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HomeMy WebLinkAboutRes No 2553PLANNING COMMISSION RESOLUTION NO. 2553 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE A PRIVATE BANK FOR FIRST FOUNDATION IN THE PREVIOUSLY APPROVED NORWALK FURNITURE STORE BUILDING LOCATED AT 73-495 HIGHWAY 111. 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 First Foundation Bank 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 General Commercial zone. The project was approved for a furniture store, but the zone allows for commercial uses. The proposed location of the private bank is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. The type of business conducted at the proposed site is permitted in the Zoning Ordinance and the business activity with approximately five clients per day is minimal and would have minimal impacts on parking, traffic, and noise. Business hours are from Monday through Friday from 8:00 a.m. to 5:00 p.m. and are in accordance with other businesses in the area, and will provide a convenience to the nearby residents and employees. 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 private bank is permitted within the C-1 zone subject to a Conditional Use Permit (for parking) and is consistent with the intent of the City's Zoning Ordinance as described in the staff report. The proposed "First Foundation bank" business will meet all applicable requirements of the zoning ordinance PLANNING COMMISSION RESOLUTION NO. 2553 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. The site has already been developed and approved under Precise Plan 00- 15 for a furniture store. The proposed use is consistent with the intent of the Zoning Ordinance since it meets and/or exceeds the developed standards in the C-1 zone. The use of a private bank will operate during business hours and 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. This promotes a mixed, efficient use of the site within the C-1 zone. 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 "Community Commercial (C-C)': One of the primary objectives stated in the Land Use Element of the General Plan is the City is also home to a wide variety of small chain and independent retailers stores that have been successful despite the competition from larger retailers. The project furthers the objectives and policies of the General Plan and is compatible with the general land uses as specified in the General Plan. Goal 2 of the Commercial Goals, Policies, and Programs states, A pattern of commercial land uses conveniently and appropriately distributed throughout the City, meeting the community's needs while minimizing the disruption to or incompatibilities with other land uses. The proposed private bank meets the community's needs and does not separate or divide an existing commercial area. The private bank anticipates five to ten clients per day, minimizing the disruption to other surrounding businesses. 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 business and service within a commercial zone, which is compatible with the existing uses within the surrounding area, and offers an excellent service in a location that is convenient to the community NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 2 PLANNING COMMISSION RESOLUTION NO. 2553 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That the Planning Commission does hereby grant approval of Conditional Use Permit 11-140, 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, DASH, LIMONT AND TANNER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: LAUR1 AYLAIAN, Secretary Palm Desert Planning Commission 3 ONIA CAMPBELL, Chair rson PLANNING COMMISSION RESOLUTION NO. 2553 CONDITIONS OF APPROVAL CASE NO. CUP 11-140 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. Hours of operation are from 8:00 a.m. to 5:00 p.m. Monday through Friday. 6. The private bank shall have a maximum of 7 employees. 7. The private bank shall have a maximum of 10 clients per day. 8. Customers and employees are prohibited in parking their vehicles on the adjoining commercial property. 9. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals by the Public Works Department. 10. All conditions of approval from Resolution No. 2004 shall apply. 11. Any future general commercial use shall provide a minimum of 4 off-street parking spaces per 1,000 square feet of use or receive approval of a conditional use permit prior to approval of its use. 4 PLANNING COMMISSION RESOLUTION NO. 2553 12. 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 13. 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. 14. 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