HomeMy WebLinkAboutRes No 2637PLANNING COMMISSION RESOLUTION NO. 2637
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION OF
ENVIRONMENTAL IMPACT, AND APPROVAL OF AN AMENDMENT TO
CONDITIONAL USE PERMIT 07-09 TO ALLOW THREE MASSAGE
THERAPY ROOMS WITHIN AN EXISITNG MASSAGE BUSINESS (JAPAN
SPA) LOCATED AT 73-981 HIGHWAY 111
CASE NO: CUP 07-09 Amendment No. 1
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
21st day of October 2014, hold a duly noticed public hearing to consider the request by Jun
Qing Gu 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. 2014-41, 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 location is in a General Commercial zone. The purpose of this district
is to provide specialty and general shopping facilities. The existing massage
establishment is compatible with this type of use since it is a personal service. The
proposed amendment to the Conditional Use Permit (CUP) will not alter the current
business operation and is in accordance with adjacent businesses. The amendment
to the massage establishment would have minimal impacts on parking, traffic, and
noise, since the business will have fewer employees and massage tables. The
massage establishment operates six days a week and is in accordance with other
businesses in the area.
PLANNING COMMISSION RESOLUTION NO. 2637
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 amendment to the existing massage establishment will meet all
applicable requirements of P.D.M.C. Chapter 5.87 Massage Businesses and Chapter
5.90 Massage Practitioners, 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 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.
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 P.D.M.C. Chapter 5.87 Massage
Businesses and Chapter 5.90 Massage Practitioners and the Zoning Ordinance. The
massage establishment operates during normal business hours. Existing parking is
adequate and no increase in use of infrastructure is necessary. The property has been
operating as a massage establishment since 2007, and the proposed amendment
won't change from what exist today. No variances or adjustments are necessary for the
project
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 "Community -Commercial." 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. Policy 1 of the General Plan Land Use Element requires a
sufficient amount of lands be designated to provide a full range of conveniently located
services to neighborhood and regional residents along with tourist visitors.
The massage establishment is currently operating and has provided a personal
service to the area. The proposed amendment to the CUP would not alter the nature
of the business.
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. A massage establishment is suited at this site
since it meets the General Plan allows commercial uses.
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
G:\Planning\Monica OReilly\Planning Commission\2014\Resolutions\Res. No. 2637 CUP 07-09 Japan Spa.docx
2
PLANNING COMMISSION RESOLUTION NO. 2637
respect to the appropriate use of a massage establishment in the proposed location.
The business is compatible with surrounding land uses, and is effectively located along
a primarily retail street where it will not cause any disturbances to adjacent businesses.
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 approve CUP 07-09 Amendment No.
1, 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 October 2014, by the
following vote, to wit:
AYES: CAMPBELL, DE LUNA, GREENWOOD, and STENDELL
NOES: NONE
ABSENT: DASH
ABSTAIN: NONE
EN Sw DEL , VIC HAIRPERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
G:\Planning\Monica OReilly\Planning Commission \2014\Resolutions \Res. No. 2637 CUP 07-09 Japan Spa.docx
3
PLANNING COMMISSION RESOLUTION NO. 2637
CONDITIONS OF APPROVAL
CASE NO: CUP 07-09 AMENDMENT NO.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. 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
Building & Safety Department
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 the building permit is 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. The massage establishment is limited to three (3) massage therapy rooms, with each
room maintaining one (1) massage table.
8. The massage establishment shall be limited to a maximum of two (2) massage
therapists who shall be CAMTC certified.
9. The massage establishment shall comply with Palm Desert Municipal Code Chapter
5.87 Massage Businesses and Chapter 5.90 Massage Practitioners as the Chapters
exist currently and with any future amendments to those chapters.
10. Hours of operation shall be conducted from 9:00 a.m. to 7:00 p.m. Monday through
Saturday.
G:\Planning\Monica OReilly\Planning Commission\2014\Resolutions\Res. No. 2637 CUP 07-09 Japan Spa.docx
4
PLANNING COMMISSION RESOLUTION NO. 2637
11. In order to provide sufficient time for guest parking to cue properly, massage
appointments and services shall be staggered to allow 15-minute intervals for guests to
remove automobiles and create space for next parked guest.
G:\Planning\Monica OReilly\Planning Commission\2014\Resolutions\Res. No. 2637 CUP 07-09 Japan Spa.docx
5