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HomeMy WebLinkAboutRes No 2578PLANNING COMMISSION RESOLUTION NO. 2578 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE CROSSFIT SHIFTED ATHLETICS LOCATED AT 75-135 SHERYL AVENUE IN THE S.I. ZONE, (SERVICE INDUSTRIAL). WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of December, 2011, hold a duly noticed public hearing to consider the request by Chad Kibbey 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. 2011-84, 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." One of the purposes of this district is to provide services for local usage. The type of activity conducted at the proposed site is a community resource to the public, but typically is not favored in residential, office professional, or existing planned commercial zones, based on parking and hours of operation so it is appropriately located in a Service Industrial zone. 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. CrossFit Shifted Athletics meets all applicable requirements of the Zoning Ordinance and will not be detrimental to general public health, safety, and PLANNING COMMISSION RESOLUTION NO. 2578 welfare or materially injurious to the properties in the vicinity if operated as conditioned. Conditions of Approval have been placed on the remote ATM drive -up lane to ensure that it will be maintained in a professional manner. Chapter 25.02 Title and Purpose Section 25.02.030 Intent and Purposes states, the zoning regulations of the city are adopted to protect, promote and enhance the public health, safety, and general welfare. The project will not physically divide an established community or neighborhood. Based on consideration of the whole, the proposed project does not appear to conflict with any applicable land use plan or policies. The site has been previously approved and the use of a CrossFit gym will not be detrimental to the public interest, health, safety, welfare and will not be materially injurious to other businesses in the vicinity as described in more detail in the staff report. 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. 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. CrossFit Shifted Athletics 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 (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 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. 2 PLANNING COMMISSION RESOLUTION NO. 2578 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. CrossFit Shifted Athletics is using the same built improvements, rather than constructing new ones that would be used a small percentage of time. CrossFit Shifted Athletics 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 11-361, subject to conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 6th day of December 2011, by the following vote, to wit: AYES: CAMPBELL, DE LUNA, TANNER, DASH AND LIMONT NOES: NONE ABSENT: NONE ABSTAIN: NONE SONIA CAMPBELL, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 3 PLANNING COMMISSION RESOLUTION NO. 2578 CONDITIONS OF APPROVAL CASE NO. CUP 11-361 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. 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. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. 4. Hours of operation are from 5:00 a.m. to 10:00 a.m. and 5:00 p.m. to 7:00 p.m. Monday through Friday and 9:00 a.m. to 11:00 a.m. Saturday and closed on Sunday. 5. CrossFit Shifted Athletics shall have a maximum of 3 employees, including instructors. 6. CrossFit Shifted Athletics shall have a maximum of 15 clients at one time per day. 4