HomeMy WebLinkAboutRes No 2159PLANNING COMMISSION RESOLUTION NO. 2159
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
PRECISE PLAN OF DESIGN/CONDITIONAL USE PERMIT
FOR A 2,000 SQUARE FOOT CHURCH FACILITY ON THE
NORTH SIDE OF ALESSANDRO DRIVE BETWEEN SAN
JOSE AND SAN JACINTO AVENUE, 73-900
ALESSANDRO.
CASE NO. PP/CUP 02-07 AMENDMENT #1
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 1st day of October, 2002, hold a duly noticed public hearing to consider the
request of Pathfinder Community of the Risen Christ Church for the above noted
precise plan/conditional use permit; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No. 02-60," in that the Director of Community Development has
determined that the project is a Class 32 categorical exemption for purposes of CEQA
and no further documentation is necessary; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did find the following facts and reasons to exist to justify granting
approval of said precise plan/conditional use permit:
FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT:
1. The proposed church use is a permitted conditional use in the R-3 zone
district.
2. That the proposed location of the conditional use and the conditions
under which it will be operated or maintained will not be detrimental to
the public health, safety, or welfare, or be materially injurious to
properties or improvements in the vicinity.
3. That the proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance, except for a parking adjustment
which will be approved as part of this request.
4. There is street parking available to augment on -site parking during peak
use of the church.
PLANNING COMMISSION RESOLUTION NO. 2159
FINDINGS FOR APPROVAL OF A PRECISE PLAN:
1. The design of the precise plan will not substantially depreciate property
values, nor be materially injurious to properties or improvements in the
vicinity.
2. The precise plan will not unreasonably interfere with the use or
enjoyment of property in the vicinity by the occupants thereof for lawful
purposes.
3. The precise plan will not endanger the public peace, health, safety or
general welfare.
NOW, THEREFORE, BE IT RESOLVED by the 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 approval of Precise Plan/Conditional Use Permit 02-07 Amendment
#1 providing 29 parking spaces, subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 1st day of October, 2002, by the following vote,
to wit:
AYES: CAMPBELL, JONATHAN, LOPEZ, TSCHOPP, FINERTY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CI DY FINERTY, Chairperson rr
ATTEST:
PHILIP DRELL Secretary
Palm Desert Fanning Commission
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PLANNING COMMISSION RESOLUTION NO. 2159
CONDITIONS OF APPROVAL
CASE NO. PP/CUP 02-07 AMENDMENT #1
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
with the department of community development/planning, as modified by the
following conditions.
2. Construction of a portion of said project shall commence within one year from
the date of final approval unless an extension of time is granted; otherwise said
approval shall become null, void and of no effect whatsoever.
3. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to all municipal
ordinances and state and federal statutes now in force, or which hereafter may
be in force.
4. Prior to issuance of a building permit for construction of any use contemplated
by this approval, the applicant shall first obtain permits and/or clearance from
the following agencies:
Coachella Valley Water District
Palm Desert Architectural Commission
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented
to the department of building and safety at the time of issuance of a building
permit for the use contemplated herewith.
5. Applicant shall participate in a commercial recycling program as determined by
the City and applicable Waste Disposal Company. Access to trash/service areas
shall be placed so as not to conflict with parking area. Said placement shall be
approved by applicable trash company and Department of Community
Development.
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PLANNING COMMISSION RESOLUTION NO. 2159
6. All future occupants of the buildings shall comply with parking requirements in
Section 25.58 of the Zoning Ordinance except as otherwise altered by this
resolution.
7. A detailed parking lot and building lighting plan shall be submitted to staff for
approval, subject to applicable lighting standards, plan to be prepared by a
qualified lighting engineer.
8. Final landscape plans shall comply with the Parking Lot Tree Planting Master
Plan and must be approved by the City's Architectural Review Commission.
