Loading...
HomeMy WebLinkAboutRes No 2536PLANNING COMMISSION RESOLUTION NO. 2536 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE AN UPSCALE BOARDING AND GROOMING FACILITY FOR DOGS AND CATS IN A SERVICE INDUSTRIAL ZONE LOCATED AT 34-550 SPYDER CIRCLE, APN: 694-240-001. CASE NO. CUP 10-297 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of October, 2010, hold a duly noticed public hearing to consider the request by the The Ritz at Barkingham Palace 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. 10-26 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 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 a Service Industrial zone. One of the purposes of this district is to provide services for local usage. The type of activity conducted at the proposed site is a community resource to the public, but typically is not favored in or near residential zones so it is appropriately located in the Service Industrial zone. 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 boarding and grooming facility will 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. Water, sanitation, public utilities and services are already constructed throughout the building. No impact to adjacent businesses is anticipated since all activities occur indoors and it is a standalone building with the applicant occupying the entire facility. Parking is adequate for the proposed activity, number of staff and customers expected to visit the site. PLANNING COMMISSION RESOLUTION NO. 2536 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; the organization operates a service based use that operates during normal business hours and throughout the night when most adjacent businesses are closed. Existing parking is adequate and no increase in utilization of infrastructure is necessary. This use will provide a service to the community in a location that will not cause disturbances to its adjacent neighbors. 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 6B 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. This project maintains a land use that is consistent with the goals, policies, and programs of the General Plan. The project is consistent with the General Plan in respect to the appropriate use of a boarding/grooming facility in the proposed location. The business is compatible with surrounding land uses, and is effectively located in a standalone structure where it is appropriately located. 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 10-297 is hereby granted, subject to conditions attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of October, 2010, by the following vote, to wit: 2 PLANNING COMMISSION RESOLUTION NO. 2536 AYES: LIMONT, CAMPBELL, SCHMIDT, AND TANNER NOES: NONE ABSENT: DE LUNA ABSTAIN: NONE , ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 3 M. CONNOR LIMONT, Chairperson PLANNING COMMISSION RESOLUTION NO. 2536 CONDITIONS OF APPROVAL CASE NO. CUP 10-297 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. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. 3. Hours of operation for The Ritz at Barkingham Palace shall be from 8:00 a.m. to 6:00 p.m., Monday through Sunday. 4. The Ritz at Barkingham Palace shall have a maximum of 25 dogs and 10 cats at any one time. 5. An attendant must be present 24 hours a day. 6. All conditions of approval shall be recorded with the Riverside County Clerk's office before any building permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning. BUILDING AND SAFETY DEPARTMENT: 1. Project must conform to the current State of California Codes adopted at the time of plan check submittal. Note the 2010 California Codes will be effective starting January 1, 2011. 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 (Based on the 2008 Energy Efficiency Standards) 2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2007 CALIFORNIA FIRE CODE 2. All existing buildings and facilities, when alterations, structural repairs or additions are made to such buildings or facilities, shall comply with all provisions of Division I —New Buildings, except as modified by this division. These requirements shall apply only to the area of specific alteration, structural repair or addition and shall include those areas listed below: A primary entrance to the building or facility and the primary path of travel to the specific area of alteration, structural repair or addition, and sanitary facilities, drinking fountains, signs and public telephones serving the area. 11346.2.1 4 PLANNING COMMISSION RESOLUTION NO. 2536 3. 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. 4. 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. 5. The City of Palm Desert Department of Building and Safety shall provide a street address to all buildings used for residential, commercial, industrial, institutional, or governmental purposes as outlined in department of building and safety addressing policy guidelines. New and existing buildings shall have approved street address numbers, building numbers or approved building identification placed in a position that complies with building and safety department addressing policy guidelines and is plainly legible and visible from the street or road fronting the property. (Ord. 1173 Section 15.15) 6. Please contact Debbie Le Blanc at the Department of Building and Safety (760- 776-6420) regarding the addressing of all buildings and/or suites. PUBLIC WORKS DEPARTMENT: 1. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals by the Public Works Department. 5