HomeMy WebLinkAboutRes No 2619PLANNING COMMISSION RESOLUTION NO. 2619
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN AND
CONDITIONAL USE PERMIT FOR A HEALTH AND FITNESS SPA FOR
PETS AND THEIR OWNERS. THE PROJECT SCOPE INCLUDES SITE
AND LANDSCAPE IMPROVEMENTS, AND A 6,888-SQUARE-FOOT
BUILDING ADDITION WITH NEW ARCHITECTURAL ELEMENTS FOR
AN EXISTING BUILDING LOCATED AT 73-600 ALESSANDRO DRIVE
CASE NO: CUP 13-358
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 4th day of March 2014, hold a duly noticed public hearing to consider the request
by Prest Vuksic Architects 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. 2013-16, the Director of Community Development has determined that
the project will not have a negative impact on the environment and qualifies as a Class 1
Categorical Exemption for the purposes of CEQA; 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 the approval of
said request:
FINDINGS:
1. That the proposed location of the conditional use is in accord with the
objectives of the Zoning Ordinance and the purpose of the district in which the
site is located.
The site is located within the Residential Multiple Family (R-3) zoning district.
The purpose of the R-3 zoning district is to set development standards for the
allowance of various residential housing types at higher population densities,
and allow for limited commercial activities consistent with sound standards for
public health and safety. The proposal for a combined pet and human day
spa and health club is similar to a private club, which is listed as a conditional
use in the City's zoning ordinance. It can be determined that the approval of
this conditional use permit is consistent with previous uses of the site, is
consistent with the conditional permitted uses listed in the zoning district, and
conforms to all development standards contained in the zoning ordinance.
The type of business conducted at this site is compatible with adjacent
businesses and public facilities to the north, south, and west, and is
PLANNING COMMISSION RESOLUTION NO. 2619
compatible with residential property to the east, since the proposed use will
have minimal impacts on parking, traffic, and noise.
2. That the proposed location of the conditional use and the conditions under
which it would 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 is adjacent to properties zoned for both
residential and commercial/office use. The site, which was improved with a
building and parking lot, was originally developed in 1983 and has operated
as a commercial building since that time. The proposed improvements and
additions to the existing building, and site and landscape improvements
substantially improve the site's appearance and remove the current state of
disrepair and poor site conditions. Therefore, the conditional use, building,
site and landscape improvements will not be detrimental to public health,
safety, or welfare, and will enhance surrounding properties rather than detract
from them.
3. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
The proposed building additions and improvements comply with all applicable
development standards for building setbacks and height restrictions, parking
requirements, and operational standards contained in the zoning code. The
proposed use does not require approval of any variances or adjustment.
4. That the proposed conditional use complies with the goals, objectives, and
policies of the City's general plan.
Goal 1 of the City's General Plan's Goals and Polices section in the Land Use
Element states that the City shall provide "a pattern of commercial land uses
conveniently and appropriately distributed throughout the City, meeting the
community's needs while minimizing the disruption to or incompatibilities with
other land uses." The proposed use provides a recreational and health uses
that provide a specialty service within a mixed use commercial and residential
area.
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 approve Conditional Use Permit
13-358, subject to conditions attached.
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PLANNING COMMISSION RESOLUTION NO. 2619
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the
Palm Desert, California, at its regular meeting held on this 4th day of March 2014, by
the following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, and STENDELL
NOES: NONE
ABSENT: GREENWOOD
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
ROGER DASH, CHAIRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2619
CONDITIONS OF APPROVAL
CASE NO. CUP 13-358
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, as modified by the following conditions.
2. Any proposed changes to this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
3. The hours of operation for Venus De Fido shall be from 7:00 a.m. to 9:00 p.m.
Monday through Sunday. An attendant for the interior dog areas must be present at
all times.
