The URL can be used to link to this page

Home My WebLink About2016-03-15 PC Regular Meeting Agenda Packet CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION AGENDA TUESDAY, MARCH 15, 2016 — 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 MARCH 15, 2016 A. MINUTES of the Regular Planning Commission meeting of March 1, 2016. Rec.- Approve as presented. Action: VII. CONSENT ITEMS HELD OVER Vill. NEW BUSINESS None IX. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she 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 (CUP) to construct an 80-foot diameter multi-use pavilion structure to be used for special events at the Entrada del Paseo property located at 72-565 Highway 111. Case No. CUP 16-25 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2666, approving CUP 16-25, subject to conditions. Action: X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION C. GENERAL PLAN & SPECIFIC PLAN UPDATE XII. COMMENTS 2 GAPlanning\Monica OReilly\Planning Commission\2016\Hgenda\3-15-16 agn.docx AGENDA PALM DESERT PLANNING COMMISSION MARCH 15, 2016 XIII. 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 111" day of March, 2016. Monica O'Reilly, Record in cretary 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 GAPlanningWonica OReilly\Planning Commission1201MAgendal3-15-16 agn.docx CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, MARCH 1, 2016 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM SERT, CA 92260 I. CALL TO ORDER Chair John Greenwood called the meeting der at 6:00 II. ROLL CALL Present: Chair John Greenwood Vice Chair Sonia Campbell Commissioner Nancy DeLuna Commissioner Joseph Pradett Staff Present:' , r Jill Trembl it Attorn Ryan Stend recto rX unity elopment Marti Ivarez, " ; elopment E; oci anner . ica O' , �.�-..Ad trative Secretary III. DGE OF AL IAN Co sioner Na DeLuna led the Pledge of Allegiance. IV. SUMMA F NCIL ACTION Mr. Ryan Ste dell, Director of Community Development, summarized pertinent February 25, 2016, City Council actions. V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 1, 2016 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of January 19, 2016. Rec: Approve as presented. Upon a motion by Commissioner Pradetto, second by Commissioner DeLuna, and a 4-0 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: Campbell, DeLuna, Greenwood, and Pradett NOES: None). VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. PUBLIC HEARINGS A. REQUEST FOR CONSltaw , N of a C ':ional Use Permit (CUP) for the placement of a donation " c 1, tation the Westfield parking lot located at 72-840 Highwa 11. o. C 6-011 (Green Education Foundation, S e, Califon. , A 3 Mr. Eric Ce' ssocia Planne viewed the staff report (staff report is available citvofiD desert.o He noted that the recycling station has been in the-, ing to month, staff took a look if there would be an impact to the e o e east. From the residential view, only th nels be seen recommended approval of the CUP, and er a ; estions. mmissioner na a what the solar panels function is. Mr. 'a respond e hat the solar panels would power the facility, such as the comp screen security cameras. Vice Chai ampbell referred to the picture of two other donation facilities, and asked if are located in the Palm Desert. Mr. Ceja replied yes. Vice Chair Campbell noted that the proposed facility within the Westfield parking lot is more attractive compared to the other two facilities. Chair Greenwood inquired why the applicant wanted to locate the facility at the eastern property line versus north (behind Trader Joe's). 2 GAPlanning\Monica OReilly\Planning CommissionUO16\Minutes\3-1-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 1, 2016 Mr. Ceja referred the question to the applicant. He mentioned that there was a concern with the visibility of the facility. Chair Greenwood asked if anyone has been in opposition of the facility since it has been in operation for a month. Mr. Ceja replied that staff did not receive any comments in favor or opposition of the recycling facility. Commissioner DeLuna asked if people could drop off i 24 hours a day or are there certain hours of operation. Mr. Ceja believed that the facility operates ur ay, and referred the question to the applicant. Chair Greenwood declared the public hearin n and asked for a blic testimony IN FAVOR or OPPOSITION. MS. CHARLENE NIJMEH, Green Educ- dation, San Jose, California, stated that Green Educatio oundation is 1(c)(3) organization focused on supporting and promoting g cation in