The URL can be used to link to this page

Home My WebLink About2013-09-17 PC Regular Meeting Agenda Packet CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION AGENDA • TUESDAY, SEPTEMBER 17, 2013 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. SUMMARY OF COUNCIL ACTION V. ORAL COMMUNICATIONS Any person wishing to discuss any item not scheduled for public hearing may address the Planning Commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. Because the Brown Act does not allow the Planning Commission to take action on items not on the Agenda, Commissioners will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for report and recommendation at a future Planning Commission meeting. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the Office of the Department of Community Development and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m.-5:00 p.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611, Extension 484. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE PLANNING COMMISSION OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII CONSENT ITEMS HELD OVER OF THE AGENDA. AGENDA PALM DESERT PLANNING COMMISSION SEPTEMBER 17, 2013 A. MINUTES of the Planning Commission meeting of August 20, 2013. Rec: Approve as presented. Action: VII. CONSENT ITEMS HELD OVER Vill. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he, she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. A. REQUEST FOR CONSIDERATION of a Conditional Use Permit to allow an office and art/gift store within the Venture Commerce Center located at 73- 700 Dinah Shore Drive, Suites 201 and 202, in the Service Industrial zone. Case No. CUP 13-189 (William & Nadine Delany, 69768 Camino Pacifico, Rancho Mirage, CA 92270, Applicant). Rec: Waive further reading and adopt Resolution No. 2611, approving Conditional Use Permit 13-189 to operate an office for online sales and an art/gift store within two suites, which total 3,209 square feet. Action: IX. MISCELLANEOUS None X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION XI. COMMENTS 2 GAPlanningWonica OReilly\Planning Commission\2013\Agenda\9-17-13 agn.docx AGENDA PALM DESERT PLANNING COMMISSION SEPTEMBER 17, 2013 XII. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 13t" day of September, 2013. Monica O'Reilly, Recording Sec tary Please contact the Planning Department, 73510 Fred Waring Drive, Palm Desert, CA 92260, (760) 346-0611, for assistance with access to any of the agenda, materials, or participation at the meeting. 3 GAPlanning\Monica OReilly\Planning Commission\2013Wgenda\9-17-13 agn.docx CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, AUGUST 20, 2013 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER 4 Chair Nancy DeLuna called the meeting to order'at 6:00 p 01- II. ROLL CALL Present: Commissioner Ken Stendell Commissioner John Greenwo , ; Commissioner Sonia Campbell. Vice Chair Roger Dash Chair Nancy DeLu Staff Present E Jill TremblajrR1 Attorn Lauri Aylaian, 1, to Qr lopment Too� t�atQ Prin Planner �� . m l lnrca 0' ' IF A d m I istrative Secretary III. P EDGE OF AL ,.;GIANC„ Coat Essioner Ken41endell led the Pledge of Allegiance. IV. SUMMA0' OFq,6NCIL ACTION y� None �u V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 20, 2013 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of July 16, 2013. Rec: By Minute Motion, approve as presented. B. REQUEST FOR CONSIDERATION of a two-year extension for the entitlements of the Delio Professional Building (44450 Monterey Avenue). Case No. PP 07-07 (Paul Delio, 42335 Washington Street PMB 360, Suite 1, Palm Desert, CA 92211, Applicant) Upon a motion by Commissioner Campbell, secotby, Commissioner Stendell, and a 4-0-1 vote of the Planning Commission, the Consent Calendar was approved as presented with Commissioner Greenwood ABSTAINING: „ M VII. CONSENT ITEMS HELD OVER None .ter Vill. PUBLIC HEARINGS � a A. REQUEST FOR CONS61ERAti of a recommendation to the City Council to approve: 1) The adoption 6f Negative. Declaration of Environmental Impact for the Housing Element update, pursuant';to Section 15074 of the California Environmentsua.