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2017-07-18 PC Regular Meeting Agenda Packet
CITY OF PALM DESERT REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION AGENDA TUESDAY, JULY 18, 2017 COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER— 5:00 P.M. II. ROLL CALL III. ORAL COMMUNICATIONS —A (CLOSED SESSION ITEM) 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. IV. ADJOURN TO CLOSED SESSION REQUEST FOR CLOSED SESSION A. Conference with Legal Counsel regarding Threat to Public Services or Facilities pursuant to Government Code Section 54957(a): Consultation with Lt. Coby Webb, Assistant Chief of Police, Palm Desert Police Department/Riverside County Sheriff's Department. V. RECONVENE REGULAR MEETING — 6:00 P.M. A. REPORT on action from Closed Session. Action: VI. PLEDGE OF ALLEGIANCE AGENDA REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION JULY 18, 2017 VII. SUMMARY OF COUNCIL ACTION Vlll. ORAL COMMUNICATIONS — B 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 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, (760) 346-0611, Extension 484. IV. 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 X CONSENT ITEMS HELD OVER OF THE AGENDA. A. MINUTES of the Regular Planning Commission meeting of June 20, 2017. Rec: Approve as presented. Action: B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application to adjust a shared lot line at Cahuilla Falls and Andreas Canyon Drive (APNs 652-130-044 and 652-300-021. Case No. PMW 17-104 (Steve Bruggeman, Palm Desert, California, Applicant). Rec: By Minute Motion, approve Case No. PMW 17-104. Action: 2 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2 MAgenda\7-18-17 agn.docx AGENDA REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION JULY 18, 2017 C. REQUEST FOR CONSIDERATION to approve a one-year time extension for Precise Plan/Conditional Use Permit 06-03 and Tentative Parcel Map 34437 to subdivide a 6.1-acre site into 13 parcels at 75-300 Gerald Ford Drive. Case Nos. TT 34437 and PP/CUP 06-03 (Gerald Ford Business Park, LLC., Palm Desert, California, Applicant). Rec: By Minute Motion, approve a one-year time extension for Case Nos. PP/CUP 06-03 and TT 34437 until August 24, 2018. X. CONSENT ITEMS HELD OVER XI. NEW BUSINESS None XII. 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 to approve a Conditional Use Permit to operate a kennel-free doggy daycare/overnight boarding and grooming facility within an existing 2,769-square-foot office building located at 74330 Alessandro Drive. Case No. CUP 17-089 (The Village Pup, LLC, La Quinta, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2698, approving Case No. CUP 17-089. Action: B. REQUEST FOR CONSIDERATION to approve a Conditional Use Permit to operate a car dealership and allow Palm Desert Auto Sales to display automobiles outdoors within a shared parking lot located at 41700 Corporate Way, Suite A. Case No. CUP 17-022 (Palm Desert Auto Sales, Palm Desert, California, Applicant). Rec: To continue Case No. CUP 17-022 to a date uncertain. Action: 3 \\srv-f12k3\groups\Planning\Monica OReilly\Planning Comm ission\2017Wgenda\7-18-17 agn.docx AGENDA REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION JULY 18, 2017 C. REQUEST FOR CONSIDERATION to approve a Conditional Use Permit to operate a car dealership and allow Palm Desert Auto Sales to display seven (7) automobiles outdoors within its parking lot for sale purposes located at 74725 Joni Drive. Case No. CUP 17-042 (Palm Desert Auto Sales, Palm Desert, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2702, approving Case No. CUP 17-042. Action: XIII. MISCELLANEOUS None XIV. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION XV. COMMENTS XVI. 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 14'h day of July 2017. 4/ /Y. zo we nic 'Reilly, Recording S retary 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. 4 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Agenda\7-18-17 agn.docx CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, JUNE 20, 2017 - 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALMF;,SERT, CA 92260 k HX�I„ ri { I. CALL TO ORDER Chair Nancy DeLuna called the meeting to,oM, ' r at 6:12 p.ftt, II. ROLL CALL k y Present: Absent:-:",,: Commissioner John Greene ' Commissioner Ron Gregory Commissioner Lindsay Holt Vice Chair Joseph Pradettofi { Chair Nancy DeLuna 4 . Staff Present : { Jill Tremblay,- Y it Attorn � Eric Ceja, Prin al Pl# � Ke711"I S artz, As96pi lanrt�r 7 f MttaCeilly, Adnistrative Secre ary III PLEDGE OF ALt. GIANF Char,DeLuna led th`e Pledge of Allegiance. IV. SUMA# Y OF C�pICIL ACTION Mr. Eric C6[ principal Planner, summarized pertinent June 8, 2017, City Council actions. V. ORAL COMMUNICATIONS None PRELININARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2017 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of June 6, 2017. Rec: Approve as presented. Upon a motion by Commissioner Greenwood, second by Commissioner Holt, and a 4-0-1 vote of the Planning Commission, the Consent Calendar was approved as corrected (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: None; ABSENT: Gregory). VII. CONSENT ITEMS HELD OVER None k FrY S VIII. NEW BUSINESS r None o IX. PUBLIC HEARINGS A. REQUEST FOR CONSID F ATI`NjQ appro���p Conditional Use Permit to operate a kennel-free doggy:'n ar` 6"",6r jght b ia_ ding and grooming facility within an ex,istioq 2,769-s01q,pre7fp'ti o n wilding located at 74-330 Alessandro 106 i� No. C� 1 -089 (T i `�/illage Pup, LLC, La Quinta, California,'Applicant) w�4 Mr. Kevin S�u.��, As �Eml, nner, ���ommended that this item be continued to the next scht �nrr pion meeting of July 18. The reason for the® Nance ista to an errorthe legal notice that was mailed out. Staff Dosed fhtfe Gk� open the public hearing in case there is someone in attendance wF , rOulc to speak on this item, and cannot attend the meeting cif July 18. �. Chair Debra declaredie public hearing open and invited public testimony FAVORING;t, O.PPOSIN,his matter. MR. 0R14i EINSTEIN, Palm Desert, California, stated that he met a gentleman ouide in the parking lot that drove here from Los Angeles. He was told that there was no public hearing so the gentleman left. Chair DeLuna asked Mr. Weinstein if the gentleman was attending the meeting for the item pertaining to the doggy daycare. MR. WEINSTEIN replied that is correct. 2 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\6-20-17.docx PRELININARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2017 Chair DeLuna remarked that if the subject matter is continued, there will be a public hearing on July 18. MR. WEINSTEIN clarified that the gentleman not being present tonight will not eliminate him from speaking at the July 18 meeting. Chair DeLuna replied that is correct. With no further testimony offered, Chair DeLuna declared the public hearing closed. Vice Chair Pradetto moved to, By Minute Motion, co ttfue Case No. CUP 17-089 to July 18. Motion was seconded by Commissioner GrN ;od and carried by a 4-0-1 vote (AYES: DeLuna, Greenwood, Holt, and Prao; NOES: None; ABSENT: Gregory). B. REQUEST FOR CONSIDERATION0' f 9 recommendation to the City Council for the construction of a 412- apartme�t� project with a clubhouse, recreational amenities, and roadway rove bf' and a Mitigated Negative Declaration in accordance with the Ca��itrvt, �vironmental Quality Act for an undeveloped 18-acre par JXII ted on thE: south side of Hovley Lane East, east of Portola Aven -394 (Lee Newell, Walnut Creek, California, Applicant} , �_ , Mr. Ceja recom ttG that thj lay Ce (1111 ission continue this item to a date uncertain,Fl Con received many letters from surrounding w developme fat are o used to ,proposed project. In addition, staff asked that the aA ant updat eir Mitig�td Negative Declaration to reference the adopted Ger Planntinuan pf this item would allow the appropriate amount of tim5,6r, 1t P bate the documents. It would also allow ti to r � the environ`�ental documents and send out a new notice f�5le next�dtlic h Chair DeLuna u � rstoohat she could open the public hearing for public comments. Howeve ljrj the Manning Commission will not discuss or respond to anj/ iments. She' sked if that is correct. 31, Mr. C � lie `at is correct. He noted that not only is the public able to comment t the public will have an opportunity to comment at the next public hearin Chair DeLuna declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. RICK MORAN, Canterra Apartments, Palm Springs, California, stated that Canterra Apartments (Canterra) would be negatively impacted by the proposed 412-unit apartment project. He said the project is over scale, overly dense, and 3 G\Planning\Monica OReilly\Planning Commission\2017\Minutes\6-20-17.docx PRELININARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2017 overly tall. The project would take away the mountain views from most of their tenants that are adjacent to the project. He said that the height of Canterra is 24 feet. He noted that the two-story units for this project have elements that go up to 34 feet and the three-story units go up to 39 feet. Mr. Moran stated that five of the eight three-story units are along Canterra's property line, which would cut out the mountain views. He expressed that people will lose their views and privacy; the project will impact traffic and overcrowd the nearby elementary school. MR. STEVEN SMITH, Palm Desert, California, stated that he is opposed to the scale and size of the proposed project. He said that hxhad no idea this meeting was taking place tonight until he found out throui neighbor. He also said many property owners in Venezia are part time sdents and others are on vacation. They did not know about this meeting sde sted that this item be delayed so other property owners have an oortunity to expfess their concerns. MR. TRAVIS VAN LIGHTEN, Ruta ¢ & Tucker, LLP, on beh If.. of Canterra, thanked the Planning Commission an tall for the�cpnside ration t .continue the proposed project and the content of a P r the� 1afce sent to the City of Palm Desert. He looked forward to reviewing is and the proposals from the applicant. Mr. Van Lighten quest are given enough time to adequately review any of th6tnal docums that might come forward. For a project of this magnitude and vitiiny resift in an uproar, it deserves a thorough vetting and review frorrtboth tf�� Inmg Commission and staff. MS. PATTI K/ N' E Palm f s rt, California, communicated that she purchased time in Vezia abot five years ago with the intent of retiring in Palm Deseithey have -beautiful �w from the back of their property, which is right against prop p ,'_,ct SHO voiced her concern that there is a zero setback and a �et4 we`o'a garage in her backyard. Additionally, th e 016f sand that would need to be moved. The dust will create r�rtonmentssuehich would affect all of the residents in Venezia. She mows there arx itiga in place, but they need to go above and beyond the litigations. Sec©fly, th �tonsity is an issue and she hoped that scaling the J, .,; pr t back is con red. She noted that there are three concessions; however, she s see a co ;ssion for the zero lot line. It is a fourth concession, which she do6ot seeie staff report. t MS. DIANE� NHL, Palm Desert, California, said that she would piggyback on what others a said. She voiced that she and her neighbors are very upset in which the proposed project has been handled and not communicated to the residents. She felt that their trust for the city and the people that represent them has not been honored. Increasing the density of the development would create significant traffic problems and would adversely affect their health due to the school traffic that is backed up twice a day. In addition, three-story buildings in a residential area are not appropriate. She noted that there are no residential communities in Palm Desert that have three-story buildings and they do not want 4 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\6-20-17.docx PRELININARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2017 to be the first community. It is not fair and residents in the area felt that they have not been taken into consideration. Ms. Wohl commented that they moved into Venezia as retirees because of the peace, the quiet, the lack of traffic, and for health reasons. They also object to the setback and parking variances being proposed, which they did not know about until a few days before the meeting. Last she quoted the words from the Code Compliance website page, ". . ensures that all of the City's neighborhoods are consistent with community standards. . . Recognizing the importance of protecting Palm Desert's wonderful quality of life." She stated that she would like the city to do, ust that. �h. Yy MR DAVID VIDULICH, Palm Desert, California, statl'that the proposed project was originally approved for 308 units, which th igh-density project that would create more traffic. He voiced th nt is changing the project to three-story buildings and 41 units. He pd if there is an Environmental Impact Report on the p d '� Chair DeLuna responded that the R!"if ning Com pi, fission is note r sponding to questions, they are only receiving comm I th1s spy tying. 