ols. Proceeds generated from the donation recycling facilit o used t port schools in the City of Palm Desert. She explained t t Sys powers the LED lights, cameras, and to een dis T h p monitor the inside and outside of the s urs a their enter. Commissi eLuna d the icant if they accept electronics, or what other items ey soli :t M H re -bd than ccept small household items; however, t` g tha microwave. She stated that they do not collect any ctronics, o any similar to oil. ` z missioner De .a cla red that they do not accept paint or anything that is pe t"` ble. MS. NI ' re they do not. Vice Chair C bell asked if the camera would monitor the facility. MS. NIJMEH replied yes. Vice Chair Campbell asked if there would be a staff person at the facility, and how are they going to know if donations are left outside of the facility. 3 G:\Planning\Monica OReilly\Planning Commission\2016\Minutes\3-1-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 1, 2016 MS. NIJMEH responded that they have cameras in each corner of the kiosk. Cameras will monitor the inside and outside of the facility. They are able to dispatch a driver if they see the shoots are getting full or if there is an overflow. Chair Greenwood inquired how they are educating the Palm Desert residents that the donation recycling station exists. MS. NIJMEH said that they would be reaching out to the schools to bring awareness to the unit. Chair Greenwood asked the applicant why they fel current location is better than the location to the north, which is farther aw he residential area. MS. NIJMEH responded that there is mor is ility in T, urrent location for people to feel safe to donate. Commissioner DeLuna asked if the uld be li is 24 hours ` y, how tall would the lights be, and what would th` is shi MS. NIJMEH answered that J. LED lights my under the rim of the facility. There would be no lights th to the ne rhood. With no further testimony offered, Ch ree ecla a public hearing closed. Commissioner oved X furt a eading and adopt Planning Commission Resod No. 4, app `ng Case No. CUP 16-011, subject to conditions. Motio. s second by Vice - air Campbell and carried by a 4-0 vote (AYES: Campbell, na, Gr- od, an detto; NOES: None). C ."s woo ed the app rf� � J. REQUES Q, R IDERATION of a Conditional Use Permit (CUP) for partial stree atio San Marcos Avenue and the construction of a 32- all public ing with perimeter wall, landscape, and lighting ovements a intersection of San Marcos Avenue and San Clemente Ci Case N UP 16-030 (City of Palm Desert, Palm Desert, California, App Chair Green d stated he is employed by Prest Vuksic Architects, architect for the proposed perimeter wall, and he recused himself from this item. Mr. Ceja introduced Mr. Martin Alvarez, Director of Economic Development. Mr. Alvarez provided a brief update on the Alessandro Alley project, which is also referred to the Alessandro West corridor. The project stretches from Las Palmas Avenue to the alley access road off of Highway 111 (alley between 1st Bank/Enterprise). The project would include a public parking lot, perimeter wall, 4 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\3-1-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 1, 2016 landscape, and lighting improvements. He pointed out Lots 8 & 9 are now owned by the City. The lots would allow the City to create a central public facility. The public facility would remove and address the blighted area. It would also provide a core parking amenity that would facilitate future expansions of the commercial properties located to the south, as discussed in the General Plan Update process. He offered to answer any questions. Commissioner DeLuna pointed to the illustration, and noticed that the black lines are broken on Lots 3, 11, and 19. She asked what the bl k lines indicate. Mr. Alvarez explained that Lot 3 is privately owned . Michael Castelli, in the future, Mr. Castelli may have to use Lot 3 fo rant parking. Lot 11 is another parking area that is utilized by Enterp a Car. Last, Lot 20 is a privately owned apartment complex. He sa'. City pu ed the green area in front of Lot 20, and the City traded Lot reviously ow y the City). The owner of the apartment complex now ots 19 and 20. M . arez informed the Commission that the City is goin wild carp s on Lot 19 change for the carports the City would demolish i t of t plex. Commissioner DeLuna aske hat each co he illustration indicates. Mr. Alvarez responded that be gr ecause it is owned by the City, and noted the map has n een