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Home My WebLink AboutC. Case No. CUP 09-276 Amendment #1 - BOB ROSE, Applicant CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Approval of an amendment to existing Conditional Use Permit 09-276 to allow Elite Salon to expand into a 1,231 square foot suite in an existing office/medical building complex located in the Office Professional zone. The project is located at 72-650 Fred Waring Drive, Suites 105 and 106. (APN: 640-040-021). SUBMITTED BY: Kevin Swartz Assistant Planner APPLICANT: Bob Rose 30 Florence Drive Palm Desert, CA 92260 CASE NO. CUP 09-276, Amendment#1 DATE: October 6, 2009 I. EXECUTIVE SUMMARY: Approval of staff's recommendation would allow the applicant to expand its current operation of a hair salon business into Suite 106. Suite 106 is a 1,231 square-foot tenant space that will be divided into eight salon suites with up to eight staff members. The applicant is currently in operation in Suite 105, which is 1,795 square feet. With the expansion, the total square footage would be 3,026 square feet. The hours of operation are 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, which is appointment only, is located in Suite 107 and Desert Gate Real Estate is located in Suite 110. To the north and east is an existing apartment complex, to the west are residential single Staff Report CUP 09-276, Amendment 1 October 6, 2009 Page 2 of 7 family homes, and to the south are more commercial buildings across Fred Waring Drive. B. Zoning and General Plan Designation: The property is zoned OP, Office Professional, and the General Plan designation is C—OP, Office Professional. C. Adjacent Zoning / Land use: North: PR-22- Planned Residential /One Quail Place South: PC 2- Planned Commercial / Commercial buildings East: PR-7- Planned Residential / Single Family Homes West: PR-22- Planned Residential / One Quail Place III. PROJECT DESCRIPTION: The applicant is requesting approval of an amendment to existing Conditional Use Permit 09-276 for Elite Salon. CUP 09-276 was approved by the Planning Commission at the July 7, 2009, meeting by Resolution No. 2508. The applicant is currently leasing Suite 105, which is 1,795 square feet. The suite is 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 are haircuts, styling and facials. The hours of operation are from 9:00 a.m. to 6:00 p.m., six days per week. The typical work week is Tuesday through Saturday, with Monday being an occasional day. The applicant has leased 90% of the suites to date. The applicant is requesting to expand into Suite 106. Suite 106 is 1,231 square feet. The applicant will be adding eight additional individual hair salon suites. The expansion into suite 106 would bring the total to 3,026 square feet of leased area. With the new expansion, the applicant is revising the current floor plan by eliminating one suite and enlarging the break room. There will be a total of 19 individual salon suites including a break room. The individual suites range in size from 85 square feet to 180 square feet. Currently the business has 13 employees within Suite 105. With the expansion of Suite 106 and the eight new salon suites, the business would accommodate 20 employees. The employees must be licensed by the State Board of Barbering and Cosmetology. There will be one employee per suite, except Suite 1 which will have two employees. An average of two to three customers per day per G:\Planning\Kevin Swartz\Word\CUP'S\CUP 09-276 Elite Salon\Staff Report pc amendment 1.doc Staff Report CUP 09-276, Amendment 1 October 6, 2009 Page 3 of 7 salon suite would be anticipated. An average of four to five customers on Saturday per salon suite 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 two hour and three- hour sessions. 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 two suites. IV. ANALYSIS: The applicant was approved through Resolution No. 2508 to operate a hair salon located in the Office Professional zone. The Planning Commission made the finding that there is adequate parking and the use is compatible with the surrounding uses. With the expansion, staff conducted a parking study and determined that the proposed additional suite 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. 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 office complex also has a reciprocal parking agreement with the adjacent church during the weekdays. 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 to Friday, September 14-18, 2009 during the hours as shown below. Date Time Vacant Occupied Parking Spaces Spaces Mon, Sept 14 9:30 AM 16 11 Mon, Sept 14 1:45 PM 20 7 Tues, Sept 15 10:30 AM 15 12 Tues, Sept 15 2:50 PM 17 10 Wed, Sept 16 9:45 AM 18 9 G:\Planning\Kevin Swartz\Word\CUP's\CUP 09-276 Elite Salon\Staff Report pc amendment I.doc Staff Report CUP 09-276, Amendment 1 October 6, 2009 Page 4 of 7 Wed, Sept 16 4:15 PM 21 6 Thurs Sept 17 11:00 AM 16 11 Thurs Sept 17 4:20 PM 25 2 Fri Sept 18 10:00 AM 17 10 Fri Sept 18 3:10 PM 20 7 Average Available 18 8 Spaces The parking study concluded that an average of 18 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. B. Land Use Compatibility: The Planning Commission approved the use of a hair salon at this location, because the Commission felt that the use is compatible with the other uses in the area. 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 relatively low in intensity, and are compatible with adjacent residential zoning. Ancillary commercial uses oriented to providing services in the surrounding area are encouraged as well. The O.P. zone allows commercial uses as long as the use doesn't exceed 25% of the gross leasable floor area of the office complex. The total square footage of 3,026 does not exceed twenty-five percent. The office complex also has a reciprocal parking agreement with the adjacent church during the weekdays. In this particular area, it appears as though the proposed use would be compatible with the other office/medical uses, as well as the adjacent residential community. 