HomeMy WebLinkAboutRes No 2556 PLANNING COMMISSION RESOLUTION NO. 2556
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW HEALING HANDS MASSAGE THERAPY TO OPERATE AS A SECONDARY USE
IN A 130 SQUARE-FOOT ROOM WITHIN J RUSSELL SALON LOCATED AT 72-996 EL PASEO.
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of July, 2011, hold a duly noticed public hearing to consider the request by J Russell Salon
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.10-26,
in that the Director of Community Development has determined that the project will not have a negative impact on the environment and that the application is a Class 3 Categorical Exemption
for purposes of CEQA, and therefore no further documentation is necessary; 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 exist to justify the approval of said request:
Findings of Approval:
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 Planned Commercial, Scenic Preservation zone. The proposed location of the Conditional Use is in accord with the objectives of the Zoning Ordinance and
the purpose of the district in which it is located. Since the conditional use will be located in an existing building, it will not have any impact on the view corridors protected by
the Scenic Preservation overlay. The type of business conducted at the proposed site is minimal during adjacent business hours and would have minimal impacts on parking, traffic, and
noise, since current J Russell clients will be receiving the massage therapy. The massage therapy business will operate and be in compliance with Massage Ordinance No. 1215. The business
will operate on appointment only throughout the day Monday through Saturday from 8:30 a.m. to 5:30 p.m. With the proposed hours of operation and appointment only schedule, and with
seven clients per day, the business will not impact the businesses in the area.
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 use of a massage therapy business as a secondary use is permitted within the P.C. (3) zone subject to a Conditional Use Permit per Massage Ordinance No. 1215, and is consistent with
the intent of the City’s Zoning Ordinance as described in the staff report. The proposed massage therapy business will meet all applicable requirements of Ordinance No. 1215 and 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. The massage therapy business will also conform to all requirements of the State of California for licensing.
That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments.
The property is located in the Planned Commercial, Scenic Preservation zone and the project complies with all provisions of the base zone (P.C. (3)). The site has already been developed
and approved as a commercial building. The proposed use is consistent with the intent of the Zoning Ordinance since it meets and/or exceeds the developed standards in the P.C. (3) zone.
The massage therapy business will operate during regular business hours and conditions have been placed on the project to ensure that all the minimum requirements of the Palm Desert
Municipal Code are met, including Massage Ordinance No. 1215, Business License, Code Enforcement, Police, Building, Public Works, and the Fire Department conditions. This promotes a
mixed, efficient use of the site within the P.C. (3) zone. No variances or adjustments are required for approval.
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 “Regional Commercial (C-R)”. 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.
The Circulation Element of the General Plan is meant to address and ensure that transportation issues are addressed in a manner that limits adverse and enhances positive impacts, and
to assure that local traffic stays local. The Circulation Element also establishes and directs actions to maintain acceptable levels of service on all community roadways. A goal of
the City is to carefully review projects to assure neighborhood character is protected. The massage therapy business as a secondary use, within an existing salon is better suited at
this site since the massage therapy business meets Ordinance No. 1215 and occurs during working hours when the salon is in operation. The massage therapy business is using the same
built improvements, rather than constructing new ones that would be used a small percentage of time. A massage therapy business would protect residential neighborhoods from traffic
and parking impacts, as well as preserve safety for residents.
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 existing salon users in 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 the Planning Commission does hereby grant approval of Conditional Use Permit 11-173, subject to conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of July 2011, by the following vote, to wit:
AYES: DASH, De LUNA, LIMONT, CAMPBELL AND TANNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
________________________________
SONIA CAMPBELL, Chairperson
ATTEST:
____________________________
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
CONDITIONS OF APPROVAL
CASE NO. CUP 11-173
Department of Community Development:
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.
The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to all municipal ordinances and state and
federal statutes now in force, or which hereafter may be in force
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
Public Works 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.
Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing.
Applicant must obtain all clearances, permits or licenses as required by the State of California and City’s Municipal Code including, but not limited to, Ordinance No. 1215 Massage Establishment,
before the conditional use permit is deemed valid.
Applicant must obtain a Massage Establishment Permit with the City of Palm Desert for the business.
Applicant must comply with Chapter 5.87 Massage Establishments and Chapter 5.90 Massagists Permits.
Hours of operation are from 8:30 a.m. to 5:30 p.m. Monday through Saturday.
The massage therapy room shall only have one massage therapy bed.
The massage therapy business shall have a maximum of 7 clients per day.
The massage therapy business shall have one full-time employee including massage therapist.
The massage therapy room shall not exceed 130 square feet within the existing business.
The massage therapy business shall not provide more than 50% of the gross income for the business.
The massage therapy business shall operate as a secondary use to the existing salon.
Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals by the Public Works Department.
During the tenant improvement process the project 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:
2010 CALIFORNIA BUILDING CODE (Based on 2009 IBC)
2010 CALIFORNIA MECHANICAL CODE (Based on 2009 UMC)
2010 CALIFORNIA PLUMBING CODE (Based on 2009 UPC)
2010 CALIFORNIA ELECTRICAL CODE (Based on 2008 NEC)
2010 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency Standards)
2010 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2010 CALIFORNIA FIRE CODE
2010 CALIFORNIA GREEN BUILDING CODE