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Home My WebLink AboutC. Case No. CUP 10-106 - Cornerstone Covenant Church, Applicant CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: APPROVAL OF A CONDITIONAL USE PERMIT WOULD ALLOW CONERSTONE COVENANT CHURCH TO OPERATE IN A 14,370 SQUARE FOOT BUILDING IN A SERVICE INDUSTRIAL DISTRICT. THE PROPERTY IS LOCATED WITHIN THE PRES MONTERY PROJECT AT 73-605 DINAH SHORE DRIVE. SUBMITTED BY: Kevin Swartz Assistant Planner APPLICANT: Cornerstone Covenant Church Richard Chavarria 78-900 Avenue 47, Suite 100 La Quinta, CA 92253 DATE: May 4, 2010 CASE NO: CUP 10-106 CONTENTS: Planning Commission Resolution No. Legal Notice Exhibits— Site Plan and Floor Plans, by Philip Smith Recommendation That the Planning Commission adopt Resolution No. , and approve Conditional Use Permit 10-106, subject to the conditions attached. Executive Summary Approval of staff's recommendation will allow the applicant, Cornerstone Covenant Church to operate within a 14,370 square-foot building within the Pres Monterey industrial project located at 73-605 Dinah Shore Drive. The church would have approximately 200 members, one full time pastor, one part time youth pastor, and one part-time receptionist. The church will operate between the hours of 9:00 a.m. to 8:00 p.m., Monday through Friday, and on Sundays for worship service during the hours of 10:00 a.m. to 11:30 a.m., and during Christian holidays during the hours of 8:30 a.m. to 3:00 p.m. The principal concern regarding the review of this application is the available parking. Staff conducted a parking survey, and as a result with the shared parking throughout the parking lot, it can be concluded that this project would be of minimal impact to the surrounding businesses during operating hours. Staff Report CUP 10-106 May 4, 2010 Page 2 of 7 Background A. Property Description The property is a 10.21-acre quadrilateral-shaped lot located between Spyder Circle, Dinah Shore Drive and Leilaini Way. On April 6, 2004, the Planning Commission approved Precise Plan 03-21 allowing the development of 16 light industrial buildings totaling 174,550 square feet with 362 parking stalls. The site is designed with two driveways that provide access to the project from public streets. One driveway is located on Dinah Shore Drive and the second is located on Leilani Way. The buildings are distributed throughout the property with internal circulation between buildings and the parking area. The applicant is proposing to lease Building A, which is currently vacant. Buildings B, G, and J, are also currently vacant. The remaining 12 buildings are owner / occupant: Building Business Name Owner/ Occupant Palm Desert Door and Building C Hardware Owner ALSCO Building D Occupant Maverick's Cheerleading Building E Occupant ULF Strondjord Building E Occupant Cardinal Promotions Building F Owner Palm Desert RV Collision Building H Clinic Occupant Sluggers Building I Occupant T.J. Weaver Action Building K Gymnastics Occupant Totalline Building L Occupant John Jory Building M, Occupant Suite 1320 Josephina West, Inc, Building M, Occupant Suite 1330 G:\Planning\Kevin Swartz\Word\CUP'S\CUP 10.106,Conerstone Church\pc staff report 3.doc Staff Report CUP 10-106 May 4, 2010 Page 3 of 7 Frank Custom Upholstery Building N, Owner Suite 1402 Lighthouse Building N, Owner Suite 1403 Gateway Furniture Building 0 Occupant Cornerstone Restaurant Building P Supply Occupant B. General Plan Designation and Zoning The property is currently designated Industrial Business Park (I-BP) in the General Plan and is zoned Service Industrial (S.I.). C. Adjacent Zoning and Land Use North: Service Industrial / PP 04-28 approved South: Service Industrial / Industrial Buildings East: Service Industrial/ Industrial Buildings West: Service Industrial / Pointe Monterey Office Park Project Description Cornerstone Covenant Church is requesting approval of a Conditional Use Permit (CUP). Cornerstone Covenant Church will occupy Building A located to the northwest of the property with 29 parking stalls. The building includes a worship hall, nursery, offices, storage, café internet lounge, reception area, restrooms, and a second floor mezzanine used for storage. A floor plan of the proposed space layout for the use as requested is attached in the exhibits. The church will provide Sunday worship service from 10:00 a.m. to 11:30 a.m., mid-week gatherings for junior and senior high school students from 4:00 p.m. to 7:00 p.m., mid-week bible study gatherings in the morning from 7:30 a.m. to 8:30 a.m., and on evenings from 6:00 p.m. to 8:00 p.m., and office hours Monday through Friday from 9:00 a.m. to 5:00 p.m., and by appointment only till 8:00 p.m. The church would also operate during Christian holidays during the hours of 8:30 a.m. to 3:00 p.m. Total church membership consists of approximately 200 members; approximately 165 adults, 20 junior and senior high school students, and 15 infants and toddlers. Sunday worship service is averaging 70 adults, 15 junior and senior high students and 10 toddlers and infants. The church will have one full-time pastor, one part time youth pastor, and one part-time receptionist. G:\Planning\Kevin Swartz\Word\CUP's\CUP 10-106,Conerstone Church\pc staff report 3.doc Staff Report CUP 10-106 May 4, 2010 Page 4 of 7 The church also offers a café internet lounge. The café Internet lounge is a quiet space for staff, church members and visitors to study and enjoy coffee and soda. The café internet lounge would not be open to the public and would not serve food. Analysis Churches are permitted, subject to a CUP, within any zoning district