HomeMy WebLinkAboutRes No 2262PLANNING COMMISSION RESOLUTION NO. 2262
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT FOR THE TWO-PHASE
EXPANSION OF THE DESERT SPRINGS CHURCH LOCATED
AT 43-435 MONTEREY AVENUE.
CASE NO. CUP 04-08 AMENDING PP 06-83
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 20th day of April, 2004, hold a duly noticed public hearing to consider the
request of Desert Springs Church for approval of the above noted 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 conditional use permit:
FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT:
1. The proposed church use is a permitted conditional use in the PR zone
district.
2. That the 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.
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.
PLANNING COMMISSION RESOLUTION NO. 2262
2. That approval of Conditional Use Permit 04-08 amending PP 06-83 is
hereby granted, subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 20th day of April, 2004, by the following vote, to
wit:
AYES: FINERTY, LOPEZ, JONATHAN
NOES: NONE
ABSENT: CAMPBELL, TSCHOPP
ABSTAIN: NONE
ATTEST:
..-----k— t. _ /I
PHILIP DRELL, ecretary
Palm Desert Pla ning Commission
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SABBY JO
Chairperson
PLANNING COMMISSION RESOLUTION NO. 2262
CONDITIONS OF APPROVAL
CASE NO. CUP 04-08
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. 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.
6. Should the applicant wish to install parking lot lighting or modify any existing
parking lot lights, a detailed parking lot and building lighting plan shall be
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PLANNING COMMISSION RESOLUTION NO. 2262
submitted to staff for approval, subject to applicable lighting standards, plan to
be prepared by a qualified lighting engineer.
7. Final landscape plans shall comply with the Parking Lot Tree Planting Master
Plan and must be approved by the City's Architectural Review Commission.
8. 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 long-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.
9. The project shall be subject to all applicable fees at time of issuance of permits
including, but not limited to, Art in Public Places, TUMF, school mitigation and
housing mitigation fees.
10. That building height of the expansion area shall not exceed 24 feet from
finished grade except for tower elements over the stairwell areas which shall
not exceed 30 feet.
That as part of the review process for the issuance of building permits for Phase
II, the 4,370 square foot second story addition over the west parking lot, the
Director of Community Development may require that the applicant to amend
the parking management plan to address parking problems which may exist at
that time.
12. That should the parking lease agreement between this property and Journal
Broadcast Group (d.b.a. KMIR TV) be terminated at any time, then the church
or future church user shall amend the parking management plan to address
parking needs at that time.
Department of Public Works:
1. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-
17 and 79-55, shall be paid prior to issuance of a grading permit.
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PLANNING COMMISSION RESOLUTION NO. 2262
2. In accordance with Palm Desert Municipal Code Section 26.44, complete
grading plans/site improvements plans and specifications shall be submitted to
the Director of Public Works for checking and approval prior to issuance of any
permits. Preliminary landscape plans shall be submitted concurrently with
grading plans.
3. Landscape installation shall be water efficient in nature and maintenance shall
be provided by the property owner.
4. All public and private improvements shall be inspected by the Department of
Public Works and a standard inspection fee shall be paid prior to issuance of
grading permits.
5. Any and all offsite improvements shall be preceded by the approval of plans and
the issuance of valid encroachment permits by the Department of Public Works.
6. Applicant shall comply with the provisions of Municipal Code Section 24.12,
Fugitive Dust Control, as well as Section 24.20, Stormwater Management and
Discharge Control. Applicant shall contact the Riverside County Flood Control
District for informational materials.
7. Applicant shall construct new 25' radius approaches at the two driveways on
Monterey Avenue.
Riverside County Fire Marshal:
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, CFC, and CBC 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.
2. A fire flow of 1500 gpm for a 1-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:
3,000 gpm for commercial buildings
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PLANNING COMMISSION RESOLUTION NO. 2262
4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x
2 Y2 "x 2 Y2 ", located not Tess than 25' nor more than:
150 feet from any portion of a commercial building measured via
vehicular travelway.
5. Water Plans must be approved by the Fire Marshal and include verification that
the water system will produce the required fire flow.
6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings
with a 3,000 square foot total cumulative floor area. The Fire Marshal shall
approve the locations of all post indicator valves and fire department
connections. All valves and connections shall not be less than 25' from the
building and within 50' of an approved hydrant. Exempted are one and two
family dwellings.
7. All valves controlling the water supply for automatic sprinkler systems and
water -flow switches shall be monitored and alarmed per CBC Chapter 9.
8. Install a fire alarm system as required by the UBC Chapter 3.
9. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC
extinguisher per 3,000 square feet and not over 75' walking distance. A "K"
type fire extinguisher is required in all commercial kitchens.
10. All building shall be accessible by an all-weather roadway extending to within
150' of all portions of the exterior walls of the first story. The roadway shall not
be Tess than 24' of unobstructed width and 13'6" of vertical clearance. Where
parallel parking is required on both sides of the street, the roadway must be 36'
wide and 32' wide with parking on one side. Dead-end roads in excess of 150'
shall be provided with a minimum 45' radius turn -around 55' in industrial
developments.
11. All buildings shall have illuminated addresses of a size approved by the city.
12. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately to the Fire Marshal for approval prior to construction.
13. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained within 12 months.
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PLANNING COMMISSION RESOLUTION NO. 2262
Other:
1. Need to see fire hydrant locations.
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