d. Th re, all items in green are owned by the Ci, e City urr 'ati with the owner for the purchase of Lo a lots mag are owned by the Successor Agency (for the P Desert evelopment Agency). Lots 1, 4, 5, 6, and 10 (mage ould hav be sol the open market by July 2018. Lots 13 & 14 (blue) w ocated itat for anity. Vi amp ,quired�if uld be acquired. Alvarez nd at Lot 7 is privately owned. The City Council has ected staff to h ou a owner for future acquisition of the property. Co ssioner Jo Pradetto questioned if Lots 2 & 3 are potentially for parki additio the 140 parking spaces planned in the green areas. Mr. Alvare that it would be additional parking. At this time, Mr. Ceja outlined the salient points of the staff report (staff report is available at www.cityofpalmdesert.org). Commissioner Pradetto asked Mr. Stendell to provide an overview of what is projected to change, specifically, on the southern side where the businesses are. Mr. Stendell stated that the area has been identified as one that has a significant amount of opportunity. Related to the General Plan Update, strategizing public 5 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\3-1-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 1, 2016 parking as more of a public utility in the future was discussed. It would provide an incentive for property owners to expand their buildings more in line with what the City if considering in the General Plan. He noted that there is no specific concept that everyone is in love with for this area; the City sees this entire plan as having an enormous amount of opportunity for the future. Commissioner Pradetto said theoretically the square footage of the lots could be increased, parking would go away, and parking would become more centralized. Mr. Stendell replied yes. Commissioner DeLuna added that the propertie north side of Highway 111 are lower than the properties on the s id Highway 111. In the General Plan Update meetings, they discu adding tory buildings with retail below and residential above. , ", a said ha these parking accommodations would help in gen n addition, as b ss and traffic increases along the Highway 111 co there wo be public K., g available to release some of the stress. Mr. Ceja interjected he forg .o mention i eport that after the agenda was sent out, staff received a le or of the ct. The letter was provided to the Planning Commission pri ting. Vice Chair Camp eferred he I and asked what is the shaded area in a they ones. Mr. Ceja r ded that st of the ded area is mostly decomposed granite, boulders, a obbles: He m ned the central area functions as a retention base modate some of the water from the pa Last, ted that chitectural Review Commission reviewed ppr e pt mmissioner na ed to a drawing, and asked if the perimeter is a wall. Mr. replied The block wall is consistent with the other walls and improve is o ssandro Alley. Commission eLuna asked how tall the wall is. Mr. Ceja said six feet. Vice Chair Campbell declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MR. PAUL DOVE, San Clemente Circle, Palm Desert, California, commented they live adjacent to the proposed project. He expressed they are highly in favor 6 G\Planning\Monica OReilly\Planning Commission\2016\Minutes\3-1-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 1, 2016 of the project. The project would beautify the City, and it would cut down the traffic that currently goes by their house. With no other testimony offered, Vice Chair Campbell declared the public hearing closed. Commissioner Pradetto commented that in general, building more parking lots is not a good use of land. With the General Plan clarification and seeing the bigger picture, he supports the plan and feels it is a smart move Commissioner Pradetto moved to waive further g and adopt Planning Commission Resolution No. 2665, approving Case P 16-030. Motion was seconded by Commissioner DeLuna and carried by -0- to (AYES: Campbell, DeLuna, and Pradetto; NOES: None; ABSENT: Gr ood). X. MISCELLANEOUS None XI. COMMITTEE MEETING UP TES A. ART IN PUBLIC PLACES None B. PARKS REA Mr. Stende d that eting in rch has been canceled. r C. L P ECIF UPDATE Stendell a staff is reviewing the traffic model. Once the traffic del is done, wo 'dy up the General Plan for public review. He also ed that he d Mr. ony Bagato completed the first revisions of the Un ity Neighbo od Specific Plan. XII. COMM Commission eLuna commended Mr. Alvarez and staff for the excellent job done in the organization and preparation of the