41 MR. VIDULICH remarked t t, environmer l studies should be looked into because the project is too the parcel a for the people that live in the area. He stated he was not nt ifiect ublic ". ng. He found out about the meeting through one of his nei fj, ors a I that wnot right. He commented that he is not wered so muc� with11111, e believed that when you purchase a lotu � buy itrew lot. M'r= /idulich said fire codes could possibly nod hb met wit o muc� ensity and no setbacks. He stated there should be mq e environ tal stud ie,'"done and residents need to be notified of the public he( gs. � MF t �t ,WEf IN, Palm Desert, California, stated that he is the vice dent far they ezia homeowners' association (HOA). He had the � ,.. " � c oportunity to t,pet trepresentative for the proposed project. During the presentation to the HOA, he believed that some of the items the representative ;A ussed were glar ed over, which are now being brought to light. He noted that he � his wife dr e in from Scottsdale, Arizona, to attend this meeting. He is concerr� i that throject would hurt the value of his property. He has been living in V nez f 14 years, and his expectation for his property is that the value increa$ .They will no longer have a quiet neighborhood and there will be dust. He stated that the city is not going to pay a cleaning crew to clean each one of their homes. He voiced that he wants the Planning Commission to think about that since he has been paying taxes in Palm Desert for 14 years. All the residents in their community pay taxes and they all should be heard. He hoped they all come to an amicable decision on moving forward and thanked the Planning Commission for their time. 5 G:\Planning\Monica OReilly\Planning Commission\2017\Minutes\6-20-17.docx PRELININARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2017 MS. DIANA ALTORFER, Palm Desert, California, stated that she is married to the Venezia HOA chairman. Her husband was told earlier in the day that the meeting was cancelled. She said she was on the phone for 30 minutes to let people know the meeting was cancelled and the proposed project was off the table. However, they found out that the project is not off the table. She expressed that there were people prepared to talk, who may not be available for the next meeting, are not present tonight to comment. She voiced that the communication for this project has been bad. Residents in the area did not know of the increased density and that it would allow variables. She said they moved to Palm Desert 14 years ago from Connecticut. They bought the house w.,""' there were no model homes and bought the home with trust in the comity. Ms. Altorfer mentioned that her husband had seen the presentation, __ s planning to give the presentation to the community. It had been a rr � sin t chairman received the presentation. They did not have ti t introduc hn e project to the community because they had a board motth scheduled fob June 21. She said she blasted a newsletter to the commpn`t ,",vith the little inform' n she had, and thanked her friends at Canterra wha re able t Apply her wit ctures and information. She stated that Ms. McNar,�curr1 ®REs a view of the-mountains; however, she will have a view of a 13 fb0swollf the project is approved. Ms. Altorfer voiced that these ��,tie things th ople need to know about. She was very disappointed on how,11, prpcess wor Palm Desert. MS. TAMMY VILLARINNO, Coma Def , rCalifor � , communicated that she manages Canterra e stated project will have a negative impact on theirfd � ,� he asstt 'that the additional units (306 units to 412 units) are f use the�4 plicant day have agreed to additional affordable }YYc�S x housing, w gives th a density bonus. She noted that Canterra has moderate h` pg tha � ,11 ire it 019. She stated that the three-story ug � buildings will i ��� tterra residents on the west side. She said tf� iew iums on un `'with those views and that those will be r mated e ppt. She also said there will be dust and noise for the �sidents durin3Qnstrutln of the project. x :. With no f bier testimonyfered, chair DeLuna declared the public hearing closed. Vice ripr Prado, asked staff how the residents would be notified and incorporad �nre discussions. Mr. Ceja expI"' ed that staff notified property owners who were within 300 feet of the project. He stated that some owners were not notified because they were not within the 300 feet of the project. He noted that he received a lot of emails from property owners. As long as he has email addresses, he would be able to notify residents of the next public hearing. Vice Chair Pradetto addressed the audience and asked them to share the information with their neighbors. 6 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\6-20-17.docx PRELININARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2017 Commissioner Greenwood moved to, By Minute Motion, continue Case No. DA/PP/EA 16-394 to a date uncertain. Motion was seconded by Vice Chair Pradetto and carried by a 4-0-1 vote (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: None; ABSENT: Gregory). Chair DeLuna thanked everyone in the audience for attending the meeting. C. REQUEST FOR CONSIDERATION of a recommendation to the City Council for approval of a Comprehensive Zoning Ordinance Amendment to Chapters 25.02, 25.04, 25.10, 25.16, 25.22, and 25.28 of �"City's Zoning Map for consistency with the adopted General Plan. as., ZOA/CZ 17-105 (City of Palm Desert, California, Applicant). Mr. Ceja outlined the salient points in the stiff. report (sta ort is available at www.cityofpalmdesert.or9l1- Commissioner Greenwood interjectedra�#d asked wit the density"rtiq for PR-22 is. oS l Mr. Ceja replied PR-22 is PI t d Residenti � R), 22 dwelling units per acre. � g�� Commissioner Greenwood inbred rf� zone vvo ��l}always be followed by the ratio throughout all the maps Mr. Ceja resp in" r ere is s� t �exibility in the PR zones. Staff identified the max den�i�s for P nes on t map. He continued with his presentation, and noted staff onl dated sroning sections. He stated that staff will v4s'S� Apr t} come back e PI a .ommis b,n for other sections that need to be updated. Staff ,"being considered are the most impacted by�r`ovaI t r � ral and recomrr� rs the Planning Commission recommend o# �ity �cil. He offered to answer any questions. Vie Chair Pradtnentr ��1 that on page 04-3, Table 25.04-1: Zoning Districts o'er Overlay Di1� ts, stilf lists Mixed-Use Overlay and asked if it should be rerd1610d. Mr. h,� Mixed-Use Overly should be removed. Commissione indsay Holt understood that they would go through this process again with additional chapters. For future chapter amendments, she asked if they could receive a redline version of the text changes. Mr. Ceja replied absolutely. 7 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\6-20-17.docx PRELININARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2017 Commissioner Holt asked if an additional review of the California Environmental Quality Act (CEQA) is not needed since staff is bringing the Zoning Ordinance into compliance with the General Plan. Mr. Ceja responded that is correct. It was determined that changes to the Zoning Ordinance and Zoning Map were made to be consistent with the General Plan. The Environmental Impact Report was sufficiently reviewed as part of the General Plan Update. Vice Chair Pradetto referred to page 10-12, Item No ,- fie asked if the General Plan has engineering requirements for private . rd construction, or is it specifically outlined in the Zoning Ordinances } - Mr. Ceja responded that it is specifically a �jned in thetng Ordinance. He noted that it is an existing section of the Zjp g Ordinance that was not changed. Chair DeLuna declared the public hea open alr invited testimony FAVORING or OPPOSING this matter. With no testimony offered, Chair De a declaredYublic hearing closed. Vice Chair Pradetto movesl, e d v1ifurther + �ding and adopt Planning '711111Commission Resolution No. 2700, re men cJrgto ouncil approval for Case No. ZOA/CZ 17-105. Mot vv was seconded .f or�. oner Greenwood and carried by a 4-0-1 vote (AIG � Oe� a, Greprobd, Holt; and Pradetto; NOES: None; ABSENT: Gregory AI k , 0 ; 7� xF X. MISCELLAIE3US Nose yy } ff XI OOMMITTEE I TINd jPDATES A *ART IN PUBLIC�j,LACES Comr6f, ner H ported that the Art in Public Places Commission (AIPP) discuss o enance contract for the City's 60 plus pieces of art. It was mentioned� i " City Council approved to return the art fees to Venus de Fido for the art piece they installed at their site. The AIPP added an artist to the City's registry, and approved to accept proposals for the painting of two traffic boxes. B. PARKS & RECREATION None 8 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\6-20-17.docx PRELININARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2017 XII. COMMENTS Chair DeLuna thanked the Sheriff's Department for being responsive. For the forthcoming 412-unit apartment project, Commissioner Greenwood asked if they could get the agenda packet or the CEQA document earlier so the Commission has time to review the documents and be prepared for the next meeting. Mr. Ceja replied yes. � XIII. ADJOURNMENT With the Planning Commission concurrer , Chair Dena adjourned the meeting at 7:05 p.m. 42 4111 NANCY Dy NA, CHAIR ATTEST: ` IK" % ' ,. " xA, RYAN STENDELL r WRETA < ! PALM DESERT P(,LIINING CO ISSION�, ,h x Is fi+..