4. Construction 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.
5. The applicant shall submit a photometric plan and provide details for the proposed
lighting fixtures in the parking areas and around the site to the Community
Development Department prior to issuance of a building permit. Pole lighting will not
be permitted along the eastern property line of the site.
6. The overnight boarding of animals at the site is prohibited.
7. No veterinary services are to be provided at the site. Pet grooming and cleaning are
permitted.
8. Pet waste is to be handled appropriately and in a manner that minimizes obnoxious
smells. Pet wastes shall be removed daily. The site shall be patrolled daily with all
pet waste removed from landscape and parking areas.
9. Should any plant material be damaged due to outdoor activity of an animal that plant
material shall be replaced in -kind immediately.
10. Limited outdoor activities shall occur in the parking and landscaped areas of the site.
Pet activities are to be limited to the interior play areas identified in the plans.
11. The applicant shall apply for a Temporary Use Permit for all special events that are
not limited to the interior of the building.
Department of Public Works:
1. Assist/cooperate with the City to vacate a portion of existing right of way along San
Carlos Avenue to the approval of the City Engineer.
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PLANNING COMMISSION RESOLUTION NO. 2619
2. A parcel map waiver for lot line adjustment shall be submitted for review and
approval to create a single parcel prior to grading permit issuance.
3. Submit a grading plan to the Department of Public Works for review and approval. Any
changes to the approved civil or landscape plans must be reviewed for approval prior
to work commencing.
4. The proposed colored concrete sidewalk is located within the public right-of-way.
Prior to the installation of sidewalk in the right-of-way, the City of Palm Desert
requires that the property owner fill out an encroachment permit application and
execute and have notarized an Indemnification and Hold Harmless Agreement; that
the owner provide acceptable proof of insurance coverage for the improvement; and
that all documents be recorded by the Riverside County Clerk -Recorder.
5. The grading plan shall identify all proposed and existing utilities.
6. Submit a PM10 application for approval. The applicant shall comply with all provisions
of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control.
7. The applicant shall submit a landscape plan concurrently with the precise grading plan
for review and approval. Applicants are advised to use the City of Palm Desert Design
Guide when designing plans. Landscape plans must meet the following criteria:
a. Must be water efficient in design and meet the City of Palm Desert's Water
Efficient Landscape Ordinance.
b. Planting plans must show location of proposed and existing utilities.
c. Must match approved civil plans.
d. All specs and details must be site specific.
e. Applicants must have CVWD approval of their irrigation plans prior to City
approval.
f. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
8. Dedicate pedestrian sidewalk easements as may be necessary to accommodate ADA
accessibility along Alessandro Drive and San Carlos Avenue.
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.
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PLANNING COMMISSION RESOLUTION NO. 2619
f. 2010 California Green Building Standards Code
g. Title 24, California Code of Regulations.
h. 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 Department 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 &
11276.1)
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 Department 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 Workers'
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. FIRE FLOW - The Fire Department is required to set a minimum fire flow for the
remodel or construction of all commercial buildings in accordance with the California
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PLANNING COMMISSION RESOLUTION NO. 2619
Fire Code and Palm Desert Municipal Code. A fire flow of 3000 gpm for a 1 hour
duration at 20 psi residual operating pressure must be available before any
combustible material is placed on the job site. (General Condition)
2. FIRE SPRINKLER CERTIFICATION - A five-year fire sprinkler service and
certification for the existing fire sprinkler system is required per Title 19. A licensed
C-16 contractor must complete the servicing and certification. Documentation of
completed work must be submitted to the Palm Desert Fire Marshal's office. The
maintenance records for the fire sprinkler system must be available on -site for
review by Fire Marshal's office Inspector/personnel. (General Condition)
3. FIRE SPRINKLER MAINTENANCE - The maintenance records for the fire sprinkler
system shall be submitted for review and any deficiencies shall be repaired prior to
fire sprinkler fire. (General Condition)
4. HAZARDOUS MATERIALS - Applicant/developer shall be responsible for obtaining
permits from the Fire Marshal's office for the storage, dispensing or use of any
