HomeMy WebLinkAboutRes No 2493PLANNING COMMISSION RESOLUTION NO. 2493
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
ALLOW "AC MASSAGE THERAPY" IN A 780 SQUARE FOOT LEASED SPACE.
THE PROPERTY IS LOCATED AT 72-855 FRED WARING DRIVE, SUITE C-16.
CASE NO. CUP 08-433
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
16th day of December, 2008, hold a duly noticed public hearing to consider the request by "AC
Massage Therapy" 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 is in an O.P. zone and is in accordance with the purpose
and objectives of the zone. The Office Professional zone allows for general,
medical, and laboratory offices. The purpose of this zone is to classify and set
standards for businesses, offices, administrative or professional uses which are
of relatively low intensity and, and are compatible with adjacent residential
zoning and development therein.
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 "AC Massage Therapy" business will meet all applicable
requirements of the Zoning Ordinance and will not be detrimental to general public
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 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.
PLANNING COMMISSION RESOLUTION NO. 2493
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".
Both primary objectives stated in the Land Use Element of the General Plan
under Commercial Goals, Policies and Programs are Goals 1 and 2, which provide
for an integrated and complementary mix of commercial land uses that meet the
day-to-day needs of local residents and respectively, to provide a pattern of
conveniently and appropriately distributed commercial land uses that meet the
community's needs while minimizing the disruption with other land uses. Policy 1
of the General Plan Land Use Element is to provide a full range of conveniently
located convenience, neighborhood, regional, and tourist commercial services to
the residents and visitors of the community. Program 1A of the General Plan Land
Use Element is to assure this full range of commercial uses support the needs of
the community and local economy in a manner consistent with economic
opportunities.
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
because the project proposes an office professional use, which is compatible with
the existing uses within the surrounding area.
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 08-433 is hereby granted, subject to
conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16th day of December, 2008, by the following vote, to wit:
AYES: CAMPBELL, CAMPBELL, LIMONT, SCHMIDT, TANNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secreta
Palm Desert Planning Commission
VAN G. TANNER, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2493
CONDITIONS OF APPROVAL
CASE NO. CUP 08-433
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:
Coachella Valley Water District
City Fire Marshal
Building and Safety Department
All other agencies having jurisdiction
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 AC Massage Therapy shall be conducted from 9:00 a.m.
to 9:00 p.m., Monday through Sunday.
5. AC Massage Therapy shall have a maximum of three employees.
6. AC Massage will lease a maximum of 780 square feet.
7. The applicant must construct any necessary on -site infrastructures to provide
utilities to the proposed project prior to the issuance of building permits.
8. 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.
9. 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 permit is deemed valid.
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