HomeMy WebLinkAboutRes 96-28 CUP 96-6 Rick and Shelly Muro Health Club CITY OF PALM DESERT
STAFF REPORT
I . TO: HONORABLE MAYOR AND CITY COUNCIL
II . REQUEST: CONSIDERATION OF APPEAL TO A DECISION OF
THE PLANNING COMMISSION APPROVING FOR A
TEMPORARY PERIOD A CONDITIONAL USE PERMIT
FOR RICK AND SHELLY MURO FOR A 4248
SQUARE FOOT HEALTH CLUB INCLUDING GYM
EQUIPMENT, EXERCISE CLASSES, PHYSICAL
THERAPY AND RELATED USES IN SUITES B AND
J OF THE BUILDING LOCATED AT 74-040
HIGHWAY 111
III . APPELLANT: CITY OF PALM DESERT/CITY COUNCIL CALL-UP
IV. CASE NO. : CUP 96-6
V. DATE: APRIL 25, 1996
VI . CONTENTS :
A. STAFF RECOMMENDATION
B. DISCUSSION
C . DRAFT RESOLUTION
D. PLANNING COMMISSION MINUTES INVOLVING CASE CUP 96-6
E . PLANNING COMMISSION RESOLUTION NO. 1730
F . PLANNING COMMISSION STAFF REPORT DATED
MARCH 19 , 1996
G. RELATED MAPS AND EXHIBITS
A. STAFF RECOMMENDATION:
That the city council affirm the action of the planning
commission and allow the temporary operation of the health
club for a temporary period expiring on March 1, 1997 .
B. DISCUSSION:
March 19 , 1996 the planning commission held a hearing on this
matter to consider the request to allow the health club to
operate for a temporary period at this location. Said
conditional use permit to expire March 1, 1997 with the
understanding that the use will be able to relocate before
March 1, 1997 to a new building which the applicant will have
built.
STAFF REPORT
CASE NO. CUP 96-6
APRIL 25, 1996
In the end, the commission on a 3-2 vote (Beaty and Ferguson
opposed)granted the requested C.U.P. for a temporary period
with amendments to the conditions suggested by staff,
specifically Conditions No. 8 and 9 which now read as follows :
8 . That the applicant and/or an appropriate partner
shall file appropriate complete precise plan of
design applications and any other necessary
applications for approval of a new health club
facility with the Department of Community
Development no later than May 15, 1996 . Failure to
file in a timely manner shall result in a new
hearing before Planning Commission and possible
revocation of this conditional use permit.
9 . That the applicant and/or an appropriate partner
shall pull required building permits and commence
construction for the new health club facility no
later than September 1, 1996 . Failure to acquire
the required building permits and commence
construction by September 1, 1996 shall result in a
new hearing before Planning Commission and possible
revocation of this conditional use permit.
March 29 , 1996 the department received a timely appeal from
Councilmembeer Benson and subsequently the matter was re-
noticed and re-advertised.
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CITY COUNCIL ACTION:
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT TO ALLOW THE TEMPORARY OPERATION OF A
4248 SQUARE FOOT HEALTH CLUB INCLUDING GYM
EQUIPMENT, EXERCISE CLASSES, PHYSICAL THERAPY AND
RELATED USES IN SUITES B AND J IN THE HIGHWAY 111
FRONTING BUILDING OF A 40, 000 SQUARE FOOT
RETAIL/OFFICE COMPLEX AT THE NORTHEAST CORNER OF
PORTOLA AVENUE AND HIGHWAY 111 .
CASE NO. CUP 96-6
WHEREAS, the City Council of the City of Palm Desert, California,
did on the 25th day of April, 1996 , hold a duly noticed public hearing
to consider the request of RICH AND SHELLY MURO for approval of a
conditional use permit to allow the temporary operation of a 4248
square foot health club including gym equipment, exercise classes,
physical therapy and related uses in Suite B and J to be located in the
Highway 111 fronting building of a 40, 000 square foot retail/office
complex at the northeast corner of Portola Avenue and Highway 111; and
WHEREAS, the Planning Commission of the City of Palm Desert,
California has, by its Resolution No. 1730, approved the requested
conditional use permit; 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. 80-89, " in that the director
of community development has determined that the project is a Class 3
categorical exemption for purposes of CEQA; 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 city council did find the following facts and reasons to
exist to justify the granting of said conditional use permit:
1 . The location of a health club within retail commercial
complexes is complimentary and beneficial to retail tenants
in the vicinity.
2 . The mix of uses and their peak operation hours in the retail/
office complex and the available parking supplies are such
that the proposed health club will not create a parking
shortage in the area if the health club hours are
appropriately limited.
3 . The proposed use is consistent with the goals and objectives
of the general commercial zone, Commercial Core Area Specific
Plan and the Palm Desert General Plan.
4 . The proposed location of the conditional use and the
conditions under which it will be operated and maintained
will not be detrimental to the public health, safety or
general welfare, or be materially injurious to properties or
improvements in the vicinity.
RESOLUTION NO.
NOW, THEREFORE, BE IT RESOLVED by the City Council 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 approval of Conditional Use Permit 96-6 is hereby
granted, subject to the attached conditions .
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert City Council, held on this 25th day of April, 1996 , by the
following vote, to wit:
AYES:
NOES :
ABSENT:
ABSTAIN:
WALTER S . SNYDER, Mayor
ATTEST:
SHEILA GILLIGAN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
2
RESOLUTION NO.
CONDITIONS OF APPROVAL
CASE NO. CUP 96-6
Department of Community Development:
1 . Applicant shall comply with all state, county, and city
regulations concerning health club use.
2 . The applicant shall obtain all necessary architectural review
commission and department of building and safety permits required
by any physical modification of the site.
3 . Health club shall be limited to 4248 square feet in area.
4 . Health club trash shall be restricted to south Alessandro parking
lot trash dumpsters only.
5 . That this condi 'onal se permit is approved for a temporary
period only and sha expire February 28, 1997 , unless extended
which can only oc r bsequent to a public hearing held by the
Planning Commis 'on.
6 . That during the hours that the aerobic room (Suite J) and the gym
(Suite B) are in operation, the doors shall be closed so that loud
music does not impact on the residential area to the north on
tenants/customers of other businesses .
