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HomeMy WebLinkAbout2013-05-21 PC Regular Meeting Agenda Packet "'••''•�..• CITY OF PALM DESERT t tPALM DESERT PLANNING COMMISSION • : 01 4 Aw h.I AGENDA ' 01/ .. N TUESDAY, MAY 21, 2013 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. SUMMARY OF COUNCIL ACTION V. ORAL COMMUNICATIONS Any person wishing to discuss any item not scheduled for public hearing may address the Planning Commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. Because the Brown Act does not allow the Planning Commission to take action on items not on the Agenda, Commissioners will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for report and recommendation at a future Planning Commission meeting. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the Office of the Department of Community Development and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m.-5:00 p.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611, Extension 484. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE PLANNING COMMISSION OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII, CONSENT ITEMS HELD OVER, OF THE AGENDA. AGENDA PALM DESERT PLANNING COMMISSION MAY 21, 2013 A. MINUTES of the Planning Commission meeting of May 7, 2013. Rec: Approve as presented. B. REQUEST FOR CONSIDERATION of a lot line adjustment (APNs 626-060- 012, 626-060-013, & 626-060-031) at Avondale Country Club. Case No. PMW 13-106 (Feiro Engineering, Inc., PO Box 12980, Palm Desert, CA 92255, Applicant) Rec: By Minute Motion, approve a lot line adjustment, Case No. PMW 13- 106. Action: VII. CONSENT ITEMS HELD OVER VIII. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he, she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. A. REQUEST FOR CONSIDERATION of a Conditional Use Permit to operate a 2,686-square-foot hair salon within an existing 6,192-square-foot building located in the Office Professional zone at 44-630 Monterey Avenue, Suites 200 and 201 . Case No. CUP 13-127 (Jennifer Anderholt, 44-630 Monterey Avenue, Palm Desert, CA, 92260, Applicant). Rec: Waive further reading and adopt Resolution No. 2603, approving CUP 13-127, subject to conditions. Action: IX. MISCELLANEOUS None X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION 2 G:\Planning\Monica OReilly\Planning Commission\2013Wgenda\5-21.13 agn.docx AGENDA PALM DESERT PLANNING COMMISSION MAY 21, 2013 XI. COMMENTS XII. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 16th day of May, 2013. Monica O'Reilly, Recording Secreta Please contact the Planning Department, 73510 Fred Waring Drive, Palm Desert, CA 92260, (760) 346-0611, for assistance with access to any of the agenda, materials, or participation at the meeting. 3 G:\Planning\Monica OReilly\Planning Commission\2013\Agenda\5-21-13 agn.docx " CITY OF PALM DESERT (411t 1� s PALM DESERT PLANNING COMMISSION • b /J1b s PRELIMINARY MINUTES t b 4 N . TUESDAY, MAY 7, 2013 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Nancy DeLuna called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Commissioner Ken Stendell Commissioner John Greenwood Commissioner Sonia Campbell Vice Chair Roger Dash Chair Nancy DeLuna Staff Present: Jill Tremblay, City Attorney Lauri Aylaian, Director of Community Development Kevin Swartz, Assistant Planner Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Chair DeLuna led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Lauri Aylaian, Director of Community Development, reported that at the meeting of April 25, the City Council had no items on the agenda related to Planning Commission actions or recommendations. V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 2013 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of April 16, 2013. Rec: By Minute Motion, approve as presented. B. REQUEST FOR CONSIDERATION of a lot line adjustment (APNs 771-500- 006 & 771-500-012, Tract No. 28575-3) at Canyons at Bighorn. Case No. PMW 12-205 (James L. Evans, 1457 130th Avenue NE, Bellevue, WA 98005, Applicant) Rec: By Minute Motion, approve a lot line adjustment, Case No. PMW 12- 205. C. REQUEST FOR CONSIDERATION of, an extension for the remodel and addition to the existing Jensen's Shopping Center. Case No. PP 07-14 (Bill Lang, Commerce Realty, 149 Palos Verdes Blvd, Suite E, Redondo Beach, CA 90277, Applicant) Rec: By Minute Motion, approve the extension (until May 7, 2014) to Case No. PP 07-14. Upon a motion by Dash, second by Campbell, and "a 5-0 vote of the Planning Commission, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD,OVER None VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a Conditional Use Permit (CUP) to operate a therapy/tutoring facility using physical activity and talk therapy in an existing Service Industrial zone located at 74-894 Lennon Place, Suite A-1, APN 624-290-016. Case No. CUP 13-122 (Teresa Adams, 44-059 Vigo Court, Palm Desert, CA 92260, Applicant) Ms. Aylaian informed the Planning Commission that Ms. Missy Nale resigned, and the City will be filling her position. In the meantime, Mr. Swartz will complete the planning and processing of this application. Chair DeLuna wished Ms. Nale the best with her newborn. Mr. Kevin Swartz, Assistant Planner, reported that the property is located on the northwest corner of Lennon Place and Eclectic Street, and south of Hovley Lane East. The property is zoned Service Industrial with properties to the north, south, east, and west also zoned Service Industrial. 2 G:\Planning\Monica OReilly\Planning Commission\2013\Minutes\5-7-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 2013 He stated that the applicant is requesting a counseling and tutoring business in a Service Industrial zone. The business currently operates three to four days during the week from 4:00 p.m. to 6:00 p.m., and 8:00 a.m. to 6:00 p.m. on the weekends during the school year. The summer hours are 8:00 a.m. to 6:00 p.m. Monday through Sunday. He communicated that the applicant provides counseling and tutoring to individuals and small groups not exceeding three clients. Mr. Swartz presented a site and floor plans. He noted that the business would have no more than three clients and two employees on the premises at one time. A parking study was done, and five vehicles would not have a detrimental effect on this center. He said the physical activity in small groups may provide for higher level of noise; however, the business is located in a Service Industrial zone. Car repair shops are located within the center, and staff does not anticipate this use to generate more noise than any other use typically found in a Service Industrial zone. Mr. Swartz stated that staff does not have any objections to this proposed use and recommends that the Planning Commission adopt Resolution No. 2602 approving the Conditional Use Permit. He offered to answer any questions. Chair DeLuna inquired if the center is fully leased at this time. Mr. Swartz replied that he did not know. Chair DeLuna stated that if it is not fully leased, does staff anticipate there would be enough parking when it is fully leased. Mr. Swartz responded yes. He said it is a Service Industrial zone, which requires