9. Applicant agrees to maintain the landscaping required to be installed pursuant
to these conditions. Applicant will enter into an agreement to maintain said
landscaping for the life of the project, which agreement shall be notarized and
which agreement shall be recorded. It is the specific intent of the parties that
this condition and agreement run with the land and bind successors and
assigns. The final landscape plan shall include a Tong -term maintenance
program specifying among other matters appropriate watering times, fertilization
and pruning for various times of the year for the specific materials to be planted,
as well as periodic replacement of materials. All to be consistent with the
Property Maintenance Ordinance (Ordinance No. 801) and the approved
landscape plan.
10. The project shall be subject to all applicable fees at time of issuance of permits
including, but not limited to, Art in Public Places, Fringe -Toed Lizard, TUMF,
school mitigation and housing mitigation fees.
11. All roof -mounted and ground -mounted equipment must be screened from
adjacent properties and from the public right-of-way.
12. The building shall be limited to a maximum of 2,000 square feet.
13. As part of the City agreeing to vacate the west half of San Jacinto Avenue
right-of-way adjacent to the applicant, the applicant agrees to design and
implement the improvements to the east half of the right-of-way to the
satisfaction of the Fire Marshal, Director of Public Works and Director of
Community Development, including provision of gates.
14. That the parking adjustment approval to use this property for a church applies
only to churches or other such religious facilities whose primary day of
operation is Saturday or Sunday. Any use of this property by a subsequent user
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PLANNING COMMISSION RESOLUTION NO. 2159
shall require an amendment to this conditional use permit unless it is determined
that said new user will have Saturday or Sunday as its primary day of use.
15. That subsequent use of the project for a general office use may be approved by
the Director of Community Development upon reviewing a floor plan to
determine intensity of office use and the provisions of a minimum of eight
parking spaces on the lot.
16. That the wall along the north property line shall be a minimum of six feet in
height measured from the pad height and shall be installed at the beginning of
the project construction. All site walls shall be finished with smooth stucco to
match the building finish.
17. That the trash enclosure be located to a location adjacent to Alessandro.
18. That the church facility shall not provide a day care / school facility other than
during church services on Saturday or Sunday.
19. That the gate system on the access way on San Jacinto be relocated to an area
closer to Alessandro, subject to the location being acceptable to Public Works
and the Fire Department.
20. That the applicant shall provide a minimum of 29 parking spaces generally
located at the northeast corner of San Jose and Alessandro.
21. That all church maintenance indoors and outdoors shall be conducted during
regular office hours Monday through Friday 8:00 a.m. to 5:00 p.m.
22. That the church facility shall not operate a soup kitchen without amendment to
the conditional use permit.
23. That the wall on the north side of the parking lot shall be six feet in height and
the wall along the east side of San Jose shall be four feet in height.
24. That evening activities at the church shall cease at 9:00 p.m. Prior to 5:00
p.m. weekdays classes or other activities shall not involve more than 15
persons.
25. That the building height shall not exceed 18 feet.
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PLANNING COMMISSION RESOLUTION NO. 2159
26. Applicant agrees to restrict parking in the six spaces along the east side of the
northerly lot to Sunday services only.
Department of Public Works:
1. Appropriate fees shall be paid prior to issuance of permits, including the
following:
• Drainage fees, in accordance with Section 26.49 of the Palm Desert
Municipal Code, shall be paid prior to issuance of a grading permit.
• Signalization fees, in accordance with City of Palm Desert Resolution No.
79-17 and 79-55, shall be paid prior to issuance of a grading permit.
• Transportation Uniform Mitigation Fees shall be paid prior to the issuance
of any building permits associated with this project.
2. Full public improvements, as required by Section 26.44 and 26.40 of the Palm
Desert Municipal Code, shall be installed in accordance with applicable City
standards. Subject improvements shall include, but not be limited to:
• Installation of a 24 foot wide drive approach on Alessandro Drive.
