HomeMy WebLinkAboutA. CUP 09-126 - Qixing Petrovich CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Approval of a Conditional Use Permit to allow the use of a massage
establishment in an existing service industrial zone. The project is
located at 77-750 Country Club Drive, Suite E (APN: 626-410-040).
SUBMITTED BY: Kevin Swartz
Assistant Planner
APPLICANT: Qixing Petrovich
78-451 Glastonbury Way
Palm Desert, CA 92211
CASE NO. CUP 09-126
DATE: April 21, 2009
I. EXECUTIVE SUMMARY:
Approval of staff's recommendation would allow the applicant to operate a
massage therapy business with up to two staff members working during office
hours from 10:00 a.m. to 7:00 p.m., six days per week Monday through Saturday,
in a 750 square-foot tenant space located in the service industrial zone.
II. BACKGROUND:
A. Property Description:
The property is located south of Interstate 10, west of Washington Street,
north of Country Club Drive, and east of Park Center Drive. The proposed
use is within an existing service industrial complex with adjacent
businesses to the north and west. To the east is an existing commercial
complex with the most notable tenant Gold's Gym, and to the south of the
service industrial complex are residential single family homes.
B. Zoning and General Plan Designation:
The property is zoned as S.I., Service Industrial and the General Plan
designation is I-B.P., Industrial Business Park.
Staff Report
CUP 09-126
April 21, 2009
Page 2 of 6
C. Adjacent Zoning / Land use:
North: S.I Service Industrial / Industrial buildings
South: R-1 Residential Single Family/ Residential homes
East: P.0 2. Planned Commercial / Commercial center
West: S.I Service Industrial / Industrial buildings
III. PROJECT DESCRIPTION:
The applicant is requesting approval of a Conditional Use Permit for a massage
establishment. The business would provide two licensed massage therapists,
and one part-time person for general office work / cleanup, on site during the
hours of operation from 10:00 a.m. to 7:00 p.m. six days per week Monday
through Saturday. Five customers per day would be anticipated on an
appointment schedule, walk-ins will not be accepted. The typical session
schedule will be evenly divided between half hour and one hour sessions.
A floor plan of the proposed improvements for the use as requested is attached
in the exhibits. The massage establishment would occupy suite E, which is
located in Building A. The adjacent tenant's located in the complex are Club Car
Distributor's and California Patio. Staff observed only one employee truck for
California Patio accessing a parking space during parking counts and little
customer business being conducted in the center.
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 massage establishment would be of minimal impact to the neighboring
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 48 parking stalls with two dedicated
for accessible parking. The subject tenant space would be located at 77-
750 Country Club Drive, Suite E, where the applicant will be leasing 750
square feet of space.
Adjacent businesses consist of a variety of uses, but quite a few service
industrial type businesses exist at this complex, along with retail uses.
Parking for customers seems to be more than adequate at this time. The
G:\Planning\Kevin Swartz\Word\CUP 09-126 Country Club\Staff Report Massage Establishment.doc
Staff Report
CUP 09-126
April 21, 2009
Page 3 of 6
business as proposed would take minimal parking based on the amount of
people that can 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, April 2,
2009 to Thursday, April 9, 2009 during the hours as shown.
Date Time Vacant Vacant Occupied Occupied
Parking Accessible Spaces Accessible
Spaces Spaces Spaces
Thurs April 2 10:07 AM 31 2 17 0
Thurs April 2 1:15 PM 36 2 12 0
Fri April 3 9:45 AM 34 2 14 0
Fri April 3 2:30 PM 35 2 13 0
Mon April 6 10:02 AM 30 1 18 1
Mon April 6 4:45 PM 32 2 16 0
Tues April 7 9:33 AM 36 2 12 0
Tues April 7 4:40 PM 42 2 6 0
Wed April 8 10:00 AM 38 2 10 0
Wed April 8 4:45 PM 30 2 18 0
Thurs April 9 10:15 AM 33 2 15 0
Thurs April 9 4:44 PM 41 2 7 0
Average
Available 34.9 1.9 13.1 0.1
Spaces
The parking study concluded that an average of 34.9 parking spaces
would be available during the hours of 8:00 a.m. to 5:00 p.m. during the
work week. Staff believes the proposed use will not create a parking
problem.
B. Land Use Compatibility:
The proposed use is located in the service industrial (S.I.) zone. Although
the proposed use is not service industrial oriented, the nature of the
G:\Planning\Kevin Swartz\Word\CUP 09-126 Country Club\Staff Report Massage Establishment.doc
Staff Report
CUP 09-126
April 21, 2009
Page 4 of 6
business would not interfere with parking or the normal conduct of
adjacent businesses. To the east is an existing commercial center, with
similar uses. Therefore, the proposed use is compatible with the other
industrial 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 a service industrial zone. Although
the proposed use is not service oriented, the type of business
conducted at the proposed site is minimal during adjacent
business hours and would have minimal impacts on parking.
The massage establishment has two employees and will have
five clients per day. The business starts at 10:00am and closes
at 7:00pm when most service businesses are closed.