two parking spaces per 1 ,000 square feet. Therefore, 47 spaces are required for the center. The center has a total of 61 parking spaces. Commissioner Stendell asked staff if they know the hours of CJ's Café. Mr. Swartz replied that he did not know. A member from the audience voiced that the café is open till 2:00 p.m. Commissioner Stendell clarified that once the café closes at 2:00 p.m. the café's parking would be available. Mr. Swartz replied yes. Commissioner Campbell asked where the applicant is currently located. Mr. Swartz responded that the applicant is present, and that the applicant could address the question. Ms. Aylaian noted that this is a continuation of an existing business. The existing business was in a building that recently has been closed. She stated that the City allowed the applicant on a Temporary Use Permit to occupy the space that is 3 G:\Planning\Monica OReilly\Planning Commission\2013\Minutes\5-7-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 2013 proposed for a Conditional Use Permit. Ms. Aylaian clarified that the applicant is currently in the space and operating on a temporary basis. Chair DeLuna declared the public hearing open and invited the applicant to address the Commission on this matter, followed by any public testimony IN FAVOR or OPPOSITION. MS. TERESA ADAMS, 44-059 Vigo Court, Palm Desert, California, stated her name for the record. Chair DeLuna asked Ms. Adams if she would like to provide the Planning Commission with additional information or services that is not listed in the staff report. MS. ADAMS responded that she believes the staff report was sufficient. She offered to answer any questions. Commissioner Dash asked the applicant if she is counseling and advising individuals and groups. MS. ADAMS replied that was correct. She stated she is a registered play therapist, and a licensed marriage and family therapist and a credential teacher. Commissioner Dash inquired if there is list of areas that the applicant specializes in, or if she responds to requests from clients as they come in. MS. ADAMS responded that she operates this business part-time because she is a full-time school counselor. From the therapy side, the majority of the clients come from the Coachella Valley Autism Society. She said she provides social skills groups twice a month for them. Ms. Adams stated she is a licensed marriage and family therapist so that is open to all areas. Chair DeLuna asked if there is tutoring in conjunction with schools, or is this something outside of the purview of the actual curriculum. MS. ADAMS replied that it is outside of the curriculum. She said that her tutoring is homework assistance, and that she does communicate with parents and teachers. Commissioner Stendell referred to the floor plan, and asked what type of physical activity would be done in the large warehouse section. MS. ADAMS responded that for tutoring and group therapy she would have different games to help the children learn to cooperate with each other, and to teach them leadership skills. When she works with adolescents, it is more of a structured physical activity. She mentioned her husband is a personal trainer so he'll work with them for an hour, and then the second hour is therapy with her. 4 G:\Planning\Monica OReilly\Planning Commission\2013\Minutes\5-7-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 2013 Commissioner Stendell asked the applicant if she anticipates opening the back warehouse door. MS. ADAMS replied that they would open the door for air. She said that the only time they would have it completely open is for cleaning. Chair DeLuna asked what the age group of students she works with is. MS. ADAMS replied that the age groups are from pre-school to age 16. Commissioner Greenwood asked the applicant if she knew the occupancy or the use of the adjacent suite. MS. ADAMS answered that she believes the business next door creates glass artifacts. Commissioner Greenwood asked if the adjacent business closes at 5:00 p.m. MS. ADAMS said she believes they have various hours. Commissioner Greenwood asked the applicant if she has any concerns with creating noise for the adjacent business due to the physical activities. MS. ADAMS responded that the noise would be no louder than what you hear in an industrial zone. Commissioner Greenwood mentioned that there is a tentative improvement floor plan in the packet, and asked if that is what the applicant is proposing. MS. ADAMS replied that it is a floor plan, which was requested by City staff. MR. ROBERT ADAMS (husband of applicant), 44-059 Vigo Court, Palm Desert, California, commented on the back door being open. He said the suite has a swamp cooler, and it was suggested to crack the door open for air flow, which is the only time the door would be open. He also commented that the adjacent business owner was concerned that his noise would interfere with the therapy and tutoring because he does grinding of ceramic and glass. Chair DeLuna asked if the door is cracked open and children are present, is there a way to monitor so no one could surreptitiously enter unannounced. MR. ADAMS replied yes. He said the roll up door could be locked in place so it cannot be raised or lowered, even if the door is on a cinder block. He stated that it would be hard to open when it is locked, and he is the only one with a key. Chair DeLuna asked how high up the door would be open. 5 G:\Planning\Monica OReilly\Planning Commission\2013\Minutes\5-7-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 2013 MR. ADAMS replied as high as a cinder block, which is 11 to 12 inches. He commented that there is another door that is locked at all times. With no further testimony offered, Chair DeLuna declared the public hearing closed. Commissioner Campbell said she would move for approval. Commissioner Dash commented that any assistance that could be given to parents and teachers is welcomed in Palm Desert, and he would also move for approval. Commissioner Campbell moved, by Minute Motion, to approve a therapy and tutoring facility using physical activity and talk therapy in an existing Service Industrial zone located at 74-894 Lennon Place, Suite A-1, APN 624-290-016. Motion was seconded by Dash and carried by a 5-0 vote. Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2602, subject to conditions. Motion was seconded by Dash and carried by a 5-0 vote. IX. MISCELLANEOUS None X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None ����� XI. COMMENTS Ms. Aylaian reminded the Planning Commission of the Joint Study Session between the City Council and the Planning Commission scheduled for May 9 at 2:00 p.m. relative to the Zoning Update. She mentioned that there are no cases for the second Planning Commission in May. Ms. Aylaian welcomed the College of the Desert students, and thanked them for participating. Mr. Swartz interjected that he has a case for the May 21 Planning Commission meeting. 