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HomeMy WebLinkAboutRes No 2590PLANNING COMMISSION RESOLUTION NO. 2590 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A SALON IN AN EXISITNG OFFICE PROFESSIONAL ZONE; AND AN AMENDMENT TO RESOLUTION NO. 2514 MODIFYING DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITION OF APPROVAL NO. 7 TO ALLOW MASSAGE SERVICES AS A SECONDARY USE, AND ONLY IF THE MASSAGE THERAPIST IS LICENSED BY THE CALIFORNIA MASSAGE THERAPY COUNCIL (CAMTC), LOCATED AT 72-650 FRED WARING DRIVE, SUITE 210. Case NO. CUP 09-276 AMENDMENT NO. 2. WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of August, 2012, hold a duly noticed public hearing to consider the request by R&B Studios 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. 2012-20 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: Findings of Approval: 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 salon use in two adjacent suites, was approved by Resolution No. 2514. 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 19 existing hair salons and additional suite for spa services including massage is considered an ancillary use to the offices, and is compatible with the other office/medical uses, along with the residences in the area. The proposed modification to Condition of Approval No. 7 of Resolution 2514 would allow only massage therapists who are licensed by the CAMTC. The City would still be able to enforce Health and Safety requirements, and perform on -site inspections. PLANNING COMMISSION RESOLUTION NO. 2590 The type of business conducted at the proposed site is in accordance with adjacent businesses and residents, and would have minimal impacts on parking, traffic, and noise. The business operates six days a week and is in accordance with other businesses 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 expansion and modification of Condition of Approval No. 7 of Resolution No. 2514 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. Final construction drawings of the proposed interior improvements will require compliance with all California Building Codes and inspections must be performed to verify compliance prior to occupancy. Parking is adequate for the proposed activity, number of staff and customers anticipated. The project will not physically divide an established community or neighborhood. The site has been previously approved for 19 hair salons under Resolution No. 2508. 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; the organization operates a community service based use that operates during normal business hours and throughout the early evenings when a number of adjacent businesses are closed. Existing parking is adequate and no increase in use of infrastructure is necessary. The proposed use has been approved by the Planning Commission by Resolution No. 2508. 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. A primary objective stated in the Land Use Element of the General Plan under Commercial Goals, Policies and Programs is Goal 1, which provides for an integrated and complimentary mix of commercial land uses that meet the day-to-day needs of local residents and tourists. 2 PLANNING COMMISSION RESOLUTION NO. 2590 The proposed expansion of the existing business would be an appropriate integration of neighborhood, residential -serving services within easy walking distance of homes to the north, east, and west. The Circulation Element of the General Plan is meant to address and ensure that transportation issues are addressed in a manner that limits adverse impacts 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 proposed expansion and uses are suited at this site since the project has been previously approved by Resolution No. 2508. The business will continue to use the same built improvements, rather than constructing new ones that would be used a small percentage of time. Policy 3 of the Residential Land Use Goals and Policies states that the City shall encourage in -fill development on lands located adjacent to or near existing residential areas and utilities to maximize the efficient utilization of land and infrastructure. The proposed expansion is an in -fill project, since the building as already been constructed. There are existing residential properties to the north, east, and west. This project maintains a land use that is consistent with the goals, policies, and programs of the General Plan. The project is consistent with the General Plan in respect to the appropriate use of the existing business and uses in the proposed location. Additionally, both office professional and salon businesses may prosper by being located adjacent to one another. 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 Planning Commission in this case. 2. That approval of Conditional Use Permit 09-276 Amendment No. 2 is hereby granted, subject to conditions attached. 3 PLANNING COMMISSION RESOLUTION NO. 2590 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of August, 2012, by the following vote, to wit: AYES: CAMPBELL, DASH, DE LUNA, LIMONT, TANNER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION SONIA CAMPBELL, CHAIRPERSON 4 PLANNING COMMISSION RESOLUTION NO. 2590 CONDITIONS OF APPROVAL CASE NO. CUP 09-276 AMENDMENT NO. 2 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 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. The Hair Salon and Spa shall have a maximum of 22 employees working at one time. 6. The total square footage for all three suites total 3,750 square feet. 7. The services provided will be haircuts, styling and facials. Massage services are only permitted as a secondary use, and only if the massage therapist is licensed by the California Massage Therapy Council (CAMTC). BUILDING AND SAFETY DEPARTMENT: 1. This project shall comply with the latest adopted edition of the following codes: A. 2010 California Building Code and its appendices and standards. B. 2010 California Plumbing Code and its appendices and standards. C. 2010 California Mechanical Code and its appendices and standards. D. 2010 California Electrical Code. E. 2010 California Energy Code. F. Title 24, California Code of Regulations. G. 2010 California Fire Code and its appendices and standards. 2. All exits must provide an accessible path of travel to the public way. (CBC 1024.6 & 1127B.1) 3. Detectable warnings shall be provided where required per CBC 1133B.8 and 1127B.5 (7). The designer is also required to meet all ADA requirements. Where an ADA 5 PLANNING COMMISSION RESOLUTION NO. 2590 requirement is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. 4. 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. 5. 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. PUBLIC WORKS DEPARTMENT: 1. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals by the Public Works Department. 6