HomeMy WebLinkAboutA. CUP 08-108 Chun Hua Deng "Anna" CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING COMMISSION STAFF REPORT
REQUEST: Approval of Conditional Use Permit for a massage establishment
located in the Palms to Pines West shopping mall at 72-655 Highway
111, Suite B-7.
SUBMITTED BY: Renee Schrader, Associate Planner
APPLICANT: Chun Hua Deng "Anna"
77-777 Country Club Drive
Palm Desert, CA 92260
CASE NO(s): CUP 08-108
DATE: April 1, 2008
I. EXECUTIVE SUMMARY:
Approval of a Conditional Use Permit for a 1,040 square foot massage
establishment located in the Palms to Pines West shopping mall would allow an
existing small successful business to comply with Municipal Code Section
5.87.040 "Massage Establishments and Location" and Zoning Ordinance
Chapter 25.72 "Conditional Uses" that require discretionary formal approval from
the Planning Commission prior to operation. A parking study and operational
impacts have been included in the report to assist in determining use intensity.
II. BACKGROUND:
A. Municipal Code Sections 5.87.040, 25.58.310 and 25.58.311
In accordance with City of Palm Desert Municipal Code Section 5.87.040,
all massage establishments are required to apply for a Conditional Use
Permit, a massage permit and a business license. Massage establishments
are permitted in the General Commercial, Planned Commercial, Office
Professional, Service Industrial, and as an accessory use associated with
hotels, beauty salons, day spas, athletic clubs and other health services.
As per Section 25.58.310, for Health studios and Spas, a minimum of 1
parking stall for each 150 square feet is required. Section 25.58.311 states
that all uses within the C-1 zone requiring a greater than one space per two
Staff Report
Case No. CUP 08-108
April 1, 2008
Page 2 of 6
hundred fifty square feet parking stall to floor area ratio shall be required to
acquire a Conditional Use Permit as set forth in Chapter 25.72.
As part of said Conditional Use Permit the Commission may modify the
parking requirements for said use. In modifying such requirements the
Commission shall consider:
1. The parking demand generated by said use in relation to other uses
in the area;
2. The hours of operation of said use in relation to the hours of
operation of other uses in the area;
3. The relationship of the type of use to other uses in the area;
4. Any other factor the Commission might deem necessary in making
its decision.
Historically, parking has been the primary issue when considering the
approval of a Conditional Use Permit for any massage establishment
application within the City.
B. Property Description:
The property is located between El Paseo and Highway 111 in the Palms
to Pine West shopping center adjacent to the Tratattoria Tiramisu
restaurant; sharing with multiple tenants the same building as Von's
grocery store. Suite B-7 is oriented westward with 10 parking spaces
directly in front of the shop and 11 parking spaces across a drive aisle. Of
the 10 spaces in front of the establishment, 2 are designated as
handicapped parking.
The applicant assumed the massage establishment, in January of 2008,
from another purveyor who had not obtained Planning Commission
approval. When the applicant became a tenant at the proposed address,
she attempted to acquire the appropriate business documentation.
Currently, the proprietor of Health System is seeking a Conditional Use
Permit in order to fully license the business.
C. Zoning and General Plan Designation:
Zoning: PC-3SP Planned Commercial/Scenic Preservation Overlay
General Plan: CC Community Commercial
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Staff Report
Case No. CUP 08-108
April 1, 2008
Page 3 of 6
D. Adjacent Zoning and Land Use:
North: PC SP Westfield shopping Center
South: PR-4 Sandpiper Residential Community
East: PC3SP Retail shops
West: OP CuistotNisitors Center
III. PROJECT DESCRIPTION:
A. Site Plan:
The tenant space is 20 feet wide and 52 feet long, totaling 1,040 square
feet in area. The proposed business is composed of a lobby/reception
room, and three therapy rooms along a hallway, with a kitchen and supply
room in the rear. The therapy rooms are 8 feet by 12 feet in size.
B. Proposed Business Plan:
The proposed hours of operation are from 9 AM to 9 PM, seven days a
week. The current number of employees is two. There are three massage
tables proposed. Upon a field visit to determine the type of business, it was
determined that the shop is well kept and to the standards of most resort
spas offering massage. The Health System business proposes to offer
deep tissue massage, acupressure and foot reflexology.
IV. ANALYSIS:
A. Parking:
The Massage Establishment Ordinance requires Conditional Use Permits
for all massage establishments to assure that there is adequate parking
and land use compatibility. Staff has conducted a parking analysis to
study the current level of available parking.
The establishment has a total of 21 available parking spaces that are
shared with the Trattatoria Tiramisu restaurant, and a currently empty
tenant space to the south, as shown on attached site plan. However, the
restaurant's main entrance faces north towards the Von's parking lot.
Restaurant guests appear to rarely make use of the spaces on the west
side.
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Staff Report
Case No. CUP 08-108
April 1, 2008
Page 4 of 6
Day of week Time of day Of 21 available spaces
the number of occupied
spaces
3/17/08 Monday 10:00 AM 3
3/17/08 Monday 3:00 PM 4
3/18/08Tuesday 9:30 AM 3
3/18/08Tuesday 4:30 PM 5
3/19/08 Wednesday 11:15 AM 5
3/19/08 Wednesday 3:00 PM 4
3/20/08 Thursday 1:30 PM 5
3/20/08 Thursday 5:15 PM 5
3/21/08 Friday 10:00 AM 3
3/21/08 Friday 5:15 PM 5
B. Land Use Compatibility:
The proposed massage establishment is located in a PC (Planned
Commercial) zone. It has been shown that massage establishments are
compatible with commercial land uses.
