HomeMy WebLinkAboutRes No 1730PLANNING COMMISSION RESOLUTION NO. 1730
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE TEMPORARY
OPERATION OF A 4248 SQUARE FOOT HEALTH CLUB
INCLUDING GYM EQUIPMENT, EXERCISE CLASSES,
PHYSICAL THERAPY AND RELATED USES IN SUITES B AND
J IN THE HIGHWAY 111 FRONTING BUILDING OF A 40,000
SQUARE FOOT RETAIL/OFFICE COMPLEX AT THE NORTHEAST
CORNER OF PORTOLA AVENUE AND HIGHWAY 111.
CASE NO. CUP 96-6
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 19th day of March, 1996, hold a duly noticed
public hearing to consider the request of RICK AND SHELLY MURO for
approval of a conditional use permit to allow the temporary operation
of a 4248 square foot health club including gym equipment, exercise
classes, physical therapy and related uses in Suite B and J to be
located in the Highway 111 fronting building of a 40,000 square foot
retail/office complex at the northeast corner of Portola Avenue and
Highway 111; 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. 80-89," in that the director
of community development has determined that the project is a Class 3
categorical exemption for purposes of CEQA; and
WHEREAS, at 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 granting of said conditional use
permit:
1. The location of a health club within retail commercial
complexes is complimentary and beneficial to retail tenants
in the vicinity.
2. The mix of uses and their peak operation hours in the retail/
office complex and the available parking supplies are such
that the proposed health club will not create a parking
shortage in the area if the health club hours are
appropriately limited.
3. The proposed use is consistent with the goals and objectives
of the general commercial zone, Commercial Core Area Specific
Plan and the Palm Desert General Plan.
4. The proposed location of the conditional use and the
conditions under which it will be operated and maintained
will not be detrimental to the public health, safety or
general welfare, or be materially injurious to properties or
improvements in the vicinity.
PLANNING COMMISSION RESOLUTION NO. 1730
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 commission in this case.
2. That approval of Conditional Use Permit 96-6 is hereby
granted, subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 19th day of March, 1996, by
the following vote, to wit:
AYES: CAMPBELL, FERNANDEZ, JONATHAN
NOES: BEATY, FERGUSON
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
0
PHILIP DWELL, SECRETAR
PALM DEST PLANNING COMMISSION
2
PAUL R. BEATY, Chairpe son
PLANNING COMMISSION RESOLUTION NO. 1730
CONDITIONS OF APPROVAL
CASE NO. CUP 96-6
Department of Community Development:
1. Applicant shall comply with all state, county, and city
regulations concerning health club use.
2. The applicant shall obtain all necessary architectural review
commission and department of building and safety permits required
by any physical modification of the site.
3. Health club shall be limited to 4248 square feet in area.
4. Health club trash shall be restricted to south Alessandro parking
lot trash dumpsters only.
5. That this conditional use permit is approved for a temporary
period only and shall expire February 28, 1997, unless extended
which can only occur subsequent to a public hearing held by the
Planning Commission.
6. That during the hours that the aerobic room (Suite J) and the gym
(Suite B) are in operation, the doors shall be closed so that loud
music does not impact on the residential area to the north on
tenants/customers of other businesses.
7. That the exercise classes in Suite J shall conclude by 6:15 p.m.
and that the premises be closed, vacant and locked by 6:30 p.m.
unless the applicant provides ten (10) additional parking spaces
from the northeast corner of the north parking lot, and in which
case then the hours noted earlier herein will be 7:45 p.m. and
8:00 p.m.
8. That the applicant and/or an appropriate partner shall file
appropriate complete precise plan of design applications and any
other necessary applications for approval of a new health club
facility with the Department of Community Development no later
than May 15, 1996. Failure to file in a timely manner shall
result in a new hearing before Planning Commission and possible
revocation of this conditional use permit.
9. That the applicant and/or an appropriate partner shall pull
required building permits and commence construction for the new
health club facility no later than September 1, 1996. Failure to
acquire the required building permit and commence construction by
September 1, 1996 shall result in a new hearing before Planning
Commission and possible revocation of this conditional use permit.
3
PLANNING COMMISSION RESOLUTION NO. 1730
10. Payment of TUMF unless waived by appropriated authorities.
11. Project is subject to Art in Public Places program per Palm Desert mil
Municipal Code Chapter 4.10.
12. That on the inside of the west facing glass adjacent to Portola
Avenue the applicant install appropriate screening material to
screen occupants from view from the public street.
4