HomeMy WebLinkAboutRes No 1820PLANNING COMMISSION RESOLUTION NO. 1820
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST BY
RICK MURO FOR A CONDITIONAL USE PERMIT TO PERMIT THE
OPERATION OF A 22,000 SQUARE FOOT HEALTH CLUB WITH
FUTURE BEER AND WINE LICENSE IN A VACANT INDUSTRIAL
BUILDING AT 74-824 LENNON PLACE.
CASE NO. CUP 97-10
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 15th day of July, 1997, hold a duly noticed public hearing to consider the request of
RICK MURO for Pinnacle Athletic Club for the above project; 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. 97-18," in that the Director of Community Development has determined that the project
is a Class 5 categorical exemption for the purposes of CEQA and no further documentation
is necessary; 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. That the proposed location of the conditional use is in accord with the
objectives of this title and the purpose of the district in which the site is
located.
2. That 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.
3. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for parking as discussed at length in the staff
report dated July 15, 1997.
4. That the proposed conditional use complies with the goals, objectives, and
policies of the city's adopted 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 commission in this case.
PLANNING COMMISSION RESOLUTION NO. 1820
2. That Conditional Use Permit 97-10 on file in the Department of Community
Development is hereby approved, subject to conditions (Exhibit A). .iI
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 5th day of August, 1997, by the following vote, to wit:
AYES: BEATY, CAMPBELL, FERGUSON
NOES: NONE
ABSENT: FERNANDEZ, JONATHAN
ABSTAIN: NONE
ATTEST:
PHILIP DRELL,�Secretary
Palm Desert PI nning Commission
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JA
ES CATO
ON, Chairperson
PLANNING COMMISSION RESOLUTION NO. 1820
EXHIBIT A
CONDITIONS OF APPROVAL
CASE NO. CUP 97-10
Department of Community Development/Planning:
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. Construction/conversion of a portion of said project shall commence within one year
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.
4. 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:
Coachella Valley Water District
Palm Desert Architectural Commission
City Fire Marshal
Public Works Department
Desert Sands Unified School District
Evidence of said permit or clearance from the above agencies shall be presented to
the department of building and safety at the time of issuance of a building permit for
the use contemplated herewith.
5. That the applicant shall provide for installation of solid waste and recycling
enclosures serving all public buildings, per Ordinance No. 612, said enclosures
subject to approval of Environmental Conservation Manager.
6. The project shall be subject to all applicable fees at time of issuance of permits
including, but not limited to, Art in Public Places, TUMF and school mitigation fees.
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PLANNING COMMISSION RESOLUTION NO. 1820
7. That if the parking lot is illuminated, a light plan prepared by a lighting engineer shall
be required confirming compliance with the city's parking lot lighting restrictions.
8. That the hours of operation of the health club shall be from 5:30 a.m. until 9:00 p.m.
Monday through Friday; from 7:00 a.m. to 5:00 p.m. on Saturday and 8:00 a.m. until
4:00 p.m. on Sunday.
9. That all signs on site be approved by the architectural review commission and
conform with ordinance requirements.
10. That the applicant shall post prominent signs inside the health club encouraging
members to park in the rear parking area.
11. Applicant shall provide adjacent property owner to the west with a certificate of
insurance for $ 1,000,000.00 naming him as additional insured in event an athletic
club member files suit due to injury on his property. Policy shall include notification
of additional insured and City in case of failure to pay premium.
12. Applicant shall provide a parking attendant to direct club members to designated
spaces and away from adjacent properties and fire lanes.
13. At least 90 parking spaces shall be developed on -site to serve the proposed health
club.
14. Any use of the adjacent 7000 vacant space other than as pure warehouse shall
require amendment of this conditional use permit.
Department of Public Works:
1. In accordance with Palm Desert Municipal Code Section 3.44 the project shall be
subject to Transportation Uniform Mitigation Fees (TUMF). The fee shall be based
on the proposed change of use (Industrial/Office to Indoor Recreational Facility).
Specific use determination and the related TUMF shall be subject to review of the
Coachella Valley Association of Governments.
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