within the city. The CUP is required to assure there is adequate parking and land use compatibility with surrounding businesses. The existing building was approved for industrial use and was parked at two spaces per 1,000 square feet. The proposed use has different parking requirement. Churches are parked at one parking space for each three fixed seats within the main auditorium. Sundays would be the busiest day for the church, and while four of the operating businesses within the complex are open on weekends, Sundays are their slowest days. Staff has conducted a parking study and has concluded that the proposed church would be of minimal impact to the neighboring properties. Parking lot use and hours of operation seem to have minimal impact on adjacent businesses. The project complies with all of the development standards of the zone. A. Land Use Compatibility The proposed use is located in a Service Industrial (S.I.) zone. Although the proposed use is not Service Industrial oriented, the nature of the church would not interfere with parking or the normal conduct of adjacent businesses. Sundays are the busiest days for the church, with a worship service from 10:00 a.m. to 11:30 a.m. Maverick's Cheerleading located in Building E, Palm Desert RV Collision Clinic located in Building H, Sluggers located in Building I, and Action Gymnastics located in Building K are open on the weekends. Each building's allocated parking is able to accommodate weekend customers. The church is compatible with the other uses in the complex and offers an excellent service to the community. B. Parking Pres Monterey industrial project provides two parking stalls per 1,000 square feet. The project was required to have 349 parking spaces, and provided 362 parking spaces. The church is proposing to utilize Building A, which is allocated 29 parking spaces. According to the Off-Street Parking requirements, Section 25.58.310, the parking ratio for a church is one parking space for each three fixed seats within the main auditorium. There will be 230 fixed seats requiring 77 parking spaces. The 29 parking spaces allocated to the building would be enough for the church Monday through Friday. While the building will be short 48 parking spaces on Sundays between the hours of 10:00 a.m. 11:30 a.m., the project was designed with shared parking. Immediately south of the building there are 150 shared parking spaces and 81 were used for the parking study. The table below describes the availability of parking during all hours from Wednesday, April 14, 2010 to Wednesday, April 21, 2010. G:\Planning\Kevin Swartz\Word\CUP'S\CUP 10-106,Conerstone Church\pc staff report 3.doc Staff Report CUP 10-106 May 4, 2010 Page 5 of 7 Time Vacant Spaces Total spaces Date in Parking lot occupied (110 available) Wed April 14 9:00 AM 80 30 Wed April 14 4:00 PM 88 22 Thurs April 15 9:30 AM 82 28 Thurs April 15 3:15 PM 75 35 Fri April 16 10:15 AM 86 24 Fri April 16 5:15 PM 105 5 Sat April 17 12:30 PM 110 0 Sat April 17 4:00 PM 110 0 Sun April 18 10:00 AM 110 0 Sun April 18 12:30 PM 110 0 Mon April 19 10:00 AM 84 26 Mon April 19 7:00 PM 110 0 Tues April 20 11:30 AM 88 22 Tues April 20 6:30 PM 110 0 Wed April 21 9:30 AM 86 24 Wed April 21 1:00 PM 85 25 Average Available 95 15 Spaces The parking study concluded that an average of 95 parking spaces would be available for the church during operating hours. The main concern for parking is on Sundays from 10:00 a.m. to 11:30 a.m., during worship service. The businesses adjacent to the proposed use are not open on Sundays. The later evening hours of the proposed use would not pose a parking problem since the adjacent businesses close at 5:00 p.m. daily. The study indicates that there will be adequate parking available. G:\Planning\Kevin Swartz\Word\CUP's\CUP 10-106,Conerstone Church\pc staff report 3.doc Staff Report CUP 10-106 May 4, 2010 Page 6 of 7 C. Findings of Approval 1. That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purpose of the district in which it is located. Churches are permitted subject to a Conditional Use Permit within any zoning district within the city. The proposed location is in a Service Industrial zone. The project was approved for industrial use. The proposed location of the industrial park is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. The type of business conducted at the proposed site is minimal during adjacent business hours and would have minimal impacts on parking. The church operates Monday through Friday, with a Sunday worship service. The Sunday worship service will not impact the complex, since majority of the tenants are not open for business. 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. The proposed Cornerstone Covenant Church will meet all applicable requirements of the Zoning Ordinance and all applicable building codes and will not be detrimental to general public health, safety, and welfare or materially injurious to the properties in the vicinity. Water, sanitation, public utilities and services are already constructed throughout the building. 3. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance, except for approved variances or adjustments. The site has already been developed and approved as an industrial complex. The proposed use is consistent with the intent of the Zoning Ordinance since it meets and/or exceeds the development standards in the Service Industrial zone. The use of a church will operate during business hours and conditions have been placed on the project to ensure that all the minimum requirements of the Palm Desert Municipal Code are met, including building, landscaping, public works, and the fire department conditions. This promotes a mixed, efficient use of the site within the Service Industrial zone. 4. That the proposed conditional use complies with the goals, objectives and policies of the City's General Plan. The general plan land use designation for the site is "Industrial / Business Park (I-B.P.)': A primary objective stated in the Land Use Element of the G:\Planning\Kevin Swartz\Word\CUP's\CUP 10-106,Conerstone Church\pc staff report 3.doc Staff Report CUP 10-106 May 4, 2010 Page 7 of 7 General Plan under Industrial Goals, Policies and Programs is Goal 1, which provides for the development of business parks and non-polluting industrial uses, and which assures compatible integration with other, non-industrial land uses. Policy 6B of the General Plan Land Use Element is to review all business park/industrial development proposals with a special regard for public health and safety issues to ensure that the type and intensity of the use is appropriate for the proposed location and comparative with surrounding land uses. The Circulation Element of the General Plan is meant to address and ensure that transportation issues are addressed in a manner that limits adverse and enhances positive impacts, and to assure that local traffic stays local. The Circulation Element also establishes and directs actions to maintain acceptable levels of service on all community roadways. A goal of the City is to carefully review projects to assure neighborhood character is protected. The non- industrial church is better suited at this site since the church use occurs during hours when industrial uses don't need the parking lot and infrastructure. The church is using the same built improvements, rather than constructing new ones that would be used a small percentage of time. A church in an industrial zone would protect residential neighborhoods from traffic and parking impacts, as well as preserve safety for residents. The project is consistent with the General Plan in respect to the appropriate use of the proposed location. The business is compatible with surrounding land uses, and offers an excellent service to the community. Environmental Review The application is a Class 3 categorical exemption for purposes of CEQA and no further documentation is necessary. Conclusion The principal concern regarding the review of this application is the available parking. The parking survey illustrates there are an average of 95 available spaces during the hours of operation from 9:00 a.m. to 8:00 p.m., Monday through Friday, and on Sundays from 10:00 a.m. to 11:30 a.m. Most churches would generate a need for the same parking spaces within the city. As a result of the shared aspect of parking throughout the community parking lot, it can be concluded that this project would be of minimal impact, as church members are able to park in available spaces throughout the industrial complex. Submitted By: Department Head: X ,'A/ Kevin Swartz Lauri Aylaian Assistant Planner Director of Community Development G:\Planning\Kevin Swartz\Word\CUP'S\CUP 10-106,Conerstone Church\pc staff report 3.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT ALLOWING CORNERSTONE COVENEANT CHURCH TO OPERATE IN A 14,370 SQUARE FOOT BUILDING IN A SERVICE INDUSTRIAL DISTRICT. THE PROPERTY IS LOCATED WITHIN THE PRES MONTEREY PROJECT AT 73-605 DINAH SHORE DRIVE. WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of May, 2010, hold a duly noticed public hearing to consider the request by Cornerstone Covenant Church, for approval of the above noted; 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. 06-78 in that the Director of Community Development has determined that the project is a Class 3 Categorical Exemption; 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 the approval of said request: 1. That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purpose of the district in which it is located. Churches are permitted subject to a Conditional Use Permit within any zoning district within the city. The proposed location is in a Service Industrial zone. The project was approved for industrial use. The proposed location of the industrial park is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. The type of business conducted at the proposed site is minimal during adjacent business hours and would have minimal impacts on parking. The church operates Monday through Friday, with a Sunday worship service. The Sunday worship service will not impact the complex, since majority of the tenants are not open for business. 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. The proposed Cornerstone Covenant Church will meet all applicable requirements of the Zoning Ordinance and all applicable building codes and will not be detrimental to general public health, safety, and welfare or materially PLANNING COMMISSION RESOLUTION NO. injurious to the properties in the vicinity. Water, sanitation, public utilities and services are already constructed throughout the building. 3. