HomeMy WebLinkAboutA. CUP 08-433 Lawrence M. Andrews AC Massage Therapy CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Approval of a Conditional Use Permit to allow the use of "AC Massage
Therapy" in an existing Office Professional zone. The project is located
at 72-855 Fred Waring Drive, Suite C-16 (APN: 640-121-012).
SUBMITTED BY: Missy Grisa
Assistant Planner
APPLICANT: Lawrence M. Andrews
13433 E. Valley Blvd.
Industry, CA 91746
CASE NO. CUP 08-433
DATE: December 16, 2008
EXECUTIVE SUMMARY:
Approval of staff's recommendation would allow the applicant to operate a
massage therapy business with up to three staff members working during office
hours from 9:00 a.m. to 9:00 p.m., seven days per week, in a 780 square-foot
tenant space located in an Office Professional zone.
II. BACKGROUND:
A. Property Description:
The property is located south of Fred Waring Drive, west of San Luis
Drive, north of Sonora Drive, and east of Fairhaven Drive. The proposed
use is within an existing complex with adjacent businesses to the east and
west in the same building. South of the business complex are residential
single family homes, and to the north are more office professional
buildings across Fred Waring Drive.
B. Zoning and General Plan Designation:
The property is zoned as O.P., Office Professional, and the General Plan
designation is C—O.P., Office Professional.
Staff Report
CUP 08-433
December 16, 2008
Page 2 of 6
C. Adjacent Zoning / Land use:
North: O.P. Office Professional / Office buildings
South: R-1 Residential Single Family / Residential homes
East: O.P. Office Professional /Adjacent business within building
West: O.P. Office Professional /Adjacent business within building
III. PROJECT DESCRIPTION:
The applicant is requesting approval of a Conditional Use Permit for "AC
Massage Therapy". The "AC Massage Therapy" business would provide one to
two licensed massage therapists, and one part-time person for general office
work / cleanup, on site during the hours of operation from 9:00 a.m. to 9:00 p.m.
seven days per week. An average of 10 to 15 customers per day would be
anticipated on an appointment schedule. Walk-ins will be accepted as the
schedule allows. The typical session schedule will be evenly divided between
half hour and one hour sessions.
The applicant has submitted a floor plan, a project location plan, and an
expanded statement of use as presented in the exhibits.
IV. ANALYSIS:
The Massage Establishment Ordinance requires a conditional use permit to
assure that there is adequate parking and land use compatibility for all massage
establishments. Staff has conducted a parking study and has concluded that the
proposed "AC Massage Therapy" business would be of minimal impact to the
neighboring office professional properties with respect to its parking utilization
and hours of operation. The project complies with all of the development
standards of the zone.
A. Parking:
The site has a total of approximately 90 parking stalls with four dedicated
for accessible parking. The subject tenant space would be located at 72-
855 Fred Waring Drive, Suite C-16, where the applicant will be leasing
780 square feet of office space.
Adjacent businesses consist of a variety of uses, but quite a few medical
offices exist at this complex. Parking for patients and customers alike
seems to be more than adequate at this time. The business as proposed
would take minimal parking based on the amount of people that can
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Staff Report
CUP 08-433
December 16, 2008
Page 3 of 6
occupy the number of leased square feet. Staff believes additional parking
would still be available if the proposed use is approved.
In the table below, available parking was recorded from Thursday,
November 13, 2008 to Thursday, November 20, 2008 during the hours as
shown.
Date Time Vacant Vacant Occupied Occupied
Parking Accessible Spaces Accessible
Spaces Spaces Spaces
Thurs 10:07 AM 31 2 56 2
November 13
Thurs 1:15 PM 36 3 50 1
November 13
Mon 10:02 AM 27 4 59 0
November 17
Mon 4:45 PM 32 2 54 2
November 17
Tues 9:33 AM 27 4 60 0
November 18
Tues 4:40 PM 42 4 45 0
November 18
Wed 10:00 PM 20 3 66 1
November 19
Wed 4:45 PM 30 4 56 0
November 19
Thurs 10:15 AM 23 2 65 2
November 20
Thurs 4:44 PM 41 4 45 0
November 20
Average
Available 30.9 3.2 55.6 .8
Spaces
The parking study concluded that an average of 30.9 parking spaces
would be available during the hours of 8:00 a.m. to 5:00 p.m. during the
work week. Staff also conducted off hours parking studies during the
evenings and weekends with an average 22% occupied stall rate and 78%
(72 vacant stalls) available parking spaces during these off peak hours.
