HomeMy WebLinkAboutRes No 2514PLANNING COMMISSION RESOLUTION NO. 2514
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO
EXISTING CONDITIONAL USE PERMIT 09-276 TO ALLOW ELITE
SALON TO EXPAND INTO A 1,231 SQUARE FOOT SUITE IN AN
EXISTING OFFICE/MEDICAL BUILDING COMPLEX LOCATED IN THE
OFFICE PROFESSIONAL ZONE. THE PROJECT IS LOCATED AT 72-
650 FRED WARING DRIVE, SUITES 105 AND 106.
CASE NO. CUP 09-276 AMENDMENT #1
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 6th day of October, 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 with the approval of a conditional use permit is in
accordance with the purpose and objectives of the zone. CUP 09-276,
which approved the use in the adjacent suite, was approved by
Resolution No. 2508. The zone allows general and medical offices, and
ancillary commercial uses. 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 is 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 expansion for the approved Elite Salon business meets all applicable
requirements of the zoning ordinance and will not be detrimental to general
public's health, safety, and welfare or materially injurious to the properties in
PLANNING COMMISSION RESOLUTION NO. 2514
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 has been approved by the Planning Commission by
Resolution No. 2508. The expansion 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. The zone allows general and
medical offices and ancillary commercial uses. 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 offices 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, Amendment 1 is hereby
granted, subject to conditions attached.
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PLANNING COMMISSION RESOLUTION NO. 2514
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 6th day of October, 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
VAN G. TANNER, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2514
CONDITIONS OF APPROVAL
CASE NO. CUP 09-276, AMENDMENT 1
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 twenty employees.
6. Hair Salon will lease a maximum of 3,026 square feet.
7. The services provided will be haircuts, styling, facials, and manicures. No
massage services are permitted.
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