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HomeMy WebLinkAboutCC RES 96-28� ��- o�� RESOLUTION NO. 96-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALL�W THE TEMPORARY OPERATION OF A 4248 SQUARE FOOT HEALTH CLUB INCLUDING GYM EQUIPMENT, EXERCISE CLASSES, PHYSICAL THERAPY AND RELATED USES IN SUITES B AND J IN THE HIGHWAY 111 FRONTING BUILDING OF A 40,000 SQUARE FOOT RETAIL/OFFICE COMPLEX AT THE NORTHEAST CORNER OF PORTOLA AVENUE AND HIGHWAY 111. CASE N0. CUP 96-6 WHEREAS, the City Council of the City of Palm Desert, California, did on the 25th day of April, 1996, hold a duly noticed public hearing to consider the request of RICH AND SHELLY MURO for approval of a conditional use permit to allow the temporary operation of a 4248 square foot health club including gym equipment, exercise classes, physical therapy and related uses in Suite B and J to be located in the Highway 111 fronting building of a 40,000 square foot retail/office complex at the northeast corner of Portola Avenue and Highway 111; and WHEREAS, the Planning Commission of the City of Palm Desert, California has, by its Resolution No. 1730, approved the requested 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, Resolution No. 80-89," in that the director of community development has determined that the project is a Class 3 categorical exemption for 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 city council did find the following faets and reasons to exist to justify the granting of said conditional use permit: 1. The location of a health club within retail commercial complexes is complimentary and beneficial to retai2 tenants in the vicinity. 2. The mix of uses and their peak operation hours in the retail/ office complex and the available parking supplies are such that the proposed health club will not create a parking shortage in the area if the health club hours are appropriately limited. 3. The proposed use is consistent with the goals and objectives of the general commercial zone, Commercial Core Area Specific Plan and the Palm Desert General Plan. 0 4. The proposed location of the conditional use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That approval of Conditional Use Permit 96-6 is hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 25th day of April, 1996, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SPIEGEL, SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE 1 �i�,J � �� �-L -L�- WALTER H. SNYDER,�May ATTEST: `-- ��-�� ��. - ��--_.. �HEILA I LIGAN, CITY LER � CITY OF� ALM DESERT, CALIFORNIA � 0 CONDITIONS OF APPROVAL CASE NO. CUP 96-6 Department of Community Development: 1. Applicant shall comply with all state, county, and city regulations concerning health club use. 2. The applicant shall obtain all necessary architectural review commission and department of building and safety permits required by any physical modification of the site. 3. Health club shall be limited to 4248 square feet in area. 4. Health club trash shall be restricted to south Alessandro parking lot trash dumpsters only. 5. That this conditional use permit is approved for a temporary period only and shall expire October 1, 1996. 6. That during the hours that the aerobic room (Suite J) and the gym (Suite B) are in operation, the doors shall be closed so that loud music does not impact on the residential area to the north on tenants/customers of other businesses. 7. That the exercise classes in Suite J shall conclude by 6:15 p.m. and that the premises be closed, vacant and locked by 6:30 p.m. unless the applicant provides ten (10) additional parking spaces from the northeast corner of the north parking lot, and in which case then the hours noted earlier herein will be 7:45 p.m. and 8:00 p.m. 8. That the applicant and/or an appropriate partner shall file appropriate complete precise plan of design applications and any other necessary applications for approval of a new health club facility with the Department of Community Development no later than May 15, 1996. Failure to file in a ti�ely manner shall result in a new hearing before Planning Commission and possible revocation of this conditional use permit. 9. That the applicant and/or an appropriate partner shall pull required building permits and commence construction for the new health club facility no later than September 1, 1996. Failure to acquire the required building permit and commence construction by September 1, 1996 shall result in a new hearing before Planning Commission and possible revocation of this conditional use permit. 10. Payment of TUMF unless waived by appropriated authorities. 11. Project is subject to Art in Public Places program per Palm Desert Municipal Code Chapter 4.10. 12. That on the inside of the west facing glass adjacent to Portola Avenue the applicant install appropriate screening material to screen occupants from view from the public street.