Alessandro Alley improvements. She inquired if the Presidents Plaza parking issues are being addressed. Mr. Stendell replied yes. He mentioned the City sent letters to the utility companies in all Presidents Plaza areas. The City requested that they add to their schedules to move utilities from the center line of the parking lots to the north and south extents. Even though they do not know what direction the City is 7 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\3-1-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 1, 2016 headed with the Presidents Plaza parking lots, they wanted to send the utility companies a notice. Commissioner DeLuna asked if pedestal or subterranean parking would be considered. Mr. Stendell responded that it is likely. XIII. ADJOURNMENT With the Planning Commission concurrence, Ch enwood adjourned the meeting at 6:40 p.m. JO REENW OD, CHAIR ON ATTEST: RYAN STENDELL, SEC RY PALM DESERT PLAN MISS MONICA X, Y, R NG S Y 8 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\3-1-16.docx CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT AN 80-FOOT DIAMETER MULTI-USE PAVILION STRUCTURE TO BE USED FOR SPECIAL EVENTS AT THE ENTRADA DEL PASEO PROPERTY LOCATED AT 72-565 HIGHWAY 111 SUBMITTED BY: Kevin Swartz, Associate Planner APPLICANT: City of Palm Desert CASE NO: CUP 16-25 DATE: March 15, 2016 CONTENTS: 1. Draft Planning Commission Resolution No. 2666 2. Legal Notice 3. Plans and Exhibits Recommendation Waive further reading and adopt Planning Commission Resolution No. 2666, approving Conditional Use Permit (CUP) 16-25. Executive Summary Approval of the CUP will allow the City to construct a multi-use pavilion structure to be used primarily for special events such as the farmers' market, food truck festivals, car shows, and much more. The construction and location of the pavilion structure will not remove or interfere with parking. Also, the CUP will allow alcohol sales and consumption at the events subject to approval from the City Manager. Creating a multi-use event space would be consistent with the land use pattern for this area. Background A. Property Description: The property is located on the southwest corner of Highway 111 and El Paseo, and north of Painters Path. The site consists of four (4) separate buildings, two (2) restaurants, Palm Springs Art Museum in Palm Desert, and Palm Desert Area Chamber of Commerce. The parking was installed at four (4) parking spaces per 1,000 square feet and is shared parking throughout the site. Staff Report CUP 16-25 Pavilion at Entrada Page 2 of 3 March 15, 2016 B. General Plan Designation and Zoning: The property is designated Office Professional (C-OP) in the General Plan and is within the Office Professional (O.P.) zoning district. C. Adjacent Zoning and Land Use: North: P.C.-3, S.P. — Planned Commercial, Scenic Preservation / 111 Town Center Shopping Center and Westfield Mail South: P.R.-6, - Planned Residential / Sandpiper Community East: P.C.-3, S.P. — Planned Commercial, Scenic Preservation /Commercial Uses West: P.C.-3, S.P. — Planned Commercial, Scenic Preservation / Desert Crossing Shopping Center Proiect Description The proposed pavilion structure will be located within the open dirt area between the Palm Desert Area Chamber of Commerce and La Spiga restaurant buildings. The 80-foot diameter structure is octagon in shape with a fabric cover, and is 30 feet in height. The pavilion will include electrical outlets, benches and chairs, minimal desert landscaping, pavers for ground coverage, and a restroom and storage building. The multi-use pavilion structure will be used primarily for special events such as the farmers' market, food truck festivals, bands, car shows, and much more. When special events do not occur, the space will function as an open plaza. Attached to the staff report are three exhibits indicating what a potential site plan would look like for different events. Each special event will be required to complete a Facilities Use Permit (FUP), which is reviewed by staff. The FLIP would include the scope of the event, proposed date(s), hours of operation, number of guests, and if alcohol would be available during the event. All sales or consumption of alcohol requires approval from the City Manager. Analysis The property was approved under a master plan called Entrada del Paseo. The master plan allowed for office uses, restaurants, City's Visitor Center, and open space areas for residents and tourists to enjoy. The use of a multi-use pavilion structure