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Home My WebLink AboutB. CUP 09-127 - Su Ying CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Approval of a Conditional Use Permit to allow the use of "Spa 111 Massage" in an existing General Commercial zone. The project is located at 73-280 Highway 111, Suite 101 (APN: 627-092-020). SUBMITTED BY: Kevin Swartz Assistant Planner APPLICANT: Su Ying P.O. Box 3448 Palm Desert, CA 92261 CASE NO. CUP 09-127 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 9:30 a.m. to 9:00 p.m., seven days per week, in a 1,500 square-foot tenant space located in the General Commercial zone. II. BACKGROUND: A. Property Description: The property is located south of Fred Waring Drive, west of Portola Avenue, north of Highway 111, and east of Monterey Avenue. The proposed use is within an existing complex with adjacent businesses to the east and west in the same building. North of the business complex are residential single family homes, and to the south are more commercial buildings across Highway 111. B. Zoning and General Plan Designation: The property is zoned as C.1.S.P, General Commercial, Scenic Preservation, and the General Plan designation is C—C, Community Commercial. Staff Report CUP 09-127 April 21, 2009 Page 2 of 6 C. Adjacent Zoning / Land use: North: R, 1 Residential Single Family/ Single Family Homes South: C-1, S.P General Commercial / Commercial buildings East: C-1, S.P General Commercial / Adjacent business within building West: C-1, S.P General Commercial / Adjacent business within building III. PROJECT DESCRIPTION: The applicant is requesting approval of a Conditional Use Permit for "Spa 111 Massage". The business would provide two licensed massage therapists, during the hours of operation from 9:30 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. A floor plan of the proposed improvements for the use as requested is attached in the exhibits. The massage establishment would occupy suite 101, which is located on the first floor. There will be four treatment rooms, a staff room, and reflexology room, two restrooms with showers, supply room, and waiting room. The adjacent tenant's located in the complex are uses similar to the proposed use. Parking for the building is located along the Frontage Road and there is a 32 car parking lot located behind the building off of Alessandro Alley. 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 "Spa 111 Massage" 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 47 parking stalls, including the 32 car parking lot located behind the building and numerous spaces along Frontage Road. The subject tenant space would be located at 73-280 G:\Planning\Kevin Swartz\Word\CUP 09-127 Su Ying Massage\Staff Report Massage Establishment.doc Staff Report CUP 09-127 April 21, 2009 Page 3 of 6 Highway 111, Suite 101, where the applicant will be leasing 1,500 square feet of commercial space. Adjacent businesses consist of a variety of uses, but quite a few commercial uses exist at this complex. Parking for 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 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 Occupied Parking Spaces Spaces Thurs April 2 9:30 AM 33 14 Thurs April 2 1:45 PM 31 16 Fri April 3 10:30 AM 34 13 Fri April 3 2:50 PM 40 7 Mon April 6 9:45 AM 41 6 Mon April 6 4:15 PM 35 12 Tues April 7 11:00 AM 36 11 Tues April 7 4:20 PM 42 5 Wed April 8 10:45 AM 29 18 Wed April 8 3:10 PM 31 16 Thurs April 9 11:15 AM 28 19 Thurs April 9 3:10 PM 32 15 Average Available 34.3 12.6 Spaces The parking study concluded that an average of 34.3 parking spaces would be available during the hours of 9:30 a.m. to 5:00 p.m. during the G:\Planning\Kevin Swartz\Word\CUP 09-127 Su Ying Massage\Staff Report Massage Establishment.doc Staff Report CUP 09-127 April 21, 2009 Page 4 of 6 work week. Staff believes the proposed use will not create a parking problem. B. Land Use Compatibility: The proposed business is located in a General Commercial (C-1) zone. The C-1 zone is intended to provide an area where a series of specialty and general commercial shopping facilities which can be found by residents of the city. In this particular commercial area, 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 a C-1 zone and is in accordance with the purpose and objectives of the zone. The zone allows for retail, personal services, and general and medical offices. The purpose of this zone is to classify and set standards for retail 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 "Spa 111 Massage" 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. G:\Planning\Kevin Swartz\Word\CUP 09-127 Su Ying Massage\Staff Report Massage Establishment.doc Staff Report CUP 09-127 April 21, 2009 Page 5 of 6 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 "Community Commercial (C-C)". One of the primary objectives stated in the Land Use Element of the General Plan is the City is also home to a wide variety of small chain and independent retailers, including "mom and pop" stores that have been successful despite the competition from larger retailers. The project furthers the objectives and policies of the General Plan and is compatible with the general land uses as specified in the General Plan. A primary objective stated in the Land Use Element of the General Plan under Commercial Goals, Policies and Programs is Goal 1 an integrated and complementary mix of commercial land uses that meet the day-to-day needs of local residents. Policy 1 of the General Plan Land Use Element indicates sufficient lands shall be designated to provide a full range of conveniently located convenience, neighborhood, regional and tourist commercial services to the residents and visitors of the community and surrounding areas for present and future years. This project maintains a land use that is consistent with the goal and policy of the General Plan. The project is consistent with the General Plan because the project proposes a commercial use, which is compatible with the existing uses within the commercial center as well as with the existing area, and offers a service to the community. 