HomeMy WebLinkAboutRes No 2830 PLANNING COMMISSION RESOLUTION NO. 2830
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FOR
PLANNING CASE NO. PRECISE PLAN AND CONDITIONAL USE PERMIT
20-0006 TO CONVERT THE EXISTING OFFICE BUILDING INTO FOUR
OFFICE USE TENANTS, INCLUDING AN EXTERIOR REMODEL, A NEW
850-SQUARE-FOOT ADDITION TO THE SECOND FLOOR, AND A NEW
631-SQUARE-FOOT GARAGE LOCATED AT 74330 ALESSANDRO DRIVE
CASE NO. PP/CUP20-0006 Extension of Time No. 1
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 41h day of May 2021, adopt Resolution No. 2791, adopting a Notice of Exemption pursuant
to California Environmental Quality Act (CEQA) State Guidelines Section 15532 (Class 32 —
Infill Development Projects), and approving a Precise Plan and Conditional Use Permit
(PP/CUP 20-0006) to convert the existing building located at 74330 Alessandro Drive into
four (4) professional office use tenants, an exterior remodel, a new 850-square-foot addition
to the second floor, a new 631-square-foot garage, new landscaping, a new trash enclosure,
and parking lot modifications, including a reduction to allow six (6) on-site parking spaces;
and
WHEREAS, the effective date of Planning Commission Resolution 2791 is May 20,
2021, and the expiration date of the approval is May 20, 2023; and
WHEREAS, a timely request was filed by Eddie Sanin, the property owner, for a one-
year time extension of Planning Case No. PP/CUP 20-0006; and
WHEREAS, the Project site is designated as Downtown (D) by the Land Use Element
of the Palm Desert General Plan adopted on November 10, 2016, and the Project is
consistent with the development intensity and use characteristics considered by the Palm
Desert General Plan for the Downtown land use designation; and
WHEREAS, the Project site has a zoning designation of Downtown Edge Transition
Overlay (DE-0) which allows the approved project; and
WHEREAS, the original findings and Conditions of Approval in the entirety for
Planning Case No. PP/CUP 20-0006, as stated in Planning Commission Resolution No. 2791
are still applicable to the project and incorporated herein by reference; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 161h day of May 2023, hold a duly noticed public hearing to consider the request by the
property owner for approval of the above-noted extension of time 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; and
PLANNING COMMISSION RESOLUTION NO. 2830
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; and
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. Project Approval. The Planning Commission approves a one-year time
extension for Planning Case No. PP/CUP 20-0006 from May 20, 2023, to May 20, 2024,
subject to the Conditions of Approval attached hereto as Exhibit "A."
ADOPTED ON May 16, 2023
Nvc� De[um
Nancy Dp-una(May 18,2023 1425 PDT;
NANCY DE LUNA
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2830
I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that
Resolution No. 2830 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 May 16, 2023, by the
following vote:
AYES: DE LUNA, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
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 May �, 2023.
RICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2830
EXHIBIT "A"
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP20-0006 EXTENSION OF TIME NO. 1
PLANNING DIVISION:
1. 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. The
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.
2. The Applicant shall comply with the Conditions of Approval of the previously approved
Planning Case No. PP/CUP20-0006, per Planning Commission Resolution No. 2791,
attached hereto as Exhibit B in their entirety. The Conditions of Approval are still
applicable in and valid and are incorporated herein by reference. The entitlement will
expire on or before May 20, 2024.