[ita Act (CEQA and 2 � option of the General Plan t aoNo. GPA12Housing Elin 361 (City of Palm Desert, Applicant). J Mr. Tony B ato, Prirt dal Planner, :orally presented his staff report and PowerPoint pres�ntatioti ��e,reported that it is required by the State to update the kous Elem;r rrtpeomponsn e th city's General Plan. He stated that the docg end f q�l�tates the development of housing in the city, identifies and reduces con8tr i,r tole development of affordable housing, identifies how the ° dity will meet makIated`hr using targets for the period 2014 through 2021, and establishes goals, ; licies,�a programs. He briefly went through a list of items they= Must be mcl d in the Housing Element and showed on screen the Rego"n 1. Housing weds Allocation (RHNA). He noted that the two major change1 r the of irfient are that an analysis of persons with developmental disabilities r (ustl added, and the 2010 census information must be updated. Staff recomri tads approval to the Planning Commission, and Mr. Bagato offered $fly to answer any questions. Chair DeLuna commented that the RHNA numbers have dramatically dropped. She asked what that has been attributed to. Mr. Bagato responded that it is due to the economy, which made the numbers shift. 2 GAPlanning\Monica OReilly\Planning Comm1ssion\2013\Minutes\8-20.13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 20, 2013 Ms. Lauri Aylaian explained that the gathering of RHNA numbers is approximately a two-year process. It involves planners from all cities throughout the region, and all the way up to Southern California Association of Governments (SCAG). She said they work interactively with the county and their counterparts in the Coachella Valley. They look at what growth they project in the next eight years. She stated that the last time the RHNA was done, there was rapid growth going on. It was also anticipated that the City of Palm Desert would be fully built out, which has not happened. Ms. Aylaian stated that this time the numbers were prepared for the new RHNA allocation between 2010 and 2011, and approved in 2012. She noted that the numbers were a reflection e fact that no homes were being built in the several years while the numb,, " re being put together. Chair DeLuna asked if the loss of redevelop ut� effects the number of people that need affordable housing, or doe i my imm3a the ability to deliver housing. 01 0 Ms. Aylaian responded that it impacts city's ability to partici in production of affordable housing. It does not imp' ow M . people will nee housing, or how much would be built if there were ot'`, un mechanisms. She noted that the market prices have fallenso much thais housing that is available at a modest rate. Therefore, it i� rt, cessary fo1 government or other agencies to help produce low cost an oU housin - his time because the market has taken care of that. : :; Chair DeLuna inqutr" � "the D of a slows down the Housing Element or just Housing-Element. z Ms. Aylaia"plied that Obly the H and not the Department of Finance, reviews implem tatio bfthe C-t sing ement. Gommfssione Johh Greenwood asked if it would be beneficial for staff to include e(afification o a position on the applicable codes in terms of ADA compliance. Ctt Bagato respond ed tha the zoning ordinance update included provisions for F ADA compliance. 14 said that the Housing Element is a general policy document that states that thy? city needs to have ordinances to accommodate ADA and x'X speciafneeds housig. Mr. Bagato noted that the zoning ordinance is the tool that develbp e upe to implement those requirements. Commissioner Greenwood inquired if there is a map of future land planned to be developed. Mr. Bagato noted that a map was included in the staff report, page 59. Vice Chair Roger Dash asked for the status of the court ordered stipulation that affects affordable housing projects. 3 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\8-20.13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 20, 2013 Mr. Bagato replied that the stipulation is still in effect. He commented that the Housing Element is in compliance with the State law and the mandate. Vice Chair Dash commented that some of the affordable restrictions will expire on projects that have already been completed, and it will be doubling down on the problem for the city. Ms. Aylaian stated that the city works actively to extend the dates with any project that has units whose affordability covenants are nearing expiration.. With no further questions, Chair DeLuna commented tha",.,staff gave a thorough and comprehensive report, and did a great job at,,-Presenting the report. She thanked staff for all their effort. � Mr. Bagato interjected that the consultant also should�deceive credit for the document. �y s Chair DeLuna declared the public hearing and asked for any pubtit.,testimony IN FAVOR or OPPOSITION. g� With no testimony offered, Chair DeLuna declared""public hearing closed. Commissioner Sonia Cam pbel&c6hcuFred