6 G:\Planning\Monica OReilly\Planning Commission\2013\Minutes\5-7-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 2013 Chair DeLuna asked the College of the Desert students in the audience if they had any questions. The students did not have questions. Chair DeLuna mentioned to the students that they are welcome to attend Planning Commission meetings. The Commission enjoys class participation and appreciates being part of their education process. XII. ADJOURNMENT Upon a motion by Greenwood, second by Stendell, and a 5-0 vote of the Planning Commission, Chair DeLuna adjourned the meeting at 6:22 p.m. NANCY DE LUNA, CHAIR ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION 7 G:\Planning\Monica OReilly\Planning Commission\2013\Minutes\5-7-13 min.docx CITY OF PALM DESERT INTEROFFICE MEMORANDUM TO: LAURI AYLAIAN, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: BO CHEN, CITY ENGINEER SUBJECT: PARCEL MAP WAIVER NO. 13-106 DATE: MAY 14, 2013 The above-referenced parcel map waiver has been reviewed by the Engineering Division of the Public Works Department and found to be technically correct. Please schedule for Planning Commission action as soon as possible. PMW 13-106: Property Owners: Laura Schindler, and Leah Laurie Applicant and Representative: Feiro Engineering, Inc. P.O. Box 12980 Palm Desert, CA 92255 r ) a 76 --c le- BO CHEN, P.E. 1 46 :), '� I City of Palm Desert /Department of Community Development '' PARCEL MAP WAIVER or ;1:' �_) ��-r- ��, 73-510 Fred Waring Drive•Palm Desert•California •92260•(760)346-0611 • Fax(760)776-6417 Applicant: f'etrO 0G t tJ ee-r►c!6 e 1.tise,- Telephone: 660) 3(i40-16/3— Mailing Address: e a 1-box r D-9 a O Fax number: 6toe) 3 yf-a 5-1'g City: QGx.R r t\ ,ai,,. .- State: GI?-Zip:( 5S Email: 1,u.el G-C e-,ru `n e I Property Owner: L (lt rA `x-hiridler cV 1.ei; LAttir)e„ Telephone: (31g) 55tf- /OLo oN Mailing Address:Cfd R h ._I Sc h r r l ci er , .� 5 J £3Lg w, Jl�c�ks Fax i3►numbeu�:Q. r: I'a)55q (©q t City: C. Ati,A-60 State:I.L Zip: / o/poti Email: `CAkp11jSciAio Ale rL5bcjtobAl.nG7 Representative: r . e l t v L�PG i i-)CC-C'►*46, Z._n.,1 Telephone: (J 6)U) 3 y 4, -0p 6(Y.- Mailing Address:.(] 0 ())( )a 9 80 Fax number: (7(Dc) (ffo- .1`a`1 City: 6v, : N L4 State: c!',g55 Zip: Email: it co: .ic�•`k*e_ivo I ne 7 Please send correspondence to(check one): Applicant Property Owner ✓Representative Project Address(s): 15 m 37O t\c L c ch k t vu Li,r Assessor Parcel Number(s): 6 g(- d 120 - v 1 a) 0 1-5 `}- 0`b 1 Existing Zoning: ()R-3 General Plan Designation: q - L. Project Request(describe specific nature of approval request): rr o at, st,z. AA,..", 1 is'At,-o b0._,i 'J• , . ,v3-4'_ .PCs C?stAk c-- tx.W uwtk ,.1t,wc-243 c:44 4" °{-•C, ArLticl-- Property Owner Authorization: The un,lersigr ed states that they are the owner(s) of the property described and her/in give authorization for tth/e,fili g of th• application. / 0.4.4"4 J c- `— �%�. L 14tv,' 11 `_,. 9 ,, ti 1e‘r- -3�el/ 3 Signature Print Name Date Applicant I Representative Signature: By signing this application I certify that the information provided is accurate. I understand that the City might not approve what I am applying for and/or might require conditions of approval. J t v»s 0, Veic-o 3�i l 1 ', Signature Print Name ate Property Owner Authorization: Agreement absolving the City of Palm Desert of all liabilities relative to any deed restrictions. I DO BY MY SIGNATURE ON THIS AGREEMENT absolves the City of Palm Desert of all liabilities reg rding any deed re trictionn�s����that may be applicable to the property described herein. SC- c. .�1=-k_x.‘ x - SC i�,d(e.�,. 3/167 3 Signatureur�� Print Name Date OFFICE USE ONLY PROJECT NO: PMW / �Je, DATE: 3/1 /i3 ACCEPTED BY: c`-�- et2' f City of Palm Desert /Department of Community Development .1,1 = PARCEL MAP WAIVER � 'k t �'''�� 'fr 73-510 Fred Waring Drive•Palm Desert•California •92260• (760)346-0611 • Fax (760)776-6417 Applicant: _ �/ 1 re t ro G tJ6 1 h V.) e r l�r 6 i �,�� Telephone: G 0) 3 cac'34/r Mailing Address: P 6 Fax number: (7. ) 3 City: Pc„..k State: LI)-Zip:1)-.)55 Email: `,u c &Q e'i c a 'n c 7' Property Owner: L AUr,a SaNtrAlCr LeANI L Goe) , Telephone: (310) 551- toLo 5 i.�, JAokso;� 13iv�. MailingAddress:C%o R Mph J Sch\ ucdier , �� f1ig Fax number: 01'a)5541'-foL City: C.h tCA-60 State:I.L Zip: (oo6df Email: `c`A1phJ SC kiodkere 5bc j to bi Ii Representative: _r`e k ro ►-)C. t tJ CC-r��G �n� Telephone: a (n O) 3 r (P- g O(�^ Mailingt O,( Address: Q U \c� ) 9 8o Fax number: (7Cac O- �5`1 �� 8 City: 1'�-Qvn � State:Cfr Zip: -'d0SS Email: j t c.c - Qeiro ne Please send correspondence to (check one): Applicant Property Owner Representative Project Address(s): 15 _3-10 Cc \t v'J Assessor Parcel Number(s): 6 a k,- 6 bO -o I a) O 31 Existing Zoning: t? General Plan Designation: f "', Project Request(describe specific nature of approval request): - rY\0 2e- `lC-o loo-01 a Jt 4 o C -4— u.9 3 v" �,�cst,c C 431 .4 OK, ,ThGNP C - p4. Property Owner Authorization: The undersigned states that they are the owner(s) of the property described and here' give authorization for the filing of the application. 3//.8 1/L5 Signature Print Name Date Applicant/ Representative Signature: By signing this application I certify that the information provided is accurate. I understand that the City might not approve what I am applying for and/or might require conditions of approval. , e J (VW cc, 0, Ve-i 1-0 ]d 175 Sign tine Print Name Date Property Owner Authorization: Agreement absolving the City of Palm Desert of all liabilities relative to any deed restrictions. I DO BY MY SIGNATURE ON THIS AGREEMENT absolves the City of Palm Desert of all liabilities regarding any deed restrictions that may be applicable to the property described herein. ( ems�u Lec hL itrtf /1 / 13 Signature Print Name Date OFFICE USE ONLY PROJECT NO: PMW I //c 6 DATE: 3/2? Si/.? ACCEPTED BY: EXHIBIT "A" PARCEL MAP WAIVER# 13-106 LEGAL DESCRIPTION PARCEL 1 LOT 12 AND A PORTION OF LOT 13 OF TRACT NO. 4018, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 65 OF MAPS AT PAGES 1 THROUGH 3, INCLUSIVE, IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 12; THENCE S 80°30'00"E ALONG THE NORTH LINE OF SAID LOTS 12 AND 13, A DISTANCE OF 107.85 FEET, BEING DISTANT THEREON 12.85 FEET FROM THE NORTHEAST CORNER OF SAID LOT 12; THENCE S 08°30'00"W A DISTANCE OF 123.22 FEET; THENCE S 09°30'00" W A DISTANCE OF 26.80 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 13, BEING DISTANT S 80°30'00"E 15.00 FEET FROM THE SOUTH- EAST CORNER OF SAID LOT 12; THENCE N 80°30'00"W ALONG THE SOUTH LINE OF SAID LOTS 13 AND 12, A DISTANCE OF 110.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 12; THENCE N 09°30'00"E ALONG THE WEST LINE OF SAID LOT 12, A DISTANCE OF 150.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 12 AND THE POINT OF BEGINNING. CONTAINING 16,368 SQ. FT. (0.38 AC) MORE OR LESS SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAYS AND EASEMENTS OF RECORD IF ANY. EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE IS MADE A PART HEREOF. (,,,, ,,P74.5 • Pert,',1- , a. 4075 ! * k P. 6/30/14 v.1*! PAGE 1 OF 2 9�#'CA1a`'� EXHIBIT "A" PARCEL MAP WAIVER# 13-106 LEGAL DESCRIPTION PARCEL 2 A PORTION OF LOT 13 OF TRACT NO. 4018, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,AS SHOWN BY MAP ON FILE IN BOOK 65 OF MAPS AT PAGES 1 THROUGH 3, INCLUSIVE, IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 13; THENCE S 19°26'22" W ALONG THE EAST LINE OF SAID LOT 13, A DISTANCE OF 158.