Loading...
HomeMy WebLinkAboutRes 02-102 PP CUP 02-07 at 73900 Alessandro Dr 08-22-2002 F lution No. 02-102 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of an appeal to a decision of the Planning Commission denying a precise plan of design/conditional use permit and parking adjustment for a 2,000 square foot church facility at the northwest corner of Alessandro Drive and San Jacinto Avenue, 73-900 Alessandro Drive. III. APPELLANT/APPLICANT: Pathfinder Community of the Risen Christ Church 73-850 Fairway, Box 12 Palm Desert, CA 92260 IV. CASE NO: PP/CUP 02-07 V. DATE: August 22, 2002 VI. CONTENTS: A. Staff Recommendation B. Discussion VII. ATTACHMENTS: A. Draft Resolution No. 02-102 B. Planning Commission Minutes involving Case No. PP/CUP 02-07 C. Planning Commission Resolution No. 2136 D. Planning Commission Staff Report dated June 4, 2002 E. Related maps and/or exhibits A. STAFF RECOMMENDATION: That the City Council grant the appeal subject to conditions. CITY COUNCIL STAFF REPORT CASE NO. PP/CUP 02-07 AUGUST 22, 2002 B. DISCUSSION: 1 . Project Description: The applicant proposes to construct a 2,000 square foot church, an outdoor patio fellowship area and eight parking spaces. A portion of the parking lot will be located on the existing right-of-way for the southerly end of San Jacinto Avenue. San Jacinto is currently closed to through traffic by means of a wooden barrier. The applicant indicates that mass will be celebrated Sunday mornings and evenings. Attendees range from 10 to 35 persons. Mass will also be celebrated Monday through Thursday evening (5-15 persons). Classes will be held several times per week in the evening (10 to 30 persons). Saturday workshops, several times per year, are expected to attract up to 30 persons. The church building has been located toward the west end of the lot with a patio area located north of the building. Parking for eight vehicles is located on the east portion of the lot and on the west half of the San Jacinto Avenue right-of-way adjacent to the lot. This right-of-way is currently not used for street purposes and can be vacated to the adjacent owner. Access to the parking lot is from Alessandro. The east half of the San Jacinto right-of-way will remain as an 18-foot wide access way with a gate to provide emergency vehicle access. The single family dwellings to the north will retain their access to San Jacinto to the north. 2. Planning Commission Action: Prior to and at the Planning Commission hearing of June 4, 2002 there was considerable neighborhood input. The neighbors submitted an extensive list of concerns and staff prepared conditions to mitigate the concerns. Even with the extensive conditions of approval the neighbors continued to oppose the project at the public hearing. They felt that a church with evening activities would impact them more than an office project. The church use would be active during the week 2 CITY COUNCIL STAFF REPORT CASE NO. PP/CUP 02-07 AUGUST 22, 2002 in the evenings and on weekends when they are home while an office use would be active during the week when they are not home. Representatives for the church described in detail the low key type of services which they offer. They felt that the conditions of approval would prevent the church from being a church. Planning Commission determined that the lack of adequate on-site parking and the overall intensity of evening and weekend activities are incompatible with the adjacent residential uses and inconsistent with the goals and objectives of the Palma Village Specific Plan and adopted Resolution No. 2136 denying the project at its June 18, 2002 meeting. This timely appeal was filed June 28, 2002 and the applicant waived his right to a hearing date in the time frame as prescribed by code. The church has reached agreement to lease the two lots to the west (20- year lease) to address the onsite parking deficiency. August 9, 2002 staff received a revised site plan (reduced version attached) which pushes the building closer to the residential structure to the north and moves the courtyard/patio area away from the residence to the north. Most of the courtyard area is adjacent to Alessandro where a privacy wall is proposed. This plan provides eight parking spaces onsite and shows a connection to the lot to the west which is described as "future parking." August 12, 2002 the applicant submitted a preliminary parking lot layout showing 29 spaces on the lots to the west. The church use has a parking requirement for 29 spaces. The lease may be revoked by the church with 180 days notice to the owner but the owner cannot revoke the lease except for non payment of rent. This revised proposal including the lots to the west while it addresses the on-site parking deficiency may trigger new concerns (i.e., intrusion of the parking lot two lots deep into the residential area). If the City wishes to pursue this new proposal, then a new public hearing needs to be scheduled before the Planning Commission. This new larger project will also need an expanded circulation of the legal notice. If this is City Council's wish, then the appeal should be denied without prejudice. 3 CITY COUNCIL STAFF REPORT CASE NO. PP/CUP 02-07 AUGUST 22, 2002 August 12, 2002 Father Ned Reidy submitted a letter (copy enclosed) which indicated that the church can live with many of the conditions which had been included in the draft Planning Commission Resolution. Specifically he notes that the church will not provide a day care / school facility other than during church services, that all maintenance will take place during regular office hours, Monday to Friday, that the church will not operate a soup kitchen, that the church will obtain a temporary use permit for weddings, baptisms, pot luck dinners, etc., but that funerals could not be subject to such requirements; "sensitivity to bereaved families would always take precedence." Evening uses would be limited and noiseless --- "adult education classes and book studies with few exception beyond these." 3. Staff Position: Creating 29 parking spaces on the lots to the west may create more problems than it solves. Parking will be concentrated in one area rather than spread out along Alessandro. Considering that Father Reidy now indicates that many of the conditions which were previously unacceptable are now acceptable, staff feels that our original recommendation from the June 4, 2002 staff report approving the project subject to conditions is appropriate. Hence our recommendation is to reverse the Planning Commission action and grant the appeal subject to conditions. The applicant has an agreement with the property owner at the northwest corner of Portola and Alessandro to use that parking lot for larger events. To ensure that overflow parking does not intrude into the residential area on San Jacinto and San Jose north of Alessandro, a condition has been added requiring that the church encourage members to not parking on residential streets. 4. Possible Courses of Action: This new proposal bythe applicant and the church agreeing to manyof p p pp 9 9 the conditions which were previously unacceptable presents various options for the City Council: 4 CITY COUNCIL STAFF REPORT CASE NO. PP/CUP 02-07 AUGUST 22, 2002 a. The City Council can affirm the Planning Commission action and deny the appeal due to the overall intensity of evening and weekend activities being incompatible with adjacent residential uses and inconsistent with the goals and objectives of the Palma Village Specific Plan. b. The City Council can reverse the Planning Commission action and grant the appeal subject to appropriate conditions. c. The City Council can deny the appeal without prejudice. This would allow the applicant to present the revised plan to the Planning Commission at a duly noticed public hearing in the near future. A full report of the original plan which was considered by Planning Commission and the conditions to address the neighbor concerns is provided in the attached Planning Commission staff report dated June 4, 2002. Prepared by: Reviewed and Approved: • 2e ST VE SMITH P LIP DRELL PLANNING MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT Review a d Concur. Review and Concur: /// 1"."r HOMER CRO CARLOS L. ORTE A ACTING AS TANT CITY MANAGER CITY MANAGER OF DEVELOPMENT SERVICES CITY COUNCIL ACTION: APPROVED DENIED /tm RECEIVED OTHER✓# * By Minute Motion, referred case back MEETING DATE to the Planning Commission, without AYES: prejudice, staff to work with the NOES: AIOT i Applicant and its neighbors in order to find a resolution to the concerns ABSENT: �� ABSTAIN: /�ki raised. VERIFIED BY: KLK 1; }y Yl Okginai on File itli City Clerk's Office RESOLUTION NO. 02-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AFFIRMING THE APPEAL AND APPROVING A REQUEST BY PATHFINDER COMMUNITY OF THE RISEN CHRIST CHURCH FOR APPROVAL OF A PRECISE PLAN OF DESIGN/CONDITIONAL USE PERMIT AND PARKING ADJUSTMENT FOR A 2,000 SQUARE FOOT CHURCH FACILITY AT THE NORTHWEST CORNER OF ALESSANDRO DRIVE AND SAN JACINTO AVENUE, 73- 900 ALESSANDRO. CASE NO. PP/CUP 02-07 WHEREAS, the City Council of the City of Palm Desert, California, did on the 22nd day of August, 2002, hold a duly noticed public hearing to consider the appeal by Pathfinder Community of the Risen Christ Church to the decision of the Planning Commission denying the above noted precise plan/conditional use permit and parking adjustment; and WHEREAS, the Planning Commission following a public hearing adopted its Resolution No. 2136 denying Case No. PP/CUP 02-07; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project is a Class 32 categorical exemption for purposes of CEQA and no further documentation is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify granting approval of said precise plan/conditional use permit and parking adjustment: FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT AND PARKING ADJUSTMENT: 1 . The proposed church use is a permitted conditional use in the R-3 zone district. 2. That the proposed location of the conditional use and the conditions under which it will 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. RESOLUTION NO. 02-102 3. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance, except for a parking adjustment which will be approved as part of this request. 4. There is street parking available to augment on-site parking during p eak use of the church. FINDINGS FOR APPROVAL OF A PRECISE PLAN: 1 . The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That approval of Precise Plan/Conditional Use Permit 02-07 including a parking adjustment is hereby granted, subject to the attached conditions. and ADOPTED at a regular meeting APPROVEDg g of the Palm Desert City Council, held on this day of , 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD S. KELLY, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. 02-102 CONDITIONS OF APPROVAL CASE NO. PP/CUP 02-07 Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all 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 contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Applicant shall participate in a commercial recycling program as determined by the City and applicable Waste Disposal Company. Access to trash/service areas shall be placed so as not to conflict with parking area. Said placement shall be approved by applicable trash company and Department of Community Development. 6. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the Zoning Ordinance. 3 RESOLUTION NO. 02-102 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 8. Final landscape plans shall comply with the Parking Lot Tree Planting Master Plan and must be approved by the City's Architectural Review Commission. 9. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801 ) and the approved landscape plan. 10. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, Fringe-Toed Lizard, TUMF, school mitigation and housing mitigation fees. 11 . All roof-mounted and ground-mounted equipment must be screened from adjacent properties and from the public right-of-way. 12. The building shall be limited to a maximum of 2,000 square feet. 13. As part of the City agreeing to vacate the west half of San Jacinto Avenue right-of-way adjacent to the applicant, the applicant agrees to design and implement the improvements to the east half of the right-of-way to the satisfaction of the Fire Marshal, Director of Public Works and Director of Community Development, including provision of gates. 14. That the parking adjustment approval to use this property for a church applies only to churches or other such religious facilities whose primary day of operation is Saturday or Sunday. Any use of this property by a subsequent user shall require an amendment to this conditional use permit unless it is determined that said new user will have Saturday or Sunday as its primary day of use. 4 RESOLUTION NO. 02-102 15. That subsequent use of the project for a general office use may be approved by the Director of Community Development upon reviewing a floor plan to determine intensity of office use. 16. That the wall along the north property line shall be a minimum of eight feet in height measured from the patio height and shall be installed at the beginning of the project construction. 17. That the trash enclosure be relocated to a location adjacent to Alessandro. 18. That the church facility shall not provide a day care / school facility other than during church services on Saturday or Sunday. 19. That the gate system on the access way on San Jacinto be relocated to an area closer to Alessandro, subject to the location being acceptable to Public Works and the Fire Department. 20. That the applicant provide a gate system across the parking lot entrance. Said gate to be closed when the church is not open. 21 . That all church maintenance indoors and outdoors shall be conducted during regular office hours Monday through Friday 8:00 a.m. to 5:00 p.m. 22. That the church facility shall not operate a soup kitchen without amendment to the conditional use permit. 23. Special events such as weddings, baptisms, potluck dinners and other such uses to be held Monday through Friday and at night shall require approval of a Temporary Use Permit. 24. That evening activities at the church shall be limited to offering mass services only. 25. That the approved plan shall locate the building with a minimum setback of eight feet from the north property line and shall locate the patio area adjacent to Alessandro Drive. Department of Public Works: 1 . Appropriate fees shall be paid prior to issuance of permits, including the following: 5 RESOLUTION NO. 02-102 • Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code, shall be paid prior to issuance of a grading permit. • Signalization fees, in accordance with City of Palm Desert Resolution No. