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HomeMy WebLinkAboutRes No 2499PLANNING COMMISSION RESOLUTION NO. 2499 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 1,500 SQUARE FOOT LEASED SPACE. THE PROPERTY IS LOCATED AT 73-280 HIGHWAY 111, SUITE 101. CASE NO. CUP 09-127 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 Su Ying 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 C-1 zone and is in accordance with the purpose and objectives of the zone. The zone allows for retail, personal services, and general and medical offices. The purpose of this zone is to classify and set standards for retail businesses, offices, administrative or professional uses which are of relatively low intensity and which 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 "Spa 111 Massage" 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. PLANNING COMMISSION RESOLUTION NO. 2499 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. 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 "Community Commercial (C-C)". One of the primary objectives stated in the Land Use Element of the General Plan is the City is also home to a wide variety of small chain and independent retailers, including "mom and pop" stores that have been successful despite the competition from larger retailers. The project furthers the objectives and policies of the General Plan and is compatible with the general land uses as specified in the General Plan. A primary objective stated in the Land Use Element of the General Plan under Commercial Goals, Policies and Programs is Goal 1 an integrated and complementary mix of commercial land uses that meet the day-to-day needs of local residents. Policy 1 of the General Plan Land Use Element indicates sufficient lands shall be designated to provide a full range of conveniently located convenience, neighborhood, regional and tourist commercial services to the residents and visitors of the community and surrounding areas for present and future years. This project maintains a land use that is consistent with the goal and policy of the General Plan. The project is consistent with the General Plan because the project proposes a commercial use, which is compatible with the existing uses within the commercial center as well as with the existing area, and offers a service to the community. 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 09-127 is hereby granted, subject to the conditions attached. 2 PLANNING COMMISSION RESOLUTION NO. 2499 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 3 PLANNING COMMISSION RESOLUTION NO. 2499 CONDITIONS OF APPROVAL CASE NO. CUP 09-127 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 9:30 a.m. to 7:00 p.m., Monday through Sunday. 5. Massage Establishment shall have a maximum of three employees. 6. Massage Establishment will lease a maximum of 1,500 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. 4