HomeMy WebLinkAboutC. CUP 09-174 - Gordon L. Belmont CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING COMMISSION STAFF REPORT
REQUEST: Approval of Conditional Use Permit to allow the operation of a
massage therapy service in a single room by an individual certified
therapist at the "Karl Vasquez Salon and Spa", located on the
northeast corner of Parkview Drive and Hwy 111 at 72180 Hwy 111.
SUBMITTED BY: Renee Schrader, Associate Planner
APPLICANT: Gordon L. Belmont
76245 Fairway Drive
Indian Wells, CA 92210
CASE NO: CUP 09-174
DATE: May 19, 2009
EXECUTIVE SUMMARY:
Approval of a Conditional Use Permit would allow a single-room, individual
massage therapist to operate in a 135 square-foot massage room located in a
2,450 square foot building known as the Karl Vasquez Salon and Spa. The
Conditional Use Permit would allow a new full service salon and spa to provide
therapeutic massage services. In accordance with Municipal Code Section
5.87.040 "Massage Establishments and Location" and Zoning Ordinance Chapter
25.72 "Conditional Uses", where massage services, even as an ancillary spa use,
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.
Staff Report
Case No. CUP 09-174
May 19, 2009
Page 2 of 6
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 250
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 at the edge of the cities of Palm Desert and
Rancho Mirage. The project is situated on the northeast corner of Hwy 111
and Parkview Drive. The existing building and parking lot are distinctive in
that the property stands alone surrounded by Hwy 111 to the west,
Parkview Drive to the southeast, and a CVWD Flood control easement
including the Magnesia Flood Channel to the north. The existing 2,450
square-foot salon and spa building is surrounded by a parking lot that
contains four tandem and 15 regular parking spaces and one handicap
accessable space, for a total of 20 parking spaces.
C. Zoning and General Plan Designation:
Zoning: C-1 General Commercial
General Plan: CR Regional Commercial
Staff Report
Case No. CUP 09-174
May 19, 2009
Page 3 of 6
D. Adjacent Zoning and Land Use:
North: City of Rancho Mirage
South: PC(3) SP Planned Commercial (Regional) Shopping Center
East: PC(3) SP Planned Commercial (Regional) Shopping Center
West: C1 General Commercial and
HPR Hillside Planned Residential
III. PROJECT DESCRIPTION:
A. Site Plan:
The existing building is approximately 35.5 feet wide and 72.75 feet long.
The proposed business is composed of a lobby/reception room, a salon
room with six hairstylist stations, four treatment rooms along a hallway, with
a kitchen in the rear. The massage therapy room would be approximately
11'x 12' in size.
There are four treatment rooms in the proposed spa. Each room has an
assigned number and is described in this report as they appear top to
bottom on the floor plan. Treatment room #1 would be utilized by an
aesthetician for facials, etc. Treatment room #4 would be utilized by a
physician or a physician's assistant to administer non-surgical, minor
outpatient cosmetic procedures. Treatment room #2 is the proposed location
of a massage therapy room. Treatment room #3 would include two additional
hair stylist stations.
B. Proposed Business Plan:
The proposed hours of operation are from 9 AM to 8 PM, Monday through
Saturday. The proposed number of employees, working during a peak hour
in a given day would be eight to nine persons.
Currently, the spa is undergoing tenant improvements and has yet to submit
sufficient information and/or complete the necessary revisions to obtain final
permitting from the Building and Safety Department. A condition of approval
would be imposed that the Conditional Use Permit could not become
activated until the outstanding issues with the Building and Safety
Department are resolved.
Staff Report
Case No. CUP 09-174
May 19, 2009
Page 4 of 6
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. The parking requirement for a beauty shop or
salon is one parking space per 250 square feet of shop space. The
proposed net shop area is approximately 72' x 21', equaling 1,512 square
feet. Therefore, for the salon portion of the establishment, seven parking
spaces would be required.
The spa portion of the establishment is approximately 10' x 50', equaling a
proposed net of 500 square feet in area. The parking requirement for the
spa portion would be four spaces, (one space per 150 square feet).
Therefore, the total required parking spaces to operate the combined
interest would be 11 spaces. The project site provides 20 total parking
spaces.
B. Land Use Compatibility:
The proposed massage establishment is located in a C-1 (General
Commercial) zone. It has been shown that massage establishments are
compatible with commercial land uses. The Karl Vasquez Salon and Spa
would provide services predominantly to a clientele benefiting from
aesthetic advantages of massage. This type of clientele would also
purchase beauty products and other retail items sold at the spa, which are
in keeping with a general commercial use.
C. Hours of Operation/Number of Employees:
The applicant proposes to operate from 9:00 AM to 8:00 PM, Monday
through Saturday, 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 eight to nine anticipated employees. Analyzing the influences of
personnel and the number of provided parking spaces, and the hours of
operation stimulated by the nearby businesses, there does not appear to
be any negative impacts from the proposed hours of operation or the
number of employees of the massage establishment at this location.
