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HomeMy WebLinkAboutRes No 2530PLANNING COMMISSION RESOLUTION NO. 2530 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE A GYMNASTICS PRACTICE FACILITY IN A PLANNED COMMUNITY DEVELOPMENT ZONE. THE PROJECT IS LOCATED AT 75-400 GERALD FORD DRIVE, SUITES 117-120 (APN: 694-160-004). CASE NO. CUP 10-97 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of May, 2010, 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 Planned Community Development zone. Although the proposed use is not typical of the businesses within the developed zone, the type of business conducted is in accordance with the objectives of the Zoning Ordinance purpose identified in Section 25.02.030E and provides exercise facilities that will promote and enhance public health as stated in the Intent and Purposes of Section 25.02.030. 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. The proposed location is within an existing development that was constructed with the appropriate improvements and mitigation measures for the site. Water, sanitation, public utilities and services are already constructed throughout the building. PLANNING COMMISSION RESOLUTION NO. 2530 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 actual practice lessons minimally operate during business hours when the longest lessons extend past normal business hours in the area. This promotes a mixed, efficient use of the site within the Planned Community Development zone. The proposed use complies with each of the requirements of PDMC 25.72 Conditional Uses, and no variances or adjustments are requested or required. 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. Classes operate during various hours from 9:00 a.m. to 8:00 p.m. Monday through Friday. Classes extend past typical business hours further utilizing existing infrastructure and parking which would not normally be used after 5:00 p.m. The business is compatible with surrounding land uses, and the proposed use would effectively use this center which is currently underutilized during the week; Monday through Friday. 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 10-97 is hereby granted, subject to conditions attached. 2 PLANNING COMMISSION RESOLUTION NO. 2530 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of May, 2010, by the following vote, to wit: AYES: CAMPBELL, DELUNA, SCHMIDT, TANNER, LIMONT NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: LAURI AYLAIAN, Secreta• Palm Desert Planning Commission 3 M.CONNOR LIMONT, Chairperson PLANNING COMMISSION RESOLUTION NO. 2530 CONDITIONS OF APPROVAL CASE NO. CUP 10-97 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 9:00 A.M. to 8:00 P.M., Monday through Friday. 4. Desert Gymnastics Academy shall have a maximum of 20 students and 4 coaches at the subject 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 2008 Energy Efficiency Standards) 2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2007 CALIFORNIA FIRE CODE 2. Existing sanitary facilities may not be sufficient based on the intended use (gymnastics/other) noted on the plans and will be reviewed during the plan review process. 3. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 4. All contractors and/or owner -builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 4