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. • Transportation Uniform Mitigation Fees shall be paid prior to the issuance of any building permits associated with this project. 2. Full public improvements, as required by Section 26.44 and 26.40 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. Subject improvements shall include, but not be limited to: • Installation of a 24 foot wide drive approach on Alessandro Drive. • Installation of a minimum six foot wide sidewalk on the project frontages. • Installation of water efficient landscaping on project frontages, including on abandoned portion of roadway in front of 44855 San Jacinto Avenue (APN 627 182 012). • Modification San Jacinto Avenue to a width of 18'. The developer shall prepare and execute appropriate documents for abandonment of the westerly one-half of San Jacinto Avenue. Design of San Jacinto Avenue shall be subject to the review and approval of the Fire Marshall and the Director of Public Works. The abandonment proceedings shall be completed prior to issuance of any permits associated with this project. • Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. "As-built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. • Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachment permits by the Department of Public Works. 3. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 6 RESOLUTION NO. 02-102 4. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. Landscaping plans shall be submitted for review concurrently with grading plans. Landscaping shall water efficient, conforming to Chapter 24.04 of the Palm Desert Municipal Code. 5. Proposed building pad elevations are subject to review and modification in accordance with Title 27 of the Palm Desert Municipal Code. 6. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of a grading permit. 7. Landscaping maintenance on all property frontages shall be the responsibility of the property owner. The developer shall make arrangements for maintenance of landscaping on abandoned portion of roadway in front of 44855 San Jacinto Avenue (APN 627-182-012). 8. The project shall comply with the provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust (PM10) Control. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced project, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC, or any recognized Fire Protection Standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a one hour duration at 20 psi residual pressure must be available before any combustible material is placed on the job site. 3. Provide or show there exists a water system capable of providing a gpm flow of: 3000 gpm for commercial buildings. 4. The required fire flow shall be available from a set barrel Super Hydrant(s) 4" x 2-1/2" x 2-1/2" located not less than 25 feet nor more than: 7 RESOLUTION NO. 02-102 150 feet from any portion of a commercial building measured via vehicular travelway. 5. All buildings shall be accessible by an all-weather roadway extending to within 150 feet of all portions of the exterior walls of the first storey. The roadway shall not be less than 24 feet of unobstructed width, and 13 feet, 6 inches of vertical clearance. Where parallel parking is required on both sides of the street, the roadway must be 36 feet wide and 32 feet wide with parking on one side. Dead-end roads in excess of 150 feet shall be provided with a minimum of 45 feet radius turn-around, 55 feet in industrial developments. 6. Whenever access into private property is controlled through use of gates, barriers or other means, provisions shall be made to install a "Knox Box" key over-ride system to allow for emergency vehicle access. Minimum gate width shall be 16 feet with a minimum vertical clearance of 13 feet, 6 inches. 7. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. OTHER: Will require a Knox Lock or Electric Knox Override. 8 • PLANNING COMMISSION RESOLUTION NO. 2136 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A REQUEST BY PATHFINDER COMMUNITY OF THE RISEN CHRIST CHURCH FOR A PRECISE PLAN OF DESIGN/ CONDITIONAL USE PERMIT AND PARKING ADJUSTMENT FOR A 2,000 SQUARE FOOT CHURCH FACILITY AT THE NORTHWEST CORNER OF ALESSANDRO DRIVE AND SAN JACINTO AVENUE, 73-900 ALESSANDRO. CASE NO. PP/CUP 02-07 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of June, 2002, hold a duly noticed public hearing to consider the request of Pathfinder Community of the Risen Christ Church for the above noted precise plan/conditional use permit and parking adjustment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 00-24," in that the Director of Community Development has determined that the project is a Class 32 categorical exemption for purposes of CEQA and no further documentation is necessary; and WHEREAS, at 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 find the following facts and reasons to exist to justify denying said precise plan/conditional use permit and parking adjustment: 1 . The lack of adequate on-site parking and the overall intensity of evening and weekend activities are incompatible with the adjacent residential uses and inconsistent with the goals and objectives of the Palma Village Specific Plan. 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 Precise Plan/Conditional Use Permit 02-07 and associated parking adjustment are hereby denied. • PLANNING COMMISSION RESOLUTION NO. 2136 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of June, 2002, by the following vote, to wit: AYES: CAMPBELL, LOPEZ, TSCHOPP, FINERTY NOES: NONE ABSENT: JONATHAN ABSTAIN: NONE c CINDY FINERT, Chairperson ATTEST: STEPHEN R. SMITH, Acting Secretary Palm Desert Planning Commission 2 ...................... . 3/91 r �' '\ CITY OF PALM DESERT CALIFORNIA d -v2 . '. �a i1 1 ` r-t fik) ..„0„ r_rr, ;•yo� �..f +�o-a j N C7 x]n i,t :ra9� f APPLICATION TO APPEAL cn x n•, .• o �4?� you, ;;tn •••••" "• DECISION OF THE 1 - f4(t COv \Msf tSc k, -1-0 (Name of Committee/Commission) >5 m Case 1\tci: 0(4 r (7-1 Meeting Date: 6.____ 1 -- --, Name of A pellant ��- Fng- t ( - 1.-1JR6SS Address —5 �1VA` 4C' 1464 L. I2_ Phone: (1 5 7O3 Description of Application: cci..\ Z3 s 1 .t . �Ctkk_e_ ( eot, „, _ Reason for Appeal: R 3 CCIYVAIS5UJ \ 1' L _ b}L O C_. ...1 1'1,(1t iD(.12 5-714.0 Wt, CF' c-cb• USE S 1 i1 d 4 1 283,.E Signature of Appellant i Date ;t - % FOR OFFICIAL USE ONLY Je Date Appeal Filed: 6 `�-- Cl-`__ ' Fee Received: ' '*--) '1)::4:" Treasurer's Receipt #: Received by: Public Hearing Set For: ,l I[) Action taken by the City Council: Date: Sheila R. Gillman, City Clerk 1 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: June 4, 2002 CASE NO: PP/CUP 02-07 REQUEST: Approval of a precise plan of design/conditional use permit and parking adjustment for a 2,000 square foot church facility at the northwest corner of Alessandro Drive and San Jacinto Avenue, 73-900 Alessandro Drive. APPLICANT: Pathfinder Community of the Risen Christ Church 73-850 Fairway, Box 12 Palm Desert, CA 92260 I. BACKGROUND: A. ADJACENT ZONING AND LAND USE: North: R-1 / single family dwelling South: C-1 / rear of commercial building East: R-3 (4) / medical office building West: R-3 (4) / vacant B. GENERAL PLAN LAND USE DESIGNATION: OP / High Density Residential. C. SITE ZONING: R-3 (4) II. PROJECT DESCRIPTION: The applicant proposes to construct a 2,000 square foot church, an outdoor patio fellowship area and eight parking spaces. A portion of the parking lot will be located on the existing right-of-way for the southerly end of San Jacinto Avenue. San Jacinto is currently closed to through traffic by means of a wooden barrier. The applicant indicates that mass will be celebrated Sunday mornings and evenings. Attendees range from 10 to 35 persons. Mass will also be celebrated Monday through Thursday evening (5-15 persons). Classes will be held several times per STAFF REPORT CASE NO. PP/CUP 02-07 JUNE 4, 2002 week in the evening (10 to 30 persons). Saturday workshops, several times per year, are expected to attract up to 30 persons. The church building has been located toward the west end of the lot with a patio area located north of the building. Parking for eight vehicles is located on the east portion of the lot and on the west half of the San Jacinto Avenue right-of-way adjacent to the lot. This right-of-way is currently not used for street purposes and can be vacated to the adjacent owner. Access to the parking lot is from Alessandro. The east half of the San Jacinto right- of-way will remain as an 18-foot wide access way with a gate to provide emergency vehicle access. The single family dwellings to the north will retain their access to San Jacinto to the north. CODE PROVISIONS IN CHART FORM Code Provided Setbacks: Front 15 feet 40 feet Rear 10 feet 10 feet Sides 20 feet combined 10 feet & 15 feet 8 feet minimum ** Street: 1 :1 ratio 20 feet 20 feet 2:1 ratio 40 feet 42 feet / 65 feet Height 24 feet 20 feet Parking: Church Use 29 spaces 8 spaces* (1 ,000 sq.ft. sanctuary) Office Use 8 spaces 8 spaces * Church parking is one space for every three seats or one space for every 35 square feet in the main auditorium. ** Street setback is based on building height, 1 :1 along street and 2:1 for corner of lot. 2 STAFF REPORT CASE NO. PP/CUP 02-07 JUNE 4, 2002 ARCHITECTURE: The building architecture received preliminary Architectural Review Commission approval at its April 27, 2002 meeting. The building was described by one ARC member as a "wonderfully gentle piece of desert architecture." The building is 20 feet in height at its peak with a corrugated metal roof with smooth metal going back to a clerestory with glass going all the way around the building. The windows on the street side are small and high. On the north side a series of sliding glass doors open onto the patio area. III. ANALYSIS: The applicant proposes to construct and operate a small church facility on a small residential lot on the north side of Alessandro. The lot is approximately 7,000 square feet in area. The R-3 zoning allows churches and offices subject to issuance of a conditional use permit. The main issue with the proposed church is parking. A church of this size (2,000 square feet with a 1 ,000 square foot sanctuary) would have a code parking requirement of 29 spaces. Given the small property size, the 29 spaces cannot be achieved on-site. The applicant has managed to create an off-street parking lot for eight spaces which would be adequate to serve a 2,000 square foot office building. During weekdays between 8:00 a.m. and 5:00 p.m. the church administrative operation. would have two to three employees. On Sunday there is adequate street parking available on Alessandro Drive. There are 34 street spaces within 300 feet of the property in either direction. If the church were to outgrow this facility, then it could be converted to a general office and meet code provisions. When the medical office building to the east was proposed a few years back the proponent was conditioned to design and fund the improvement of the east half of the future cul-de-sac on San Jacinto. The design was prepared and the proponent has deposited money for the future improvements. This current proposal would mean that the cul-de-sac improvements would not need to be implemented. The church will be conditioned to complete the street improvements (i.e., the new west side curb and gutter and the new gate system to 3 STAFF REPORT CASE NO. PP/CUP 02-07 JUNE 4, 2002 • the satisfaction of the Fire Department). The section of the street connecting Alessandro to San Jacinto to the north will be 17 feet in width curb to curb. The Fire Department indicates that this is an acceptable access for emergency purposes. The east side of the parking area is shown with an eight-foot high block wall. Code limits maximum height to six feet and staff will require that it be wrought iron as was used on the east corner of the intersection. This will keep a feeling of openness and yet provide security. When these improvements are in place, we will be able to return Dr. Rosenblum's deposit. IV. CONCERNS: We have received written correspondence from the property owner to the north. The Kings have reviewed the plan and have the following concerns/requests: A. That the wall on the north property line be a minimum of eight feet in height measured from the church patio height even if this means the wall on their side is more than eight feet in height. Response: Condition 16 requires installation of an eight-foot high wall. B. The trash enclosure is shown adjacent to their front yard/driveway. Response: Condition 17 requires relocation of the trash enclosure. C. That the church could become a full-time day care/school facility during the week. Response: Given the constraints on the site and limited parking, staff agrees that this church could have impacts on the neighborhood if it were to operate a day care / school facility. Condition 18 prohibits day care / school use without amendment to this conditional use permit. D. The Kings expressed concern with vacating the west half of San Jacinto because it will limit their ability to market their property for office purposes. They note that their lot adjacent to the site is designated HDR/O.P. in the Palma Village Specific Plan. 4 STAFF REPORT CASE NO. PP/CUP 02-07 JUNE 4, 2002 Response: The Palma Village Specific Plan designates the north side of Alessandro to a depth of two lots HDR / O.P. (High Density Residential / Office Professional). The intent was to have the lots fronting on Alessandro contain enough area to provide for an office use and adequate parking. This was done due to the limited size of the lots fronting on Alessandro. In this instance the church has shown that it can create the facility it needs (2,000 square feet) and parking without encroaching into the residential area to the north if the City agrees to vacate the west half of San Jacinto so it can be used for parking. The church plan is consistent with the Palma Village Specific Plan. The plan implements the PVSP goal of providing appropriate uses on Alessandro compatible with adjacent residential area. In this instance the use of the northerly lot is not necessary to provide parking. E. Relocate gate system. The Kings expressed concern with the location of the gates at the north end of the new access way. This could create an area for people to loiter. The Kings suggested that the gate be relocated closer to San Jacinto. Response: The gate can be relocated to the south. We will need to confirm the location with the Fire Department and Public Works. Condition 19 addresses this. F. Remove gate system. In a separate telephone conversation Mrs. King suggested that the street closure on San Jacinto was creating more problems than it solved with vehicles coming southbound on San Jacinto not realizing that they cannot get through to Alessandro and therefore turning around in their driveway. She indicated as many as 30 vehicles per day did this. Response: San Jacinto was closed due to strong input from the neighborhood. The street is well-signed indicating "Not A Through Street." Staff cannot support the opening of San Jacinto. G. The Kings express concern with parking lot / building lighting intruding into their property. 