hazardous materials, flammable or combustible liquids in accordance with the
California Fire Code. Plans and specification sheets must be submitted to the Fire
Marshal's office for review and approval prior to installation. A chemical
analysis/classification report by a Fire Department approved independent consultant
may be required for plan review. The Palm Desert Fire Marshal's office may require
an approved Hazardous Materials Management Plan or Hazardous Materials
Inventory Statement as a part of the permit. (General Condition)
5. GATES - Gate openings shall be as wide as the minimum 20 foot required width of
the access lane(s) entering and exiting the development. Gates shall be located at
least 35 feet into the development property to allow a vehicle to stop without
obstructing traffic on the road. (General Condition)
6. CONSTRUCTION ADDRESS - The site address shall be clearly posted at the job
site entrance during construction. This will enable incoming emergency equipment
and inspectors to locate the job site from the assigned street. Numbers shall be a
minimum of 24 inches in height. (General Condition)
7. PROHIBITING HAZARDOUS MATERIALS - It is prohibited to use/process or store
any hazardous material in this occupancy that would exceed the maximum allowable
quantities in the California Building Code and/or California Fire Code. Any change to
the use, process, and quantities or to the type of hazardous materials shall be
approved by Palm Desert Fire Marshal's office. Submittal of hazardous material
classification and quantification report and plans will be required. A change of the
above or reclassification of an occupancy type to an "H" occupancy will required a
full plan submittal to the Building and Fire Marshal's office. (General Condition)
8. ROOFING - All buildings shall be constructed with Class B roofing material as per
the California Building Code. (General Condition)
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PLANNING COMMISSION RESOLUTION NO. 2619
PRIOR TO BUILDING PERMIT ISSUANCE
1. REVIEW FEE - Building/Tenant Improvement plans have been reviewed; however, a
separate plan check fee shall be paid to the City of Palm Desert, at the Building
Department counter, at time of pick-up. (Prior to Building Permit Issuance)
PRIOR TO BUILDING FINAL INSPECTION
1. INSTALL FIRE SPRINKLERS - The fire sprinkler system within the building or tenant
space was approved for the original layout and commodities of the original or a past
occupancy. The sprinkler system will need to be modified and designed in
accordance with adopted standards. A licensed C-16 contractor shall do all sprinkler
work and/or certification. Plans shall be submitted to the Fire Marshal's office for
review and approval prior to installation. (Prior to building final inspection)
2. EXISTING FIRE SPRINKLERS - A five year sprinkler service and certification for the
existing sprinkler system is required per Title 19. A licensed C-16 contractor must
complete the servicing and certification. Documentation of completed work must be
submitted to the Fire Marshal's office. The maintenance records for the sprinkler
system must be available on -site for review by a Fire Marshal's office Inspector.
(Prior to building final inspection)
3. WATER FLOW MONITORING - Install an alarm monitoring system for fire sprinkler
system(s) with 20 or more heads. Valve monitoring, water -flow alarm and trouble
signals shall be automatically transmitted to an approved central station, remote
station or proprietary monitoring station in accordance with California Building Code,
California Fire Code and adopted standards. An approved audible sprinkler flow
alarm shall be provided on the exterior in an approved location. A C-10 licensed
contractor must submit plans designed in accordance with adopted standards to the
Fire Marshal's office for review and approval prior to installation. (Prior to building
final inspection)
4. FIRE ALARM - Install a manual and/or automatic fire alarm system as required by
the California Building Code, California Fire Code and designed in accordance with
adopted standards. A C-10 licensed contractor must submit plans to the Fire
Marshal's office for review and approval prior to installation. Guideline handouts are
available from the Fire Marshal's office. (Prior to building final inspection)
5. EXISTING FIRE ALARM - The existing fire alarm system shall be modified to
provide proper coverage as required by the California Building Code, California Fire
Code and adopted standards. A C-10 licensed contractor must submit plans to the
Fire Marshal's office for review and approval prior to installation. (Prior to building
final inspection)
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PLANNING COMMISSION RESOLUTION NO. 2619
6. PORTABLE FIRE EXTINGUISHERS - Install a portable fire extinguisher, with a
minimum rating of 2A10BC, for every 75 sq. ft and/or feet of travel distance in
warehouse and/or work areas. Fire extinguishers shall be mounted no higher than 5
ft. above finished floor, measured to the top of the extinguisher. Where not readily
visible, signs shall be posted above all Extinguishers to indicate their locations.