Staff believes the proposed use will not create a parking problem.
B. Land Use Compatibility:
The proposed business is located in an Office Professional (O.P.) zone.
The O.P. zone is intended to set standards for businesses with relatively
low intensity uses which are compatible with adjacent residential zoning
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Staff Report
CUP 08-433
December 16, 2008
Page 4 of 6
and development. In this particular office complex, it appears as though
the proposed use would be compatible with the other commercial / office
uses.
C. 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 it is located.
The proposed location is in an O.P. zone and is in accordance
with the purpose and objectives of the zone. The Office
Professional zone allows for general, medical, and laboratory
offices. The purpose of this zone is to classify and set standards
for businesses, offices, administrative or professional uses
which are of relatively low intensity and which are compatible
with adjacent residential zoning and development therein.
2. That the proposed location of the conditional use and the conditions
under which it will 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 "AC Massage Therapy" business will meet all
applicable requirements of the zoning ordinance and will not be
detrimental to general public health, safety, and welfare or
materially injurious to the properties in the vicinity. Water,
sanitation, public utilities and services are available and existing
within the complex.
3. That the proposed conditional use will comply with each of the
applicable provisions of the zoning ordinance, except for approved
variances or adjustments.
The proposed use is consistent with the intent of the Zoning
Ordinance since it complies with the purpose of the zone and
correlates to the permitted uses allowed.
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 "Office
Professional". Both primary objectives stated in the Land Use
G:\Planning\Missy Grisa\CUP\72-855 Fred Waring Drive C-I6\Staff Report Massage Establishment amended.doc
Staff Report
CUP 08-433
December 16, 2008
Page 5 of 6
Element of the General Plan under Commercial Goals, Policies
and Programs are Goals 1 and 2, which provide for an integrated
and complementary mix of commercial land uses that meet the
day-to-day needs of local residents, and to provide a pattern of
conveniently and appropriately distributed commercial land uses
that meet the community's needs while minimizing the disruption
with other land uses. Policy 1 of the General Plan Land Use
Element is to provide a full range of conveniently located
convenience, neighborhood, regional, and tourist commercial
services to the resident and visitors of the community. Program
1A of the General Plan Land Use Element is to assure this full
range of commercial uses support the needs of the community
and local economy in a manner consistent with economic
opportunities.
This project maintains a land use that is consistent with the goals,
policies, and programs of the General Plan. The project is
consistent with the General Plan because the project proposes an
office professional use, which is compatible with the existing uses
within the surrounding area.
V. ENVIRONMENTAL REVIEW:
The proposed use is a Class 3 categorical exemption for purposes of CEQA and
no further review is necessary.
VI. CONCLUSION:
The proposed conditional use, as conditioned, is compatible with and appropriate
for the location.
The applicant would be limited to two massage therapists during the day with one
part-time employee for general office work. Patients would be limited to the time
allotments as indicated in the expanded statement of use as provided by the
applicant.
The daytime parking survey illustrates there is an average of more than 30.9
available spaces during the peak hours of operation from 8:00 a.m. to 5:00 p.m.
Business conducted after 5:00 p.m. illustrates more than adequate parking for
the entire complex as indicated by the parking study. Most adjacent business
hours of operation have been confirmed to close at 5:00 p.m. It can be concluded
that the shared parking throughout the office complex would be more than
sufficient during the proposed hours of operation.
G:\Planning\Missy Grisa\CUP\72-855 Fred Waring Drive C-16\Staff Report Massage Establishment amended.doc
Staff Report
CUP 08-433
December 16, 2008
Page 6 of 6
VII. RECOMMENDATION:
Staff recommends that the Planning Commission adopt the findings and Planning
Commission Resolution No. approving CUP 08-433, subject to the
attached conditions.
VIII. ATTACHMENTS:
A. Draft Resolution
B. Legal notice
C. Exhibits
Submitted by: Department Head:
Missy Grisa Lauri Aylaian
Assistant Planner Director of Community Development
Approval:
cam..