5 STAFF REPORT CASE NO. PP/CUP 02-07 JUNE 4, 2002 Response: The applicant indicates they will probably not install usual parking lot lighting other than low level Malibu style walkway lights. Condition No. 7 requires a lighting plan if they decide to put in parking lot lighting. H. The Kings are concerned that air-conditioning and heating equipment may cause noise problems. Response: The heating and air-conditioning units will be comparable to that used for a 2,000 square foot dwelling. Condition No. 11 requires that such equipment be screened. The Noise Ordinance limits the noise which may be emitted. I. The Kings express concern with noise and dust during construction and construction hours. Response: The Municipal Code restricts construction hours during the summer to 6:00 a.m. Monday through Friday and 8:00 a.m. on Saturdays. No work on Sunday. During the winter hours are Monday through Friday 7:00 a.m. and 8:00 a.m. on Saturdays. The site will be watered to control dust. The required eight-foot wall on the north property will be installed at the beginning of project construction. J. The Kings request that a gate be provided across the parking lot entrance to prevent loitering. Response: The applicant indicates that this can be done. Condition No. 20 requires installation of a gate which is to be closed whenever the church is not open. K. The Kings request that all maintenance activities be done during the office hours of the facility. • Response: Condition No. 21 requires maintenance be done during regular office hours. L. The Kings ask about the design of the building and its ability to acoustically inhibit sounds generated inside the building. 6 STAFF REPORT CASE NO. PP/CUP 02-07 JUNE 4, 2002 Response: The Municipal Code limits noise impacts at the property line to 55 db during the day and 45 db during the night. Activities creating noise above these levels would be required to cease. M. The Kings ask if the church will be able to hold weddings, funerals, baptisms, potluck dinners or a soup kitchen. Will they use the patio for these functions and may they rent to outside groups. Response: Special events such as weddings, funerals, baptisms and potluck dinners during weekdays or at night will require issuance of temporary use permits and must not significantly impact the adjacent residential uses. (Condition No. 23.) Staff was under the mistaken impression that evening use of the church during the week would be limited to one evening a week. This information was conveyed to the Kings in discussions staff had with them. May 30, 2002 we received a summary of church activities and learned that mass would be celebrated Monday through Thursday evenings with 5-15 persons in attendance and classes with 10-30 persons several times per week. Staff does not have a problem with the church offering mass in the evening during the week. We are concerned that classes held several nights a week might attract as many as 30 persons. Staff will suggest a condition (No. 24) limiting weekday evening functions to offering mass only. The church could request an amendment to this condition after a year of operation when we have a better understanding of the impacts, if any. Relative to the use of the patio area, Condition No. 25 will limit its use to day time hours only (8:00 a.m. to 6:00 p.m.). V. CONCLUSION: San Jacinto Avenue was closed to through traffic at Alessandro several years ago due to vehicles attempting to avoid the traffic control measures at Portola and Alessandro. The end of San Jacinto Avenue just north of Alessandro is closed with a wood barrier and the area between the barrier and Alessandro is unused. This proposal makes use of part of the west half of the right-of-way, maintains an adequate emergency access route and removes the obligation of the property owner to the east to improve part of the cul-de-sac adjacent to this property. 7 STAFF REPORT CASE NO. PP/CUP 02-07 JUNE 4, 2002 The one remaining issue is the lack of on-site parking for the church use. Commission can grant a parking adjustment based on limiting the use to one with its primary use on Saturdays or Sundays only when street parking is plentiful. Conditions will be imposed which will limit weekday 8:00 a.m. to 5:00 p.m. use to the equivalent of a general office use. There are 34 street parking spaces available on Alessandro within 300 feet of the property. VI. CEQA: The proposed church facility is an infill development. As such, it is a Class 32 categorical exemption for CEQA purposes. VII. RECOMMENDATION: That the Planning Commission approve Case No. PP/CUP 02-07 subject to conditions. VIII. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies D. Plans and exhibits Prepared by: Reviewed and Approved by: Stev Smith Phil Drell Planning Manager Director of Community Development /tm 8 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST BY PATHFINDER COMMUNITY OF THE RISEN CHRIST CHURCH FOR APPROVAL OF A PRECISE PLAN OF DESIGN/CONDITIONAL USE PERMIT AND PARKING ADJUSTMENT FOR A 2,000 SQUARE FOOT CHURCH FACILITY AT THE NORTHWEST CORNER OF ALESSANDRO DRIVE AND SAN JACINTO AVENUE, 73- 900 ALESSANDRO. CASE NO. PP/CUP 02-07 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of June, 2002, hold a duly noticed public hearing to consider the request of Pathfinder Community of the Risen Christ Church for the above noted precise plan/conditional use permit and parking adjustment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 0 - 4 "0 2 in that the Director of Community Development has determined that the project is a Class 32 categorical exemption for purposes of CEQA and no further documentation is necessary; and WHEREAS, at 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 find the following facts and reasons to exist to justify granting approval of said precise plan/conditional use permit and parking adjustment: FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT AND PARKING ADJUSTMENT: 1 . The proposed church use is a permitted conditional use in the R-3 zone district. 2. That the proposed location of the conditional use and the conditions under which it will 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. 3. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance, except for a parking adjustment which will be approved as part of this request. 4. There is street parking available to augment on-site parking during peak use of the church. PLANNING COMMISSION RESOLUTION NO. FINDINGS FOR APPROVAL OF A PRECISE PLAN: 1 . The design of the precise plan will not substantially depreciate property values, nor be materially injurious to properties or improvements in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the P►anning 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 commission in this case. 2. That approval of Precise Plan/Conditional Use Permit 02-07 including a parking adjustment is hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of June, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CINDY FINERTY, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. PP/CUP 02-07 Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all 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 contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Applicant shall participate in a commercial recycling program as determined by the City and applicable Waste Disposal Company. Access to trash/service areas shall be placed so as not to conflict with parking area. Said placement shall be approved by applicable trash company and Department of Community Development. 6. All future occupants of the buildings shall comply with parking requirements in Section 25.58 of the Zoning Ordinance. 3 PLANNING COMMISSION RESOLUTION NO. 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 8. Final landscape plans shall comply with the Parking Lot Tree Planting Master Plan and must be approved by the City's Architectural Review Commission. 9. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801 ) and the approved landscape plan. 10. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, Fringe-Toed Lizard, TUMF, school mitigation and housing mitigation fees. 11 . All roof-mounted and ground-mounted equipment must be screened from adjacent properties and from the public right-of-way. 12. The building shall be limited to a maximum of 2,000 square feet. 13. As part of the City agreeing to vacate the west half of San Jacinto Avenue right-of-way adjacent to the applicant, the applicant agrees to design and implement the improvements to the east half of the right-of-way to the satisfaction of the Fire Marshal, Director of Public Works and Director of Community Development, including provision of gates. 14. That the parking adjustment approval to use this property for a church applies only to churches or other such religious facilities whose primary day of operation is Saturday or Sunday. Any use of this property by a subsequent user shall require an amendment to this conditional use permit unless it is determined that said new user will have Saturday or Sunday as its primary day of use. 4 PLANNING COMMISSION RESOLUTION NO. 15. That subsequent use of the project for a general office use may be approved by the Director of Community Development upon reviewing a floor plan to determine intensity of office use. 16. That the wall along the north property line shall be a minimum of eight feet in height measured from the patio height and shall be installed at the beginning of the project construction. 17. That the trash enclosure be relocated to a location adjacent to Alessandro. 18. That the church facility shall not provide a day care / school facility other than during church services on Saturday or Sunday. 19. That the gate system on the access way on San Jacinto be relocated to an area closer to Alessandro, subjectbeing acceptable to the location acce table to Public Works and the Fire Department. 20. That the applicant provide a gate system across the parking lot entrance. Said gate to be closed when the church is not open. 21 . That all church maintenance indoors and outdoors shall be conducted during regular office hours Monday through Friday 8:00 a.m. to 5:00 p.m. 22. That the church facility shall not operate a soup kitchen without amendment to the conditional use permit. 23. Special events such as weddings, funerals, baptisms, potluck dinners and other such uses to be held Monday through Friday and at night shall require approval of a Temporary Use Permit. 24. That evening activities at the church shall be limited to offering mass services only. 25. That use of the exterior patio area adjacent to the residential dwelling to the north shall be limited to day time hours only (8:00 a.m. to 6:00 p.m.). Department of Public Works: 1 . Appropriate fees shall be paid prior to issuance of permits, including the following: • PLANNING COMMISSION RESOLUTION NO. • Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code, shall be paid prior to issuance of a grading permit. • Signalization fees, in accordance with City of Palm Desert Resolution No. 79-17 and 79-55, shall be paid prior to issuance of a grading permit. • Transportation Uniform Mitigation Fees shall be paid prior to the issuance of any building permits associated with this project. 2. Full public improvements, as required by Section 26.44 and 26.40 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. Subject improvements shall include, but not be limited to: • Installation of a 24 foot wide drive approach on Alessandro Drive. • Installation of a minimum six foot wide sidewalk on the project frontages. • Installation of water efficient landscaping on project frontages, including on abandoned portion of roadway in front of 44855 San Jacinto Avenue (APN 627 182 012). • Modification San Jacinto Avenue to a width of 18'. The developer shall prepare and execute appropriate documents for abandonment of the westerly one-half of San Jacinto Avenue. Design of San Jacinto Avenue shall be subject to the review and approval of the Fire Marshall and the Director of Public Works. The abandonment proceedings shall be completedprior to issuance of anypermits associated with this project. P • Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. "As-built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. • Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachment permits by the Department of Public Works. 3. All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. 6 PLANNING COMMISSION RESOLUTION NO. 4. In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. Landscaping plans shall be submitted for review concurrently with grading plans. Landscaping shall water efficient, conforming to Chapter 24.04 of the Palm Desert Municipal Code. 5. Proposed building pad elevations are subject to review and modification in accordance with Title 27 of the Palm Desert Municipal Code. 6. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of a grading permit. 7. Landscaping maintenance on all property frontages shall be the responsibility of the property owner. The developer shall make arrangements for maintenance of landscaping on abandoned portion of roadway in front of 44855 San Jacinto Avenue (APN 627-182-012). 8. The project shall comply with the provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust (PM10) Control. Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced project, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC, or any recognized Fire Protection Standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a one hour duration at 20 psi residual pressure must be available before any combustible material is placed on the job site. 3. Provide or show there exists a water system capable of providing a gpm flow of: 3000 gpm for commercial buildings. 4. The required fire flow shall be available from a set barrel Super Hydrant(s) 4" x 2-1/2" x 2-1/2" located not less than 25 feet nor more than: 7 PLANNING COMMISSION RESOLUTION NO. 150 feet from any portion of a commercial building measured via vehicular traveiway. 