7 . That the exercise classes in Suite J shall conclude by 6 : 15 p.m.
and that the premises be closed, vacant and locked by 6 : 30 p.m.
unless the applicant provides ten ( 10) additional parking spaces
from the northeast corner of the north parking lot, and in which
case then the hours noted earlier herein will be 7 :45 p.m. and
8 : 00 p.m.
8 . That the applicant and/or an appropriate partner shall file
appropriate complete precise plan of design applications and any
other necessary applications for approval of a new health club
facility with the Department of Community Development no later
than May 15, 1996 . Failure to file in a timely manner shall
result in a new hearing before Planning Commission and possible
revocation of this conditional use permit.
9 . That the applicant and/or an appropriate partner shall pull
required building permits and commence construction for the new
health club facility no later than September 1, 1996 . Failure to
acquire the required building permit and commence construction by
September 1, 1996 shall result in a new hearing before Planning
Commission and possible revocation of this conditional use permit.
3
RESOLUTION NO.
10 . Payment of TUMF unless waived by appropriated authorities .
11 . Project is subject to Art in Public Places program per Palm Desert
Municipal Code Chapter 4 . 10 .
12 . That on the inside of the west facing glass adjacent to Portola
Avenue the applicant install appropriate screening material to
screen occupants from view from the public street.
4
MINUTES
PALM DESERT PLANNING COMMISSION
MARCH 19, 1996
Chairperson Beaty asked if Ruth' s Chris was operating under
a conditional use permit. Mr. Drell replied that all
restaurants were. Chairperson Beaty asked for assurances
from staff that this would be followed up on and remedied
somehow and noted that Mr. Oliphant indicated that he would
cooperate. Mr. Oliphant said they were working on that.
Chairperson Beaty asked if the permit was up for review. Mr.
Drell concurred.
F. Case No. CUP 96-8 - PARCIVAL LTD. dba DOUG ARANGO' S,
Applicant
Request for approval of a conditional
use permit to allow the patio expansion
for approximately 30 seats at the former
Dominick Mancuso' s Trattoria located at
the northeast corner of El Paseo and San
Pablo.
Mr. Smith explained that Doug Arango' s has operated in the
Von' s center for some time. They wish to relocate into the
former Dominick Mancuso' s Trattoria at El Paseo and San
Pablo. There was an existing conditional use permit in
effect for that restaurant. It did not include the patio
dining that Doug Arango' s wishes to develop. There was a
rendering of the view from El Paseo looking to the north.
The matter received preliminary approval from the
Architectural Review Commission, subject to some
architectural details on the roof and various items . He also
noted that the patio area extended approximately two feet
into the public right-of-way and either the plan would have
to be narrowed down to take it out of the public right-of-way
or they would have to obtain an encroachment permit from the
Public Works Department. Either way he felt the request for
30 seats could be accommodated. There were 75 parking spaces
available onsite. Staff did not conduct a parking survey.
With the major use not there he felt the results would be
less than meaningful . There was a lot of street parking
available and the existing 200 temporary parking spaces
directly across the street on the Ahmanson site and when Saks
develops there would also be 200 spaces in the parking
structure available for general use. He stated that he was
not aware of any parking problem that was in existence at
this time. Staff didn't feel the additional patio dining
here would impact adversely. Staff recommended approval
subject to the conditions contained in the draft resolution
which put a maximum number of seats indoor and outdoor at 125
people.
24
PLANNING COMMISSION RESOLUTION NO. 1730
n 7,SZ - -757.0N ._0-
CITY OF PALM lir;5r.xr, LALiruxNIA, ArPhOVIivu A
CONDITIONAL USE PERMIT TO ALLOW THE TEMPORARY
OPERATION OF A 4248 SQUARE FOOT HEALTH CLUB
INCLUDING GYM EQUIPMENT, EXERCISE CLASSES,
PHYSICAL THERAPY AND RELATED USES IN SUITES B AND
J IN THE HIGHWAY 111 FRONTING BUILDING OF A 40, 000
SQUARE UARE FOOT RETAIL/OFFICE COMPLEX AT THE NORTHEAST
CORNER OF PORTOLA AVENUE AND HIGHWAY 111 .
CASE NO. CUP 96-6
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 19th day of March, 1996 , hold a duly noticed
public hearing to consider the request of RICH AND SHELLY MURO for
approval of a conditional use permit to allow the temporary operation
of a 4248 square foot health club including gym equipment, exercise
classes , physical therapy and related uses in Suite B and J to be
located in the Highway 111 fronting building of a 40, 000 square foot
retail/office complex at the northeast corner of Portola Avenue and
Highway 111; 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 . 80-89 , " in that the director
of community development has determined that the project is a Class 3
categorical exemption for purposes of CEQA; 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 the granting of said conditional use
permit :
1 . The location of a health club within retail commercial
complexes is complimentary and beneficial to retail tenants
in the vicinity.
2 . The mix of uses and their peak operation hours in the retail/
office complex and the available parking supplies are such
that the proposed health club will not create a parking
shortage in the area if the health club hours are
appropriately limited.
3 . The proposed use is consistent with the goals and objectives
of the general commercial zone, Commercial Core Area Specific
Plan and the Palm Desert General Plan.
4 . The proposed location of the conditional use and the
conditions under which it will be operated and maintained
will not be detrimental to the public health, safety or
general welfare, or he materially injurious to properties or
improvements in the vicinity.
PLANNING COMMISSION RESOLUTION NO. 1730
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 approval of Conditional Use Permit 96-6 is hereby
granted, subject to the attached conditions .
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 19th day of March, 1996 , by
the following vote, to wit:
AYES : CAMPBELL, FERNANDEZ , JONATHAN
NOES : BEATY, FERGUSON
ABSENT: NONE
ABSTAIN: NONE
PAUL R. BEATY, Chairperson
ATTEST:
PHILIP DWELL, SECRETAR
PALM DES T PLANNING COMMISSION
2
PLANNING COMMISSION RESOLUTION NO. 1730
CONDITIONS OF APPROVAL
CASE NO. CUP 96-6
Department of Community Development:
1 . Applicant shall comply with all state, county, and city
regulations concerning health club use.
