HomeMy WebLinkAboutRes No 2831 PLANNING COMMISSION RESOLUTION NO. 2831
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) TO
ESTABLISH A PLACE OF WORSHIP WITHIN AN EXISTING LIGHT-
INDUSTRIAL SPACE LOCATED AT 42575 MELANIE PLACE, SUITE K
CASE NOS. CUP23-0004
WHEREAS, Ana Holmes ("Applicant") submitted a CUP application to establish a
religious place of worship within an approximately 4,000-square-foot existing light-industrial
building space located at 42575 Melanie Place, Suite K ("Project"); and
WHEREAS, the proposed Project conforms to the General Plan land use designation
of the Employment District and development standards listed in the City's Zoning Ordinance
for the Service Industrial (SI) zoning district; and
WHEREAS, the proposed Project is compatible with the uses in the vicinity of the
location on Melanie Place and conforms to the zoning designation and overlay 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 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 Article 19, Section
15301 Existing Facilities (Class 1) of the CEQA Guidelines, and is not subject to any
exceptions as identified in CEQA Guidelines Section 15300.2; therefore, no further
environmental review is necessary; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 16th day of May 2023, hold a duly noticed public hearing to consider the request by the
Applicant for approval of the above-noted Project request, subject to conditions; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; 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:
PLANNING COMMISSION RESOLUTION NO. 2831
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 Palm Desert Municipal Code
(PDMC) Section 25.72.050(F), the findings for the tentative map are the following:
1. That 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.
The proposed location is zoned Service Industrial (SI), and religious institutions are
permitted with a CUP. The SI zoning district is intended to allow for the development
of traditional business parks that support manufacturing, distribution, research and
development, and the service of products. Professional offices and manufacturing
facilities are the predominant uses in the surrounding area. The nature of the proposed
use would not change the character of the existing industrial business park in a way
that would affect the purpose of the Service Industrial district. The church is located
within an existing industrial building and does not propose any structural or exterior
changes that would alter the appearance of the site.
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 place of worship will not be detrimental to public health, safety, or
welfare, or be materially injurious to properties or improvements in the vicinity. Other
places of worship with similar use intensities have been established within the City in
centers with tangential uses. This type of use is not generally anticipated to create
adverse impacts on health, safety, or welfare. The use will operate within an existing
industrial building where a church, although unpermitted, has previously operated with
no complaints made to the City.
3. That the proposed conditional use will comply with each of the applicable provisions
of this title, except for approved variances or adjustments.
The proposed use will comply with the objective requirements of the zoning ordinance.
The site generally complies with the intent and purpose of the SI zoning district and
development standards, as no modifications are proposed. There are 60 parking
spaces in the interior parking lot, and the existing uses already create a demand for
54 spaces. Because the church requires 17 parking spaces at a parking ratio of one
space per three fixed seats, the parking is insufficient. However, staff has not received
complaints regarding parking or vehicular congestion at this site. Therefore, staff does
not find this deficiency to be a significant concern.
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PLANNING COMMISSION RESOLUTION NO. 2831
4. That the proposed conditional use complies with the goals, objectives, and policies of
the City's General Plan.
The project site has a General Plan land use designation of Employment District. This
land use designation is intended to provide office-intensive activity with some
manufacturing, research, and development. The proposed use is a place of worship
within an existing industrial building. As presented, the church does not significantly
alter the character of the complex or inhibit the function of the industrial business
park. Furthermore, the proposed hours of operation for the church are scheduled in a
way that will not interfere with the surrounding businesses' peak attendance and
parking demand.