< MONIQ I�EIL ;��',�RfCdq ING SECRETARY % S a ;2f 9 WPlanning\Monica OReilly\Planning Commission\2017\Minutes\6-20-17.docx CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: RYAN STENDELL, DIRECTOR OF COMMUNITY DEVELOPMENT From: RON MORENO, CITY SURVEYOR Date: June 19, 2017 Subject: PARCEL MAP WAIVER NO. 17-104 The above-referenced parcel map waiver has been reviewed by the Engineering Division of the Public Works Department and found to be technically correct. Please schedule for Planning Commission action as soon as possible. PMW 17-104: Applicant: Steve Bruggeman 185 Kiva Drive Palm Desert CA 92260 Property Owner: Steve Bruggeman 185 Kiva Drive Palm Desert CA 92260 Representative: RCE Consultants 24422 Avenida De La Carlota, Suite 300 Laguna Hills, CA 92653 ------ ��---- -- -_- �.oreno Ron , PE, S. CITY SURVEYO 4d City of Palm Desert /Department of Community Development PARCEL MAP WAIVER 73-510 Fred Waring Drive• Palm Desert• California • 92260 • (760) 346-0611 . Fax(760) 776-6417 Applicant: Steve Bruggeman Telephone: (XXX)XXX-XXXX Mailing Address: 185 KIVA DRIVE Fax number: City: PALM DESERT State: CA Zip: 92260 Email: STEVE.GR000EMAN@CATPUMPS.COM Property Owner: Steve Bruggeman Telephone: (XXX) XXX-XXXX Mailing Address: 185 KIVA DRIVE Fax number: City: PALM DESERT State: CA Zip: 92260 Email: STEVE.GRUGGEMAN@CATPUMPS.COM Representative: RCE CONSULTANTS, INC. Telephone: 949.453.0111 X110 Mailing Address: 24422 AVENIDA DE LA CARLOTA, SUITE 300 Fax number: City: LAGUNA HILLS State: CA Zip: 92653 Email: VILLIG@RCECONSULT.COM Please send correspondence to(check one): Applicant Property Owner X Representative Project Address( V-1 4' ) 6 Assessor Parcel Number(s): 652-300-021 Any��� ��� vn Existing Zoning: P.R.-7 General Plan Designation: R-L Project Request(describe specific nature of approval request): ADJUST THE SHARED LOT LINE BETWEEN LOT 16 OF TRACT 25269-6 AND LOT D OF TRACT 25269-7 Property Owner Authorization: The undersigned states that they are the owner(s) of the property described and herein e a rization for the filing of the application. ature Print Name Date Applicant / Representative Signature: By signing this application I certify that the information provided is accurate. I unders ' d th t e City might not approve what I am applying for and/or might require conditions of app val. Signature Print Name Date Property Owner Authorization: Agreement absolving the City of Palm Desert of all liabilities relative to any deed :re strictions 4 DO BY MY SIGNATURE ON THIS AGREEMENT absolves the City of Palm Desert of all liabilities gardin �y dee estrictions that may be applicable to the property described herein. — gnature Print Name Date OFFICE USE ONLY PROJECT NO: PMW � ) I b c� DATE: 6 — I — 17 ACCEPTED BY: S •k 9p EXHIBIT "A" P.M.W. 17-104 LEGAL DESCRIPTION PARCEL A(ADJUSTED LOT 16, TRACT MAP NO. 25296-6) LOT 16 OF TRACT MAP NO. 25296-6, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 295, PAGES 18 THROUGH 25, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF LOT "D" OF TRACT MAP NO. 25296-7 AS SHOWN BY MAP ON FILE IN BOOK 300, PAGES 14 THROUGH 23, OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 16; THENCE ALONG THE WESTERLY LINE OF SAID LOT 16, THE FOLLOWING 2 COURSES: 1) NORTH 15°15'00" EAST, 106.13 FEET; 2) NORTH 14°15'00"WEST, 38.93 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 16; THENCE ALONG THE SOUTHWESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 16. SOUTH 60032'36" WEST, 12.80 FEET; THENCE LEAVING SAID PROLONGATION, SOUTH 21°26'52" WEST, 74.68 FEET; THENCE SOUTH 17°22'08" EAST, 67.40 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 26,009 SQUARE FEET OR 0.597 ACRES, MORE OR LESS. ALL AS SHOWN ON EXHIBIT"B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURV YORS'ACT. • _��� i-A N D SGP J. MARTY SMITH o J TI /�J.�M�A�RT� MITH, P.L.S.8070 DATE PREPARED: 06/15/2017 s� 8070 9TF OF C A\-\E EXHIBIT"A"-Page 1 of 2 J:\OCOJobs\15510 RCE Bighorn LLA\Office\Legals\LLA\1551011a_PCL A_(adj lot 16).docx Towill,Inc.•888 W.Town and Country Road•Orange•California•92868-4712.949,261.1900•949.261.1905 fax www.towill.com : 1 EXHIBIT "A" P.M.W. 17-104 LEGAL DESCRIPTION TRANSFER AREA(FROM LOT"D", TRACT NO. 25296-7 TO LOT 16, TRACT NO. 25296-6) THAT PORTION OF LOT "D" OF TRACT MAP NO. 25296-7 AS SHOWN BY MAP ON FILE IN BOOK 300, PAGES 14 THROUGH 23, OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 16; THENCE ALONG THE WESTERLY LINE OF SAID LOT 16, THE FOLLOWING 2 COURSES: 1) NORTH 15°15'00" EAST, 106.13 FEET; 2) NORTH 14-15-00"WEST, 38.93 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 16; THENCE ALONG THE SOUTHWESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 16, SOUTH 60032'36" WEST, 12.80 FEET; THENCE LEAVING SAID PROLONGATION, SOUTH 21°26'52" WEST, 74.68 FEET; THENCE SOUTH 17°22'08" EAST, 67.40 FEET TO THE POINT OF BEGINNING, THE ABOVE DESCRIBED TRANSFER PARCEL CONTAINS 3,318 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT"B",ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURV YORS'ACT. • _��� t A N D v J. MARTY F� SMITH o J O J. MAR SMITH, P.L.S. 8070 DATE PREPARED: 06/13/2017 e0�� 9T�,OF CA\\FOB EXHIBIT"A"-Page 2 of 2 J:\OCOJobs\15510 RCE Bighorn LLA\Office\Legals\LLA\15510IIa_PCL A_(adj lot 16).docx Towidl.Inc.•888 W.Town and Country Road•Orange•California•92868-4712•949,261 1900•949261.1905 fax www.towill.com EXHIBIT B SHEET 1 OF 3 P.M.W. 17- 104 J L ` ` SEE SHEET 2 PARCEL A N LOT 16 �, _—_- TRACT 25296-6 SCALE / ,ram' ���� O B 295/18-25 A B _ r o� B . C � � �,� NOTE D C � SEE SHEET 3 OF 3 FOR p EASEMENT NOTES. o � Ln N 1 SAND LEGEND S \ \ co �� ADJUSTED LINE J.MARTY � ——————— REMOVED LINE SMITH AFFECTED PROPERTY ADJACENT PROPERTY o ------------------ EASEMENTS 8070co i 9TF � OF CPL�FO LOT "D", TR 25296-7, MB 300/14-23 CAHUILLA FALLS 652-130-044 LOT 16. TR 25296-6. MB 295/18-25 ANDREAS CANYON DRIVE 652-300-021 U a LOT NUMBERS STREET NAMES A.P. NUMBERS a ADJUSTMENT PLAT — CITY OF PALM DESERT U O o PREPARED BY: APPLICANT: APPROVED BY: 0 TOWILL, INC. BIGHORN DEVELOPMENT, LLC 888 W. TOWN AND COUNTRY ROAD 255 PALOWET DRIVE T ORANG CA 9 8 PALM DESERT, CA 92260 R ORENO, PLS 7933 CITY SURVEYOR 15 2017 DATE: /7 EXHIBIT »B» SHEET 2 OF 3 P.M.W. 17- 104 LOT 15 N�4 \ v TF;A07 25296-6 �cr oo \ ` N co p'p' CID NW'LY CORNER , �6F- 1p5 IPRGII "� m I OF LOT 16110 3 o cLOT 18 F 11 N v CQ Cc Tr',AO r 2�20��0 1` 1 co v+ 1 Q 12El- .80' E F JVIB 295118 25 �1 1 '1 N o 1 � E 10' N14'15'00"W 38.93' PARCEL A N86'14'50"E (RAD) hN �Q `5 (AREA = 0.597t ACRES k �y Qco L)`\,/ ^� ,cam, / LOT LINES TO BE REMOVED N Ln 5 I � /o F E 3 l o 0 w, / 1 I LET 17 1 P.O.B. - TFiAOT 2�20U�U I MOST S'LY NIB 295118-25 I CORNER OF LOT 16 o � 1 a LEGEND / 0 N ADJUSTED LINE —————— REMOVED LINE NOTE 40' 0' 20' 40' AFFECTED PROPERTY SEE SHEET 3 OF 3 FOR ADJACENT PROPERTY EASEMENT NOTES. ------------------ EASEMENTS % SCALE: 1" = 40' EXHIBIT 991399 SHEET 3 OF 3 P.M.W. 17- 104 EASEMENT NOTES A INDICATES EASEMENT TO THE CITY OF PALM DESERT FOR WATER AND ACCESS EASEMENT FOR EMERGENCY VEHICULAR ACCESS PURPOSES PER MAP OF TRACT 25296-7, MB 300/14-23. B� INDICATES EASEMENT TO THE COACHELLA VALLEY WATER DISTRICT FOR DOMESTIC WATER AND/OR SANITARY SEWER PURPOSES PER MAP OF TRACT 25296-7, MB 300/14-23. c] INDICATES EASEMENT RESERVATION FOR STORM DRAIN PURPOSES PER MAP OF TRACT 25296-7, MB 300/14-23. D❑ INDICATES EASEMENT TO VERIZON CALIFORNIA, INC. FOR PUBLIC UTILITIES PER DOCUMENT RECORDED 02/20/2001, AS INSTRUMENT NO. 2001-066464 OF OFFICIAL RECORDS. E� INDICATES EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR UNDERGROUND ELECTRICAL SUPPLY SYSTEMS PER DOCUMENT RECORDED 09/01/2000, AS INSTRUMENT NO. 2000-343995 OF OFFICIAL RECORDS. 0 N F� INDICATES EASEMENT TO GTE CALIFORNIA INCORPORATED, A CORPORATION, FOR THE TRANSMISSION OF ELECTRIC ENERGY AND OTHER PURPOSES PER THE DOCUMENT RECORDED 12/21/2001, AS INSTRUMENT NO. 2001-635829 OF OFFICIAL RECORDS. ZD 0 J 0 m Q a v 0 0 / 0 0 0 N 0 N ti U CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION OF APPROVAL OF A ONE-YEAR TIME EXTENSION FOR PRECISE PLAN/CONDITIONAL USE PERMIT 06-03 AND TENTATIVE TRACT MAP 34437 TO SUBDIVIDE A 6.1-ACRE SITE INTO 13 PARCELS KNOWN AS GERALD FORD BUSINESS PARK AT 75-300 GERALD FORD DRIVE SUBMITTED BY: Kevin Swartz, Associate Planner APPLICANT: Ron Schwartz 40004 Cook Street Palm Desert, CA 92211 CASE NOS: PP/CUP 06-03 and TT 34437 - Time Extension No. 2 DATE: July 18, 2017 CONTENTS: Site Plan Recommendation By Minute Motion, approve the applicant's request for a one-year time extension until August 24, 2018, Property Description On August 24, 2006, the Planning Commission approved Precise Plan/Conditional Use Permit 06-03 and Tentative Tract Map 34437 to subdivide 6.1 acres into 13 parcels. The project consists of six (6) buildings totaling 100,500 square feet for retail, restaurants, and office uses. The breakdown is as follows. • Buildings A, C, D, and F are two-story totaling 62,000 square feet for office uses. • Buildings B and E are two-story totaling 18,000 square feet for office and retail uses. • Buildings H, I, J, and K are one-story totaling 16,000 square feet for retail/restaurants. • Building G is one-story totaling 4,500 square feet for retail. The original entitlements expired on August 24, 2008. Prior to the expiration date, Senate Bill 1185 was created and extended tentative tract and parcel maps for an additional one-year validating the entitlements until August 24, 2009. In 2009, the Planning Commission approved a two-year time extension through August 24, 2011. On July 15, 2009, Assembly Bill (AB) 333 was signed into law granting an automatic two-year time extension to tentative tract and parcel maps extending the Staff Report Case Nos. PP/CUP 06-03 and TT 34437 Ext. 2 Page 2 of 2 July 18, 2018 entitlements until August 24, 2013. Shortly after, AB 208 and AB 116 were created each extending maps for two additional years, which extended the project approvals until August 24, 2017. General Plan The General Plan identifies the property as part of the Employment District. The intent of the district is to provide a wide variety of office-intensive activity with limited commercial. Uses would include professional and medical offices and traditional business park. The building height can be up to three (3) stories. The applicant has not changed the original project and staff believes that it still meets the intent of the General Plan. The project, when built, will offer places of employment and ancillary commercial uses that will benefit the current and future residential homes and the University. Staff is recommending a one-year time extension as allowed by Palm Desert Municipal Code Section 26.20.140 "Extensions of Time"and the Subdivision Map Act. If approved, the map will remain in effect until August 24, 2018. If approved, this will be the second time extension granted by the Planning Commission. The applicant has been made aware that he may only get one or two more time extensions. Submitted By: Kevin Swartz, Associate Planner Department Head: fcZ_ Ryan Stemell, Director of Community Development CWsers\kswartz\Desktop\PC-Gerald Ford Business Park Staff Report(Time Ext.1).doc 000000000000000 ® 0000 © 0 _ ''A \ FUTUE D-L-J M 19.E 4 - w rT 77 CD its I _ q 4 �• - ee e l l a--j' ace—xo.Imooma mcr I i J, a r a A s PMIMI Js��avM 1 10 R � m 8 02 € INN-IHMM 1 • m 2 m o c Nv 6 �� 6EflklD �OflD DUSIflESS P�flfl Smith Architects Q 75-300 Gerald Ford Drive (710 Uml nl o Palm Desert,California °�•°�'°- .m CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION TO APPROVE A CONDITIONAL USE PERMIT TO OPERATE A KENNEL-FREE DOGGY DAYCARE/OVERNIGHT BOARDING AND GROOMING FACILITY WITHIN AN EXISTING 2,769- SQUARE-FOOT OFFICE BUILDING LOCATED AT 74330 ALESSANDRO DRIVE SUBMITTED BY: Kevin Swartz, Associate Planner APPLICANT: The Village Pup, LLC 50855 Washington Street, Suite C-232 La Quinta, CA 92253 CASE NO: CUP 17-089 DATE: July 18, 2017 CONTENTS: