HomeMy WebLinkAboutRes No 26581
PLANNING COMMISSION RESOLUTION NO. 2658
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT FOR THE SALE OF TESLA BRANDED AUTOMOBILES AND
DEDICATION OF SIX (6) PARKING STALLS FOR VEHICLE DISPLAY
AND CHARGING STATIONS WITHIN THE GARDENS ON EL PASEO
PARKING STRUCTURE LOCATED AT 73-515 EL PASEO
CASE NO: CUP 15-317
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 1st day of December 2015, hold a duly noticed public hearing to consider the
request by The Gardens on El Paseo for approval of the above noted; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2015-75, the Director of Community Development has determined that
the project will not have a negative impact on the environment and qualifies as a Class 3
Categorical Exemption for the purposes of CEQA; and
WHEREAS, at 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:
FINDINGS:
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.
The site is located within the General Commercial (C-1) zoning district and
the El Paseo (E.P.) overlay district. The purpose of the C-1 zoning district is
to set development and operation standards for commercial uses and
activities. As a retail type use, Tesla is permitted to open a gallery storefront
within the C-1 zone and E.P overlay, and their type of business is compatible
with surrounding businesses. However, the dedication of an area for
permanent outdoor display and sales is subject to approval of a Conditional
Use Permit. The outdoor display area is appropriately distinguished from
other portions of the parking structure and dedication of the space impacts
less than 1% of total parking available. The display area is also done
tastefully and meets the design quality expected within the E.P. overlay.
Lastly, the location of the display is not highly visible to the public and does
not disrupt pedestrian flow within the overlay district.
PLANNING COMMISSION RESOLUTION NO. 2658
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 conditional use is adjacent to properties with similar zoning
designations and commercial uses. The site, which was originally developed
in the 1990s, and operates with various restaurants and commercial retail
uses. The proposed improvements to the existing building suite and use of
the retail storefront as a showroom are permitted in the General Commercial
zoning district. Parking lot improvements for the outdoor display area are
done to delineate Tesla's exclusive storage area from the general parking
areas of the parking structure. The functions of the parking structure will
remain unchanged. Therefore, the conditional use, building, and parking lot
improvements will not be detrimental to public health, safety, or welfare.
3. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
The interior building improvements comply with all applicable development
standards for building setbacks and height restrictions, parking requirements,
and operational standards contained in the zoning code. In addition, the use
of permanent outdoor display within the El Paseo overlay district is
determined on a case -by -case basis, and in this case, the display of vehicles
is minimal, hidden from the public, and does not pose any nuisances to the
public realm. No variances or adjustments are necessary for this proposal.
4. That the proposed conditional use complies with the goals, objectives, and
policies of the City's general plan.
The City's General Plan includes a Commercial Core Area Specific Plan that
includes commercial properties along the El Paseo corridor and other parts of
the City. The overarching goal of the Specific Plan is to "maximize project
area's potential for high quality economic development compatible with Palm
Desert's overall community goals and self-image." The proposed sales and
outdoor display of Tesla model vehicles on the lower level of the parking
structure complies with the Commercial Core Specific Plan as: the display is
minimized by providing only four (4) models on the site, lighting and branding
improvements are minimal and located interior of the structure, and the
improvements are not highly visible from outside properties. In this sense, the
improvements meet the overall self-image of Palm Desert and are compatible
with the goals of the General Plan and Commercial Core Specific Plan.
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PLANNING COMMISSION RESOLUTION NO. 2658
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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
15-317, subject to conditions attached.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 1st day of December 2015,
by the following vote, to wit:
AYES: CAMPBELL, DE LUNA, GREENWOOD, PRADETTO, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
TONY BAGATO, ACTING SECRETARY
PALM DESERT PLANNING COMMISSION
KEN ST: SELL, CHAIRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2658
CONDITIONS OF APPROVAL
CASE NO. CUP 15-317
Department of Community Development:
1. The improvements to the property shall substantially conform to the exhibits on file
with the Department of Community Development, as modified by the following
conditions.
2. Any proposed changes to this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
3. Construction of improvements to the parking structure shall commence within two
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.
4. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
• City Fire Marshall
• City Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented to
the Department of Building and Safety at the time of issuance of a building permit for
the use contemplated.
5. Testa may designate and utilize a maximum of six (6) parking stalls for the purpose
of vehicle display on the lower floor of The Gardens at El Paseo parking structure.
Testa shall also install a minimum of six (6) Testa charging stations within the
parking structure. The exclusive use of these stalls by Testa is subject to approval of
an amendment to the Parking Management Plan by the City Council.
6. A maximum of four (4) display vehicles are permitted within the Tesla's designated
display area. Two (2) charging stations shall be made available at all times for use
by the public.
7. Testa shall obtain a City business license and record all sales from their El Paseo
retail operation within the City of Palm Desert.
8. Testa vehicle test drives may utilize surrounding public streets. Test drives shall not
proceed into surrounding neighborhoods south of Shadow Mountain Drive and
Tumbleweed Lane.
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