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HomeMy WebLinkAboutRes No 25347 j-5 10 FRED WIRING DRIVE PALM DESERT, CALIFORNIA 92260-2j?8 TEL: 760 346-06z1 infioO'ciqutp:tlin 1I csc rt.ur, PLANNING COMMISSION MEETING NOTICE OF ACTION Date: September 23, 2010 La Quinta Village Business Center 45-44 Portola Avenue, Ste. 5 Palm Desert, CA 92260 Attn: Leah Jones Re: Case No. PMW 10-207 — La Quinta Village Business Center At its regular meeting of September 21, 2010, the Planning Commission of the City of Palm Desert considered your request and took the following action: THE PLANNING COMMISSION, BY MINUTE MOTION, APPROVED CASE NO. PMW 10-207. THE MOTION CARRIED 5-0. Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. v- Lauri Aylaian, Secretary Palm Desert Planning Commission /tb cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal 7 3-5 [t) FRED WARING D)R1vE. PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-06 i r int�o(«'citnutpalmde crt.urg PLANNING COMMISSION MEETING NOTICE OF ACTION Date: September 23, 2010 St. John's Lutheran Church Mark B. Valentino, Architect 44-267 Monterey Ave, Suite B Palm Desert, CA 92260 Re: Case No. CUP 98-10 Amendment #3/ HTE 10-218 At its regular meeting of September 21, 2010, the Planning Commission of the City of Palm Desert considered your request and took the following action: THE PLANNING COMMISSION APPROVED CASE NO. CUP 98-10 AMENDMENT #3 / HTE 10-218 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2534 (ATTACHED), SUBJECT TO CONDITIONS. THE MOTION CARRIED 5-0. Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. Lauri Aylaian, Secretary Palm Desert Planning Commission /tb cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal PLANNING COMMISSION RESOLUTION NO. 2534 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 a church in the Office Professional zone, and correlates to the permitted uses allowed. The proposed use is consistent with the intent of the Zoning Ordinance since it meets and/or exceeds the development standards in the Office Professional zone. The church has been in operation since the 1960's, and no variances or adjustments are required for this use. 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 Fire Departments' conditions. 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- O.P.)': 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, and 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 lots for overflow use. The Circulation Element of the General Plan is meant to ensure that transportation issues are addressed in a manner that limits adverse impacts and enhances positive impacts, and assures 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 proposed administrative building will not generate additional church members at this site. The church is using the same built improvements, rather than constructing new ones that would be used a small percentage of time. The church has been operating since the 1960's in the Office Professional zone and there have not been any traffic or parking impacts on the surrounding neighborhoods. The church is compatible with surrounding land uses. 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. PLANNING COMMISSION RESOLUTION NO. 2534 A RESOLUTION OF THE PALNNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO EXISTING CONDITIONAL USE PERMIT 98-10 TO DEMOLISH THE EXISTING 1,376 SQUARE FOOT GENERAL OFFICE BUILDING AND ALLOW A NEW 3,866 SQUARE FOOT GENERAL OFFICE BUILDING FOR ST. JOHN'S LUTHERAN CHURCH LOCATED AT 42-695 WASHINGTON STREET. CASE NO. CUP 98-10, AMENDMENT #3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of September, 2010, 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 AcY', 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. Churches are permitted subject to a CUP within any zoning district within the city. The proposed location is in an Office Professional zone and is in accordance with the purpose and objectives of the zone, subject to an amendment to the CUP. The purpose of the Office Professional 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 proposed project will not increase the number of church members, just increase work space. The church operates Monday through Friday, with a Sunday worship service. It has been in existence since the 1960's, and has been compatible with the other office and school uses and is also compatible with area residences. 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 administrative building 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 nor materially injurious to the properties in the vicinity. Water, sanitation, public utilities and services are already constructed throughout the building. All work will be constructed in accordance with current building and safety regulations to assure public safety. PLANNING COMMISSION RESOLUTION NO. 2534 CASE NO. CUP 98-10, Amendment #3 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 Department of Public Works 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. This approval is for a new 3,866 square foot general office building, and will serve as an office, music room, classrooms, conference room, and storage room. The sanctuary will not be expanded from this application. 4. The existing 1,376 square foot general office building will be demolished. 5. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. DEPARTMENT OF PUBLIC WORKS: Prior to the issuance of grading permits the applicant shall: 1. A precise grading plan and landscape plan must be submitted to the Department of Public Works for review and approval. 2. Roof drains shall be kept within the property line or a drainage easement from the property to the north shall be provided. 3. The parking lot shall be striped for one way access. 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: PLANNING COMMISSION RESOLUTION NO. 2534 2. That approval of Conditional Use Permit 98-10, Amendment #3 is hereby granted, subject to conditions attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Paim Desert Planning Commission, held on this 21st day of September, 2010, by the following vote, to wit: AYES: LIMONT, CAMPBELL, TANNER, SCHMIDT AND De LUNA NOES: NONE ABSENT: NONE ABSTAIN: NONE C,, . M. CONNOR. LIMONT, Chairperson ATTEST: LAURI AYLAIAN, Secretary' Paim Desert Planning Commission CONDITIONS OF APPROVAL PLANNING COMMISSION RESOLUTION NO. 2534 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 (Based on the 2008 Energy Efficiency Standards) 2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2007 CALIFORNIA FIRE CODE 2. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1173. 3. A disabled access overlay of the precise grading plan is required to be submitted to the Dept of Building and Safety for plan review of the site accessibility requirements as per 2007 CBC Chapters 11 A & B (as applicable) and Chapter 10. 4. All exits must provide an accessible path of travel to the public way. (CBC 1024.6 & 1127B.1) 5. Detectable warnings shall be provided where required per CBC 1133B.8 and 1127B.5 (7). The designer 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. 6. 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. 7. 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.