Draft Planning Commission Resolution No. 2698 Applicant's Statement of Use Legal Notice Letters in Favor and Opposition Exhibits Recommendation Waive further reading and adopt Planning Commission Resolution No. 2698, approving a notice of exemption in accordance with the California Environmental Quality Act (CEQA), and approval to operate a kennel-free doggy daycare/overnight boarding and grooming facility, located at 74330 Alessandro Drive. Executive Summary Approval of staffs recommendation will approve a Conditional Use Permit(CUP)to allow the applicant to operate a kennel-free doggy daycare/overnight boarding and grooming facility. The business will have between 30 and 50 dogs during the day and between 10 and 25 dogs overnight. The current Downtown Edge Transition Overlay zone allows for non-residential uses adjacent to residential homes permitted subject to a CUP. Staff Report Case No. CUP 17-089 Village Pup Page 2 of 4 July 18, 2017 Background A. Property Description: The 9,100 square-foot parcel is located on the northwest corner of Alessandro Drive and Santa Ynez Avenue. On July 16, 1991,the Planning Commission approved CUP 91-11,which allowed the applicant, Maple Leaf Plumbing, Heating and Air Conditioning,to convert an existing four unit apartment complex into a two-story 2,769-square-foot office building.The site provided access off of Alessandro Drive, and a parking lot with ten parking spaces. On January 7, 1992, Maple Leaf Plumbing, Heating and Air Conditioning requested an amendment to the CUP to allow for driveway access on Santa Ynez Avenue. During that public hearing process, the neighbors were opposed and the Planning Commission denied the request. The current applicant(Village Pup)is requesting to leave most of the current site configuration as is. They will be altering the parking lot by removing five parking spaces to accommodate an outdoor yard area.Access from Alessandro Drive remains unchanged. B. Zoning and General Plan Designation: Zone: DE-0 — Downtown Edge Transition Overlay General Plan: D- Downtown C. Adjacent Zoning and Land Use: North: R-1, 13,000— Residential Single Family/ Residential Homes South: DE— Downtown Edge/ Restaurant/Bar, Office and Commercial Uses East: DE-0 — Downtown Edge Transition Overlay/ Office and Commercial Uses West: DE-0 — Downtown Edge Transition Overlay/ Multifamily Apartments Project Description The Village Pup is a kennel-free daycare/overnight boarding and grooming facility, with 24 hour staffing.This will be their second location within the Coachella Valley.They currently have a location in Old Town La Quinta. The daycare hours of operation are from 7:00 a.m. to 6:00 p.m., seven (7)days a week. In season, there will be an average of 30 to 50 dogs during the day.Customer drop-off and pick-up typically takes five minutes per customer.At the La Quinta facility,the applicant states that at one-time they may have two customers arrive at the same time.The overnight boarding will occur indoors and the average is ten(10)to 25 dogs per night.All overnight dogs are brought inside the building at 6:00 p.m.and will be supervised at all times. G:\Planning\Keen Swartz\Word\CUP's\CUP 17-89 Village Pup\PC staff report July 18 Village Pup.doc Staff Report Case No. CUP 17-089 Village Pup Page 3 of 4 July 18, 2017 The business will have eight(8)to ten(10)employees year round.The daily staff consists of three(3) employees working at one-time and the evening staff consists of two(2)to three(3)employees. The existing site has ten(10)parking spaces.The applicant is proposing to create an enclosed 2,500- square-foot outdoor play area adjacent to Santa Ynez Avenue,which will eliminate five parking spaces and existing landscaping.The outdoor yard consists of grass,a mini-pool,and two(2)10'x10'tents for shade. To enclose the yard, the applicant is proposing a 7-foot high block wall, which will be twelve (12)feet from back of curb along Santa Ynez Avenue. The existing driveway access off of Alessandro Drive will remain. The five parking spaces will be designated for employees and customers. The applicant will not alter the exterior of the building other than adding identification signage.Staff has placed a condition that the signs must be non-illuminated because of the proximity to the residential homes. Analysis The existing property is approved for office type uses. The DE-0 zone allows for non-residential uses subject to a CUP. A CUP must be reviewed and approved by the Planning Commission to ensure there is adequate parking and land use compatibility with surrounding properties. The surrounding properties consist of a variety of uses from multifamily units, single-family homes, offices, a massage establishment, a tattoo business, restaurant/bars, and other retail uses. In regards to the proposed 7-foot high block wall, staff is comfortable with the proposed height, but would like to see a combination of block and wrought iron. Staff has placed a condition on the project that the height and design of the wall must be approved by the Architectural Review Commission.The applicant will landscape the areas in front of the wall with shrubs, small trees, D.G., and rocks. Public Hearing notices were mailed to property owners within 300 feet of the subject parcel and placed in The Desert Sun. At the time of writing this report staff has received one correspondence in opposition to the project based on potential noise from barking dogs. A. Land Use Compatibility: The DE-0 zone introduces a transition from smaller retail and office uses adjacent to residential neighborhoods.The existing building has operated as an office use with daily customer trips to the property since 1991.The City has no documentation of complaints from the neighborhood.To the east of the property are two buildings that are used for commercial and office uses. The business operation of seven(7)days a week between the hours of 7:00 a.m.and 6:00 p.m.is compatible with regular business hours.All overnight boarding of the dogs is done indoors starting at 6:00 p.m. so they will not create added noise from barking during the evening hours. The outdoor play area for the dogs will be used in the morning and afternoon times, and backs up to the streets of Santa Ynez Avenue and Alessandro Drive and not a residential home. G:\Planning\Ke,An Swartz\Word\CUP'S\CUP 17-89 Village Pup\PC staff report July 18 Village Pup.doc Staff Report Case No. CUP 17-089 Village Pup Page 4 of 4 July 18, 2017 Typically, boarding facilities are best located within the Service Industrial zone.The site location is near residential units and staff understands the potential noise that 30 to 50 dogs could create. Staff is supporting the use within this location based on the Village Pup's proven track record with being a good neighbor at its La Quinta location. Furthermore, staff has placed a condition that if any noise becomes disturbing, excessive or offensive to the residents in the area and is reported by any eight (8) unrelated persons of normal sensitivity within a year, staff will reconsider the CUP with a new public hearing to the Planning Commission to recommend modifying or revoking the CUP. As conditioned, the project should not physically divide an existing community, and does not conflict with any applicable land use plan, policy, or regulation outlined in the General Plan. B. Parking: Section 25.18.050 Development Standards of the One Eleven Development Code requires non- residential uses within the DE-0 zone to provide three(3)parking spaces per 1,000 square feet. The use will require eight (8) parking spaces. However, the business has three (3) employees working at one-time and customers drop-off and pick-up their dogs and are on-site for approximately five(5)minutes.The existing parking spaces will be sufficient.Additionally,there is public street parking along Alessandro Drive. Staff has placed a condition on the project that no employee or customer shall park along Santa Ynez Avenue.With the operating hours and type of business, staff believes there is adequate on-site parking and street parking along Alessandro Drive. The use will not create a negative parking impact on the adjacent neighborhood. C. Findings of Approval: Findings can be made in support of the project, and in accordance with the City's Municipal Code. Findings in support of this project are contained in the Planning Commission Resolution attached to this staff report. Environmental Review The City of Palm Desert, in its capacity as the Lead Agency for this project under the CEQA, 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. Submitted By: Department Head: f Kevin Swartz, Associate Planner Ryan Stendell, Director of Community Development C,:\Planning\Kevin Swartz\Word\CUP'S\CUP 17-89 Village Pup\PC staff report July 18 Village Pup.doc PLANNING COMMISSION RESOLUTION NO. 2698 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING A CONDITIONAL USE PERMIT (CUP) TO OPERATE A KENNEL-FREE DOGGY DAYCARE/OVERNIGHT BOARDING AND GROOMING FACILITY WITHIN AN EXISTING 2,769- SQUARE-FOOT OFFICE BUILDING LOCATED AT 74-330 ALESSANDRO DRIVE CASE NO: CUP 17-089 ' WHEREAS, the Planning Commission of the City of sert, California, did on the 18th day of July 2017, hold a duly noticed public hearing to, iderithe request by The Village Pup, LLC. for approval of the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, rnia, did on the 20ih dayof June 2017, hold a duly noticed public hearing to consider the Y P 9 It, by The Village Pup, LLC. and continued the above noted;and WHEREAS, according to the California Environmental Quality Act (CEQA), the City must determine whether a proposed ty is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a Iminary assessment of the project to determine whether the project is exempt from CEQA repave If a project is not exempt, further environmental review is necessary. Toe pplicatori� complied with the requirements of the "City of Palm Desert Procedure for Imp( entation ofths" lifornia Environmental Quality Act," Resolution No. 2015-75, in the Directo flCommunity Development has determined that the proposed project is an Article 19 Cla 32: In-Fill Development Projects (15332) Categorical Exemption for purposes of CEQA no further review is necessary; and WHEREAS, the parcel is located-within th+���Downtown Edge Transition Overlay (DE- 0) zone :z"" rict, which allows various types of non-residential uses subject to a nj condition use perrftfl*d; and ,�64WEREAS, at sue_public bearing, upon hearing and considering all testimony and argume if any, of all infested persons desiring to be heard, said Planning Commission did find the lowing facts,` d reasons, which are outlined in the staff report reasons to approve the equest FINDINGS FOR PVAL: 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 Downtown Edge Transition Overlay (DE-O) zoning district. The DE-0 zone allows for non-residential uses subject to a CUP. A CUP must be reviewed and approved by the Planning Commission to ensure there is adequate parking and land use compatibility with surrounding properties. The surrounding properties consist of a variety of uses from multifamily units, single- PLANNING COMMISSION RESOLUTION NO. 2698 family homes, offices, a massage establishment, a tattoo business, restaurant/bars, and other retail uses. It can be determined that the approval of this CUP subject to the attached conditions, is consistent with the existing surrounding land uses and with the on-site parking requirements. The type of activity conducted at the proposed site is a community resource to the public. The site location is near residential units and employment centers and offers a service where residents don't have to drive far to board their dogs. With the proximity of Highway 111, this is an attractive location for this type of use. 