HomeMy WebLinkAboutRes No 2502PLANNING COMMISSION RESOLUTION NO. 2502
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
ALLOW THE OPERATION OF A MASSAGE THERAPY SERVICE IN A SINGLE
ROOM BY AN INDIVIDUAL CERTIFIED THERAPIST AT THE "KARL
VASQUEZ SALON AND SPA", LOCATED ON THE NORTHEAST CORNER OF
PARKVIEW DRIVE AND HWY 111 AT 72180 HWY 111.
CASE NO. CUP 09-174
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 19th day of May, 2009, hold a duly noticed public hearing to consider the request
by Karl Vasquez Salon and Spa 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 Permit is in accord with
the objectives of the Massage Establishment Ordinance and Zoning
Ordinance.
2. That the proposed Conditional Use Permit and the conditions under which
it will be operated and maintained will not be detrimental to the public
health, safety or general welfare, or be materially injurious to properties in
the area.
3. That the proposed conditional use permit will comply with each of the
applicable provisions of this title.
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 09-174 is hereby granted, subject
to conditions attached.
PLANNING COMMISSION RESOLUTION NO. 2502
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 19th day of May, 2009, by the following vote, to wit:
AYES: CAMPBELL, DELUNA, LIMONT, TANNER
NOES: SCHMIDT
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
VAN G. TA NER, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2502
CONDITIONS OF APPROVAL
CASE NO. CUP 09-174
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
in the Department of Community Development, as modified by the following
conditions:
2. Applicant must obtain all clearance, 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.
3. The massage establishment shall be limited to a maximum of nine employees.
4. The massage establishment shall maintain a maximum of one massage table.
5. Hours of operation shall be conducted from 9:00 AM to 8 P.M, Monday through
Saturday.
6. Any proposed change of this conditional use permit will require an amendment,
which will result in a new public hearing.
Department of Building and Safety:
1. This property has had construction work done without permits. Mr. Daniel
Crawford, Building Inspector/Plans Examiner, has met with the owner of the
building, Mr. Gordon Belmont, concerning the resolution of this violation (See
attached reference letter to Mr. Belmont dated January 20, 2009 regarding a
Special Inspection to obtain a Certificate of Occupancy). The conditional use
permit shall not be activated without resolving those issues stated in the letter.
These issues and any proposed work must conform to the current State of
California Codes adopted at the time of plan check submittal. The following are
the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
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PLANNING COMMISSION RESOLUTION NO. 2502
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. 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 shall comply with Palm Desert Municipal Code 15.15
regarding street address location, dimension, stroke of line, distance from street,
height from grade, height from street, etc. shall be shown on all architectural
building elevations in detail. Any possible obstructions, shadows, lighting,
landscaping, backgrounds or other reasons that may render the building address
unreadable shall be addressed during the plan review process. This requirement
pertains to existing buildings as well as newly constructed buildings.
Fire Department:
1. Prior to opening your business, you must contact the Fire Marshal's office to
schedule an appointment for a fire Life Safety inspection. You and the contractor
must be present at time of inspection. Fire Marshall sign off is required.
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 2007 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 /
sprinkler system required 3000 square feet or more. Plans must be submitted to
the Fire marshal'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 2A10BC 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 Marshal service tag attached to the extinguisher. Or purchased from
a retail store with the sales receipt attached. A licensed company must service
extinguishers yearly.
7. All Electrical breakers must be labeled, having a clearance of not less then 36
inches and must be maintained around the panel at all times.
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PLANNING COMMISSION RESOLUTION NO. 2502
8. A durable sign stating "This Door to Remain Unlocked Whenever the Building is
Occupied" Shall be place on or adjacent to the front exit doors. The Sign shall be
in letters not less then one inch high on a contrasting background.
9. Any questions regarding the meaning of these conditions should be referred to
the Palm Desert Fire Marshals office at 760-346-1870, located at 73710 Fred
Waring Suite #102 Palm Desert, CA 92260.
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