The URL can be used to link to this page

Home My WebLink AboutAppeal CUP 04-13 Roman Catholic Bishop of San Bernardino - Thomas W. McCutchen 43775 Deep Canyon RoadCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: SUBMITTED BY: APPELLANT: CASE NO: CASE APPLICANT: ARCHITECT: Consideration of an appeal regarding Planning Commission approval of CUP 04-13 to allow an expansion of the Sacred Heart Elementary School and construction of new parking lots with 158 spaces at 43-775 Deep Canyon Road. Francisco J. Urbina, Associate Planner Thomas W. McCutchen 24 Via Cielo Azul Palm Desert, CA 92260 CUP 04-13 Roman Catholic Bishop of San Bernardino Office of Construction & Real Estate Attn: Rosi Mills 1201 E. Highland Avenue San Bernardino, CA 92404 Holt Architects 41-555 Cook Street, Suite 1-100 Palm Desert, CA. 92211 DATE: March 24, 2005 ATTACHMENTS: A. B. C. Legal notice Appeal Application Letter requesting continuance of City Council Public Hearing Recommendation: That the City Council continue the public hearing on the appeal to April 14, 2005 to allow time for a supplemental traffic analysis to be completed and reviewed by staff. Background: Planning Commission Approval of CUP 04-13: On February 15, 2005, the Planning Commission approved the request for a master plan for the Sacred Heart Church and Elementary School which proposes (1) construction of eight new classrooms which will allow an increase in the number of students from 450 to 540 (90 additional students), (2) construction of a 17,590 square foot parish hall that will include a gymnasium; the Planning Commission recommended to the City Council approval of a height exception to Staff Report Sacred Heart Master Plan CUP 04-13 Page 2 March 24, 2005 allow the 35-foot high parish hall/gymnasium to exceed the Planned Residential zone's 24 foot height limit in order to accommodate a 22-foot minimum interior ceiling height for recreational activities such as basketball and to allow the building to have a gable roof to match the existing church sanctuary building, (3) construction of new parking lots to provide 158 additional parking spaces, and (4) construction of new sports fields. Appeal by Thomas W. McCutchen: On February 28, 2005, Mr. Thomas W. McCutchen, a homeowner in the Palmira subdivision and President of the Palmira Homeowner's Association, filed an appeal (copy attached). Supplemental Traffic Analysis: A supplemental traffic analysis is being prepared by George Dunn Engineering that will include conducting traffic counts at intersections in the vicinity of the project site in March 2005. The traffic counts will be done a Sunday morning and on two weekday mornings. The reason for the supplemental traffic analysis is to obtain traffic counts during the winter season when there is an increase in the number of people attending worship services at Sacred Heart Church. The project traffic study that was completed in January 2005 relied on traffic counts taken in late September 2004. The traffic engineer added 25% to the traffic counts to account for an increase in vehicle trips attributable to winter residents (snowbirds) that attend Sacred Heart Church. Continuance of Appeal Public Hearing Requested: Father Howard Lincoln of Sacred Heart Catholic Church has submitted a letter (copy attached) requesting that the City Council continue the public hearing from March 24, 2005 to April 14, 2005 to allow time for the supplemental traffic analysis to be completed. Another reason for the request is that Father Lincoln has a prior commitment to conduct a 6:00 p.m. mass on March 24, 2005 that will not allow him to attend the City Council meeting past 5:45 p.m. Submitted by: :74 • rancisco J. Uw Associate Planner Approv, HCroy Assistant City Carlos L. I`,'ga City Mana•er Department Head: Philip Drell Director of Community Development ager for Development Services CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-06x x FAX: 760 34r-7098 info@ palm-deserr.org CITY OF PALM DESERT LEGAL NOTICE NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NO. CUP 04-13 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider an appeal by Thomas W. McCutchen of the Planning Commission's approval of CUP 04-13, a request by THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO for approval of a Negative Declaration of Environmental Impact and a master plan for the Sacred Heart Church and Elementary School which proposes (1) construction of eight new classrooms which will allow an increase in the number of students from 450 to 540 (90 additional students), (2) construction of a 17,590 square foot parish hall that will include a gymnasium; a height exception is being requested to allow the 35-foot high parish hall/gymnasium to exceed the Planned Residential zone's 24 foot height limit in order to accommodate a 22-foot minimum interior ceiling height for recreational activities such as basketball and to allow the building to have a gable roof to match the existing church sanctuary building, (3) construction of new parking lots to provide 158 additional parking spaces, and (4) construction of new sports fields. The implementation of an off -site traffic mitigation measure will also be considered, which includes creating an exit opening from the Palmira subdivision onto Moss Rose Drive. The project site is located at 43-775 Deep Canyon Road. NOTICE IS HEREBY GIVEN that the City of Palm Desert has completed an Initial Study of the project in accordance with the City's guidelines implementing the California Environmental Quality Act. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Mitigated Negative Declaration. 1'. ■1110,141 � ; a ��1111� 11111 �t11111U!, , 1�/// M$11111. 11111 � � lai � I 11 lg aw %.