with Chair DeLuna on a job well done by staff. F b Mrtite Moth to recommend to the City Commissioner C moved, y , Council approval o- I ati clarationl,of Environmental Impact and General Plan Amendment 12 3 doptmg t Housing Element. Motion was seconded by Vice Chair Dash and crit by a 5 te. 46, Comm s►oner C moved, mute Motion, to waive further reading and adopt R 0 utio l ; 26 otion was seconded by Vice Chair Dash and carried by a 5-0 vQfi101 ,,a IX CELLANEOU � Nonce X. COMMITT I UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None 4 GAPlanning\Monica OReilly\Planning Commiss1on\2013\Minutes\8-20-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 20, 2013 XI. COMMENTS Chair DeLuna asked the College of the Desert student in the audience if he had any questions. The student did not have questions. Chair DeLuna mentioned to the student that he is welcome to attend future Planning Commission meetings. XII. ADJOURNMENT Upon a motion b Commissioner Stendell, seco d,bi Cc' missioner Greenwood, p Y ,.. Y m V11- and a 5-0 vote of the Planning Commission, Chair 06 una adfburned the meeting at ,6:20 p.m. � . ,. 1° fi NANCY'DE LUNA, CHAIR ATTEST: r > �0 : LAURI AYLAIAN, SEC,RFTARYT,,,`'< ` PALM DESERT PL1I'NING COMMISSIO x , q, a 5 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\8-20-13 min.docx CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW AN OFFICE AND ART/GIFT STORE WITHIN THE VENTURE COMMERCE CENTER LOCATED AT 73-700 DINAH SHORE DRIVE, SUITES 201 AND 202, IN THE SERVICE INDUSTRIAL ZONE SUBMITTED BY: Kevin Swartz, Assistant Planner APPLICANT: William and Nadine Delany 69768 Camino Pacifico Rancho Mirage, CA 92270 CASE NO: CUP 13-189 DATE: September 17, 2013 CONTENTS: Draft Resolution Legal Notice Plans and Exhibits Recommendation Waive further reading and adopt Resolution No. 2611, approving Conditional Use Permit 13-189 to operate an office for online sales and an art/gift store within two suites, which total 3,209 square feet. Executive Summary Approval of staff's recommendation would allow the applicant to operate an office for online sales and an art/gift store within Suites 201 and 202, which total 3,209 square feet. The subject site is located in Building B within the Venture Commerce Industrial project. The principal concern regarding the review of this application is that a retail use is not permitted within the Service Industrial zone. Another concern is to assure land use compatibility with the surrounding businesses and available parking. Staff conducted a parking survey and found that this project would have a minimal impact to the surrounding businesses during the proposed operating hours, and that the business would compliment some of the other businesses. Staff Report Case No. CUP 13-189, Office and Art/Gift Store Page 2 of 7 September 17, 2013 Background A. Property Description: The 4.53-acre parcel is located on the north side of Dinah Shore Drive approximately 2,750 feet east of Monterey Avenue. On June 23, 2005, the City Council approved Precise Plan 04-33 allowing the construction of four 16,473-square-foot general office/warehouse buildings. All four buildings are two-story with 12,972 square feet of office/warehouse space on the first floor and 3,501 square feet of mezzanine office on the second floor. The site is designed with two driveways that provide access to the property off Dinah Shore Drive. The property required 264 parking spaces and the original developer provided 273 parking spaces. All parking is shared on-site between the individual business owners. Each of the four buildings A, B, C, and D has seven suites. The applicant has purchased Suites 201 and 202 located in Building B. Building B currently has one other tenant in Suite 203. Below is a breakdown of all the tenants within the Venture Commerce Center. • Building A 1. Suite 101 — Fiber Seal 2. Suite 102 — Desert Window Treatment 3. Suite 103—Vacant 4. Suite 104— Law Office 5. Suite 105 — Visiting Angels 6. Suite 106—Vacant 7. Suite 107—Vacant • Building B 1. Suite 201 — Proposed Fine Art and Gift Store 2. Suite 202 — Proposed Fine Art and Gift Store 3. Suite 203— Sans Art Glass Studio 4. Suite 204—Vacant 5. Suite 205—Vacant 6. Suite 206—Vacant 7. Suite 207—Vacant • Building C 1. Suite 301 —CrossFit gym 2. Suite 302—Vacant 3. Suite 303— Innovative Corporate Services G:\Planning\Kevin Swartz\Word\CUP's\CUP 13-189,W.Delany Art&Gift Store\Planning Commission Staff Report(2).doc Staff Report Case No. CUP 13-189, Office and Art/Gift Store Page 3 of 7 September 17, 2013 4. Suite 304— Desert Dove Pet Cremation 5. Suite 305—Vacant 6. Suite 306—Vacant 7. Suite 307 —Vacant • Building D 1. Suite 401 — Desert Psychological Services 2. Suite 402 — Boyd & Associates 3. Suite 403—Vacant 4. Suite 404—Total Watch Security 5. Suite 405— Land Concepts 6. Suite 406—Vacant 7. Suite 407— Holdber Holdings Inc. 