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HomeMy WebLinkAboutPC Resolution _6175- Case 5.0984 PD-291 AMEND- The SpringsRESOLUTION NO. 6175 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PLANNED DEVELOPMENT DISTRICT 291; THEREBY APPROVING A FRANCHISE MASSAGE ESTABLISHMENT USE AT THE SPRINGS SHOPPING CENTER, LOCATED AT THE NORTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL. WHEREAS, Endure Investments, LLC, (the "Applicant") has filed an application with the City pursuant to Section 94.03.00(G) of the Palm Springs Zoning Code to amend Planned Development District 291 to allow a franchise massage establishment, subject to Chapter 5.34 of the Municipal Code, at the Springs shopping center located at 5200 East Ramon Road, Zone M-1-P, Section 17; and WHEREAS, on September 28, 2005, the Planning Commission voted to recommend that the City Council adopt the Final Environmental Impact Report (FEIR), thereby approving Case No 5.0984 PD 291; and WHEREAS, on October 19, 2005, the Final Environmental Impact Report (FEIR), for the project was previously adopted by the City Council in conjunction with the approval of Case No 5.0984-PD-291, Planned Development District (PD-291); and WHEREAS, on January 12, 2011, a public meeting was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff reports, all written and oral testimony submitted by the applicant, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the requirements of Section 94.03.00(G), of the Zoning Code, the Planning Commission finds: 1) That the use is in keeping with the stated intent and purpose of the Planned Development. The proposed minor amendment to the Planned Development District includes the introduction of a new service -related use, specifically franchise massage establishments, to PD-291. The proposed use is similar to "Fitness/ Health Clubs" and "Medical ! Dental Offices", which are permitted by right within PD-291. Additionally, the proposed use would be regulated by a franchisor and be subject to Chapter 5.34 of the Municipal Code. Planning Commission Resolution No. 6175 January 12, 2011 Case 5.0984 PD-291 AMEND -- The Springs Page 2 of 2 Section 2: The original approval of PD-291 specified a list of potential uses within the shopping center, but never provided a specific zone that listed all uses permitted. The list includes a mixture of major retail, general retail, office and food uses, which are most closely resembled by the City's C-S-C zone. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves (1) the amendment to PD-291 to allow a franchise massage establishment, subject to Chapter 5.34 of the Municipal Code, and (2) the use of the C-S-C zone, Section 92.11.01 of the Zoning Code, as a reference for all future permitted uses within PD-291, located at 5200 East Ramon Road. ADOPTED this 12th day of January 2011. AYES: 5, Donenfeld, Hudson, Munger, Klatchko and Scott NOES: None ABSENT: 1, Conrad ABSTAIN: 1, Caffery IN EO