HomeMy WebLinkAboutRes No 2707PLANNING COMMISSION RESOLUTION NO. 2707
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 CONDITIONAL USE PERMIT FOR A NEW
2,498-SQUARE-FOOT ADDITION TO THE EXISTING BUILDINGS AT
CRYSTAL PALM COURTYARD TO BE USED AS A PRIVATE MEMBERS
ONLY SOCIAL BUSINESS CLUB, INCLUSIVE OF EXTERIOR FACADE
REMODEL TO THE EXISTING BUILDINGS LOCATED AT 73-338
HIGHWAY 111
CASE NO: CUP 16-217
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 15'h day of August 2017, hold a duly noticed public hearing to consider the request by
the Desert Social Business Club, 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
Categorical Exemption for purposes of CEQA and no further review is necessary; and
WHEREAS, the proposed project conforms to the Downtown (D) zone since the
project provides a more articulated building design that will attract new professional
business individuals to the area; and
WHEREAS, the proposed project is compatible with the uses along Highway 111
since the concept is geared towards attracting a high -end business customer; and
WHEREAS, the City's General Plan focuses on revitalizing the Highway 111 corridor
through building designs and architecture. The General Plan offers economic development
tools such as expanding buildings into existing parking areas in order to get more floor area.
The long-term goal is to collect a parking in -lieu fee to invest into future parking structures
and shared parking lots, which will ultimately create a true City Center.
WHEREAS, the proposed project conforms to the "City Center/Downtown"
designation within the General Plan; 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:
PLANNING COMMISSION RESOLUTION NO. 2707
FINDINGS:
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 Downtown (D) zone. The Downtown zone
introduces buildings that are located at or near the sidewalk. The zoning district
is also designed as a pedestrian specialty retailpersonal services that attracts
and sustains pedestrian interest. The proposed project establishes a land use
that provides an upscale building design and a new use that will attract
professional business individuals.
The proposal for a private members only business club requires a Conditional
Use Permit (CUP) to ensure land use compatibility and parking demands. CUPs
are discretionary and viewed on a case -by -case basis. The surrounding
properties consist of a variety of commercial uses from restaurants, offices, and
retail uses. The use of a private business club will be consistent with the land use
pattern for this area. The proposed use is in keeping with the zoning district,
adjacent uses, and meets the City's Strategic Plan by adding a use that will bring
high -end customers to the "city center." The continuing success of Highway 111
will largely depend on creating a more inviting and vibrant streetscape. The
private business club can operate in a respectful manner consistent with the
vision and conditions have been placed on the project to ensure that the city has
ample tools to address any potential nuisance issues. Furthermore, the project
does not physically divide an existing community.
It can be determined that the approval of this CUP is consistent with the existing
uses of the site, is consistent with the permitted and conditionally permitted uses
listed for the zoning district, and conforms to all development standards
contained in the zoning ordinance.
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 zoning
designations and commercial uses. The surrounding area, which was improved
with existing buildings and parking lots, has been operating for years with various
commercial retail uses. The proposed private business club is a consistent use.
There are no other private business clubs in the immediate vicinity, but all other
surrounding businesses primarily close their doors between 5:00 p.m. and 10:00
p.m. with a couple of bars staying open until 2:00 a.m. The business operation of
seven (7) days a week between the hours of 11:00 a.m. and 10:00 p.m. should
be compatible and not create a negative impact such as noise to the adjacent
businesses and residents. Additionally, based on the amount of parking and the
adjacent businesses' hours of operation, staff believes that there is adequate
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PLANNING COMMISSION RESOLUTION NO. 2707
parking available, and the use will not create a public nuisance in regards to
parking.
Building improvements and site operations will comply with all building, life safety
and environmental standards during construction and continued operations,
including: dust mitigation, storm water discharge, health licensing, and fire
prevention strategies. All building and site improvements, including enlargements
to restroom facilities, will comply with the Americans with Disabilities Act (ADA).
Therefore, the conditional use, building and site 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 CUP and building 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.
The City's General Plan designates this property as "Downtown," which allows a
variety of civic, cultural, entertainment, retail, restaurants, and other commercial
services organized along walkable streetscapes. Staff believes that the business
model for the private business club fits this vision since it is geared towards
attracting the high -end customer.
The City's General Plan focuses on revitalizing the Highway 111 corridor through
building designs and architecture. The General Plan offers economic
development tools such as expanding buildings into existing parking areas in
order to get more floor area. This will reduce the overall parking demand, but
encourages owners to invest into the property. The long-term goal is to collect a
parking in -lieu fee to invest into future parking structures and shared parking lots,
which will ultimately create a true City Center.
Also, the General Plan includes a Commercial Core Area Specific Plan that
includes commercial properties along Highway 111 and other parts within the
City. The overarching goal of the Specific Plan is to "maximize project area's
potential for high quality economic development compatible with Palm Desert's
overall community goals and self image." The proposed use and building site
improvements comply with the Commercial Core Specific Plan as they make a
substantial investment into the building along Highway 111.
The proposed use is in keeping with the General Plan and the vision within the
Genera! Plan, and meets the City's Strategic Plan.
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PLANNING COMMISSION RESOLUTION NO. 2707
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 CUP 16-217, 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 15th day of August 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
NANCY DE NA, CHAIRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2707
CONDITIONS OF APPROVAL
CASE NO: CUP 16-217
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. Applicant shall clean all public areas, including street, sidewalks, landscape areas,
parking within 100 feet of the business entrances, and the future Alessandro Drive
including, but not limited to, trash, broken bottles, and other debris within 30 minutes of
the close of business.
6. The business shall receive approval by the Department of Alcohol Beverage Control
(ABC) to serve alcohol.
7. If noise becomes disturbing, excessive or offensive to the residents in the area and is
reported by any eight (8) unrelated persons of normal sensitivity within a year, staff will
look at modifying these conditions.
8. The applicant shall pay a parking in -lieu fee in the amount of $100,668.00 for twelve
(12) parking spaces for the future use of Alessandro Drive. The fee shall be collected
upon the issuance of a building permit for the 2,498-square-foot addition.
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PLANNING COMMISSION RESOLUTION NO. 2707
DEPARTMENT OF BUILDING & SAFETY:
9. This project shall comply with the latest adopted edition of the following codes:
A. 2016 California Building Code and its appendices and standards.
B. 2016 California Plumbing Code and its appendices and standards.
C. 2016 California Mechanical Code and its appendices and standards.
D. 2016 California Electrical Code.
E. 2016 California Energy Code.
F. 2016 California Green Building Standards Code,
G. Title 24, California Code of Regulations.
H. 2016 California Fire Code and its appendices and standards
10. All exits must provide an accessible path of travel to the public way, (CBC 1027.5 &
11 B-206).
i 1. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1265.
12. A disabled access overlay of the precise grading plan is required to be submitted to the
Department of Building & Safety for plan review of the site accessibility requirements as
per 2013 BCB Chapters 11 A & B (as applicable) and Chapter 10.
13. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-
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.
14. 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.
15. 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.
16. 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.
17. 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. 2707
DEPARTMENT OF PUBLIC WORKS:
18. 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.
19. The grading plan shall identify all proposed and existing utilities.
20. 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.
21. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
22. 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.
DEPARTMENT OF FIRE:
23. 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.
24. 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.
25. 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.
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