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HomeMy WebLinkAboutRes No 2666PLANNING COMMISSION RESOLUTION NO. 2666 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, CONSIDERING ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVAL OF A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT AN 80-FOOT DIAMETER MULTI- USE PAVILION STRUCTURE TO BE USED FOR SPECIAL EVENTS AT THE ENTRADA DEL PASEO PROPERTY LOCATED AT 72-565 HIGHWAY 111 CASE NO: CUP 16-25 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 15th day of March, 2016, hold a duly noticed public hearing to consider the request by the City of Palm Desert, for approval of the above noted project request; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, the Director of Community Development has determined that the proposed project request is categorically exempt under Article 19 Section 15332 In -Fill Development Projects (Class 32) of the CEQA; therefore, no further environmental 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, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify the approval of 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 the site is located. The site is located within the Office Professional (O. P.) zoning district. The property was approved under a master plan called Entrada del Paseo. The master plan allowed for office uses, restaurants, City's Visitor Center, and open space areas for residents and tourists to enjoy. The use of a multi -use pavilion structure for special events is subject to the review of a CUP to ensure there is adequate parking and land use compatibility with the surrounding businesses and properties. It can be determined that the approval of this CUP is consistent with the existing surrounding land uses and with the on -site parking demand. The proposed type of business conducted at this site will be compatible with the surrounding businesses and residential homes. 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 with similar land uses including commercial uses. The site, which was improved with buildings and a parking lot, has operated with restaurants, City's Visitor Center, Palm Springs Art Museum in Palm PLANNING COMMISSION RESOLUTION NO. 2666 Desert, and office uses. The proposed pavilion structure and minor site improvements will comply with all building, life safety and environmental standards during construction and continued operations, including: health licensing and fire prevention strategies. All building and site improvements will comply with the Americans with Disabilities Act (ADA). Therefore, the conditional use, 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 conditional use complies with all applicable development standards for building setbacks and height restrictions, and operational standards contained in the zoning code. Based on the pavilion only being utilized for special events, staff believes that there is adequate parking available, and the use will not create a public nuisance. 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. The General Plan Land Use designation for the site is "Office Professional (C-O.P.)." 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 commercial uses, hotels, professional offices and residential may also be permitted through approval of an integrated master plan. The Office Professional designation sets standards for businesses, which are of low intensity, and are compatible with adjacent residential developments. The property was approved under the master plan Entrada del Paseo and the use of the pavilion structure only being utilized for special events would be an appropriate integration of neighborhood, since it is a low intensity use. Goal 2 of the Commercial Land Use Goals and Policies states "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 would provide a place for residents and visitors to gather a few times a year and would complement the other businesses in the vicinity. The use would be an appropriate integration of neighborhood, residential -serving services within easy walking distance of homes to the south and west. 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 approve the project as proposed, subject to conditions. PLANNING COMMISSION RESOLUTION NO. 2666 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 15th day of March, 2016, by the following vote, to wit: AYES: CAMPBELL, DE LUNA, GREENWOOD, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION L (OHN GRE +OOD, C ;IRPER•ON PLANNING COMMISSION RESOLUTION NO. 2666 CONDITIONS OF APPROVAL CASE NO: CUP 16-25 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. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to the approved project and all Palm Desert 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 or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire 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. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. 5. A Facilities Use Permit must be approved for each special event. 6. All alcohol sales and consumption must be approved by the City Manager under the Facilities Use Permit. PUBLIC WORKS DEPARTMENT: 7. 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. 8. Identify all proposed and existing utilities on the grading plan. 9. 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. 10. Abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20, Stormwater Management and Discharge Ordinance. PLANNING COMMISSION RESOLUTION NO. 2666 11. 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. BUILDING AND SAFETY DEPARTMENT: 12. This project shall comply with the latest adopted edition of the following codes: A. 2013 California Building Code and its appendices and standards. B. 2013 California Plumbing Code and its appendices and standards. C. 2013 California Mechanical Code and its appendices and standards. D. 2013 California Electrical Code. E. 2013 California Energy Code. F. 2013 California Green Building Standards Code. G. Title 24 California Code of Regulations. H. 2013 California Fire Code and its appendices and standards. 13. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 14. 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 2013 CBC Chapters 11A & B (as applicable) and Chapter 10. 15. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11B- 206) 16. Detectable wamings shall be provided where required per CBC 11B-705.1.2.5 and 11B- 705.1.2.2. 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. 17. 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. 18. 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. 19. 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.