HomeMy WebLinkAboutA. Case No. CUP 09-276 - Bob Rose CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Approval of a Conditional Use Permit to allow the use of "Elite Salon" in
an existing office/medical building complex located in the Office
Professional zone. The project is located at 72-650 Fred Waring Drive,
Suite 105. (APN: 640-040-021).
SUBMITTED BY: Kevin Swartz
Assistant Planner
APPLICANT: Bob Rose
30 Florence Drive
Palm Desert, CA 92261
CASE NO. CUP 09-276
DATE: July 7, 2009
I. EXECUTIVE SUMMARY:
Approval of staff's recommendation would allow the applicant to operate a hair
salon business in a 1,795 square-foot tenant space divided into 12 salon suites
with up to thirteen staff members working during office hours from 9:00 a.m. to
6:00 p.m., six days per week, located in the Office Professional zone.
II. BACKGROUND:
A. Property Description:
The property is located south of Park View Drive, west of Fairhaven Drive,
north of Fred Waring Drive, and east of Highway 111. The proposed use is
within an existing office/medical complex. The building is a two-story
building, which currently has two tenants, both located on the 1st floor.
TLC Laser Eye Center is located in Suite 106 and Desert Gate Real
Estate is located in Suite 110. To the north and east is an existing
apartment complex and to the west are residential single family homes,
and to the south are more commercial buildings across Fred Waring Drive.
Staff Report
CUP 09-276
July 7, 2009
Page 2 of 6
B. Zoning and General Plan Designation:
The property is zoned O.P. Office Professional, and the General Plan
designation is C—O.P. Office Professional.
C. Adjacent Zoning / Land use:
North: P.R.-22- Planned Residential / One Quail Place
South: P.C. 2- Planned Commercial / Commercial buildings
East: P.R.-7- Planned Residential / Single Family Homes
West: P.R.-22- Planned Residential / One Quail Place
III. PROJECT DESCRIPTION:
The applicant is requesting approval of a Conditional Use Permit for "Elite Salon".
The applicant is leasing 1,795 square feet, and the suite will be divided into 12
individual hair salon suites. One salon suite is equipped for an esthetician, while
the other 11 salon suites are all hair styling salons. The services provided will be
haircuts and styling and facials. There are no nail salons or massage salons.
The business would provide thirteen employees who must be licensed by the
State Board of Barbering and Cosmetology. The hours of operation are from
9:00 a.m. to 6:00 p.m. six days per week. The typically work week is Tuesday
through Saturday, with Monday being an occasional day. An average of two to
three customers per hour would be anticipated and an average of five customers
on Saturday per salon suite on an appointment schedule. Walk-ins will be
accepted as the schedule allows. The typical session schedule will be evenly
divided between two hour and three hour sessions.
A floor plan of the proposed improvements for the use as requested is attached
in the exhibits. The hair salon would occupy Suite 105, which is located on the
first floor. There will be 12 salon suites that range in size from 85 square feet to
173 square feet including a break room. There are 113 total parking spaces
located along the perimeter of the building, which all suites must share. Out of
the 113 parking spaces, 27 are abutting the suite.
IV. ANALYSIS:
A hair salon located in the Office Professional zone requires a Conditional Use
Permit to assure that there is adequate parking and land use compatibility for the
surrounding uses. Staff has conducted a parking study and has concluded that
the proposed "Elite Salon" business would be of minimal impact to the
office/medical professional uses located on the property with respect to its
parking utilization and hours of operation.
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Staff Report
CUP 09-276
July 7, 2009
Page 3 of 6
A. Parking:
The site has a total of 113 parking spaces located around the perimeter of
the building. There are 27 parking spaces abutting the building and that
amount was used for the parking study. The building currently has two
tenants, which do not generate a huge amount of traffic. Parking for
customers appears to be more than adequate at this time. Staff believes
additional parking would still be available if the proposed use is approved.
In the table below, available parking was recorded from Monday, June 22,
2009 to Friday, June 26, 2009 during the hours as shown.
