HomeMy WebLinkAboutRes No 2702PLANNING COMMISSION RESOLUTION NO. 2702
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 TO OPERATE A CAR DEALERSHIP AND DISPLAY SEVEN
(7) AUTOMOBILES OUTDOORS WITHIN ITS PARKING LOT FOR SALE
PURPOSES LOCATED AT 74-725 JONI DRIVE
CASE NO: CUP 17-042
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of July, 2017, hold a duly noticed public hearing to consider the request by
Palm Desert Auto Sales, 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 15311 Accessory
Structures Projects (Class 11) of the CEQA; therefore, no further environmental review is
necessary; and
WHEREAS, the parcel is located within the Service Industrial zoning district, which
allows outdoor automotive sales subject to a conditional use permitted; 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 reasons to
approve 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.I.) zoning district. The purpose of
the S.I. zoning district allows for the manufacture, distribution, outdoor automobile
sales, and service of products intended for use with the City and uses that are
consistent with the residential, resort, and recreational character of the community.
The existing buildings were constructed under the County of Riverside's jurisdiction,
and are operating with automotive repair/service uses. The proposal to operate a car
dealership and display up to seven (7) cars for outdoor sales within the private
parking lot requires a Conditional Use Permit (CUP) for land use compatibility and
parking demand. 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
building also conforms to all development standards contained in the zoning
ordinance. The proposed type of business conducted at this site will be compatible
with the surrounding businesses.
PLANNING COMMISSION RESOLUTION NO. 2702
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. The
site, which was improved with buildings and a parking lot, was originally constructed
under the County of Riverside's jurisdiction, and has operated with automotive type
uses for several years. The proposed project to operate a car dealership and display
seven (7) automobiles outdoors within the applicant's assigned parking lot for sale
purposes complies with the zoning code, and all building, life safety and
environmental standards. No new building and site improvements are necessary
since the site complies with the Americans with Disabilities Act (ADA). Therefore, the
conditional use, will not be detrimental to public health, safety, or welfare.
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 parking study, 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 "Employment District." The
intent is to provide a wide variety of office -intensive activity that could include some
manufacturing and light industrial businesses. The proposed business will be geared
towards clientele in the area and outside of the Coachella Valley. A primary objective
stated in the Land Use & Community Care of the General Plan under Industrial Goals
is to provide for the development of business parks and non-polluting industrial uses,
and which assures compatible integration with other, non -industrial land uses. The non-
industrial use of outdoor automobile sales is a non-polluting use and offers the City to
expand its business portfolio to residents and tourist. 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 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.
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PLANNING COMMISSION RESOLUTION NO. 2702
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.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 18th day of July, 2017, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, AND PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
C4o1Vrte-xl
NANCY DEL9NA, CHAIRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2702
CONDITIONS OF APPROVAL
CASE NO: CUP 17-042
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)
Building and Safety Department
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. 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. Any proposed change of this Conditional Use Permit will require an amendment, which
will result in a new public hearing.
6. Improvements that are not on the approved site plan may be subject to additional
requirements and plan submittals.
7. The business shall not display more than seven (7) automobiles outdoors for sale within
the parking lot.
8. The automobiles for sale shall only be parked on -site within the parking lot and not
within the public streets.
9. Each car shall be limited one sale/price sign displayed inside the vehicle on the
dashboard.
10. No advertising devices such as balloons, roof -mounted adverting/devices, flags,
pennants, propellers, oscillating, and rotating devices.
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