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 adjac fo properties with similar zoning designations with residential and comm l uses. The existing office building has been operating since 1991 as a comme iat use. There are no other doggy boarding facilities in the immediate vicinity. The ess op ", " n of seven (7) clays a week between the hours of 7.00 a.m. and 6 0 'm i pafib/e with regular business hours. All overnight boarding of the dogs is ddrne oors starting at 6:00 p.m. so they will not create added noise from barking during evening hours. The outdoor play area for the dogs will be used in;the morning and al woon times, and backs up to the streets of Santa Ynez Avenue and Alessandro Drive � not a residential home. The business should be compatible and not create a negate impact such as noise to the adjacent resid, dditionally, staff believes that there is adequate parking available, and tl� e '»at create a public nuisance in regards to parking. Specific conditions have bee" , placed on the project to meet all applicable requirements of the Zoning?£'i anc�� papject, as mitigated by the conditions of approval, will not be detriments era) ' " health,safety, and welfare or materially injurious to the properties in the ' n►ty. Water, sanitation, public utilities and services are already constructed and ava11 ' throughout the surrounding area. The proposed use will &ly with all building, life safety and environmental standards. The site complies with the Americans with Disabilities Act (ADA). Therefore, the conditional use, will not be detrimental to public health, safety, or welfare. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The existing building and proposed conditional use complies with all applicable development standards for building setbacks and height restrictions, all operational standards contained in the zoning code, and is consistent with the intent of the Zoning Ordinance. The organization operates a service based use that operates throughout the day during normal business hours. The operation hours during the evening occurs indoors. This use will provide a service to the community and does not require approval of any variances or adjustment. G:\Planning\Kevin Swartz\Word\CUP's\CUP 17-89 Village Pup\PC Res 2698.doc PLANNING COMMISSION RESOLUTION NO. 2698 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's general plan. The City's General Plan designates this property as "City Center/Downtown," which allows a variety of civic, cultural, entertainment, retail, restaurants, and other commercial services organized along walkable streetscapes. Staff believes that the business model fits this vision by offering a service close to residents that is not in the area. Also, the General Plan includes a Commercial Core Area Specific Plan that includes properties within the area. The overarching goal of the is Plan is to "maximize project area's potential for high quality economic devel+ arxient compatible with Palm Desert's overall community goals and self-image.' T te.prq� posed use and minor site improvements comply with the Commercial Care Spe Plan as they make a substantial investment into the building. The proposed use is in keeping with the General Plan and t ►e u�sion within the General Plan. The project is consistent with the General Plan ire aspect to the appropriate use at the proposed location. The business is compatible wWurrounding land uses, and is effectively located in a remote area and should not cause any disturbances to adjacent residents. NOW, THEREFORE, BE IT Rf ?L BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNA'.AS OUOWS: 1. That the above recitations are;,true , \ co end constitute the findings for approval of the Planning Commis 'this case. 2. That the Planning Commission do6§ hereby approve CUP 17-089, subject to conditions. �L. P APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Cahfo , at its regular meeting held on the 18t day of July 2017, by the follq* 1-11 vote, to wit: A NOES. ABSENT: ABSTAIN: NANCY DELUNA, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION GAPlanning\Kemn Swartz\Word\CUP's\CUP 17-89 Village Pup\PC Res 2698.doc PLANNING COMMISSION RESOLUTION NO. 2698 CONDITIONS OF APPROVAL CASE NO: CUP 17-089 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 abject to the restrictions and limitations set forth herein, which are in addition to all,- icipal ordinances and state and federal statutes now in force, or which hereafter '" °'be in force. 3. Prior to issuance of a building permit for construction � any use contemplated by this approval, the applicant shall first obtain permits and/or cIea from the following agencies: Building & Safety Department City Fire Marshal Public Works Department Coachella Valley Water District Evidence of said permit or clearance fry the above agencies shall be presented to the Department of Building & Safety at-,, a time of issuance of a building permit for the use contemplated herewith. 4. Applicant shall defend, indemnify andfiarm less` ie City against any third party legal challenge to these approvals, w counsel chosen by the City at applicant's expense. 5. All dogs shall be brought inside the building by 6:00 p.m. and must be supervised at all times 6. Nd e9ployee or customer shall park along Santa Ynez Avenue. 7. If an)(noise becomes disturbing, excessive or offensive to the residents in the area and is reptl by any, eigl ,: ) unrelated persons of normal sensitivity within a year, staff will recon er the Coridd onal Use Permit with a new public hearing to the Planning Commission:#` recomi J d modifying or revoking the Conditional Use Permit. W. 8. The applicant sff' submit a Sign Application to the City's Department of Community Development for any building mounted or monument signs associated with the project. All signs shall be non-illuminated. 9. The height and design of the seven-foot high wall shall be reviewed and approved by the Architectural Review Commission prior to building occupancy. GAPlanning\Kevin Swartz\Word\CUP'S\CUP 17-89 Village Pup\PC Res 2698.doc PLANNING COMMISSION RESOLUTION NO. 2698 10. Final landscape plans shall be submitted to the City's Department of Community Development and the Coachella Valley Water District for review and approval. The landscape plan shall conform to the preliminary landscape plans prepared as part of this application. 11. Building mounted lighting fixtures shall conform to the City's Outdoor Lighting Ordinance. DEPARTMENT OF PUBLIC WORKS: 12.The applicant shall submit a pet waste removal and facility housekeeping program to the Department of Public Works prior to building occupancy. DEPARTMENT OF BUILDING AND SAFETY: 13.This project shall comply with the latest adopted i4on of the following codes: A. 2016 California Building Code and \appendices and standards. :R B. 2016 California Plumbing Code and;its appends and standards. C. 2016 California Mechanical Code and its apdices and standards. D. 2016 California Electrical Code. E. 2016 California Energy Cgde. F. 2016 California Green Bonding Standardse G. 2016 California Administrative Code. H. 2016 California Fire Code and its appendices antandards. 14.Assembly Bill 1732 b ame (effective March 1, 2017 which requires businesses to provide one "si ser toilet ility' which means a toilet facility with no more than one water closet a;i"t%ne urinal ,`� h a locking mechanism controlled by the user to be designated as an; l genderacility. Such facility shall be provided with appropriate signage indicating If. providing separate facilities as part of your project one must be nated as "� fender" and the other can be either male or female. If your project i � ! providing one unisex facility then that facility must have one water closet and one teal and sink and have the appropriate signage stating "All Gender". Health and Safety C60efil18600. 15.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. 16.Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert Municipal Code 1528. Compliance with Ordinance 1265 regarding street address location, dimension, stroke of line, distance from street, height from grade, height from street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1265 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. GAPlanning\Kevin Swartz\Word\CUP's\CUP 17-89 Village Pup\PC Res 2698.doc The Village Pup Statement of Use Mission -to provide a fun, sanitary and safe environment where low energy play integrates mental and physical stimulation allowing Pups to learn and socialize in a stress free environment while empowering community youth to make choices that develop skills that positively impact their future. Vision-The Village Pup will become the best 2nd home for our customers' Pups. Our Model at The Village Pup: 1. Safety- Our healthy low energy play area integrates mental and physical stimulation in a safe environment for the whole pack.Our low energy yard has a zero tolerance for aggression. This policy has led to TVP's track record of no significant incidents in the yard. Pups leave physically exhausted by the end of the day having socialized and learned in a sanitary environment. This environment limits our exposure to sickness. In the years we have been in operation we have not had a sickness spread through the facility. 2. We have well balanced pup care. Pups receive love,affection,and positive reinforcement for all desired behaviors from our outstanding staff. 3. We provide a stress free environment. Both the customer and their pup deserve to enjoy the time spent at TVP. A customer's pup will enjoy socializing with our pack and our customers can enjoy watching their pup on our pup cams. This has led to our completely transparent environment with our customers. 