Extinguishers must have current CSFM service tags affixed or be within one year
from the date of manufacture. (Prior to building final inspection)
7. EXITS - Exit signs, exit marker and exit path markings shall be installed per the
California Building Code. (Prior to building final inspection)
8. EGRESS HARDWARE - All egress door hardware shall comply with the California
Building Code. (Prior to building final inspection)
9. GATES - Gate(s) shall be automatic or manual operated. Install Knox key operated
switches with dust cover, installed mounted as recommended by the Knox
Company. Plans must be submitted to the Palm Desert Fire Marshal's office for
approval of mounting location/position and/or operating standards. Special forms are
available from this office for ordering the Key Switch. (Prior to building final
inspection)
10. KNOX - A rapid entry Knox Box shall be installed on the outside of the building. If the
building/facility is protected with a fire alarm or burglar alarm system, it is
recommended that the lock box be "tamper" monitoring. Special forms are available
from this office for ordering the Knox Box. (Prior to building final inspection)
11. KNOX TI - Provide keys to the tenant space for inclusion in the main building Knox
Box. Key(s) shall have durable and legible tags affixed for identification of the
correlating tenant space. (Prior to building final inspection)
12. FIRE LANES - Applicant/developer shall prepare a site plans designating required
fire lanes with appropriate lane paintings and/or signs. Plans must be submitted to
the Fire Marshal's office for review and approval. (Prior to building final inspection)
13. EXISTING FIRE LANES - Existing fire lanes shall be maintained and additional fire
lanes may be required. Contact the Fire Marshal's office for guidance and any plan
requirements. (Prior to building final inspection)
14. EVACUATION PLAN - Applicant/developer must submit an emergency evacuation
plan to the Palm Desert Fire Marshal's office for review and approval prior to
installation. Evacuation plan(s) must be posted in the building at locations approved
by the Fire Marshal's office. (Prior to building final inspection)
15.ADDRESS - Display street numbers in a prominent location on the address side of
building(s) and rear access if applicable. Numbers and letters shall be in accordance
with the Palm Desert Municipal Code Chapter 15.28 Table 15.28.020A. All
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PLANNING COMMISSION RESOLUTION NO. 2619
addressing must be legible, of a contrasting color with the background and
adequately illuminated to be visible from the street at all hours. All lettering shall be
to Architectural Standards. (Prior to building final inspection)
16. DOORS LABELS - Applicable room door(s) shall be posted "ELECTRICAL,"
"FACP," "FIRE RISER," and "ROOF ACCESS" on the outside of the door so it is
visible and in a contracting color. (Prior to building final inspection)
17.0CCUPANCY LOAD - Room occupancy load, as approved by the Building Official,
shall be posted in a conspicuous place near the main exit from the room(s). The
location shall be approved by the Palm Desert Fire Marshal's office. Posting shall be
by means of an approved durable sign having a contrasting color from the
background to which it is attached. The owner shall maintain signs in a legible
manner. No person shall deface, remove or change the occupant load on the sign
except as authorized by the Building Official and/or Fire Marshal's office. (Prior to
building final inspection)
18. SUBJECT TO FIELD INSPECTION - Nothing in our review shall be construed as
encompassing structural integrity. Review of this plan does not authorize or approve
any omission or deviation from all applicable regulations. Final approval is subject to
field inspection.
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