HomeMy WebLinkAboutRes No 2602PLANNING COMMISSION RESOLUTION NO. 2602
CONSIDERATION OF A CONDITIONAL USE PERMIT TO OPERATE A
TUTORING/THERAPY FACILITY USING PHYSICAL ACTIVITY AND
TALK THERAPY IN AN EXISTING SERVICE INDUSTRIAL ZONE
LOCATED AT 74-894 LENNON PLACE, SUITE A-1, APN 624-290-016
CASE NO. CUP 13-122
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of May, 2013, hold a duly noticed public hearing to consider the request by the
Teresa Adams 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 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 other zones due to the physical activity component which may be
disturbing to other type of business' concentration, 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
the proposed suite. 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 anticipated clients.
PLANNING COMMISSION RESOLUTION NO. 2602
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 tutoring and therapy based use that operates during
evening hours during the school year when most adjacent businesses are
closed and throughout the day during normal business hours in the summer.
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 tutoring/therapy facility in the proposed
location. The business is compatible with surrounding land uses, and is located
in a multi -tenant structure where it will not cause any disturbances to adjacent
businesses.
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PLANNING COMMISSION RESOLUTION NO. 2602
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 13-122 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 May, 2013, by the following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
AURI AYLAIAN, SECRETARY -----
PALM DESERT PLANNING COMMISSION
NANCY DUNA, CHAIRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2602
CONDITIONS OF APPROVAL
CASE NO. CUP 13-122
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 tutoring/therapy shall conform with the time and
occupancy constraints below:
(Based on DSUSD
School Calendar)
4:OOp.m. to 10:OOp.m.
8:00a.m. to 6:OOp.m.
School Year
Monday - Friday
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none
School Year
Saturday - Sunday
none
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Summer Sunday -
Saturday
None after 6:OOp.m.
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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.
2. An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1217.
3. 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.
4. All exits must provide an accessible path of travel to the public way. (CBC 1024.6
& 1127B.1)
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PLANNING COMMISSION RESOLUTION NO. 2602
5. 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.
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 Dept 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 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. The Traffic Uniform Mitigation Fees (TUMF) may be required based on change of
use of existing space to new use and must be paid at time of issuing the building
permit.
11. 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. Applicant shall submit tenant improvement plans along with the current plan check
fees to the City of Palm Desert Fire Marshal's office for review and approval.
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