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HomeMy WebLinkAboutRes No 2510PLANNING COMMISSION RESOLUTION NO. 2510 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A GYMNASTIC PRACTICE FACILITY WITHIN A 3,688 SQUARE FOOT SUITE. THE PROPERTY IS LOCATED AT 75-140 ST. CHARLES PLACE, SUITE D. CASE NO. CUP 09-291 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 4th day of August, 2009, hold a duly noticed public hearing to consider the request by Desert Gymnastics Academy 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. Classes operate for three hours during the each day Monday through Thursday with three hours occurring after normal business hours starting at 5:00 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 gymnastic practice facility 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. 2510 The proposed use is consistent with the intent of the Zoning Ordinance since it minimally operates during business hours when the longest lessons are conducted opposite of normal business hours 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 09-291 is hereby granted, subject to conditions attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of August, 2009, by the following vote, to wit: AYES: CAMPBELL, LIMONT, SCHMIDT, TANNER NOES: DELUNA ABSENT: NONE ABSTAIN: NONE LAURI AYLAIAN, Secretary Palm Desert Planning Commission VAN G. TANNER, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 2510 CONDITIONS OF APPROVAL CASE NO. CUP 09-291 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 Gymnastics Academy shall be from 10:00 a.m. to 8:00 p.m., Monday through Thursday, and Saturday hours from 9:00 a.m. to 12:00 p.m. 4. Desert Gymnastics Academy shall have a maximum of 15 students and 3 coaches at the approved site at any one time. 5. 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. BUILDING AND SAFETY DEPARTMENT: 1. Project must conform to the current State of California Codes adopted at the time of plan check submittal. The following are the codes enforced at this time: 2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC) 2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC) 2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC) 2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC) 2007 CALIFORNIA ENERGY CODE (Based on the 2005 Energy Efficiency Standards) 2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2007 CALIFORNIA FIRE CODE 2. Typical items for review in a change of use are as follows: • Occupant load/defined use • Number of exits/exit travel distance • Number of required sanitary fixtures • Ventilation/HVAC • Accessibility 3. The request needs to clearly identify if this is a "Temporary" Use or "Permanent" Use. If "Temporary", a definitive timeline must be stated within the CUP approval and submitted with the plans for review. 3