HomeMy WebLinkAboutRes No 27181
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PLANNING COMMISSION RESOLUTION NO. 2718
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 APPROVING A CONDITIONAL USE PERMIT FOR
THE OPERATION 6,718-SQUARE-FOOT INDOOR BASEBALL AND
SOFTBALL TRAINING FACILITY WITHIN AN EXISTING INDUSTRIAL
BUILDING LOCATED AT 73-804 DINAH SHORE DRIVE
CASE NO: CUP 18-0001
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 1st day of May 2018, hold a duly noticed public hearing to consider the request by
The Hitting Zone 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 (CUP); 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. 2015-75, the Director of Community Development has determined that
the project will not have a negative impact on the environment and qualifies as a Class 32
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 approval of 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. Other youth -oriented facilities have been approved in the SI zone
through the CUP process.
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.
PLANNING COMMISSION RESOLUTION NO. 2718
Based on the facility's operational characteristics and recommended conditions of
approval, the proposed facility 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 facility is located within an existing building, which complies with the
development standards for the Service Industrial zoning designation. The
proposed use is consistent with the intent of the Zoning Ordinance since it
generally operates outside of the standard business hours for the SI district. A
variance reducing the facility's required parking to fourteen (14) spaces is
associated with this approval due to the low -intensity nature of the 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 "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.
This use supports Goal No. 5 of the General Plan Land Use Element by
contributing to the diversity of existing centers in Palm Desert, providing
employment opportunities and complimenting the needs of 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 approve Conditional Use Permit 18-
0001, subject to conditions attached.
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PLANNING COMMISSION RESOLUTION NO. 2718
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PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm
Desert, California, at its regular meeting held on the 1st day of Mav 2018, by the following
vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
YAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
(,9SEPH PRADETTO, CHAIRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2718
CONDITIONS OF APPROVAL
CASE NO. CUP 18-0001
Community Development Department:
1. The operation of the facility shall conform substantially with approved exhibits on file
with the Department of Community Development, except as modified by conditions
herein.
2. The project site shall be developed and maintained in conformance with the
approved plans and exhibits on file with the City. Any variation from the approved
plans must be reviewed and approved by the Community Development Department
prior to building permit issuance, and may require review and approval by the
Planning Commission and/or City Council.
3. The Permittee shall agree to defend, indemnify, and hold harmless, the City of Palm
Desert or its agents, officers, and employees from any claim, action or proceeding
against the City of Palm Desert or its agents, officers or employees, to attack, set
aside, void, or annul, any approval of the City of Palm Desert, whether by its City
Council, Planning Commission, or other authorized board or officer of the City. The
City of Palm Desert shall promptly notify the Permittee of any such claim, action, or
proceeding, and the City of Palm Desert shall cooperate fully in the defense.
4. The Permittee or successor in interest shall meet the applicable code requirements
of all City Departments.
5. Operation shall not encroach or obstruct parking lot circulation, access driveways,
ADA paths of travel or emergency vehicle access.
Building and Safety Department:
6. This project shall comply with the latest adopted editions of the following codes:
A. 2016 California Building Code and its appendices and standards.
B. 2016 California Electrical Code.
C. 2016 California Administrative Code.
D. 2016 California Fire Code and its appendices and standards.
7. The recycling facility will be required to meet all the applicable provisions for disabled
access per 2016 CBC Chapters 11 B.
8. 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.
9. 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.
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