HomeMy WebLinkAboutRes No 2552PLANNING COMMISSION RESOLUTION NO. 2552
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT TO OPERATE SAINT MARY MAGDALENE COPTIC
ORTHODOX CHURCH IN A SERVICE INDUSTRIAL ZONE
LOCATED AT 77-670 ENFIELD LANE, APN: 626-481-004.
CASE NO. CUP 11-167
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
St. Mary Magdalene Coptic Orthodox 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. 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 use. The
type of activity conducted at the proposed site is a community
resource to the public typically not favored in residential zones
but nearby, so it is appropriately located in this 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 conditional use permit does not alter the building
exterior; no impact to adjacent businesses is expected since all
activities occur indoors in a standalone building with the applicant
occupying the entire facility. All final construction drawings
illustrating interior tenant improvements require building code
compliance and inspection prior to tenant occupancy of the
remodeled space. Parking is adequate for the proposed activity,
number of staff and patrons anticipated.
PLANNING COMMISSION RESOLUTION NO. 2552
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 religious 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 religious 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 occupancy remains at the
limits proposed.
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.
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PLANNING COMMISSION RESOLUTION NO. 2552
2. That approval of Conditional Use Permit 11-167 is hereby granted, subject
to conditions attached.
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:
f i
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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SONIA CAMPBELL, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2552
CONDITIONS OF APPROVAL
CASE NO. CUP 11-167
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file
in 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. St. Mary Magdalene Coptic Orthodox Church shall have a maximum of 120
occupants at any one time. Occupancy loads must be in compliance with
Building and Safety and the Fire Department codes. Any increase in an
occupancy load beyond 120 people will require an amendment to the Conditional
Use Permit.
Amended Conditions added by the Planning Commission:
4. Parking for the proposed church use is limited to the off-street parking lot located
at 77-670 Enfield Lane and on -street parking as needed, not to exceed the
maximum occupant Toad.
5. An agreement must be obtained with the adjacent property owner to provide an
acceptable fence design in the rear of the property located at 77-650 Enfield
Lane for added security and safety. The fence will be designed and installed at
the church's expense.
6. A crosswalk shall be required to accommodate patrons using on -street parking;
the Director of Public Works will have final approval of this condition.
BUILDING AND SAFETY DEPARTMENT:
1. This project shall comply with the latest adopted edition of the following codes:
A. 2010 California Building Code and its appendices and standards
B. 2010 California Mechanical Code and its appendices and standards
C. 2010 California Plumbing Code and its appendices and standards
D. 2010 California Electrical Code
E. 2010 California Energy Code
F. Title 24, California Code Of Regulations
G. 2010 California Fire Code and its appendices and standards
2. Submit five complete sets of plans including the following:
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PLANNING COMMISSION RESOLUTION NO. 2552
A. Site/Plot Plan
B. Foundation Plan
C. Floor Plan
D. Ceiling and Roof Framing Plan
E. Electrical Plans (2 sets, detached) including the size of main switch,
number and size of service entrance conductors, panel schedules, and
single line diagrams
F. Plumbing and sewer plans, including isometrics, underground diagrams,
water and waste diagram, sewer or septic system location, fixture units,
gas piping, and heating and air conditioning.
3. A disabled access overlay of the precise grading plan is required to be submitted
to the Department of Building and Safety for plan review of the site accessibility
requirements as per 2010 CBC Chapters 11A and 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
11276.5 (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 supersede the State requirement.
6. Provide an accessible path of travel to the trash enclosure. The trash enclosure
is required to be accessible. Please obtain a detail from the Department of
Building and Safety.
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.
8. All contractors and/or owner -builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to issuance of a building permit per
California Labor Code, Section 3700.
9. Address numbers all shall comply with Palm Desert Ordinance No. 1217 (Palm
Desert Municipal Code 15.15 Compliance with Ordinance 1217 regarding street
address location, dimension, stroke of line, distance from street, height from
grade, height from street, etc. shall be shown on all architectural building
elevations in detail. Any possible obstructions, shadows, lighting, landscaping,
backgrounds or other reasons that may render the building address unreadable
shall be addressed during the plan review process. You may request a copy of
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PLANNING COMMISSION RESOLUTION NO. 2552
Ordinance 1217 or Municipal Code Section 15.28 from the Department of
Building and Safety counter staff.
10. Please contact Debbie Le Blanc, Land Management Specialist, at the
Department of Building and Safety (760-776-6420) regarding the addressing of
all buildings and/or suites.
11. Appears that the existing plumbing facilities do not meet the 2010 California
Plumbing Code for assembly use for minimum plumbing facilities required. Refer
to table 4-1 of the CPC.
12. The existing ADA restroom doors cannot swing out as this encroaches more than
one-half the required exit width of the corridor.
13. These are some of the preliminary comments and does not constitute a full
review for compliance with all the above mentioned codes.
PUBLIC WORKS DEPARTMENT:
1. The applicant shall limit improvements to those on the approved site plan.
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