HomeMy WebLinkAboutRes No 2600PLANNING COMMISSION RESOLUTION NO. 2600
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT (CUP) TO ALLOW THE ASYLUM CROSSFIT GYM LOCATED
WITHIN THE VENTURE COMMERCE CENTER AT 73-700, SUITE 301,
DINAH SHORE DRIVE IN THE SERVICE INDUSTRIAL ZONE.
CASE NO: CUP 13-63
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 2nd day of April 2013, hold a duly noticed public hearing to consider the request by
Greg Wilson for approval of the above noted; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the
City must determine whether a proposed activity is a project subject to CEQA. If the
project is subject to CEQA, staff must conduct a preliminary assessment of the project
to determine whether the project is exempt from CEQA review. If a project is not
exempt, further environmental review is necessary. Further review from a non-exempt
project would result in a Negative Declaration, a Mitigated Negative Declaration or an
Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project
may have a significant impact on the environment. The said application has complied
with the requirements of the "City of Palm Desert Procedure for Implementation of the
California Environmental Quality Act", Resolution No. 2012-20, in the Director of
Community Development has determined that the proposed project is a Class 3: New
Construction or Conversion of Small Structures (15303) Categorical Exemption for
purposes of CEQA and no further review 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 to exist to approve the said
request:
Findings for 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 type of
business conducted at the proposed site is minimal during adjacent business
hours and would have minimal impacts on parking, traffic, and noise. Other
CrossFit gym facilities that are similar in size are located within the Service
Industrial zones within the City, and have not impacted other businesses. The
PLANNING COMMISSION RESOLUTION NO. 2600
proposed CrossFit gym is in accordance with the objectives of the zoning
ordinance and purpose of the 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.
The proposed project as a conditional use is consistent with the intent of the
City's Zoning Ordinance as described above. The project will not physically
divide an established business park center. The proposed project does not
pose a conflict in regards to land use.
The site has been previously designed to meet setbacks, lot coverage,
building height, land use, and parking requirements for office type uses. The
proposed CrossFit gym would not create a public nuisance in terms of noise
and parking shortages. Therefore, the use would not be detrimental to the
public interest, health, safety, welfare, and materially injurious to properties in
the vicinity as described in more detail in the staff report. The CrossFit gym
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. The site has already been developed and
approved under PP 04-33 as four 16,473 square -foot 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. The CrossFit
gym 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 and the Fire Department
conditions. 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
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PLANNING COMMISSION RESOLUTION NO. 2600
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 CrossFit gym is better suited at this site since the use occurs
during hours when other businesses don't use the parking lot. The CrossFit
gym is using the same built improvements, rather than constructing new ones
that would be used a small percentage of time. The CrossFit gym is an
industrial zone and would protect residential neighborhoods from traffic, noise,
and parking impacts.
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 Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of CUP 13-
63, subject to conditions.
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PLANNING COMMISSION RESOLUTION NO. 2600
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 2nd day of April 2013, by
the following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, AND STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
i�CC.N
NANCY D
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
NA, CHAIRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2600
CONDITIONS OF APPROVAL
CASE NO: CUP 13-63
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:
Coachella Valley Water District
Building & Safety Department
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented to
the Department of Building & Safety at the time of issuance of a building permit for
the use contemplated herewith.
4. All conditions of approval shall be recorded with the Riverside County Clerk's office
before any building permits are issued. Evidence of recordation shall be submitted
to the Department of Community Development/Planning.
5. Applicant shall defend, indemnify and hold harmless the city against any third party
legal challenge to these approvals, with counsel chosen by the city at applicant's
expense.
6. Any proposed change of this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
7. Improvements that are not on the approved site plan may be subject to additional
requirements and plan submittals by the Public Works Department.
8. The hours of operation are from 6:30 a.m. to 8:30 p.m. Monday through Sunday.
9. No more than eight CrossFit classes per day.
10. The CrossFit gym shall have a maximum of 12 clients per class per day.
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PLANNING COMMISSION RESOLUTION NO. 2600
11. The CrossFit gym will have a maximum of three employees including instructors.
12. This project shall comply with the latest adopted edition of the following codes:
A. 2010 California Building Code and its appendices and standards.
B. 2010 California Plumbing Code and its appendices and standards.
C. 2010 California Mechanical Code and its appendices and standards.
D. 2010 California Electrical Code.
E. 2010 California Energy Code.
F. 2010 California Green Building Standards Code
G. Title 24, California Code of Regulations.
H. 2010 California Fire Code and its appendices and standards.
13. A disabled access overlay of the precise grading plan is required to be submitted to
the Dept of Building and Safety for plan review of the site accessibility requirements
as per 2010 CBC Chapters 11A & B (as applicable) and Chapter 10.
14. All exits must provide an accessible path of travel to the public way. (CBC 1024.6 &
1127B.1)
15. Detectable warnings shall be provided where required per CBC 1133B.8 and
1127B.5 (7). The designer is also required to meet all ADA requirements. Where an
ADA requirement is more restrictive than the State of California, the ADA
requirement shall supersede the State requirement.
16. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Dept of Building and
Safety.
17. 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.
18. 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.
19. Address numerals shall comply with Palm Desert Ordinance No. 1217 (Palm Desert
Municipal Code 15.15. Compliance with Ordinance 1217 regarding street address
location, dimension, stroke of line, distance from street, height from grade, height
from street, etc. shall be shown on all architectural building elevations in detail. Any
possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons
that may render the building address unreadable shall be addressed during the plan
review process. You may request a copy of Ordinance 1217 or Municipal Code
Section 15.28 from the Department of Building and Safety counter staff.
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PLANNING COMMISSION RESOLUTION NO. 2600
20. Please contact Cherie Williams, Building and Safety Technician, at the Department
of Building and Safety (760-776-6420) regarding the addressing of all buildings
and/or suites.
21. If noise from weights dropping and music becomes disruptive to adjacent
businesses, the applicant will work with staff on sound mitigations to the
satisfactory of the Director of Community Development.
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