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HomeMy WebLinkAboutRes No 2403PLANNING COMMISSION RESOLUTION NO. 2403 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A MASSAGE . BUSINESS WITHIN AN EXISTING COMMERCIAL SUITE LOCATED AT 73-330 EL PASEO, SUITE D. CASE NO. CUP 06-06 IIMINI WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of July, 2006, hold a duly noticed public hearing to consider the request by LING LING WANG 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 Califomia Environmental Quality Act", Resolution No. 06-78, in that the Director of Community Development has determined that the project is a Class 1 categorical exemption per Section 15301 (Existing Facilities) of CEQA Guidelines 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 proposed business is permitted with approval of conditional use permit by the Planning Commission. 2. That 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. 3. That the conditional use permit as conditioned will comply with the zoning requirements for that district. 4. 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 06-06 is hereby granted for reasons subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. 2403 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of July, 2006, by the following vote, to wit: AYES: CAMPBELL, FINERTY, TANNER, TSCHOPP, LOPEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 2403 CONDITIONS OF APPROVAL CASE NO. CUP 06-06 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. The applicant is limited to three massagists and one receptionist at this location. Any additional employees will require an amendment to this Conditional Use Permit. 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 Palm Desert Police 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. 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. Building & Safety Department: 1. Project must conform to the following reference codes: 2001 CALIFORNIA BUILDING CODE (Based on 1997 UBC) 2001 CALIFORNIA MECHANICAL CODE (Based on 2000 UMC) 2001 CALIFORNIA PLUMBING CODE (Based on 2000 UPC) 2004 CALIFORNIA ELECTRICAL CODE (Based on 2002 NEC) 2005 CALIFORNIA ENERGY CODE 2001 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2001 CALIFORNIA FIRE CODE 2. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 3 PLANNING COMMISSION RESOLUTION NO. 2403 3. All contractors and/or owner -builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 4. Address numerals (including suite identification) shall comply with Palm Desert Ordinance No. 1006. You may request a copy of the Ordinance at the Building Department. Fire Department: 1. Prior to opening, the applicant shall contact the Fire Marshall's office to schedule an appointment for a fire Life Safety inspection. The applicant and the contractor must be present at the time of inspection. The applicant shall also submit a tenant improvement plan for review and approval to the Fire Department prior to opening. 2. It is prohibited to use/process or store any materials in this occupancy that would classify it as "h" occupancy per Sec. 307 of the CBC. 3. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Fire Marshal's Office for submittal requirements. 4. Applicant/Developer shall be responsible for installing a fire alarm system. Plans must be submitted to the Fire Marshall's Office prior to installation. 5. Shelving, counters, etc. must be in place; however, no merchandise may be placed in the building prior to inspection. 6. A minimum 2A1OBC Fire Extinguisher (State Fire Marshal Approved) must be mounted in a visible location within 75' walking distance from any point in your building or suite. Fire extinguishers can be installed by a licensed company with a State Fire Marshall service tag attached to the extinguisher, or purchased separately from a retail store with a sales receipt attached. A licensed company must service extinguishers yearly. All electrical breakers must be labeled, having a clearance of not less than 36 inches and must be maintained around the panel at all times. 7 A durable sign stating "This Door to Remain Unlocked Whenever the Building is Occupied" shall be placed on or adjacent to the front exit doors. The sign shall be in letters not less than one inch high on a contrasting background. II All questions regarding the meaning of these conditions should be referred to the Palm Desert Fire Marshal's Office at (760) 346-1870, located at 73-710 Fred Waring Drive, Suite 102, Palm Desert, CA 92260. 4