• Installation of a minimum six foot wide sidewalk on the project frontages.
•
•
•
Installation of water efficient landscaping on project frontages, including
on abandoned portion of roadway in front of 44855 San Jacinto Avenue
(APN 627 182 012).
Modification San Jacinto Avenue to a width of 18'. The developer shall
prepare and execute appropriate documents for abandonment of the
westerly one-half of San Jacinto Avenue. Design of San Jacinto Avenue
shall be subject to the review and approval of the Fire Marshall and the
Director of Public Works. The abandonment proceedings shall be
completed prior to issuance of any permits associated with this project.
Offsite improvement plans shall be reviewed and approved by the
Director of Public Works and a surety posted to guarantee the installation
of all required offsite improvements prior to issuance of a grading permit.
"As -built" plans shall be submitted to, and approved by, the Director of
Public Works prior to the acceptance of the improvements by the City.
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PLANNING COMMISSION RESOLUTION NO. 2159
Any and all offsite improvements shall be preceded by the approval of
plans by the Director of Public Works and the issuance of valid
encroachment permits by the Department of Public Works.
3. All private driveways and parking Tots shall be inspected by the engineering
department and a standard inspection fee paid prior to the issuance of a grading
permit.
4. In accordance with Palm Desert Municipal Code Chapter 27, complete grading
plans and specifications shall be submitted to the Director of Public Works for
checking and approval prior to the issuance of any permits associated with this
project. Landscaping plans shall be submitted for review concurrently with
grading plans. Landscaping shall water efficient, conforming to Chapter 24.04
of the Palm Desert Municipal Code.
5. Proposed building pad elevations are subject to review and modification in
accordance with Title 27 of the Palm Desert Municipal Code.
6. A complete preliminary soils investigation, conducted by a registered soils
engineer, shall be submitted to and approved by the Department of Public
Works prior to the issuance of a grading permit.
7. Landscaping maintenance on all property frontages shall be the responsibility of
the property owner. The developer shall make arrangements for maintenance
of landscaping on abandoned portion of roadway in front of 44855 San Jacinto
Avenue (APN 627-182-012).
8. The project shall comply with the provisions of Palm Desert Municipal Code
Section 24.12, Fugitive Dust (PM10) Control.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above referenced
project, the fire department recommends the following fire protection measures
be provided in accordance with City Municipal Code, NFPA, UFC, and UBC, or
any recognized Fire Protection Standards:
The Fire Department is required to set a minimum fire flow for the remodel or
construction of all buildings per UFC article 87.
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PLANNING COMMISSION RESOLUTION NO. 2159
2. A fire flow of 1500 gpm for a one hour duration at 20 psi residual pressure
must be available before any combustible material is placed on the job site.
3. Provide or show there exists a water system capable of providing a gpm flow
of
3000 gpm for commercial buildings.
4. The required fire flow shall be available from a set barrel Super Hydrant(s)
4" x 2-1/2" x 2-1/2" located not Tess than 25 feet nor more than:
150 feet from any portion of a commercial building measured via vehicular
travelway.
5. All buildings shall be accessible by an all-weather roadway extending to within
150 feet of all portions of the exterior walls of the first storey. The roadway
shall not be Tess than 24 feet of unobstructed width, and 13 feet, 6 inches of
vertical clearance. Where parallel parking is required on both sides of the street,
the roadway must be 36 feet wide and 32 feet wide with parking on one side.
Dead-end roads in excess of 150 feet shall be provided with a minimum of 45
feet radius turn -around, 55 feet in industrial developments.
6. Whenever access into private property is controlled through use of gates,
barriers or other means, provisions shall be made to install a "Knox Box" key
over -ride system to allow for emergency vehicle access. Minimum gate width
shall be 16 feet with a minimum vertical clearance of 13 feet, 6 inches.
7. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within 12 months.
OTHER:
Will require a Knox Lock or Electric Knox Override.
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