2 . The applicant shall obtain all necessary architectural review
commission and department of building and safety permits required
by any physical modification of the site.
3 . Health club shall be limited to 4248 square feet in area.
4 . Health club trash shall be restricted to south Alessandro parking
lot trash dumpsters only.
5 . That this conditional use permit is approved for a temporary
period only and shall expire February 28 , 1997 , unless extended
which can only occur subsequent to a public hearing held by the
Planning Commission.
6 . That during the hours that the aerobic room ( Suite J) and the gym
( Suite B) are in operation, the doors shall be closed so that loud
music does not impact on the residential area to the north on
tenants/customers of other businesses .
7 . That the exercise classes in Suite J shall conclude by 6 : 15 p.m.
and that the premises be closed, vacant and locked by 6 : 30 p.m.
unless the applicant provides ten ( 10 ) additional parking spaces
from the northeast corner of the north parking lot, and in which
case then the hours noted earlier herein will be 7 : 45 p.m. and
8 : 00 p.m.
8 . That the applicant and/or an appropriate partner shall file
appropriate complete precise plan of design applications and any
other necessary applications for approval of a new health club
facility with the Department of Community Development no later
than May 15 , 1996 . Failure to file in a timely manner shall
result in a new hearing before Planning Commission and possible
revocation of this conditional use permit.
9 . That the applicant and/or an appropriate partner shall pull
required building permits and commence construction for the new
health club facility no later than September 1, 1996 . Failure to
acquire the required building permit and commence construction by
September 1, 1996 shall result in a new hearing before Planning
Commission and possible revocation of this conditional use permit.
3
PLANNING COMMISSION RESOLUTION NO. 1730
10 . Payment of TUMF unless waived by appropriated authorities .
t
11 . Project is subject to Art in Public Places program per Palm Desert
Municipal Code Chapter 4 . 10 .
12 . That on the inside of the west facing glass adjacent to Portola
Avenue the applicant install appropriate screening material to
screen occupants from view from the public street .
4
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: March 19 , 1996
CASE NO: CUP 96-6
REQUEST: Approval of a conditional use permit to allow the
temporary operation of a 4248 square foot health club
including gym equipment, exercise classes , physical
therapy and related uses in suites B and J of the
building located at 74-040 Highway 111 .
APPLICANT: Rick and Shelly Muro
74-040 Highway 111
Palm Desert, CA 92260
I . BACKGROUND:
This application is to allow the temporary operation of a 4248
square foot health club in the Ruth' s Chris building at the
northeast corner of Highway 111 and Alessandro.
The applicants have been in business on El Paseo, Palm Desert, for
the last ten years . Originally as an aerobic studio and growing
to a full health club facility. The Fitness Mart now has an
average of five employees and plans for an additional expansion
here in Palm Desert.
In late 1995 they had successfully negotiated a lease for over
17 , 000 square feet at the One Eleven Town Center. During this
time they also negotiated a termination of their current lease at
Palms to Pines Center. Festival Management, the leasing agent for
the One Eleven Town Center, later notified them that the owners
had chosen to not execute any leases by Festival due to the
potential sale of the property. Thus , the applicants were left
without suitable rental space. Due to the nature of the business
and client base, they needed to find immediate tenancy with
minimal improvements . Richard Oliphant of Oliphant, Lizza and
Associates offered to lease the above stated location with the
improvements and timing necessary.
The applicants began operating in late January without benefit of
appropriate permits ( i .e. conditional use permit) . February 15,
1996 we received this conditional use permit application. Staff
considered closing them down but felt that the circumstances with
them losing their previous lease and having commitments to
existing members warranted some leeway. As well, allowing them to
continue to operate allowed us to conduct a meaningful parking
survey to see how full the parking lot is at various times of the
day and night .
STAFF REPORT
CUP 96-6
MARCH 19 , 1996
II . ANALYSIS :
The buildings at the northeast corner of Highway 111 and Portola
(both sides of Alessandro) have a total of 40 , 000 square feet.
The south building has 28 , 000 square feet and the north building
12 , 000 square feet .
The south building houses two previously approved restaurants (CUP
91-9 ) with a total of 8, 000 square feet (Ruth ' s Chris 6 , 000 square
feet and Tsing Tao 2 , 000 square feet) . The 8 , 000 square feet of
restaurant complies with our 20% limit when calculated across the
building area of the two complexes .
Both restaurants have done quite well and the parking lot at night
reflects this success .
The two complexes are supported by a total of 128 parking spaces .
The south building has 46 spaces including two handicap spaces .
The north buildings have a total of 82 spaces . The 82 spaces are
made up of 64 open spaces and 18 reserved covered spaces on the
east and north side of the corner building.
During the day when only Tsing Tao is open for lunch we have 128
spaces available to serve the two complexes . The parking survey
indicates that the south lot (46 spaces) is crowded, but not at
100% occupancy. This level reflects any impact which the Fitness
Mart may be creating.
During the day the north lots have ample spaces available . The
average occupancy of the generally available area is 13 . 8/64 21 . 6%
and the covered area averages 11 . 3/18 62 . 2% .
At night the situation changes dramatically. We conducted parking
counts on various nights of the week and can confirm that the
restaurants do equally well all nights of the week. While we
counted cars we also counted the number of people attending the
Fitness Mart (gym and aerobics classes) .
Essentially, the parking survey confirms that the south lot, the
close in convenient lot, is full from 6 : 15 p.m. until late in the
evening. The valet parkers use the open lot to the north and from
6 : 45 p.m. , it is at capacity plus ( i . e . cars stacked in aisles ) .
The 18 reserved spaces are generally not used in the evenings but
are reserved for the office users . The valet parkers respect this
and do not fill these spaces . A few self-parkers for the
2
STAFF REPORT
CUP 96-6
MARCH 19 , 1996
restaurants and/or Fitness Mart were observed parking in the
reserved area.
We have recently had complaints from area residents to the north
that the valet parkers are creating noise (revving up engines ,
talking loudly, etc . ) in the north lot adjacent to the rear wall
of the residences to the north. We met with the manager of Ruth' s
Chris who hires the valet firm and he assured staff that the
problems would be remedied. We have not heard from the residents
recently.
