HomeMy WebLinkAboutRes No 2603PLANNING COMMISSION RESOLUTION NO. 2603
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT (CUP) TO OPERATE A 2,686-SQUARE-FOOT HAIR SALON
WITHIN AN EXISTING 6,192-SQUARE-FOOT BUILDING LOCATED IN
THE OFFICE PROFESSIONAL ZONE AT 44-630 MONTEREY AVENUE
SUITES 200 AND 201
CASE NO: CUP 13-127
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 21st day of May 2013, hold a duly noticed public hearing to consider the request by
Jennifer Anderholt for approval of the above noted; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the
City must determine whether a proposed activity is a project subject to CEQA. If the
project is subject to CEQA, staff must conduct a preliminary assessment of the project
to determine whether the project is exempt from CEQA review. If a project is not
exempt, further environmental review is necessary. Further review from a non-exempt
project would result in a Negative Declaration, a Mitigated Negative Declaration or an
Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project
may have a significant impact on the environment. The 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 the Director of
Community Development has determined that the proposed project is a Class 3: New
Construction or Conversion of Small Structures (15303) Categorical Exemption for
purposes of CEQA and no further review 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 to exist to approve the said
request:
Findings for 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 project is located in an O.P., Office Professional zone. The
purpose the Office Professional 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.
PLANNING COMMISSION RESOLUTION NO. 2603
The Office Professional zone allows general offices, medical offices, and
laboratories (medical and dental) under permitted uses. The Office
Professional zone also allows as a Conditional Use Permit professional
schools, business schools, art galleries, art studios, financial institutions,
commercial parking, churches, residential dwelling above the first floor, and
ancillary commercial uses as long as they do not exceed 25 percent of the
office complex. Although the use of a hair salon does not fall under any of
these uses, the purpose of Office Professional zone is to have professional
land uses which by nature are of relative low intensity, and are compatible
with the adjacent residential zoning.
The type of business conducted at the proposed site is compatible with
adjacent businesses and residents, and would have minimal impacts on
parking, traffic, and noise.
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 project as a conditional use is consistent with the intent of the
City's Zoning Ordinance as described above. The project will not physically
divide an established office professional neighborhood. Based on
consideration of the whole, the proposed project does not conflict with
Chapter 25.25 Office Professional Zone within the Palm Desert Municipal
Code in regards to land use. The salon would generate very little noise
outside of the building, and its hours of operation are neither early in the
morning nor late at night, so it will not be detrimental or injurious to the
nearby residential properties.
The site has been previously designed to meet setbacks, lot coverage,
building height, land use, and parking requirements for office type uses. The
proposed hair salon would not create a public nuisance in terms of noise and
parking shortages, which would be detrimental to the public interest, health,
safety, welfare, and materially injurious to properties in the vicinity as
described in more detail in the staff report.
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 use of a hair salon is consistent with the intent of the City's Zoning
Ordinance as described in the staff report. The nature of the proposed use is
compatible with surrounding land uses, and operates during normal business
hours and throughout the early evenings and weekends when the adjacent
businesses are closed. The use supports the existing office professional
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PLANNING COMMISSION RESOLUTION NO. 2603
businesses as well as the adjacent residents. There are no variances or
adjustments 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. The Office Professional
designation sets standards for businesses, offices, administrative or
professional land uses, which are of low intensity, and are compatible with
adjacent residential developments.
The proposed hair salon would be an appropriate integration of
neighborhood, since it is a low intensity business located within an office
professional zone. Furthermore, the site is adjacent to a residential
neighborhood and the proposed use and hours of operation would not create
added noise to disturb the neighborhood.
Goal 2 of the Commercial Land Use Goals and Policies states "a pattern of
commercial land uses conveniently and appropriately distributed throughout
the City, meeting the community's needs while minimizing the disruption to or
incompatibilities with other land uses."
The proposed use would complement the other office professional
businesses and the vicinity, since the nature of the business is of low
intensity. The business would be an appropriate integration of neighborhood,
residential -serving services within easy walking distance of homes to the
north and east.
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 use is an in -fill project, since the building has already been
constructed. There are existing residential properties to the north and east.
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 nature of the business and uses in the
proposed location. Additionally, both office professional and salon businesses
may prosper by being located adjacent to one another.
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PLANNING COMMISSION RESOLUTION NO. 2603
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 the Planning Commission does hereby recommend approval of CUP 13-
127, subject to conditions.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 21st day of May 2013, by
the following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
L�
NANCY DEt UNA, CHAIRPERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2603
CONDITIONS OF APPROVAL
CASE NO: CUP 13-127
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. 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.
3. 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:
Coachella Valley Water District
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented to
the Department of Building & Safety at the time of issuance of a building permit for
the use contemplated herewith.
4. All conditions of approval shall be recorded with the Riverside County Clerk's office
before any building permits are issued. Evidence of recordation shall be submitted
to the Department of Community Development/Planning.
5. Applicant shall defend, indemnify and hold harmless the city against any third party
legal challenge to these approvals, with counsel chosen by the city at applicant's
expense.
6. Any proposed change of this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
7. Improvements that are not on the approved site plan may be subject to additional
requirements and plan submittals by the Public Works Department.
8. The hours of operation are from 9:00 a.m. to 6:00 p.m. Monday through Sunday.
9. The Hair Salon shall have a maximum of five employees working at one time.
10. The Hair Salon will occupy no more than 2,686 square feet.
11. This project shall comply with the latest adopted edition of the following codes:
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PLANNING COMMISSION RESOLUTION NO. 2603
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. 2010 California Green Building Standards Code
G. Title 24, California Code of Regulations.
H. 2010 California Fire Code and its appendices and standards.
12.An approved automatic fire sprinkler system shall be installed as required per the
City of Palm Desert Code Adoption Ordinance 1217.
13.A disabled access overlay of the site plan is required to be submitted to the Dept of
Building and Safety for plan review of the site accessibility requirements as per 2010
CBC Chapters 11A & B (as applicable) and Chapter 10.
14.AII exits must provide an accessible path of travel to the public way. (CBC 1024.6 &
1127B.1)
15.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 requirement is more restrictive than the State of California, the ADA
requirement shall supersede the State requirement.
16. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Dept of Building and
Safety.
17.AII contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm desert Municipal Code, Title 5.
18.AII 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.
19.Address numerals shall comply with Palm Desert Ordinance No. 1217 (Palm Desert
Municipal Code 15.15. Compliance with Ordinance 1217 regarding street address
location, dimension, stroke of line, distance from street, height from grade, height
from street, etc. shall be shown on all architectural building elevations in detail. Any
possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons
that may render the building address unreadable shall be addressed during the plan
review process. You may request a copy of Ordinance 1217 or Municipal Code
Section 15.28 from the Department of Building and Safety counter staff.
20. Please contact Cherie Williams, Building and Safety Technician, at the Department
of Building and Safety (760-776-6420) regarding the addressing of all buildings
and/or suites.
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