HomeMy WebLinkAboutRes No 2624PLANNING COMMISSION RESOLUTION NO. 2624
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO OPERATE A 6,200-SQUARE-FOOT BALLET STUDIO
WITHIN AN EXISTING 18,000-SQUARE-FOOT BUILDING LOCATED IN
THE SERVICE INDUSTRIAL ZONE AT 77-780 COUNTRY CLUB DRIVE
CASE NO: CUP 13-422
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of March, 2014, hold a duly noticed public hearing to consider the request by
California Ballet Opera for approval of the above noted; and
WHEREAS, 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 project is located in an S.I., Service Industrial zone. The
Service Industrial zone set standards for manufacturing, distribution, and
service products intended for use within Palm Desert and adjacent
communities, and limits the opportunity for larger -scale more intense
industrial uses.
The Service Industrial zone allows health clubs, gyms or studios as a
conditionally permitted use. The ballet and dance studio qualifies under the
definition of a studio. The use is relatively low intensity, and is compatible with
similar commercial uses under the same zoning designation, including
existing martial arts studios and private gyms. The proposed ballet and dance
studio is compatible with adjacent businesses, and would have minimal
impacts on parking, traffic, and noise.
PLANNING COMMISSION RESOLUTION NO. 2624
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 ballet and dance studio is consistent with the intent of the City's
Zoning Ordinance as described above. In consideration of the activity as a
whole, the proposed studio does not conflict with Chapter 25.16 Service
Industrial zone of the Palm Desert Municipal Code. The studio will generate
little noise outside of the building, as its' limited hours of operation will not be
detrimental or injurious to the adjacent businesses or nearby residential
properties.
The site has been previously designed to meet setbacks, lot coverage,
building height, land use, and parking requirements for industrial and
commercial uses. The proposed studio will not create a public nuisance in
terms of noise or parking, which would 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.
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 ballet and dance studio use is consistent with the intent of the City's
Zoning Ordinance as described in the staff report. The nature of the proposed
use is compatible with surrounding land uses, and operates during normal
business hours and in the early evenings and weekends when the adjacent
businesses have limited hours. There are no variances or adjustments
required for this use.
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 "Community
Commercial (C-C)." The C-C designation allows for a wide range of services
that are convenient to residents, including specialty retail and person service
businesses. The ballet and dance studio is similar to a service business and
provides adults and kids structured classes and one-on-one training for self-
improvement. The site is also located close to residences and provides
cultural growth opportunities for City and Coachella Valley residents. This
ballet and dance studio 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 nature of the business and
uses in the proposed location.
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PLANNING COMMISSION RESOLUTION NO. 2624
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-
422, 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 18th day of March 2014, by
the following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
OER AH CHAIR' 11'S.N
ATTEST:
URI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2624
CONDITIONS OF APPROVAL
CASE NO: CUP 13-422
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. 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.
4. Any proposed change of this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
5. Improvements that are not on the approved site plan may be subject to additional
requirements and plan submittals by the Public Works Department.
6. The hours of operation are from 10:00 a.m. to 9:00 p.m. Monday through Sunday.
7. The ballet and dance studio shall have a maximum of five employees working at any
one time.
8. No more than 50 students shall be present at any one time.
9. No more than 15 students shall be enrolled in a single class.
10. The studio shall not occupy more than 6,200 square feet.
11.Interior building improvements may require issuance of a building permit. The
applicant shall prepare plans, in accordance with City standards, prior to making
interior modifications for City review.
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