5. All buildings shall be accessible by an all-weather roadway extending to within 150 feet of all portions of the exterior walls of the first storey. The roadway shall not be less than 24 feet of unobstructed width, and 13 feet, 6 inches of vertical clearance. Where parallel parking is required on both sides of the street, the roadway must be 36 feet wide and 32 feet wide with parking on one side. Dead-end roads in excess of 150 feet shall be provided with a minimum of 45 feet radius turn-around, 55 feet in industrial developments. 6. Whenever access into private property is controlled through use of gates, barriers or other means, provisions shall be made to install a "Knox Box" key over-ride system to allow for emergency vehicle access. Minimum gate width shall be 16 feet with a minimum vertical clearance of 13 feet, 6 inches. 7. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. OTHER: Will require a Knox Lock or Electric Knox Override. • CITY OF PALM DESERT INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention: Steve Smith FROM: Joseph S. Gaugush, Public Works Director/City Engineer SUBJECT: PP/CUP 02-07, Church of the Risen Christ, Charles Martin (REVISED) DATE: May 30, 2002 The following should be considered conditions of approval for the above-referenced project: (1) Appropriate fees shall be paid prior to issuance of permits, including the following: • Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code, shall be paid prior to issuance of a grading permit. • Signalization fees, in accordance with City of Palm Desert Resolution No. 79- 17 and 79-55, shall be paid prior to issuance of a grading permit. • Transportation Uniform Mitigation Fees shall be paid prior to the issuance of any building permits associated with this project. (2) Full public improvements, as required by Section 26.44 and 26.40 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. Subject improvements shall include, but not be limited to: • Installation of a 24 foot wide drive approach on Alessandro Drive. • Installation of a minimum six foot wide sidewalk on the project frontages. • Installation of water efficient landscaping on project frontages, including on abandoned portion of roadway in front of 44855 San Jacinto Avenue (APN 627 182 012). • Modification San Jacinto Avenue to a width of 18'. The developer shall prepare and execute appropriate documents for abandonment of the westerly one-half of San Jacinto Avenue. Design of San Jacinto Avenue shall be subject to the review and approval of the Fire Marshall and the Director of Public Works. The abandonment proceedings shall be completed priorto issuance of any permits associated with this project. • Offsite improvement plans shall be reviewed and approved by the Director of Public Works and a surety posted to guarantee the installation of all required offsite improvements prior to issuance of a grading permit. "As- built" plans shall be submitted to, and approved by, the Director of Public Works prior to the acceptance of the improvements by the City. • Any and all offsite improvements shall be preceded by the approval of plans by the Director of Public Works and the issuance of valid encroachment permits by the Department of Public Works. (3) All private driveways and parking lots shall be inspected by the engineering department and a standard inspection fee paid prior to the issuance of a grading permit. (4) In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. Landscaping plans shall be submitted for review concurrently with grading plans. Landscaping shall water efficient, conforming to Chapter 24.04 of the Palm Desert Municipal Code. (5) Proposed building pad elevations are subject to review and modification in accordance with Title 27 of the Palm Desert Municipal Code. (6) A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the Department of Public Works prior to the issuance of a grading permit. (7) Landscaping maintenance on all property frontages shall be the responsibility of the property owner. The developer shall make arrangements for maintenance of landscaping on abandoned portion of roadway in front of 44855 San Jacinto Avenue (APN 627 182 012). (8) The project shall comply with the provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust (PM10) Control. j \NI JOSEPH S. GAUGUSH, P.E. G:\PubWorks\Conditions of Approval\PPLANS\PP-CUP 02-01 Church of the Risen Christ.wpd .µtlURRI, RIVERSIDE CGUINTY ,;,,,:,,A,WE PROF/Cl/oH. I AIM FIRE DEPARTMENT In cooperation with the sriRE 'twol 4,4, California Department of Forestry and Fire Prot ection 210 West San Jacinto Avenue • Perris, California 92570 • (909) 940-6900 • FAX (909) 940-6910 RM "P"'"E" Cove Fire Marshal's Office Tom Tisdale 70801 Highway 1 l l Fire Chief Rancho Mirage CA 92270 (760)346-1870 Proudly serving the 7 5P—A- / 4Y Zo unincorporated S /u�G'' areas of Riverside TO. 1/� County and the l• cities of: RECEIVED Banning ©'2----0 7 REF: 0, it MAY 2 4 2002 Beaumont Calimesa If circled, conditions apply to project COMMUNITY AEVFInPMFNTDEPAR.TMENT CITY OF PALM DESERT Canyon Lake With respect to the conditions of approval regarding the above Coachella referenced project, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Desert Hot Springs Code, NFPA, UFC, and UBC or any recognized Fire Protection 4. Indian Wells Standards: •• The Fire Department is required to set a minimum fire flow for the Indio remodel or construction of all buildings per UFC article 87. Lake Elsinore (3) A fire flow of 1500 gpm for a 1-hour duration at 20 psi residual La••ouinta pressure must be available before any combustible material is place on the job site. Moreno Valley Provide or show there exists a water system capable of providing a Palm Desert gpm flow of: 3. 1500 gpm for single family dwellings Perris 4. 2500 gpm for multifamily dwellings Rancho Mirage A 3000 gpm for commercial buildings San Jacinto The required fire flow shall be available from a wet barrel Super Hydrant (s) 4"x21/2"x21/2", located not less than 25' nor more than: Temecula 6. 200' from any portion of a single family dwelling measured via vehicular travelway 7. 165' from any portion of a multifamily dwelling measured via Board of Supervisors vehicular travelway Bob Buster a' 150' from any portion of a commercial building measured via District 1 vehicular travelway John Tavaglione 9. Water Plans must be approved by the Fire Marshal and include District 2 verification that the water system will produce the required fire flow. Jim Venable 10. Please be advised the proposed project may not be feasible since the District 3 existing water mains will not meet the required fire flow. Roy Wilson District 4 Tom Mullen District 5 11. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and lire department connections. All valves and connections shall not be less than 2.5' from the building and within 50' of an approved hydrant. Exempted are one and two family dwellings. 12. All valves controlling the water supply for automatic sprinkler systems and Water-flow switches shall be monitored and alarmed per UBC Chapter 9. system as 13. Install a fire alarmrequired by the UBC Chapter 3.y 14. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 15. Install a flood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 16. Install a dust collecting system per UFC Chapter 76 if conducting an operation that produces airborne particles. 017All building shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall not be less than 24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36' wide and 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around 55' in industrial developments. 0Whenever access into private property is controlled through use of 0 gates, barriers or other means provisions shall be made to install a "Knox Box" key over-ride system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 19. A dead end single access over 500' will require a secondary access, sprinklers or other mitigative measures approved by the Fire Marshal. Under no circumstance shall a dead end over 1300' be accepted. 20. A second access is required. This can be accomplished by two main access points from a main roadway or an emergency gate from :in adjoining development. 21. This project may require licensing by a state or county agency, to facilitate plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. 22. All buildings shall have illuminated addresses of a size approved by the city. 23. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. All questions regarding the meaning of these conditions should be referred to the Fire Marshal's Office at (760) 346-1870 Location: 70801 llighway 111, Rancho Mirage CA 92270 Other: 111?‘"‘'./ ktel 1 Sincerely, Michael H. Wilson Fire Marshal 00 :22 AM KING. DCPG 7603462563 P_ 02 RECEIVED May 27, 2002 t4"( 2 8 2002 COMMUNITY DEVELOPMENT DEPARTMENT Mr. Stephen Smith CITY OF PALM DESERT Planning Manager City of Palm Desert RE: City of Palm Desert 73-510 Fred Waring Drive Case No. CUP 02-07 Palm Desert. CA 92260 73-900 Alessandro Drive FAX(760)341-7098 Dear Mr. Smith: This correspondence is in regards to the proposed church facility to be located on the Northwest corner of Alessandro Drive and San Jacinto Avenue. We own the property and home at 44-855 San Jacinto (lot 11) which is located to the immediate north of the proposed facility and which is occupied by Mr. &Mrs. Charles Clary. We also own and reside at the property and home at 44-841 San Jacinto(lot 10) and own the vacant land (lot 9)both of which are also north of the proposed facility. First and foremost we are pleased that the Pathfinder Community of the Risen Christ Church has chosen Palm Desert as their home. Our primary concern regarding the church is the declaration of property from the City of Palm Desert to the church which would close and fence off half of San Jacinto Ave. to accommodate the required parking spaces for the proposed facility. This would unfairly deny and negate any future use of our property fbr future development as it would not allow any ingress and egress street access to our property from the Alessandro Drive corridor. Lot 11 is within the City of Palm Desert's General Plan Land use designation, R-3/O,P. zone. We are strongly opposed to this parking proposal. We believe that they are overbuilding for that particular property and we suggest that the building size be decreased to accommodate the required parking spaces. We also suggest that the existing, temporary barricade across San Jacinto be re-located at the curbs edge of Alessandro Drive, This would allow access to lot 11 (44-855 San Jacinto)to be developed at a future time. We also object to the placement of the garbage bin as it would be immediately across the wall from Mr_ & Mrs. Clary's front door and the noise generated by the garbage truck would be unbearable. We request that the garbage bin be relocated to the southwest section of the property and not be collected before 7:00 a.m. and that it be collected during the week and not on Saturday. • Received Clay-28-2002 07!31am From-76034E2563 To-PALM DESERT PUBLIC W Page 002 1,02 00 :23 AM K I NC — CPS _ 7 ,O .d.A2563 P. 03 � I ` I Stephen R. Smith Planning Manager Page 2 We also request the following: 1. That an 8' high concrete block wall be constructed along the full north property line with the elevation being measured from the inside of the church facility property to provide a, much needed, privacy and noise barrier that we believe should exist between a commercial zone and a residential neighborhood, 2. That our properties are not effected by inside or outside lighting including automobiles in the parking lot. That parking lot lighting comply with city ordinances and be designed to prevent any spillover outside of the property and that any exterior building mounted lights be shielded to prevent spillover light to adjacent properties. • 3 That our properties are not adversely effected by ambient noise generated by heating and cooling equipment_ 4. That during all construction phases, our properties not be effected by dust particulates and noise generated by such construction_ Tf the wall were to be build first, it would help to eliminate these concerns. 5_ That construction-working times be strictly enforced as outlined in the Palm Desert City Municipal Code Enforcement guidelines: no construction to begin before 7:00 a.m. 6. That a gate be placed across the parking tot entrance/exits locations and be locked during non-business hours. This would eliminate the people problem of foot traffic from the A,NM/PM loitering in the proposed property at all hours of the day and night. 