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 13 AND A POINT ON A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 375.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS N 19°26'22"E; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 13 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 09°56'22"AN ARC LENGTH OF 65.05 FEET TO A POINT DISTANT ALONG SAID SOUTHERLY LINE S 80°30'00"E 15.00 FEET FROM THE SOUTHEAST CORNER OF LOT 12 OF SAID TRACT NO. 4018; THENCE N 09°30'00"E A DISTANCE OF 26.80 FEET; THENCE N 08°30'00"E A DISTANCE OF 123.22 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 13, BEING DISTANT ALONG SAID NORTH LINE S 80°30'00"E 12.85 FEET FROM THE NORTHEAST CORNER OF SAID LOT 12; THENCE S 80°30'00"E ALONG THE NORTH LINE OF SAID LOT 13,A DISTANCE OF 94.15 FEET TO THE NORTHEAST CORNER OF SAID LOT 13 AND THE POINT OF BEGINNING. CONTAINING 12,085 SQ. FT. (0.28 AC)MORE OR LESS SUBJECT TO ALL COVENANTS, RIGHTS,RIGHTS-OF-WAYS AND EASEMENTS OF RECORD IF ANY. -'ypND SU ti EXHIBIT"B"ATTACHED HERETO AND BY THIS D.kF/F�� REFERENCE IS MADE A PART HEREOF. (sf.7-' _, 9 0E, n� � No. 4075 I \\EXP. 6/30/14 + dj,\, y PAGE 2 OF 2 'CA1 SITE PLAN P.M.W. # 13-106 LINE TABLE LAND SUR NO. BEARING DISTANCE �,��Q�'S D. FF!p�0 L 1 S80'30'00"E 15.00' V O 70 L2 N80'30'00"W 12.85' No. 4075 EXP. 6/30/14 S� `Q. _ — N80'30 Op yy �TF OF CAUL C� 10785' APN• • �0 626-0tina 5803000'E o Existing wall 94.15 h (fyp� i,* New Lot Ip 6.87' Existing Lot Line I o Line Being Adjusted / N II ry ke �O� I i Q W VACANT Li N 4 J outside face I o6p,013 k., i 1_ of building =oo 626_ �--.. N o �_6' 1 .4 680, PP `,v \t, Ij i .J be., �j�� � % % \. CO N80'30 00 p / N 4i !� ------------I N 110.00' o CI N80` 3Q= 110.00' "N'l Z CLACHL/N CMRC, C2 CURVE TABLE \ NO. DELTA RADIUS LENGTH C 1 09'56'22" 375.00' 65.05' C2 09'56'22" 350.00' 60.72' ADJUSTMENT PLAT CITY OF PALM DESERT Applicant and Prepared By: Owner: Approved By: FEIRO ENGINEERING, INC. Laura Schindler P. 0. BOX 12980 Leah Laurie PALM DESERT, CA. 92255 c/o Ralph J. Schindler, Jr. (760) 346-8015 53 W. Jackson Blvd. #818 Chicago, IL 60604 (312) 554-1040 City Surveyor �y "" i11')13 (312) 554-1041 fax L.S. 6155 Date F Jame D. eiro Date Exp. 3/31/14 EXHIBIT "B" P.M.W. # 13-106 P.O.B. Lot 4 PAR. 1 R.S. 55/38-43 Golf Course_ S80'30'0 E 95.00 107.85' P.O.B. APAa 626-060-012 580;300o" PAR. 2 0 15' of Lot 13 94.1,5 E deeded without I , New Lot 0 benefit of PMW Line N. Dec. 6, 1974 inst. 155305 N 11 I ^r PAR. 2 PAR. 1 I 1 12,085 sq. ft. o 16,368 sq. ft. (0.28 AC) .Q (0.38 AC) , o a VACANT single family res. I o 01 6 p6p,p13 0 o Existing Lot Line / (0 = PPN; 62 Being Adjusted IC. N '�� 2 \., NO ,'3 15' \, NOCS‘ , ��1At _ '0' 65\ o '\C. 651 G N80 30'009 0 I ,,, 0 `_I N 11p00 0 h80'30 pp' ;� Cl /CLA 110.00' 12 C Z.)CIRCLE �l LINE TABLE \C NO. BEARING DISTANCE ANO SCR Li S80'30'00"E 15.00' (...\-: , 0' FF`F�.L2 N80'30'00"W 12.85' �� 73 —' No. 4075 CURVE TABLE 4EXP. 6/30/14 NO. DELTA RADIUS LENGTH Q, Cl 09'56'22" 375.00' 65.05' ��q7. c`*- C2 09'56'22" 350.00' 60.72' F OF Cg1.\F� ADJUSTMENT PLAT CITY OF PALM DESERT Applicant and Approved Prepared By: Owner: pP By: FEIRO ENGINEERING, INC. Laura Schindler P. 0. BOX 12980 Leah Laurie PALM DESERT, CA. 92255 c/o Ralph J. Schindler, Jr. ,� (760) 346-8015 53 W. Jackson Blvd. #818 1� i , ,` C` . G�1,•w--7 Chicago, IL 60604 1:0--, Kl i 4 City Surveyor1L.S. 6155 Date S /'¢'A3 Jes D. Feiro Da a Exp. 3/31/14 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION OF A CONDITIONAL USE PERMIT TO OPERATE A 2,686-SQUARE-FOOT HAIR SALON WITHIN AN EXISTING 6,192-SQUARE-FOOT BUILDING LOCATED IN THE OFFICE PROFESSIONAL ZONE AT 44-630 MONTEREY AVENUE SUITES 200 AND 201 SUBMITTED BY: Kevin Swartz, Assistant Planner APPLICANT: Dishwater Blonde Attn: Jennifer Anderholt 44-630 Monterey Avenue Palm Desert, CA 92260 CASE NO: CUP 13-127 DATE: May 21, 2013 CONTENTS: Resolution No. 2603 Legal Notice Applicant's Statement of Use Letter Applicant Submitted Site Plan and Floor Plan Recommendation Waive further reading and adopt Resolution No. 2603, approving Conditional Use Permit 13-127. Executive Summary Approval of staff's recommendation would allow the applicant to operate a 2,686 square-foot hair salon business within a 6,192-square-foot office building. The existing building is two-stories, and the hair salon would occupy the entire second floor. The hair salon would operate seven days a week from 9:00 a.m. to 6:00 p.m. There would be five licensed cosmetologists working by appointment only schedules each working four days a week. The principal concern regarding the review of this application is that the property is zoned Office Professional, and a hair salon is not permitted in that zone. The Staff Report Case No. CUP 13-127 Dishwater Blonde Page 2 of 9 May 21 , 2013 CUP is required to evaluate parking since the property is not zoned commercial. Staff conducted a parking survey and found that this project would have a minimal impact to the surrounding businesses during the proposed operating hours. Public Hearing notices were mailed to parties who own property within 300 feet of the subject parcel and placed in The Desert Sun. No letters or comments were received in favor of or opposition to the proposed use as of the writing of this report. Background A. Property Location: The property is located on the east side of Monterey Avenue, south of Fred Waring Drive, and north of San Gorgonio Way. The proposed use is within an existing center with two office buildings. The site is designed with one 24-foot wide shared driveway off of Monterey Avenue. On November 13, 1997, the City Council approved Precise Plan 97-13 allowing the construction of a 1 ,975-square-foot office building located at 44-650 Monterey Avenue. Currently two tenants occupy the building: CB Wealth Management Group and Rose Mortuary Cremations & Burials. On December 2, 2003, the City Council approved Precise Plan 03-16 and Variance 03-03 to construct a 6,192-square-foot, two-story office building with a side yard setback reduction to zero, and a parking lot on the R-1 zoned portion of the property. The rear area of the site is zoned R-1 , Residential Single Family and was added to the project through Parcel Map Waiver No. 01-19. The purpose of the parcel map waiver was to provide additional parking for the office buildings. Currently The Hearing Aid Health Center occupies the entire first floor, which is 3,506 square feet. The proposed hair salon would occupy the remainder of the building, which is the second floor. B. Zoning and General Plan Designation: Zone: O.P., Office Professional and R-1 , Residential Single Family General Plan: C—OP, Office Professional G:\Planning\Kevin Swartz\Word\CUP'S\CUP 13-127 Hair Salon\Staff Report Hair Salon.doc Staff Report Case No. CUP 13-127 Dishwater Blonde Page 3 of 9 May 21 , 2013 C. Adjacent Zoning and Land Use: North: R-1 , N, SO — Residential Single Family, Senior Overlay / Atria Hacienda Senior Care Facility South: O.P. — Office Professional / Office Buildings East: R-1 — Single