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HomeMy WebLinkAboutRes No 2614PLANNING COMMISSION RESOLUTION NO. 2614 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR MUSIC AT PALM DESERT COUNTRY CLUB'S CLUBHOUSE PATIO FRIDAY AND SATURDAY NIGHTS LOCATED AT 77-200 CALIFORNIA DRIVE CASE NO: CUP 13-97 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of December 2013, hold a duly noticed public hearing to consider the request by Palm Desert Country Club Diner, LLC 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. 2013-16, 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 of the project is located in the O.P., Open Space zone. The purpose of the zone is intended to provide for areas reserved for parks, public or private recreation. A recreation facility like a clubhouse used for commercial purposes is allowed in the zone, subject to the Planning Commission approving a CUP. The Palm Desert Country Club was constructed under the jurisdiction of the County of Riverside over 50 years ago. The clubhouse currently provides compatible commercial uses such as a restaurant and retail store. The use as proposed and conditioned would complement the other uses within the clubhouse. The proposed outdoor music as conditioned will be compatible with the adjacent residential homes. PLANNING COMMISSION RESOLUTION NO. 2614 Since the clubhouse is surrounded by residential homes, staff has conditioned the project that the permissible decibel level is 55. The hours of operation have been reduced to 6:00 p.m. to 9:00 p.m. on Fridays and Saturdays only, along with the genre of music (country, jazz, and oldies). Staff has eliminated the potential noise concerns, and reduced the type of business conducted to a lower - intensity use than a commercial bar or nightclub. The proposed outdoor music is in accordance with the objectives of the zoning ordinance. 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 potential for adverse noise has been mitigated by conditions. The business would not be detrimental to the public interest, health, safety, welfare, and materially injurious to properties in the vicinity. No known toxins, combustibles, or environmental hazards will be introduced by the proposed use. The outdoor music will be accessible to nearby residents. Based on consideration of the whole, the proposed project is in accordance with the Palm Desert Municipal Code in regards to land use. 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 outdoor music as conditioned is consistent with the intent of the City's Zoning Ordinance as described in the staff report. The applicable provisions of the Zoning Ordinance include Chapters 25.72.050 and 25.22.030, which allow issuance of a CUP for a commercial recreation facility in an open space zone. The nature of the proposed use is compatible with surrounding land uses, and does support the existing clubhouse and residential community. There are no variances or adjustments 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 "Medium Density Residential." One of the primary objectives stated in the Land Use Element of the General Plan is appropriate residential development including single family with shared open space, recreation, and other amenities. The proposed outdoor music as conditioned would be an appropriate integration of neighborhood, since the use would operate in an existing clubhouse for the residential neighborhood. The site is adjacent to residential homes and the proposed use and hours of operation would not create added objectionable noise. Goal 2 of the Commercial Land Use Goals and Policies states "a pattern of commercial land uses conveniently and appropriately distributed throughout the G:\Planning\Monica OReilly\Planning Commission \2013\Resolutions \Res. No. 2614 PDCC Outdoor Music.docx 2 PLANNING COMMISSION RESOLUTION NO. 2614 City, meeting the community's needs while minimizing the disruption to or incompatibilities with other land uses." As a part Palm Desert Country Club being located in a residential neighborhood, the development currently has a clubhouse that provides similar commercial uses such as a restaurant and retail store. The use as proposed and conditioned would complement the other uses within the clubhouse. The use would not create traffic, noise, and parking impacts. The use will also use the same built improvements, rather than constructing new ones that would be used a small percentage of time. 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 proposed business and with the uses in the vicinity. 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 13-97, subject to conditions. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 3rd day of December 2013, by the following vote, to wit: AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL NOES: NONE ABSENT: NONE ABSTAIN: NONE NACY D NA, CHAIRPERSON ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION G:\Planning\Monica OReilly\Planning Commission \2013\Resolutions\Res. No. 2614 PDCC Outdoor Music.docx 3 PLANNING COMMISSION RESOLUTION NO. 2614 CONDITIONS OF APPROVAL CASE NO: CUP 13-97 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 the use commences. 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. The outdoor music is located at the clubhouse patio Friday and Saturday nights from 6:00 p.m. to 9:30 p.m. If noise becomes disturbing, excessive or offensive to the residents in the area and is reported by any five reasonable persons of normal sensitivity within a six-month span regarding the hours between 9:00 p.m. and 9:30 p.m. then the hours of operation will be reduced to 6:00 p.m. to 9:00 p.m. 8. The outdoor music will occur between Labor Day weekend and Fourth of July weekend annually. 9. The outdoor music will rotate between three to four bands consisting of one to four band members each. The amplified music would consist of guitars, drums, keyboard, saxophone, and would occasionally be acoustical. The use of a bass guitar is prohibited. G:\Planning\Monica OReilly\Planning Commission\2013\Resolutions\Res. No. 2614 PDCC Outdoor Music.docx 4 PLANNING COMMISSION RESOLUTION NO. 2614 10. The music genre is limited to country, jazz, and oldies. 11. The outdoor music must not exceed the permissible decibel level of 55. 12. The applicant must continue to monitor the sound levels and provide staff with a monthly report of the average decibel readings at each of the four locations identified in the staff report, and any additional locations that the Director of Community Development request. 13. If noise becomes disturbing, excessive or offensive to the residents in the area and is reported by any ten reasonable persons of normal sensitivity within a year, then the applicant must hire a licensed sound engineer within 30 days when so requested by the Director of Community Development. The sound engineer must prepare a plan that will resolve the reported problems to the satisfaction of the Director of Community Development, and the plan must be implemented within 45 days of the Director's approval. The applicant must submit any required construction plans to the Planning Department, Building & Safety Department, and City Fire Marshal for their review and approvals. G:\Planning\Monica OReilly\Planning Commission\2013\Resolutions\Res. No. 2614 PDCC Outdoor Music.docx 5