HomeMy WebLinkAboutRes No 2563PLANNING COMMISSION RESOLUTION NO. 2563
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO OPERATE DESERT CROSSFIT LOCATED WITHIN THE
PRES MONTEREY INDUSTRIAL PROJECT AT 73-605 DINAH SHORE
DRIVE IN THE S.I. ZONE, (SERVICE INDUSTRIAL).
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 6th day of September, 2011, hold a duly noticed public hearing to consider the request
by Cheryl Cohen 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:
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. 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 under PP
03-21 allowing the development of 16 light industrial buildings totaling
174,550 square feet with 362 parking stalls. 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. Desert
CrossFit operates by `appointment only' throughout the day Monday
through Sunday and the classes operate six times per day and twice on
the weekends starting at 5:45 a.m. to 8:00 p.m. With the proposed hours
of operation and appointment only schedule, the business will not impact
the businesses in the area.
PLANNING COMMISSION RESOLUTION NO. 2563
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 use of Desert CrossFit 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 Desert CrossFit 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.
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 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 03-21 as 16 light industrial
buildings. 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. Desert CrossFit 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.
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 (l-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 68 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.
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PLANNING COMMISSION RESOLUTION NO. 2563
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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. Desert CrossFit is using the same
built improvements, rather than constructing new ones that would be used a
small percentage of time. Desert CrossFit is an industrial zone and 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 11-295, subject to conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 6th day of September 2011, by the following vote, to
wit:
AYES: CAMPBELL, DASH, DE LUNA, AND TANNER
NOES: NONE
ABSENT: LIMONT
ABSTAIN: NONE
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PLANNING COMMISSION RESOLUTION NO. 2563
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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SONIA CAMPBELL, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2563
CONDITIONS OF APPROVAL
CASE NO. CUP 11-295
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. 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
3. 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.
4. Any proposed change of this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
5. Hours of operation are from 5:45 a.m. to 8:00 p.m. Monday through Sunday.
6. Desert CrossFit shall have a maximum of 5 employees, including instructors.
7. Desert CrossFit shall have a maximum of 15 clients at one time per day.
8. Desert CrossFit shall follow the class schedule as outlined in the staff report
dated September 6, 2011.
9. Improvements that are not on the approved site plan may be subject to additional
requirements and plan submittals by the Public Works Department.
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PLANNING COMMISSION RESOLUTION NO. 2563
10. 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
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