END OF CONDITIONS OF APPROVAL
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PLANNING COMMISSION RESOLUTION NO. 2830
EXHIBIT"B"
PLANNING COMMISSION RESOLUTION NO.2791
' A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN AND
CONDITIONAL USE PERMIT (CASE NO. PP/CUP 20-0006) TO CONVERT
THE EXISTING OFFICE BUILDING INTO FOUR OFFICE USE TENANTS,
INCLUDING AN EXTERIOR REMODEL, A NEW 850-SQUARE-FOOT
ADDITION TO THE SECOND FLOOR, AND A NEW 631-SQUARE-FOOT
GARAGE LOCATED AT 74330 ALESSANDRO DRIVE;AND ADOPTION OF
A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT(CEQA)
CASE NO: PP/CUP 20-0006
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 41" day of May 2021, hold a duly noticed public hearing to consider the request by Prest
Vuksic Greenwood Architects,for approval of the above-noted project request; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the City
must determine whether a proposed activity is a project subject to CEQA. If the project is
subject to CEQA, staff must conduct a preliminary assessment of the project to determine
whether the project is exempt from CEQA review. If a project is not exempt, further
environmental review is necessary. The application has complied with the requirements of
the"City of Palm Desert Procedure for Implementation of the California Environmental Quality
' Act," Resolution No. 2019-41, the City of Palm Desert (City), in its capacity as the Lead
Agency for this project under the CEQA, in the Director of Community Development has
determined that the proposed project is an Article 19 Class 32: In-Fill Development Projects
(15332) Categorical Exemption for purposes of CEQA and no further review is necessary;
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 to exist to justify approval of said request:
FINDINGS FOR APPROVAL:
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 Downtown Edge Transition Overlay (DE-0) zoning
district. The DE-0 zone introduces a transition from smaller retail and office uses
adjacent to residential neighborhoods, subject to a Conditional Use Permit(CUP). A
CUP must be reviewed and approved by the Planning Commission to ensure there is
adequate parking and land use compatibility with surrounding properties. The
surrounding properties consist of a variety of uses from multifamily units, single-family
homes, offices, a massage establishment, a tattoo business, restaurant/bars, and
' other retail uses.
It can be determined that the approval of this CUP subject to the attached conditions,
is consistent with the existing surrounding land uses and with parking requirements.
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PLANNING COMMISSION RESOLUTION NO. 2830
PLANNING COMMISSION RESOLUTION NO.2791
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 with office, residential and commercial uses. The existing building has
operated as an office use with daily customer trips to the property since 1991. The
City has no documentation of complaints from the neighborhood. The surrounding
properties consist of a variety of uses from multi-family units, single-family homes,
offices, a massage establishment, a tattoo business, restaurant/bars, and other retail
uses. The tenant spaces range from 606 to 1,104 square feet, which are geared
towards smaller office uses. The office uses will operate during typical office hours
Monday through Friday from 8:00 a.m. to 5:00 p.m., with occasional weekend hours.
The proposed project maintains a land use that provides an attractive building design
that will help update the neighborhood and provides for low-intensity use with no
overnight parking.
The businesses are compatible and do not create a negative impact such as noise to
the adjacent residents.Additionally,staff believes that there is adequate public parking
available, and the use will not create a public nuisance in regards to parking.
This project,as mitigated by the conditions of approval, 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 already constructed and available
throughout the surrounding area.
The proposed use will comply with all building, life safety, and environmental
standards. The site complies with the Americans with Disabilities Act (ADA).
Therefore, the conditional use 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 existing building, new additions, exterior remodel, and proposed conditional use
complies with all applicable development standards for building setbacks and height
restrictions,all operational standards contained in the zoning code,and is consistent with
the intent of the Zoning Ordinance. The office uses operate during normal business
hours. This project will provide a service to the community and 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 City's General Plan designates this property as "City Center/Downtown,"which '
allows a variety of civic, cultural, office, entertainment, retail, restaurants, and other
commercial services organized along walkable streetscapes. Staff believes that the
business model fits this vision by offering services and employment opportunities in
close proximity to residents.
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PLANNING COMMISSION RESOLUTION NO. 2830
PLANNING COMMISSION RESOLUTION NO.2791
Additionally, the General Plan includes a Commercial Core Area Specific Plan that
includes properties within the area. 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 use and
site improvements comply with the Commercial Core Specific Plan as they make a
substantial investment into the building.