SECTION 3. CEQA. The application has complied with the requirements of the "City
of Palm Desert Procedure for Implementation of CEQA" Resolution No. 2019-41, in that the
Planning Commission finds that the Project is exempt from CEQA per Section 15301 of the
State CEQA guidelines as the Project is a Class 1 Existing Development. Class 1 is intended
for projects involving 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. The
Project consists of a place of worship with a sanctuary, two private offices, and two
classrooms in an existing industrial building. The proposed church would involve minor
interior improvements to accommodate the proposed use. The Project will not involve the
expansion of the existing building. The Project is consistent with the Employment District
General Plan designation, as well as the Service Industrial zoning designation. Pursuant to
Section 15300.2 of the CEQA Guidelines, a Class 1 exception may not be used if the Project
falls into any exceptions:
1) The Project qualifies as a Class 1 exemption, which is not listed as one of the classes
under 15300.2 (A). The Project is not located on a site where it may have an adverse
impact on an environmental resource of hazardous or critical concern where
designated, precisely mapped, and officially adopted pursuant to law by federal, state,
or local agencies. The Project site will not impact designated environmental or
biological resources as it is not located within a conservation area as identified by the
(MSHCP).
2) The Project will not have a cumulative impact on the environment. The proposal does
not propose any structural changes to the site which would result in increased square
footage or a demand for more resources. The proposal does require additional
parking to support the proposed use; however, the staggered hours of operation offer
enough relief to avoid vehicular congestion.
3) There are no unusual circumstances identified in relation to the proposed use or
Project site which would result in a significant impact on the environment. The Project
site is not located within a flood zone per the latest FEMA Flood Zone Maps. The
Project site is located within an Urban Unzoned area per Fire Hazard Severity Zone
maps depicted in Figure 8.5 on Page 119 of the General Plan. The project site is not
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PLANNING COMMISSION RESOLUTION NO. 2831
identified within an Alquist-Priolo Fault Zone per the latest maps on file with the
California Department of Conservation; the nearest fault zone is the San Andreas
Fault located north of the Palm Desert City Limits.
4) The Project site is not located within proximity of any officially designated state Scenic
Highway. The nearest officially designated scenic highway is Highway 74, south of
Highway 111, located approximately three (3) miles southwest of the site.
5) Hazardous Waste Site: The Project site has not been identified as a hazardous waste
site per maps and databases provided by the California Department of Toxic
Substances Control (DTSC).
6) The Project site does not contain any structure or title that would designate it as a
historical resource. Therefore, the project will not cause a substantial adverse change
in the significance of a historical resource.
SECTION 4. Project Approval. The Planning Commission approves CUP23-0004; and
SECTION 5. Approval. The Planning Commission approves and adopts the Project,
subject to the Conditions of Approval attached hereto as Exhibit "A."
ADOPTED ON May 16, 2023
Na;icU ULtma
Nancy DeL na(May 18,202315:50 PDT)
NANCY DE LUNA
CHAIRPERSON
ATTEST:
HARD D. CANNONE, AICP
SECRETARY
4
PLANNING COMMISSION RESOLUTION NO. 2831
I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that
Resolution No. 2831 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, GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereur)to set my hand and affixed the official seal of the City
of Palm Desert, California, on May e , 2023.
RICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2831
EXHIBIT "A'
CONDITIONS OF APPROVAL
CASE NOS. CUP23-0004
PLANNING DIVISION:
1. The development of the property shall conform substantially with 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
Architectural Review Commission, 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. 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.
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. The CUP shall expire if the establishment 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.
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PLANNING COMMISSION RESOLUTION NO. 2831
5. The approved CUP shall only be modified with written City approval per PDMC Chapter
25.72.030. Any proposed changes to this CUP will require an amendment to the
application, which may result in a new public hearing.
6. The place of worship shall operate in Suite K of Building B and occupy a space of 4,000
square feet.
7. The use shall operate according to the hours specified in the approved Statement of
Operation (Exhibit "B") on file with the Development Services Department. Any changes to
the hours of operation must be reviewed and approved by the Planning Division and may
require review and approval by the ARC, Planning Commission, and/or City Council.
8. The sanctuary shall have no more than the proposed 50 fixed seats as identified in the
approved Statement of Operation (Attachment"B") on file with the Development Services
Department. Requests to increase the number of seats will require an amendment to the
Conditional Use Permit.
9. 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.
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. 2831
for CUP23-0004 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 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
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.
12. The Applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
13. 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.