Homer Croy
ACM for Dev lopment Services
G:\Planning\Missy Grisa\CUP\72-855 Fred Waring Drive C-16\Staff Report Massage Establishment.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 "AC MASSAGE THERAPY" IN A 780 SQUARE FOOT LEASED SPACE.
THE PROPERTY IS LOCATED AT 72-855 FRED WARING DRIVE, SUITE C-16.
CASE NO. CUP 08-433
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
16th day of December, 2008, hold a duly noticed public hearing to consider the request by "AC
Massage Therapy" 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 is in accordance with the
objectives of the Zoning Ordinance and the purpose of the district in which it is
located.
The proposed location is in an O.P. zone and is in accordance with the purpose
and objectives of the zone. The Office Professional zone allows for general,
medical, and laboratory offices. The purpose of this zone is to classify and set
standards for businesses, offices, administrative or professional uses which are
of relatively low intensity and, and are compatible with adjacent residential
zoning and development therein.
2. That the proposed location of the conditional use and the conditions under which
it will 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 "AC Massage Therapy" business will meet all applicable
requirements of the Zoning Ordinance and will not be detrimental to general public
health, safety, and welfare or materially injurious to the properties in the vicinity.
Water, sanitation, public utilities and services are available and existing within the
complex.
3. That the proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance, except for approved variances or
adjustments.
The proposed use is consistent with the intent of the Zoning Ordinance since it
complies with the purpose of the zone and correlates to the permitted uses
allowed.
PLANNING COMMISSION RESOLUTION NO.
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 "Office Professional".
Both primary objectives stated in the Land Use Element of the General Plan
under Commercial Goals, Policies and Programs are Goals 1 and 2, which provide
for an integrated and complementary mix of commercial land uses that meet the
day-to-day needs of local residents and respectively, to provide a pattern of
conveniently and appropriately distributed commercial land uses that meet the
community's needs while minimizing the disruption with other land uses. Policy 1
of the General Plan Land Use Element is to provide a full range of conveniently
located convenience, neighborhood, regional, and tourist commercial services to
the residents and visitors of the community. Program 1A of the General Plan Land
Use Element is to assure this full range of commercial uses support the needs of
the community and local economy in a manner consistent with economic
opportunities.
This project maintains a land use that is consistent with the goals, policies, and
programs of the General Plan. The project is consistent with the General Plan
because the project proposes an office professional use, which is compatible with
the existing uses within the surrounding area.
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 08-433 is hereby granted, subject to
conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16th day of December, 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
VAN G. TANNER, Chairperson
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
2
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
ALLOW "AC MASSAGE THERAPY" IN A 780 SQUARE FOOT LEASED SPACE.
THE PROPERTY IS LOCATED AT 72-855 FRED WARING DRIVE, SUITE C-16.
CASE NO. CUP 08-433
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
16th day of December, 2008, hold a duly noticed public hearing to consider the request by "AC
Massage Therapy" 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 is in accordance with the
objectives of the Zoning Ordinance and the purpose of the district in which it is
located.
The proposed location is in an O.P. zone and is in accordance with the purpose
and objectives of the zone. The Office Professional zone allows for general,
medical, and laboratory offices. The purpose of this zone is to classify and set
standards for businesses, offices, administrative or professional uses which are
of relatively low intensity and, and are compatible with adjacent residential
zoning and development therein.
2. That the proposed location of the conditional use and the conditions under which
it will 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 "AC Massage Therapy" business will meet all applicable
requirements of the Zoning Ordinance and will not be detrimental to general public
health, safety, and welfare or materially injurious to the properties in the vicinity.
Water, sanitation, public utilities and services are available and existing within the
complex.
3. That the proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance, except for approved variances or
adjustments.
The proposed use is consistent with the intent of the Zoning Ordinance since it
complies with the purpose of the zone and correlates to the permitted uses
allowed.
PLANNING COMMISSION RESOLUTION NO.
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 "Office Professional".