The proposed use is in keeping with the General Plan and the vision within the General
Plan. The project is consistent with the General Plan in respect to the appropriate use at
the proposed location. The businesses are compatible with surrounding land uses, and
are effectively located in a remote area, and should not cause any disturbances to
adjacent residents.
NOW,THEREFORE, BE IT ORDAINED 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 the project as proposed.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 4" day of May 2021, by the
' following vote,to wit:
AYES: DE LUNA, GREGORY,and HOLT
NOES: NONE
ABSENT: GREENWOOD and PRADETTO
ABSTAIN: NONE
JOqN REER5ifOD,ICHAIRY
ATTEST:
ERIC CEJA,SEPRETARY
PALM DESERT LANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2830
PLANNING COMMISSION RESOLUTION NO.2791
CONDITIONS OF APPROVAL
CASE NO: PP/CUP 20-0006 '
LAND DEVELOPMENT(PLANNING/ENGINEERING)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. 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.
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 project and all Palm Desert
Municipal ordinances and state and federal statutes now in force, or which hereafter may
be in force.
4. Prior to issuance of a building permit for construction of any use or structure
contemplated by this approval, the applicant shall first obtain permits and/or clearance
from the following agencies:
Building&Safety Division
Public Works Department '
Fire Department
Coachella Valley Water District(CVWD)
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.
5. The Applicant shall agree to defend, indemnify, and hold harmless the City of Palm
Desert or its agents, officers, and employees from any claim, action, or proceeding
against the City of Palm Desert or its agents, officers or employees,to attack, set aside,
void, or annul, any approval of the City of Palm Desert, whether by its City Council,
Planning Commission, or other authorized board or officer of the City.
6. All sidewalk plans shall be reviewed and approved by the Department of Public Works.
7. Lighting plans shall be submitted in accordance with Palm Desert Municipal Code
(PDMC) Section 24.16 for any landscape, architectural, street, or other lighting types
within the project area.
8. The property shall be maintained in accordance with landscape maintenance
requirements contained in the PDMC.
9. The applicant or any successor in interest shall comply with all applicable local, state, '
and federal laws and regulations.
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PLANNING COMMISSION RESOLUTION NO. 2830
PLANNING COMMISSION RESOLUTION NO.2791
' PUBLIC WORKS DEPARTMENT:
Prior to the issuance of grading permits the applicant shall:
10. The applicant shall submit a grading plan to the Permit Center for review and approval.
Any changes to the approved civil plans must be reviewed for approval prior to work
commencing.
11. The applicant shall submit a PM10 application for approval. The applicant shall comply
with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control.
12. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,Section
24.20 Stormwater Management and Discharge Ordinance.
13. The applicant shall pay the appropriate signalization fee in accordance with City of Palm
Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section
26.49 of PDMC Code and Palm Desert Ordinance Number 653.
14. The applicant shall enter into and record an indemnity agreement for existing items in
the public right-of-way.
15. The applicant shall enter into an agreement and post security, in a form and amount
acceptable to the City Engineer, guaranteeing the construction of all off-site
' improvements. Improvements shall include, but are not limited to:
A. The construction of one commercial driveway on Alessandro Drive.
B. The modification of an existing curb ramp on the corner of Alessandro Drive and
Santa Ynez Avenue to bring into ADA compliance.
BUILDING AND SAFETY DIVISION:
16. This project shall comply with the latest adopted edition of the following codes:
A. 2019 California Building Code and its appendices andstandards.
B. 2019 California Plumbing Code and its appendices and standards.
C. 2019 California Mechanical Code and its appendices and standards.
D. 2019 California Electrical Code.
E. 2019 California Energy Code.
F. 2019 California Green Building Standards Code
G. 2019 California Administrative Code.
H. 2019 California Fire Code and its appendices and standards.
17. Provide building height and area analysis to determine compliance with CBC Section 503.
Justify any area increases to height and area as permitted per CBC Sections 504 and 506.
' 18. Provide a complete set of scaled or fully dimensioned elevations to determine the number of
stories for the proposed project. CBC Section 503 (Definition of "Grade Plan" "Story' and
"Story above grade plane").
