HomeMy WebLinkAboutRes No 27691
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PLANNING COMMISSION RESOLUTION NO. 2769
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO ESTABLISH A 4,842-SQUARE-FOOT PLACE OF WORSHIP
WITHIN AN EXISTING OFFICE AND INDUSTRIAL BUILDING LOCATED
AT 75430 GERALD FORD DRIVE, SUITE 207-209, AND ADOPTING A
NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NO: CUP 19-0009
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 3rd day of December 2019, hold a duly noticed public hearing to consider the
request by Mount Calvary Holy 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, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the CEQA" Resolution No. 2019-41, 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. 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 the
Zoning Ordinance and the purpose of the district in which the site is located. The
services conducted at the proposed site are compatible with the adjacent business
hours and would have minimal impacts on parking. The Sunday worship services
will not impact the complex since the majority of the tenants are not open for
business.
PLANNING COMMISSION RESOLUTION NO. 2769
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 Sunday mornings 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.
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PLANNING COMMISSION RESOLUTION NO. 2769
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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 3rd day of December 2019,
by the following vote, to wit:
AYES: GREENWOOD, GREGORY, and PRADETTO
NOES: NONE
ABSENT: DE LUNA and HOLT
ABSTAIN: NONE
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
/ Wh•.
yRON GREGORY, N'
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PLANNING COMMISSION RESOLUTION NO. 2769
CONDITIONS OF APPROVAL
CASE NO. CUP 19-0009
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.
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PLANNING COMMISSION RESOLUTION NO. 2769
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9. The applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
10. Changes to the floor plan including, but not limited to, additional seating, changes
from fixed to moveable seating, shall require additional review by the Department of
Community Development and may result in a new public hearing.
Department of Building and Safety:
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 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.
12. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11B-206)
13. Detectable warnings shall be provided where required per CBC 11B-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.
14. 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.
15. 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.
16. 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.
17. Address numerals shall comply with Palm Desert Ordinance No. 1310 (Palm Desert
Municipal Code 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 building address unreadable shall be addressed
during the plan review process. You may request a copy of Ordinance No. 1310 or
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PLANNING COMMISSION RESOLUTION NO. 2769
Municipal Code Section 15.28 from the Department of Building and Safety counter
staff.
18. Please contact the Department of Building and Safety at (760) 776-6420 regarding
the addressing of all buildings and/or suites.
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