HomeMy WebLinkAboutRes No 2511PLANNING COMMISSION RESOLUTION NO. 2511
A RESOLUTION OF THE PALNNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO
EXISTING CONDITIONAL USE PERMIT 98-10 TO ALLOW ST.
JOHN'S LUTHERAN CHURCH TO EXPAND AND ADD A SECOND -
STORY TO AN EXISTING MULTI -PURPOSE ROOM. AS PART OF
THE EXPANSION, AN EXISTING OFFICE STORAGE BUILDING
WILL BE DEMOLISHED. THE PROPERTY IS LOCATED AT 42-695
WASHINGTON STREET.
CASE NO. CUP 98-10. AMENDMENT #2
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 4th day of August, 2009, hold a duly noticed public hearing to consider the request
by St. John's Lutheran Church for approval of the above noted; 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. 06-78 in that the Director of Community Development has determined that
the project is a Class 32 Categorical Exemption; 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 approval of the
said request:
1. That the proposed location of the conditional use is in accordance with the
objectives of the Zoning Ordinance and the purpose of the district in which
it is located.
The proposed location is in an O.P. zone and is in accordance with the
purpose and objectives of the zone, subject to an amendment to the CUP.
The zone allows churches subject to a CUP. The purpose of this O.P.
zone is to classify and set standards for offices, administrative or
professional uses which are of relatively low intensity and which are
compatible with adjacent residential zoning and development therein. The
church has been in existence since the 1960's, and has been compatible
with the other office and school uses, along with the residences in the
area.
2. That the proposed location of the conditional use and the conditions under
which it will be operated or maintained will not be detrimental to the public
health, safety or welfare, or be materially injurious to properties or
improvements in the vicinity.
The proposed church additions meet all applicable requirements of the
zoning ordinance and will not be detrimental to general public health,
safety, and welfare or materially injurious to the properties in the vicinity.
PLANNING COMMISSION RESOLUTION NO. 2511
Water, sanitation, public utilities and services are available and existing
within the complex. All work will be constructed in accordance with
current building and safety regulations to assure public safety.
3. That the proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance, except for approved variances or
adjustments.
The proposed use is consistent with the intent of the Zoning Ordinance
since it complies with the purpose of the zone and correlates to the
permitted uses allowed. The zone allows general and medical offices and
churches uses subject to a CUP. The church has been in operation since
the 1960's, and no variances or adjustments are required for this use.
4. That the proposed conditional use complies with the goals, objectives and
policies of the City's General Plan.
The General Plan land use designation for the site is "Office Professional
(C-OP)". One of the primary objectives stated in the Land Use Element of
the General Plan is to provide comparative advantages for office
development, with use characteristics that enhance compatibility with
residential and other sensitive land uses. Mixed Use development with
hotels and motels, professional office and residential may also be
permitted through approval of an integrated master plan.
This project maintains a land use that is consistent with the Land Use
Element of the General Plan. St. John's Lutheran Church was built in the
1960's and it has no history of complaints from neighbors. The church has
also become an integrated member of the community, as well as serves
residents within walking distance. The church has a strong relationship with
its neighbors; currently there is a written agreement with The Tot Stop and
the Learning Tree to use their parking lot for overflow use.
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 Commission in this case.
2. That approval of Conditional Use Permit 98-10 Amendment #2 is hereby
granted, subject to conditions attached.
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PLANNING COMMISSION RESOLUTION NO. 2511
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 4th day of August, 2009, by the following vote, to wit:
AYES: CAMPBELL, DELUNA, LIMONT, SCHMIDT, TANNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE /� f
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
VAN G. TANNER, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2511
CONDITIONS OF APPROVAL
CASE NO. CUP 98-10 AMENDMENT #2
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. 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:
City Fire Marshal
Building and Safety 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.
3. Any proposed change of this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
DEPARTMENT OF PUBLIC WORKS:
1. Grading plans for the proposed development are subject to review and approval in
accordance with Section 27 of the Palm Desert Municipal Code.
2. Any landscape plans shall be reviewed and approved concurrently with
construction plans and no permits shall be issued prior to landscape plan approval.
DEPARTMENT OF BUILDING & SAFETY:
1. Project must conform to the current State of California Codes adopted at the
time of plan check submittal. The following are the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
2. The applicant must provide details of the proposed antenna mounting, screening
and justify any added loads to the existing structure.
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