Staff Report
Case No. CUP 09-174
May 19, 2009
Page 5of6
The massage services offered in the single treatment room are clinical and
therapeutic, offering the cosmetic benefits of relaxation massage, which
are consistent with the other services offered at this salon and spa.
Therefore, any negative impacts from intensification or incompatibility of
uses as per Chapter 25.72 would not likely occur at this location.
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, in that:
1. The parking demand generated by said use in relation to other uses
in the area would not present negative impacts;
2. The hours of operation of said use in relation to the hours of
operation of other uses in the area are consistent;
3. The relationship of the type of use to other uses in the area is
compatible;
4. And that any other factor the Commission might deem necessary in
making its decision can be discussed and resolved at the time of the
hearing.
V. ENVIRONMENTAL REVIEW:
The application is a Class 3 Categorical Exemption for purposes of CEQA,
therefore, there are no negative environmental impacts anticipated.
VI. PUBLIC NOTICE:
A Notice of Public Hearing was sent notifying neighbors within a 300' radius of the
project and published in the Desert Sun on May 8, 2009. There have been no
comments received, either for or against the approval of the Conditional Use
Permit, prior to the completion of the staff report.
VII. CONCLUSION:
The parking lot constructed to service the Salon and Spa has 20 parking spaces.
Any health studio or spa in a 500 square foot treatment space would require four
parking spaces. A beauty shop operating in 1,512 square feet would generate a
need for seven spaces. Customer parking anticipated per code would result in a
total of 11 spaces.
Staff Report
Case No. CUP 09-174
May 19, 2009
Page 6 of 6
Eight to nine employees are proposed during a maximum peak hour of operation,
resulting in approximately 19 to 20 total spaces utilized. The hours of operation
are comparable to all adjacent commercial uses. As conditioned, all findings
required for approval of a CUP can be met. Therefore, staff recommends
approval of CUP 09-174, subject to attached conditions.
VII. RECOMMENDATION:
That the Planning Commission adopt the findings and adopt Planning
Commission Resolution No. , approving CUP 09-174 for the Karl Vasquez
Salon and Spa subject to conditions attached.
VIII. ATTACHMENTS:
A. Draft Resolution
B. Legal Notice
C. Aerial photograph
D. Exhibits
Submitted by: Department Head:
Renee Sch r Lauri Aylaian
Associate Planner Director of Community Development
Approval.
Homer Croy
ACM for Develo ment Services
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 OPERATION OF A MASSAGE THERAPY SERVICE IN A SINGLE
ROOM BY AN INDIVIDUAL CERTIFIED THERAPIST AT THE "KARL
VASQUEZ SALON AND SPA", LOCATED ON THE NORTHEAST CORNER OF
PARKVIEW DRIVE AND HWY 111 AT 72180 HWY 111.
CASE NO. CUP 09-174
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 19th day of May, 2009, hold a duly noticed public hearing to consider the request
by Karl Vasquez Salon and Spa 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 09-174 is hereby granted, subject
to conditions attached.
PLANNING COMMISSION RESOLUTION NO.
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 09-174 is hereby granted, subject
to conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 19th day of May, 2009, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
VAN G. TANNER, Chairperson
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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PLANNING COMMISSION RESOLUTION NO.
CONDITIONS OF APPROVAL
CASE NO. CUP 09-174
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 nine employees.
4. The massage establishment shall maintain a maximum of one massage table.
5. Hours of operation shall be conducted from 9:00 AM to 8 P.M, Monday through
Saturday.
6. Any proposed change of this conditional use permit will require an amendment,
which will result in a new public hearing.
Department of Building and Safety:
1. This property has had construction work done without permits. Mr. Daniel
Crawford, Building Inspector/Plans Examiner, has met with the owner of the
building, Mr. Gordon Belmont, concerning the resolution of this violation (See
attached reference letter to Mr. Belmont dated January 20, 2009 regarding a
Special Inspection to obtain a Certificate of Occupancy). The conditional use
permit shall not be activated without resolving those issues stated in the letter.
These issues and any proposed work must conform to the current State of
California Codes adopted at the time of plan check submittal. The following are
the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
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PLANNING COMMISSION RESOLUTION NO.
2. All contractors and subcontractors shall have a current City of Palm Desert
Business License prior to permit issuance per Palm desert Municipal Code, Title
5.
3. All contractors and/or owner-builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
4. Address numerals shall comply with Palm Desert Municipal Code 15.15
regarding street address location, dimension, stroke of line, distance from street,
height from grade, height from street, etc. shall be shown on all architectural
building elevations in detail. Any possible obstructions, shadows, lighting,
landscaping, backgrounds or other reasons that may render the building address
unreadable shall be addressed during the plan review process. This requirement
pertains to existing buildings as well as newly constructed buildings.
