Loading...
HomeMy WebLinkAboutRes No 2551PLANNING COMMISSION RESOLUTION NO. 2551 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE TO REMOVE AN EXISITING CHAIN LINK FENCE AND ADD A NEW SIX- FOOT HIGH CHAIN LINK FENCE AND LANDSCAPING ALONG THE WEST SIDE OF COOK STREET ABOVE THE SLOPE FOR THE FIRST TEE OF COACHELLA VALLEY LOCATED AT 74-945 SHERYL AVENUE. WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of June, 2011, hold a duly noticed public hearing to consider the request by The First Tee of Coachella Valley 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 will not have a negative impact on the environment and that the application is a Class 3 Categorical Exemption for purposes of CEQA, and therefore no further documentation is necessary; 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 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. The proposed location is in a Residential Single Family zone. The First Tee of Coachella Valley was approved with a chain link fence, and is replacing the fence and adding landscaping. The proposed location of the chain link fence is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. 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. A chain link fence is permitted within the R-1 zone subject to a Conditional Use Permit and is consistent with the intent of the City's Zoning Ordinance as described in the staff report. The proposed chain link fence 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 available and existing within the complex. 3. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance, except for approved variances or adjustments. PLANNING COMMISSION RESOLUTION NO. 2551 The site has already been developed and approved with a chain link fence. The proposed use is consistent with the intent of the Zoning Ordinance since it meets and/or exceeds the developed standards in the R-1 zone. 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 Department conditions. No variances or adjustments are required for approval. 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 "Study Zone': One of the primary objectives stated in the Land Use Element of the General Plan is the City is Goal 2 of the Residential Land Use Goals and Policies states, the preservation and enhancement of the City's existing neighborhoods. The proposed chain link fence does not separate or divide an existing neighborhood but rather helps to enhance visually the commercial and residential neighborhood. Under Public Services and Facilities Goal, Policies and Programs Goal states maintenance and logical and efficient expansion of public services and facilities ensuring that they meet the needs of existing and future residents, business and visitors of the City. The property is currently a driving range, and the applicant wants to expand onto the 3.9 acre parcel. The chain link fence and landscaping would enhance the property as well as screen it for residents in the area. The project also provides needed day-to-day commercial services and associated amenities that will also be conveniently available to local residents. This project promotes a land use that is consistent with the goals, policies, and programs of the General Plan. The project is consistent with the General Plan because the project proposes a new chain link fence that was constructed when the project was approved. The applicant is also adding landscaping to enhance the property. 2 PLANNING COMMISSION RESOLUTION NO. 2551 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 11-115, subject to conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of June 2011, by the following vote, to wit: AYES: CAMPBELL, DE LUNA, LIMONT, TANNER AND DASH NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: C LAURI AYLAIAN,/Secretary Palm Desert Planning Commission 7i--(--‘1L:SONIA CAMPBELL, Chairperson 3 PLANNING COMMISSION RESOLUTION NO. 2551 CONDITIONS OF APPROVAL CASE NO. CUP 11-115 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. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force 3. 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 Public Works 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. 4. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. 5. The new six-foot high chain Zink fence cannot be located within the public right-of- way, without City Council approval. 6. 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: 2010 CALIFORNIA BUILDING CODE (Based on 2009 IBC) 2010 CALIFORNIA MECHANICAL CODE (Based on 2009 UMC) 2010 CALIFORNIA PLUMBING CODE (Based on 2009 UPC) 2010 CALIFORNIA ELECTRICAL CODE (Based on 2008 NEC) 2010 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency Standards) 2010 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2010 CALIFORNIA FIRE CODE 7. 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 PLANNING COMMISSION RESOLUTION NO. 2551 8. 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. 9. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals by the Department of Public Works. 10. A landscape plan must be submitted for review and approval. Applicants are advised to use the City of Palm Desert Design Guide when designing plans. Landscape plans must meet the following criteria: a. Must be water efficient in design and meet the City of Palm Desert's Water Efficient Landscape Ordinance. b. Planting plans must show location of proposed and existing utilities. c. Must match approved civil plans. d. All specs and details must be site specific. e. Applicants must have CVWD approval of their irrigation plans prior to City approval. 11. The approved landscape plan shall be maintained in perpetuity in accordance with the approved landscape document package. Any future landscape plans must be approved by the City. 5