HomeMy WebLinkAboutRes No 2538PLANNING COMMISSION RESOLUTION NO. 2538
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AND AMENDING
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 16th day of November, 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
residential zones so it is appropriately located in a 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.
Once conditioned by a specialist in the design of animal care
facilities, 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 and surrounding area. No impact to
PLANNING COMMISSION RESOLUTION NO. 2538
adjacent businesses is expected since all activities occur indoors
in a standalone building with the applicant occupying the entire
facility. Parking is adequate for the proposed activity, number of
staff and customers anticipated.
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 throughout the day during normal business hours and
throughout the night when most adjacent businesses are closed.
Existing parking is adequate and no increase in use 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. No variances or adjustments are necessary
for the project.
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 will not cause
any disturbances to adjacent businesses, provided that no more
than two animals are exercised outdoors at any one time and all
sanitation requirements are met for waste disposal.
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PLANNING COMMISSION RESOLUTION NO. 2538
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 16`h day of November, 2010, by the following vote, to
wit:
AYES: LIMONT, CAMPBELL, TANNER AND SCHMIDT
NOES:
ABSENT: DeLUNA
ABSTAIN:
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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CONNOR LIMONT, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2538
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 75 dogs and 25 cats at
any one time.
5. An attendant must be present 24 hours a day.
6. Conditions of approval on the final design of the building regarding ventilation,
sanitation, fresh food/water, proposed materials, and long term maintenance will
be provided by an independent expert with experience in previous development
of kennels and catteries.
Amendment:
a. Applicant must submit documentation to Building and Safety modifying the
heating, ventilating and air conditioning systems to use a minimum of 60%
fresh air and 40% recirculated air with 3 to 5 air changes per hour in any
space housing animals to deter the spread of disease and control of
odors.
b. Applicant to provide adequacy calculations of existing plumbing systems
required to handle animal waste and hair or provide new plumbing
systems plans including floor and trench drains in kennel areas that are
sized appropriately to handle the proposed number of animals.
c. Applicant must provide impervious floor and wall surfaces to a height of 6'
that can be washed and sanitized in any space housing animals.
d. Applicant to provide certification from the manufacturer of interior turf
installation for the specific use proposed relative to the proposed number
of animals and drains installed.
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PLANNING COMMISSION RESOLUTION NO. 2538
e. Applicant to provide a copy of the Burrtec service agreement maintaining
pick-up of animal feces a minimum of four days a week. At the discretion
of the Director of Community Development, frequency may be required to
be increased to protect public health.
f. The proposed kennel / cattery shall be constructed, maintained and
operated in such a manner as to preserve and protect the general health,
safety and welfare of the public and of the animals maintained in such
kennels and catteries. In furtherance of this purpose, the Code
Compliance Officer, in conjunction with the Director of Community
Development may, in their discretion, impose such reasonable standards
in addition to those contained herein.
7. If at any time, animals are proposed to use or the owner plans to develop an
outdoor facility, an amendment will be required which will result in a new public
hearing.
8. No more than two dogs can be walked at any one time around the facility and
surrounding area. During each walk all feces must be removed from any and all
premises.
9. Should any plant material be damaged due to the outdoor activity of an animal
that plant material shall be replaced in -kind immediately.
10. 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
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PLANNING COMMISSION RESOLUTION NO. 2538
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. 1134B.2.1
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.
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