HomeMy WebLinkAboutRes No 2611PLANNING COMMISSION RESOLUTION NO. 2611
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT (CUP) TO ALLOW AN OFFICE AND ART/GIFT STORE WITHIN
THE VENTURE COMMERCE CENTER LOCATED AT 73-700 DINAH
SHORE DRIVE, SUITES 201 AND 202, IN THE SERVICE INDUSTRIAL
ZONE
CASE NO: CUP 13-189
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17th day of September 2013, hold a duly noticed public hearing to consider the request
by William and Nadine Delany 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." The type of
business conducted at the proposed site is minimal during adjacent business
hours and would have minimal impacts on parking, traffic, and noise. Other
businesses within the Venture Commerce Center allow for customer walk-ins.
PLANNING COMMISSION RESOLUTION NO. 2611
The proposed retail sales of art work and gifts would be based on
appointment only. The proposed use is in accordance with the objectives of
the zoning ordinance.
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 project as a conditional use is consistent with the intent of the
City's Zoning Ordinance as described above. The project will not physically
divide an established business park center. The proposed project does not
pose a conflict in regards to land use.
The site has been previously designed to meet setbacks, lot coverage,
building height, land use, and parking requirements for office type uses. The
proposed use 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 office and art/gift
store will also conform to all Building & Safety requirements under Title 24.
Therefore, the suites will be safe to occupy and not pose a threat to health
and safety.
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 04-33 as four 16,473-square-foot light industrial buildings.
The proposed use is consistent with the intent of the zoning ordinance since it
meets and/or exceeds the developed standards in the S.I. zone. The proposed
use 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 & Safety 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
G:\Planning\Monica OReilly\Planning Commission\2013\Resolutions\Res. No. 2611 Delaney -Antiques & Gifts Store.docx
2
PLANNING COMMISSION RESOLUTION NO. 2611
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.
The non -industrial use of retail sales is on an appointment only schedule, and
will not create traffic, noise, and parking impacts. The proposed use will be
using the same built improvements, rather than constructing new ones that
would be used a small percentage of time.
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.
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-
189, subject to conditions.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 17th day of September
2013, by the following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
� -7(°iM
NANCY DE
ATTEST:
rG2 G.Cf-
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
1
NA, CHAIRPERSON
G:\Planning\Monica OReilly\Planning Commission \2013\Resolutions\Res. No. 2611 Delaney -Antiques & Gifts Store.docx
3
PLANNING COMMISSION RESOLUTION NO. 2611
CONDITIONS OF APPROVAL
CASE NO: CUP 13-189
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:
Coachella Valley Water District
Building & Safety Department
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 hours of operation are from 10:00 a.m. to 6:00 p.m. Monday through Sunday.
9. No more than two employees working at one-time.
G:\Planning\Monica OReilly\Planning Commission\2013\Resolutions\Res. No. 2611 Delaney -Antiques & Gifts Store.docx
4
PLANNING COMMISSION RESOLUTION NO. 2611
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. 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 11 A & B (as applicable) and Chapter 10.
12. An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1217.
13. The Traffic Uniform Mitigation Fees (TUMF) must be paid at time of issuing the
building permit.
14. All exits must provide an accessible path of travel to the public way. (CBC 1024.6 &
1127B.1)
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
G:\Planning\Monica OReilly\Planning Commission\2013\Resolutions\Res. No. 2611 Delaney -Antiques & Gifts Store.docx
5