HomeMy WebLinkAboutRes No 2865PLANNING COMMISSION RESOLUTION NO. 2865
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
ALLOW A 24-HOUR EMERGENCY ANIMAL CLINIC WITHIN AN EXISTING
BUILDING LOCATED AT 73495 HIGHWAY 111, AND FINDING THE
PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
CASE NO. CUP24-0001
WHEREAS, Veterinary Emergency Group (“Applicant”), submitted an CUP application
to operate a 24-hour emergency animal clinic (“Project”) within an existing approximately
4,837-square-foot building located at 73495 Highway 111 located on Assessor’s Parcel
Number (“APN”) 627-211-025; and
WHEREAS, the Project site is currently within the Downtown Core Overlay (“D-O”)
zoning district and is designated Downtown / Center by the Palm Desert General Plan Land
Use Element; and
WHEREAS, on November 16, 2023, the City Council of the City of Palm Desert
adopted Ordinance No. 1405, which amended Title 25 of the Palm Desert Municipal Code to
allow animal clinics as an allowable land use within the D-O zoning district subject to
standards and the approval of a conditional use permit by the Planning Commission; and
WHEREAS, the proposed Project conforms to the General Plan land use designation
of the Downtown/ City Center and specific use standards listed in the City’s Zoning Ordinance
for the animal clinics; 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 Project; and
WHEREAS, the Project 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 foreseeable significant
impact on the environment and that the Project is eligible for an exemption pursuant to Article
19, Section 15301 Existing Facilities (Class 1) and Section 15303 New Construction or
Conversion of Small Structures (Class 3); therefore, no further environmental review is
necessary at this time; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of May 2024, hold a duly noticed public hearing to consider the request by the
Applicant for approval of the above-noted Project 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:
PLANNING COMMISSION RESOLUTION NO. 2865
2
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. Findings on Conditional Use Permit. As required by PDMC Section
25.72.050(F), the Planning Commission makes the following findings to approve the:
1. 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 of the conditional use is in accord with the objectives of the
Palm Desert Zoning Ordinance and the purpose of Downtown Core Overlay (D-O)
district. The D-O zoning district permits buildings up to four stories and prohibits
residential uses on the ground floor, with which the proposed conditional use
complies. (PDMC Section 25.18.030.) Further, the Downtown Districts, including
the D.O. zone, are intended to provide a mixture of land uses including shops,
workplaces, residences, and civic buildings within walking distance of one another.
(PDMC § 25.18.010.) The proposed animal clinic use is compatible with this intent
with approval of a Conditional Use Permit
2. 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 location and conditions of the proposed animal clinic poses no detrimental
effects to the public health, safety, or welfare, nor will it be materially injurious to
properties or improvements in the vicinity. The proposed condition use is located
within an existing commercial building with sufficient parking. The site has been
previously designed to meet access, utilities, setbacks, lot coverage, building
height, land use, and parking requirements for nonresidential uses.
3. The proposed conditional use will comply with each of the applicable provisions of
this title, except for approved variances or adjustments.
The proposed conditional use, an animal clinic, will comply with each of the
applicable provisions of the City’s zoning ordinance. The proposed use is permitted
at the Project’s proposed location, subject to approval of the requested Conditional
Use Permit. The Downtown Districts, including the D.O. zone, are intended to
provide a mixture of land uses including shops, workplaces, residences, and civic
buildings within walking distance. The proposed conditional use complies with the
specific use standards required by PDMC 25.34.210.
Further, the proposed conditional use complies with all development standards,
including parking. Sufficient parking will be made available on the adjacent
property within the same shopping center. Finally, it will be located within an
existing commercial structure with no proposed floor area expansion that complied
PLANNING COMMISSION RESOLUTION NO. 2865
3
with all applicable zoning ordinances at the time it was constructed. All proposed
renovations will comply with applicable performance and development standards.
4. The proposed conditional use complies with the goals, objectives, and policies of
the City’s General Plan
The subject property is designated Downtown/City Center per the General Plan
Land Use Element. This designation is intended for “high intensity mixed-use
development anchored by civic, cultural, entertainment, retail and dining activity
that features a variety of building sizes and housing choices.” (Page 38, General
Plan.) It allows a variety of land uses including “service” uses on the ground floors.
The proposed use fits this designation as part of a mixed-use community serving
residents.
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 an Article 19, Section 15301 Existing Facilities (Class
1) project and Section 15303 New Construction or Conversion of Small Structures (Class 3).
Class 1 consists of 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. Class
3 Categorical Exemptions apply to the installation of small new equipment in small structures
and the conversion of existing small structures from one use to another where only minor
modifications are made in the exterior of the structure.
