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HomeMy WebLinkAboutRes No 2539A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO OPERATE AND EXPAND A BRIDGE CARD-PLAYING FACILITY LOCATED AT 74-836 TECHNOLOGY DRIVE, SUITE 103-105, APN: 694-190-066. CASE NO. CUP 10-274 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of December, 2010, hold a duly noticed public hearing to consider the request by the Coachella Valley Bridge Foundation doing business as Duncan Bridge Center 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. 10-26 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: 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. One of the purposes of this district is to encourage the most effective use of a site with a variety of residential environments providing necessary public facilities, ample open space and a functional, well-balanced community. The type of activity conducted at the proposed site is a community resource to the public. Impact is minimal and may have a positive impact on adjacent businesses. Parking is currently abundant and the proposed activity and number of persons attending this site would effectively use the built structures and systems in place. 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 bridge 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 building. Classes operate throughout the day seven days a week, effectively using the site while directing new community growth and development, potentially positively impacting adjacent businesses. 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; the organization operates an activity-based use that operates throughout the day. Adjacent businesses provide services or goods that could also benefit from the increased traffic to the site. This use will direct new community growth, achieve more interest, and encourage the most effective use of the site. No variances or adjustments are required to approve this conditional use. 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 an existing underutilized center. 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. That approval of an amendment to Conditional Use Permit 10-274 is hereby granted, subject to conditions attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of December, 2010, by the following vote, to wit: AYES: CAMPBELL, LIMONT, SCHMIDT AND TANNER NOES: DeLUNA ABSENT: NONE ABSTAIN: NONE ________________________________ M. CONNOR LIMONT, Chairperson ATTEST: ____________________________ LAURI AYLAIAN, Secretary Palm Desert Planning Commission CONDITIONS OF APPROVAL CASE NO. CUP 10-274 DEPARTMENT OF COMMUNITY DEVELOPMENT: 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. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. Hours of operation for Duncan Bridge Center shall be from 8:00 a.m. to 10:30 p.m., Monday through Sunday. Duncan Bridge Center shall have a maximum of 221 persons on-site at any one time. Immediate parking will be limited to the west, rear parking area and the north half of the site to a total of 65 spaces, while the remaining occupants must use the overflow parking at the Hampton Inn as agreed upon between DBC and the Hampton Inn representatives. 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 *The 2010 California Codes will be applicable for any project submitted for plan review after December 31, 2010. 2. Sanitary facilities must comply with CPC Table 4-1 and CBC 11B. 3. The counter and sink will have to be accessible to persons with disabilities, as well as all other required components per the California Building Code Chapter 11B. 4. A licensed architect or engineer will be required to review and stamp the plans since the use and egress system will change. 5. 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. 6. 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. 7. Please contact Debbie Le Blanc, Land Management Specialist, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. FIRE DEPARTMENT: Occupancy load signs shall be clearly posted in all areas. The fire lane access roadway minimum width is 24’ and height clearance is 13’-6” for public roadways that are unobstructed and no parking exists on either side. If cars are parked on both sides of a roadway, a 32’ access lane must be kept clear and if parking is on both sides, a 36’ access lane must be kept clear. A fire apparatus turn around shall be provided for dead end streets or fire department access in excess of 150’ in length with an approved cul-de-sac or hammer head dimension. Fire department requirements for all radius turns are 31’ inside and 52’ outside. All of these dimensions and requirements must be maintained as a part of this approval.