HomeMy WebLinkAboutRes No 2544PLANNING COMMISSION RESOLUTION NO. 2544
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO ALLOW THE USE OF A BARBER COLLEGE AT 74-350 ALESSANDRO DRIVE, SUITE
A-1, LOCATED IN THE R-3(4) ZONE, (RESIDENTIAL MULTIPLE FAMILY).
CASE NOS. CUP 10-413
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of January, 2011, hold a duly noticed public hearing to consider the request of West Coast
Barber College for the above mentioned project; 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 denial of said request:
FINDINGS FOR DENIAL:
That the proposed location of the conditional use is not in accordance with the objectives of the zoning ordinance and the purpose of the district in which it is located.
The site of the proposed project is zoned R-3, Multiple Family Residential. 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 residential zoning and development therein. When the buildings were approved the intended uses were office professional.
The site was approved for 33 parking spaces. The eight parking spaces adjacent to the building were used for the parking study. The parking study concluded that an average of 26 parking
spaces would be available during the hours of 9:00 a.m. to 8:00 p.m. during the work week. At full occupancy, the buildings would not have sufficient parking. The Planning Commission
believes the proposed use would create a parking problem.
That the proposed location of the conditional use and the conditions under which it will be operated or maintained will be detrimental to the public health, safety or welfare, and be
materially injurious to properties or improvements in the vicinity.
The use of a barber college is permitted within the R-3 zone subject to a Conditional Use Permit (for the land use). The proposed “West Coast Barber College” business would not meet
all applicable requirements of
the zoning ordinance due to parking and traffic. A barber college located in the Multiple Family Residential Zone requires a Conditional Use Permit to assure that there is adequate parking
and land use compatibility for the surrounding uses. Staff has conducted a parking study from which the Planning Commission concluded that the proposed “West Coast Barber College” business
would have an impact to the office professional uses located on the property with respect to its parking. At full occupancy of the site there would not be sufficient parking on-site,
which would lead to customers and employees parking in the residential neighborhood. The proposed hours of operation are 9:00 a.m. to 6:00 p.m. Monday through Wednesday and 9:00 a.m.
to 8:00 p.m. Thursday through Saturday, which would be disruptive to the surrounding residential uses. A barber college would be detrimental to general public health, safety, and welfare
or materially injurious to the properties in the vicinity.
That the proposed conditional use would not comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments.
The site has already been developed and approved as an office building. The proposed use would not be consistent with the intent of the Zoning Ordinance as described in 25.020.030,
B and F of the municipal code. The proposed hours of operation are 9:00 a.m. to 6:00 p.m. Monday through Wednesday and 9:00 a.m. to 8:00 p.m. Thursday through Saturday, which would
be disruptive to the surrounding residential uses. With 26 parking spaces allocated to the remaining tenants at full occupancy, the buildings would not have sufficient parking. Therefore,
use of a barber college at this location does not comply with all applicable provisions of the Zoning Ordinance.
That the proposed conditional use does not comply with the goals, objectives and policies of the City’s General Plan.
A primary objective in the Land Use Element of the General Plan under Residential Goals, Policies and Programs is Goal 3 of the General Plan, which endorses residential neighborhoods
that are thoughtfully integrated with community parks and schools, and have convenient and appropriately located access to employment centers and commercial services. Policy 2 of the
General Plan is residential land use planning in developing areas shall preserve neighborhood character and assure a consistent and compatible residential land use pattern.
The project is not consistent with the General Plan because the project proposes a business and service that is not compatible within a residential zone, or with the existing uses within
the surrounding area, as demonstrated by the testimony of an adjacent property owner during the
public hearing. The proposed hours of operation are 9:00 a.m. to 6:00 p.m. Monday through Wednesday and 9:00 a.m. to 8:00 p.m. Thursday through Saturday, which would be disruptive to
the surrounding residential uses.
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 CUP 10-413 is hereby denied.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of February 2011, by the following vote, to wit:
AYES: LIMONT, DELUNA, TANNER AND SCHMIDT
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
________________________________
M CONNER LIMONT, Chairperson
ATTEST:
____________________________
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission