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HomeMy WebLinkAboutRes No 2797 PLANNING COMMISSION RESOLUTION NO. 2797 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, CONSIDERING AN ADOPTION A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL ACT (CEQA), AND APPROVAL OF A CONDITIONAL USE PERMIT (CUP) TO ALLOW EMMETT GOLFCARS TO PROVIDE RETAIL SALES OF GOLF CARTS WITHIN THE SERVICE INDUSTRIAL ZONE LOCATED AT 75175 MERLE DRIVE, SUITE 180 CASE NO: CUP 21-0002 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21 st day of September 2021, hold a duly noticed public hearing to consider the request by Emmett Golfcars for approval of the above-noted; and WHEREAS, Emmett Golfcars proposed to display golf carts indoors within a 960- square-foot warehouse and outdoors within an enclosed 1,624-square-foot yard for sale purposes located at 75175 Merle Drive, Suite 180 within the Service Industrial (SI) zone, subject to a CUP ("Project"); and WHEREAS, the Project is located within the City's SI zone and Designated Employment District in the City's General Plan; and WHEREAS, the Planning Commission on January 18, 2000, approved Resolution No. 1967, approving Precise Plan 99-23 for a 12,768-square-foot Industrial/Office complex at the southwest corner of Melanie Place and Merle Drive; 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 proposed Project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA" Resolution No. 2019-41, in that the Director of Development Services has determined that the Project will not have a significant impact on the environment and that the Project is categorically exempt under Section 15301 Class 1: Existing Facilities of the CEQA Guidelines; 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, said Planning Commission did make the following findings to justify the approval of said request: PLANNING COMMISSION RESOLUTION NO. 2797 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 21- 0002, subject to conditions attached. Palm Desert Municipal Code Section 25.72.050 Conditional Use Permit, necessary 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 property is located within the Service Industrial (SI) zoning district. Palm Desert Municipal Code (PDMC) Section 25.16.020 C states that this district allows automobile sales among other uses intended for use within Palm Desert and surrounding communities. The proposed use to incorporate golf cart retail sales in addition to the existing repair and maintenance services of golf carts meets the intended use of the S1 zoning since these are geared to increase services for Palm Desert and surrounding communities. The surrounding uses consist of industrial offices/warehouse businesses and automotive uses. Other auto sale businesses within the Cook Street Industrial Business Park have demonstrated compatibility with the surrounding businesses. PDMC Section 25.16.030 Allowed Land Uses and Permit Requirements, Table 25.16- 1: Use Matrix for Commercial and Industrial Districts permits auto sales subject to a CUP. The proposed golf cart sales requires a CUP, while the existing uses at this location are permitted uses as listed in PDMC Section 25.16.030. The CUP will allow the regulation of the sales display area (indoors/outdoors), limit the number of golf carts for sale displayed on the premises, hours of operation, specify areas for no street parking, and provide parameters for compliancy of advertising devices. All golf carts will be stored within the building and the enclosed outdoor yard which provides screening from public view of the display area. Staff finds that the proposed project is consistent with the Employment land use designation and the S1 zone since the project does not conflict with any applicable land use plan, policy, or regulation outlined in the General Plan. 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, welfare, or be materially injurious to properties or improvements in the vicinity. The proposed conditional use is adjacent to properties with similar land uses. The proposed project to include golf cart sales and display between 15 to 22 golf carts indoors and outdoors, within an enclosed yard complies with PDMC Section 25.16.030 Allowed Land Uses and Permit Requirements, Table 25.16-1: Use Matrix for Commercial and Industrial Districts, as auto sales are subject to a CUP. The existing building complies with all building codes, life safety, and environmental standards. No 2 PLANNING COMMISSION RESOLUTION NO. 2797 new building and site improvements are necessary since the site complies with the Americans with Disabilities Act (ADA). Therefore, the conditional use will not be detrimental to public health, safety, or welfare. The business currently is operating in this location offering golf cart repair and maintenance, and the business owner is seeking to expand to allow for on-site sales. The applicant anticipates displaying from 15 to 22 golf carts for sale purposes, which includes carts that are under repair and or maintenance. All golf carts will be stored indoors (between 8-10) and outdoors (between 10-12) within the attached 1,624- square foot yard. Surrounding the yard is an existing eight-foot-high masonry block wall, which will screen all golf carts from public view. There will be no golf carts stored within the parking lot or along the street frontages of Melanie Place and Merle Drive. It can be determined that the approval of this CUP is consistent with the existing surrounding land uses and with the on-site parking demand. The building also conforms to all development standards contained in the Zoning Ordinance. The proposed type of business conducted at this site will be compatible with the surrounding businesses. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. On January 18, 2000, the Planning Commission adopted Resolution No. 1967, approving Precise Plan 99-23 for a 12,768-square-foot Industrial/Office complex at the southwest corner of Melanie Place and Merle Drive. The existing buildings comply with all applicable development standards for building setbacks and height restrictions, and operational standards contained in the zoning code. The proposed golf cart sales requires a CUP, while the existing uses at this location are permitted uses as listed in PDMC Section 25.16.030. The CUP provides conditions to regulate the proposed business operations, including the regulation of the sales display area (indoors/outdoors), limit the number of golf carts for sale displayed on the premises, hours of operation, specify areas for no street parking, and provide parameters for compliance of advertising devices. All golf carts will be stored within the building and the enclosed outdoor yard, which provides screening from public view of the display area. Based on the use and the business operation, staff finds that there is adequate parking available, and the use will not create a public nuisance. The proposed use does not require approval of any variances or adjustments. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's general plan. The General Plan land use designation for the site is Employment District, which is intended to provide a wide variety of office-intensive activity that could include some manufacturing along with research and development opportunities. In addition, some allowed land uses include office and limited commercial activity. The proposed business consists of a small office, repair, and light retail activity. The additional proposed use that incorporates retail sales that are limited to 22 golf carts is consistent with the Employment District designation, which is light retail activity. The project is consistent with the General Plan in respect to the appropriate use of the proposed location and its compatibility with surrounding land uses. 3 PLANNING COMMISSION RESOLUTION NO. 2797 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 2111 day of September 2021, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE HN REENbvpbD, CHAT ATTEST: MARTIN ALVAREZ, SECRETARY PALM DESERT PLANNING COMMISSION 4 PLANNING COMMISSION RESOLUTION NO. 2797 EXHIBIT "A" CONDITIONS OF APPROVAL CASE NO: CUP 21-0002 PLANNING/LAND DEVELOPMENT DIVISION: 1. The development of the property shall conform substantially with exhibits on file with the Development Services Department, 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, Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. 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. Developer upon such notification shall deposit with City sufficient funds in the judgment of 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 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 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 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 PDMC, and state and federal statutes now in force, or which hereafter may be in force. 4. All construction documentation, if any, 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. 5. Any proposed modifications to this approval shall require an amendment to the application, which will result in a new public hearing. 5 PLANNING COMMISSION RESOLUTION NO. 2797 6. 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: Building & Safety Division City Fire Marshal Coachella Valley Water District 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. 7. The Applicant or any successor in interest shall comply with all applicable local, state, and federal laws and regulations. 8. The applicant shall obtain a City Business License per Chapter 5.04 Business License and Taxing. 9. The hours of operation shall be conducted seven days a week (Monday — Sunday) between 8:00 a.m. and 5:00 p.m. 10. The business shall not display more than a total of 22 golf carts on-site. If the applicant wants to display more golf carts, then an amendment to the CUP will be required. 11. No golf carts shall be parked off-site along Melanie Place and/or Merle Drive. 12. The applicant shall not display any balloon, flag, pennant, propeller; oscillating, rotating, pulsating light; or other contrivance except a sign per Chapter 25.56 used to attract attention for the purpose of promoting (either directly or indirectly), the sale of products of any person. 13. The applicant shall not allow wash water from golf cart washing activities to leave the site unless it is treated to remove pollutants prior to discharge to the street. END OF CONDITIONS OF APPROVAL 6