* ?oat rigitrici •..4ll'1ammuni..i■ •��f wlilli IInOUM■■ : Envil{ T sH ■ ■ SITE asau ' i T, 1111(I141111111j�I{Illlllil11iI1 I,nn,.cl{�Ifl,rtn�,� SAID public hearing will be held on Thursday March 24, 2005, at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, Califomia, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. PUBLISH: Desert Sun March 4, 2005 RACHELLE KLASSEN, Secretary Palm Desert City Council Case No. CITY OF PALM DESERT, CALIFORNIAEIVED CIT Y CLERK'S OFFICE PALM DESERT, CA APPLICATION TO APUAL28 pm 2:3. s DECISION OF THE Pl(krtvtin� Crorn►m.tss)ay- (Name of Determining Body) Cam' aq-13 Date of Decision: al I S J 05 Name of Appellant 44445 60, Meat " to A) Phone (`'7b®) 773-3 7 7s Address -.9 l✓�C a ado ieqzci ,4 c,L4 Dose —7z aft f z4 Description of Application or Matter Considered: --f& 5 acr24 F!-ea.rt CiA v cfrk. ccs e-S c kw4 ribs t Pc:e p+ v n CQA t h ei cs h i fira.ri c-e. Reason for Appeal (attach additional sheets if necessary): See.Acro-ete-ct „.97,,, 4) (Signature of Appellant) FOR OFFICIAL USE ONLY Date Appeal Filed: t 'S—O t 5 Fee Received: , Treasurer's Receipt No. 3.301 5 Received by: c--Di< Date of Consideration by City Council or City Official: ` t,ij Action Taken: Date: Rachelle D. Klassen, City Clerk COPYTOCa..AINI ! 1\16 H:\rklassen\W Pdata\W PDOCS\FORMS\appl to appeal.wpd DATE Rev 6/29/02 7X041Y45 ea /c'ZZG ea,%G fbe-,%J �'-'4 z. ) Aate i 4-c,..M O e-r 0,A-- ')21&O Basis for appeal of Planning Commission Case Number CUP 04-013 1. The proposed location of the conditional use is not in accord with the objectives of this title and the purpose of the district in which the site is located for a number of reasons, including, but not limited to, the height variance required for the parish hall, which variance may be included in a CUP but which does not meet the criteria in Section 25.78 and which never was noticed. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity, specifically because but not limited to the following: • The traffic study prepared is inadequate and fails to take into account the actual traffic counts; • The conditions proposed do not deal appropriately with points of ingress and egress, which should not be off of Deep Canyon, a Class C roadway; that turn around cannot occur on private property; that the amount of traffic generated by the church now — without any improvements — creates a nuisance and traffic hazard as proven by pictures and traffic reports; that the present situation and the improvements violate UFC requirements; • That the Planning Commission has given no consideration to conditions which insure compatibility of use with surrounding developments; • That the Planning Commission has discriminated in favor of Catholics (and against Jews and others) in approving this CUP and specifically the alleged height variance; • That the Planning Commission has failed to address traffic circulation; • That the Planning Commission/staff failed to respond to comments on the mitigated negative declaration because the comment period closed approximately one or two hours before the hearing on this matter; • That the mitigated negative declaration is insufficient given the magnitude of this project, the demolition involved, and the severe traffic impacts which have not been mitigated; coupled with substantial public controversy, the project therefore requires an EIR. • Parking on grass violates City Code without a specific variance and PM-10 ordinances. 3. The proposed conditional use is not in compliance with all of the applicable provisions of the Municipal Code, because the current operation of the church is not in compliance with the Code as to parking and the proposed use would require a substantial parking variance that has not been addressed. 4. The proposed conditional use is not in compliance with the goals, objectives, and policies of the city's general plan, zoning or other planning guidelines for the area. THOMAS W. McCUTCHEN 24 Via Cielo Azul Palm Desert, CA 92260 (760) 773-3774 February 28, 2005 To: City Clerk City of Palm Desert a 3 0 m.� 0 C cx "" rT rn 7400 fri Re: Request for Special Notice re: CIO oLii—C--8-vtc Pc.x ect�.-v-- ALitt4,-, eu�,oC Please provide me with special notice of any hearing or meeting of any kind regarding the above referenced matter. Please let me know immediately when such materials are available and I will pick them up to save delay in mailing time. You can reach me at the phone number listed above. Thank you for your consideration. Thomas W. McCutchen Sacred Heart Church 43-775 Deep Canyon Road • Palm Desert, California 92260 • (760) 346-6502 • Fax: (760) 773-4873 March 9, 2005 City Council Members City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 RECEIVED MAR a 2005 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT Honorable City Council Members: Sacred Heart Church is scheduled to appear before the City Council on March 24, 2005 in response to an appeal of the Palm Desert Planning Commission approval of CUP 04-13, filed by Mr. Thomas W. McCutchen. I am respectfully requesting a continuance for our appearance to the next regularly scheduled City Council meeting on Thursday, April 14, 2005. I am requesting a continuance as March 24 is Holy Thursday and I am scheduled to celebrate Mass at 6:00 and 7:30 p.m. and understand that early placement on the council agenda can not be guaranteed. In addition, as requested by city staff, we are preparing a supplemental traffic analysis which upon completion needs to be reviewed by city staff prior to presentation at the council meeting. Your consideration is greatly appreciated. Sincerely yours in Christ, Fr. ow Pastor HAL/tt K13zcV orri " xxrxxnx,corrorlhoartrxalmrlocort rrxm