HomeMy WebLinkAboutRes No 27571
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PLANNING COMMISSION RESOLUTION NO. 2757
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
(CUP) TO OPERATE AN INDOOR 4,800-SQUARE-FOOT KENNEL -FREE
DOGGY DAYCARE/OVERNIGHT BOARDING AND GROOMING FACILITY
WITHIN A PORTION OF AN EXISTING INDUSTRIAL BUILDING LOCATED
AT 42-620 CAROLINE COURT, AND ADOPTION OF A NOTICE OF
EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NO: CUP 19-0005
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
21st day of May 2019, hold a duly noticed public hearing to consider the request by The Village
Pup, 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 that the Director of Community Development has determined that
the proposed project is an Article 19 Class 32: In -Fill Development Projects (15332)
Categorical Exemption for purposes of CEQA and no further review is necessary; and
WHEREAS, the proposed project conforms to the development standards in the City's
Zoning Ordinance for the Service Industrial zoning district; and
WHEREAS, the parcel is located within the Service Industrial zoning district, which
allows various types of uses and lists "boarding facilities" as conditionally permitted uses; 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, which are outlined in the staff report
reasons to approve the said request:
FINDINGS FOR 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 site is located within the Service Industrial (SI) zoning district. The purpose of the
SI zoning district is to allow for the manufacture, distribution, and service of products
intended for use with the City and uses that are consistent with the residential, resort,
and recreational character of the community. Over the years, staff has allowed non -
retail commercial uses within the SI. zone as long as they are compatible and do not
impact the adjacent businesses. The proposal for a kennel -free doggy daycare and
boarding facility requires a CUP to ensure land use compatibility and establish parking
PLANNING COMMISSION RESOLUTION NO. 2757
requirements. It can be determined that the approval of this CUP subject to the
attached conditions, is consistent with the existing surrounding land uses and with the
on -site parking requirements. The type of activity conducted at the proposed site is a
community resource to the public, but typically is not favored in residential, office
professional, or existing planned commercial zones so it is appropriately located in a
SI zone. The interior building when constructed will conform to all development
standards contained in the zoning ordinance and the building code.
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.
Specific conditions have been placed on the kennel -free doggy daycare and boarding
facility to meet all applicable requirements of the Zoning Ordinance. The business
operation of seven (7) days a week between the hours of 7:00 a.m. and 6:00 p.m. is
compatible with regular business hours. This project, as mitigated by the conditions of
approval, 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 throughout the surrounding area.
The proposed interior improvements to the building will comply with all building, life
safety, and environmental standards during construction and continued operations,
including stormwater discharge, health licensing, and fire prevention strategies. All
building and site improvements will comply with the Americans with Disabilities Act
(ADA). Therefore, the conditional use, 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 existing building and proposed conditional use complies with all applicable
development standards for including parking and land use compatibility, all operational
standards contained in the zoning code, and is consistent with the intent of the Zoning
Ordinance. The organization operates a service -based use that operates throughout the
day during normal business hours. The operation hours during the evening occurs
indoors when adjacent businesses are closed. This use will provide a service to the
community in a location that will not cause disturbances to its adjacent neighbors. The
proposed use does not require the 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 General Plan Land Use designation for the site is "Employment District." The
intent is to provide a wide variety of office -intensive activity that could include some
manufacturing and light industrial businesses. The proposed business will be geared
towards clientele in the area and outside of the Coachella Valley. A primary objective
stated in the Land Use & Community Care of the General Plan under Industrial Goals
is to provide for the development of business parks and non-polluting industrial uses,
and which assures compatible integration with other, non -industrial land uses. The non-
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PLANNING COMMISSION RESOLUTION NO. 2757
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industrial use of a kennel -free doggy daycare and boarding facility is a non-polluting use
and offers the City to expand its business portfolio to residents and tourist. The proposed
use will be using the same built improvements, rather than constructing new ones that
would be used a small percentage of the time.
This project maintains a land use that is consistent with the goals, policies, and programs
of the General Plan. The project is consistent with the General Plan in respect to the
appropriate use of a kennel -free doggy daycare and boarding facility at the proposed
location. The business is compatible with surrounding land uses, and is effectively
located in a remote area and occupies a portion of an existing building where it will not
cause any disturbances to adjacent businesses.
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 19-0005, subject to the
conditions of approval.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 21st day of Mav 2019, 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
RON GREGORY, CHAIRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2757
CONDITIONS OF APPROVAL
CASE NO: CUP 19-0005
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. The 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. The applicant shall submit a sign application to the City's Department of Community
Development for any building mounted or monument signs associated with the project.
6. The business may operate seven (7) days a week, 24 hours a day.
7. All dogs shall be supervised at all times.
8. If any noise becomes disturbing, excessive, or offensive to the occupants in the area and
is reported by any five (5) unrelated persons of normal sensitivity within a 12-month
period, City staff will reconsider the CUP with a new public hearing to the Planning
Commission to recommend modifying or revoking the CUP.
9. Building mounted lighting fixtures shall conform to the City's Outdoor Lighting Ordinance.
10. The applicant shall keep animal waste out of the storm drainage system.
11. The applicant shall submit a pet waste removal and facility housekeeping program to the
Department of Community Development/Planning prior to building occupancy.
DEPARTMENT OF BUILDING & SAFETY:
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PLANNING COMMISSION RESOLUTION NO. 2757
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12. 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.
13. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-
206).
14. 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.
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. 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.
17. 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.
18. 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, 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 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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