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. G:\Planning\Kevin Swartz\Word\CUP's\CUP 09-276 Elite Salon\Staff Report pc amendment 1.doc Staff Report CUP 09-276, Amendment 1 October 6, 2009 Page 5 of 7 The proposed location with the approval of a conditional use permit is in accordance with the purpose and objectives of the zone. CUP 09-276, which approved the use in the adjacent suite, was approved by Resolution No. 2508. The zone allows general and medical offices, and ancillary commercial uses. 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 is 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 expansion for the approved Elite Salon business meets all applicable requirements of the zoning ordinance and will not be detrimental to general public's 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 has been approved by the Planning Commission by Resolution No. 2508. The expansion 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. 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, G:\Planning\Kevin Swartz\Word\CUP's\CUP 09-276 Elite Salon\Staff Report pc amendment 1.doc Staff Report CUP 09-276, Amendment 1 October 6, 2009 Page 6 of 7 with use characteristics that enhance compatibility with residential and other sensitive land uses. Mixed Use development with hotels and motels, professional offices 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 with an amendment to the existing CUP is parking. The applicant would be limited to 20 employees (one per salon suite), with one suite having two employees. The applicant expects two to three customers per day per salon suite. On Saturdays the applicant is anticipating four to five customers per day per salon suite. The parking survey illustrates there is an average of 18 available spaces during the 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, Amendment #1, subject to the attached conditions. G:\Planning\Kevin Swartz\Word\CUP's\CUP 09-276 Elite Salon\Staff Report pc amendment l.doc Staff Report CUP 09-276, Amendment 1 October 6, 2009 Page 7 of 7 VIII. ATTACHMENTS: A. Draft Resolution B. Legal notice C. Exhibits Submitted by: Department Head: 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 amendment l.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVAL OF AN AMENDMENT TO EXISTING CONDITIONAL USE PERMIT 09-276 TO ALLOW ELITE SALON TO EXPAND INTO A 1,231 SQUARE FOOT SUITE IN AN EXISTING OFFICE/MEDICAL BUILDING COMPLEX LOCATED IN THE OFFICE PROFESSIONAL ZONE. THE PROJECT IS LOCATED AT 72-650 FRED WARING DRIVE, SUITES 105 AND 106. WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of October, 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 with the approval of a conditional use permit is in accordance with the purpose and objectives of the zone. CUP 09-276, which approved the use in the adjacent suite, was approved by Resolution No. 2508. The zone allows general and medical offices, and ancillary commercial uses. 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 is 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 expansion for the approved Elite Salon business meets all applicable requirements of the zoning ordinance and will not be detrimental to general public's health, safety, and welfare or materially injurious to the properties in PLANNING COMMISSION RESOLUTION NO. t the vicinity. ate , sanitation, public utilities and services are available and existing with a 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 has been approved by the Planning Commission by Resolution No. 2508. The expansion 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. 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 offices 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, Amendment 1 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 6th day of October, 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, AMENDMENT 1 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 twenty employees. 6. Hair Salon will lease a maximum of 3,026 square feet. 7. The services provided will be haircuts and styling and facials. No manicure or massage services are permitted. 4 :.. CITY OF FAL DESERT I', 73 510 FRF.D WARING DRIVE �'. PALM DESERT,CALIFORNIA()2260-2578 r. - TEL:760 346—obn C� ;is FAX.760 34t—• mfo@palm-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 09-276, AMENDMENT#1 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 an amendment to conditional use permit 09-276 for additional salon suites for Elite Salon in an Office Professional zone. The property is located at 72-650 Fred Waring Drive, Suite 106. lyf"'w ,�,I�'% .rd� m a y'm� * t. may F gy,q��".+r�i j y� _ t t , r fie" �"' �"AJ ��&'F'9 '., `� ° �, B...a is ¢ s r ( � a ' t' ais �, �.P� M +mr a - �_. �'�,J1.,v, � � „ ' r �_ �� ire � S i mil*it.17 Mi r i �^ II0I ' I 98. p,,, y K, . G t 1 1 to 14 i. F'^ Icy l d 11 I k 1 I. a i � I I F a° -1 ^r 1, t � ,, -_ , I 1' 2 a AVE1a ItoI >r„p r II �. I � '£ � t r e pia jj •x 4 it ., fp �1 S="' ,....4IIIC✓4 „.. .47,---..'--j - i 7 ' fir ,? n^v'a'`x , 3' '' I c if I 1,0.', t I m- I--•,�< s, s' I v � ° � . I l a I �' I " 1'/t �q I :# v ''4' e" w' .S 4r ,+ tea xr rhr a^ S ratcc a. ? � a{ x�ir:. ... .��: ... � s. uX� i•,��'iW�.`„z �:�hex �:Y..x. �::P, SAID public hearing will be held on Tuesday, October 6, 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 September 26, 2009 Palm Desert Planning Commission