The Health System massage establishment currently supplies services to
predominantly an elderly clientele, offering a health promoting massage
similar to physical therapy. The applicant wishes to continue to cater to
this type of clientele.
C. Hours of Operation/Number of Employees:
The applicant proposes to operate from 9:00 AM to 9:00 PM, Monday
through Sunday, which is an average spread of business hours for
commercial venues in the district. The proposed massage establishment
is not expected to create any negative impacts on the surrounding
neighbors based on its hours of operation at this location.
There are currently two employees. Analyzing the influences of personnel
and parking accounted in the parking study, and the hours of operation
that the adjacent tenants provide, there does not appear to be any
negative impacts from the proposed hours of operation or the number of
employees of the message establishment at this location.
The type of services offered are clinical and therapeutic, offering healing
therapies to an elderly clientele. Therefore, any negative impacts from
intensification or incompatibility of uses as per Chapter 25.72 would not
likely occur at this location.
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Staff Report
Case No. CUP 08-108
April 1, 2008
Page 5 of 6
D. Findings of Approval:
Based on the analysis, the Planning Commission may consider that the
following findings have been satisfied in order to approve the Conditional
Use permit request, as set forth in Chapter 25.72:
1. The parking demand generated by said use in relation to other uses in the
area;
2. The hours of operation of said use in relation to the hours of operation of
other uses in the area;
3. The relationship of the type of use to other uses in the area;
4. Any other factor the commission might deem necessary in making its
decision.
V. ENVIRONMENTAL REVIEW:
The application is a Class 3 categorical exemption for purposes of CEQA and no
negative environmental impacts are anticipated.
VI. CONCLUSION:
The parking survey illustrates there is anywhere from 16 to 18 vacant spaces
with an average of 17 in the parking lot. Any health studio or spa in a 1,040
square foot tenant space would generate a need for 7 spaces. However, due to
the shared aspect of parking through out the parking lot, it can be concluded that
this project would be of minimal impact, as customers could park in available
spaces in the adjacent areas of the Von's parking lot. As conditioned all findings
required for approval of a CUP can be met, and staff recommends approval of
CUP 08-108, subject to attached conditions.
VII. RECOMMENDATION:
That the Planning Commission adopt the findings and adopt Planning
Commission Resolution No. , approving CUP 08-108 for Health System
subject to conditions attached.
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Staff Report
Case No. CUP 08-108
April 1, 2008
Page 6 of 6
VIII. ATTACHMENTS:
A. Draft Resolution
B. Legal Notice
C. Exhibits
Submitted by: Department Head:
Renee Schrader Lauri Ayl ian
Associate Planner Director of Community Development
Approval:
Homer Croy
ACM for Develop nt Services
G:\Planning\Renee Schrader\Planing Case Files\CUP 08-108 Health Systemsthealth systems PC 4-1 Staff Report doc
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
ALLOW A MASSAGE THERAPY ESTABLISHMENT LOCATED IN THE PALMS
TO PINES WEST SHOPPING MALL AT 72-655 HWY 111, SUITE B-7.
CASE NO. CUP 08-108
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 1st day of April, 2008, hold a duly noticed public hearing to consider the request by
Health System for approval of the above noted; 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. 06-78, in that the Director of Community Development has determined
that the project is a Class 3 Categorical Exemption; 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:
1. That the proposed location of the Conditional Use Permit is in accord with
the objectives of the Massage Establishment Ordinance and Zoning
Ordinance.
2. That the proposed Conditional Use Permit 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 in
the area.
3. That the proposed conditional use permit will comply with each of the
applicable provisions of this title.
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 Commission in this case.
2. That approval of Conditional Use Permit 08-108 is hereby granted, subject
to conditions attached.
PLANNING COMMISSION RESOLUTION NO.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this ltst day of April, 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DAVID E. TSCHOPP, Chairperson
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
2
PLANNING COMMISSION RESOLUTION NO.
CONDITIONS OF APPROVAL
CASE NO. CUP 08-108
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
in the Department of Community Development, as modified by the following
conditions:
2. Applicant must obtain all clearance, permits or licenses as required by the City's
Municipal Code including, but not limited to Ordinance No. 870 Massage
Establishment, before the conditional use permit is deemed valid.
3. The massage establishment shall be limited to a maximum of three employees.
4. The massage establishment shall maintain a maximum of three massage tables.
5. Hours of operation shall be conducted from 9:00 AM to 9 P.M, Monday through
Sunday.
6. Any proposed change of this conditional use permit will require an amendment,
which will result in a new public hearing.
3
CITY Of NU DESERT
73-510 FREI)WARINci [)RIVI'.
I. �' .� PALM DESERT,CALIFORNIA 92260-2578
` "• ^,` TEL:760 346-0611
• .i' FAX:760 341-7098
• ��I •• •
m(o@palm-dcscrr.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.CUP 08-118
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning
Commission to consider a request by Health System to approve a Conditional Use Permit for a
massage establishment located in the Palms to Pines West shopping mall at 72-655 Hwy 111,
Suite B-7.
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SAID public hearing will be held on April 1, 2008, at 6:00 p.m. in the Council Chamber at the
Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time
and place all interested persons are invited to attend and be heard. Written comments
concerning all items covered by this public hearing notice shall be accepted up to the date of
the hearing. Information concerning the proposed project and/or negative declaration is
available for review in the Department of Community Development at the above address
between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the
proposed actions in court,you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written correspondence delivered to
the Planning Commission at,or prior to,the public hearing.
PUBLISH: Desert Sun LAURI AYLAIAN, Secretary
March 19,2008 Palm Desert Planning Commission