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HomeMy WebLinkAboutRes No 2508PLANNING COMMISSION RESOLUTION NO. 2508 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE USE OF "ELITE SALON" IN AN EXISTING OFFICE/MEDICAL BUILDING COMPLEX LOCATED IN THE OFFICE PROFESSIONAL ZONE. THE PROJECT IS LOCATED AT 72-650 FRED WARING DRIVE, SUITE 105. CASE NO. CUP 09-276 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of July, 2009, hold a duly noticed public hearing to consider the request by Bob Rose 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 subject to a CUP. The zone allows general and medical offices and ancillary commercial uses subject to a CUP. The purpose of this zone is to classify and set standards for offices, administrative or professional uses which are of relatively low intensity and which are compatible with adjacent residential zoning and development therein. The hair salon could be considered an ancillary use to the offices, and is compatible with the other office/medical uses, along with the residences in the area. 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 "Elite Salon" 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 PLANNING COMMISSION RESOLUTION NO. 2508 allowed. The zone allows general and medical offices and ancillary commercial uses subject to a CUP. The hair salon could be considered an ancillary use to the offices. No variances or adjustments are required for this use. 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 (C- OP)': One of the primary objectives stated in the Land Use Element of the General Plan is assigned to lands that provide comparative advantages for office development, with use characteristics that enhance compatibility with residential and other sensitive land uses. Mixed Use development with hotels and motels, professional office and residential may also be permitted through approval of an integrated master plan. This project maintains a land use that is consistent with the Land Use Element of the General Plan. The project is consistent with the General Plan because the project proposes a commercial use that is compatible with the existing uses within the office/medical complex 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 09-276 is hereby granted, subject to conditions attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of July, 2009, by the following vote, to wit: AYES: CAMPBELL, DELUNA, LIMONT, TANNER NOES: NONE ABSENT: SCHMIDT ABSTAIN: NONE ATTEST: �LAURI AYLAIAN, Secretary Palm Desert Planning Commission ,r— VAN G:'TANNER, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 2508 CONDITIONS OF APPROVAL CASE NO. CUP 09-276 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 hair salon shall be conducted from 9:00 a.m. to 6:00 p.m., Monday through Saturday. 5. Hair Salon shall have a maximum of thirteen employees. 6. Hair Salon will lease a maximum of 1,795 square feet. 7. The services provided will be haircuts and styling and facials. No manicure or massage services are permitted. 3