HomeMy WebLinkAboutPC Resolution _4860- Case 5.0962 CUPRESOLUTION NO.4860
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING CASE 5.0962, A
CONDITIONAL USE PERMIT TO ALLOW THE USE OF A
SPA FACILITYAND RETAIL SALES USE IN A C-1(RETAIL
BUSINESS ZONE) LOCATED AT 1555 S. PALM CANYON
DRIVE, ZONE C-1, SECTION 22.
WHEREAS, Barbara Pongratz for The Face Place (the "Applicant") has filed an application
with the City pursuant to Section 94.02.00 of the Zoning Ordinance for a Conditional Use
Permit to allow the use of a spa facility and retail sales use in a C-1 (Retail Business Zone)
located at1555 S. Palm Canyon Drive, Zone C-1, Section 22; and
WHEREAS, the spa facility meets the standards as outlined in Section 92.12.01(D)(21)
regarding spas as a conditional use; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm
Springs to consider an application for Conditional Use Permit 5.0962 was issued in
accordance with applicable law; and
WHEREAS, on June 25, 2003, a public hearing on the application for Conditional Use
Permit 5.0962 was held by the Planning Commission in accordance with applicable law;
and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including but not limited
to the staff report, all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the Planning Commission finds that Case 5.0962 is
categorically exempt from environmental assessment per Section 15301,
Existing Facilities, of the California Environmental Quality Act (CEQA).
Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the Planning Commission
finds that:
a. The use applied for at the location set forth in the application is properly one for
which a Conditional Use Permit is authorized by the City's Zoning Ordinance.
Pursuant to Section 92.12.01 of the Zoning Ordinance, a spa is a conditionally
permitted use in the C-1 zone.
b. The said use is necessary or desirable for the development of the community, is in
harmony with the various elements or objectives of the General Plan, and is not
detrimental to existing uses or to future uses specifically permitted in the zone in
which the proposed use it to be located.
The proposed use relocates an existing business to a location providing additional
square footage and adjacent parking in a multi -tenant retail sales shopping center.
The proposed use will not be detrimental to existing or future uses in the zone
where it is located. In addition, staff shall be license and trained in the programs
provided by the spa.
C. The site for the intended use is adequate in size and shape to accommodate such
use, including yards, setbacks, wall or fences, landscaping and other features
required in order to adjust such use to those existing or permitted future uses of
land in the neighborhood.
The proposed use complies with the property development standards of the C-1
zone and has existing parking to serve customers.
d. The site for the proposed use relates to streets and highways property designed
and improved to carry the type and quantity of traffic to be generated by the
proposed use.
The property is located in a shopping center adjacent to a major thoroughfare. The
number of vehicles is not expected to significantly increase beyond the prior use of
retail sales for the existing project site. Therefore, the granting of this Conditional
Use Permit, subject to the conditions of approval, will have no impact on traffic
volume in the area.
e. The conditions to be imposed and shown on the approved site plan are deemed
necessary to protect the public health, safety, and general welfare of the existing
neighborhood in which this project is situated.
All proposed conditions of approval are necessary to ensure compliance with Zoning
Ordinance requirements and to protect the public health, safety and welfare of the
existing neighborhood in which the project is situated.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Conditional Use Permit 5.0962, subject to the conditions set
forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate
of Occupancy unless otherwise specified.
ADOPTED this 25 h day of June, 2003.
AYES: Klatchko, Caffery, Shoenberger, Grence, Conrad
NOES:
ABSENT: Matthews
ABSTENTIONS: Marantz
ATTEST:
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C irman of the Plann' g Commission
CITY OF PALM SPRINGS, CALIFORNIA
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Secretary o the Planning Commission