HomeMy WebLinkAboutRes No 27111
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PLANNING COMMISSION RESOLUTION NO. 2711
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO OPERATE A CHURCH WITHIN A 12,966-SQUARE-FOOT
BUILDING WITHIN THE UNIVERSITY VILLAGE LOCATED AT 36-927 COOK
STREET; AND APPROVAL OF A NOTICE OF EXEMPTION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
CASE NO. CUP 17-148
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of November 2017, hold a duly noticed public hearing to consider the request by
Church 212, for approval of the above -noted project request; 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, a 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 this project is categorically exempt, under Class 32: In -fill Development
Projects, of the CEQA. Because of the categorical exemption, no further environmental
review is necessary; and
WHEREAS, the church is compatible with the other uses in regard to use and
operating hours, and sufficient parking exist to serve both the church and the existing 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, the Planning Commission
did find the following facts and reasons, which are outlined in the staff report, exist to justify
approval of said request:
Findings of 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 it is located.
Churches are permitted subject to a Conditional Use Permit within any zoning district
within the city. The proposed location is in the Planned Commercial (3) Regional
District zone. The original entitlements approved the building for retail and/or office
uses. Although the proposed use is not commercial in nature, it is compatible with
office uses in the area. The University Village provides a mix of office uses,
restaurants, retail, and hotel uses. Office uses are the predominant use, and during
the week the church will operate with similar office hours. The proposed location is in
accordance with the objectives of the Zoning Ordinance and the purpose of the
district in which the site is located. The services conducted at the proposed site are
consistent with the adjacent business hours and would have minimal impacts on
PLANNING COMMISSION RESOLUTION NO. 2711
parking. The Wednesday night and Sunday worship services will not impact the
complex, since majority of the tenants are not open for business.
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 church will meet all applicable requirements of the Zoning Ordinance and all
applicable building codes and 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 for the building.
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 site is developed and the proposed use is consistent with the intent of the
Zoning Ordinance. During the week the church will operate with similar office hours.
The church is busiest on Sunday mornings and evenings, with services beginning at
10:00 a.m. and ending at 11:15 a.m. The existing restaurants do not open until 11:00
a.m., so the church would not interfere with their hours. The evening services from
6:00 p.m. to 8:30 p.m. do occur during dinner hours for the existing restaurants, but
staff does not foresee a parking problem. Conditions have been placed on the
project to ensure that all the minimum requirements of the Palm Desert Municipal
Code are met.
4. That the proposed conditional use complies with the goals, objectives and policies of
the City's General Plan.
The property is designated Neighborhood Center within the General Plan. The intent
is to provide a concentration of commercial businesses and civic amenities within
walking and biking distance of neighborhoods. The proposed church is located within
a commercial/office center and offers a civic amenity to the center. Additionally, the
surrounding area has been approved for residential homes, along with existing
homes that are in walking and biking distance of the church.
Also, the General Plan includes a Commercial Core Area Specific Plan that includes
commercial properties. The overarching goal of the Specific Plan is to "maximize the
project area's potential for high quality economic development compatible with Palm
Desert's overall community goals and self-image." The proposed use complies with
this since the church is making an investment into the community.
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PLANNING COMMISSION RESOLUTION NO. 2711
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NOW, THEREFORE, BE IT ORDAINED 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 approval of the
Conditional Use Permit, as proposed.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 7th day of November 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
' k
NANCY DUNA, CHAIRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2711
CONDITIONS OF APPROVAL
CASE NO: CUP 17-148
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 Conditional Use Permit shall expire, if construction of said project shall not
commence within two years from the date of final approval unless an extension of time
is granted; otherwise said approval shall become null, void, and of no effect whatsoever.
3. Any proposed changes to this Conditional Use Permit will require an amendment to the
application, which will result in a new public hearing.
4. 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.
5. 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
Building & Safety
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.
6. 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.
7. Lighting plans shall be submitted in accordance with Palm Desert Municipal Code
(PDMC) Section 24.16 for any landscape, architectural, street, or other lighting types
within the project area.
8. The building occupancy will be determined by the Department of Building & Safety
Department, and the church shall not exceed the occupancy number.
9. The church membership may not exceed more than 350 members in attendance at on -
time under this CUP. The church will need to amend the CUP for more than 350
members.
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PLANNING COMMISSION RESOLUTION NO. 2711
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BUILDING AND SAFETY DEPARTMENT:
10. 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 Residential Code and its appendices and standards.
C. 2016 California Plumbing Code and its appendices and standards.
D. 2016 California Mechanical Code and its appendices and standards.
E. 2016 California Electrical Code.
F. 2016 California Energy Code.
G. 2016 California Green Building Standards Code.
H. Title 24 California Code of Regulations.
I. 2016 California Fire Code and its appendices and standards.
11. An approved automatic fire sprinkler system shall be installed as required per the City
of Palm Desert Code Adoption Ordinance 1310.
12. Submit an exit plan that labels and clearly shows compliance with all required egress
features such as, but not limited to, common path of travel, required number of exits
and separation, occupant load, required width, continuity, travel distance, elevators,
etc. CBC 1001.1
13. An accessible 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 11 A & B (as applicable) and Chapter 10.
14. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11 B-206).
15. 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.
16. Detectable warnings 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. 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.
18. 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.
19. 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 the street, height from grade, height
from street, etc. shall be shown on all architectural building elevations in detail. Any
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PLANNING COMMISSION RESOLUTION NO. 2711
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.
20. Assembly Bill 1732 became effective March 1, 2017, which requires businesses to
provide one "single -user toilet facility" which means a toilet facility with no more than
one water closet and one urinal with a locking mechanism controlled by the user to be
designated as an all gender toilet facility. Such facility shall be provided with
appropriate signage indicating "All Gender." If you have or are providing separate
facilities as part of your project then both must be designated as "All Gender." If your
project is only providing one restroom facility then that facility must have the
appropriate signage stating "All Gender." Health and Safety Code §118600
21. Please contact Cherie Williams, Building and Safety Technician, at the Department of
Building and Safety (760-776-6420) regarding the addressing of all buildings and/or
suites.
FIRE DEPARTMENT:
22. 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.
23. 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.
24. 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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