for special events is subject to the review of a CUP to ensure there is adequate parking and land use compatibility with the surrounding businesses and properties. The Findings for Approval have been made and are found in the attached Planning Commission Resolution No. 2666. A. Land Use Compatibility: The site has existing offices, restaurants, and an art museum. The surrounding uses consist of large-scale commercial uses, office uses, and residential uses. The site operates seven days a week between the existing businesses. The pavilion structure will be used primarily during special events. When there are no events scheduled, the space will C:\Users\kswartz\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PJSHH68Z\PC Staff Report CUP 16-25.doc Staff Report CUP 16-25 Pavilion at Entrada Page 3 of 3 March 15, 2016 function as an open plaza where day-to-day people can enjoy. Staff will work with the event operators to make sure that the events do not interfere with the existing businesses and will not create a public nuisance to the adjacent residential homes. Additionally, the proposed use would complement the adjacent uses and will provide an event space within the City for all residents and visitors to enjoy. B. Parking: During the day-to-day operations, staff is unaware of any ongoing parking issues. Over the years, the Palm Springs Art Museum in Palm Desert hosts multiple private and public events. During some of the events, parking has been a concern. During that time, City staff has worked with the Museum, the two existing restaurant owners, and the Chamber on parking concerns. The Museum has worked hard and found alternative parking locations for their guests, and staff will continue to work with all parties. Currently, the Farmers' Market, which would be one of the potential special events, has an event on Wednesdays, and parking has not been a concern. Staff will work with the existing businesses and with the special event operators to make sure that no two events occur at once. Staff believes that there is adequate parking available for the special events, and the use will not create a public nuisance in regards to parking. Environmental Review This project has been reviewed in accordance with the California Environmental Quality Act (CEQA). Staff has found this project to be categorically exempt, under Class 32: In-fill development, of the CEQA. Because of the categorical exemption no further environmental review is necessary. Submitted By: I,(" Jwx� Kevin Swartz, Associate Planner Department Head: Ryan Stendell, Director of Community Development GAPlanningWemn Swartz\Word\CUP'S\CUP 16-25 Pavilion at Entrada\PC Staff Report.doc PLANNING COMMISSION RESOLUTION NO. 2666 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, CONSIDERING ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVAL OF A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT AN 80-FOOT DIAMETER MULTI- USE PAVILION STRUCTURE TO BE USED FOR SPECIAL EVENTS AT THE ENTRADA DEL PASEO PROPERTY LOCATED AT 72-565 HIGHWAY 111 CASE NO: CUP 16-25 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of March, 2016, hold a duly noticed public hearing to consider the request by the City of Palm Desert, for approval of the above noted project request; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, the Director of Community Development has determined that the proposed project request is categorically exempt under Article 19 Section 15332 In-Fill Development Projects (Class 32) of the CEQA; therefore, no further environmental 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, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify the approval of 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 the site is located. The site is located within the Office Professional (O.P.) zoning district. The property was approved under a master plan called Entrada del Paseo. The master plan allowed for office uses, restaurants, City's Visitor Center, and open space areas for residents and tourists to enjoy. The use of a multi-use pavilion structure for special events is subject to the review of a CUP to ensure there is adequate parking and land use compatibility with the surrounding businesses and properties. It can be determined that the approval of this CUP is consistent with the existing surrounding land uses and with the on-site parking demand. The proposed type of business conducted at this site will be compatible with the surrounding businesses and residential homes. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. The proposed conditional use is adjacent to properties with similar land uses including commercial uses. The site, which was improved with buildings and a parking lot, has operated with restaurants, City's Visitor Center, Palm Springs Art Museum in Palm PLANNING COMMISSION RESOLUTION NO. 2666 Desert, and office uses. The proposed pavilion structure and minor site improvements will comply with all building, life safety and environmental standards during construction and continued operations, including: health licensing and fire prevention strategies. All building and site improvements will comply with the Americans with Disabilities Act (ADA).Therefore, the conditional use, will not be detrimental to public health, safety, or welfare, and will enhance surrounding properties rather than detract from them. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The proposed conditional use complies with all applicable development standards for building setbacks and height restrictions, and operational standards contained in the zoning code. Based on the pavilion only being utilized for special events, staff believes that there is adequate parking available, and the use will not create a public nuisance. The proposed use does not require approval of any variances or adjustment. 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 "Office Professional (C-O.P.)." One of the primary objectives stated in the Land Use Element of the General Plan is assigned to lands that provide comparative advantages for office development, with use characteristics that enhance compatibility with residential and other sensitive land uses. Mixed Use development with commercial uses, hotels, professional offices and residential may also be permitted through approval of an integrated master plan. The Office Professional designation sets standards for businesses, which are of low intensity, and are compatible with adjacent residential developments. The property was approved under the master plan Entrada del Paseo and the use of the pavilion structure only being utilized for special events would be an appropriate integration of neighborhood, since it is a low intensity use. Goal 2 of the Commercial Land Use Goals and'Policies states `sa pattern of commercial land uses conveniently and appropriately distributed throughout the City, meeting the community's needs while minimizing the disruption'to or incompatibilities with other land uses."The proposed use would provide a place for residents and visitors to gather a few times a year and would complement the other businesses in the vicinity. The use would be an appropriate integration of neighborhood, residential-serving services within easy walking distance of homes to the south and west. 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 approve the project as proposed, subject to conditions. PLANNING COMMISSION RESOLUTION NO. 2666 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 15th day of March, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN GREENWOOD, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION PLANNING COMMISSION RESOLUTION NO. 2666 CONDITIONS OF APPROVAL CASE NO: CUP 16-25 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, 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 the approved project and all Palm Desert 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 or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the tune of issuance of a building permit for the use contemplated herewith. 4. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. 5. A Facilities Use Permit must be approved for each special event. 6. All alcohol sales and consumption must be approved by the City Manager under the Facilities Use Permit. PUBLIC WORKS DEPARTMENT: 7. Submit a grading plan to the Department of Public Works for review and approval. Any changes to the approved civil or landscape plans must be reviewed for approval prior to work commencing. 