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HomeMy WebLinkAboutRes No 2650PLANNING COMMISSION RESOLUTION NO. 2650 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO OPERATE A 42-BED ALCOHOL AND DRUG ABUSE RECOVERY/TREATMENT FACILITY WITHIN THE OFFICE PROFESSIONAL ZONE LOCATED AT 44-660 SAN PABLO AVENUE CASE NO: CUP 14-431 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of June 2015, hold a duly noticed public hearing to consider the request by Ferrigno, LLC and Maylar L.P. 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. 2014-41, in the Director of Community Development has determined that the proposed project is not considered a project of CEQA since staff is recommending denial 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 deny the said request: Findings for Denial: 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. Staff has determined that the proposed 42-bed alcohol and drug recovery facility based on consideration of the whole, does conflict with Chapter 25.25 Office Professional (O.P.) zone within the Palm Desert Municipal Code in regards to land use at this location. The proposed project is located in an on San Pablo Avenue, which is within the City's Commercial Core and is best suited for commercial or office use to support the surrounding area it is located in. Although group homes are listed as a conditional use in the O.P. zone, this specific location is not suited for any residential use that is not a mixed use project with commercial and office uses to support the San Pablo Avenue frontage. The residential uses as a conditional use must be a mixed use project with a combination of residential and professional office type uses that are compatible PLANNING COMMISSION RESOLUTION NO. 2650 with the uses in the vicinity. The intent is for a mixed use project where office uses are located on the ground floor and apartments and/or condominiums above. The residents could live and work in the same building or buildings, walk to College of the Desert, McCallum Theatre, Civic Center Park, the Aquatic Center, retail and restaurant uses in the area, Palma Village Park, and/or El Paseo. The intent of the zone to permit residential and office professional uses was not to allow an almost exclusively residential use. Thus, the proposed use is contrary to the purpose of the zoning ordinance as stated in PDMC 25.02.010.D: Ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial to the city as a whole. 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 not consistent with the intent of the City's Zoning Ordinance as described above. 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 use of a 42-bed sober living facility is not consistent with the intent of the City's Zoning Ordinance as described in the staff report. The nature of the proposed use is not compatible with surrounding land uses related to the commercial core. There are no variances or adjustments requested that could make this use compatible with the Zoning Ordinance. 4. That the proposed conditional use complies with the goals, objectives and policies of the City's General Plan. The current General Plan land use designation for the property is "High Density Residential R-H, 10-22 units per acre)." The High Density designation allows for attached single and multifamily dwellings, where smaller units and higher densities may be appropriate. Duplex and multiplex development is the most common and provides for a large range of residential types including apartments and condominiums. Any residential use that does not allow the residents to leave the facility and engage in the commercial core around San Pablo Avenue is not consistent with the Zoning Ordinance designation of O.P. The General Plan Land Uses Element of the General Plan states the vision is to have businesses, professional offices, and hotel uses fronting on main streets. San Pablo Avenue is a main street to the commercial core in Palm Desert and the property has been zoned O.P. that would allow residential uses as a mixed use. One of the primary objectives stated in the Land Use Element of the General Plan is assigned to lands that provide comparative advantages for office development, with use characteristics that enhance compatibility with residential and other sensitive land uses. Mixed Use development with professional offices 2 G:\Planning\Monica OReilly\Planning Commission\2015\Resolutions\Res. No. 2650 CUP 14-431 Rehab Facility.docx PLANNING COMMISSION RESOLUTION NO. 2650 and residential may also be permitted through approval of a conditional use permit. The Office Professional designation sets standards for businesses, offices, administrative or professional land uses, which are of low intensity, and are compatible with adjacent residential developments. 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 denial of CUP 14-431. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 16th day of June 2015, by the following vote, to wit: AYES: CAMPBELL, DE LUNA, PRADETTO, and STENDELL NOES: NONE ABSENT: GREENWOOD ABSTAIN: NONE K N TI DEL , CHAI'PERSON ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION 3 G:\Planning\Monica OReilly\Planning Commission \2015\Resolutions\Res. No. 2650 CUP 14-431 Rehab Facility.docx