Family Residential / Single-Family Homes West: PC 3, S.P. — Planned Commercial, Scenic Preservation / Westfield Mall Project Description The applicant is requesting consideration of a Conditional Use Permit (CUP) to operate a small upscale hair salon in an Office Professional zone. The hair salon would occupy the second floor which is 2,686 square feet within a 6,192-square-foot building. The hair salon focuses on coloring and cutting of hair, and operates by hourly appointments. There would be five licensed cosmetologists who are independent contractors who operate on full-time or part-time schedules. The hours of operation are flexible, between the hours of 9:00 a.m. and 6:00 p.m. seven days a week. Each independent stylist works an average of eight hours a day four to five days a week, averaging six to seven clients per day. The typical session schedule would be between one and two hour hair sessions. The hair salon is a self-serving network that does not accept walk-ins. The facility has an open floor plan with five double-sided hair stations, four shampoo reclining bowl stations, bathrooms, waiting area, cashier station, changing room (for employees only), and a break room. A floor plan of the proposed space layout for the use is attached in the exhibits. Analysis Each zoning designation has permitted uses and conditional uses. Conditional uses in each zone require consideration by the Planning Commission to assure that there is adequate parking and land use compatibility with surrounding properties. The property is located in the O.P. zone, in which a hair salon is not listed as a permitted or conditional use. However, the purpose of the O.P. zone is to classify and set standards for those businesses, offices, administrative or professional land uses which by nature are of relative low intensity, and are compatible with the adjacent residential zoning. G:\Planning\Kevin Swartz\Word\CUP'S\CUP 13-127 Hair Salon\Staff Report Hair Salon.doc Staff Report Case No. CUP 13-127 Dishwater Blonde Page 4 of 9 May 21, 2013 Staff also accepted the application per Chapter 25.72 Conditional Uses Section 25.72.040 Hearing responsibility, which states "all conditional use permit applications required by the regulations of this chapter shall be heard, and a determination shall be made by the Planning Commission." A. Land Use Compatibility: The proposed project is located within an existing 6,192-square-foot office building. The subject site is designated C-OP (Office Professional) on the City General Plan land use map and O.P. (Office Professional) / R-1 (Residential Single Family) on the Zoning land use map. The O.P. zone is to classify and set standards for businesses, 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 office complex also has a reciprocal parking agreement with the adjacent office building. Surrounding land uses include office, commercial, and single-family homes to the north and east. The proposed hair salon is well suited for the existing building and the location. The type of business conducted within a hair salon, including hours of operation, would not cause disturbance to the existing office use tenants and residential neighborhood. It appears as though the proposed use would be compatible with, and provide services for the occupants of the other office uses, as well as the adjacent residential community. B. Parking: The office complex provides 37 parking spaces. The project is located in the O.P. zone, which requires four parking spaces per 1 ,000 square feet. When the buildings were approved, the projects required 34 parking spaces. The site maintains three additional parking spaces, which provides flexibility for other types of businesses that may require additional parking. The vacant suite for the proposed hair salon is allocated 11 parking spaces per the tenant lease. The 11 parking spaces are sufficient during the proposed hours of operation since the project was designed with shared parking. G:\Planning\Kevin Swartz\Word\CUP'S\CUP 13-127 Hair Salon\Staff Report Hair Salon.doc Staff Report Case No. CUP 13-127 Dishwater Blonde Page 5 of 9 May 21 , 2013 The table below describes the availability of parking during all hours from Saturday, May 4, 2013 to Friday, May 10, 2013. Date Time Occupied Vacant Spaces Spaces Sat. May 4 9:00 AM 2 35 Sat. May 4 2:00 PM 0 37 Sun. May 5 1 :00 PM 0 37 Sun. May 5 5:00 PM 0 37 Mon. May 6 10:00 AM 14 23 Mon. May 6 5:30 PM 0 37 Tues. May 7 11:00 AM 12 25 Tues. May 7 1 :15 PM 15 22 Wed. May 8 10:00 AM 10 30 Wed. May 8 4:00 PM 3 34 Thur. May 9 11:30 AM 16 21 Thur. May 9 5:15 PM 2 35 Fri. May 10 9:30 AM 10 27 Fri. May 10 3:30 PM 5 32 Average 6 30 Available Spaces The parking study concluded that an average of 30 parking spaces would be available during the proposed business hours when the hair salon would be open. The evening and weekend hours of the proposed use would not pose a parking problem since the adjacent businesses close at 5:00 p.m. Monday through Friday, and are closed on the weekends. The study indicates that there will be adequate parking available throughout the parking lot. G:\Planning\Kevin Swartz\Word\CUP'S\CUP 13-127 Hair Salon\Staff Report Hair Salon.doc Staff Report Case No. CUP 13-127 Dishwater Blonde Page 6 of 9 May 21 , 2013 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 project is located in an O.P., Office Professional zone. The purpose the Office Professional 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 Office Professional zone allows general offices, medical offices, and laboratories (medical and dental) under permitted uses. The Office Professional zone also allows as a Conditional Use Permit professional schools, business schools, art galleries, art studios, financial institutions, commercial parking, churches, residential dwelling above the first floor, and ancillary commercial uses as long as they do not exceed 25 percent of the office complex. Although the use of a hair salon does not fall under any of these uses, the purpose of Office Professional zone is to have professional land uses which by nature are of relative low intensity, and are compatible with the adjacent residential zoning. The type of business conducted at the proposed site is compatible with adjacent businesses and residents, and would have minimal impacts on parking, traffic, and noise. 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 project as a conditional use is consistent with the intent of the City's Zoning Ordinance as described above. The project will not physically divide an established office professional neighborhood. Based on consideration of the whole, the proposed project does not conflict with Chapter 25.25 Office Professional Zone within the Palm Desert Municipal Code in regards to land use. The salon would generate very little noise outside of the building, and its hours of operation are neither early in the G:\Planning\Kevin Swartz\Word\CUP'S\CUP 13-127 Hair Salon\Staff Report Hair Salon.doc Staff Report Case No. CUP 13-127 Dishwater Blonde Page 7 of 9 May 21 , 2013 morning nor late at night, so it will not be detrimental or injurious to the nearby residential properties. The site has been previously designed to meet setbacks, lot coverage, building height, land use, and parking requirements for office type uses. The proposed hair salon would not create a public nuisance in terms of noise and parking shortages, which would be detrimental to the public interest, health, safety, welfare, and materially injurious to properties in the vicinity as described in more detail in the staff report. 