HomeMy WebLinkAboutRes No 27511
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PLANNING COMMISSION RESOLUTION NO. 2751
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A PRECISE PLAN AND
CONDITIONAL USE PERMIT TO CONSTRUCT A 26,666-SQUARE-FOOT
BUSINESS PARK WITH UP TO 4,000 SQUARE FEET OF ANCILLARY
RETAIL AND 2,666 SQUARE FEET OF ANCILLARY RESTAURANT USES
ON A VACANT 2.24-ACRE PARCEL AT THE SOUTHWEST CORNER OF
SEGO LANE AND GREEN WAY; AND ADOPTING A NOTICE OF
EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NOS: PP 18-0007/CUP 19-0003
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of February 2019, hold a duly noticed public hearing to consider the request by
Jim Krick for approval of the above -noted; and
WHEREAS, the Architectural Review Commission (ARC) of the City of Palm Desert,
California, did on the 23rd day of October 2018, hold a public hearing to consider the request
by Jim Krick, and recommended approval of the above -noted project request, subject to minor
architectural changes; and
WHEREAS, the parcel is located in the Service Industrial (SI) zoning district which
allows "ancillary commercial uses" as a permitted use, subject to the approval of a Conditional
Use Permit (CUP); and
WHEREAS, the proposed project conforms to the development standards and
maximum building heights listed in the City's Zoning Ordinance for the SI zoning district; 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, in that 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 Service Industrial (SI), which allows for
the manufacture, distribution, and service of products intended for use within the
City and adjacent communities. Ancillary commercial uses are permitted with a
PLANNING COMMISSION RESOLUTION NO. 2751
conditional use permit to ensure land use compatibility and adequate parking
exists to serve the commercial uses. The inclusion of retail on the subject property
would enable the distribution of specialized and/or bulky goods, and further
diversify available goods in the area while preserving the industrial character of the
immediate area.
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 ancillary commercial uses are located along a vehicular oriented
arterial where retail and restaurants comingling with general industrial uses exist.
Based on the facility's industrial design characteristics and recommended
conditions of approval, the proposed ancillary uses will not create a public
nuisance in terms of parking shortages, noise or odor 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 proposed conditional uses will be located within a project that complies with
all development standards of the Service Industrial zone and is consistent with the
intent of the Zoning Ordinance. There are no associated variances or adjustments
associated with the project proposal.
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 of the employment district is to provide a wide variety of office -intensive
activity which include some manufacturing along with research and development
opportunities. Allowed land uses include a wide variety of office and limited
commercial activity along with multi -family dwellings organized along walkable
streetscapes. Uses would include professional and medical office, and traditional
business parks. The proposed project includes bulky retail sales and restaurant
uses, both of which are compatible with the intent of the Employment District.
The proposed project supports General Plan Land Use Element Policy 5.3 —
Diverse Centers. This policy encourages the development of local centers that
address different community needs and market sectors. Additionally, allowing a
restaurant close proximity to nearby employment centers will provide a necessary
day -time service to workers in the area.
The proposed project supports General Plan Land Use Element Policy 9.3 —
Diverse tax base. This policy recommends development and public
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PLANNING COMMISSION RESOLUTION NO. 2751
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investments to maintain a fiscally sound city with a sustainable tax base.
Diversity of land uses and businesses help sustain a sound tax base for the
City.
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 Precise Plan 18-0007 and
Conditional Use Permit 19-0003, subject to the conditions of approval (attached).
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 19th day of February 2019, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, and HOLT
NOES: NONE
ABSENT: PRADETTO
ABSTAIN: NONE
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
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RON GREGORY, CHAIR
PLANNING COMMISSION RESOLUTION NO. 2751
CONDITIONS OF APPROVAL
CASE NOS. PP 18-0007 & CUP 19-0003
Department of Community Development:
1. The Project site shall be developed and maintained in conformance with the approved
plans on file with the Department of Community Development, except as modified by
conditions herein.
2. All construction documentation shall be coordinated for consistency, including, but not
limited to, architectural, structural, mechanical, electrical, plumbing, landscape and
irrigation, grading, and street improvement plans. All such plans shall be consistent with
the approved entitlement plans on file with the Department of Community Development.
3. Construction of said project shall 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.
4. Any proposed modifications to this Precise Plan and or Conditional Use Permit shall
require an amendment to the application, which will result in a new public hearing.
5. 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
Riverside County Airport Land Use Commission
6. 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.
7. This Project is subject to payment of the City's Public Art fee. The fee will be applied at
the time of a building permit issuance and shall remain in the City's public art fund.
8. Final landscape and irrigation documents shall be prepared by a Landscape Architect
registered with the State of California and shall be submitted to the City's Department of
Community Development and the Coachella Valley Water District for review and
approval. All sheets shall be wet signed by the Landscape Architect and shall include
the license number and the expiration date. 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
all trees shall be a minimum 24-inch box in size.