III . CONCLUSION:
Under normal circumstances staff would not even consider adding a
high traffic generating use to an existing crowded situation,
however, given the applicant ' s circumstances and the temporary
nature of the request (the applicant seeks approval to operate
until February 28, 1997 ) staff have looked at this matter with a
view to approving the CUP subject to conditions to mitigate
impacts created by the Fitness Mart .
The applicant indicates in their letter attached to the CUP
application that, "Our intention at this location is to provide
minimum services to our members and guests until the development
of a larger full spectrum club can be completed here in Palm
Desert . We are currently negotiating financing and finalizing
Architectural plans on a 17 , 000 sq. ft. site in the heart of Palm
Desert . At this location we project to produce revenue near
$1 , 000 , 000 . 00 annually and employ a much larger staff . Our goal
is to be relocated by March 1, 1997 . We are sure to be a major
asset to the community both financially and socially in Palm
Desert. "
The parking counts and discussions with restaurant employees
indicate that the restaurants become busy around 6 : 45 p.m.
Therefore, if we can minimize the impacts and use of the Fitness
Mart from 6 : 30 p.m. onward then perhaps we can approve this CUP
for a temporary period expiring on February 28 , 1997 . The daytime
operation of the Fitness Mart had little or no impact on the
available parking in the area because Ruth' s Chris is a dinner
house and Tsing Tao, while open for lunch, was not too busy on the
days we visited.
Our recommendation to commission then will be to grant approval of
the conditional use permit for a temporary period expiring on
February 28, 1997 , and subject to conditions limiting the use of
the health club after 6 : 15 p.m.
3
STAFF REPORT
CUP 96-6
MARCH 19 , 1996
As of this time we do not have an application for the new location
mentioned by the applicant . In order that we can be assured that
the applicant ' s February 28 , 1997 date can be met, we will propose
conditions on this approval requiring that the new location be at
certain points in its approval process and construction by certain
dates . Failure to comply with these dates will result in further
hearings and possible revocation of this conditional use permit .
We will suggest that the applicant be required to file a complete
precise plan and any other applications no later than May 15 , 1996
and that building permits be issued and construction commenced no
later than September 1 , 1996 .
IV. RECOMMENDATION:
Approve findings and adopt Planning Commission Resolution No .
approving CUP 96-6 , subject to conditions .
V. ATTACHMENTS :
A. Draft resolution
B. Legal notice
C. Comments from city departments and other agencies
D. Plans and exhibits
Prepared by
Steve Smith
Reviewed and Approved by
Phil Drell
/tm
4
MINUTES
PALM DESERT PLANNING COMMISSION
MARCH 19, 1996
approval he wished to waive that item because of having
those additional parking spaces .
Mr. Drell asked how many additional spaces they were able to
obtain.
Mr. Muro replied ten.
Mr. Drell said he didn't know if that condition could be
waived; ten spaces didn't satisfy typically what a class
could be, although it might make them more comfortable in
letting the gym use to continue during those hours, but at
the very least it would limit the class size to ten. He said
the decision was up to the commission.
Commissioner Campbell asked if more spaces could be obtained
from Ace Hardware.
Mr. Muro said that Mr. Oliphant has attempted several
times in the past, but to no avail . Mr. Gregory' s
option was the only option they had available. He said
the whole point was that this use was temporary in
nature. They have been in business on El Paseo for ten
years . Their membership was generally at capacity based
on the square footage they have--they have over 700
members and it was not like they would gain 20%-30% in
the next year, and they didn' t intend to. They were
only here temporarily until the other location could be
secured and developed.
Commissioner Campbell asked if they had ever had a problem on
El Paseo as far as parking was concerned.
Mr. Muro replied no. He said that the members don't
seem to have a problem at this point in time. He hasn't
had one complaint from a member. They don't like
walking across the street there because at their
previous location everyone could park in front of the
club. Other than that the members haven't even
complained about the limited parking available in the
evening. He again noted that they were able to secure
ten additional spaces over and beyond what staff
reported on. He requested, based on the conversation
with Mr. Dell and Mr. Smith, that item #7 be waived.
The reason was simply that if not, he was, like Mr.
Drell pointed out, under contractual obligations to
these individuals so he would not only have immediate
loss in terms of refunds, but future losses in terms of
dues that would be produced for these individuals that
take the 6 : 30 p.m. to 7 : 30 p.m. class in the evening.
The average size class was about four to six people.
13
MINUTES
PALM DESERT PLANNING COMMISSION
MARCH 19 , 1996
Seventy percent of their facility' s use was before 4 : 00
p.m.
Commissioner Campbell said that she has noticed the aerobic
classes on Portola on the J Suite in the morning.
Mr. Muro said that out of their 700 members, only about
20% of the members take aerobic classes on a regular
basis; it was not like there was a huge amount of
people.
Commissioner Ferguson noted that 20% of 700 members would be
140 people.
Mr. Muro said that was through the course of seven days .
Commissioner Ferguson asked how comfortable Mr. Muro was with
the deadline dates setforth by staff with respect to May 15
and September 1, 1996 .
Mr. Muro replied very comfortable and said that they
were well on the way with that project and he didn't
feel those dates were a problem.
Commissioner Ferguson asked if Mr. Muro would entertain an
amendment to the conditional use permit that said if he
missed either date that he would vacate the premises by
October 1st of this year.
Mr. Muro said no, he didn' t think that was satisfactory.
The conditions of approval that were set were reasonable
and on that basis they should be allowed to stay for a
year simply because they didn't plan any growth at that
point in time. Even if they were unable to meet a
deadline, as an example start construction by September
1 because they brought additional plans, what they were
dealing with on the plans now was having additional
parking. They were planning a 20, 000 square foot
facility at the northwest corner of Fred Waring and
Monterey and they were dealing with having enough
parking so he could come to Planning Commission with a
set of plans with the commission saying, "Great, you
have 30 spaces more than you need" . That was what they
were dealing with right now. On that basis, if in fact
they come before commission with plans and the
commission says no, they need additional things, then
that would push them back farther. He didn' t feel he
should have to close his business and he had been in
business in Palm Desert for ten years . There were
certain factors involved that he had no control over.
