HomeMy WebLinkAboutRes No 2587PLANNING COMMISSION RESOLUTION NO. 2587
CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW THE
OPERATION OF A CHURCH LOCATED IN A SERVICE INDUSTRIAL
ZONE AT 42-620 CAROLINE COURT, APN 634-260-028
CASE NO. CUP 12-188
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of August, 2012, hold a duly noticed public hearing to consider the request by
Providence Presbyterian Church for the above noted Conditional Use Permit; 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. 2012-20, in that the Director of Community Development has determined
that the project involves interior tenant improvements only and a change of use, which is
considered a Class 3 Categorical Exemption for purposes of CEQA and 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 to exist to justify approval of said
request:
A. Findings of Approval:
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 that is 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. All final
construction drawings illustrating interior tenant improvements require building code
compliance and inspection prior to tenant occupancy of the remodeled space. The
building code is written for the express purpose of protecting the health, safety, and
PLANNING COMMISSION RESOLUTION NO. 2587
welfare of the public. Parking is adequate for the proposed activity, and the number
of patrons 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 and specific provisions of the Zoning
Ordinance; the organization operates a religious -based use that operates
throughout the week with support staff only, and during weekend and evening
hours for large congregations when most adjacent businesses are closed. Existing
parking is adequate with adjacent property owner parking agreements and no
increase in use of public 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 68 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 compatible 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 with
respect to the appropriate use of a religious facility in the proposed location. The
proposed use is compatible with surrounding land uses, and is effectively located in
a building suite where it will not cause any disturbances to adjacent businesses,
provided that occupancy remains at the limits proposed.
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PLANNING COMMISSION RESOLUTION NO. 2587
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.
That approval of Conditional Use Permit 12-188 is hereby granted, subject to
the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on the 7th day of August, 2012, by the following vote, to wit:
AYES: CAMPBELL, DASH, DELUNA
NOES: NONE
ABSENT: LIMONT, TANNER
ABSTAIN: NONE
ATTEST:
URI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
CAMP
BELL,
SONIA CHAIRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2587
CONDITIONS OF APPROVAL
CASE NO. CUP 12-188
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file to
the Department of Community Development, 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. Providence Presbyterian Church shall have a maximum of 150 occupants at any one
time, subject to approval by the Director of Building and Safety. Occupancy loads
must be in compliance with Building and Safety and the Fire Department codes. Any
increase in an occupancy load beyond 150 people will require an amendment to the
Conditional Use Permit.
4. Revised and renewed parking agreements must be submitted to the Department of
Community Development for approval prior to their expiration on December 31,
2015, or approval of Conditional Use Permit 12-188 will expire. If expiration occurs,
applicant must file for a new Conditional Use Permit.
5. Assembly use of the space is limited to the time constraints below. Non -assembly
day to day activities associated with the use of the space is not limited to the time
constraints below. Note: Assembly defined as more than 15 persons occupying the
space at one time.
Day Purpose Time
Sunday Worship services 8:30 a.m. — 1:00 p.m.
Sunday Worship services 5:00 p.m. — 8:00 p.m.
Saturday (on occasion) Prayer services 9:00 a.m. — 12:00 p.m.
Weekly
Tue, Wed, or Thu (once a week) Bible Study 7:00 p.m. — 9:00 p.m.
Saturday (on occasion) Memorial Service 9:00 a.m. — 5:00 p.m.
Saturday (on occasion) Weddings 10:00 a.m. — 7:00 p.m.
Annually
Per calendar year
Per calendar year
Per calendar year
Good Friday
Christmas Eve
Christmas Day
6:00 p.m. — 8:00 p.m.
6:00 p.m. — 8:00 p.m.
8:30 a.m. — 12:00 p.m.
6:00 p.m. — 8:00 p.m.
6. Construction of a portion of said project shall commence within one year from the
date of final approval unless an extension of time is granted; otherwise said approval
shall become null, void and of no effect whatsoever.
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PLANNING COMMISSION RESOLUTION NO. 2587
7. 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.
8. 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:
Planning Department
Building and Safety Department
Fire 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.
Department of Building and Safety:
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 Plumbing Code and its appendices and standards.
C. 2010 California Mechanical 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. 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.
3. 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.
4. Address numerals 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 Ordinance 1217 or Municipal Code
Section 15.28 from the Department of Building and Safety counter staff.
5. Please contact Ms. Cherie Williams, Building & Safety Technician, at the
Department of Building and Safety (760-776-6420) regarding the addressing of all
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PLANNING COMMISSION RESOLUTION NO. 2587
buildings and/or sites.
6. Exit door shall swing in the direction of egress when serving a hazardous area or an
occupant Toad of 50 or more. The door shall swing to full -open position when an
opening force not exceed 30 pounds (133.45N) is applied to the latch side. CBC
Section 1008.1.2
7. Provide analysis to show compliance with minimum plumbing facilities for the
proposed project. CPC Section 412.0 and Table 4-1 As submitted the existing
facilities are deficient.
8. Due to the lack of information provided to fully demonstrate code compliance for this
project, additional corrections may become necessary upon submittal of such
information. CBC Section 107.1
Fire Department:
1. Provide fire sprinkler plans (required 3,000 square feet or more).
2. Provide fire alarm plans (early warning system suggested).
You have been released for a tenant improvement on an existing building. This is not
an occupancy permit. Prior to opening your business, you must contact the Fire
Marshal's office to schedule an appointment for Fire Life Safety inspection. You and
the contractor must be present at time of inspection.
It is prohibited to use/process or store any materials in this occupancy that would
classify it as "H" occupancy per Sec. 307 of the 2010 CBC.
All fire sprinkler systems, fixed fire suppression systems, and alarm plans must be
submitted separately for approval prior to construction. Subcontractors should
contact the Fire Marshal's Office for submittal requirements.
Applicant/Developer shall be responsible for installing a fire alarm system/sprinkler
system required 3,000 square feet or more. Plans must be submitted to the Fire
Marshal's Office prior installation.
Shelving, counters, etc., must be in place; however, no merchandise may be placed
in the building prior to inspection.
A minimum 2A10BC Fire Extinguisher, (State Fire Marshal Approved) must be
mounted in a visible location within 75 feet walking distance from any point in your
building or suite. Fire extinguishers can be installed by a licensed company with a
State Fire Marshal service tag attached to the extinguisher or purchased from a
retail store with the sales receipt attached. A licensed company must service
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PLANNING COMMISSION RESOLUTION NO. 2587
extinguishers yearly. All electrical breakers must be labeled, having a clearance of
not Tess than 36 inches and must be maintained around the panel at all times.
A durable sign stating "This Door to Remain Unlocked Whenever the Building is
Occupied" shall be in place on or adjacent to the front exit doors.
A supervised Knox box shall be required on all commercial buildings. Gates and
barriers/FD secondary access must be equipped with a Know key override or a Knox
pad lock.
The Fire Marshal's Office/City of Palm Desert job card, approved plans and
conditions letter must be at job site or NO inspection will be performed.
Any questions regarding the meaning of Fire Department conditions should be
referred to Mr. Steven Brooker or Mr. Neal Stephenson of the Palm Desert Fire
Marsha's office at (760) 346-1870, located at 73-510 Fred Waring Drive, Palm
Desert, CA 92260.
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