HomeMy WebLinkAboutRes No 2202PLANNING COMMISSION RESOLUTION NO. 2202
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A MASSAGE ROOM
AS PART OF A RETAIL ESTABLISHMENT SELLING SKIN CARE
AND MAKE-UP PRODUCTS AND CONTAINING ONE VERTICAL
TANNING BOOTH LOCATED AT 77-920 COUNTRY CLUB
DRIVE, SUITES 606 & 607.
CASE NO. CUP 03-05
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
20th day of May, 2003 hold a duly noticed public hearing to consider the request by DR.
WENDY ROBERTS; for the above noted conditional use permit; 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. 02-60, in that the Director of Community Development has determined that the project is a
Class 1 (Existing Facilities) 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:
FINDINGS FOR APPROVAL OF A 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 it is
located.
• The proposed business is permitted in the PC-(2),FCOZ zone with approval of
a conditional use permit by the Planning Commission.
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 business use is compatible with the surrounding businesses and
will not be detrimental to the general public health, safety and welfare or
materially injurious to the properties 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.
PLANNING COMMISSION RESOLUTION NO. 2202
• The conditional use permit as conditioned will comply with the zoning
requirements for that district.
4. That the proposed conditional use complies with the goals, objectives
and policies of the City's General Plan.
• The proposed business use is compatible with other surrounding uses
and meets all of the City's goals, objectives and policies of the 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.
2. That approval of Conditional Use Permit 03-05 is hereby granted for reasons
subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on the 20th day of May 2003, by the following vote, to wit:
AYES: FINERTY, JONATHAN, LOPEZ, TSCHOPP, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL,ecretary
Palm Desert Planning Commission
SONIA CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2202
CONDITIONS OF APPROVAL
CASE NO. CUP 03-05
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file to the
department of community development/planning, as modified by the following
conditions.
2. Construction / operation 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. 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:
Fire Marshal
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.
5. The applicant shall apply for a business license with the City's Finance Department for
the subject business. A valid business license shall be maintained at all times during
the operation of the subject business.
Fire Department:
1. With respect to the conditions of approval regarding the above referenced project, the
fire department recommends the following fire protection measures be provided in
accordance with City Municipal Code, NFPA, UFC, and UBC or any recognized Fire
Protection Standards:
The Fire Department is required to set a minimum fire flow for the remodel or
construction of all buildings per UFC article 87.
2. All buildings shall have illuminated addresses of a size approved by the city.
3. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained within twelve months.
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PLANNING COMMISSION RESOLUTION NO. 2202
4. The applicant shall provide information to Fire Marshal's office regarding whether the
building is fire sprinklered. If the building has a sprinkler monitoring system, the
applicant will be required to bring the system up to NFPA (72) standards.
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