14
MINUTES
PALM DESERT PLANNING COMMISSION
MARCH 19, 1996
Commissioner Ferguson said that he could understand and
appreciate that and he would be willing to condition this
date on first submission by the applicant, but he didn't like
how Mr. Muro got into this location. There were permitting
procedures that were ordinarily followed. He respected the
fact that Mr. Muro contributes to the community and had been
here for ten years, but he wasn't supposed to be in the
location he was now. He felt that staff had gone to great
lengths to try and assist him. He was willing to work with
him, but he wanted Mr. Muro to work with him as well . He was
a square peg in a round hole and he didn' t like the business
there during the season and if he could get into a facility,
that was great and they would review his plans and work with
him, but he was not sure he wanted this use there for another
season if something fell through and Mr. Muro couldn't find
larger accommodations . That was the purpose of his question.
Mr. Muro replied that if that was an ultimatum he would
have to accept it.
Commissioner Ferguson clarified that it was a question which
he would like to have answered.
Mr. Muro said that he would have to agree with that.
Chairperson Beaty asked if anyone wished to address the
commission in FAVOR or OPPOSITION to the proposal .
MR. GARY TRYON, 74-047 San Marino Circle, stated that he
lived directly across from Ruth' s Chris and his home
backs up to the parking lot on the north side of
Alessandro. He said that he and his neighbor were
surrounded by the parking lot now. He said that with
all due respect to Mr. Smith, he was not the one who had
to live with this situation. They were. He said that
it was a circus out there now and had been for four and
a half years . If anyone wanted to dispute this, he had
hours of video and audio tape to prove it. About six
weeks ago he gave a short video tape to Wayne Ramsey
from Code Compliance. They made some minor changes that
had done nothing to alleviate the noise they live with.
Chairperson Beaty asked if the noise problem was during the
evening hours .
Mr. Tryon concurred. He said they had no problem with
the daytime businesses . The problem was the noisy
nighttime businesses that had been allowed to locate
there and spill across the street into the north parking
lot. The parking spaces were within eight feet of his
bed and he had to live with this every night and they
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MARCH 19, 1996
were out there until 11 : 00 p.m. and 12 : 00 p.m. every
night.
MR. RAY WINNER, 74-039 San Marino Circle, a resident
behind the parking lots, stated that he did not object
to the business but management of the parking lot was
very poor. There was so much noise it was out of
control . He had talked to Code Enforcement, tried to
talk to the manager of Ruth' s Chris, and the big problem
was that no one wanted to take any authority to do
anything about controlling it. There was valet parking.
The problem was that there was no one to control the
auto alarms and the noise after they come out of the
businesses . His bedroom was only about 13 feet from the
parking lot, the west side of the parking lot where
there were 16 parking spaces . He had an agreement with
Ron Gregory through Ruth' s Chris that no one would park
in there at night because there were hundreds of car
doors being slammed every night. When it first started
they jumped up every minute to see if someone was out
there. It continues and goes on continuously. He
didn't think putting more cars in that parking lot would
solve the problem.
Commissioner Ferguson asked Mr. Winner when the noise and
nuisance he talked about occurred.
Mr. Winner said that it started around 6 : 00 p.m. and
ended around midnight. He also said that they had a
real problem with the employees of this business . They
parked right up against the wall . There was a lot of
noise going on and they came out late at night anywhere
from 10 : 15 p.m. to 11 :45 p.m. and they made all kinds of
noise. He tried to get this worked out on a one-to-one
basis . That hasn't worked. He knew that growth in the
city was important but what happened was that no one
wanted to take the authority to control this lot. They
ended up being the watchdog for this and there was a lot
of other things going on in that lot. He felt at one
time that they should have security out there. The
Sheriff ' s Department pulls stolen cars out of there,
people leave there drunk and get into arguments and
they' re out there at 11 : 00 p.m. screaming, and this went
on all the time. Auto alarms go off and run 15 minutes
at a time. He objected to the project.
Chairperson Beaty said that Mr. Winner was describing a
situation that was not really being addressed with this
conditional use permit. He was not saying that the
commission was not concerned, but he was asking for comments
to help this problem.
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MARCH 19 , 1996
MR. RICHARD OLIPHANT, 45-500 Navaho Road in Indian
Wells, stated that what they were discussing tonight was
not an issue for this public hearing because they were
talking about something that did not occur in the
evening or late at night . He wanted to comment though.
They did have some consideration for them and did
sympathize with the situation. At the time they built
that building in 1991 they attempted to buy all the
houses in that area. They were not able to buy those
two houses so they were forced to build around them,
which was fullyapprovedthroughlegal the le al process here
in Palm Desert. That didn ' t excuse the fact that they
were being disturbed by a lot of noise at night.
Unfortunately, the quality of help they got in valet
service was not always the greatest and they did bang
doors, bumped the horns, parked the cars and set off
alarms . That was inherent in the valet business . It
was something that he no control over because the valet
company didn' t work for him. They work for Ruth' s Chris
and they have talked with Ruth' s Chris on a regular
basis . They were in the process right now with
negotiating with Ruth' s Chris with regard to the quality
of the valet service to try and upgrade that . Hopefully
they would be able to achieve that within the next 30-45
days . The issue being discussed tonight dealt with Rick
and Shelley Muro and he had tried to assist them because
it was a well established business in Palm Desert . This
business was in a real terrible situation when they came
to him and asked for his assistance. The reason there
was a period of time between the actual time they moved
in and the application before commission was because
they did two things . One, he couldn' t allow them to
move in there and pay a TUMF fee. There was a huge TUMF
fee on that type of business . He went to the traffic
commission of CVAG to discuss the TUMF fee because this
was a temporary use. They paid a TUMF fee where they
were at now and would pay a TUMF fee where they were
going, this was just a stopover until they get to their
ultimate destination. He helped write those original
TUMF laws when he was Mayor of Indian Wells . He went to
CVAG and suggested that there was something that they
had missed at the time they wrote those laws because
they hadn' t considered temporary uses and should. It
was considered by the traffic commission and they waived
the TUMF fees for this temporary move . He took that to
the executive committee and they waived it as well .