4. We do boarding better. No kennels here! We have family style sleepovers with our 24-hour staff sleeping here with our pack. This provides a stress free environment for the pups while being away from home. We run a kennel-free daycare boarding and grooming facility,with 24 hour staffing. Our daycare hours of operation are 7am-6pm Sunday through Saturday, with an average of 30-50 dogs in daycare daily in season. Boarding average is 10-25 dogs per night in season. These would be the dogs that are in the facility overnight and supervised by Village Pup Staff. The dogs are never left unattended at any time and sleep indoors. We currentl have a staff of 8-10 employees year round. Typically our daily staff consists of S people. A key part of our business is working with our communities at risk youth. The majority of our staff started out in our Youth Volunteer Program and are now full-time long-term employees. They have become amazing young men and women with very bright futures ahead. CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 17-089 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION FOR CONSIDERATION OF A CONDITIONAL USE PERMIT TO OPERATE A KENNEL- FREE DOGGY DAYCARE/OVERNIGHT BOARDING AND GROOMING FACILITY. THE BUSINESS WILL OCCUR WITHIN AN EXISTING 2,769-SQUARE-FOOT BUILDING. THE BUSINESS WILL OPERATE SEVEN DAYS A WEEK BETWEEN THE HOURS OF 7:00 A.M. AND 6:00 P.M. THERE WILL BE 30-50 DOGS DURING THE DAY AND 10-25 DOGS OVERNIGHT. ALL OVERNIGHT DOGS ARE BROUGHT INSIDE BY 6:00 P.M. THE BUSINESS WILL HAVE EMPLOYEES WORKING 24 HOURS A DAY. The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), completed an Initial Study to review the potential environmental impacts of the project and have determined that the proposed request will not have a negative impact on the environment. Project Location: 74330 Alessandro Drive Recommendation: Staff is recommending that the Planning Commission adopt a resolution supporting the project request. Public Hearing: The public hearing will be held before the Planning Commission on July 18, 2017, 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 July 8 to July 18, 2017. Public Review: The project plans 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 73-510 Fred Waring Drive Palm Desert, CA 92260 (760)346-0611 kswartz@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary July 8, 2017 Palm Desert Planning Commission To The City of Palm Desert, Z -�7 1 have lived in the Coachella Valley since 1992 and have always had at least two dogs at a time. I have always wanted a place to take my dogs during the day for their social time but never dreamed of a place as well run, clean and organized as The Village Pup. As soon as you walk in the door your senses say wait, dogs could not possibly be staying here because it smells so nice. The spotless reception area is so welcoming and the dogs coming and going are happy and satisfied. I am so proud to have Village Pup in my neighborhood. I wish there were Village Pups in every city. Sincerely, April 26, 2017 To the City of Palm Desert, My husband (Ken), our 16 lb. Coton de Tulear (Griffen) and I are so pleased to have The Village Pup here in La Quinta. It's convenient, clean and well run. K, Ada and the staff are people friendly and very skilled with dogs of all shapes and sizes. We trusted them so much, that we left Griffen when he was 9 months old in their care for a month. Griffen continues to go for Day Care and Grooming. We wouldn't think to take him anywhere else in the valley. We see the Village Pup as one of the most respected and professional businesses that we support in La Quinta. Thank you, K im n Griffen April 20, 2017 City of Palm Desert 73510 Fred Waring Dr. Palm Desert. CA. 92260 To Whom It May Concern: We would like to recommend that The Village Pup be invited to join the Palm Desert business community. We have owned dogs for more than 20 years, have had many Trainers/Dog Walkers and different types of dogs with different dispositions. In November 2014, we purchased a very determined, difficult, but friendly Australian Labradoodle.At 9 months, he began going to The Village Pup 3-4 times/week for Day Care and usually Boarding several days each month. He is now 2 %2 years old and a very well behaved, happy dog. He loves spending time with the staff and his 4-legged friends! K,Ada and their staff are excellent professionals, providing knowledgeable care in a warm, loving atmosphere. They demonstrate a strong, values-based work ethic. They personalize their approach and just-in-time education to the individual dog and owner. The environment both inside and out is calm, quiet and immaculate. While the drive to La Quints is not too difficult, it is time-consuming. There is no business like the The Village Pup in the Valley. It is unique in the manner in which they serve their Clients.As a full-time Palm Desert residents, my husband and I highly recommend adding the The Village Pup to our business Community. We feel it would be a real asset to services already in our area. Sincerely, Mike and Judy Rhodes 76597 Rudy Court Palm Desert, CA. 92211 760-360-8382 City of Palm Desert: As a neighbor of the The Village Pup for the past two years, I am so pleased to see them continue to grow. They will be a great asset to the City of Palm Desert.The desert can really use more business like The Village Pup. From the professionalism to the cleanliness they are amazing. The staff is really something special, they are always so friendly and welcoming. The facility is always clean and quiet; you would never know that it is a dog facility. We have had plenty of businesses move in and out in the area, but they are by far the greatest addition and every city and use a Village Pup. We look forward to seeing their new location and I know that Palm Desert is going to love having them there as much as we do in La Quinta. Sincere y, ,� f Jack Mansker To Whom It May Concern: My dog Bailey and I are pleased to offer this recommendation of The Village Pup's application to open a new facility in the City of Palm Desert. Even though it is quite far from our home, we have been customers of The Village Pup in Old Town La Quinta for many years. Bailey LOVES to go there for doggy-day-care, occasional overnight stays, grooming and what is called their "best bath." Nevine and I love to watch him on our computer as he plays with other dogs and observes the continuous parade of passing animals sniffing each other and becoming fast friends. This is possible, of course, because guests at The Village Pup are not put in cages, like other kennels, but are encouraged to roam around all day under the watchful eye of one or more highly trained and loving staff members. We are also very impressed with the way their dedicated staff keeps everything clean and tidy. The inevitable dog messes are picked up immediately and there is always fresh water for the animals to drink. The Village Pup in Palm Desert would be most welcome to both Bailey and me and would cut our commute time considerably, thus significantly reducing our harmful green house emissions. We urge favorable consideration of their application. Please feel free to contact either of us if you should have any questions which we might be able to answer. Sincerely, Dana Reed & Bailey Dog Reed Dana W.Reed 46-146 East Eldorado Drive Indian Wells, CA 92210 Home (760) 779-1466 Cell (213) 880-9350 YAT T REGENCY Ind')0,N "VYE.L-_S t,T April 20, 2017 City of Palm Desert 73510 Fred Waring Drive Palm Desert,CA 92260 Dear City of Palm Desert, As a resident and employer in the Palm Desert area I'd like to take this opportunity to formally submit a referral for Village Pup to open a dog day care center in your fine city. I know firsthand what a phenomenal facility Village Pup is as I have been taking my furry son there for two and half years and the care he has received during that time have been nothing short of amazing. It's kennel free so doggies are free to stretch their legs and make friends with other doggies. Having a trustworthy dog day care center in Palm Desert would also afford our associates at the resort the opportunity to leave their furry loved ones during their workday or for overnight boarding if necessary. Please consider adding Village Pup to your business offerings in Palm Desert. If you would like any other information or if I can answer any questions you may have, please feel free to contact me direct at 760.674.4125. Bow Wow and Sincerely, Donna Lowell Director of Human Resources May 6 2017 Dear City of Palm Desert, We are regular customers of the Village Pup, in Old Town La Quinta. We have been taking our dog, Lilly, there for almost 1 year. The Village Pup is an amazing business and has been a benefit to our community. The staff is exceptional and helpful, the facility is always clean and inviting and the dogs have a blast "hanging with their friends." When Lilly goes to day care she comes home happy and exhausted (I personally love the exhausted part!) We have also boarded Lilly at the facility on several occasions. 1 love the fact that it is a cage free facility. The dogs sleep in one room with a person and never have to be isolated. When we have left for an extended period of time we received emails from the Village Pup, written by Lilly, telling us what a great time she is having. To me that shows a great level of commitment. They truly care for the dogs and make sure the owners know that their furry family member is doing great. The Village Pup has been an asset to the La Quinta community, and I hope the city will recognize what an exceptional addition the Village Pup would be to Palm Desert. Sincerely, Lesley Leal Our Dog Lilly For 2 months last season and since November of 201+6 I have been taking our young Standard Poodle Jagger to The Village Pup. What can I say, the place is amazing. All of the dogs are happy to spend their days there. The staff is incredibly loving and take tremendous care of our pets. Often I have left our pup over night I'm so so glad I have a safe and fun environment for my guy to stay. I never worry if he's ok because I have so much confidence in the staff. Jagger likes to bark and anything and everything (not allowed at the Village Pup). With the staffs help we seems to have mastered this annoying habit Yesterday I took Jagger to a very busy vet clinic and I'm happy to say he didn't bark at all. This would have never happened without help and determination of the Village Pup staff. This is not just a doggy day care its much much more and I value and appreciate every staff member there. Sincerely Paula Simonds 51315 Calle Kalima La Quinta, CA 92253 Phone: (760)219-3762/email: psimonds@desertcancerfoundation.org May 4, 2017 To Whom It May Concern: This letter is to provide approval support of necessary permits for business for The Village Pup in Palm Desert. We have entrusted the care of our two (2) dogs to The Village Pup owners, management and staff for the past two (2) years at their La Quinta, California location. In addition, I have made numerous recommendations to those I know who inquire about canine day care and boarding. After visiting other local businesses in the same industry, I found the cleanliness, professionalism and most importantly, the care provided to be outstanding. Their "we don't want to be just in the community but part of the community" business model is one to be acknowledged and applauded. Not only does The Village Pup staff provide unparalleled service but looks for avenues to provide nonprofit support: from the provision of fundraising events to offers of how to offer support to valley residents who might need help with no cost boarding while in the midst of medical care. The Village Pup would be an asset to the City of Palm Desert. Residents as well as employees of city and surrounding community businesses would benefit from the opportunity to utilize this type of service if wanted and needed. Please don't hesitate to contact me with any questions you might have with my support of The Village Pup. Sincerely, 1F Paula Simonds Executive Director Desert Cancer Foundation Date: April 14, 2017 To: Whom it may concern From: Sharon Romank and Brian Hodson Re: Reference for The Village Pup We are writing to let you know how much we would appreciate you supporting The Village Pups proposal to establish a second location in Palm Desert. We have been using The Village Pup since it opened in La Quinta. Our two dogs love going there for day care and grooming. They are at Village pup an average, two to three times a week. We recently sold our home in La Quinta and are moving to Rancho Mirage. One of our concerns in the move is that we will be a 30-minute drive from the La Quinta, The Village Pup location. The new proposed location will be 10 minutes from us in Rancho Mirage. This would make our lives so much easier. We really appreciate the business principles of The Village Pup and how they operate. Our dogs mingle amongst the