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PLANNING COMMISSION RESOLUTION NO. 2830
PLANNING COMMISSION RESOLUTION NO.2791
19. Submit an exit plan that labels and clearly shows compliance with all required egress features
such as, but not limited to,common path of travel, required number of exits and separation, '
occupant load, required width,continuity,travel distance,elevators,etc.CBC 1001.1.
20. An approved automatic fire sprinkler system shall be installed as required per the City of Palm
Desert Code Adoption Ordinance 1351.
21. A disabled access overlay of the precise grading plan is required to be submitted to the
Department of Building and Safety for plan review of the site accessibility requirements as per
2016 CBC Chapters 11 A&B(as applicable)and Chapter 10.
22. All exits must provide an accessible path of travel to the public way. (CBC 1027.5& 11B-
206).
23. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-
705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA
requirement is more restrictive than the State of California, the ADA requirement shall
supersede the State requirement.
24. All contractors and subcontractors shall have a current City of Palm Desert Business License
prior to permit issuance per Palm Desert Municipal Code,Title 5.
25. All contractors and/or owner-builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per California '
Labor Code, Section 3700.
26, Address numerals shall comply with Palm Desert Ordinance No. 1351 (Palm Desert
Municipal Code 15.28. Compliance with Ordinance 1351 regarding street address location,
dimension, stroke of line,distance from the street,height from grade,height from street,etc.
shall be shown on all architectural building elevations in detail. Any possible obstructions,
shadows, lighting, landscaping,backgrounds or other reasons that may render the building
address unreadable shall be addressed during the plan review process.You may request a
copy of Ordinance 1351 or Municipal Code Section 15.28 from the Department of Building
and Safety counter staff.
27. Please contact Tameca Williams,Management Specialists Il,at the Permit Center(760-776-
6420)regarding the addressing of all buildings and/or suites.
FIRE DEPARTMENT:
28. Fire Sprinkler System: An automatic sprinkler system shall be provided throughout all
buildings with a Group R fire area. Ref CFC 903.2.8.
29. Fire Alarm and Detection System: A water flow monitoring system and/or fire alarm
system may be required and determined at the time of building plan review. Ref. CFC
903.4, CFC 907.2 and NFPA 72. '
30. Knox Box and Gate Access: Buildings shall be provided with a Knox Box. The Knox Box
shall be installed in an accessible location approved by the Office of the Fire Marshal.All
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PLANNING COMMISSION RESOLUTION NO. 2830
PLANNING COMMISSION RESOLUTION NO.2791
electronically operated gates shall be provided with Knox key switches and automatic
' sensors for access. Ref. CFC 506.1.
31. Addressing: All residential dwellings shall display street numbers in a prominent location
on the street side of the residence. All commercial buildings shall display street numbers
in a prominent location on the address side and additional locations as required. Ref.
CFC 505.1 and County of Riverside Office of the Fire Marshal Standard No. 07-01.
32. 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
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Res No 2830
Final Audit Report 2023-05-18
Created: 2023-05-18
By: Monica O'Reilly(moreilly@palmdesert.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAkyPAC9JJi3HPty-8m4DkDLSrN9AFY12o
"Res No 2830" History
41 Document created by Monica O'Reilly(moreilly@palmdesert.gov)
2023-05-18-8:32:04 PM GMT
- Document emailed to nancyjdeluna@gmail.com for signature
2023-05-18-8:32:40 PM GMT
``� Email viewed by nancyjdeluna@gmail.com
2023-05-18-9:24:51 PM GMT
&o Signer nancyjdeluna@gmail.com entered name at signing as Nancy DeLuna
2023-05-18-9:25:20 PM GMT
&o Document e-signed by Nancy DeLuna (nancyjdeluna@gmail.com)
Signature Date:2023-05-18-9:25:22 PM GMT-Time Source:server
(il Agreement completed.
2023-05-18-9:25:22 PM GMT
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