HomeMy WebLinkAboutRes No 2677PLANNING COMMISSION RESOLUTION NO. 2677
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, AND APPROVING A NEW 20,429-SQUARE-FOOT PET HOTEL
BUILDING AND A BUILDING PAD TO ACCOMMODATE A FUTURE 2,200-
SQUARE-FOOT VETERINARIAN'S OFFICE WITHIN THE SERVICE
INDUSTRIAL ZONE LOCATED AT 73-650 DINAH SHORE DRIVE
CASE NO: PP/CUP 16-178
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
6th day of September, 2016, hold a duly noticed public hearing to consider the request by
Marlorkand, LLC. for approval of the above noted; and
WHEREAS, the Architectural Review Commission of the City of Palm Desert,
California, did on the 26th day of July, 2016, hold a duly noticed public hearing to consider the
request by Marlorkand, 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. The application has complied with the requirements of
the "City of Palm Desert Procedure for Implementation of the California Environmental Quality
Act," Resolution No. 2015-75, in the Director of Community Development has determined that
the proposed project is an Article 19 Class 32: In -Fill Development Projects (15332)
Categorical Exemption for purposes of CEQA and no further review is necessary; and
WHEREAS, the proposed project conforms to the development standards and
maximum building heights listed in the City's Zoning Ordinance for the Service Industrial
zoning district; and
WHEREAS, the parcel is located within the Service Industrial zoning district, which
allows various types of uses and lists "boarding facilities" as conditionally permitted uses;
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, which are outlined in the staff report reasons 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 the site is located.
The site is located within the Service Industrial (S.1.) zoning district. The purpose of
the S.1. zoning district is to allow for the manufacture, distribution, and service of
PLANNING COMMISSION RESOLUTION NO. 2677
products intended for use with the City and uses that are consistent with the
residential, resort, and recreational character of the community. Over the years, staff
has allowed non retail commercial uses within the S.I. zone as long as they are
compatible and do not impact the adjacent businesses. The proposal for a pet hotel
requires a Conditional Use Permit (CUP) to ensure land use compatibility and
establish parking requirements. It can be determined that the approval of this CUP
subject to the attached conditions, is consistent with the existing surrounding land
uses and with the on -site parking requirements. The type of activity conducted at the
proposed site is a community resource to the public, but typically is not favored in
residential, office professional, or existing planned commercial zones so it is
appropriately located in a Service Industrial zone. The building when constructed will
conform to all development standards contained in the zoning ordinance and the
building code.
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.
Specific conditions have been placed on the pet hotel to meet all applicable
requirements of the Zoning Ordinance. This project, as mitigated by the conditions of
approval, will not be detrimental to general public health, safety, and welfare or
materially injurious to the properties in the vicinity. Water, sanitation, public utilities and
services are already constructed and available throughout the surrounding area.
The proposed new building will comply with all building, life safety and environmental
standards during construction and continued operations, including: storm water
discharge, 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, all operational standards contained in the
zoning code, and is consistent with the intent of the Zoning Ordinance. The
organization operates a service based use that operates throughout the day during
normal business hours and throughout the night when most adjacent businesses are
closed. This use will provide a service to the community in a location that will not cause
disturbances to its adjacent neighbors. 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 "Industrial -Business Park (I-B.
P.)." The Business Park provides for a flexible mix of office, service commercial, light
manufacturing uses ranging from professional and medical offices to limited retail
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PLANNING COMMISSION RESOLUTION NO. 2677
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sales. 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 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 non -industrial use of a pet hotel is a non-polluting use and offers residents a
needed business.
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 a pet hotel facility at the proposed location. The
business is compatible with surrounding land uses, and is effectively located in a
remote area and occupies a portion of a vacant parcel where it will not cause any
disturbances to adjacent businesses.
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 for
approval of the Planning Commission in this case.
2. That the Planning Commission does hereby approve PP/CUP 16-178, 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 6th day of September 2016, by
the following vote, to wit:
AYES: DE LUNA, GREENWOOD, KELLY, and PRADETTO
NOES: NONE
ABSENT: GREGORY
ABSTAIN: NONE
ATTEST:
RYAN STEND
PALM DESER
I Fogg
SECRETARY
ANNING COMMISSION
JOIN GREENWOOD, CHAIRP RSON
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PLANNING COMMISSION RESOLUTION NO. 2677
CONDITIONS OF APPROVAL
CASE NO: PP/CUP 16-178
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:
Building & Safety Department
City Fire Marshal
Public Works Department
Coachella Valley Water District
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. 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.