Fire Department:
1. Prior to opening your business, you must contact the Fire Marshal's office to
schedule an appointment for a fire Life Safety inspection. You and the contractor
must be present at time of inspection. Fire Marshall sign off is required.
2. It is prohibited to use/process or store any materials in this occupancy that would
classify it as"H" occupancy per Sec. 307 of the 2007 CBC.
3. All fire sprinkler systems, fixed fire suppression systems and alarm plans must
be submitted separately for approval prior to construction. Subcontractors should
contact the Fire Marshal's Office for submittal requirements.
4. Applicant/Developer shall be responsible for installing a fire alarm system /
sprinkler system required 3000 square feet or more. Plans must be submitted to
the Fire marshal's Office prior to installation.
5. Shelving, counters, etc. Must be in place; however no merchandise may be
placed in the building prior to inspection.
6. A minimum 2A10BC Fire Extinguisher, (State Fire Marshal Approved) must be
mounted in a visible location within 75' walking distance from any point in your
building or suite. Fire extinguishers can be installed by a licensed company with
a State Fire Marshal service tag attached to the extinguisher. Or purchased from
a retail store with the sales receipt attached. A licensed company must service
extinguishers yearly.
7. All Electrical breakers must be labeled, having a clearance of not less then 36
inches and must be maintained around the panel at all times.
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PLANNING COMMISSION RESOLUTION NO.
8. A durable sign stating "This Door to Remain Unlocked Whenever the Building is
Occupied" Shall be place on or adjacent to the front exit doors. The Sign shall be
in letters not less then one inch high on a contrasting background.
9. Any questions regarding the meaning of these conditions should be referred to
the Palm Desert Fire Marshals office at 760-346-1870, located at 73710 Fred
Waring suite #102 Palm Desert, Ca 92260
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1 el
' 111 CITY of PALM DESERT
a...vita_y Department of Building and Safety
73510 Fred Waring Dr. Palm Desert, CA 92260
January 20, 2009
Mr. Gordon Belmont
76-245 Fairway Drive
Indian Wells, CA 92210
RE: 72-180 Highway 111 Special Inspection for Certificate of Occupancy
(Project#09-46390)
Dear Mr. Gordon Belmont,
A special inspection for Certificate of Occupancy was performed at 72-180 Highway 111 referencing public
records filed for the permitted tenant improvement closed January 14, 2005, (Project #05-33614). The
structure alterations observed and change of use require a building permit and approved Plans based on
the 2007 California Building Codes currently in effect. Please submit an as-built floor plan drawn to scale
with sufficient clarity to indicate the location, nature and extent of tenant alterations to include but not limited
to:
• Structure—identify interior non-structural alterations, i.e.single accommodation toilet compartment,
offices,salon fixtures and demonstrate a common path of egress travel with directional exit signage.
Additionally, provide accessibility notes and/or details at single accommodation toilet compartment
and exits.
• Electrical— identify new(n), existing (e) and relocated (r) receptacles and lighting fixtures. Submit
Title 24 LTG lighting compliance forms for both interior and exterior lighting.
• Plumbing — identify omitted and relocated fixtures.
• Mechanical — identify replaced HVAC systems and provide mechanical outdoor ventilation for all
spaces normally occupied that are not naturally ventilated. Per Table 4-1 of the California
Mechanical Code design outside air (OSA) @ 7.5 cfm per occupant for barber shop, 20 cfm per
occupant for beauty and nail salons. Submit Title 24 MECH compliance forms to verify minimum
OSA CFM.
In Summary, please submit a permit application and plans for review. Allow for an estimated 5 to 7 day
turnaround.When Plans are approved a tenant improvement permit(estimated cost$277.00)will be issued
and with a final building inspection your request for a Certificate of Occupancy will be granted.
For clarification of any correction item, or if there is any additional information you may need,please do not
hesitate in contacting me @ (760) 776-6420.
Sin rely,
-5-/"Of
4,7 dAii/44tz_
a iel r. y
uilding Inspec or II/ lans Examiner
Page 1 of 1
CITY Of PRIM DESERT
•
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73-510 FRED WARING DRIVE
,. I PALM DESERT,CALIFORNIA 92260-2578
/ / TEL:760 346-0611
�,._. .'_i; FAX:760 341-7098
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CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.CUP 09-174
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning
Commission to consider a request by Gordon L. Belmont to approve a Conditional Use Permit
that would allow the operation of a massage therapy service in a single room by an individual
certified therapist at the "Karl Vasquez Salon", located at 72180 Hwy 111 on the northeast
corner of Parkview Drive and Hwy 111.
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SAID public hearing will be held on May 19, 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
May 8, 2009 Palm Desert Planning Commission