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance, except for approved variances or adjustments. The site has already been developed and approved as an industrial complex. The proposed use is consistent with the intent of the Zoning Ordinance since it meets and/or exceeds the development standards in the Service Industrial zone. The use of a church will operate during business hours and conditions have been placed on the project to ensure that all the minimum requirements of the Palm Desert Municipal Code are met, including building, landscaping, public works, and the fire department conditions. This promotes a mixed, efficient use of the site within the Service Industrial zone. 4. That the proposed conditional use complies with the goals, objectives and policies of the City's General Plan. The general plan land use designation for the site is "Industrial / Business Park (I-B.P.)" A primary objective stated in the Land Use Element of the General Plan under Industrial Goals, Policies and Programs is Goal 1, which provides for the development of business parks and non-polluting industrial uses, and which assures compatible integration with other, non-industrial land uses. Policy 6B of the General Plan Land Use Element is to review all business park/industrial development proposals with a special regard for public health and safety issues to ensure that the type and intensity of the use is appropriate for the proposed location and comparative with surrounding land uses. The Circulation Element of the General Plan is meant to address and ensure that transportation issues are addressed in a manner that limits adverse and enhances positive impacts, and to assure that local traffic stays local. The Circulation Element also establishes and directs actions to maintain acceptable levels of service on all community roadways. A goal of the City is to carefully review projects to assure neighborhood character is protected. The non- industrial church is better suited at this site since the church use occurs during hours when industrial uses don't need the parking lot and infrastructure. The church is using the same built improvements, rather than constructing new ones that would be used a small percentage of time. A church in an industrial zone would protect residential neighborhoods from traffic and parking impacts, as well as preserve safety for residents. The project is consistent with the General Plan in respect to the appropriate use of the proposed location. The business is compatible with surrounding land uses, and offers an excellent service to the community. PLANNING COMMISSION RESOLUTION NO. 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 the Planning Commission does hereby grant approval of Conditional Use Permit 10-106, subject to the conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of May, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: M CONNOR LIMONT, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. CUP 10-106 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. 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: City Fire Marshal Public Works Department Building and Safety 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. 3. Hours of operation for Cornerstone Covenant Church shall be conducted between the hours of 9:00 a.m. and 8:00 p.m. Monday through Friday, and Sundays for worship service during the hours of 10:00 a.m. to 11:30 a.m., and during Christian holidays from 8:30 a.m. to 3:00 p.m. 4. The church would have a maximum of three employees. 5. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. PLANNING COMMISSION RESOLUTION NO. PUBLIC WORKS CONDITIONS: 1. The applicant shall upgrade the curb ramps on Leilani Way, adjacent to their building, to current ADA standards. 2. The applicant shall submit landscape plans for review and approval if they make changes to the existing landscaping. BUILDING DEPARTMENTS CONDITIONS: 1. Project must conform to the current State of California Codes adopted at the time of plan check submittal. The following are the Codes enforced at this time: 2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC) 2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC) 2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC) 2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC) 2007 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency Standards) 2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2007 CALIFORNIA FIRE CODE 2. All exits must provide an accessible path of travel to the public way. (CBC 1024.6 & 1127B.1) 3. Detectable warnings shall be provided where required per CBC 1133B.8 and 1127B.5 (7). The licensed architect/engineer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supercede the State requirement. 4. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Dept of Building and Safety. 5. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 6. All contractors and/or owner-builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 7. This project requires an architect and/or engineer licensed by the State of California. 8. This project may also incur revised traffic uniform mitigation fees based on the change of use. CITY Of EniIill DESERT +r�',ti 73-510 FRED WARINC; DRIVI PALM Das!RI-,CALIFORNIA 92260-2578 • !! "' ., i j TEL:760 346-0611 Al a 1,-” i I FAX:760 341-7098 ';,'..7 ! infopaIn-descrtorg CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 10-106 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert , Planning Commission to consider a request by Cornerstone Church of La Quinta for approval of a conditional use permit for a new church with a worship hall, office and classrooms. The property is located at 73605 Dinah Shore Drive. 1 '- I I_ I Ja�I/I � mkt_ ordmiltikkN.,..„ ((1/ a 0..„ 1 , ilatiohdli ....,,„ . araiiiiii ,......,,,:4.,.. soDEN OAS/a e 1 1 SPYDER CIRCLE LL , AZURE ni..� 3 pTN AVENUE V ----_._ OATH AVENUE -- i 1 it rat: .: Giro o/✓aGx"Amer! ..,+ ticx.r p;, Cornerstone Covenant Church Note. SAID public hearing will be held on Tuesday, May 4, 2010 at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 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 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 LAURI AYLAIAN, Secretary April 26, 2010 Palm Desert Planning Commission