8. Identify all proposed and existing utilities on the grading plan. 9. Submit a PM10 application for approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 10. Abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20, Stormwater Management and Discharge Ordinance. PLANNING COMMISSION RESOLUTION NO. 2666 11. Submit a landscape plan concurrently with the precise grading plan for review and approval. Applicants are advised to use the City of Palm Desert Design Guide when designing plans. Landscape plans must meet the following criteria: A. Must be water efficient in design and meet the City of Palm Desert's Water Efficient Landscape Ordinance. B. Planting plans must show location of proposed and existing utilities. C. Must match approved civil plans. D. All specs and details must be site specific. E. Applicants must have CVWD approval of their irrigation plans prior to City approval. F. Applicants must have a stamp or signature from the County Agricultural Commissioner before City approval. BUILDING AND SAFETY DEPARTMENT: 12. This project shall comply with the latest adopted edition of the following codes: A. 2013 California Building Code and its appendices and standards. B. 2013 California Plumbing Code and its appendices and standards. C. 2013 California Mechanical Code and its appendices and standards. D. 2013 California Electrical Code. E. 2013 California Energy Code. F. 2013 California Green Building Standards Code. G. Title 24 California Code of Regulations. H. 2013 California Fire Code and its appendices and standards. 13. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 14. A disabled access overlay of the precise grading plan is required to be submitted to the Department of Building and Safety for plan review of the site accessibility requirements as per 2013 CBC Chapters '11A & B (as applicable) and Chapter 10. 15. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B- 206) 16. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B- 705.1.2.2. 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. 17. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Department of Building and Safety. 18. 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. 19. All contractors and/or owner-builders must submit a valid Certificate of Workers' Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 73-51 o FRED WARING DRIVE PALM DESERT,CALIFORNIA 9 2 2 6 0—2 5 7 8 TEL:76o 346—o6ii FAX:760 341-7098 info@palm-de5ert.org CITY OF PALM DESERT LEGAL NOTICE CUP 16-25 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION TO CONSIDER A CONDITIONAL USE PERMIT FOR A NEW 80-FOOT DIAMETER PAVILION STRUCTURE AT THE ENTRADA DEL PASEO SITE.THE PAVILION WOULD BE LOCATED BETWEEN THE CHAMBER OF COMMERCE AND LA SPIGA BUILDINGS AND WOULD BE USED FOR SPECIAL EVENTS.THE SITE IS LOCATED AT 72565 HIGHWAY 111. Project Description: A Conditional Use Permit (CUP) application has been submitted by the City of Palm Desert. A CUP is required to assure land use compatibility, parking demand, and alcohol sales and consumption. Each special event would have to comply with the conditions of approval. / -4r _ar i,i e,✓ 11 r Tt Recommendation: Staff is recommending approval of the pavilion structure since there is adequate parking and other commercial uses within the area. Public Hearing:The public hearing will be held before the Planning Commission on March 15, 2016, at 6:00 p.m. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period on this project is from March 4,to March 15, 2016. Public Review: The Conditional Use Permit and related documents are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing.All comments and any questions should be directed to: Kevin Swartz,Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760)346-0611 kswartz@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary MARCH 4, 2016 Palm Desert Planning Commission �E IN Vl N N C to; O O p a u a a � z o ° •r•I � z z � r•i o a r z Q a« o Q m a u ■ <mEy om'O om° =2 a E ° _P E c 4 E u u o .� � ° o ° > ° ! > o ct— o'� ° a � 'd �E � ^a A � r-1 14 'e Y ra o 38 N x W I g O I N O I o I E I w ' ® b W i i i m U 5 CD � x lit m O p ° m E y YPVLL o u � Cl) ry Q 4-1 U 5 2 H ry W p O IY V) co S i L 04 AA C a 04 � ,4, / f e xJ O � f � i J q®Mq 31YO 11WliY�Q� R911 � � � U.W W Q 0 w w " Mon nova wove {{ $ g U Y a u aa�lmrrKaardn+�vaoaaaa .us... I SS v 6 3 � fp A11ei1�W�i11 W�iVfNOuYJi�tliaNC�Mid3YMl DIY C Q 4w �d 6 tyON Z d� LL a wZ y w r � zaowa w Sw i Q kuzi 1 aarawm 03 m 9 0 v � ; C? >'. LU rn{ ED wUj u� LO s s + f I T i kf LL� Wi 4 m zi wI �a m »Q r !! �a5 S O C O Z p,a— z IL .o-os z 4 o UA w a .0-IM .o:re >U �° O O o a w C U r-1 ~ Y � p �O d O '. e a a -€ _ o= o LL U e m b �E A d a C S 2 W I S , \ o R r z �. 1 4. ZAN / ......_.._ �o oe� ti Y <L 2 8 b Q , n 0 - a o ......__._. ovY� 0 C/) " >V) o N x W a O_ N FTT-ILL "IRAi� V e: O w n A;Q d a' €� rn a g � 5., w I 0 0 $ I � 00 O I - o � �\ o � E i LI L3 i / p 1 / 1 i P i r.e o� AN�a % 2 8 e a 0 U � O d � 0. a = ITT LL ° ro a d a g w I 0 o g V o I o I \ SI i i / G 2 F b e