HomeMy WebLinkAboutRes No 2498PLANNING COMMISSION RESOLUTION NO. 2498
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW THE USE OF A MASSAGE ESTABLISHMENT IN A
750 SQUARE FOOT LEASED SPACE. THE PROPERTY IS LOCATED AT
77-750 COUNTRY CLUB DRIVE, SUITE E.
CASE NO. CUP 09-126
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 21st day of April, 2009, hold a duly noticed public hearing to consider the request
by Qixing Petrovich 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 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 a service industrial zone. Although the
proposed use is not service oriented, the type of business conducted at
the proposed site is minimal during adjacent business hours and would
have minimal impacts on parking. The massage establishment has two
employees and will have five clients per day. The business starts at
10:OOam and closes at 7:OOpm when most service businesses are closed.
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 massage establishment 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.
PLANNING COMMISSION RESOLUTION NO. 2498
The proposed use is consistent with the intent of the Zoning Ordinance
since it operates at hours that are typically opposite of business in the
area. This promotes a mixed, efficient use of the site within the Service
Industrial zone.
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 "Industrial / Business
Park (I-B.P.)" A primary objective stated in the Land Use Element of the
General Plan under Industrial Goals, Policies and Programs is Goal 1,
which provides for the development of business parks and non-polluting
industrial uses, and which assure compatible integration with other, non-
industrial land uses. Policy 6B of the General Plan Land Use Element is to
review all business park / industrial development proposals with a special
regard for public health and safety issues to ensure that the type and
intensity of the use is appropriate for the proposed location and comparative
with surrounding land uses.
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 proposed location, the
business is compatible with surrounding land uses, and the proposed hours
of use would effectively use this center at a time when most businesses are
closed.
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 09-126 is hereby granted, subject
to conditions attached.
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PLANNING COMMISSION RESOLUTION NO. 2498
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 21st day of April, 2009, by the following vote, to wit:
AYES: CAMPBELL, DeLUNA, SCHMIDT, TANNER
NOES: NONE
ABSENT: LIMONT
ABSTAIN: NONE
ATTEST:
TONY BAGATO, Acting Secretary
Palm Desert Planning Commission
VAN G. TANNER, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2498
CONDITIONS OF APPROVAL
CASE NO. CUP 09-126
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:
City Fire Marshal
Building and Safety 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.
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 the massage establishment shall be conducted from 10:00
a.m. to 7:00 p.m., Monday through Saturday.
5. Massage Establishment shall have a maximum of two employees.
6. Massage Establishment will lease a maximum of 750 square feet.
7. 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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