During that time Mr. Drell and his staff did traffic
studies . Once they had all that information they put it
all together and got the application in. He said this
was a temporary use in his building. Mr. Muro couldn' t
stay there beyond 12 months from when he moved in, or
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February 28 actually. That date was arrived at because
they put together a development construction schedule
for the site he was going to. He felt that was a pretty
legitimate schedule and felt they would be able to meet
that schedule. In any event, if for some reason the
building started to unravel or Mr. Muro' s financing did
not come together liked he hoped, or if they were not
able to achieve the kind of parking he needs on that
site which was under study and consideration right now,
it would be necessary for him to find another site
someplace else and get busy working on that. What they
were trying to do was clear those issues up immediately
so that his options were open to him and he could stay
in business, could grow and be a worthwhile business to
the city of Palm Desert, which he believed he was .
Commissioner Ferguson stated that his comments were
particularly in regard to one sentence in the staff report
that said that failure to comply with these dates would
result in further hearings and possible revocation of the
conditional use permit. There was a less than sterling track
record in certain of our temporary provisional programs to
assist people and he wanted to make clear, in fairness to Mr.
Oliphant and his tenant, that if there wasn' t a new facility
and he was not in it one year from the date indicated, there
would be in his opinion no extension and no continuation. He
could fully appreciate, although he didn't understand why,
the situation Mr. Muro found himself in and as indicated to
the applicant, he was willing to work with him but didn't
want to create any illusions with anyone about this being
anything more than a reluctant, temporary situation.
Mr. Oliphant stated that he concurred completely. Under
the CVAG rules for TUMF it was not the tenant but the
building owner that was responsible for the TUMF fees .
Under this temporary use that CVAG created it was good
for 12 months . At the end of 12 months if he was still
in that space one day beyond 12 months he would have to
write a check for those TUMF fees and he didn't intend
to write that check.
Chairperson Beaty closed the public hearing and asked for
commission comments .
Commissioner Jonathan stated that he appreciated the comments
from Mr. Tryon and Mr. Winner, the surrounding residents,
because they provide a good illustration for the commission
on the adverse impacts that could result from inadequate
parking. He hoped they as a commission would learn from the
experience and comments and be more sensitive to that very
important problem because it directly impacted in a very
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MARCH 19, 1996
negative way people' s real quality of life. He also felt
there were occasions when exceptions were called for and in
this particular case he felt the application, if it was
permitted, was not where their problem was but with the
existing uses that were there. He felt they, along with
other concerned neighbors, needed to work with the city to
examine specifically the hours of operation that were allowed
under the conditional use permit and the other provisions
that probably didn' t allow the use to continue when these
types of problems were created. He heard them say they had
been working with staff, but that it had not been effective.
He invited them to try one more time and if it continued to
be ineffective, they should come back to the Planning
Commission and advise them that there was an existing use
adjacent to their property that appeared to not be complying
with the conditional use permit and the commission would take
it from there. With regard to the application, he recognized
the existing problem and felt they might be adding to the
existing problem, but in this case he felt an exception was
warranted. The reason for that was articulated by the
applicant and his representative. There would be a benefit
to the overall community of Palm Desert and he felt they
could live with the inconvenience for one year given the
result that would take place one year from now. In light of
that he suggested that condition #7 be modified to allow
extended use beyond the time limits indicated. An additional
one and a half hours would have activities concluding by 7 :45
p.m. and the place vacated by 8 : 00 p.m. He felt that met the
applicant' s requirements . He also felt that needed to be
conditional on the applicant obtaining written agreement for
the use of ten or more parking spaces elsewhere. That would
satisfy that particular need. He noted that he drove past
the facility every night and there was a bit of a traffic jam
when patrons were using the facility. He suggested some type
of window covering along the Portola windows which were fully
open to the traffic; it didn't need to be anything fancy, he
wasn't talking about wooden shutters or blinds, but temporary
paper covering or something suitable that would be adequate,
between four to six feet up minimum from the ground level so
that the view was partially obscured. He was suggesting that
as a condition of approval . With those revisions, he would
make a motion for approval .
Mr. Drell added that in response to the video tape and the
specific complaints, staff informed Ruth' s Chris and the
valet company that unless they address the problem identified
by the neighborhood, they would revoke that particular valet
parker' s permit. Unfortunately, staff relies on the
neighbors to tell us whether the city' s response was
effective. If they are telling us that there hasn't been a
significant improvement in the last two or three months since
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MARCH 19 , 1996
the ultimatum was given, that was what Mr. Oliphant, the
owner of Ruth' s Chris , and staff needed to know so that the
threat to the valet parking service could be carried out. If
that was the best this valet service could do, then it ' s not
good enough and he would no longer be in business on that
site . He was sure it was a very lucrative valet parking
contract, probably one of the most lucrative in Palm Desert,
and he was sure there were other people who could operate it .
The abuses seen on the tape were not inherent in the use,
there was an absolute disregard for common courtesy and
should be able to be corrected.
Chairperson Beaty asked for clarification from Mr. Winner
that he has an agreement with Ron Gregory regarding those
parking spaces and if those were the same parking spaces they
were now asking to use .
Mr. Winner indicated there were 16 parking spaces that
were partially covered; he has had an agreement with Ron
Gregory since the parking lot was put in that no cars
would park in those spaces at night. Those spaces were
13 feet from his bed.
Chairperson Beaty asked if that agreement was in writing.
Mr. Winner said it was a verbal agreement he has had
with Ron Gregory for four years . On the other side it
was wide open parking.
Mr. Oliphant said those were not the same spaces . That
was the reason Ron Gregory restricted the number of
spaces to ten because he didn' t want to violate that
agreement .
Mr. Drell noted that there would still be no parking up
against that wall on the east side of the parking lot, which
was the resident ' s west wall . Those covered parking spaces
that park into that wall would still be prohibited and not
used. He asked Mr. Oliphant if those spaces were the ones
toward the building and front of the building. Mr. Oliphant
replied yes, the spaces toward Portola .
Chairperson Beaty asked how the commission could possibly
restrict the use of those ten spaces to only the people using
the Fitness Mart. Mr. Drell said that because all the other
spaces were valet parked by Ruth' s Chris valet parkers , there
were essentially only three business using that lot : Tsing
Tao, Ruth' s Chris and now the Fitness Mart. He asked if the
aerobics people could use the valet, because he understood
they do use the valet service. Mr. Muro said that was
correct . Mr. Drell said that in essence they were increasing
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MARCH 19, 1996
the total number of spaces and those spaces would not be
restricted to the valet, they would be open spaces . The
Fitness Mart people were the ones most likely to use them.
