HomeMy WebLinkAboutRes No 2580PLANNING COMMISSION RESOLUTION NO. 2580
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW A NEW YOGA STUDIO KNOWN AS THE YOGA
CENTER LOCATED AT 73-875 HIGHWAY 111.
CASE NO. CUP 11-406
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 HOLLY HUGHINS/EILEEN FLAHERTY 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, the Director of Community Development has determined that
the project will not have a negative impact on the environment and is a Class 3
Categorical Exemption for the purposes of CEQA; 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 the
recommendation to the City Council of said request:
CONDITIONAL USE FINDINGS:
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 location of the proposed yoga studio is within the General
Commercial zone. The purpose of the General Commercial zone is to
provide specialty and general commercial shopping facilities which are
inherent within a resort community and are available to residents of the
City. A yoga facility provides a specialty service for recreation and
relaxation that is common in a resort community. In addition, it provides a
specialty service to the residents of Palm Desert.
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 location of the yoga studio is within an existing building that is
currently being remodeled for the use. All construction plans associated
with the use will be reviewed and approved based on the California
Uniform Building Code. The yoga studio will not be detrimental to the
PLANNING COMMISSION RESOLUTION NO. 2580
public health, safety or welfare, or be materially injurious to properties or
improvements in the vicinity.
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 yoga studio complies with each of the applicable provisions
of the zoning ordinance because the project location is an existing building
that has been developed in accordance with the Palm Desert Municipal
Code. The only reason for the conditional use permit is to assure there is
adequate parking within the commercial center. No variances or
adjustments are being approved as part of this conditional use permit.
4. That the proposed conditional use complies with the goals, objectives and
policies of the City's General Plan.
Goal 1 of the City's General Plan's Goals and Polices section in the Land
Use Element states that the City shall provide "a pattern of commercial
land uses conveniently and appropriately distributed throughout the City,
meeting the community's needs while minimizing the disruption to or
incompatibilities with other land uses". The proposed use provides a
recreational need that provides a specialty service within in a mixed use
commercial center. A parking survey was done to assure that the
proposed use would not disrupt other commercial uses within President's
Plaza.
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 Planning Commission in this case.
2. That the Planning Commission does hereby approve Conditional Use
Permit 11-406, subject to conditions attached.
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PLANNING COMMISSION RESOLUTION NO. 2580
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
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
)--
SONIA CAMPBELL, Chair
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PLANNING COMMISSION RESOLUTION NO. 2580
CONDITIONS OF APPROVAL
CASE NO. CUP 11-406
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community Development, as modified by the following
conditions.
2. Any proposed change of Conditional Use Permit 11-406 shall require an
amendment, which requires a new public hearing.
3. All yoga classes shall be held between the hours of 6:00 am to 11:00 am, and
3:00 pm to 9:00 pm daily.
4. The maximum number of people allowed per class, including instructor or any
employees shall be 16.
5. Any interior improvements required for the yoga studio shall be reviewed and
approved the City.
6. Any improvements to the outside of the building that are not shown on the site
plan may be subject to additional requirements and plan submittals to the Public
Works Department.
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