7. That all maintenance activities be accomplished during the same office hours as the facility_ We understand the office hours of the facility will be 8:00 to 5:00 Monday through Friday and during this time frame the only activity at the church will be a small staff attending to administrative duties. We also understand that there will be a one, mid- week, night service and then regular services on Sunday. Does regular services on Sunday also include a night service? Will the structure be required to acoustically inhibit sounds generated inside the building from the surrounding neighborhood, i.e_ musical instruments, public address systems? Received May-28-200Z Ori31am From-TC0946Z569 To-PALM DESERT PUBLIC W Page 009 002 053 :2.4 AM KIN- 7CPG 7607d'2563 P. 0.4 / Stephen R. Smith Planning Manager Page 3 Is the church restricted to these hours and will they also be able to have weddings, funeral services, baptisms, extra holiday activities, potluck dinners, daycare facilities/ schools or a soup kitchen? If these extra activities are allowed, what time frame do they fall into? Will they be using thcir back patio for any of these functions? Are they allowed to rent their facility to outside groups fbr different venues? Sincerely. Robert A. King—44-841 San Jacinto 6-t) 2 R. Wynem King— 44-S41 an Jaci /7/44 1 , Charles Clary 4-855 San Jacinto Niesha Clary—44-855 San Jac t • Received May-28-2002 07:31am From-7603462563 To-PALM DESERT PUBLIC W Page 004 PLANS FOR THE PATHFINDER COMMUNITY OF THE RISEN CHRIST EXPECTED TIMES AND NUMBERS USING THE BUILDING AS OF June, 2002 Mass will be celebrated every Sunday morning and evening--- attendees may vary between ten and thirty-five. Mass will be celebrated every evening, Monday through Thursday---attendees will vary between five and fifteen. Classes will be held several times every week in the evening----attendees may vary from ten to thirty. Saturday workshops are foreseen for several times a year----thirty or so. Father Ned Reidy and Reverend Kathy McCarthy Co-Pastors (J RECEIVED MAY 0 2002 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT RESPECTED MEMBERS OF THE PALM DESERT CITY GOVERNMENT: In my brief absence from the Desert for two weeks, I am pleased to leave a message with this Committee. I represent an active Faith Community, the Community of the Risen Christ, a community now ready to have its own place, a place actively involved with youth, college students, young adults and families. Our Center will be a place of education, prayer, worship, ministry to all who come, in addition to a place with sacred space. It will be a gift to our City and to its residents. We will continue to cooperate with you, Committee Members, in bringing this plan to active fruition. Father Ned Reidy vAQa r� Co-Pastor n May-28-2002 10:54am From-PALM DESFDT DJBLIC WORKS DEPT 7603417098 T-063 P 002/004 F-848 /r— — . _ kgiu RECEIVED • May 27, 2002 Y 2 8 2002 COMMUNITY DEVELOPMENT DEPARTN.ENT Mr. Stephen Smith CIIY OF PALM DESERT Planning Manager City of Palm Desert R13t City of Palm Desert 73-510 Fred Waring Drive Case No. CUP 02-07 Palm Desert, CA 92260 73-900 Alessandro Drive FAX(760)341-7098 Dear Mr. Smith; This correspondence is in regards to the proposed church facility to be located on the Northwest corner of Alessandro Drive and San Jacinto Avenue. We own the property and home at 44-855 San Jacinto(lot 11)which is located to the immediate north of tbe proposed facility and which is occupied by Mr. &Mrs. Charles Clary. We also awn and reside at the property and home at 44-841 San Jacinto(lot 10) and own the vacant land(lot 9)both of which are also north of the proposed facility. First and foremost we are pleased that the Pathfinder Community of the Risen Christ Church has chosen Palm Desert as their home. Our primary concern regarding the church is the declaration of property from the City of Palm Desert to the church which would close and fence off half of San Jacinto Ave. to accommodate the required parking spaces for the proposed facility. This would unfairly dory and negate any future use of our property for flituse development as it would not allow airy ingress and egress street access to our property from the Alessandro Drive corridor, Lot 11 is within the City of Palm Desert's General Plan Land use designation, R-3/O,P. zone. We are strongly opposed to this parking proposal_ We believe that thcy are overbuilding for that particular property and we suggest that the building size be decreased to accommodate the required parking spaces. We also suggest that the existing, temporary barricade across San Jacinto be re-located at the curbs edge of Alessandro Drive, This would allow access to lot 11 (44-855 San Jacinto)to be developed at a Rtture time. ` We also object to the placement of the garbage bin as it would be immediately across the wall from Mr. & Mrs. Clary's front door and the noise generated by the garbage truck 1L�y would be unbearable. We request that the garbage bin be relocated to the southwest �`` -/ section of the property and not be collected before 7:00 a.m. and that it be collected \)r '! during the week and not en Saturday. r�. Received Uav-28-2CC2 02.31am from-7603422682 To-PALM CESGRT PUt IC W Page 002 May-28-2002 10:55am From-PALM DESERT pliELIC WORKS DEPT 7603417098 T-063 P 003/004 F-848 ±2 60 :23 AH _,tCP6 760 663 P. 03 Stephen R. Smith Planning Manager Page 2 We also request the t'bilowing: (-! , l. That an 8' high concrete block wail be constructed along the full north property line with the elevation being measured from the inside of the church fbcility property to provide a, much needed, privacy and noise barrier that we believe should exist between a commercial zone and a residential neighborhood. 2, That our properties are not effected by inside or outside lighting including In the ►n lot. That i lot lighting comply with city automobiles1� g park r8 g n8 si toprevent anyspillover outsicle of the ordinances and be designed P property and that any exterior building mounted lights be shielded to prevent spillover light to adjacent properties. 3. That our properties are not adversely effected by ambient noise C5^ generated by heating and coding equipment tt=' 4. That during all construction phases, our properties not be effected by \V' dust particulates and noise generated by such construction. If the wall were t)be build first, it would help to eliminate these concerns. '�tr 5. That construction-working times be strictly enforced as outlined in the �' Palm Desert City Municipal Code Enforcement guidelines,no construction to begin befbre 7:00 a.m. 6. That a tratc be placed across the parking lot entrance/exltE,locations and • �' be locked during non-business hours. This would eliminate the people problem of foot truffle from the AM/PM loitering in the proposed property at all hours of the day and night. • 7. That all maintenance activities be accomplished during the same office hours as the tcility- We understand the office hours of the facility will be 8:00 to 5:00 Monday through Friday and during this time frame the only activity at the church will be a small staff attending to administrative duties. We also understand that there wit be a one, mid- G' week, night service and then regular services on Sunday. Does nagular services on Sunday also include a night service'? Will the structure be required to acoustically inhibit sounds generated inside the building from the surrounding neighbor;tood, i.e. musical instruments, public address systems? rv•.at t , Received Mar-VI-i00Z 0';3'am From-T 35492083 Tv-PALM 0C3eAT I'UBL C k Page COS May-28-2002 10:56am From-PALM DESERT PUBLIC WORKS DEPT 7603417098 T-063 P 004/004 F-848 002 68 124 AM :. DCPC 76f 66 a P. 0i i Stephen R. Smith Ittl Planting Manager Page 3 141_, cti{ V tt4r. f. - l ''°t',:11- r , hi the church restricted to these hours and will they also be able to have weddings, `j j funeral services, baptisms, extra holiday activities. potluck dinners,daycare ffoiiitie€/ f.., schools or a soup kitchen? If these extra activities are allowed.what rime tame do they fall into? Will they be using thcir back patio for any of these fi,nctioris? Are they allowed to Cent their facility to outside groups for different venucs? Sincerely. ,Q,,, ,,....\1z., __,...., Robert A. King—44-841 San Jacinto r k' (�tJ Y) ?/1�Q_ r R. Wyn King--44-841 an Jeri _L ary . Charles Cl -855 San Jacinto Q/(2- C) Nieaha Clary—44-855 Sar J t . Reac ved May-26-2702 07:31am From-7608462663 To-PALM DESERT PUBLIC W Page 004 ARCHITECTURAL REVIEW COMMISSION APRIL 23, 2002 r 7.1I SU TMINUTES REViSiQECTWC B. Preliminary Plans 1. CASE NO.: CUP 02-10 APPLICANT (AND ADDRESS): DERVIEUX, INC., 73-505 Juniper Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of freestanding restaurant. Cuistot Restaurant Highway LOCATION: Southwest corner of El Paseo & 111 ZONE: OP Mr. Smith stated that this item has been withdrawn at the applicant's request. 2. CASE NO.: CUP 02-07 APPLICANT (AND ADDRESS): PATHFINDER COMMUNITY OF THE RISEN CHRIST, 73-850 Fairway, Box 12, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of church building. LOCATION: Alessandro/San Jacinto ZONE: R-3 Mr. Smith stated that staff has had some concern with the site planning, particularly with the respect to the parking which is only located on the public right of way. Mr. Smith suggested that commission take a look at it with respect to the architecture and whether changing the site plan would alter the exterior dimensions of the building. Charlie Martin, Architect, stated that if it does it will only be 1'-2'. Diane Hollinger, Landscape Specialist, commented that they should choose plants that have leaves on them in the winter. She stated that they chose all deciduous plants, which would be bare during the winter. Commissioner Gregory asked Mr. Martin to make a presentation to explain what he's doing. G:Planning\Donna Quaiver\wpdocs\Agmin\AR020409.MIN 13 c km-,-, Tt rmars `: SUBJECT TC t ARCHITECTURAL REVIEW COMMISSION ` '° " REVISIOU APRIL 23, 2002 MINUTES Mr. Martin stated that originally he designed a two-story building and took it to the Planning Commission. He commented that the City had planned a cul-de-sac at the end of San Jacinto which would be separated from the street by the sidewalk. Mr. Martin objected to this and took it to the Planning Commission and City Council. He stated that he continued to work on this project and eventually developed the currently proposed plan. He stated that currently the City would retain the public parking and the church would give the easement to the City. Mr. Martin stated that the Fire Department and Public Works were happy with the whole thing, but there have been some changes and he will put a gate in for pedestrian access. Mr. Martin stated that he ended up going away from the two-story element because of the site lines coming up the street. He stated that now the building is 20' at the peak. He commented that there's no steeple or cross on top of the building. The roof will be corrugated metal roof with smooth metal going back to a clear story with glass going all the way around the building. The windows on the street side are small and high. Commissioner Vuksic stated that this plan is "extremely refreshing". He described it as a "wonderfully gentle piece of desert architecture". Commissioner O'Donnell asked how far the small windows are recessed. Mr. Martin stated that they will be recessed at least one foot. Action: Commissioner Vuksic moved, seconded by Commissioner Hanson for preliminary approval of architecture. Motion carried 7-0-0-0. 3. CASE NO.: TT 30503 APPLICANT (AND ADDRESS): GHA PALOMA GROUP, LLC, 68-936 Adelina Road, Cathedral City, CA 92234 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of fourteen single-family homes and freestanding casitas. LOCATION: Tract 30503, Northwest corner of Frank Sinatra and Portola Ave, east of Shephard Lane. ZONE: R-1 • Action: Commissioner Vuksic moved, seconded by Commissioner O'Donnell to grant preliminary approval by minute motion subject to G:Planning\Donna Quaiver\wpdocs\Agmin\AR020409.MIN 14 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 E. Case No. PP/CUP 02-07 - PATHFINDER COMMUNITY OF THE RISEN CHRIST CHURCH, Applicant Request for approval of a precise plan of design/conditional use permit and parking adjustment for a 2,000 square foot church facility at the northwest corner of Alessandro Drive and San Jacinto Avenue, 73-900 Alessandro Drive. Mr. Drell stated that there was a site plan and proposal for a 2,000 square foot church on a little lot on Alessandro before the commission. He noted that they had some discussion about this previously relative to the unique circumstances of the church use and the confined space of the lot which would not permit the parking to satisfy the full Sunday service requirement. As a result, the applicant proposed some novel solutions and staff was suggesting that they be approved. The premise for the site plan and parking arrangement was based on the fact that the principle intense full use of the church and the church assembly hall basically occurs in the evenings and on weekends. Therefore, they designed the onsite parking requirement as if this was an office building which its use approximates during the day. As a 2,000 square foot building it complies with the four per 1 ,000 office requirement of eight parking spaces. As described in the staff report, the more extraordinary uses occur in the evening with daily masses Monday through Thursday which would attract five to 15 people. The Sunday mass could attract between 10 and 35 people and some Saturday workshops which also could attract up to 30 people. It was being suggested that evening or weekend parking demand be satisfied with the existing street parking. The street is designed for full parking on the street and within 300 feet of the location there are 34 parking spaces on the street. With the eight spaces on the site, that would meet the requirement for the parking of the assembly hall. He noted that San Jacinto has been closed for approximately 10 years with the ultimate goal of cul-de-saccing it. When they approved the medical building on the east side, it provided and had design provisions for that cul-de-sac and that property owner was required to deposit approximately $5,000 for the ultimate installation of the cul-de-sac. San Jacinto is a relatively short street and it is clearly marked as a dead-end. The main reason for the cul-de-sac was for emergency fire access. It has 24 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 been proposed here that in lieu of the cul-de-sac that was originally designed that an emergency fire gate be installed on San Jacinto allowing fire access through and eliminating the need for the cul-de-sac. Because the fire access doesn't require the full 36 feet of right-of-way of street width, the applicant was also requesting that the existing half street that is adjacent to the property be vacated and incorporated into the project parking lot and landscaping. Whenever a street or public right-of-way is no longer necessary for public access, that property owner has the ability to request for it to be returned back to him or her. In this case the remaining width of San Jacinto which is the half street associated with the east side of the property of San Jacinto was adequate to meet the fire access requirements. This would also relieve that property owner of paying for that cul-de-sac and with this improvement his $5,000 deposit would be returned to him. The obligation of completing the street and all that is required for the fire access would be the burden of this property and this project. Mr. Drell showed the elevations. He described it as a single-story building in a contemporary southwest design. He showed the elevation from Alessandro, the two side elevations, the west elevation, and the east elevation facing the parking lot and San Jacinto. He stated that the elevations were approved by the Architectural Commission. In response to the legal notice, the property owner to the north submitted a list of comments and concerns about the project. Mr. Drell said they would go through them one by one. He noted that they were on page four. 1 ) That the wall on the north property line be a minimum of eight feet in height measured from the church patio. He said there was a condition, number 16, which requires an eight-foot wall. 2) The trash enclosure shown adjacent to the front yard driveway. Condition No. 17 relocates the trash enclosure. 