City Council

8. Appeal of Environmental Assessment, EA 04-23, Site Plan Review, SPR 03-23,\nVariance, V 01-23; Nice Dream Ices: a request to change the use of an\napproximately 3,936 square foot retail store to ice cream shop, retail, cafe,\nbakery, and cocktail bar on a 0.51 acre site. The request also includes a variance\nfrom the required number of parking stalls. The property is located at 56778\nTwentynine Palms Highway and is also identified as Assessor Parcel Numbers\n(APN) 0595-111-33. The proposed project is located approximately 500 feet to\nthe east of the intersection of Twentynine Palms Highway and Grand Avenue on\nthe north side of Twentynine Palms Highway.\nRecommendation:\nEnvironmental Assessment, EA 04-23:\nThe Town Council finds that the project is exempt from CEQA under\nSection 15301, Class 1, Existing Facilities since the proposed project\nconsists of the operation, repair, maintenance, permitting, leasing,\nlicensing, or minor alteration of an existing private structure.\nAlternative Recommendation 1:\nSite Plan Review, SPR 03-23:\nThat the Town Council upholds the Planning Commission action, denies\nthe request for a waiver of infrastructure requirements based on the\ninformation contained within the staff report and the required findings.\nAnd that the Town Council approves SPR 03-23, Nice Dream Ices, a\nproposal to change the use of the existing 3,936 square foot structure\nlocated at 56778 Twentynine Palms Highway from retail use to food\nservice use. The proposed use includes vegan scoop shop, café, bakery,\ncocktail bar, and retail on approximately 0.51 acres, with parking and\nlandscaping, based upon the information contained within the staff\nreport, the recommended conditions of approval and the required\nfindings.\nVariance, V 01-23:\nThat the Town Council approves V 01-23, Nice Dream Ices, a request for\na variance from the required 25 parking spaces per section 9.33.040 of\nthe Town’s Development Code reduced to 20 parking spaces, based\nupon the information contained within the staff report, the\nrecommended conditions of approval and the required findings.\nAlternative Recommendation 2:\nThat the Town Council directs the Planning Commission, at their\nmeeting of October 10, 2023, to forward a recommendation to the\nTown Council for consideration of amending Section Chapter\n9.68.020(D) of the Yucca Valley Development Code, eliminating the\nrequirement for construction of off-site improvements for change of\nuse projects, and directs the Planning Commission to reconsider SPR 03-\n23 at that time.\nDEPARTMENT REPORTS: