HomeMy WebLinkAboutRes No 2237PLANNING COMMISSION RESOLUTION NO. 2237
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF
A 1,400 SQUARE FOOT DANCE STUDIO IN AN EXISTING
MULTI -TENANT COMMERCIAL RETAIL BUILDING AT 73-910
HIGHWAY 111, SUITE L.
CASE NO. CUP 03-20
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
2nd day of December, 2003, hold a duly noticed public hearing to a consider a request by PATTY
WILLIAMS for the above mentioned; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the Califomia Environmental Quality Act, Resolution No.
02-60," in that the Director of Community Development has determined that the proposed project
is a Class 1 categorical exemption per Section 15301 (Existing Facilities) of CEQA Guidelines
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 granting approval of said conditional use
permit:
FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT:
1. That the proposed location of the conditional use is in accord with the objectives of
the zoning ordinance and the purpose of the district in which it is located.
• The proposed business is permitted in the C-1 zone with approval of a
conditional use permit by the Planning Commission.
2. That the proposed location of the conditional use and the conditions under which
it will 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 proposed business use is compatible with the surrounding
businesses and will not be detrimental to the general public health, safety
and welfare or materially injurious to the properties in the vicinity. Staff
conducted parking surveys of the project site at various times and days
and found that there is an adequate number of vacant parking spaces (a
minimum of 34) available to meet the eight parking spaces required by
the Zoning Ordinance for the dance studio.
3. That the proposed conditional use will comply with each of the applicable
provisions of the zoning ordinance, except for approved variances or
adjustments.
PLANNING COMMISSION RESOLUTION NO. 2237
• The conditional use permit as conditioned will comply with the zoning
requirements for that district. The project is conditioned to limit the
number of students to 30 students per class with one instructor /
employee, or 27 students and two instructors / employees.
4. That the proposed conditional use complies with the goals, objectives and
policies of the City's General Plan.
• The proposed business use is compatible with other surrounding uses
and meets all of 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
commission in this case.
2. That approval of the Conditional Use Permit 03-20 is hereby granted for reasons
subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 2nd Day of December 2003, by the following vote, to wit:
AYES: FINERTY, JONATHAN, LOPEZ, TSCHOPP, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE r ;
-� �.
SONIA M. CAMPBELL, Chairperson
ATTEST:
PHILIP DRELL, cretary
Palm Desert Planning Commission
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PLANNING COMMISSION RESOLUTION NO. 2237
CONDITIONS OF APPROVAL
CASE NO. CUP 03-20
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community Development, as modified by the following
conditions.
2. Construction 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.
3. 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.
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:
City Fire Marshal
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. All future occupants of the building shall comply with parking requirements in
Section 25.58 of the zoning ordinance.
6. The maximum number of students and employees during any one class at
Starlight Dance Center shall be limited to 30 students and one employee /
instructor, or 27 students and two employees / instructors. Parking demands
created by the dance studio use have been calculated to be eleven parking
spaces based on the Zoning Ordinance standard of one parking space for each
three students capacity of each classroom, plus one parking space for each
faculty member.
7 Starlight Dance Studio shall apply for and obtain a City business license from the
City's Finance Department.
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