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: County of Riverside/ Union Pacific Railroad South: Service Industrial/Vacant land East: Service Industrial/ Industrial Buildings West: Service Industrial/Vacant land Project Description The applicant is requesting consideration of a Conditional Use Permit (CUP) to operate an office and art/gift store in the S.I. zone. The applicant has purchased Suites 201 (1,273 square feet) and 202 (1,936 square feet) located in Building B, which totals 3,209 square feet. The applicant is currently utilizing the suites as office use and storage for their merchandise. The applicant currently sells their goods through the internet. The applicant is requesting to sell art work and gifts out of the suites by appointment only. The office and art/gift store would have two full-time employees. The hours of operation are between 10:00 a.m. and 6:00 p.m., Monday through Sunday. The facility has an open floor plan with bathrooms and offices. A floor plan of the proposed space layout for the use is attached in the exhibits. Analysis Each zoning designation has permitted uses and conditional uses. Conditional uses in each zone require consideration by the Planning Commission to assure there is adequate parking and land use compatibility with surrounding properties. The property is located in the S.I. G:\Planning\Kevin Swartz\Word\CUP'S\CUP 13-189,W.Delany Art&Gift Store\Planning Commission Staff Report final.doc Staff Report Case No. CUP 13-189, Office and Art/Gift Store Page 4 of 7 September 17, 2013 zone, and Precise Plan 04-33 approved The Venture Commerce Center for office uses. The retail aspect of selling art work and gifts is not listed as a permitted or conditional use. Chapter 25.34 Service Industrial District Section 25.34.020 Permitted uses L, states the Planning Commission may by resolution permit other uses which are no more objectionable than uses outlined in the section. This section of the code has been used to approve other uses, including gyms and churches, within the S.I. zone in the City. A. Land Use Compatibility: The subject site is designated I-BP (Industrial Business Park) on the City's General Plan land use map, and S.I. on the zoning land use map. The site is adjacent to the Union Pacific Railroad, and other surrounding land uses include retail, office use, and light manufacturing. There is no residential development in the surrounding area. The proposed office use has been previously approved under Precise Plan 04- 33. Although the proposed use to sell art and gifts is not S.I. oriented, the nature of the business would not interfere with the normal conduct of adjacent businesses. There are two employees and all sales are by appointment only. Several of the surrounding businesses conduct light manufacturing within their suites, and schedule appointments for customer walk-ins to view products. The proposed sales of art and gifts would be similar, since the applicant schedules appointments for customers to purchase the products. The aspect of sales would not generate objectionable noise for the adjacent businesses. B. Parking: The Venture Commerce industrial project provided 273 parking spaces. The project is located in the S.I. zone, which requires two parking spaces per 1,000 square feet. The project provided double the amount of required parking, to provide flexibility for other types of businesses that may require more parking than typical industrial uses. When the applicant purchased the two suites, he was allocated 12 parking spaces. According to the off-street parking requirements Section 25.58.310, the parking ratio for retail and office uses is one parking space for each 250 square feet, requiring 13 parking spaces. There will be two employees, and the sales of art work and gifts are by appointment only. The 12 parking spaces allocated for the building would be sufficient during the hours of operation since the project was designed with shared parking. The table below describes the availability of parking during all hours from Saturday, August 17, 2013 to Friday, August 23, 2013. G:\Planning\Kevin Swartz\Word\CUP's\CUP 13-189,W.Delany Art&Gift Store\Planning Commission Staff Report(2).doc Staff Report Case No. CUP 