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 principal concern regarding the review of this application is the available parking. The applicant would be limited to two employees and expects 10 to 15 customers a day. The parking survey illustrates there are an average of 34.3 G:\Planning\Kevin Swartz\Word\CUP 09-127 Su Ying Massage\Staff Report Massage Establishment.doc Staff Report CUP 09-127 April 21, 2009 Page 6 of 6 available spaces during the hours of 9:30 a.m. to 5:00 p.m. As a result of the shared aspect of the parking lot and Frontage Road, it can be concluded that this project would be of minimal impact. The proposed conditional use, as conditioned, is compatible with and appropriate for the location. 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 commercial area would be more than sufficient during the proposed hours of operation. VII. RECOMMENDATION: Staff recommends that the Planning Commission adopt the findings and Planning Commission Resolution No. approving CUP 09-127, subject to the attached conditions. VIII. ATTACHMENTS: A. Draft Resolution B. Legal notice C. Exhibits Submitted by: Department Head: )(- Kevin Swartz Lauri Aylaian Assistant Planner Director of Community Development Approval: Omer Croy ACM for Deve ent Services G:\Planning\Kevin Swartz\Word\CUP 09-127 Su Ying Massage\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 1,500 SQUARE FOOT LEASED SPACE. THE PROPERTY IS LOCATED AT 73-280 HIGHWAY 111, SUITE 101. CASE NO. CUP 09-127 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of April, 2009, hold a duly noticed public hearing to consider the request by Su Ying 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 C-1 zone and is in accordance with the purpose and objectives of the zone. The zone allows for retail, personal services, and general and medical offices. The purpose of this zone is to classify and set standards for retail 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 "Spa 111 Massage" 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. PLANNING COMMISSION RESOLUTION NO. 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 "Community Commercial (C-C)". One of the primary objectives stated in the Land Use Element of the General Plan is the City is also home to a wide variety of small chain and independent retailers, including "mom and pop" stores that have been successful despite the competition from larger retailers. The project furthers the objectives and policies of the General Plan and is compatible with the general land uses as specified in the General Plan. A primary objective stated in the Land Use Element of the General Plan under Commercial Goals, Policies and Programs is Goal 1 an integrated and complementary mix of commercial land uses that meet the day-to-day needs of local residents. Policy 1 of the General Plan Land Use Element indicates sufficient lands shall be designated to provide a full range of conveniently located convenience, neighborhood, regional and tourist commercial services to the residents and visitors of the community and surrounding areas for present and future years. This project maintains a land use that is consistent with the goal and policy of the General Plan. The project is consistent with the General Plan because the project proposes a commercial use, which is compatible with the existing uses within the commercial center as well as with the existing area, and offers a service to the community. 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 09-127 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 09-127 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 9:30 a.m. to 9:00 p.m., Monday through Sunday. 5. Massage Establishment shall have a maximum of three employees. 6. Massage Establishment will lease a maximum of 1,500 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 • CITY Of PRIM DESERT `l1 73-510 FRED WARING DRIVE )rr..,,,.,,.., , 111 PALM DESERT,CALIFORNIA 92260-2578 I TEL:760 346-06n 7 3 \' !•`-,•• infoOpalm-deserr.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 09-127 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by Su Ying for approval of a conditional use permit to operate a massage therapy business. The property is located at 73-280 Highway 111, Suite 101. 71 1 ''! f _ ,. I Mall ', 1l r- ,'i. �r t.;,e ' .+4*� 1 r:r Ili r i I` , ( ±' - ; , -1 , _ :� ,, 1 1.4 - ,7411 ' I 1 _. iy i i_ I `fir r _ ,,,,, !,,, ,,r,f,,k, , ,L,4 ! i 4 11Y...4.,k. . w 1 , 1 14. ati. rt.t. . , i 411,4.), ,„ .A.„. . w P ,jI 1 , II . ; -_, I .4 vq, 1 I1 ,: I 1 , .�I 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 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 April 10,2009 Palm Desert Planning Commission SFT HOLDINGS, LLC 73-260 Highway 111 , Palm Desert, CA 92260 April 15, 2009 RECEIVED CITY OF PALM DESERT APR t 6 ' 9 Department of Community Development OMMUNITYDEVELOPMENTDEPARTMENT 73510 Fred Waring Drive CTTYOFPALMDESERT Palm Desert, CA 92260 Re: Legal Notice Case No. CUP 09-127 Public Hearing to be held on Tuesday April 21 , 2009 Gentlemen: Since we will be out of town and therefore unable to attend the Public Hearing on April 21st, this letter is to request that approval for a massage therapy business -- next door to our building -- not be granted. This type of business at best has a very dubious reputation, and they are generally not found in good business neighborhoods. In the last few years we have suffered considerable losses due to vandalism to the property, as well as to the trucks of our tenant. There was even an attempt to burn our building down by setting light to an old mattress against the back wall. We believe this vandalism was by drunks who frequented the nearby bars. Fortunately the one on the corner of San Marcos was closed down. We feel that we should uphold the quality of our neighborhod as much as possible to a higher standard than having a massage therapy business close by. This type of business belongs in a far lesser neighborhood, in our opinion. Very tr ly yours, cc T7'f Alan J. Silberman, Ma gMember 7 F�'1 I(OLeI I•.i' "; sir 'cam--'`.X. '4Y+-fl✓�� 73-250 Highway 111 Gwe doline J. Sl ari, Managing Member Palm Desert, CA 92260