3) A concern about the church becoming a full-time child care / school facility during the week. Mr. Drell said that the tightness of the site and the parking conditions prohibit day care or school use without coming back to get an amendment to this permit. 4) Concern about the vacating of San Jacinto which they felt limited their ability for themselves to convert to an office use in the future. Mr. Drell explained that this referred back to the Palma Village Plan which identified the north side of Alessandro as potential professional office use and in discussing that, in this particular area because the lot is so shallow 25 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 it was felt that there should be the opportunity if necessary to expand that office use to two lots in depth to allow for reasonable office development. The goal of the Palma Village Plan was to provide for compatible uses on Alessandro while protecting the residential character of the properties behind. If in this case a two-lot depth was going to be promoted, it was under the assumption that the use of the second lot as a commercial use would be associated with the lot on Alessandro. There was never a recommendation that we would have two separate office uses both with access onto San Jacinto. Staff's feeling was that we didn't anticipate that someone could create a use like this on such a tight site, but it does, with a minimal amount of impact on the residential area. Therefore, staff felt this was consistent with the Palma Village Plan. The previous approved plan with the cul-de-sac would have also isolated this lot from Alessandro and would have precluded its commercial development. 5) A question about relocating the gate system and a concern about creating an area for people to loiter. The Kings were suggesting that the gate be relocated closer to San Jacinto. Mr. Drell thought this could be accomplished and with the approval of the Fire Marshal and the Public Works Department he had no problem moving that gate closer to San Jacinto. He noted that area has been closed for a long time and this wouldn't change the loitering problem. If anything, the night time activities planned by the facility would tend to discourage loitering since there will be public activity. Where they have public activity there is probably a more secure situation. 6) There was a suggestion that the gate be removed entirely and that the street be opened up and become a through street again. The way San Jacinto was designed with direct view from Portola, when there was congestion on Portola this was too inviting a short cut and that was why the residents on the street demanded a gate. 7) Parking lot and building lighting, Mr. Drell said that they would be regulating lighting for this facility that will be no more intrusive than a residence. It would be the same for air- conditioning (8). The building is residential in scale and its air-conditioning will be no more or no less than one would expect with a residence. 9) Concern with construction hours which would be subject to our normal ordinances. (10 mentioned loitering which had been addressed previously.) 11) The Kings requested all maintenance activities be done during the office hours of the facility. Mr. Drell said there was a condition which addresses that. 12) There was a concern about the acoustic nature of the building. Mr. Drell said that the building will be subject to our noise 26 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 ordinance and staff anticipates it to be no more or less intrusive than any typical residential use. 13) There was a concern about special events. Mr. Drell said this was something staff learned about late right before finishing the report. In addition to the Monday through Thursday mass, there will potentially be classes with 10-13 people several times per week. Staff felt that they had stretched a lot for this project and staff's recommendation of approval was based on most of the activities being on weekends and Sunday and that the request for all of these special events, until they have a handle of how the facility will function, they would rather forego those and Condition No. 24 limits the weekday evening functions to mass only. After a year of observing how the facility and the parking arrangement work, they would consider expanding the special events. Mr. Drell said that staff felt that the unique nature of the use and their use of the site with their residential scale made it an acceptable project. The availability of on-street parking he felt was adequate to meet the high demand parking use in the evenings and weekends and therefore recommended approval with the proposed conditions. Commissioner Tschopp asked about the need for the fire gates on San Jacinto. It was originally looked at as being a cul-de-sac and now they are putting in a fire gate and the reason he asked the question, to have fire gates made it look unfinished or like someone didn't plan right as opposed to a cul-de-sac which at least looks like it was planned. He asked if there was a need to have fire gates there. Mr. Drell said if they wanted the street closed. The problem with cul-de-sacs, to accommodate the snorkel truck, they had to be huge with a 90-foot radius. A cul-de-sac would have consumed a large piece of the property in addition to the existing right-of-way. He had seen very expensive houses with gates in front. The gates would have to be decorative and the goal would be that the gates would look appropriate. But it relieves the requirement to create this huge cul-de-sac. The Fire Department is reticent to use their reverse gear. Commissioner Tschopp noted that on the special events that it was just limited to not during weekdays or nights so on weekends they could have multiple special events. Mr. Drell said that was correct. Commissioner Campbell said that when they talked about this a while back, she thought it was only going to be mass on Sunday or the 27 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 weekend. Now all of a sudden the only day they wouldn't have service will be on Friday. Mr. Drell concurred. Commissioner Campbell noted that it goes from Monday through Thursday evening and asked what the hours would be in the evening. Mr. Drell said that they would have to ask the applicant. Commissioner Campbell pointed out that before it was going to be very simple with limited use. Mr. Drell said that staff had the same concern. Chairperson Finerty opened the public hearing and asked the applicant to address the commission. MR. CHARLES MARTIN, 73-733 Highway 111 in Palm Desert, informed commission that he was the architect. He stated that he would try to go through this in a chronological manner. He said that when they first started this project, they looked at the cul-de- sac and fought with it. They came to the Planning Commission, to the City Council and to Public Works and their comments continued to fall on deaf ears. They went to the Fire Department and continued to deal with Planning. The cul-de-sac disappeared for a while, then it came back and basically what the cul-de-sac did was it created a large asphalt spot at the end of this street that people would get to eventually. Once they started into the street there are signs that will tell you it isn't a through street. They would pick the first driveway on the left, pull into it, pull out, turn around and go back. To get in there, if the Fire Department was going to go through the cul-de-sac they would have to jump the curb. Unless the City dropped the curb down, they wouldn't get through there. If the cul-de-sac was there, there wouldn't be any gates so they would have cross traffic going through there. Vehicles would go through. He read the letter from the owners of the two lots and it seemed to him what the church has done was actually kept that piece of property so that it could eventually become an office site. So if he was proposing an office on that space, he would want to get that half of the street, move the gates, and still be able to go through there into that spot. If they didn't allow any traffic through there, then he didn't know what would happen with that lot. He thought they had done that property owner a favor in still allowing that access to get through. What they did was in doing the project and coming before the 28 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 Planning Commission and Architectural Board, was they were approved by them and sent on to Planning Commission. ARC was happy, he was happy. He said he wanted to fight for a steeple 100 feet tall, but the congregation didn't want it. So here they were now at the point that unless the commission wanted to get into the architecture and site planning, they were into the imposed conditions. They did their submission and were waiting for this meeting and then received a letter from the neighbors to the north, Mr. King and Mr. Cleary, and their concerns. Then he received the conditions and the conditions pretty much looked at their concerns and then they pretty well address each of those concerns. Overall he was involved in designing the Greek Orthodox Church and they were surrounded on three sides by residential. They have a major event each year which for this city a major event. It is their festival. They have funerals. This church would have funerals. They have them during the week. They have them any time. They couldn't plan for those kinds of events. So he asked the Greek Church what they had to do and the conditions placed on them by the City. They didn't have any conditions like these and they are surrounded on three sides by residential. He believed the proposed conditions are restrictive and they restrict the church from being a church. Regarding the first item on the Kings' letter, it had to do with the trash. He talked with Waste Management and asked why they had to put in a big two-yard dumpster here since they really aren't going to create that much trash. They wouldn't even really have a kitchen. They would have a sink, a refrigerator and a microwave. So a lady there told him that they would deal with this on a residential scale with regular garbage cans. In terms of what they could do with eight-foot walls and gates, architecturally they could do anything. He wasn't trying to spend their money, but they could meet those requirements. However, he asked who else was being required to do this. He asked if there was another religious structure, another religious building or another religion that is going to be required to do these kinds of things. They have commercial on three sides and one residential that is zoned commercial or that could go commercial with a CUP. They have a requirement to build a wall out of a see through wrought iron which they didn't want to do. They would like to have the privacy back into their courtyard. They weren't amenable to doing that. 29 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 They were not very excited about building an eight-foot wall along the back. An eight-foot wall wasn't something he could get if he came to them and asked for an eight-foot wall. They would probably say no, six feet was it. When looking through the list of items here, and members of the congregation would speak to some of the other issues, but the first one was the eight-foot wall. He already said no. The trash enclosure they relocated. Regarding the church facility not having day care, he didn't know how they could say no, they couldn't do that. They weren't providing day care right now, but in the future what if they wanted to provide day care. The gate system and access way on San Jacinto be to Alessandro. There was a relocated to an area closerrequest from the Kings to move the gate and the church was amenable to that. A gate system across the parking lot, the church could do that but he asked why did they have to do it. He thought Mr. Drell touched on that, that probably the church would probably stop any loitering that would start to go back up through there. The outdoors shall be conducted during indoors and regular office hours Monday 8:00 a.m. to 5:00 p.m. He asked about someone that came and wanted to do some maintenance on the church on a Saturday morning. The City was only allowing a small grass area and everything else was either pavers or decomposed granite, river rock or concrete, trees or groundcover. So they didn't have lawn mowers and a lot of things going on out there. It wasn't a big mowing situation with a lot of noise. The church facility should not operate a soup kitchen without amendment to the conditional use permit. He said they weren't interested in operating a soup kitchen but again, he thought that was something that if a church, a religious group wanted to provide a soup kitchen, he thought that was something they saw across the nation that goes on. Regarding the special events, he went to a funeral the other day at the Greek Church and it was the Theythose special events. They of the week. can't plan p happen. They couldn't make these things happen on Sundays. Regarding the evening activities of the church being limited to offering mass services only, meaning no classes, Mr. Martin stated that the classes were not in duck calls. The class was not in making a lot of noise. It was a class where they would probably be reading religious materials. The bible. He couldn't see how a 30 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 class in the evening could cause any problem. There were classes at the Greek Church. They even teach Greek there. The next issue was that the exterior patio in the adjacent area not be used after 6:00 p.m. Mr. Martin didn't think that was agreeable. Wherever they had those conditions that would not allow them to do something that a church would do, he didn't think that they would want to agree to that and he was speaking for them at this point. He hoped that the commission would allow everyone to speak even if they didn't fill out a request to speak card and they would like a chance for any rebuttal. Chairperson Finerty asked if there were any questions for Mr. Martin. There weren't. Chairperson Finerty asked if anyone wished to speak in FAVOR of the project and to please give their name and address for the record and to try to make a different point each time. REVEREND KATHY McCARTHY, 82-061 Hanson Drive in Indio, thanked the commission for allowing them to be present. She said she had special greetings from Father Ned Reedy. He would have loved to be here, but he had a commitment to give service as a nurse in South Dakota, so that's where he was. She said they stand with them and deeply appreciate the City's efforts to make this community so beautiful and so agreeable with neighbors and the whole community. She wanted to point out that they have a history. Most of them were with Father Ned at the Newman Center. She was there 15 years with him herself and during that time there were multiple activities, most of them at night because everyone has to make a living and are out working 8:00 a.m. to 5:00 p.m. So when do they come to church, when do they come for information, and when do they come to grow spiritually? They come at night. That was the only time they have. Or weekends. There was never a complaint that she had ever heard of at the Newman Center. In the past two and a half years as the Ecumenical Catholic Church, they have been in three locations and no one had ever said they were too noisy or too much, or too anything. They had always been very glad to have them there. Right now they were with Rabbi Paul Citron at Temple Sinai and he and his board have said to please stay as long as they want. No one is complaining about them. They really are good neighbors. 