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PLANNING COMMISSION RESOLUTION NO. 2831
14. Exterior signage shall comply with Chapter 25.56 of the PDMC at all times.
15. The Applicant shall provide payment for filing fees for the Notice of Exemption within five
(5) days of project approval.
16. This approval does not allow a daycare center.
BUILDING AND SAFETY DIVISION:
17. Any alteration or addition to the existing floor plan layout, use of areas, or occupancy will
require a tenant improvement building permit.
18. The Applicant shall coordinate directly with:
Riverside County Fire Marshal's Office
CAL FIRE/Riverside County Fire Department
Main: (760) 863-8886
77933 Las Montanas Road, Suite 201
Palm Desert, CA 92211
END OF CONDITIONS OF APPROVAL
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PLANNING COMMISSION RESOLUTION NO. 2831
EXHIBIT "B"
March 24,2023
To Whom It May Concern:
Below you will find the details regarding the usage of the following property:
47525 Melanie Place,Palm Desert,California.92211
This property will be used for the express purpose of holding church services,as well as any
other meetings related to this purpose.The operating hours will be as follows:
Hours of Operation
Sunday Services—9:00 AM—1:00 PM
Mid-Week Service(Wednesday)—6:30 PM—8:30 PM
Monday—Fridays—Pastoral Care(Counseling)by appointment only.
Saturdays—Closed(except for special event meetings)
Explanation of Staff and Volunteers
Breath of Life International Ministries contains:
• Two Ordained Pastoral Care workers(non-Paid)
• Four Volunteers(non-paid)
Total number of Parishioners
Breath of Life International Ministries expects to have up to 50 parishioners at any given time at
the above-mentioned location.
We hope that the information above will help to answer any questions you may have
concerning the usage of the above property.
Sincerely,
Ana C.Holmes
Co-Pastor
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PLANNING COMMISSION RESOLUTION NO. 2831
Building A 42575 Melanie Place
Suites Use Floor Area Hours
A-D Platinum Landscape 4,000 SgFt Office 8-4 M-F
Building B
Suite Use Floor Area Hours
F Life Saving certified 1000 Sq.Ft Office 8-5 M-F
G Perfect Pint 1000 Sq.Ft Ret.Mfg 12-6 M-W 12-8 Thurs-Sun
H California Doors 1000 Sq.Ft Retail 7:30-4 M-F
Pegasus Academy 1000 Sq.Ft Office 9-5 M-F
J Caring Hands 1000 SgFt. Office 9-5 M-F
K Breath of Life 4000 SgFt. Church 9-1 Sunday
(CUP Proposed) 6:30 pm-8:30 pm Wed.
O Matrix Fit Gym Appt Only
Building C
Suite Use
P-S Eco_Living 4000 SgFt. Office 8-5 M-F
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PLANNING COMMISSION RESOLUTION NO. 2831
Max Number of Attendees
Day of Week Description of Service Service Times Max#of Participants
Sundays Sunday Morning Service 9:00 AM -1:00 PM 50
Wednesday Mid-Week Service 6:30 PM -8:30 PM 50
4-
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Res No 2831
Final Audit Report 2023-05-18
Created: 2023-05-18
By: Monica O'Reilly(moreilly@palmdesert.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAUpeZCQNpd99iH6-wYG19gyXuZyssi7Qh
"Res No 2831 " History
t') Document created by Monica O'Reilly (moreilly@palmdesert.gov)
2023-05-18-9:36:36 PM GMT
Document emailed to nancyjdeluna@gmail.com for signature
2023-05-18-9:36:55 PM GMT
Email viewed by nancyjdeluna@gmail.com
2023-05-18-10:49:41 PM GMT
Signer nancyjdeluna@gmail.com entered name at signing as Nancy DeLuna
2023-05-18-10:50:08 PM GMT
Goo Document e-signed by Nancy DeLuna (nancyjdeluna@gmail.com)
Signature Date:2023-05-18-10:50:10 PM GMT-Time Source:server
!� Agreement completed.
2023-05-18-10:50:10 PM GMT
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