HomeMy WebLinkAboutPC Resolution _6333- Case 5.1298 CUPRESOLUTION NO. 6333
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE 5.1298, A CONDITIONAL USE
PERMIT (CUP) TO ALLOW A KENNEL FACILITY
WITHIN THE EXISTING MULT-TENANTED
INDUSTRIAL PARK BUILDING LOCATED AT 5000
CALLS SAN RAPHAEL.
WHEREAS, Andrew Wooster ("Applicant") has filed a Conditional Use Permit
application with the City pursuant to Section 94.02.00 of the Zoning Code to allow dog
care, grooming and boarding within a 3,552-square foot space (Suite C-6) of a 15,305-
square foot building located at 5000 Calie San Raphael, Zone M-1, Section 20, APN:
680-561-002; and
WHEREAS, a kennel facility including dog care, grooming and boarding may be
permitted in the M-1 (Service 1 Manufacturing) Zone with the approval of a Conditional
Use Permit, and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case No. 5.1298 CUP was given in accordance with applicable law;
and
WHEREAS, on June 26, 2013, a public hearing on the application was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, the proposed project is considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and has been determined to be
Categorically Exempt as a Class I exemption (Existing Facilities) pursuant to Section
15301 of the CEQA Guidelines; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not
limited to, the staff report, and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Section 94.02.00(B)(6) of the Zoning Code requires the Planning
Commission not approve a Conditional Use Permit unless it finds as follows:
1. That the use applied for at the location set forth in the application is properly one
for which a conditional use permit is authorized by this Zoning Code.
Pursuant to Section 92.17.01(A)(3) of the Zoning Code, an animal kennel is a permitted
use within the M-1 Zone with the approval of a Conditional Use Permit. The use will be
located in the same vicinity as other light industrial uses. Therefore, staff has
Planning Commission Resolution No 6333 June 26, 2013
Case 5.1298 CUP — Kennel Facility at 5000 Calle San Raphael Page 2 of 3
determined that the finding has been met. 0
2. That the use is necessary or desirable for the development of the community, is
in harmony with the various elements or objectives of the general plan, and is not
detrimental to existing uses or to future uses specifically permitted in the zone in
which the proposed use is to be located.
The use will provide dog care, boarding and grooming within a service manufacturing
industrial area of the City, consistent with the zone and general plan designations. The
proposed use is desirable for the development of the community as it will enhance
available options to pet owners. The kennel will be entirely contained within the
building and is not anticipated to be detrimental to existing uses or future uses
specifically permitted in the M-1 Zone designation. •
3. That the site for the intended use is adequate in size and shape to accommodate
such use, including yards, setbacks, walls or fences, landscaping, and other
features required in order to adjust such use to those existing or permitted future
uses of land in the neighborhood.
The subject property is an existing multi -tenanted industrial park complex with fifty
parking spaces available. The proposed use is anticipated to have two full-time
employees and provide care for up to fifteen animals entirely within a 3,552-square foot
space. Impacts to the existing parking area will be minor for the proposed use, and all
activities associated with the operation will occur indoors. Therefore, the proposed use
is not anticipated to be detrimental to existing and future permitted uses of land in the
neighborhood.
4. That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be generated
by the proposed use.
The project site is located along South Gene Autry Trail, which is designated as a major
thoroughfare on the General Plan Circulation Element. The building is approximately
15,305-square feet in size and any traffic generated by the proposed use will be
insignificant to the nearby streets and highways.
5. That the conditions to be imposed and shown on the approved site plan are
deemed necessary to protect the public health, safety and general welfare and
may include minor modification of the zone's property development standards.
Such conditions may include:
a. Regulation of use
b. Special yards, space and buffers
c. Fences and walls
d. Surfacing of parking areas subject to city specifications
e. Requiring street, service road, or alley dedications and improvements or
appropriate bonds
Planning Commission Resolution No. 6333 June 26, 2013
Case 5.1298 CUP — Kennel Facility at 5000 Calle San Raphael Page 3 of 3
f. Regulation of points of vehicular ingress and egress
g. Regulation of signs
h. Requiring landscaping and maintenance thereof
i. Requiring maintenance of grounds
j. Regulation of noise, vibrations, odors, etc.
k. Regulation of time for certain activities
1. Time period within which the proposed use shall be developed
m. Duration of use
n Dedication of property for public use
o. Any such other conditions as will make possible the development of the city
in an orderly and efficient manner and in conformity with the intent and
purposes set forth in this Zoning Code, including but not limited to mitigation
measures outlined in an environmental assessment.