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PLANNING COMMISSION RESOLUTION NO. 2751
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9. All project irrigation systems shall function properly and landscaping shall be maintained
in a healthy and thriving condition. The maintenance of landscaping and the irrigation
system shall be permanently provided for all areas of the project site, as well as
walkways and the portion of public right-of-way abutting the project site (parkways and
medians). Furthermore, the plans shall identify responsibility for the continued
maintenance (such as a homeowners' association, landscape maintenance district,
property owner, etc.).
10. All exterior rooftop mechanical, heating and air conditioning equipment, and all
appurtenances thereto, shall be completely screened from public view by parapet walls
or roof screens that are architecturally treated to be consistent with the building. The
final construction plans shall include appropriate drawings demonstrating how such
equipment is to be screened from view.
11. All ground mounted utility structures including, but not limited to, transformers, HVAC
equipment, and backflow prevention valves shall be located out of view from any public
street or adequately screened through the use of landscaping and/or masonry walls.
12. Site lighting shall be reviewed and approved by the Department of Community
Development and shall conform to the City's Outdoor Lighting Ordinance.
13. The Applicant shall submit a master sign program application to the City's Department
of Community Development for approval prior to permit issuance of any building
mounted or monument signs associated with the Project.
14. All parking spaces shall be clearly marked with white or yellow paint or other easily
distinguished material. Except as required by State and ADA requirements, all markings
shall be a minimum four -inch wide double ("hairpin" style) stripe designed to provide 18
inches measured outside to outside in accordance with City Council Resolution 01-5.
15. The Applicant shall submit a final wall plan for staff review. The wall shall feature a
decorative finish and massing variation on all portions visible from the public realm.
16. The project shall be limited to a maximum of 4,000 square feet of retail area. Retail uses
shall be limited to bulky items, and/or other retail uses deemed appropriate by the
Director of Community Development. Auto sales shall require a new Conditional Use
Permit.
17. The project shall be limited to a maximum of 2,666 square feet of restaurant area.
18. All business operations within the center shall be fully located indoors.
19. All business operations shall comply with the City of Palm Desert's outdoor lighting and
noise ordinances.
20. The Applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
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PLANNING COMMISSION RESOLUTION NO. 2751
21. A copy of the herein -listed conditions of approval shall be included in the construction
documentation package for the project, which shall be continuously maintained on site
during project construction.
Department of Public Works:
22. The Applicant shall submit a grading plan to the Department of Public Works for review
and approval. Any changes to the approved civil plans must be reviewed for approval
prior to work commencing.
23. The Applicant shall submit a PM10 application for approval. The Applicant shall comply
with all provisions of the Palm Desert Municipal Code (PDMC) Section 24.12 regarding
Fugitive Dust Control.
24. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section
24.20 Stormwater Management and Discharge Ordinance.
25. The Applicant shall pay the appropriate signalization fee in accordance with the City of
Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with
Section 26.49 of PDMC and Palm Desert Ordinance No. 653.
26. 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. Prior to the issuance of a 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.
27. 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.
28. The Applicant shall enter into an agreement and post security, in a form and amount
acceptable to the City Engineer, guaranteeing the construction of all off -site
improvements. Improvements shall include, but are not limited to:
A. The construction of an ADA sidewalk along the frontage of Sego Lane and
G reenway.
29. The Applicant shall provide easements for pedestrian access at driveways as
necessary.
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PLANNING COMMISSION RESOLUTION NO. 2751
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Department of Building and Safety:
30. 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 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. 2016 California Administrative Code.
H. 2016 California Fire Code and its appendices and standards.
31. An approved automatic fire sprinkler system shall be installed as required per the City
of Palm Desert Code Adoption Ordinance 1310.
32. 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 2016 CBC Chapters 11 A & B (as applicable) and Chapter 10.
33. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-
206)
34. 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.
35. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a trash enclosure detail from the Department
of Building and Safety.
36. Public pools and spas must be first approved by the Riverside County Dept. of
Environmental Health and then submitted to Dept. of Building and Safety. Pools and
Spas for public use are required to be accessible.
37. 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.
38. 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.
39. Address numerals shall comply with Palm Desert Ordinance No. 1310 (PDMC 15.28.
Compliance with Ordinance 1310 regarding street address location, dimension, a stroke
of line, distance from the street, height from grade, height from the 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
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PLANNING COMMISSION RESOLUTION NO. 2751
building address unreadable shall be addressed during the plan review process. You
may request a copy of Ordinance 1310 or Municipal Code Section 15.28 from the
Department of Building and Safety counter staff.
40. Please contact the Department of Building and Safety at (760) 776-6420 regarding the
addressing of all buildings and/or suites.
Fire Department:
41. 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
proportional mitigation to these impacts via capital improvements and/or impact fees.
42. 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.
43. Fire Department water system(s) for fire protection shall be in accordance with the
California Fire Code, PDMC, and Riverside County Fire Department Standards. Plans
must be submitted to the Fire Department for review and approval prior to building permit
issuance.
END OF CONDITIONS
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