Commissioner Campbell asked for clarification that those
spaces right now were not being used by anyone; Mr. Drell
replied that right now none of Ron Gregory' s spaces were used
other than by people who stay late in those offices . The
change would be that the spaces towards Portola would be
available until 8 :00 p.m. They would not be available to the
valet until midnight, but only until 8 : 00 p.m. when the
aerobics classes closed down.
Mr. Oliphant said it was not their intent to allow the
valet to use any spaces they weren' t currently using.
It was only by instruction by Rick Muro to those people
who use that class to show where they can park. He
didn' t intend to allow Ruth' s Chris to use them.
Commissioner Ferguson asked what Mr. Oliphant ' s experience
was with the traffic volumes and the parking there in the
late spring, summer and early autumn months .
Mr. Oliphant said it was very light, both restaurants
dropped substantially.
Commissioner Ferguson stated that the staff report said that
Mr. Muro successfully negotiated a lease with 111 Town Center
and asked Mr. Muro if that was true.
Mr. Muro said that was true. They had letters from them
with negotiations in price per square footage, common
area benefits and they actually had in a meeting with
him and all the other tenants brought it to everyone ' s
attention that they were not going to renegotiate not
only the existing tenants ' leases, because they were
only paying common area charges and no rental fees at
this point in time, but they also were not going to be
continuing through the entitlements they got through the
City Council and Planning Commission. They were
entertaining three bids at that time for the sale of
that business .
Commissioner Ferguson asked if Mr. Muro had an executed lease
before he terminated his existing lease.
Mr. Muro replied no, he did not.
Commissioner Campbell stated that she concurred with
Commissioner Jonathan. She felt that for the temporary time
they would be there that the additional ten spaces would be
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MARCH 19, 1996
adequate and that they should stay open until later because
when she gets off of work and wanted to exercise, everything
was closing. She would be in favor of them having the ten
spaces and to stay open until 7 :45 p.m. for the classes and
closing the facilities at 8 : 00 p.m.
Commissioner Ferguson stated that he was supportive of the
concept of helping out a local businessman, particularly a
long-term local businessman and one that he knew.
Notwithstanding that fact, he did not support the elimination
of condition #7 but would support in part a modification to
it during summer months if that could be worked out. He felt
it would be a total abdication of their responsibility as
commissioners to increase a known, existing problem that
needed to be addressed. Both of the adjacent residents
indicated a problem with evening hours and limitation of the
use would limit the evening hours . The applicant indicated
that the number of people in the evening class was relatively
small . He didn't like to limit when people could or could
not do business because he was a very free market person, but
there was a problem there and the commission was charged with
taking care of that problem. He sympathized with the problem
faced by the applicant, but he did not believe his problem
should become the city' s problems and didn't think with the
compromise worked out by Mr. Smith that it would become the
city' s problem as drafted. He would support the application
based on the express representation by Mr. Oliphant that TUMF
fees would not be paid after next February and there would be
no further aerobics use after one year from the date that
they first opened. He would support the application in its
entirety but would entertain modification to condition #7
during summer months only. Other than that he was generally
supportive and genuinely appreciative of the staff work and
the effort that went into this .
Mr. Smith asked for clarification about the October 1st date
to vacate. Commissioner Ferguson stated that when he read
the staff report it sounded like there weren' t a lot of
assurances as to the alternative use and then in the oral
report he heard more about some plans and assurances and the
applicant said he was very comfortable, so he did not need to
add an October 1st date, particularly in light of Mr.
Oliphant ' s explanation about the TUMF fee situation. He was
comfortable the use would not be in longer than one year.
Chairperson Beaty agreed with Commissioner Ferguson and asked
when the applicants expected the evening business to subside
( i .e. what month and what time for the evening classes) .
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MARCH 19 , 1996
Mr. Oliphant stated that Ruth' s Chris ' business started
dropping off at the end of May and started up about mid
November.
Chairperson Beaty said that he was in agreement with
Commissioner Ferguson about wanting to help but trying to
stay away from that evening problem. He asked the other
commissioners how they felt about allowing May 15 through
November evening classes and prohibiting evening classes
outside those dates .
Commissioner Campbell asked if they were just talking about
the evening classes for Suite J. Chairperson Beaty
concurred.
Commissioner Jonathan stated that he expressed how he felt
and put a motion on the table and thought there was a second
and called for the motion to see how the commission stands .
The motion was not to eliminate condition #7 , but to modify
the hours by extending them one hour and a half and that
would impact the next month and perhaps three months into
next year. It was a temporary situation and he felt with the
addition of the ten parking spaces that this was one
particular instance where the commission could afford to be
a little flexible, particularly because of the track record
of the applicant and the intent and objective that he has and
the benefits that would accrue to the city at that point .
For those reasons , he was in favor of modifying condition #7
and the motion as amended would stand.
Chairperson Beaty stated that before taking action on the
motion he would ask for further commission comments .
Commissioner Fernandez stated that he was in favor of the
amendment as expressed by Commissioner Jonathan.
Chairperson Beaty called for a second to the motion.
Action:
Moved by Commissioner Jonathan, seconded by Commissioner
Campbell, approving the findings as presented by staff .
Carried 3-2 (Chairperson Beaty and Commissioner Ferguson
voted no) .
Moved by Commissioner Jonathan, seconded by Commissioner
Campbell , adopting Planning Commission Resolution No . 1730 ,
approving CUP 96-6 , subject to conditions as amended.
Carried 3-2 (Chairperson Beaty and Commissioner Ferguson
voted no) .
23
STAFF REPORT
CASE NO. CUP 96-6
APRIL 25, 1996
The staff report prepared for planning commission basically
took the position that due to the extremely tight parking
situation in the Ruth' s Chris parking lot (which was confirmed
by evening parking counts ) we would be reluctant to grant a
C .U.P. for this type of use ( i .e . high traffic generator) .
However, there appeared to be extenuating circumstances in
that the use would be a temporary one and the applicant had
negotiated the termination of his current least at Palms to
Pines West when he thought he was going to relocate in the
One-Eleven Town Center. When the One-Eleven Town Center
owners decided not to execute the lease the applicant was left
without a place to do business . Considering this and the fact
that he had contracts with several hundred city residents
staff took the position that we should try to approve the use,
on a temporary basis only, and try to mitigate as much as
possible any impacts .
