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HomeMy WebLinkAboutRes No 1939PLANNING COMMISSION RESOLUTION NO. 1939 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE A 562 SQUARE FOOT MASSAGE ESTABLISHMENT, LOCATED THE C-1 ZONE AT 73-925 HIGHWAY 111 #D. CASE NO. CUP 99-9 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21 st day of September, 1999, hold a duly noticed public hearing to consider the request of QI HONG YANG for the above mentioned use; 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. 97-18," in that the Director of Community Development has determined that the project is a Class 3 Categorical Exemption for purposes of CEQA and no further documentation 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 justify the granting of said conditional use permit: 1. That the proposed location of the conditional use is in accord with the objectives of the zoning ordinance and the purpose of the district in which the site is located. 2. That the proposed location of the conditional use 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 or improvements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance, except for approved variances or adjustments. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's adopted General Plan. 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. PLANNING COMMISSION RESOLUTION NO. 1939 2. That approval of Conditional Use Permit 99-9 is hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21 st day of September, 1999, by the following vote, to wit: AYES: BEATY, CAMPBELL, FINERTY, LOPEZ, JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, ecretary Palm Desert Planning Commission C SABBY JONAT AN, Chairman 2 PLANNING COMMISSION RESOLUTION NO. 1939 CONDITIONS OF APPROVAL CASE NO. CUP 99-9 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise, said approval shall become null, void and of no effect whatsoever. 3. 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. 4. Applicant must obtain all clearances, permits or licenses as required by the City's Municipal Code including, but not limited to Ordinance No. 870 Massage Establishment, before the conditional use is deemed valid. 5. 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 Building and Safety Department 6. The massage/health establishment shall be limited to a maximum of 562 square feet and 2 employees including the applicant. 3