13-189, Office and Art/Gift Store Page 5 of 7 September 17, 2013 Date Time Occupied Vacant Spaces S aces Sat. August 17 12:00 PM 3 270 Sat. August 17 4:00 PM 0 273 Sun. August 18 1:00 PM 0 273 Sun. August 18 5:00 PM 0 273 Mon. August 19 10:00 AM 55 218 Mon. August 19 5:30 PM 7 266 Tues.August 20 10:45 AM 60 213 Tues.August 20 1:15 PM 38 235 Wed. August 21 10:00 AM 50 223 Wed. August 21 6:00 PM 3 270 Thur. August 22 11:30 AM 41 232 Thur. August 22 5:15 PM 6 267 Fri. August 23 11:15 AM 25 248 Fri. August 23 6:00 PM 5 268 Average 21 252 Available Spaces The parking study concluded that 252 parking spaces are available during the proposed business hours. The study indicates that there will be adequate parking available throughout the parking lot. 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. The proposed location is in a Service Industrial zone. Chapter 25.34 Service Industrial District, Section 25.34.020 Permitted uses, L. states, "The Planning Commission may, by resolution permit other uses which are similar and no more objectionable than those enumerated in this section." The type of business conducted at the proposed site is minimal during adjacent business hours and would have minimal impacts on parking, traffic, and noise. Other businesses within the Venture Commerce Center allow for customer walk-ins. The proposed retail sales of art work and gifts would be based on appointment only. The proposed use is in accordance with the objectives of the zoning ordinance. GAPlanning\Kevin Swartz\Word\CUP'S\CUP 13-189,W.Delany Art&Gift Store\Planning Commission Staff Report final.dod Staff Report Case No. CUP 13-189, Office and Art/Gift Store Page 6 of 7 September 17, 2013 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 project as a conditional use is consistent with the intent of the City's Zoning Ordinance as described above. The project will not physically divide an established business park center. The proposed project does not pose a conflict in regards to land use. The site has been previously designed to meet setbacks, lot coverage, building height, land use, and parking requirements for office type uses. The proposed use would not create a public nuisance in terms of noise and parking shortages. Therefore, the use would not be detrimental to the public interest, health, safety, welfare, and materially injurious to properties in the vicinity as described in more detail in the staff report. The office and art/gift store will also conform to all Building & Safety requirements under Title 24. Therefore, the suites will be safe to occupy and not pose a threat to health and safety. 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 property is located in the Service Industrial zone and the project complies with all provisions of the base zone. The site has already been developed and approved under PP 04-33 as four 16,473-square-foot light industrial buildings. The proposed use is consistent with the intent of the zoning ordinance since it meets and/or exceeds the developed standards in the S.l. zone. The proposed use will operate during regular 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 & Safety and the Fire Department conditions. No variances or adjustments are required for approval. 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. G:\Planning\Kevin Swartz\Word\CUP's\CUP 13-189,W.Delany Art&Gift Store\Planning Commission Staff Report(2).doc Staff Report Case No. CUP 13-189, Office and Art/Gift Store Page 7 of 7 September 17, 2013 The non-industrial use of retail sales is on an appointment only schedule, and will not create traffic, noise, and parking impacts. The proposed use will be using the same built improvements, rather than constructing new ones that would be used a small percentage of time. This project maintains a land use that is consistent with the goals, policies, and programs of the General Plan. 