Date Time Vacant Occupied
Parking Spaces
Spaces
Mon June 22 9:30 AM 27 0
Mon June 22 1:45 PM 22 5
Tues June 23 10:30 AM 27 0
Tues June 23 2:50 PM 26 1
Wed June 24 9:45 AM 25 2
Wed June 24 4:15 PM 23 4
Thurs June 25 11:00 AM 27 0
Thurs June 25 4:20 PM 27 0
Fri June 26 10:00 AM 26 1
Fri June 26 3:10 PM 25 2
Average
Available 25 1.5
Spaces
The parking study concluded that an average of 25 parking spaces would
be available during the hours of 9:00 a.m. to 6:00 p.m. during the work
week. While Saturday is the busiest day for the hair salon, the other
tenants in the building are closed. Staff believes the proposed use will not
create a parking problem.
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Staff Report
CUP 09-276
July 7, 2009
Page 4 of 6
B. Land Use Compatibility:
The proposed business is located in an Office Professional (O.P.) zone.
The O.P. zone is to classify and set standards for business, offices,
administrative or professional land uses which are of relative low intensity,
and are compatible with adjacent residential zoning. Ancillary commercial
uses oriented to providing services in the surrounding area are
encouraged as well. In this particular area, it appears as though the
proposed use would be compatible with the other office/medical uses,
along with the residents in the area.
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 subject to a CUP.
The zone allows general and medical offices and ancillary
commercial uses subject to a CUP. The purpose of this zone is
to classify and set standards for offices, administrative or
professional uses which are of relatively low intensity and which
are compatible with adjacent residential zoning and
development therein. The hair salon could be considered an
ancillary use to the offices, and is compatible with the other
office/medical uses, along with the residences in the area.
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 "Elite Salon" 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.
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Staff Report
CUP 09-276
July 7, 2009
Page 5 of 6
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. The zone allows
general and medical offices and ancillary commercial uses
subject to a CUP. The hair salon could be considered an
ancillary use to the offices. No variances or adjustments are
required for this use.
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 (C-OP)". One of the primary objectives stated in
the Land Use Element of the General Plan is assigned to lands
that provide comparative advantages for office development,
with use characteristics that enhance compatibility with
residential and other sensitive land uses. Mixed Use
development with hotels and motels, professional office and
residential may also be permitted through approval of an
integrated master plan.
This project maintains a land use that is consistent with the Land
Use Element of the General Plan. The project is consistent with
the General Plan because the project proposes a commercial use
that is compatible with the existing uses within the office/medical
complex 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 thirteen employees per salon suite and
expects two to three customers per hour and five customers on Saturdays. The
parking survey illustrates there are an average of 25 available spaces during the
G:\Planning\Kevin Swartz\Word\CUPs\CUP 09-276 Elite Salon\Staff Report pc.doc
Staff Report
CUP 09-276
July 7, 2009
Page 6 of 6
hours of 9:00 a.m. to 6:00 p.m. As a result of the shared aspect of the parking lot,
it can be concluded that this project would be of minimal impact.
The proposed 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. and on Saturdays, which is the busiest day. 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 09-276, subject to the
attached conditions.
VIII. ATTACHMENTS:
A. Draft Resolution
B. Legal notice
C. Exhibits
Submitted by: Department Head:
)6. sZ:,,1
Kevin Swartz Lauri Aylaian
Assistant Planner Director of Community Development
G:\Planning\Kevin Swartz\Word\CUP'S\CUP 09-276 Elite Salon\Staff Report pc.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 "ELITE SALON" IN AN EXISTING
OFFICE/MEDICAL BUILDING COMPLEX LOCATED IN THE OFFICE
PROFESSIONAL ZONE. THE PROJECT IS LOCATED AT 72-650 FRED
WARING DRIVE, SUITE 105.