Both primary objectives stated in the Land Use Element of the General Plan
under Commercial Goals, Policies and Programs are Goals 1 and 2, which provide
for an integrated and complementary mix of commercial land uses that meet the
day-to-day needs of local residents and respectively, to provide a pattern of
conveniently and appropriately distributed commercial land uses that meet the
community's needs while minimizing the disruption with other land uses. Policy 1
of the General Plan Land Use Element is to provide a full range of conveniently
located convenience, neighborhood, regional, and tourist commercial services to
the residents and visitors of the community. Program 1A of the General Plan Land
Use Element is to assure this full range of commercial uses support the needs of
the community and local economy in a manner consistent with economic
opportunities.
This project maintains a land use that is consistent with the goals, policies, and
programs of the General Plan. The project is consistent with the General Plan
because the project proposes an office professional use, which is compatible with
the existing uses within the surrounding area.
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 08-433 is hereby granted, subject to
conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16th day of December, 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
VAN G. TANNER, Chairperson
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
2
PLANNING COMMISSION RESOLUTION NO.
CONDITIONS OF APPROVAL
CASE NO. CUP 08-433
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community Development/Planning, as modified by the
following conditions.
2. 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:
Coachella Valley Water District
City Fire Marshal
Building and Safety Department
All other agencies having jurisdiction
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 herewith.
3. Any proposed change of this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
4. Hours of operation for AC Massage Therapy shall be conducted from 9:00 a.m.
to 9:00 p.m., Monday through Sunday.
5. AC Massage Therapy shall have a maximum of three employees.
6. AC Massage will lease a maximum of 780 square feet.
7. The applicant must construct any necessary on-site infrastructures to provide
utilities to the proposed project prior to the issuance of building permits.
8. All conditions of approval shall be recorded with the Riverside County Clerk's
office before any building permits are issued. Evidence of recordation shall be
submitted to the Department of Community Development/Planning.
9. Applicant must obtain all clearances, 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
CITY OF Pfll111 DESERT
73-510 FRED WARING DRIVE
P , i PALM DESERT,CALIFORNIA g2160-2578
r.* )"'^ r TEL:760 346-0611
<� „Q.' FAX:760 341-7098
.".....j info@palm-deserr.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. CUP 08-433
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider a request by LAWRENCE M. ANDREWS for approval
of a conditional use permit to operate a massage therapy business. The property is
located at 72-855 Fred Waring Drive, Suite C-16.
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SAID public hearing will be held on Tuesday, December 16, 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 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
December 5, 2008 Palm Desert Planning Commission
� 1
Expanded Statement of Use
Proposed project: A C Massage Therapy
72855 Fred Waring Drive, Suite C-16
Palm Desert, CA
This is an existing unit of approximately 780 square feet in a commercial building located
in a business park. I plan to use this unit as a massage therapy clinic. The current
configuration of the unit consists of three therapy rooms, a reception area and a rest
room. There are no changes or tenant improvements planned at this time. Records at the
Riverside County Assessor's Office indicate that this unit has been used for a massage
business in the past.
Planned hours of operation are to be from 9a.m. to 9p.m., 7 days per week. There will be
1-2 licensed massage therapists on site during operating hours, plus a part time person to
help with cleaning of rooms and linens during peak hours (to be determined as business
evolves). It is anticipated that there will be an average of 10 to 15 customers per day,
evenly divided between 1/2 hour and 1 hour sessions. I expect that the majority of the
clients will have an appointment, but we will accept walk in clients as the schedule
allows. It is not planned that there will be any clients waiting in the reception area as we
will recommend that they make an appointment and return another time rather than wait.
I would like to build the clientele by partnering with medical professionals in the local
area for referrals as well as through local advertising. I will not provide any medical or
other non-massage services at my location but will refer clients in need of further
treatment to local professionals. I also plan to promote the business by donating gift
certificates to worthy local charities for use in their fund raising events.
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19TH ANNUAL AWARDS BANQUET
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CHINATOWN PUBLIC SAFETY ASSOCIATION PATROLLERS
FOR YOUR DEDICATED SERVICE IN PROMOTING PUBLIC SAFETY
BY PATROLLING THE STREETS OF CHINATOWN.
JUNE 3, 2005
PRESENTED BY
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For your outstanding dedication and support of the 108t},
Annual Golden Dragon Parade and the 2007 Chinese New
Year Festival organized by the Chinese Chamber of
Commerce of Los Angeles in the Chinatown community of
the City of Los Angeles.
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