HomeMy WebLinkAboutRes No 2604PLANNING COMMISSION RESOLUTION NO. 2604
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT (CUP) TO ALLOW ROVER ARMSTRONG A.P.C. TO CONVERT
2,370 SQUARE FEET OF STORAGE/WAREHOUSE SPACE INTO
OFFICE USE WITHIN AN EXISTNG 8,619-SQUARE-FOOT OFFICE
BUILDING LOCATED AT 75-100 MEDITERRANEAN IN THE SERVICE
INDUSTRIAL ZONE
CASE NO: CUP 13-98
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 18th day of June 2013, hold a duly noticed public hearing to consider the request
by R.A. Desert Properties, LLC for approval of the above noted; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the
City must determine whether a proposed activity is a project subject to CEQA. If the
project is subject to CEQA, staff must conduct a preliminary assessment of the project
to determine whether the project is exempt from CEQA review. If a project is not
exempt, further environmental review is necessary. Further review from a non-exempt
project would result in a Negative Declaration, a Mitigated Negative Declaration or an
Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project
may have a significant impact on the environment. The 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 the Director of
Community Development has determined that the proposed project is a Class 3: New
Construction or Conversion of Small Structures (15303) Categorical Exemption for
purposes of CEQA and no further review 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 approve the said
request:
Findings for 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. Chapter 25.34 Service
Industrial District, Section 25.34.020 Permitted uses, L. states, "The Planning
Commission may, by resolution; permit other uses which are similar and no
more objectionable than those enumerated in this section." Since August 6,
2012, Rover Armstrong A.P.C. has occupied the property as a law office. The
proposed 2,370-square-foot office expansion is similar in the type of business
PLANNING COMMISSION RESOLUTION NO. 2604
conducted at the site and hours of operation would have minimal impacts on
parking, traffic, and noise. The current office building and other office facilities
that are similar in size are located within the Service Industrial zones within
the City, and have not adversely impacted other businesses. The proposed
office expansion is no more objectionable than public utility and/or public
service facilities which are allowed by right in the zone, and therefore is in
accordance with the objectives of the zoning ordinance and purpose of the
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 site has been previously designed to meet setbacks, lot coverage,
building height, land use, and parking requirements for office type uses. The
proposed 2,370-square-foot office expansion would not create a public
nuisance in terms of noise and parking shortages. Therefore, the use would
not be detrimental to the public interest, health, safety, welfare, and materially
injurious to properties in the vicinity as described in more detail in the staff
report. The 2,370-square-foot office expansion will also conform to all
Building & Safety requirements of the State of California for licensing.
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 property is located in the Service Industrial zone and the project complies
with all provisions of the base zone. The site has already been developed and
approved under PP 90-12 allowing the construction of an 8,619-square-foot
office/storage building. The proposed use is consistent with the intent of the
zoning ordinance since it already exists and meets and/or exceeds the
developed standards in the S.I. zone. The 2,370-square-foot office expansion
will operate during regular 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 and the Fire Department conditions.
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 "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
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PLANNING COMMISSION RESOLUTION NO. 2604
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 comparative with surrounding land uses.
The Circulation Element of the General Plan is meant to address and ensure
that transportation issues are addressed in a manner that limits adverse and
enhances positive impacts, and to assure that local traffic stays local. The
Circulation Element also establishes and directs actions to maintain acceptable
levels of service on all community roadways. A goal of the City is to carefully
review projects to assure neighborhood character is protected.
The Planning Commission approved PP 90-12 allowing the construction of an
8,619-square-foot office/storage building. The building has operated as a call
center, which is a high -intensity use. The current law office and the proposed
2,370-square-foot office expansion is suited at this site since the use already
occurs and has shown that it is compatible use. The 2,370-square-foot office
expansion is using the same built improvements, rather than constructing new
ones that would be used a small percentage of time. The office expansion is an
industrial zone and would protect residential neighborhoods from traffic, noise,
and parking impacts.
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 the proposed location. The business is
compatible with surrounding land uses, and offers an excellent service to the
community.
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.
2. That the Planning Commission does hereby recommend approval of CUP 13-
98, subject to conditions.
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PLANNING COMMISSION RESOLUTION NO. 2604
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 18th day of June 2013, by
the following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
NANCY DNA, CHAIRPERSON
ATTEST:
U
TONY BAGATO, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2604
CONDITIONS OF APPROVAL
CASE NO: CUP 13-98
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.
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:
Coachella Valley Water District
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented to
the Department of Building & Safety at the time of issuance of a building permit for
the use contemplated herewith.
4. All conditions of approval shall be recorded with the Riverside County Clerk's office
before any building permits are issued. Evidence of recordation shall be submitted
to the Department of Community Development/Planning.
5. Applicant shall defend, indemnify and hold harmless the city against any third party
legal challenge to these approvals, with counsel chosen by the city at applicant's
expense.
6. Any proposed change of this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
7. Improvements that are not on the approved site plan may be subject to additional
requirements and plan submittals by the Public Works Department.
8. The applicant is approved to convert and lease 2,370 square feet of storage space
into low -intensity 10 office cubicles.
9. The applicant will occupy no more than 8,619 square feet of the building for office
use.
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PLANNING COMMISSION RESOLUTION NO. 2604
10.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. 2010 California Green Building Standards Code
G. Title 24, California Code of Regulations.
H. 2010 California Fire Code and its appendices and standards.
11.An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1217.
12.A disabled access overlay of the site 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.
13.AII exits must provide an accessible path of travel to the public way. (CBC 1024.6 &
1127B.1)
14.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.
15. 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.
16.AII contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm desert Municipal Code, Title 5.
17.AII 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.
18.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.
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