP25-0003], the fire
department requires the following fire protection measures be provided in accordance
with Riverside County Ordinances, the current edition of California Fire Code (CFC) as
adopted and amended by the County of Riverside and/or recognized fire protection
standards.
24. Fire Protection Water Supplies/Fire Flow – Minimum fire flow for the construction of all
buildings is required per CFC Appendix B. Prior to building permit issuance for new
construction, the applicant shall provide documentation to show there exists a water
system capable of delivering the required fire flow. Specific design features may increase
or decrease the required fire flow.
A. Will Serve Letters from the responsible water purveyor are required prior to a
map recordation.
25. Fire Protection Water Supplies/Hydrants – The minimum number of fire hydrants
required, as well as the location and spacing of fire hydrants, shall comply with CFC
Appendix C and NFPA 24. Fire hydrants shall be located no more than 400 feet from all
portions of the exterior of the building along an approved route on a fire apparatus access
road, unless otherwise approved by the fire department. In areas where new water mains
are extended along streets and hydrants are not needed for protection of structures,
standard fire hydrants shall be provided at spacing not to exceed 1,000 feet along streets
for transportation hazards. Fire hydrants shall be at least 40 feet from the building it is
serving. A fire hydrant shall be located within 20 to 100 feet of the fire department
connection for buildings protected with a fire sprinkler system. The size and number of
outlets required for the approved fire hydrants are 4” x 2 ½” x 2 ½” (super hydrant).
Reference CFC as amended and NFPA 24.
26. Fire Department Access – Fire apparatus access roads shall be provided within 150 feet
of all exterior portions of buildings, unless otherwise approved by the fire department.
Fire apparatus access roads shall have an unobstructed width of no less than 24 feet.
Dead-end fire apparatus access roads exceeding 150 feet in length shall provide an
approved turn around. The minimum required turning radius of a fire apparatus access
road is 38 feet outside radius and 14 feet inside radius. (For developments with the SRA
and within the LRA VHFHSZ, the minimum required turning radius of a fire apparatus
access road is 74 feet outside radius and 50 feet inside radius. See California Code of
Regulations Title 14 Section 1273.04.) The construction of the fire apparatus access
roads shall be all weather and capable of sustaining 75,000 lbs. Unless otherwise
approved, the grade of a fire apparatus access road shall not exceed 16 percent, and
the cross slope shall not exceed 2.5 percent. The angles of approach and departure for
fire apparatus access roads shall be a maximum of 6 percent grade change for 25 feet
of approach/departure. Reference CFC as amended and Riverside County Fire
Department Policies and Standards.
PLANNING COMMISSION RESOLUTION NO. 2892
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27. 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.
28. These conditions are preliminary, and further review will occur upon receipt of
construction plans. Additional requirements may be required based upon the adopted
codes at the time of submittal.
END OF CONDITIONS OF APPROVAL
PLANNING COMMISSION RESOLUTION NO. 2892
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EXHIBIT B
Statement of Use
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