other dogs. You can walk by The Village Pop location and not realize that it is a dog day care. It is quiet, clean and controlled. And the dogs are well behaved and happy in a stress-free environment. The desert is short of these types of facilities. Please feel free to call us if you have any questions. We look forward to hearing that you have approved the proposed , The Village Pup location in Palm Desert. Sincerely Sharon Romank and Brian Hodson sromank@gmail.com 250 488 1306 Susan M. DeVito 78800 Castle Pines Dr•La Quinta,CA 92253 Phone:678-283-1136• E-Mail:Susan@SMDAdvisoryLLC.com Date:April 17,2017 Khaled Habash and Tammy Jenz The Village Pup 78023 Calle Estado La Quinta,CA 92253 Dear Kha and Tammy: It is with great pleasure that I write this letter of recommendation for The Village Pup in support of your application to expand your business into the City of Palm Desert and its community. As a first time dog owner, I know I would not be as good of an owner were it not for the Village Pup. I came to you by referral from a fellow dog owner with my Fletcher as a puppy. What you have done to aide in the development of his obedience and behavior has helped me to help Fletcher become an absolute delight as a pet. I sing your praised to people I meet who comment on how well behaved my dog is. The resource of the Village Pup in my community and my life allows me to be very active including what is sometimes extensive travel. Whether he is with you for daycare or a week of boarding, I go about my life with the peace of mind that Fletcher is enjoying the company of a special pack of well cared for dogs and in great hands with you and the team at The Village Pup. I must also mention your three-week board and train program I enrolled him in this past March. He arrived a super excitable distracted puppy and he came home three weeks later a changed dog. I would recommend this program and your facility to anyone. When I think of good business owners, I think of the importance of business and community Stewardship. By this I refer to the responsibility that businesses have to understand and manage their impacts on the environment in any number of ways. I am always amazed how quiet it is when I come to The Village Pup. I would never know there was a pack of dogs behind the front doors, not to mention how good it always smells. Further, practicing stewardship can help businesses find sustainable practices, improve its reputation among customers and improve the reputation of the community in which it serves. I think you are wonderful business stewards and I think the City of Palm Desert would be very fortunate to have you and the Village Pup among its business owners. Sincerely, e Susan M. DeVito Happy Pet Owner May 8, 2017 City of Palm Desert, My name is Susan Grimes, my family and I have been Coachella Valley residents since 1991. 1 am excited and looking forward to The Village Pup new location in Palm Desert. Over the years we have taken our dogs to different boarding and daycare facilities there is nothing else like this and you would never know it was a dog facility if you didn't see the dogs with your own eyes. Village Pup, by far, is BEST for freestyle play and socialization. Our dog, Kyzer, became a regular since he was a pup. We appreciate the professional, caring, well trained staff. Knowing that our dog is in a healthy environment, safe, clam, controlled and with hands on treatment is peace of mind. It is so fun to watch Kyzer on the Pup Cams! Every city needs a Village Pup! Sincerely, Susan Grimes 5/09/2017 Dear City of Palm Desert, My name is Leticia Cole, we are a family of 4 and our 18 months old Goldendoodle name Cj, our family pet. We have been residents of Palm Desert for 20 years. For the past 15 months, we have been taking Cj to The Village Pup in La Quinta. After an extended search and trying different facilities here in Palm Desert, we came to conclude The Village Pup in La Quinta was by far the best facility that could provide daycare, grooming and 24 hour boarding. Knowing a staff member stays with the pets overnight gives us the reassurance our pet Cj is in great caring hands while we travel or simply have a busy day and don't want to leave him home alone. I have never seen a pet facility as impeccable as The Village Pup. The staff is fully trained in caring for the pets in keeping them well behaved yet providing an environment filled with fun physical and mental activities. I write this letter to tell you, as a resident and as a pet owner The Village Pup is a facility our city will greatly gain from. Sincerely, Leticia Cole BAR a GRILL May 5, 2017 City of Palm Desert To Whom it May Concern: I understand that"The Village Pup" is applying to open a business in Palm Desert. We have been customers for over a year now,first with our older dog and now our eight month old puppy. I was referred by a neighbor in PGA West and it has been one of the best recommendations I have received. This full service doggy daycare,grooming facility,training board and care program, is first and foremost a well run business. All staff members are very well trained because the animals who are customers are expected to be well mannered and obedient at all times. Due to the dog training aspect which they provide on an ongoing basis,this facility is very quiet—that is expected. It is a lot quieter than our restaurant,just down the street! Our puppy went through their three week board and train program—and we did not see her for three weeks, after which my husband and I went into training to carry the program on. A terrific transformation for all of us. I would highly recommend a second location in Palm Desert for this amazing business. It provides a very real and needed service to this valley. There are so many retirees—who love their dogs and will pay for day care (which is a wonderful feature—don't even need to call in—just bring your dog anytime)! We live in La Quinta, but if we were golfing in Palm Desert, I would probably bring our pup and drop her off in the new location—for fun and variety. I completely trust the owners and staff with our dogs—This is the first time we have ever boarded our"big" dogs, we have always had pet sitters in the home. Having the dog at the"Village Pup"gives me more piece of mind—knowing that the exercise will be greater and socialization with other dogs as well as their large staff. It is a win/win situation. I think the "Village Pup" has a brilliant business plan. Great technology and good common business sense. The facility is spotless, reminders are given to customers when shots are needed—and best of all —the dogs can't wait to return for another day of fun! Sincerely, �� vx��_ Pat Bertram, Owner 780 1 5 MAIN STREET # 1 00 LA QUINTA, CALIFORNIA, 92253 THONY-9S I READY-MIX AND BUILDING-SUPPLIES,ENC. 4500 MANHATTAN BEACH BLVD. LAWNDALE CA,90260 (310)542-9400 OFFICE (3 10)542-5611 FAX 06/12/17 To: The Planning Commission Attn: Kevin Swartz From: Anthony Pagnini Owner of 74316-74322 Alessandro Drive Palm Desert CA, 92260 1 vehemently oppose the proposed operation of Dog Daycare / Overnight Boarding and Grooming Facility. It will not only be a nuisance to my Tenants but will impact my ability to lease the units out as well as cause my property value to go down. Some of my unit's backyards back up against the proposed Dog Care Facility which will greatly impact the sleeping habits of my Tenants. 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VI W U of 0, J + N¢(J N� w +11 F zc���U Op w of ;hr zW- O¢ rr p w O w Dm�mQ OUZ N ISO 0 W W Z O W VI p O �0 Q Vl I-m Vl F 3 Z Q pU F=--=2p O I- N j j U 0 Z way , = ca_S 6 r ¢ 0 0 i000 I I ¢]3 0 o a z a Z Ip cn 00000 00 000 o ; z 0 00 0 CA OfJ O O m I H p i T,7 z to --- .A — W m \ Ow lu tLI z _J N V1 n n ilJ t , Q v FF V uJ y g� F>a z } 9� tutu lua o 04 - -1 m Case No. CUP 17-022 — Palm Desert Auto Sales will be continued to a date uncertain ( No attachments) CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW PALM DESERT AUTO SALES TO OPERATE A CAR DEALERSHIP AND DISPLAY SEVEN (7) AUTOMOBILES OUTDOORS WITHIN ITS PARKING LOT FOR SALE PURPOSES LOCATED AT 74-725 JONI DRIVE SUBMITTED BY: Kevin Swartz, Associate Planner APPLICANT: Palm Desert Auto Roy Perez PO Box 11141 Palm Desert, CA 92255 CASE NO: CUP 17-042 DATE: July 18, 2017 CONTENTS: 1. Draft Planning Commission Resolution No. 2702 2. Legal Notice 3. Exhibits Recommendation Waive further reading and adopt Resolution No. 2702, approving Conditional Use Permit (CUP) 17-042 allowing the applicant to operate a car dealership and display up to seven (7) vehicles outdoors within the private parking lot for sale purposes. Executive Summary Approval of staff's recommendation will allow the applicant to operate a car dealership and display up to seven (7) automobiles outdoors within the private parking lot. On January 28, 2016, the City Council approved Zoning Ordinance Amendment (ZOA) 15-350 allowing new and used outdoor automotive sales within the Service Industrial (S.I.) and Freeway Commercial Overlay Zoning Districts (FCOZ) subject to a CUP. The proposed business is located within the S.I. zone, and staff has determined that there is adequate on-site parking. Staff Report CUP 17-042 Palm Desert Auto Sales Page 2 of 4 July 18, 2017 Background A. Property Description: The property is located on the west side of Joni Drive and south of Velie Way. The parcel has three buildings that were built under the County of Riverside's jurisdiction. The property is owned by Palms to Pines Automotive who uses two of the buildings for automotive repair and a smog station, and leases the third building to the applicant. The applicant has been operating a car dealership at this location for the past seven (7) years. The applicant's building has a private dedicated parking lot in front along Joni Drive that will be used for displaying the automobiles and customer/employee parking. z 2.. . ; B. General Plan Designation and Zoning: The property is currently designated Employment District in the General Plan and is zoned Service Industrial (S.I.) on the City's zoning map. C. Adjacent Zoning and Land Use: North: Service Industrial (S.I.) — Palm Desert City Yard South: Service Industrial (S.I.) — Industrial Buildings/Offices East: Service Industrial (S.I.)— Industrial Buildings/Offices West: Service Industrial (S.I.)