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. Environmental Review According to the California Environmental Quality Act (CEQA), staff must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. Further review from a non-exempt project would result in a Negative Declaration, a Mitigated Negative Declaration or an Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project may have a significant impact on the environment. In this case, the proposed project would be a Class 3: New Construction or Conversion of Small Structures (15303) Categorical Exemption for purposes of CEQA and no further review is necessary Submitted By: Kevin Swartz, Assistant Planner Department Head: Lauri Aylaian, Director of Community Development G:\Planning\Kevin Swartz\Word\CUP'S\CUP 13-189,W.Delany Art&Gift Store\Planning Commission Staff Report(2).doc PLANNING COMMISSION RESOLUTION NO. 2611 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW AN OFFICE AND ART/GIFT STORE WITHIN THE VENTURE COMMERCE CENTER LOCATED AT 73-700 DINAH SHORE DRIVE, SUITES 201 AND 202, IN THE SERVICE INDUSTRIAL ZONE. CASE NO: CUP 13-189 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of September 2013, hold a duly noticed public hearing to consider the request by William and Nadine Delany for approval of the above noted; and WHEREAS, according to the California Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. Further review from a non-exempt project would result in a Negative Declaration, a Mitigated Negative Declaration or an Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project may have a significant impact on the environment. The said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 2012-20, in the Director of Community Development has determined that the proposed project is a Class 3: New Construction or Conversion of Small Structures (15303) Categorical Exemption for purposes of CEQA and no further review 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 approve the said request: Findings for 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. The proposed location is in a Service Industrial zone. Chapter 25.34 Service Industrial District, Section 25.34.020 Permitted uses, L. states, "The Planning Commission may, by resolution permit other uses which are similar and no more objectionable than those enumerated in this section." The type of business conducted at the proposed site is minimal during adjacent business hours and would have minimal impacts on parking, traffic, and noise. Other businesses within the Venture Commerce Center allow for customer walk-ins. The proposed retail sales of art work and gifts would be based on appointment only. The proposed use is in accordance with the objectives of the zoning ordinance. PLANNING COMMISSION RESOLUTION NO. 2611 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 project as a conditional use is consistent with the intent of the City's Zoning Ordinance as described above. The project will not physically divide an established business park center. The proposed project does not pose a conflict in regards to land use. The site has been previously designed to meet setbacks, lot coverage, building height, land use, and parking requirements for office type uses. The proposed use would not create a public nuisance in terms of noise and parking shortages. Therefore, the use would not be detrimental to the public interest, health, safety, welfare, and materially injurious to properties in the vicinity as described in more detail in the staff report. The office and artlgift store will also conform to all Building & Safety requirements under Title 24. Therefore, the suites will be safe to occupy and not pose a threat to health and safety. 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 property is located in the Service Industrial zone and the project complies with all provisions of the base zone. The site has already been developed and approved under PP 04-33 as four 16,473-square-foot light industrial buildings. The proposed use is consistent with the intent of the zoning ordinance since it meets and/or exceeds the developed standards in the S.I. zone. The proposed use will operate during regular 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 & Safety and the Fire Department conditions. No variances or adjustments are required for approval. 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. G:\Planning\Kevin Swartz\Word\CUP'S\CUP 13-189,W.Delany Art&Gift Store\Res No 2611 Art Gift Store.doc 2 PLANNING COMMISSION RESOLUTION NO. 2611 The non-industrial use of retail sales is on an appointment only schedule, and will not create traffic, noise, and parking impacts. The proposed use will be using the same built improvements, rather than constructing new ones that would be used a small percentage of time. This project maintains a land use that is consistent with the goals, policies, and programs of the General Plan. 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. 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 recommend approval of CUP 13-189, subject to conditions. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 17th day of September 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: NANCY DELUNA, CHAIRPERSON ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION G:\Planning\Kevin Swartz\Word\CUP'S\CUP 13.189,W.Delany Art&Gift Store\Res No 2611 Art Gift Store.doc 3 PLANNING COMMISSION RESOLUTION NO. 2611 CONDITIONS OF APPROVAL CASE NO: CUP 13-189 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. 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. 3. 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 Building & Safety Department City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 4. All conditions of approval shall be recorded with the Riverside County Clerk's office before any building permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning. 5. Applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with counsel chosen by the city at applicant's expense. 6. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. 7. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals by the Public Works Department. 8. The hours of operation are from 10:00 a.m. to 6:00 p.m. Monday through Sunday. 9. No more than two employees working at one-time. G:\Planning\Kevin Swartz\Word\CUP'S\CUP 13-189,W.Delany Art&Gift Store\Res No 2611 Art Gift Store.doc 4 PLANNING COMMISSION RESOLUTION NO. 2611 10.This project shall comply with the latest adopted edition of the following codes: A. 2010 California Building Code and its appendices and standards. B. 2010 California Plumbing Code and its appendices and standards. C. 2010 California Mechanical Code and its appendices and standards. D. 2010 California Electrical Code. E. 2010 California Energy Code. F. 2010 California Green Building Standards Code G. Title 24, California Code of Regulations. H. 2010 California Fire Code and its appendices and standards. 11. A disabled access overlay of the precise grading plan is required to be submitted to the Dept of Building and Safety for plan review of the site accessibility requirements as per 2010 CBC Chapters 11 A & B (as applicable) and Chapter 10. 12. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1217. 13. The Traffic Uniform Mitigation Fees (TUMF) must be paid at time of issuing the building permit. 14. All exits must provide an accessible path of travel to the public way. (CBC 1024.6 & 1127B.1) 15. Detectable warnings shall be provided where required per CBC 1133B.8 and 112713.5 (7). The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. 16. 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. 17. 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. 18. 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. 19. Please contact Cherie Williams, Building and Safety Technician, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. GAPlanning\Kevin Swartz\Word\CUP'S\CUP 13-189,W.Delany Art&Gift Store\Res No 2611 Art Gift Store.doc 5 CIIV Of Pir � fl CESf � 73-510 FRED WARING DRIVE PALM DESERT,CALIFORNIA 92260-2578 TEL:76o 346—o611 FAX:760 341-7098 i nfoC'palm-deserr.o rg CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 13-189 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by William and Nadine Delany for consideration of a Conditional Use Permit to allow a retail store (Antiques and Fine Art) within Venture Commerce Center located at 73-700 Dinah Shore Drive Suites 201 and 202. d K 3 t {a'' ottya �; t r� " t � �3 i t a x 4 HQb4eq a 43t v > a { 45 ? sa h o r 7 ro tJ r 1 § t sir G a t s „C �'- ''t APN'64406902fi � u 't�t x3', ti• r ...... 11.458 Notes SAID public hearing will be held on Tuesday, September 17, 2013 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 th�Planning Commission at, or prior to,the public hearing. PUBLISH: Desert Sun LAURI AYLAIAN, Secretary September 5, 2013 Palm Desert Planning Commission VENTURE _ CENTER 1 1 f i R 1 . i 1 000•� " NO: 1 - 1 i i Oi�i'JOB' t 4 Door Open.O ffloe Area se-_z-,= (4C b Unit#202 First Floor b Open Office Area Stairs ff RR RR 29.0' 29.0' RR od RR 2.0' -0 Unit#201 b Cd Open Office Area 3.0' 3.0 3.0' b b 4 Proposed Roll Door 27.0' 3.0' AREA CALCULATIONS SUMMARY BUILDING AREA BREAKDOV*'� Code Description size Net Totals Breakdown subtota-1 GBA1 Unit #201 1273.00 1273.00 Unit #201 GBA2 Unit #202 - 2nd V1r. 1353.00 4.0 x 31.0 124 Unit #202 - 2nd r1r. 583.00 1936.00 21.0 x 28.0 588.: 18.0 x 29.0 522.,* 3.0 x 3.0 q.: 1.0 x 30.0 3C.' Unit #202 - 2nd F1r. 3.0 x 4.5 13.! 4.5 x 28.0 1M!� 2.5 x 19.0 47.E 26.5 x 44.0 1166.^1 17.0 x 24.0 408.0 4.0 x 10.0 40.0 4.0 x 15.0 60.0 3.0 x 25.0 75.0 TOTAL BUILDING (rounded) 3209 13 Calculations Total(rounded) 3209 Freeman&Associates APEX SOFrWARE 800-858-M8