31 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 They really do honor the whole cooperation and appreciation of each other's needs. That is what they stand for. Maybe they were a bit different in the way that they look at church. They really see themselves as a community and in a community people want to be together and want to learn, to grow in their spiritual lives, and they don't see themselves as mass only. Never have and probably never would. They were also in this whole process of being Christians walking together and learning together so they have to have classes and have to have times when they gather in circles. They couldn't imagine how calm it was. They do book studies and they discuss and the most noise they would ever create would be to say a simple goodbye to each other at 8:30 p.m. when the class is over. They have mass at 5:30 p.m. and it was usually over at 6:15 p.m. They normally start classes at 7:00 p.m. and they are over at 8:30 p.m. So it wasn't like they were open until midnight. She just wanted them to know that what they were studying were things that are about the spirit and nothing that would create a rumpus. Their whole philosophy is that they are a community and cooperation is their hallmark. So they certainly agreed to a peace loving and gracious community. She really thought that the best way to alleviate any fears of who they are and what they do is to be there. They were most welcoming and inclusive and anyone who would like to come, they would love to have one and all. Once they were with them, they really get the spirit of welcome, inclusiveness and joy. She thanked the commission. MS. HELEN BUCKLEY, 1045 Deepak Road in Palm Springs, stated that she comes frequently during the week to evening masses as well as to spirituality studies held at this church. She thought that she wanted to really point out the fact that some of the conditions that are set forth in the staff's proposal are extremely limiting to the operations of this church that have not been applied to other churches whether or not they are surrounded by residential communities. She said she would also suggest to the commission that they appear to conflict with some of the provisions of the Religious Land Use Act of 2000 which in essence says that zoning requirements cannot limit the functions of a church. She hoped that the requirements of this federal statute had been considered in this regard, particularly to the limitations on weddings, funerals 32 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 and baptisms. She could not imagine anything that was more integrally connected to the operation of a church. Specifically, Conditions 23 and 24 were inappropriate in their position. Their studies are spirituality and religious studies. They are part and parcel of what in her view a church is supposed to be doing for its members. She asked for any questions. (There were none.) MS. CELIA PAULS, 45-945 Toro Peak Road in Palm Desert, stated that there are churches in their community that are attended in the hundreds and some in the thousands every Sunday. As part of their weekly services and programs, those congregations have elaborate sound systems and amazing musical productions. That wasn't who they were. She thought it was important for them to understand that they are a small and humble Ecumenical Catholic Community. An occasional acoustic guitar, a drum and a cd playing was about as elaborate as they get. They are people of ritual and mass and study. In the spirit of their traditions, she asked that it was important that their traditions not be held to measure or limited. Chairperson Finerty asked if anyone wished to speak in OPPOSITION to the project. IN 44-841 San Jacinto, stated that he and his MR. ROBERT KING, wife have been there for 36 years. They also own the property at 44-855 San Jacinto directly north of the proposed project. He said one of the reasons they purchased the property is because it is within the R-3 OP zone which, as designated in the Palma Village Specific Plan, would allow them the option for future development and would add value to the property. They felt that if a block wall for a parking lot was allowed to be constructed across half of San Jacinto Avenue it wouldn't even allow visual access to their property from the Alessandro corridor. Also, they felt the intent of the Specific Plan would not be met. They really wanted to be able to have the option to use this zone designation for their property even if it was on a small scale. A year and a half ago when the medical facility across the street was going through its planning stages they were confronted with the same parking dilemma of not enough parking spaces. They were not offered half of San 33 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 Jacinto Avenue for their parking. They had to make adjustments on the size of their building to meet the city's guidelines. Also, when the medical facility on the east side of San Jacinto was approved the City planned and approved a condition that there would be a landscaped radius cul-de-sac created at the end of San Jacinto. The owner has already paid for his half of the project. At the very least they felt the cul-de-sac was a much better concept than a parking lot wall blocking off half of the end of their residential street even if it didn't allow them the use of their property as a commercial entity. Finally, they weren't aware of all of the operating hours when they submitted their letter and their request to the planning staff. Now that they know there will be weekly evening meetings, Saturday meetings, evening meetings, Sundays and, which no one had mentioned yet, holiday events. They could not support this project. MS. IRENE SCHMIT of 44-794 San Jose Avenue stated that she is a 50-year resident of Palm Desert and 45 years in her house. When they closed off San Jacinto she didn't like it, but her daughter lived on that street so that was fine. They closed it off for one reason: the enormous traffic that came from Portola cutting down that street to get to wherever they were going. Now her street is terrible. She was watering Saturday and in five minutes seven cars went by. It is a very busy street. She didn't want parking, and she said that she is a religious person, their religious church that they built in Palm Desert could not be built unless they had the city designated number of parking spaces. That is what they had to have and that is what they did. They downsized their building so they could accommodate that. She didn't approve of closing off the street and putting in parking either. That courtyard is close to the Kings and she asked what was going to be in the courtyard. If they have some type of festivity, to her it would be reasonable to be in the courtyard, maybe the children. She said they are a very quiet neighborhood and this would add something all the time. They couldn't say that people weren't going to park on their streets if more showed up. She didn't want her street blocked off so that if anyone came to visit her they couldn't come because of other people. She didn't want to go out and ask people to move their cars because she 34 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 wasn't that type of person. She has watched that lot and walks through it all the time and she couldn't see how they could get any kind of building on there or any type of parking. It was not big. She couldn't approve of it herself. She thought it was wonderful that they are religious and that they are spiritual because that is how she felt about her place, but they were in an area where they aren't surrounded with houses and private property. They are quiet. She said she knew that Mr. King gets up around 3:00 a.m. to go to work so he was in bed before they would finish their activities and it could wake him up and he might not be able to go back to sleep. She couldn't see how something could be put in without proper parking when other places have had to comply. If other places don't have proper parking, they aren't approved. Parking on the property, not on the street. She thought that Alessandro after a certain time has signs that vehicles can't be parked there. She wasn't sure what times. MR. CHARLES CLEARY, 44-855 San Jacinto, stated that is the property that the Kings own immediately north of the proposed project. While he and his wife didn't object to the type of use and thought a church would be the best thing possible to live next to rather than AM/PM or 7-1 1 . He said they have had their share of unusual experiences at 3:00 a.m. with gentlemen and gentlewomen behind the AM/PM. Initially they thought this might be a blessing. But after having read the conditions of the use, he was uncomfortable with the hours of operation. As he spoke to his wife about it, initially they were prepared to sign off and the City planners had done a great job and said they had met every one of their criteria and the commission had approved it in some form or it was coming to them approved, so he thought they had done everything required of them. Yet reading what is going on and contrasting it to the medical building which is right across from them, he thought they were going to be two different things. The medical building is closed at 5:00 p.m. and all weekend long. It is very quiet. That is really the type of building he thought belonged in this buffer zone between the frontage road business and them. They didn't have any problem with the church or bible study and he wasn't so concerned about the volume of noise within the hall, but rather he heard mention of 30 cars in and out. Ingress and 35 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 concerneda bit. It was really on a regular basis himquite very close to them. He said he was pleased to see the architectural rendering, so at least the building isn't right up against the brick wall. One concern was the courtyard. He could imagine that on a nice evening in the winter people would go out there and have either a celebration, a get together or potluck or something. That was their point. He liked the medical building's use because when they are home in the evenings and on the weekends they don't see anyone. It is very peaceful. It occurred to him that the only time the church will be in business will be in the evenings and on the weekend. In terms of the intrusiveness and he heard Mr. Drell, a scholarly gentleman and he didn't want to contradict him about anything he said about the project, but he said perhaps it would be no more intrusive than any other residence. But again if any of the members came over in the evenings and stood in front of their house, there are still a few unresolved issues with the medical building. They had asked for certain conditions like a wall of a certain height, noting there was a grading differential, and the proposed building sits a couple of feet higher than they do already. One of the concerns they had was the lighting and the builder told him they are $5,000 each. They are beautiful lights. But they were just like spot lights and come over their six-foot wall on their sides which is only four and a half feet on the other side. He had those kinds of concerns. He said the architect addressed them when he said they didn't feel that putting in an eight-foot wall was a good idea. He thought for those reasons it wasn't a good idea to have the church built there. Not for any fundamental religious reasons or moral reasons, but rather he was concerned that there wasn't going to be a buffering zone between this business. It was really substantial. During the day with the amount of traffic with people trying to take shortcuts through that busy Portola-Highway 111 intersection had gotten to be substantial so they were starting to have to deal with that. This probably wouldn't lessen it or make it greater, but the times they are home in the evening and on the weekend he just didn't think they would want any more inconvenience or more people in the neighborhood in such close proximity. He appreciated the church and one lady spoke about federal statute. He appreciated their concerns, but some of the residents have been there for many years and the church came in 36 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 after the fact and bought a piece of property and then said they wanted them to conform to it. They didn't have any problems with what they wanted to do and hoped they were successful in building their church, but thought that perhaps another location farther away from this residential area would be better. Chairperson Finerty asked if Mr. Martin had any rebuttal comments. Mr. Martin readdressed the commission. Regarding parking, he said there would be eight spaces onsite plus Dr. LeBlanc's office, the use past the surgery center, they have a written agreement with him for an additional 16 spaces. That would give them a total of 24 spaces. The City runs their parking requirements for a church two ways. They would either do it by the gross square footage of the place of worship or the fixed seating by pews. If they went by fixed seating, they would have 24 vehicles which would allow them three persons per vehicle which would equal 72 people and he thought they probably had 30 at the most. That didn't mean they couldn't double. One point about this was that it is a CUP and the commission has control over it. If in a year there is a problem and this gentleman couldn't stand living next door because it is too noisy they have control over this. He thought that overall in this country we have