— Palm Desert City Yard G:\Pannmg\Kemn Swartz\Word\CUP's\CUP 17-042 Palm Desert Auto Joni Dr\PC Stf Rpt.doc Staff Report CUP 17-042 Palm Desert Auto Sales Page 3 of 4 July 18, 2017 Project Description The existing business specializes in classic cars and currently sells automobiles via the internet and by appointment only. The applicant currently has a storage facility off-site where most of the cars are sold and will use this location for displaying up to seven (7) classic cars outdoors within the parking lot. The business operates seven days a week by appointment only and the applicant will be the only employee working on-site. Analysis Prior to the City Council approving ZOA 15-350 allowing outdoor automotive sales subject to a CUP within the S.I. zone, the City allowed indoor automotive sales, within the S.I. zone. Over the years, many of the businesses took advantage, especially within the Cook Street industrial area, and expanded outdoors occupying another business's parking spaces and public parking along the streets. In February 2017, the Code Compliance Division mailed letters to all car dealerships stating that they need to obtain a CUP for display and sales of vehicles outdoors; otherwise, they will be subject to fines. All CUPs are reviewed on a case-by-case basis by the Planning Commission to ensure there is adequate parking and land use compatibility with surrounding properties. The Findings for Approval have been made and are found in Resolution No. 2702, attached. A. Land Use Compatibility: The site currently consists of automotive repair and a smog station. The surrounding uses consist of industrial offices/warehouse businesses and the City Yard. The site will operate seven (7) days a week by appointment only during regular working hours, which is consistent with other businesses in the area. The applicant is currently displaying vehicles outdoors within the parking lot, which is not permitted. The business has not received any complaints and has demonstrated that the business is compatible with the surrounding uses. Furthermore, the CUP will allow the Planning Commission to establish conditions for how many vehicles will be allowed to be displayed on-site, specify no street parking, and compliance with advertising devices such as no balloons, roof-mounted adverting, flags, pennants, propellers; oscillating, and rotating devices. B. Parking: The property has a private parking lot in front of the building that can accommodate up to nine (9) cars. The applicant will dedicate seven (7) of the spaces for vehicle display, while the other two will be used for customer/employee parking. The business operates by appointment only, and the applicant is the only employee working. Since the business operates with one employee and on an appointment only schedule, staff believes that there is adequate parking available, and the use will not create a public nuisance in regards to parking. G:\Planning\Kevin Swartz\Word\CUP'S\CUP 17-042 Palm Desert Auto Joni Dr\PC Stf Rpt.doc Staff Report CUP 17-042 Palm Desert Auto Sales Page 4 of 4 July 18, 2017 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 11: Accessory Structures, of the CEQA. Because of the categorical exemption, no further environmental review is necessary. Submitted By: Kevin Swartz, Associate Planner Department Head: 1 Foa- yan Stendell, ��efor of Community Development G:\Planning\K&An Swartz\Word\CUP'S\CUP 17-042 Palm Desert Auto Joni Dr\PC Stf Rpt.doc PLANNING COMMISSION RESOLUTION NO. 2702 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 TO OPERATE A CAR DEALERSHIP PALM DESERT AUTO SALES AND DISPLAY SEVEN (7) AUTOMOBILES OUTDOORS WITHIN ITS PARKING LOT FOR SALE PURPOSES LOCATED'''AT 74-725 JONI DRIVE CASE NO: CUP 17-042 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 181h day of July, 2017, hold a duly noticed pule.hearing to consider the request by Palm Desert Auto Sales, for approval of the above reed project request; and WHEREAS, said applications have 6941ied with the:.requ ire ments of the "City of Palm Desert Procedure for Implementation of tfCalifd4a Environmental Quality Act,,, Resolution No. 2015-75, the Director of Community Oeelbpment has determined that the proposed project request is categorically exempt undicle 19 Section 15311 Accessory Structures Projects (Class 11) of the iCEQA; therefore, no further environmental review is necessary; and WHEREAS, the par el is located within the Service Industrial zoning district, which allows outdoor automotllue'sa1 I b' t to a conditional use permitted; and y WHEREAS, at said publicaearing, upon hearing and considering all testimony and arguments, if any, interes persons desiring to be heard, the Planning Commission did find the following 'fa a 6 iqh are outlined in the staff report reasons to approve 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 Service Industrial (S.l.) zoning district. The purpose of the S.I. zoning district allows for the manufacture, distribution, outdoor automobile sales, and service of products intended for use with the City and uses that are consistent with the residential, resort, and recreational character of the community. The existing buildings were constructed under the County of Riverside's jurisdiction, and are operating with automotive repair/service uses. The proposal to operate a car dealership and display up to seven (7) cars for outdoor sales within the private parking lot requires a Conditional Use Permit (CUP) for land use compatibility and parking demand. 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 building also conforms to all development standards contained in the zoning PLANNING COMMISSION RESOLUTION NO. 2702 ordinance. The proposed type of business conducted at this site will be compatible with the surrounding businesses. 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. The site, which was improved with buildings and a parking lot, was originally constructed under the County of Riverside's jurisdiction, and has oped with automotive type uses for several years. The proposed project to operate a,car dealership and display seven (7) automobiles outdoors within the applicants 11 assigned parking lot for sale purposes complies with the zoning code, ar all < tuilding, life safety and environmental standards. No new building and site impr ;;` ents are necessary since the site complies with the Americans with Disabilities Act(ADA).Therefore, the conditional use, will not be detrimental to public health, safety, orlfare. 3. That the proposed conditional use will comply with each of the applicab provisions of this title, except for approved variances or adjustments. The proposed conditional usegibomplies with all applicable development standards for building setbacks and he rictions, and operational standards contained in the zoning code. Based on the parking study, staff believes that there is adequate parking available, and the use vol not cre",public nuisance. The proposed use does not require approval of any v�ances adju ,ent. 4. That the proposed conditional use dies with the goals, objectives, and policies of the City's general plan. The General Plan Land Ilse designation for the site is "Employment District." The intetfk to provide a wide variety of office-intensive activity that could include some facing and light industrial businesses. The proposed business will be geared f�aiwards clien in the area and outside of the Coachella Valley. A primary objective ted in the Land use & Community Care of the General Plan under Industrial Goals provide for thq aeveloprrnt of business parks and non-polluting industrial uses, anhich assures compatible integration with other, non-industrial land uses. The non- _._... industrx'l use of out\ 'r automobile sales is a non polluting use and offers the City to expand usines5rtfolio to residents and tourist. The proposed use will be using the same movements, rather than constructing new ones that would be used a small percen f time. This project maintains a land use that is consistent with 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. PLANNING COMMISSION RESOLUTION NO. 2702 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. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 18 gay of July, 2017, by the following vote, to wit: 10 AYES: NOES: ABSENT: ABSTAIN: NANCY DELUNA, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION PLANNING COMMISSION RESOLUTION NO. 2702 CONDITIONS OF APPROVAL CASE NO: CUP 17-042 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 shti first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD, mU Building and Safety Department \0. Public Works Department Fire Department "p Evidence of said permit or clearance from the above a ties shall be presented to the Department of Building & Safety at the time of issuance ofa building permit for the use contemplated herewith 4. Applicant shall del: , indem 'y and hold harmless the city against any third party legal challenge to thee approvals, With counsel chosen by the city at applicant's expense. 5. Any proposed charge of Us 77 irial Use Permit will require an amendment, which will result in a new pu ring. 6. Improvements that are n Y9 the approved site plan may be subject to additional requirements and plan submttols, 7. The business shall not display more than seven (7) automobiles outdoors for sale within the parking lot. 8. The automobiles for sale shall only be parked on-site within the parking lot and not within the public streets. 9. Each car shall be limited one sale/price sign displayed inside the vehicle on the dashboard. 10. No advertising devices such as balloons, roof-mounted adverting/devices, flags, pennants, propellers, oscillating, and any rotating devices. CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 17-042 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION FOR CONSIDERATION OF A CONDITIONAL USE PERMIT FOR PALM DESERT AUTO TO DISPLAY SEVEN CARS FOR SALE PURPOSES OUTDOORS WITHIN THEIR PARKING LOT LOCATED AT 74-725 JONI DRIVE. The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), completed an Initial Study to review the potential environmental impacts of the project and have determined that the proposed request will not have a negative impact on the environment. Project Location: 74-725 Joni Drive Recommendation: Staff is recommending that the Planning Commission adopt a resolution supporting the project request. Public Hearing: The public hearing will be held before the Planning Commission on July 18, 2017, 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 July 8 to July 18, 2017. Public Review: The project plans 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 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 kswartz@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary July 8, 2017 Palm Desert Planning Commission Feb1 ,2 17 e: Statement of Use for Conditional Use Permit Application For Palm Desert Auto: 74725 Joni Dr , Palm Desert CA 92260 This application is for a permit to display inventory vehicles in the parking structure of the address mentioned above. The business has been established in 2007 as a used car dealer in Palm Desert and in 2009 at this address , 74725 Joni Dr and has been operating as such since. Per City of Pala esert's request fte to code/zoning change, I am applying for this permit. Currently I am using the front parking lot spaces to display inventory, We have been operating this way for over 7 years and never had an issue with any of the neighbors or other tenants in the building. The nature of this business is selling classic cars and therefore has to have the ability to display its inventory for consumers. We o not, have not, and will not use the street parking or property of the neighboring businesses and therefore do not interfere with them in any moray. We work with all businesses in our street: such as mechanic shops , smog shops , upholstery shops Jo wing, body shops, and restoration shops. .e are a family business and have no employees ,all of us live in the City of Palm Desert, we do business in the City of Palm Desert and we volunteer in our community as . . ,.T Community Emergency Response Teamff We are also regular donors and sponsors for local charity organizations such as American Outreach Foundation , Firefighters Benevolent Fund , Bikur holim by rabbi krei an, and more. a are in partnership with other small businesses and our community. Since opening this business, we never had any complaints or issues from any of our immediate or adjacent neighbors and could like to continue operating in harmony with the surrounding, businesses, y peretz Omer AJ Ave A040matvs 0 AVAO e -T C � 6 n v C4 l j 0 V ' J a