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 massage establishment 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 operates at hours that are typically opposite
of business in the area. This promotes a mixed, efficient use of
the site within the Service Industrial zone.
4. That the proposed conditional use complies with the goals,
objectives and policies of the City's General Plan.
G:\Planning\Kevin Swartz\Word\CUP 09-126 Country Club\Staff Report Massage Establishment.doc
Staff Report
CUP 09-126
April 21, 2009
Page 5 of 6
The general plan land use designation for the site is "Industrial /
Business Park (I-B.P.)". A primary objective stated in the Land
Use Element of the General Plan under Industrial Goals, Policies
and Programs is Goal 1, which provides for the development of
business parks and non-polluting industrial uses, and which
assure compatible integration with other, non-industrial land uses.
Policy 6B of the General Plan Land Use Element is to review all
business park / industrial development proposals with a special
regard for public health and safety issues to ensure that the type
and intensity of the use is appropriate for the proposed location
and comparative with surrounding land uses.
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 in respect to the appropriate use
of the proposed location, the business is compatible with
surrounding land uses, and the proposed hours of use would
effectively use this center at a time when most businesses are
closed.
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. Five customers per
day would be the maximum allowed on an appointment schedule only. Walk-ins
will not be accepted.
The daytime parking survey illustrates there is an average of more than 34.9
available spaces during the peak hours of operation from 10:00 a.m. to 7:00 p.m.
Most adjacent business hours of operation have been confirmed to close at 4:00
p.m. It can be concluded that the shared parking throughout the complex would
be more than sufficient during the proposed hours of operation.
G:\Planning\Kevin Swartz\Word\CUP 09-126 Country Club\Staff Report Massage Establishment.doc
Staff Report
CUP 09-126
April 21, 2009
Page 6 of 6
VII. RECOMMENDATION:
Staff recommends that the Planning Commission adopt the findings and Planning
Commission Resolution No. approving CUP 09-126, subject to the
attached conditions.
VIII. ATTACHMENTS:
A. Draft Resolution
B. Legal notice
C. Exhibits
Submitted by: Department Head:
;/ 17
Kevin Swartz Lauri Aylaian
Assistant Planner Director of Community Development
Approval:
omer Croy
ACM for Dev opment Services
G:\Planning\Kevin Swartz\Word\CUP 09-126 Country Club\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 THE USE OF A MASSAGE ESTABLISHMENT IN A
750 SQUARE FOOT LEASED SPACE. THE PROPERTY IS LOCATED AT
77-750 COUNTRY CLUB DRIVE, SUITE E.
CASE NO. CUP 09-126
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 21 st day of April, 2009, hold a duly noticed public hearing to consider the request
by Qixing Petrovich 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 a service industrial zone. Although the
proposed use is not service oriented, the type of business conducted at
the proposed site is minimal during adjacent business hours and would
have minimal impacts on parking. The massage establishment has two
employees and will have five clients per day. The business starts at
10:00am and closes at 7:00pm when most service businesses are closed.
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 massage establishment 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.
PLANNING COMMISSION RESOLUTION NO.
The proposed use is consistent with the intent of the Zoning Ordinance
since it operates at hours that are typically opposite of business in the
area. This promotes a mixed, efficient use of the site within the Service
Industrial zone.
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 "Industrial/Business
Park (1-B.P.)" A primary objective stated in the Land Use Element of the
General Plan under Industrial Goals, Policies and Programs is Goal 1,
which provides for the development of business parks and non-polluting
industrial uses, and which assure compatible integration with other, non-
industrial land uses. Policy 6B of the General Plan Land Use Element is to
review all business park/ industrial development proposals with a special
regard for public health and safety issues to ensure that the type and
intensity of the use is appropriate for the proposed location and comparative
with surrounding land uses.
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 in respect to the appropriate use of the proposed location, the
business is compatible with surrounding land uses, and the proposed hours
of use would effectively use this center at a time when most businesses are
closed.
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 09-126 is hereby granted, subject
to conditions attached.
2
PLANNING COMMISSION RESOLUTION NO.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 21st day of April, 2009, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
VAN G. TANNER, Chairperson
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
3
PLANNING COMMISSION RESOLUTION NO.
CONDITIONS OF APPROVAL
CASE NO. CUP 09-126
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:
City Fire Marshal
Building and Safety Department
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 the massage establishment shall be conducted from 10:00
a.m. to 7:00 p.m., Monday through Saturday.
5. Massage Establishment shall have a maximum of three employees.
6. Massage Establishment will lease a maximum of 750 square feet.
7. 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.
4
••.•'•.r••,•y.
CITY OF PNL (n DESERT
•
73510 FRED WARING DRIVE
•
r PALM DESERT,CALIFORNIA 92260-2578
! TEL:760 346-0611
♦*f` / •
FAX:760 341—]098
.i' . info@palm-desert.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. CUP 09-126
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider a request byrapy business. T Qixing Petrovich for approval of a
conditional use permit to operate a massage thehe property is located
at 77-750 Country Club Dr. Suite E.
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SAID public hearing will be held on Tuesday, April 21, 2009 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 800 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
April 10, 2009 Palm Desert Planning Commission