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HomeMy WebLinkAboutRes No 2555 PLANNING COMMISSION RESOLUTION NO. 2555 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE THE YARD AUTHENTIC STRENGTH AND BARBELL, A PRIVATE FITNESS TRAINING CENTER AT 74-794 42ND AVENUE IN THE S.I. ZONE, (SERVICE INDUSTRIAL). WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of July, 2011, hold a duly noticed public hearing to consider the request by Anthony Nicolas Frasca 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 will not have a negative impact on the environment and that the application is a Class 3 Categorical Exemption for purposes of CEQA, and therefore no further documentation is necessary; 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 exist to justify the approval of said request: Findings of Approval: 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. Chapter 25.34 Service Industrial District, Section 25.34.020 Permitted uses, L. states, “The Planning Commission may, by resolution; permit other uses which are similar and no more objectionable than those enumerated in this section.” The project was approved by the Planning Commission by Resolution No. 2283 for office/warehouse use. The proposed location of the building is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. The type of business conducted at the proposed site is minimal during adjacent business hours and would have minimal impacts on parking, traffic, and noise. The one-on-one personal training operates by ‘appointment only’ throughout the day Monday through Sunday and weightlifting classes operate four days per week starting at 3:00 p.m. to 7:00 p.m. With the proposed hours of operation and appointment only schedule, since eight out of the 12 suites are currently vacant, the business will not impact the businesses in the area. 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 use of a private fitness training center is permitted within the S.I. zone subject to a Conditional Use Permit (for the land use) and is consistent with the intent of the City’s Zoning Ordinance as described in the staff report. The proposed private fitness training center 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 available and existing within the complex. The private training facility will also conform to all Building & Safety requirements of the State of California for licensing. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments. The property is located in the Service Industrial zone and the project complies with all provisions of the base zone (S.I.). The site has already been developed and approved under PP 03-23 as an office/warehouse building. The proposed use is consistent with the intent of the Zoning Ordinance since it meets and/or exceeds the developed standards in the S.I. zone. The private fitness training center will operate during regular business hours and conditions have been placed on 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. This promotes a mixed, efficient use of the site within the S.I. zone. No variances or adjustments are required for approval. 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. The Circulation Element of the General Plan is meant to address and ensure that transportation issues are addressed in a manner that limits adverse and enhances positive impacts, and to assure that local traffic stays local. The Circulation Element also establishes and directs actions to maintain acceptable levels of service on all community roadways. A goal of the City is to carefully review projects to assure neighborhood character is protected. The non-industrial private fitness facility is better suited at this site since the private fitness facility use occurs during hours when industrial uses don’t need the parking lot and infrastructure. The private fitness training center is using the same built improvements, rather than constructing new ones that would be used a small percentage of time. A private fitness training center in an industrial zone would protect residential neighborhoods from traffic and parking impacts, as well as preserve safety for residents. 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 offers an excellent 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 the Planning Commission does hereby grant approval of Conditional Use Permit 11-72, subject to conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of July 2011, by the following vote, to wit: AYES: DASH, CAMPBELL, DE LUNA, TANNER AND LIMONT NOES: NONE ABSENT: NONE ABSTAIN: NONE ________________________________ SONIA CAMPBELL, Chairperson ATTEST: ____________________________ LAURI AYLAIAN, Secretary Palm Desert Planning Commission CONDITIONS OF APPROVAL CASE NO. CUP 11-72 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. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: City Fire Marshal Building and Safety Department Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. Hours of operation are from 6:00 a.m. to 8:00 p.m. Monday through Sunday. The private fitness training center shall have a maximum of 3 employees, including instructors. The private fitness training center shall have a maximum of 10 clients at one time per day. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals by the Public Works Department. All conditions of approval from Resolution No. 2283 shall apply. During the tenant improvement process the 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: 2010 CALIFORNIA BUILDING CODE (Based on 2009 IBC) 2010 CALIFORNIA MECHANICAL CODE (Based on 2009 UMC) 2010 CALIFORNIA PLUMBING CODE (Based on 2009 UPC) 2010 CALIFORNIA ELECTRICAL CODE (Based on 2008 NEC) 2010 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency Standards) 2010 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2010 CALIFORNIA FIRE CODE 2010 CALIFORNIA GREEN BUILDING CODE