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HomeMy WebLinkAboutRes No 27531 1 1 PLANNING COMMISSION RESOLUTION NO. 2753 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING 11,089-SQUARE-FOOT PLACE OF WORSHIP BY 3,630 SQUARE FEET WITHIN AN EXISTING OFFICE AND INDUSTRIAL BUILDING LOCATED AT 75-400 GERALD FORD DRIVE, SUITE 104-114; AND ADOPTION A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: CUP 19-0001 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March 2019, hold a duly noticed public hearing to consider the request by The Rock Church for approval of the above -noted; and WHEREAS, the parcel is located in the Service Industrial (SI) zoning district, which allows "Religious Institutions" as a permitted use subject to the approval of a Conditional Use Permit (CUP); and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of September 2006, approve Resolution No. 2417 for the operation of a 5,748-square-foot place of worship at 75-400 Gerald Ford Drive, Suite 109-112; 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 significant impact on the environment and that the project is categorically exempt under Article 19, Section 15301 — Existing Facilities (Class 1) of the CEQA Guidelines; 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. Places of worship are permitted subject to a Conditional Use Permit within many zoning districts within the city. The proposed location is in the Service Industrial (SI) zone. The Rock Church has operated within this business park location for 13 years and is expanding the use. Professional office and industrial businesses are the predominant uses in the existing location, and during the week the church will operate with similar office hours. The proposed location is in accordance with the objectives of PLANNING COMMISSION RESOLUTION NO. 2753 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 parking. The Wednesday night and Sunday worship services will not impact the complex since the majority of the tenants are not open for business. 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 place of worship complies with 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 constructed and readily available for the building. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The project site is developed and the proposed use is consistent with the intent of the Zoning Ordinance. During the week the facility will operate with similar office hours. Peek attendance for the facility will occur on Wednesday evenings and Sunday afternoons when neighboring businesses are generally closed. The facility would not interfere with business operations and will not generate parking deficiencies. 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 proposed place of worship is compatible with other surrounding uses and meets the City's goals, objectives, and policies of the general plan. 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 19-0001, subject to the conditions attached. 2 PLANNING COMMISSION RESOLUTION NO. 2753 1 1 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 5th day of March 2019, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO NOES: NONE ABSENT: GREGORY ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION LINDgAY HOLT, VISE -CHAIR 3 PLANNING COMMISSION RESOLUTION NO. 2753 CONDITIONS OF APPROVAL CASE NO. CUP 19-0001 Community Development Department: 1. The operation of the facility shall conform substantially to approved exhibits on file with the Department of Community Development, except as modified by conditions herein. 2. The Conditional Use Permit shall expire if construction of the 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. The project 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. 4. 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. 5. The operation shall not encroach or obstruct parking lot circulation, access driveways, ADA paths of travel or emergency vehicle access. 6. 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 7. 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. 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. 4