HomeMy WebLinkAboutRes No 2268PLANNING COMMISSION RESOLUTION NO. 2268
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A 1600 SQ. FT.
FITNESS CENTER/MASSAGE ESTABLISHMENT IN AN
EXISTING INDUSTRIAL OFFICE BUILDING AT 75-175
MERLE DRIVE, SUITE 150, APN 634-260-032.
CASE NO. CUP 04-09
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 4th day of May, 2004, hold a duly noticed public hearing to consider the request of
Energy Bar, LLC., Courtney Cook for approval of the above noted conditional use permit;
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. 02-60," in that the Director of Community Development has determined that
the project is a Class 32 categorical exemption for 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 granting approval of said
conditional use permit:
FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT:
1. The proposed fitness center/massage use is a permitted conditional use in
the SI zone district.
2. That the 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.
3. That the proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
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 Planning Commission in this case.
PLANNING COMMISSION RESOLUTION NO. 2268
2. That approval of Conditional Use Permit 04-09 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 4th day of May, 2004, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SABBY J THAN, Chairperson
ATTEST:
PHILIP DRELb , Secretary
Palm Desert P anning Commission
PLANNING COMMISSION RESOLUTION NO. 2268
CONDITIONS OF APPROVAL
CASE NO. CUP 04-09
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:
Coachella Valley Water District
Palm Desert Architectural Commission
City Fire Marshal
Public Works Department
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. Applicant shall apply for a business license with the City's Finance Department for
the subject business. A valid business license shall be maintained at all times
during the operation of the subject business.
Buildina and Safety Department
1. If tenant improvement plans for the subject business include a shower, shower shall
be handicapped accessible.
Fire Department
No Conditions.
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