Additionally, the Project is not subject to any of the exceptions for categorical exemptions
identified in CEQA Guidelines Section 15300.2:
a) The project site is an existing building located within an existing urban area that has
been developed for several years. This site has not been identified as an area of
critical concern officially adopted pursuant to federal, state or local agencies. There
is no potential that the project may impact a designated environmental resource of
hazard or critical concern.
b) There is no substantial evidence on the record that the Project would create a
cumulative impact. There are no known projects proposing similar uses in the
immediate Project vicinity. Therefore, it is not anticipated that any successive projects
of the same type in the immediate vicinity would create cumulative impacts.
c) No unusual circumstances exist for the proposed project, project site or immediate
vicinity. The project is proposing a new use to be located within an existing
commercial structure. Further, it will incorporate tested design features to minimize
odor, noise, and other potential concerns. Therefore, no fair argument or substantial
evidence exists to suggest the Project would create a significant impact, nor can it be
readily perceived that the Project would create a significant impact.
d) The nearest designated scenic highway is Highway 74 located approximately one-
half (0.5) miles to the west of the project site. Due to the existing topography and
PLANNING COMMISSION RESOLUTION NO. 2865
4
developed land use pattern, the project site is not clearly visible from Highway 74.
The project is proposed within an existing building which was previously reviewed and
approved and does not propose any exterior modifications. Therefore, the project will
not create a significant impact on existing scenic highways.
e) According to the Department of Toxic Substance Control’s database of hazardous
waste site, EnviroStor, neither the project site nor any properties in the vicinity have
been identified as a hazardous waste site. Therefore, the project site does not create
a significant impact due to the location of hazardous waste sites.
f) The project site has not been identified as a historic resource by local or state
agencies, nor has the project site not been determined to be eligible for listing in the
National Register of Historic Places or California Register of Historical Resources.
Therefore, the Project would not adversely affect historic resources on the Project
Site or in the vicinity.
SECTION 4. Project Approval. The Planning Commission hereby approves Case No.
CUP24-0001.
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.
ADOPTED ON May 7, 2024.
JOSEPH PRADETTO
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert Planning
Commission, hereby certify that Resolution No. 2865 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 7, 2024, by the following vote:
PLANNING COMMISSION RESOLUTION NO. 2865
5
AYES: DELUNA, GREGORY, HOLT, 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 __, 2024.
RICHARD D. CANNONE, AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2865
6
EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. CUP24-0001
PLANNING DIVISION:
1. This Conditional Use Permit (CUP) approval is to allow the operation of a
veterinary clinic/animal hospital use with a net floor area of approximately 4,837-
square-feet within a building located at 73495 Highway 111 (Assessor’s Parcel
Number 627-211-025) as generally depicted on the approved project plans
attached as Exhibit B, and approved operations statement attached as Exhibit C,
and as specified by the following Conditions of Approval.
2. This CUP shall lapse and become void one (1) year following the effective date of
the use permit, unless prior to the expiration a building permit is issued and
construction is commenced and diligently pursued toward completion, or a new
certificate of occupancy is issued for a different use, or as specified by Title 25 of
the Palm Desert Municipal Code (PDMC). If the CUP expires, the applicant must
file a new application which shall be processed in accordance with the
requirements of Title 25 of the Palm Desert Municipal Code.
3. Prior to the expiration of the permit, the applicant may request a one (1) year time
extension by filing a written request with the Development Services Department
for consideration by the Planning Commission. Any request for an extension shall
be noticed and be considered at a public hearing held before the original approval
body.
4. The Applicant shall operate the use in compliance with the with approved exhibits
on file with the Department of Development Services, except as modified by
conditions herein. Any variation or modification from the approved exhibits, and/or
violations of these conditions of approval may be subject to enforcement action.
5. In the event there is a need for clarification of the Conditions of Approval, the
Director of Development Services may have the authority to clarify the intent of
these Conditions of Approval without going to a public hearing. Minor revisions or
modifications may be approved by the Director pursuant to the requirements of
PDMC Section 25.72.050(I).
6. This CUP approval may be suspended and/or revoked for cause in accordance
with Title 25 of the Palm Desert Municipal Code.
7. The applicant shall pay all applicable fees in effect at the time of building permit
issuance.
PLANNING COMMISSION RESOLUTION NO. 2865
7
8. 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 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. 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 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 the Developer materially
breaches this indemnification requirement.
9. The Applicant shall comply will all applicable local, state, and federal laws and
regulations.
