HomeMy WebLinkAboutRes No 27401
PLANNING COMMISSION RESOLUTION NO. 2740
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT (CUP) FOR THE OPERATION OF A 2,512-SQUARE-FOOT
MICROBREWERY WITH A TAPROOM BAR, WITHIN AN EXISTING
INDUSTRIAL WAREHOUSE SPACE LOCATED AT 77-770 COUNTRY
CLUB DRIVE, SUITE D; AND ADOPTING A NOTICE OF EXEMPTION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA)
CASE NO: CUP 18-0005
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 6th day of November 2018, hold a duly noticed public hearing to consider the
request by Desert Beer Company for approval of the above -noted; and
WHEREAS, the parcel is located in the District Commercial Center (PC-2) zoning
district, which prohibits general industrial and manufacturing land uses; and
WHEREAS, on City Council of the City of Palm Desert, California, did approve
Resolution No. 00-109 for the construction of the commercial and industrial building at
77-770 Country Club Drive pursuant to the Service Industrial (SI) standard for commercial
and warehouse uses; and
WHEREAS, said 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, the Director of Community Development has determined that
the project will not have a negative impact on the environment and qualifies as a Class 32
Categorical Exemption for the purposes of CEQA; and
WHEREAS, at the 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 to exist to justify the 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 the site
is located.
The zoning designation for this property is District Commercial Center (PC-2),
which is intended for traditional retail, service and office uses and does not allow
for general industrial or manufacturing uses. However, the property was originally
approved and developed pursuant to the standards of the SI zoning designation
per City Council Resolution 00-109. The City Council approved a wide -zoning
ordinance update in 2017 and since this time, the City has allowed both PC-2 and
PLANNING COMMISSION RESOLUTION NO. 2740
SI uses on the property. Since general industrial land uses are permitted in the SI
zone, the proposed use complies with the objectives of the Zoning Ordinance and
purposes of the zoning designation.
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.
Based on the facility's operational characteristics and recommended conditions of
approval, the proposed microbrewery and taproom would not create a public
nuisance in terms of parking shortages and will meet all applicable requirements
of the building code. Therefore, the use will not be detrimental to general public
health, safety or welfare, or be materially injurious to properties or improvements
in the vicinity.
3. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
The facility is located within an existing building, which complies with the
development standards and allowed uses for the Service Industrial zoning
designation.
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 "Suburban Retail." The intent
of the suburban retail district is to provide traditional retail and service uses. The
use supports Policy 4.7 of the General Plan by operating as a low -impact industrial
use in close proximity to other non -industrial retail and office uses. The use
supports Policy 5.3 of the General Plan by contributing to the business diversity of
the existing community, providing employment opportunities and complimenting
the needs of the community.
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 Conditional Use Permit 18-
0005, subject to conditions attached.
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PLANNING COMMISSION RESOLUTION NO. 2740
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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 November 2018, 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
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8EPH PRADETTO, CHAIRMAN
PLANNING COMMISSION RESOLUTION NO. 2740
CONDITIONS OF APPROVAL
CASE NO. CUP 18-0005
Community Development Department:
1. The operation of the facility shall conform substantially with approved exhibits on file
with the Department of Community Development, except as modified by conditions
herein.
2. The project site shall be developed and maintained in conformance with the
approved plans and exhibits on file with the City. Any variation from the approved
plans must be reviewed and approved by the Department of Community
Development prior to building permit issuance and may require review and approval
by the Planning Commission and/or City Council.
3. The applicant shall agree to defend, indemnify, and hold harmless the City of Palm
Desert or its agents, officers, and employees from any claim, action or proceeding
against the City of Palm Desert or its agents, officers or employees, to attack, set
aside, void, or annul, any approval of the City of Palm Desert, whether by its City
Council, Planning Commission, or other authorized board or officer of the City. The
City of Palm Desert shall promptly notify the applicant of any such claim, action, or
proceeding, and the City of Palm Desert shall cooperate fully in the defense.
4. The operation shall not encroach or obstruct parking lot circulation, access
driveways, ADA paths of travel or emergency vehicle access.
5. The applicant shall maintain free of litter, all area of the premises under which the
applicant has control.
6. Should parking shortages or other parking -related issues arise, the applicant shall
institute appropriate operational mitigation measures. Proposed mitigation must be
reviewed by the Department of Community Development.
7. This CUP does not include the allowance of live entertainment or special events.
Live entertainment may only be permitted subject to the approval of an Entertainment
Site Plan or Temporary Use Permit by the Department of Community Development.
8. The business operation shall comply with the City of Palm Desert's outdoor lighting
and noise ordinances.
9. The applicant or any successor in interest shall comply with all applicable local, state
and federal laws and regulations.
10. The applicant shall implement odor mitigation measures deed sufficient by the
Department of Community Development staff. Should odor issues arise, the
Department of Community Development may require additional odor control
measures to be employed.
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PLANNING COMMISSION RESOLUTION NO. 2740
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Building and Safety Department:
11. This project shall comply with the latest adopted editions of the following codes:
A. 2016 California Building Code and its appendices and standards.
B. 2016 California Electrical Code.
C. 2016 California Administrative Code.
D. 2016 California Fire Code and its appendices and standards.
12. The recycling facility will be required to meet all the applicable provisions for disabled
access per 2016 CBC Chapters 11 B.
13. 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.
14. 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.
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