CASE NO. CUP 09-276
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 7th day of July, 2009, hold a duly noticed public hearing to consider the request by
Bob Rose 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 subject to a CUP. The zone allows
general and medical offices and ancillary commercial uses subject to a
CUP. The purpose of this zone is to classify and set standards for offices,
administrative or professional uses which are of relatively low intensity
and which are compatible with adjacent residential zoning and
development therein. The hair salon could be considered an ancillary use
to the offices, and is compatible with the other office/medical uses, along
with the residences in the area.
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.
PLANNING COMMISSION RESOLUTION NO.
The proposed "Elite Salon"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. The zone allows general and medical offices and
ancillary commercial uses subject to a CUP. The hair salon could be
considered an ancillary use to the offices. No variances or adjustments are
required for this use.
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
(C-OP)". One of the primary objectives stated in the Land Use Element of
the General Plan is assigned to lands that provide comparative
advantages for office development, with use characteristics that enhance
compatibility with residential and other sensitive land uses. Mixed Use
development with hotels and motels, professional office and residential
may also be permitted through approval of an integrated master plan.
This project maintains a land use that is consistent with the Land Use
Element of the General Plan. The project is consistent with the General
Plan because the project proposes a commercial use that is compatible with
the existing uses within the office/medical complex 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 09-276 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 7th day of July, 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 09-276
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 hair salon shall be conducted from 9:00 a.m. to 6:00
p.m., Monday through Saturday.
5. Hair Salon shall have a maximum of thirteen employees.
6. Hair Salon will lease a maximum of 1,795 square feet.
7. The services provided will be haircuts and styling and facials. No manicure or
massage services are permitted.
4
CITY Of PALM DESERT
x, _ 73-510 FRED WARING DRIVE
Ir PALM DESERT,CALIFORNIA 92260-2578
„Ow!- , TEL:760 346-0611
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CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. CUP 09-276
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider a request by Bob Rose for approval of a conditional
use permit to operate "Elite Salon in an Office Professional zone. The property is
located at 72-650 Fred Waring Drive, Suite 105.
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SAID public hearing will be held on Tuesday, July 7, 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
June 26, 2009 Palm Desert Planning Commission
BOB EDWARDS
CONSTRUCTION, INC.
JUNE 22, 2009
CITY OF PALM DESERT PLANNING DEPARTMENT
73-510 FRED WARRING DRIVE
PALM DESERT CA, 92260
RE: ELITE SALON SUITES
72-650 FRED WARRING DRIVE STE. 105
STATEMENT OF USE
TO WHOM IT MAY CONCERN:
THERE WILL BE ROOM FOR 13 SALON WORKERS IN 12 SALONS.
ONE SALON IS EQUIPPED FOR AN ESTHETICIAN AND THE OTHER 11
SALONS THAT WILL ACCOMMODATE 12 INDIVIDUALS ARE ALL HAIR
STYLING SALONS. THEY ARE ALL OWNER—OPERATED AND THERE WILL BE
NO EMPLOYEES. THEY ALL WORK FIVE DAYS A WEEK ON AVERAGE BUT
SOME WORK MONDAYS AS WELL DURING THE BUSY SEASON IN WINTER.
THE TYPICAL WORK WEEK IS TUESDAY THROUGH SATURDAY, ABOUT 9 A.M.
TO 6 PM. THEY ARE REGULATED BY THE STATE BOARD OF BARBERING
AND COSMETOLOGY AND ALL WILL HAVE COSMETOLOGY LICENSES AND
ESTABLISHMENT LICENSES AND BUSINESS PERMITS FOR THE CITY OF
PALM DESERT AND RE—SELLER PERMITS TO COLLECT SALES TAX ON
RETAIL SALES OF BEAUTY PRODUCTS. THE SERVICES WILL BE HAIRCUTS
AND STYLING AND FACIALS. THERE ARE NO NAIL SALONS AND NO
MASSAGE SALONS.
cl� / i1lc1/1L/-, Yrcr 7F,F_Sru=4r
General Contractor #684857
51-455 Desert Club Drive Tel. (760) 777-8202
La Quinta, CA 92253 www.bedwardsconst.com Fax (760) 777-1139