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HomeMy WebLinkAboutRes No 2840 PLANNING COMMISSION RESOLUTION NO. 2840 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 RELIGIOUS INSTITUTION WITHIN AN EXISTING OFFICE SUITE LOCATED AT 73726 ALESSANDRO DRIVE, SUITE 102 CASE NO. CUP23-0006 WHEREAS, Philip Garza ("Applicant") submitted a CUP application to establish a religious institution within an approximately 2,400-square-foot existing office suite located at 73726 Alessandro Drive, Suite 102 ("Project"); and WHEREAS, the proposed Project conforms to the General Plan land use designation of the Downtown District and development standards listed in the City's Zoning Ordinance for the Downtown Transition Overlay (D.E.-O) zoning district; and WHEREAS, the proposed Project is compatible with the uses in the vicinity of the location on Alessandro Drive 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, the 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 151h day of August 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: I PLANNING COMMISSION RESOLUTION NO. 2840 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 conditional use permit 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 Downtown Transition Overlay (DE-0), and religious institutions are permitted with a CUP. The DE-0 zoning district is designed to ensure appropriate scaling transitions to neighboring residential areas, allowing for housing development as well as civic, cultural, and personal services uses. Professional offices, commercial businesses, and residential dwellings are the predominant uses in the surrounding area. The nature of the proposed use would not change the character of the existing office complex in a way that would affect the purpose of the DE-0 zone. The church is located within an existing office 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 religious institution 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 office building. 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, as conditioned, will comply with the objective requirements of the Zoning Ordinance. The site complies with the intent and purpose of the DE-0 zoning district and development standards, as no modifications are proposed. There are 128 parking spaces in the interior parking lot and the existing uses already create a demand for 114 spaces. Because the church requires 17 parking spaces at a parking ratio of one (1) space per three (3) fixed seats, the parking is deficient by three (3) spaces. However, the Applicant has proposed a schedule that will ensure peak parking demand does not coincide with surrounding businesses. Attendees who come for the service or pastoral counseling use the parking lot during hours when nearby businesses are closed or about to close. Therefore, staff does not find this deficiency to be a significant concern. 2 PLANNING COMMISSION RESOLUTION NO. 2840 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 Downtown District. This land use designation is intended to provide a variety of civic, cultural, entertainment, retail, restaurant, and commercial services. The proposed use is a religious institution within an existing office complex. As presented and conditioned, the church does not significantly alter the character of the complex or inhibit the function of the office complex. 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 Facilities. 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 proposed church would involve minor interior improvements to accommodate the proposed use. As analyzed, the Project involves the establishment of a 2,400-square-foot religious institution within an existing office suite. The proposed Project complies with the development standards within the D.E.-O zoning designation and does not result in any additional square footage. The Project does anticipate minor interior alterations such as interior partitions, plumbing, and electrical conveyances to bring the suite up to California Building Code standards. Additionally, the Project is not subject to any of the exceptions for categorical exemptions identified in CEQA Guidelines Section 15300.2: 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 3 PLANNING COMMISSION RESOLUTION NO. 2840 Project site is not 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 hereby recommends approval of CUP23-0006; and SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City's office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings. SECTION 6. Execution of Resolution. The Chairperson of the Planning Commission signs this Resolution, and the Secretary to the Commission shall attest and certify to the passage and adoption thereof. 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 for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby approve Case No. CUP23-0006. 4 PLANNING COMMISSION RESOLUTION NO. 2840 ADOPTED ON August 15, 2023. Joe �We to Joe Pradetto(Aug 25.2023 13:23 POT) JOSEPH PRADETTO CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2840 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 August 15, 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 hereunto my hand and affixed the official seal of the City of Palm Desert, California, on August , 2023. f� RICHARD D. CANNONE, AICP SECRETARY 5 PLANNING COMMISSION RESOLUTION NO. 2840 EXHIBIT A CONDITIONS OF APPROVAL CASE NOS. CUP23-0006 PLANNING DIVISION: 1. The development and operations of the property shall conform substantially with exhibits on file with the Development Services Department, included as Exhibit "B" of this resolution, 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 Director of Development Services, ARC, 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. 