HomeMy WebLinkAboutRes No 2531PLANNING COMMISSION RESOLUTION NO. 2531
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT ALLOWING CORNERSTONE COVENEANT CHURCH TO
OPERATE IN A 14,370 SQUARE FOOT BUILDING IN A SERVICE
INDUSTRIAL DISTRICT. THE PROPERTY IS LOCATED WITHIN THE
PRES MONTEREY PROJECT AT 73-605 DINAH SHORE DRIVE.
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 4th day of May, 2010, hold a duly noticed public hearing to consider the request by
Cornerstone Covenant 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 3 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 the approval of
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.
Churches are permitted subject to a Conditional Use Permit within any zoning
district within the city. The proposed location is in a Service Industrial zone.
The project was approved for industrial use. The proposed location of the
industrial park is in accord with the objectives of the Zoning Ordinance and
the purpose of the district in which the site is located. The type of business
conducted at the proposed site is minimal during adjacent business hours and
would have minimal impacts on parking. The church operates Monday
through Friday, with a Sunday worship service. The Sunday worship service
will not impact the complex, since majority of the tenants are not open for
business.
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 Cornerstone Covenant Church will meet all applicable
requirements of the Zoning Ordinance and all applicable building codes and will
not be detrimental to general public health, safety, and welfare or materially
PLANNING COMMISSION RESOLUTION NO. 2531
injurious to the properties in the vicinity. Water, sanitation, public utilities and
services are already constructed throughout the building.
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 site has already been developed and approved as an industrial complex.
The proposed use is consistent with the intent of the Zoning Ordinance since
it meets and/or exceeds the development standards in the Service Industrial
zone. The use of a church will operate during business hours and conditions
have been placed on the project to ensure that all the minimum requirements
of the Palm Desert Municipal Code are met, including building, landscaping,
public works, and the fire department conditions. This promotes a mixed,
efficient use of the site within the Service Industrial zone.
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 "Industrial / Business
Park (I-B.P.)': A primary objective stated in the Land Use Element of the
General Plan under Industrial Goals, Policies and Programs is Goal 1, which
provides for the development of business parks and non-polluting industrial
uses, and which assures compatible integration with other, non -industrial land
uses. Policy 68 of the General Plan Land Use Element is to review all business
park / industrial development proposals with a special regard for public health
and safety issues to ensure that the type and intensity of the use is appropriate
for the proposed location and comparative with surrounding land uses.
The Circulation Element of the General Plan is meant to address and ensure
that transportation issues are addressed in a manner that limits adverse and
enhances positive impacts, and to assure that local traffic stays local. The
Circulation Element also establishes and directs actions to maintain acceptable
levels of service on all community roadways. A goal of the City is to carefully
review projects to assure neighborhood character is protected. The non-
industrial church is better suited at this site since the church use occurs during
hours when industrial uses don't need the parking lot and infrastructure. The
church is using the same built improvements, rather than constructing new
ones that would be used a small percentage of time. A church in an industrial
zone would protect residential neighborhoods from traffic and parking impacts,
as well as preserve safety for residents.
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, and offers an excellent service to the community.
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PLANNING COMMISSION RESOLUTION NO. 2531
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 grant approval of Conditional
Use Permit 10-106, subject to the conditions. .
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 4th day of May, 2010, by the following vote, to wit:
AYES: CAMPBELL, DELUNA, SCHMIDT, TANNER, LIMONT
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
M. CONNOR LIMONT, Chairperson
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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PLANNING COMMISSION RESOLUTION NO. 2531
CONDITIONS OF APPROVAL
CASE NO. CUP 10-106
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
Public Works Department
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. Hours of operation for Cornerstone Covenant Church shall be conducted
between the hours of 9:00 a.m. and 8:00 p.m. Monday through Friday, and
Sundays for worship service during the hours of 10:00 a.m. to 11:30 a.m., and
during Christian holidays from 8:30 a.m. to 3:00 p.m.
4. The church would have a maximum of three employees.
5. Any proposed change of this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
PUBLIC WORKS CONDITIONS:
1. The applicant shall upgrade the curb ramps on Leilani Way, adjacent to their
building, to current ADA standards.
2. The applicant shall submit landscape plans for review and approval if they make
changes to the existing landscaping.
BUILDING DEPARTMENTS CONDITIONS:
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)
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PLANNING COMMISSION RESOLUTION NO. 2531
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency
Standards)
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
2. All exits must provide an accessible path of travel to the public way. (CBC 1024.6
& 1127B.1)
3. Detectable warnings shall be provided where required per CBC 1133B.8 and
1127B.5 (7). The licensed architect/engineer is also required to meet all ADA
requirements. Where an ADA requirement is more restrictive than the State of
California, the ADA requirement shall supercede the State requirement.
4. Provide an accessible path of travel to the trash enclosure. The trash enclosure
is required to be accessible. Please obtain a detail from the Dept of Building and
Safety.
5. 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.
6. All contractors and/or owner -builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
7. This project requires an architect and/or engineer licensed by the State of
California.
8. This project may also incur revised traffic uniform mitigation fees based on the
change of use.
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