10. The use and operation shall comply with Palm Desert Municipal Code (PDMC)
Chapter 9.24 for Noise Control Requirements.
a. The Applicant shall submit a building permit plan which substantially
conforms with the approved preliminary exhibits and provide soundproofing
mitigation measures with a sound transmission class (STC) .40 or better.
11. All signage shall comply with PDMC 25.56. Both temporary and permanent signs
must be reviewed and approved by the Department of Development Services.
a. Prior to the approval of any sign permits for the proposed use, the applicant
or property owner must receive approval of amendment to the existing
comprehensive sign program for the building located at 73495 Highway
111.
PLANNING COMMISSION RESOLUTION NO. 2865
8
12.The business operations shall be conducted entirely indoors, within the interior
limits of the tenant space. Outdoor runs are prohibited.
13.The use of the building space shall be restricted to veterinary care and incidental
care such as bathing, the trimming of common household pets on an outpatient
basis only, except that temporary boarding in connection with treatment shall be
permitted, and except that temporary boarding shall not exceed more than two
weeks.
14. Prior to final inspection, the applicant shall install and maintain a pet waste station
that includes a trash receptacle with the lid and liners, and pet waste bags.
15. The applicant shall be responsible for clean-up and disposal of project related trash
and animal waste to maintain a safe, clean, and litter-free site daily.
16. Veterinary and animal waste shall be disposed of in compliance with the applicable
California State and Riverside County health regulations. Non-veterinary/animal
waste shall be disposed in the garbage bins located in the service area behind the
clinic. All animal waste shall be appropriately sealed to prevent odor and disposed
of on a regular basis. If any complaints are received by the City, the applicant shall
be notified and given 24 hours to provide corrective action and notify the City of
said action.
17. If multiple complaints are received for odor, the applicant shall provide a revised
odor management plan which prevents odor impacts.
18. All new exterior ground-mounted and rooftop equipment and all appurtenances
thereto associated with the use shall be completely screened from public view by
walls or roof screens that are architecturally treated to be consistent with the
building. The final construction plans shall include appropriate drawings
demonstrating how such equipment is to be screened from view.
19. The applicant shall always provide adequate parking for the use. Should parking
shortages or other parking-related issues arise because of this use, the Applicant
shall institute appropriate operational mitigation measures. Proposed mitigation
must be reviewed and approved by the Director of Development Services.
20. The applicant shall submit building plans for plan check review to assure that all
required conditions have been met prior to exercising this permit.
21. Prior to the issuance of a building permit, the applicant shall provide proof of a
parking agreement securing access and right of use for no fewer than six (6) off-
PLANNING COMMISSION RESOLUTION NO. 2865
9
street parking spaces within the adjacent shopping center. These spaces shall be
in addition to twelve (12) off-street parking spaces provided on the project site.
RIVERSIDE COUNTY OFFICE OF THE FIRE MARSHAL
22.Maintain Fire Department Access - Fire apparatus access roads shall be provided
to within 150 feet of all exterior portions of buildings, unless otherwise approved
by the Fire Department. Fire apparatus access roads shall have an unobstructed
width of not less than 24 feet. Dead-end fire apparatus access roads more than
150 feet shall be provided with an approved tum around. The minimum required
turning radius of a fire apparatus access road is 38 feet outside radius and 14 feet
inside radius. The construction of the fire apparatus access roads shall be all
weather and capable of sustaining 75,000 lbs. Unless otherwise approved, the
grade of a fire apparatus access road shall not exceed 16 percent and the cross
slope shall not exceed 2.5 percent. The angles of approach and departure for fire
apparatus access roads shall be a maximum of 6 percent grade change for 25 feet
of approach/departure. Reference CFC as amended and Riverside County Fire
Department Policies and Standards.
a. Fire Lane marking: Identification and marking of fire lanes, including curb
details and signage shall follow Riverside County Fire Department
Standards.
23. Fire Department Building Construction Plan Review - Submittal of construction
plans to the Fire Department will be required. Final fire and life safety conditions
will be addressed when the Fire Department reviews the plans. These conditions
will be based on California Fire Code, California Building Code (CBC), and related
codes/standards adopted at the time of construction plan submittal. Reference
CFC as amended.
24. Fire Sprinkler System - Tenant Improvement plans must be submitted and
reference the installing contractor performing the work. Reference CFC as
amended.
25. Fire Alarm and Detection System - Where the occupant space includes existing
fire alarm notification appliances, Tenant Improvement plans must be submitted
per NFP A 72 as required by the California Building Code, California Fire Code
and designed in accordance with adopted standards. A C-10 licensed contractor
must submit plans to the Office of the Fire Marshal for review and approval prior
to installation. Reference CFC as amended.
END OF CONDITIONS