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 use of a hair salon is consistent with the intent of the City's Zoning Ordinance as described in the staff report. The nature of the proposed use is compatible with surrounding land uses, and operates during normal business hours and throughout the early evenings and weekends when the adjacent businesses are closed. The use supports the existing office professional businesses as well as the adjacent residents. There are no variances or adjustments 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. The Office Professional designation sets standards for businesses, offices, administrative or professional land uses, which are of low intensity, and are compatible with adjacent residential developments. The proposed hair salon would be an appropriate integration of neighborhood, since it is a low intensity business located within an office professional zone. Furthermore, the site is adjacent to a residential G:\Planning\Kevin Swartz\Word\CUP'S\CUP 13-127 Hair Salon\Staff Report Hair Salon.doc Staff Report Case No. CUP 13-127 Dishwater Blonde Page 8 of 9 May 21, 2013 neighborhood and the proposed use and hours of operation would not create added noise to disturb the neighborhood. Goal 2 of the Commercial Land Use Goals and Policies states "a pattern of commercial land uses conveniently and appropriately distributed throughout the City, meeting the community's needs while minimizing the disruption to or incompatibilities with other land uses." The proposed use would complement the other office professional businesses and the vicinity, since the nature of the business is of low intensity. The business would be an appropriate integration of neighborhood, residential-serving services within easy walking distance of homes to the north and east. Policy 3 of the Residential Land Use Goals and Policies states that the City shall encourage in-fill development on lands located adjacent to or near existing residential areas and utilities to maximize the efficient utilization of land and infrastructure. The proposed use is an in-fill project, since the building has already been constructed. There are existing residential properties to the north and east. 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 nature of the business and uses in the proposed location. Additionally, both office professional and salon businesses may prosper by being located adjacent to one another. G:\Planning\Kevin Swartz\Word\CUP's\CUP 13-127 Hair Salon\Staff Report Hair Salon.doc Staff Report Case No. CUP 13-127 Dishwater Blonde Page 9 of 9 May 21 , 2013 Environmental Review According to the California Environmental Quality Act (CEQA), staff must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. Further review from a non-exempt project would result in a Negative Declaration, a Mitigated Negative Declaration or an Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project may have a significant impact on the environment. In this case, the proposed project would be a Class 3: New Construction or Conversion of Small Structures (15303) Categorical Exemption for purposes of CEQA and no further review is necessary Submitted By: Kevin Swartz, Assistant Planner Department Head: L i Aylaia Director of Community D 1op cent G:\Planning\Kevin Swartz\Word\CUP'S\CUP 13-127 Hair Salon\Staff Report Hair Salon.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (CUP) TO OPERATE A 2,686-SQUARE-FOOT HAIR SALON WITHIN AN EXISTING 6,192-SQUARE-FOOT BUILDING LOCATED IN THE OFFICE PROFESSIONAL ZONE AT 44-630 MONTEREY AVENUE SUITES 200 AND 201 CASE NO: CUP 13-127 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of May 2013, hold a duly noticed public hearing to consider the request by Jennifer Anderholt for approval of the above noted; and WHEREAS, according to the California Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. Further review from a non-exempt project would result in a Negative Declaration, a Mitigated Negative Declaration or an Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project may have a significant impact on the environment. The said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2012-20, in the Director of Community Development has determined that the proposed project is a Class 3: New Construction or Conversion of Small Structures (15303) Categorical Exemption for purposes of CEQA and no further review is necessary; 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 approve the said request: Findings for 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 project is located in an O.P., Office Professional zone. The purpose the Office Professional 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. PLANNING COMMISSION RESOLUTION NO. 2603 The Office Professional zone allows general offices, medical offices, and laboratories (medical and dental) under permitted uses. The Office Professional zone also allows as a Conditional Use Permit professional schools, business schools, art galleries, art studios, financial institutions, commercial parking, churches, residential dwelling above the first floor, and ancillary commercial uses as long as they do not exceed 25 percent of the office complex. Although the use of a hair salon does not fall under any of these uses, the purpose of Office Professional zone is to have professional land uses which by nature are of relative low intensity, and are compatible with the adjacent residential zoning. The type of business conducted at the proposed site is compatible with adjacent businesses and residents, and would have minimal impacts on parking, traffic, and noise. 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 project as a conditional use is consistent with the intent of the City's Zoning Ordinance as described above. The project will not physically divide an established office professional neighborhood. Based on consideration of the whole, the proposed project does not conflict with Chapter 25.25 Office Professional Zone within the Palm Desert Municipal Code in regards to land use. The salon would generate very little noise outside of the building, and its hours of operation are neither early in the morning nor late at night, so it will not be detrimental or injurious to the nearby residential properties. The site has been previously designed to meet setbacks, lot coverage, building height, land use, and parking requirements for office type uses. The proposed hair salon would not create a public nuisance in terms of noise and parking shortages, which would be detrimental to the public interest, health, safety, welfare, and materially injurious to properties in the vicinity as described in more detail in the staff report. 