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 construction of the said Project shall not commence within 24 months from the date of final approval, or a certificate of occupancy is issued for the structure, 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. 6 PLANNING COMMISSION RESOLUTION NO. 2840 5. The approved CUP shall only be modified with written City approval per PDMC Chapter 25.72.050. Any proposed changes to this CUP will require an amendment to the application, which may result in a new public hearing. 6. This approval authorizes the establishment of a 2,400-square-foot religious institution within the existing commercial space located within in Suite 102 of Building C at 73726 Alessandro Drive. 7. The use shall operate according to the hours specified in the approved Statement of Operations on file with the Department of Development Services and attached hereto as Exhibit "B" of this Resolution. 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 teaching room shall be used for religious services during the hours specified in the approved Statement of Operations on file with the Department of Development Services and attached hereto as Exhibit "B" of this Resolution. The teaching room shall not be used outside the approved hours of operation. 9. The maximum attendance shall be limited to 50 seats at any single time. Requests to increase the allowed attendance will require an amendment to the CUP. 10. 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. 11. 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. 2840 for CUP23-0006 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. 12. 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. 13. The Applicant or any successor in interest shall comply with all applicable local, state, and federal laws and regulations. 7 PLANNING COMMISSION RESOLUTION NO. 2840 14. 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. 15. This approval does not include approval of any new exterior signage. New exterior signage shall be submitted to the City for review and approval and comply with Chapter 25.56 of the PDMC at all times. 16. The Applicant shall provide payment for filing fees for the Notice of Exemption within five (5) days of project approval. 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 Marshall'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 8 PLANNING COMMISSION RESOLUTION NO. 2840 EXHIBIT B STATEMENT OF USE AND APPROVED EXHIBITS Statement of Use Fresh Fire Worldwide Ministries(Christian Ministry) 73726 Alessandro Dr Suite 102 Palm Desert,Ca,92260 Pastor: Philip Garza Four Volunteers: To be Determined Worship Service Times*: Sunday: 10:30am &6:30pm Tuesday: 6:OOpm Wednesday: 6:30pm Friday: 6:30pm All services last up to one hour, with follow-up meetings and gatherings lasting an additional 1-2 hours. All services above will have 5-10 con re ants with potential growth u to 50 total congregants. g g p g p 9 Z Z Address:73726 Ale ssandmDr 0 Suite 102,Palm Desert,CA 92260 0 APN:E27-171-023 in U) Zoning:DE-0 Z n Int Arm:f).47 Arrpz ---------- M U) 0 Tbtal Project Area:2,490 sf Gallery'Area:1,900 sf -VT Building A Tat al Area:6320 sf IU 00 Building B 7bfta I Area;10,122 sf O Praiect d `-•• Building C Total Areal:19,192 sf Area 192 %IAP .......... Applicant Contact Information: Property Owner Contact Information: Phi I ip Garza Tahoma 1,LLZ 760.501.57S2 JWA,LLC Phi jzarzL;G42,Mjzrn-ml.corn ABA Palm Desert,LLC C/O Baxley Properties 760,7733310 PLANNING COMMISSION RESOLUTION NO. 2840 73726 Alessandro Drive, Suite 102 Palm Desert, CA 92260 Floor Plan 40' 10' Entry Teaching 10' 10, 1 Total 2,400 SF I Of Storage 8' El 8 H Gallery 60' 8' 1 ,800 SF 8' 9 X U(> 'To s0 c44Fl112S To S-roo en /N .TIAC sr�vcr�v 10' (Zook /}Np 13Ro�Gb}T OJT As n,��hc1�., 71aG�e cN��o IIc- Fellowship PSG 1 iv'� i-� IT') M-ri-I 23' 9'Xf)r-ln �� to N0 /-co2C' 'T-Hr4AJ ❑ D Q V 11 PLANNING COMMISSION RESOLUTION NO. 2840 Alessandro Plaza Tenant Roster+Hours of Operation 73710 Alessandro Dr. (A) Suite: Use: Usable Square footage: Hours: Al Cosmetic Surgery 6,320 9:00-4:30 M-TH Institute 9:00-2:00 F 73712 Alessandro Dr.(B) Suite: Use: Usable Square footage: Sq g Hours: Bl Desert Serenity 2,500 10:00-4:00 W-TH Float 12:00-6:00 F 10:00-6:00 SAT 12:00-6:00 SUN B2 Path Pilates 2,500 9:00-5:00 M,W 8:00-5:30 TU ES,W 9:00-1:00 F 9:00-11:00 SAT,SUN B3 Desert Valley 2,500 9:00-4:00 M-TH Nursing B4 Baxley Properties 2,500 8:30-4:30 M-F Inc. 73726 Alessandro Dr.(C) Suite: Use: Useable Square footage: Hours: 101 Coast Capital LLC 2,200 Dry Storage 102 Subject Suite 2,400 See SOI 103 Dori Schneider 2,500 Appt.Only 104 Ed Fuches Design 1,800 10-6 M-F 201 Vacant 202 Home Instead Senior Care 4,700 8:30-5:00 M-F 203 All Desert Wellness 2,600 9:00—5:00 M-F 12 Res No 2840 Fresh Fire Ministries Final Audit Report 2023-08-25 Created: 2023-08-25 By: Monica O'Reilly(moreilly@palmdesert.gov) Status: Signed Transaction ID: CBJCHBCAABAAcC3mWc_PGWWNI-bHdN6XWpSSmFgtX3op "Res No 2840 Fresh Fire Ministries" History Document created by Monica O'Reilly(moreilly@palmdesert.gov) 2023-08-25-5:47:31 PM GMT C't Document emailed to joseph.pradetto2@gmail.com for signature 2023-08-25-5:48:09 PM GMT Email viewed by joseph.pradetto2@gmail.com 2023-08-25-5:48:24 PM GMT de Signer joseph.pradetto2@gmail.com entered name at signing as Joe Pradetto 2023-08-25-8:23:04 PM GMT dQ Document e-signed by Joe Pradetto Qoseph.pradetto2@gmail.com) Signature Date:2023-08-25-8:23:06 PM GMT-Time Source:server © Agreement completed. 2023-08-25-8:23:06 PM GMT Q Adobe Acrobat Sign