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HomeMy WebLinkAboutRes No 2695PLANNING COMMISSION RESOLUTION NO. 2695 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A 6,150-SQUARE-FOOT PERSONAL STUDIO AT 41-900 CORPORATE WAY, SUITE 300 CASE NO: CUP 17-068 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of June 2017, hold a duly noticed public hearing to consider the request by The Camp CV, LLC, for approval of the above noted; and WHEREAS, the parcel is located in the Service Industrial (SI) zoning district, which allows "health clubs, gyms, or studios" as permitted uses subject to approval of a Conditional Use Permit; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act (CEQA)," Resolution No. 2015-75, the Director of Community Development has determined that the project has no potential to cause a significant adverse impact on the environment; therefore, meets the criteria to be exempt from CEQA pursuant to Section 15061(b)(3) which states "that if an activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to 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 approval of the 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 the site is located. The zoning designation for this property is Service Industrial (SI), which allows for the manufacture, distribution, and service of products intended for use within the City and adjacent communities. Although the use is not service industrial in nature, the business will not interfere with parking or the normal conduct of the adjacent businesses. Classes operate from approximately 4:00 a.m. to 10:00 a.m. and from 4:00 p.m. to 8:00 p.m. daily, generally occurring before and after normal business hours when most service businesses are closed. PLANNING COMMISSION RESOLUTION NO. 2695 2. That the proposed location of the conditional use and the conditions under which it would 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 personal training studio would not create a public nuisance in terms of parking shortages and will meet all applicable requirements of the building code. Therefore, the use will not be detrimental to general public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The proposed use is consistent with the intent of the Zoning Ordinance since it generally operates outside of the standard business hours for the Service Industrial district. 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 "Employment District." The intent of the employment district is to provide a wide variety of office -intensive activity that could include some manufacturing along with research and development opportunities. Allowed land uses include a wide variety of office and limited commercial activity along with multi -family dwellings organized along walkable streetscapes. Uses would include professional and medical office, and traditional business parks. The business will be compatible with the surrounding land uses, and the proposed hours of use would effectively use this center at times when most businesses are closed. This use supports Goal 2, Policy 2.12 (Destination Accessibility) of the Land Use and Community Character chapter of the General Plan by providing amenities within a % mile of a residential development. Additionally, General Plan, Land Use and Community Character Goal 4 states that the intent of each District is to create a "series of unique, destination oriented districts that provide space for large -format retail, industrial and resort uses in order to increase access to jobs, provide amenities for residents, and enhance the fiscal stability of the City." The personal training studio will provide a compatible use and an amenity for residents and nearby employees. 2 PLANNING COMMISSION RESOLUTION NO. 2695 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 for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby approve Conditional Use Permit 17-068, subject to conditions. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on this 6th day of June 2017, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, and HOLT NOES: NONE ABSENT: PRADETTO ABSTAIN: NONE ATTEST: NANCY D NA, CHAIRPERSON RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 3 PLANNING COMMISSION RESOLUTION NO. 2695 CONDITIONS OF APPROVAL CASE NO. CUP 17-068 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 changes to this Conditional Use Permit will require an amendment to the application, which will result in a new public hearing. 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: • City Fire Marshall • Department of Building and Safety Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building and Safety at the time of issuance of a building permit for the use contemplated. DEPARTMENT OF BUILDING AND SAFETY: 4. This project shall comply with the latest adopted edition of the following codes: A. 2016 California Building Code and its appendices and standards. B. 2016 California Plumbing Code and its appendices and standards. C. 2016 California Mechanical Code and its appendices and standards. D. 2016 California Electrical Code. E. 2016 California Energy Code. F. 2016 California Green Building Standards Code. G. 2016 California Administrative Code. H. 2016 California Fire Code and its appendices and standards. 5. Plans are required to be submitted for this change of use. Please see attached "Tenant Improvement" checklist for submittal requirements. 6. Existing use was established as a B/S1, the proposed use will be B/A-3. 7. Provide a floor plan identifying the uses of each separate space in order to determine total occupant load for the proposed project. 8. Submit an exit plan that labels and clearly shows compliance with all required egress features such as, but not limited to, common path of travel, required number of exits and separation, occupant load, required width, continuity, travel distance, elevators, etc. CBC 1001.1. 4 PLANNING COMMISSION RESOLUTION NO. 2695 9. Provide analysis to show compliance with minimum plumbing facilities for the change of use for the proposed project. CPC Section 422.0 and Tables 422-1 and Table A (Occupancy is determined using the CBC). 5