churches, shuls, synagogues, temples, mosques, and religious buildings all over this country. They are everywhere. They are downtown, they are out in the neighborhoods, in the distant fields and he thought that was all a part of it. He didn't think there was a better place for a religious structure. He thought they happened to go to a place in this case where they could afford to do it and they couldn't afford to buy more property. It was simply not an option. So he hoped the commission would approve it. As he said, it is a CUP and they have a look at this all the time and what goes on. He thanked the commission. Chairperson Finerty closed the public hearing and asked for commission comments. Commissioner Tschopp asked if the parking agreement that the church has with the medical facility next door if it was a long-term irrevocable 37 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 contract. Mr. Drell said that the parking agreement isn't with the medical facility, it is with the dentist farther down. He didn't know if it was long- term or not. Staff didn't feel it was practical. People will park on the street in the vicinity of the church far sooner than they would go and find their way to that parking lot down at the corner. From a practical point of view they didn't see it and thought that the street parking was a far more logical alternative to overflow than parking a block away. Commissioner Tschopp asked if that was how far away it is. Mr. Drell said it was a short block, but people would park closer before they would park farther and there are far more street spaces closer before they start getting down to the spaces on Portola. Regarding CUP's, he said it was a misconception that they could manipulate CUP's over time. They are pretty much limited to applying conditions when they have the opportunity to approve them. They are very limited in adding conditions that they didn't contemplate during the original process. There they run the risk of a use going ahead, doing a tremendous investment, then applying a condition later that would preclude their use. If they couldn't comply with it, then suddenly there was a taking problem. So they were pretty much limited which is why they would rather go in the more cautious vein of starting out with more onerous conditions and as performance dictates make them less stringent. It was much easier to do that then do the opposite which is add more stringent conditions. The second issue was in reference to the Religious Freedom Act. The Religious Freedom Act prevents the City from adding or dealing with churches any differently then we would deal with non church secular uses or adding conditions they would not impose on a conventional use. That is what they tried to do here. Mr. Cleary pointed out that the conditions in this case are trying to deal with those circumstances of a church which differ and are more intensive then what the base zone or base designation would provide. He was absolutely correct. The base designation was for offices and the reason why they recommended offices is because of the very reason he said. Offices operate during the day on weekdays and weren't around at night or on the weekends which has made them a good neighbor to most residential uses. This use is to a certain degree the opposite. It is like a big family that is active all the time. Therefore, the conditions staff applied are the same conditions we would apply if this was an office or a medical building that operated on weekends and on evenings. So their regulations are tied to the activity, not to its specific use as a religious facility. Relative to the intensity of 38 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 the activity, obviously they have gone to great length to provide for very liberal accommodations which staff would not recommend for a typical commercial building or office. If they had an office that required 24 spaces, we would not for a moment suggest a parking lot with eight, so if anything in this case, they have been permissive in trying to find a way to allow the church to function at this site. At the same time they were trying to regulate it in the same way they would regulate any other business on the property. Just like a lot of restaurants, they often come sorts of regulations and over time as in with veryrestrictive g they become familiar with their operation they come back and expand and become more intensive as we learn how they operate. Those restauranteurs had to make that gamble in the beginning that over time they can achieve their full vision. To a certain degree that is what staff was suggesting the church would have to do. The Newman Center was developed with a full parking lot. It meets all of its parking requirements. It has vacant property around it owned by the church, so it is in a very different sort of So theyhad tried veryhard to try and accommodate the environment. use and make exceptions for it while trying to still honor the original intent of the Palma Village Plan which was to provide for uses that were clearly compatible with the adjacent residential uses. Commissioner Jonathan noted that there are 25 conditions of approval under the Department of Community Development section and many of those conditions of approval are limiting in terms of the church's activity. They heard from members of the church and their leadership that it is an issue for them and problematical. It seemed to him that they were all trying too hard to fit a square peg into a round hole. Many of these conditions emanated from the fact that the intensity of use is just not appropriate for this location and for the size of this parcel. He thought staff was trying way too hard to accommodate a use and staff even indicated that if this was an office project there is no way that a parking requirement of 29 spaces would be trimmed down to eight. That is unheard of and he thought that they weren't doing the applicant any favors by accepting that kind of an accommodation because he thought it would be trouble not just for the neighborhood and the community, but the church itself. He said he wouldn't want to face a situation where he is going to any place regularly that has a parking problem and he had to deal with it. So that is one problem. The use and number of people on Sundays: in the mornings and evenings up to 35; Monday through 39 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 Thursday in the evenings for mass alone 15 people. The prohibition against any classes. He heard the applicant and members of the church indicate that they were into learning and study and one of the conditions is to eliminate classes during the weekdays so that appeared to be an integral part of what the applicant is seeking. Occasional workshops and holidays and so forth all with only eight parking spaces and if a gardener shows up and a cleaning staff, there goes the parking lot. He didn't know what they were trying to do here, but he thought they were heading down the wrong road. The Religious Freedom Act requires that religious institutions be treated in the same way as commercial applicants and we weren't doing that. So he just thought it was a square peg in a round hole and in the long run wouldn't serve anyone. Commissioner Campbell concurred. She couldn't justify having a church impacting on the neighborhood. When this first came to the Planning Commission it was originally only going to be mass and there would be ample parking on the street. Now this was turned around and even though they would have a conditional use permit, like Mr. Martin suggested, if the commission didn't approve the conditional use permit after a year, what happened to the building and the church? She was not in favor of having the church there. Commissioner Tschopp stated that he didn't think it worked for the church. He didn't think it worked for the City either. Given the planned activities and the intensity of activities the church wants to pursue that wasn't a viable spot for the church. Truly if it was just a house of worship on Sundays only it would probably fit very well into the neighborhood, but given the intensity of the planned activities he thought the staff may have gone a little too far in trying to find ways to mitigate the impact to the surrounding neighborhood. He thought the intent of the Palma Village Plan was to have these commercial buildings become a buffer to the residential properties and the proposed activities are more intense than what an office or a professional building would be sitting next to the residential properties. And OP would not allow convenience stores which would have a lot more activity. He encouraged the church to find a place that works better for them because it wouldn't work in this location and didn't work well for the City. The eight spaces versus having 29 parking spaces and the lack of convenient or viable alternative parking was a problem. 40 MINUTES PALM DESERT PLANNING COMMISSION JUNE 4, 2002 Commissioner Lopez said it was always a difficult decision to have all of them come before them and speak and he knew that all of their hearts were in the right place. Looking at the property and the site and then going through the conditions, as Mr. Martin indicated there are several of them that he just couldn't buy. They are conditions that just don't work for the church and he agreed. In looking at the site and plans and how it would work, he thought the square peg in a round hole was a great analogy. He thought that they needed to have the church somewhere where they could do whatever they wanted to do without having all of these conditions wrapped around it. They had to figure out the right use of land and the right opportunities, etc., and in this case he didn't believe it was the right use for this particular site. Not for the church and not for the city. Chairperson Finerty concurred. Her question for staff was if there was a resolution of denial. Mr. Drell said that the commission could direct staff to prepare one. She asked if there was motion to that effect. Mr. Drell said that the basic finding would be that the intensity of the activity goes beyond the scope of the Palma Village Plan and the proposed office professional use as a buffer between residential uses and commercial. Action: It was moved by Commissioner Jonathan, seconded by Commissioner Campbell, instructing staff to prepare a resolution denying Case No. PP 02-07 to be adopted at the next meeting (June 18, 2002). Motion carried 5-0. Chairperson Finerty thanked everyone for coming and taking the time to participate. IX. MISCELLANEOUS None. 41 PATHFINDEn COMMUNITY OF THE 1t1 EN CHRIST 385o Fairway Mail Box #12 Halm Desert, California 9226o cz6o) 346-4zo3 73850 Fairway, Mail Box #12 Palm Desert, California 92260 July 31, 2002 City of Palm Desert RECEIVED 73710 Fred Waring Drive Palm Desert, California 92260 ,E 12 O2 The City Council COMMUNITY DEVELOPMENT DEPARTMENT Dear Council Members: CITY OF PALM DESERT Knowing we are going before City Council on August 22, 2002, with due respect, let me offer our precise intentions regarding the operations of the Community of the Risen Christ Church, hopefully to function on the corner of San Jacinto and Alessandro in Palm Desert. I realize there are always potential concerns related to noise, intensity of use, parking, and the total environment surrounding that corner. I will speak in our own interests that in the approximately fifteen years 1 served at the Newman Center, across from City Hall, not one complaint from my neighbors was ever registered. One neighbor lived immediately west of the garden area; both facilities sharing a common wall. Humbly, our Church community is neighbor friendly along with being neighborhood friendly, as well. We are willing to bend over backwards in reasonableness so that the whole neighborhood prospers with the addition of the church building. Let me state as clearly as I can decisions regarding the Planning Commission's Resolution number 18: The church facility will not provide a day care/ school facility other than during church services on Saturday or Sunday. As regards item number 21: All church maintenance will be conducted during regular office hours, Monday through Friday. As regards number 22: The church facility will not operate a soup kitchen at any time. As regards number 23: Weddings, Baptisms, pot luck dinners would normally take place on weekends; if necessary, I would joyfully obtain a temporary use permit for any given situation. To be pastorally responsible to our congregation, funerals take place on any day: sensitivity to bereaved families would always take precedence. As regards number 24: Evening uses for the church would be limited and noiseless. This would be adult education classes and book studies with few exceptions beyond these. The grounding principle of our community, and mine, as well, is to be genteel, courteous, cooperative, reasonable, affable, neighborly and sensitive to the needs of each and everyone. We have demonstrated these qualities in the past; let us demonstrate these qualities again. Father Ned Reidy • • • • 5 Y M` 2 a y` Y ,k 6t. K i x .f, • ,.y- r s !ht .aA µb ' ta s. 'zfi� w's`i ' a� • , l 4,, � ."��7" ,, , r �1 a k ' f1 n iy r; '. . ._�� �#r,•t h"' .'", tad,„• ,.t,Y �1^ 1: i M .. ` 't x, r'1'. _''�"" do x, .�>. �N� 1 t x .. , `aT+otavE.il , 1 • s . f Kk ,+'x Fx5�+'xxa t : S,•y.. +u�wy�4 ,s,.-.c• � `` +" } fi a a..'�')�'�IS'4f i �.c�9Fit� t�,4i, s n . Y }• k,. Abet x: ''. C 3n -` '' • aA'z£ . a: '1 �Y / l; s 3 1 • x .{ S .3�. t ` art' '� Y �. " ' TY Of PALM DESEI• 1 73-510 FRED WARING DRIVE ,.�i�;. ,4 9 0-2 PALM DESERT,CALIFORNIA 226 8 ? 5 7 • TEL: 760 346-061 FAX: 760 I— O 8 iafoOpdm-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO.:CUP 02-07 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider an appeal to a decision by the Planning Commission denying a request by PATHFINDER COMMUNITY OF THE RISEN CHRIST CHURCH for approval of a 2,000 square foot church facility at the northwest corner of Alessandro Drive and San Jacinto Avenue, 73-900 Alessandro Drive. DE ANZA Tr- �, Z 0cl sr U Q 5 2 Z Q Q o a i% Alessandro HIGHWAY 111 PROJECT SITE I I VICINITY MAP NTS SAID public hearing will be held at 4:00 p.m.on Thursday,August 22,2002 in the Council Chambers in the Palm Desert City Hall,73-510 Fred Waring Drive,Palm Desert,California,at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m.and 5:00 p.m.Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the Planning Commission at, or prior to,the public hearing. PUBLISH: Desert Sun Rachelle Klassen,City Clerk August 12,2002 Palm Desert Planning Commission - - I