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HomeMy WebLinkAboutRes No 2494PLANNING COMMISSION RESOLUTION NO. 2494 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW "DESERT VALLEY ALL-STAR MAVERICKS CHEER" IN 4,408 SQUARE FEET OF AN 8,200 SQUARE FOOT BUILDING. THE PROPERTY IS LOCATED AT 73-605 DINAH SHORE DRIVE, SUITE 500E. CASE NO. CUP 08-444 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of December, 2008, hold a duly noticed public hearing to consider the request by "Desert Valley All -Star Mavericks Cheer" 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 California 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 accordance with the objectives of the zoning ordinance and the purpose of the district in which it is located. The proposed location is in a Service Industrial zone. Although the proposed use is not service oriented, the type of business conducted at the proposed site is minimal during adjacent business hours and would have minimal impacts on parking. Team member classes do not begin until 4:00 P.M., when most service businesses are closed or beginning to close for the day. 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 "Desert Valley All -Star Mavericks Cheer" 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. Water, sanitation, public utilities and services are already constructed throughout the complex. 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. 2494 The proposed use is consistent with the intent of the Zoning Ordinance since it operates at hours that are typically opposite of business in the area. This promotes a mixed, efficient use of the site within the Service Industrial zone. 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 "Industrial / Business Park (I-B.P.)". A primary objective stated in the Land Use Element of the General Plan under Industrial Goals, Policies and Programs is Goal 1, which provides for the development of business parks and non-polluting industrial uses, and which assures compatible integration with other, non -industrial land uses. Policy 6B of the General Plan Land Use Element is to review all business park / industrial development proposals with a special regard for public health and safety issues to ensure that the type and intensity of the use is appropriate for the proposed location and comparative with surrounding land uses. This project maintains a land use that is consistent with the goals, policies, and programs of the General Plan. The project is consistent with the General Plan in respect to the appropriate use of the proposed location. The business is compatible with surrounding land uses, and the proposed hours of use would effectively use this center at a time when most businesses are closed. 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 08-444 is hereby granted, subject to conditions attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of December, 2008, by the following vote, to wit: AYES: CAMPBELL, CAMPBELL, LIMONT, SCHMIDT, TANNER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission VAN G. TANNER, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 2494 CONDITIONS OF APPROVAL CASE NO. CUP 08-444 DEPARTMENT OF COMMUNITY DEVELOPMENT: 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. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. 3. Hours of operation for Desert Valley All -Star Mavericks Cheer shall be from 4:00 p.m. to 8:00 p.m., Monday through Thursday, with office hours 8:30 a.m. to 8:00 p.m. 4. Desert Valley All -Star Mavericks shall have a maximum of 30 team members at the approved site at one time. 5. The applicant must construct any necessary on -site infrastructure to provide utilities to the proposed project prior to the issuance of building permits. 6. All conditions of approval shall be recorded with the Riverside County Clerk's office before any building permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning. 3