Staff has included Conditions of Approval to provide parameters and restrictions for the
use, including, but not limited to, compliance with the City Noise Ordinance, etc.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case No. 5.1298 CUP, a Conditional Use Permit to allow
a kennel facility with dog care, grooming and boarding in a 3,552 square foot space of a
15,305-square foot building located at 5000 Calle San Raphael, subject to the
conditions set forth in the attached Exhibit A.
ADOPTED this 26th day of June 2013.
AYES: 7, Calerdine, Donenfeld, Hudson, Klatchko, Munger, Roberts, Weremiuk
NOES: None
ABSENT: None
ABSTAIN: None
A =C QT.
Director of Planning Services
CITY OF PALM SPRINGS, CALIFORNIA
RESOLUTION NO.6333
EXHIBIT A
Case 5.1298 CUP
Wooster's Canine Retreat
5000 Calle San Raphael
June 26, 2013
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of
Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on
which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case
5.1298 CUP, except as modified by the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans date stamped April 15, 2013, on file in
the Planning Division, except as modified by the conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.1298 CUP. The City of Palm Springs will promptly
notify the applicant of any such claim, action, or proceeding against the City
of Palm Springs and the applicant will either undertake defense of the matter
Resolution No. 6333
Conditions of Approval
5.1298 CUP — Kennel at 5000 Calle San Raphael
Page 2 of 4
June 26, 2013
and pay the City's associated legal costs or will advance funds to pay for
defense of the matter by the City Attorney. If the City of Palm Springs fails to
promptly notify the applicant of any such claim, action or proceeding or fails to
cooperate fully in the defense, the applicant shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City of Palm Springs.
Notwithstanding the foregoing, the City retains the right to settle or abandon
the matter without the applicant's consent but should it do so, the City shall
waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 7. Time Limit on Approval. Approval of this Conditional Use Permit shall be
valid for a period of two (2) years from the effective date of the approval.
Once the use is implemented, the Conditional Use Permit does not have a
time limit, provided the project has remained in compliance with all conditions
of approval.
ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 9. Cause No Disturbance. All dogs shall be leashed or otherwise secured when
outside of the building to avoid disturbance or conflict to others on -site, those
in the surrounding areas or vehicles on roadways. The operator shall post
this requirement on all exit doors. It will be the responsibility of the operator
to monitor and enforce this requirement.
ADM 10. Grounds for Revocation. Non-compliance with any of the conditions of this
approval or with City codes and ordinances, State laws; any valid citizen
complaints or policing and safety problems regarding the operation of the
establishment; as determined by the Chief of Police or the Director of Building
and Safety, may result in proceedings to revoke the Conditional Use Permit.
In addition, violations of the City Codes and Ordinances will result in
Resolution No. 6333
Conditions of Approval
5.1298 CUP — Kennel at 5000 Calle San Raphael
Page 3 of 4
June 26, 2013
enforcement actions which may include citations, temporary business closure,
or revocation of this permit in accordance with the law.
ADM 11. Comply with City Noise. Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 12. Comply with City Animal Ordinance. This use shall comply with all applicable
provisions of Chapter 10 Animals of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 13. Comply with Riverside County Airport Land Use Commission. The owner and
operator shall comply with all five conditions imposed by the Riverside County
Airport Land Use Commission.
ADM 14. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ADM 15. Conditional_ Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit and approved security plan to all buyers and potential
buyers.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Hours of Operation. The applicant shall be required to maintain the operating
hours as stated on the Conditional Use Permit application. Hours of
operation shall be from 7:00 AM to 6:00 AM daily. Any future modifications to
the hours of operation shall require prior approval by the Planning Director.
PLN 2. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00.
PLN 3. Extericr_Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 4. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 5. There shall be staff on duty and awake 24 hours a day.
PLN 6. The entire leased space shall be air-conditioned.
PLN 7. All State and County licenses shall be obtained and maintained.
(3
Resolution No. 6333
Conditions of Approval Page 4 of 4
5.1298 CUP — Kennel at 5000 Calle San Raphael June 26, 2013
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
END OF CONDITIONS
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