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 use of a hair salon is consistent with the intent of the City's Zoning Ordinance as described in the staff report. The nature of the proposed use is compatible with surrounding land uses, and operates during normal business hours and throughout the early evenings and weekends when the adjacent businesses are closed. The use supports the existing office professional G:\Planning\Kevin Swartz\Word\CUP'S\CUP 13-127 Hair Salon\Final Res No 2603 Hair Salon.doc 2 PLANNING COMMISSION RESOLUTION NO. 2603 businesses as well as the adjacent residents. There are no variances or adjustments 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. The Office Professional designation sets standards for businesses, offices, administrative or professional land uses, which are of low intensity, and are compatible with adjacent residential developments. The proposed hair salon would be an appropriate integration of neighborhood, since it is a low intensity business located within an office professional zone. Furthermore, the site is adjacent to a residential neighborhood and the proposed use and hours of operation would not create added noise to disturb the neighborhood. Goal 2 of the Commercial Land Use Goals and Policies states "a pattern of commercial land uses conveniently and appropriately distributed throughout the City, meeting the community's needs while minimizing the disruption to or incompatibilities with other land uses." The proposed use would complement the other office professional businesses and the vicinity, since the nature of the business is of low intensity. The business would be an appropriate integration of neighborhood, residential-serving services within easy walking distance of homes to the north and east. Policy 3 of the Residential Land Use Goals and Policies states that the City shall encourage in-fill development on lands located adjacent to or near existing residential areas and utilities to maximize the efficient utilization of land and infrastructure. The proposed use is an in-fill project, since the building has already been constructed. There are existing residential properties to the north and east. 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 nature of the business and uses in the G:\Planning\Kevin Swartz\Word\CUP'S\CUP 13-127 Hair Salon\Final Res No 2603 Hair Salon.doc 3 PLANNING COMMISSION RESOLUTION NO. 2603 proposed location. Additionally, both office professional and salon businesses may prosper by being located adjacent to one another. 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 Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of CUP 13- 127, subject to conditions. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 21st day of May 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: NANCY DELUNA, CHAIRPERSON ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION G:\Planning\Kevin Swartz\Word\CUP's\CUP 13-127 Hair Salon\Final Res No 2603 Hair Salon.doc 4 PLANNING COMMISSION RESOLUTION NO. 2603 CONDITIONS OF APPROVAL CASE NO: CUP 13-127 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. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 3. 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: Coachella Valley Water District City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 4. All conditions of approval shall be recorded with the Riverside County Clerk's office before any building permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning. 5. Applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with counsel chosen by the city at applicant's expense. 6. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. 7. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals by the Public Works Department. 8. The hours of operation are from 9:00 a.m. to 6:00 p.m. Monday through Sunday. 9. The Hair Salon shall have a maximum of five employees working at one time. 10.The Hair Salon will occupy no more than 2,686 square feet. G:\Planning\Kevin Swartz\Word\CUP'S\CUP 13-127 Hair Salon\Final Res No 2603 Hair Salon.doc 5 PLANNING COMMISSION RESOLUTION NO. 2603 11 .This project shall comply with the latest adopted edition of the following codes: A. 2010 California Building Code and its appendices and standards. B. 2010 California Plumbing Code and its appendices and standards. C. 2010 California Mechanical Code and its appendices and standards. D. 2010 California Electrical Code. E. 2010 California Energy Code. F. 2010 California Green Building Standards Code G. Title 24, California Code of Regulations. H. 2010 California Fire Code and its appendices and standards. 12.An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1217. 13.A disabled access overlay of the site plan is required to be submitted to the Dept of Building and Safety for plan review of the site accessibility requirements as per 2010 CBC Chapters 11 A & B (as applicable) and Chapter 10. 14.All exits must provide an accessible path of travel to the public way. (CBC 1024.6 & 1127B.1) 15.Detectable warnings shall be provided where required per CBC 1133B.8 and 1127B.5 (7). The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. 16. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Dept of Building and Safety. 17.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. 18.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. 19.Address numerals shall comply with Palm Desert Ordinance No. 1217 (Palm Desert Municipal Code 15.15. Compliance with Ordinance 1217 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. You may request a copy of Ordinance 1217 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. G:\Planning\Kevin Swartz\Word\CUP'S\CUP 13-127 Hair Salon\Final Res No 2603 Hair Salon.doc 6 �- CITY OF PIILFI OF5ER ay .'h\,, 73-510 FRED WARING DRIVE •I PALM DESERT,CALIFORNIA 92260-2578 ' e, TEL:760 346-0611 '.1Zf �9�y4'',,r FAX:760 341-7098 is i n fo(P paIm-desert.org \\. CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 13-127 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert ` Planning Commission to consider a request by Jennifer Anderholt for consideration of a Conditional Use Permit to allow a 2,686-square-foot hair salon within an 8,128-square- foot office building located at 44-630 Monterey Avenue. 4. 1 a 4 °,to, P'FF' 9f k� A § er 1 1� 1 Y 1u $ .59 f I Y _ 4il x 4 ,....4.-vi, ',,,,'-','14(44- : .... ..,7( • ' " -- ' , f_ '1": li ' 1 " r".Fil # ' S„ 1 P 11 r. e?';' f ... •Y4 A'P r x 'y" a :+i ems. ar a ` �4� aahe �a� � ' x ,raF s f I 7, o ` E, •"x, '21 74,let y' . a - r � ? . v t }' r s :: rod � H ;, sa4 hliww� r1 W.,;'1,1:14? 'f^,""1 '�xt', ,I +iaAN.`Ira ok e1e� nfi i •z76 �rPi � fit' #,f non�li aN���ar „,Y a' � \F iNn, ;' ant4t . 7 i used ,0F' H ,,,- t aa' '' : ' ' PIQr• Obl� x►APEI'qq PN tl •�l'1'1+ 1 "illr,a I .. 416, ^� 44 4 .�arao -. a 4a '; u.:N!' .q, r ' / A !" s, 'r ik r s _ i. , r ��x rN � ' ,„_,vta l,,,„ ,. .,,,HPN ,, ' , 4 y Mg 3re. ,,g,r I T i W ...i. e„ ` � , — 4-+,:. 1. .;i1 ✓ i.