HomeMy WebLinkAboutRes No 2591PLANNING COMMISSION RESOLUTION NO. 2591
CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW A
NON-PROFIT ORGANIZATION TO OPERATE A BRIDGE CARD -
PLAYING FACILITY IN A PLANNED COMMUNITY DEVELOPMENT
LOCATED AT 75-410 GERALD FORD DRIVE, SUITE 401, APN: 694-160-
004
CASE NO. CUP 12-233
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 4th day of September, 2012, hold a duly noticed public hearing to consider the request
by the Coachella Valley Bridge Foundation 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. 2012-20 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 Planned Community Development zone. One of the
purposes of this district is to provide criteria for the inclusion of the compatible
uses designed to service the residential developments within the community. The
type of activity conducted at the proposed site is a community resource that
requires a high amount of public parking at specific times, so it is appropriately
located in this Planned Community Development 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
welfare of the public. Parking is adequate for the proposed activity, and the number
of patrons anticipated. A staff approved parking plan will be required to illustrate
that sufficient parking spaces remain available adjacent to existing tenant suites.
PLANNING COMMISSION RESOLUTION NO. 2591
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 non-profit organization operates a community program throughout
the week and weekend, except during the morning and evening hours on Sundays
when the facility is closed to classes. The use will comply with applicable provisions
of the Planned Community Development zone, including density, building
coverage, open space, and utilities all of which are unchanged by this tenant
improvement project. Existing parking is adequate within the shared parking lot 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 community based 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 times and limits
proposed.
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PLANNING COMMISSION RESOLUTION NO. 2591
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 12-233 is hereby granted, subject to
conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 4th day of September, 2012, by the following vote,
to wit:
AYES: CAMPBELL, DASH, DE LUNA, LIMONT, and TANNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, SECRETAR
PALM DESERT PLANNING COMMISSION
z "(
SONIA CAMPBELL, CHAIRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2591
CONDITIONS OF APPROVAL
CASE NO. CUP 12-233
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 Coachella Valley Bridge Foundation shall conform with the
time and occupancy constraints below, Monday through Sunday. Typical
administrative work and clean-up, not exceeding 10 persons, may be conducted
within the facility from 8:00 a.m. until 10:30 p.m. during non -game hours.
9:00 to 11:30 a.m.
1:00 to 4:30 p.m.
6:30 to 9:30 p.m.
Monday
80
332
60
Tuesday
80
332
60
Wednesday
80
332
60
Thursday
80
332
60
Friday
80
332
60
Saturday
80
332
None
Sunday
None
332
None
4. Applicant in conjunction with the landlord shall submit a parking plan for final staff
approval to mitigate any concerns that may arise from congested parking during
game times in front of adjacent tenant businesses on -site.
5. The parcel/building owner will submit to the Planning Department written
confirmation that extra parking will be provided off -site should the need arise due to
parking congestion on -site. Off -site parking on adjacent unimproved lots will need to
meet City of Palm Desert Municipal Code Requirements.
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 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.
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PLANNING COMMISSION RESOLUTION NO. 2591
2. A disabled access overlay of the precise grading plan is required to be submitted to
the Dept of Building and Safety for plan review of the site accessibility requirements
as per 2010 CBC Chapters 11A & B (as applicable) and Chapter 10.
3. All exits must provide an accessible path of travel to the public way. (CBC 1024.6 &
1127B.1)
4. Detectable warnings shall be provided where required per CBC 1133B.8 and
1127B.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.
5. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Dept of Building and
Safety.
6. Provide analysis to show compliance with minimum plumbing facilities for the
proposed project. CPC Section 412.0 and Table 4-1 Total occupant load as
delineated is 336/2=168. With 168 for men and 168 for women, the existing facilities
are deficient.
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 the issuance of a building permit per
California Labor Code, Section 3700.
9. 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.
10. Please contact Cherie Williams, Building and Safety Technician, at the Department
of Building and Safety (760-776-6420) regarding the addressing of all buildings
and/or suites.
FIRE DEPARTMENT:
1. Prior to opening your business, you must contact the Fire Marshal's office to
schedule an appointment for a fire Life Safety inspection.
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PLANNING COMMISSION RESOLUTION NO. 2591
2. 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 2007 CBC.
3. A minimum 2A1OBC Fire Extinguisher, (State Fire Marshal Approved) must be
mounted in a visible location within 75' 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
extinguishers yearly. All electrical breakers must be labeled, having a clearance of
not less than 36" and must be maintained around the panel at all times.
4. A durable sign stating "This Door to Remain Unlocked Whenever the Building is
Occupied" shall be placed on or adjacent to the front exit doors. The sign shall be in
letters not Tess than one inch high on a contrasting color background.
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