5. The applicant shall submit a sign application to the City's Department of Community
Development for any building mounted or monument signs associated with the project.
6. The business shall operate seven (7) days a week, 24 hours a day.
7. The architecture for the future veterinarian's office facing Dinah Shore Drive must be
reviewed and approved by the Architectural Review Commission.
8. Final landscape plans including the water feature shall be submitted to the City's
Community Development Department and the Coachella Valley Water District for review
and approval. The landscape plan shall conform to the preliminary landscape plans
prepared as part of this application, and shall include dense plantings of landscape
material. All plants shall be a minimum of five -gallons in size, and palm trees shall be a
minimum of 18 inches at the base.
9. Building mounted lighting fixtures shall conform to the City's Outdoor Lighting
Ordinance.
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PLANNING COMMISSION RESOLUTION NO. 2677
10. All visible building exteriors shall be finished with paint and/or stucco. No visible building
elevations, or precision block, shall be left unfinished.
DEPARTMENT OF PUBLIC WORKS:
11. The applicant shall 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.
12. The grading plan shall identify all proposed and existing utilities.
13. The applicant shall 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.
14. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
15. The applicant shall submit a final Water Quality Management Plan (WQMP) for approval.
The WQMP shall identify the Best Management Practices (BMPs) that will be used on
the site to control predictable pollutant runoff. The wash down and cleanup procedures
for animal waste should be specifically addressed. Prior to the issuance of grading
permit, the Operation and Maintenance Section of the approved final WQMP shall be
recorded with County's Recorder Office and a conformed copy shall be provided to the
Public Works Department.
16. Animal waste shall be kept out of the storm drainage system.
17. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with
the State Water Resources Control Board. Such evidence shall consist of a copy of the
NOI stamped by the State Water Resources Control Board or the Regional Water Quality
Control Board, or a letter from either agency stating that the NOI has been filed.
18. The applicant shall pay the appropriate signalization fee in accordance with City of Palm
Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section
26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653.
19. The applicant shall enter into an agreement and post security, in a form and amount
acceptable to the City Engineer, guaranteeing the construction of off -site improvements
including but not limited to an eight -foot curb adjacent sidewalk.
20. The applicant shall submit a cash deposit for half the construction of a bus turnout on
Dinah Shore Drive.
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PLANNING COMMISSION RESOLUTION NO. 2677
DEPARTMENT OF BUILDING & SAFETY:
21. 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.
22. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1265.
23. 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.
24. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11 B-206).
25. Detectable warnings shall be provided where required per CBC 11B-705.1.2.5 and 11 B-
705.1.2.2. The designer is also required to meet all Americans with Disability Act (ADA)
requirements. Where an ADA requirement is more restrictive than the State of
California, the ADA requirement shall supersede the state requirement.
26. 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.
27. 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.
28. 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.
29. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert
Municipal Code 15.28. Compliance with Ordinance 1265 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 1265 or Municipal Code Section 15.28
from the Department of Building and Safety counter staff.
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PLANNING COMMISSION RESOLUTION NO. 2677
DEPARTMENT OF FIRE:
30. Fire Department Plan Review. Final fire and life safety conditions will be addressed
when building plans are reviewed by the Fire Prevention Bureau. These conditions will
be based on occupancy, use, the California Building Code (CBC), California Fire Code
(CFC), and related codes which are in force at the time of building plan submittal.
31. The project may have a cumulative adverse impact on the Fire Department's ability to
provide an acceptable level of service. These impacts include an increased number of
emergency and public service calls due to the increased presence of structures, traffic,
and population. The project proponents/developers will be expected to provide for a
proportional mitigation to these impacts via capital improvements and/or impact fees.
32. Fire Department emergency vehicle apparatus access road locations and design shall
be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and
Riverside County Fire Department Standards. Plans must be submitted to the Fire
Department for review and approval prior to building permit issuance.
33. Fire Department water system(s) for fire protection shall be in accordance with the
California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire
Department Standards. Plans must be submitted to the Fire Department for review and
approval prior to building permit issuance.
34. Addressing. New and existing buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that is plainly legible and
visible from the street or road fronting the property. These numbers shall contrast with
their background. Commercial, multi -family residential and industrial buildings shall have
a minimum of 12-inch numbers with suite numbers being a minimum of six inches in
size. All suites shall have a minimum of six-inch high letters and/or numbers on both the
front and rear doors. Single-family residences and multi -family residential units shall
have four -inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC
Chapter 5).
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