�', Now SAID public hearing will be held on Tuesday, May 21, 2013 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 qt 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 10, 2013 Palm Desert Planning Commission 1 dishwater blonde Jennifer Anderholt/Owner Lowell Elg/Owner Dishwater Blonde, LLC 44630 Monterey Avenue, Suite 200 Palm Desert, CA 92260 It is our intention to provide you with our plans to build a small, upscale hair salon for the use of designir coloring and cutting hair.We operate on an individual established clientele,with hourly appointments or and we maintain a yearly business from a local clientele base. Our co-workers are independent contractors and pay us a monthly rent.We are 4 to 5 licensed cosmetologists,whom operate on a full time or part time schedule. Our hours of operation are flexible,between the hours of 9:00 AM to 6:00 PM,with the exception of most Sunday& Mondays as days of cleaning and maintaining the salon. Each contractor works an average of 8 hours a day with an average of 1 to 1 Y2 hours per appointment(there is an average of 6 to 7 clients in the salon at the same time). Most of us work only 4 days a week and we may work 5 days during holidays and special occasions. Our landlord,Jeannette Hait, has the bottom floor for her Hearing Aid business and is closed on Saturday&Sundays. We will not be taking walk- in clients,as we have no need to advertise or promote our services.We are self serving through our own network. Our goal is to have a professional and quiet environment for our clientele and for them to enjoy their hair services in a timely manner. We have double sided stations for overflow and color processing.The shampoo bowl area has 4 reclining bowls for each stylist and client. Efficiency is very important to our clients as well as anonymity. We will provide only hair services and have no desire to be a full service salon. A II i I .Jr :• I 1 I *o ..... .Il4tl,+'mow_ .r ,1' 'T•y 1y: r ,. .1 r i� ,� 111 r .. 1 a 1 iliti• li..*-l''''''2 !:/' t''' r.; . : E, . . ...,, . : , A .. . -1.1.' k r ,► is . 1- ," as APN -,: f,.1".4,!,1 1 'Y1r� ?.:. 'I;1 ,1 A r; i „ . 9Ir 4 JYi 'Tr " I rai I , / , . APN: " ,+6•_.i55 i • .Y•. T' 1 1', `_061018/ . 'klok#ye# 4•A30 � ,'# 1 J duse#: 0 ` !t r, I } ,q _ �; . fat t. 11F 'j t 12 t 4 N 6 i.i0 „ • 1x$N: 62706s,,., APN`627062006 . " '' ' l. us � �y ,. ' • * " r WZ7.I , 0 :;n.'4,: 62`61 ,1 dj fit 706.1 4..'4'„ : 62,'!,. '1*1, I '=!'N: . 1'Y' :I;:i 4' et x:4:471 iJ- 1. Houset ..x '1 .e.,. ,,;< , cud :,,,, E ALI oti"e• 44741 , ''" Imili ' N: 1 *'p0 �,'N. 627# Y i � '<62 t 1kE>. A x. .-V 4 R ., me*: w iteous .t l y 1! x r�J -sue r� -.t 1✓ . ,r„,:if t 4 , , , ..., , , ..,- ,44, • �...... ..ti , ' '{"' 1 11::, PN: 62 707•2 00 5 i s ;. 1. 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PM ,aPA •r wrr J. m- s ,W.MAMMA :Van MINOR, Y i / 6 I 2OE0 GAUPORNIA PLVr.EtNO cove n VAL 18 17 16 15 14 13 12 11 10 9 8 7 ( MY , 'M MIPAMS ....y•... ..,.• +...,ec.....n fb ,..r.A.ra..... _ mws�*awcK .wwme. = ro . was .swc `µLAVA....Rwwm MIMMIIMI...7 Oa.][1ei00 M1 finer -.EXISTING SITE PLAN UA,.v,•.r-e. ROOM FINISH SCHEDULE (I E\E .AL. \O?•ES e .! el ROOM n CEILIN M. RDMK6 1 Jlaw+..•D�H 0.4i MO CO O'OM1 ON M NI!NO O (6} uyS 1 2 6}�jp' 4pY ( ( AN, Ac to�eu+t v AM.DRGKPwKR•Rana it'A.•rn1• V V i 2 ® 1 1 1 1 I 1 42C✓NN*4 O.AiL IMA Mr*ni NTH MIAOW T•2•Qdth.GOMIKAGTOR SMALL•O••OIO•NIL //'•��11 �}^- .5,15, •0 TO AM,!%ACT Lw M.COIORiM. s 0•'IA�0•0 AR MOOR,AGE Of SRO TO PM.O.OTO I W4ITINO 1 AMA I O - - M r r I 'If 1 �' I ( ' 1.0 A.G.v GAR TO...SO.OW.OOMM4AOTOR TO VER.,- O 2 MAIMS-MIND AREA .._ r-.._ I-- -_ --- I f I -- Ni O�YMMQR.00R TO*TAW O.OOM♦MMKb01. r -`-. 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CI ir Ramat EAA•MLE atv .Q at i •Z O I O i p �� •i I '..00R PLAN KEY NOTES J 6 Q CRAM ileii Ii Q rs flI' g. 2M•6 ii�I 22. 6• , LI 7�Io•A6.OI.Mr.+mCP/ReT rNTOI MCAltw wC+ee nx W p gar I• RE)b MLeC M6Vdw.e\2424.0 1.2 2=4 AND 1y <U Y- MATERIALS LEGEND 0 rz) ,.......APIA' DR..RAK. i oARGawetwocm.6AMER W a O ITEM Si ITEM s I o , , ICI Q2A•om..tn.L.c a...•e+5 w,Ao-.ar.ne se-mt Q 1 Q IL jy s •• ..�. ♦• Eli ir,erAGRA S.e.APTIEuaR.I. 3 2ewiles 1 I 22 d - f� G q 2••OOP PARR,G.w1E.OR 0.00.•.GLL.4',Le Nags R. PLDOR WALLS SI -A^SPAL s•• G Q Awwa+m 40*Svc.-A.rr �_.: 6 i TRAITIG MA$TER N.UAIE VINYL 25 5/6•'TIRE RATED OTT DRD. .- . -- _ 11 / / !1 QE•m♦T^•e 20o............... PLANK 5I.A0letw 3 //Oc•ISIs D 5-0•-e. 45 AA.,Arr wve GENATER-v 26 sae'WATER RERI6TANT 61T.ERD. i _ 7 2T ETa6nNR A•SI1b L nLA1R OAK � !�9 •'-2 x s.-4•4 0.1210 ro4 Gro+.e- E 26 [x1ETINe S/D'.IRE 1•AIEA 6•^A.SRO 4.5 • .� Ill M =00_ 101 =IMP •nags ^' '� ' I 4 o "'ROJEG '✓.A'A $ASE/WAINSGOTT GEILIN65 4lemry-•• l0 6'VINYL EARL 56 CRETINS s/6-•IR GE RAT ®Y-DWO - ' /Ilk < -- %f//1//1, n •Rr ER94 ovde s/D'4.1. sb OPEN To RAA• } gra i1 CA sT0,41 * OWNER: �2 SI 1 2'X2'AG0%CTIGAL TILE I`•.y, - a + -`' sow+TE Boa GONTRAG'OR: ..�� T•e caaTR.cno4 ZONE 0 CLAIM. - O 5!r)I 1 `\y GMARLES T05011 Sr• I p • L ]� .• 05b u�04 9 9 C m Q k �1 --- _ t1D10 GA.43oi U • --^Q ; ; Q c+nwer TENANT- 0.0 e1+Aa cn+s.•e•.°-'- 0 qo0> DOOR SCHEDULE 2�•R ili 2"E Lk 1 © � - AP a...ee El 14:442.1. Y , = R• °� �L�r3t u i PROPERTY ADvi¢E55: 22"v 1VN2051 O•DSNS •ILAM• OErhfU i REMARKS ' MO Ste•; ❑ :I 14' r- f ..-♦5O MGMRIR.AVE,6 e.200 ��//�� m it MOTG h .ALM De50Ri GA V2.0 V J Iu I i a e .Ewrr ALL coon•ROOT pMD15nrR a T'�} fAGw54M 4.m' LEGAL DESGRI*'TION: r• 7 U r dos LATE M OS OI.ORIIW OR Mw.•AGS.4.•0 �' /LRRIMR MW.N R •••sT N 0•o t1 2 4 .: ..r.e.. :'+•. ..ar""a•" y /�roR sw+aa aax LOT I•w..1A WY T.as.s 2w ox ARP 02,06.0110 OCCUPANCY-'von o S54.1540 Y I i i i Y I ti..R.r,.a• ...w, yx' 2 sAGVM•M BUILDING DATA: s or:6arANcr 0 W a 1 g i 1 .4 1, ..1. i 1 .•I2Tu11r 111.•r V.o... .. �• MST ♦ MST FLOOR WPM=•5A42loP 6n pp!! Qp1I Qp 2•10 SOP. I. I A •e/•9'.016M se e - -6A R6•S MO , .RG•.A••GAL/.•Yr. • 2 PROMO O.OIMS F♦TN GSRTAN{ t\}, S s -as?,ei'o•Mc • w. DI Ot,Dt at,A MO 7 +"'��\. I. 0 e.G4,w» ( p..xw« rarAL LOT AREA •OR.6 SEPT.OR°AO ALM %///////. 4 `j c .2R. i T fi of eR.ose cove.Aec .5!M wP.as gas �� - DOOR TYPES 1f' D .AID N• ea6rJSO.s.r.GL51affi11050 :\ 25 s.AGes Fwc e MN Y• f a n df1D146�a e%RTSM TY•e v-6 YW.r.MR eFl!'MSLSD P e ....4Pii --F.,. ���� ALLOWABLE AREA 44°1- i S OCCIOANGY ALLOWMPLE ME.4000 Sl.•SOON iZ Er 51uQLme 1•NR sRRttml.roro 5OP rtAeLe yes.Sec.5G•aI 7MwiER DOOR' •0LO GaR slalwaw wore \‘‘ .•AM' Yxs.• �; •0LO COW SRAM RUDE 42.1.4 4 GORE .g1.MR FD..•5R aGGVAMT LARD TABLE Oak.; STAN MAD! RANT SR•ER OA 6 G -.." -4F-=• I-_---10 1 E•000Y•A1KT �fi O O O *=�='y' ',...V !♦,y. WO,eMAM_2M6•6P./OP•2♦M Cl 27 OCOPANTS l 0 .._.� I \ s4 4. TABLE 1016.2.I SPACES WITH TWo EXITS Olt EXIT y?1 u i_ I I \\\\:____4/ �r%''.I AGGEs DOORWAYS,TABLE 1004.1,4 TABLE IO]I.7 V Il DOOR HARDWARE SCHEDULE s I , 1 rl \ I I Y LOAD I, D., ,•24 ANS SEGO°ROOK 54s. •SP142.1 OGQ•Mc LGAO•T•24 I MT Ke0MM 2 ERfe•1.DVOeo 5T "BARN DOOR MARDW - •ROU••2 AI+OLDMY OOOIM• -s0Aw5wo• T*04*1 0 000R KARPVAI! #�•OLDIw 000*M•/OYNRE DV POOR MAN+AGTLRIt ` 2010 CALIFORNIA I'LUMBIN6 GORE -A602'WAMDAI.D IC 161R• ✓tea TAM.4.1 MERE A 4100.0 IS-OGGLS'ANG. 200 x5Ul T'SALON-2.06 MOTMOT1 20D 5055••IS.OCCUPANTS T MAL0 OGGI.►A05 I I TOTAL•OA OR 14/2• I .ALE OGC1PANR 9 FE illfrFLOOR PLAN COSMETC1.0411CAL PATRGLOW LANK . t_ E•rA6101.OII .TALL 1eaaL w..e _.,.eP a •GKb W'•T•0' WAIF 1..-14 a.. I MATea CLOSET.LAVATatY memo= 2...ATM GaRETTS I oAVATO*t D*0v D