HomeMy WebLinkAboutRes No 2458PLANNING COMMISSION RESOLUTION NO. 2458
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW A KARATE INSTRUCTIONAL STUDIO IN A 2,400
"" SQUARE FEET OF A 8,000 SQUARE FOOT COMMERCIAL BUILDING.
THE PROPERTY IS LOCATED AT 73-010 EL PASEO.
CASE NO. CUP 07-12
IMP
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 20th day of November, 2007, hold a duly noticed public hearing to consider the
request by Deanna Bivins, Red Dragon Karate for approval of the above noted; 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. 06-78 in that the Director of Community Development has determined that
the project is a Class 3 Categorical Exemption; 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 approval of the
said request:
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 location is PC-3 Planned Commercial and the district allows for
flexibility in the development, creative and imaginative design, and the proposed
Karate instructional studio is a recreation establishment.
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 Karate instructional studio will meet all applicable requirements of
the zoning ordinance and will not be detrimental to general public health, safety
and welfare or materially injurious to the properties in the vicinity. A condition of
approval has been placed on the project, which will require the project proponent
to construct all necessary on -site infrastructures to provide utilities to the proposed
project prior to the issuance of Building Permits. Water, sanitation and public
utilities and services are available in the public street.
3. That the proposed conditional use will comply with each of the applicable
provisions of the zoning ordinance, except for approved variances or
adjustments. The proposed use is consistent with the intent of the Zoning
Ordinance since it meets and/or exceeds the minimum development standards
of the PC-3 Planned Commercial zone. Additionally, conditions have been added
PLANNING COMMISSION RESOLUTION NO. 2458
to the project to ensure that all the minimum requirements of the Palm Desert
Municipal Code are met, including building, landscaping, public works, and the
fire department conditions.
4. That the proposed conditional use complies with the goals, objectives and
policies of the City's General Plan.
The General Plan land use designation for the site is "Regional Commercial (C-
R)". One of the primary objectives stated in the Land Use Element of the
General Plan is the City is also home to a wide variety of small chain and
independent retailers, including mom and pop stores that have been successful
despite the competition from larger retailers. The project furthers the objectives
and policies of the General Plan and is compatible with the general land uses as
specified in the General Plan. A primary objective stated in the Land Use
Element of the General Plan under Commercial Goals, Policies and Programs is
Goal 1 an integrated and complementary mix of commercial land uses that meet
the day-to-day needs of local residents. Policy 1 of the General Plan Land Use
Element indicates sufficient lands shall be designated to provide a full range of
conveniently located convenience, neighborhood, regional and tourist commercial
services to the residents and visitors of the community and surrounding areas for
present and future years.
This project maintains a land use that is consistent with the goal and policy of the
General Plan. The project is consistent with the General Plan because the project
proposes a commercial use, which is compatible with the existing uses within the
commercial center as well as with the existing area, and offers a service to the
community.
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 07-12 is hereby granted, subject to
conditions attached.
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PLANNING COMMISSION RESOLUTION NO. 2458
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 20th day of November, 2007, by the following vote,
to wit:
AYES: LIMONT, SCHMIDT, TANNER, TSCHOPP, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Acting Secretary
Palm Desert Planning Commission
i
SONIA M. CAMPBELL, Ch irperson
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PLANNING COMMISSION RESOLUTION NO. 2458
CONDITIONS OF APPROVAL
CASE NO. CUP 07-12
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
in the Department of Community Development, as modified by the following
conditions:
2. Applicant must obtain all clearance, permits and licenses as required by the
City's Municipal Code.
3. Hours of operation for Karate instruction shall be conducted from 3:30 p.m. to
7:30 p.m., Monday through Friday, with office hours 10:30 a.m. to 8:00 p.m.
4. Any proposed change of this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
5. The applicant must construct all necessary on -site infrastructures to provide
utilities to the proposed project prior to the issuance of Building Permits.
6. The Karate instruction shall have a maximum of twenty students per class.
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