Staff took the position, based on the day and evening parking
counts , that the use could operate fully up until about
6 : 00 p.m. After that time the restaurants become very active
and the parking lots very full . Staff proposed a condition to
planning commission that the aerobics classes not operate
after 6 : 15 p.m. but that the gym section could operate through
the evening.
The applicant arrived at planning commission with a verbal
agreement from Ron Gregory, owner of part of the property to
the north to allow his customers to use up to ten parking
spaces in the north lot which are presently only available to
office users . Based on the additional parking, the planning
commission amended the staff recommendation to allow aerobic
classes until 7 : 45 p.m. At the planning commission hearing
two residential neighbors from the area north of the parking
lot appeared and expressed concern that we would be increasing
the intensity of use of this property in the early evening
hours and that would impact on their residential environment.
Mr. Oliphant, appearing with Mr. Muro, gave the planning
commission assurance the he would work with the residents to
reduce the noise from the restaurants/valet parkers .
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MARCH 19, 1996
anyone wished to speak in FAVOR or OPPOSITION to the
proposal . There was no one and the public testimony was
closed.
Commissioner Jonathan noted that he expressed a concern
initially when this matter first came before the commission
and he still had that concern. He felt that there was a
serious parking and serious circulation problem in that area.
He had been involved with local banking for over ten years
and he was familiar with the demand for parking spaces and it
was intense, particularly on payday. Many people,
particularly in the Cook Square area, could envision coming
in to cash their paychecks on the 15th of the month, at the
end of the month, or on Fridays and it was a real problem
getting in and out of that facility and a real problem in the
general area beyond this particular property. He felt that
any kind of usage, and of this nature in particular, would
only make the problem worse. He was not in favor of the
application in that location for that reason.
Chairperson Beaty asked for any other comments . There were
none. He requested a motion.
Action:
Moved by Commissioner Ferguson, seconded by Commissioner
Campbell, approving the findings as presented by staff .
Carried 4-1 (Commissioner Jonathan voted no) .
Moved by Commissioner Ferguson, seconded by Commissioner
Campbell, adopting Planning Commission Resolution No. 1729 ,
approving CUP 96-5, subject to conditions . Carried 4-1
(Commissioner Jonathan voted no) .
E. Case No. CUP 96-6 - RICK AND SHELLEY MURO, Applicants
Request for approval of a conditional
use permit to allow the temporary
operation of a 4248 square foot health
club including gym equipment, exercise
classes, physical therapy and related
uses in Suites B and J of the building
located at 74-040 Highway 111 .
Mr. Smith stated that the property in question was at the
Ruth' s Chris building at Highway 111 and Alessandro. The
applicants had been in business in Palm Desert for ten years .
In late 1995 they had negotiated a lease for 17 ,000 square
feet of space in the 111 Town Center and negotiated a
termination of their current lease in the Palms to Pines
Center at that point. Festival Management later notified
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MARCH 19, 1996
them that the owners had chosen to not execute any leases due
to the potential sale of the 111 Town Center. Thus the
applicants were left with a business but no place to operate.
They needed to find immediate tenancy with minimal
improvements . Mr. Dick Oliphant offered them the property in
question. They opened late in January without benefit of
appropriate permits . On February 15 staff received the
conditional use permit application. Staff seriously looked
at closing them down at that point, but given the
circumstances of them losing their previous lease and having
commitments to existing members, staff felt it warranted some
leeway. As well, allowing them to continue to operate
allowed staff to do a meaningful parking survey at various
times of the day and night. The applicant ' s long term goal
was to create his own facility and even though it wouldn' t
now be in the 111 Town Center, he still had that goal . Mr.
Smith indicated that Alessandro divided what staff considered
as one complex. It was considered that way when Ruth' s Chris
and Tsing Tao were approved back in 1991 . There was a total
of 40, 000 square feet. The south building adjacent to
Highway 111 has 28,000 square feet and the north building on
the north side of Alessandro has 12 , 000 square feet. There
were two existing restaurant uses, Ruth' s Chris at about
60, 000 and Tsing Tao at 2, 000 square feet, so they were
within the 20% range for parking purposes, which was one of
the main concerns back in 1991 . He noted that both
restaurants do quite well, which the parking lot reflected.
There was a total of 128 parking spaces supporting the
building. Adjacent to the restaurants were 46 spaces
including two handicapped spaces . On the north side of
Alessandro there were 82 spaces, 64 open spaces, and 18
reserved/covered spaces . Those were the spaces towards the
west end around the building with Ron Gregory' s office.
Tsing Tao is open for lunch and at that time of day there
were 128 spaces available to serve the two complexes . During
the day the south lot was crowded at about 74% occupancy.
That reflected the impacts created by the Fitness Mart. They
did a substantial business during the day and staff still
came out with 74% in the survey of approximately 10-12
entries . During the day in the north lot there was a lot of
parking. In a 64 space area there was 21 .5% occupancy, in
the covered area 62% occupancy which reflected the office
use. At night things changed dramatically. The parking
counts confirmed that the restaurants do well . The south lot
adjacent to the restaurants was full after 6 : 15 p.m. The
restaurants seem to get fuller by about 6 : 45 p.m. At that
point the north lot ( 64 available spaces) was at capacity
plus . The valet parkers were sticking cars in aisles and
making use of all space. The 18 reserved spaces were
generally not used. The survey showed two or three cars in
there but that probably reflected the office use, although
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the people doing the counts did note some people went to the
restaurants and the Fitness Mart from those spaces also.
Staff indicated that not too long ago there were complaints
from residents on the north side of the north parking lot
about the valet parkers creating noise. Staff met with the
manager of Ruth' s Chris which hired the valet parking firm.
He assured staff that the problem would be taken care of and
staff has not had any further complaints . As noted in the
staff report, normally staff would not consider adding
another high traffic generating use, but there seemed to be
extenuating circumstances here. What was more important was
the temporary nature of the request. The applicant was
seeking approval to operate until February 28, 1997 . Staff
reviewed it to determine what would be acceptable for about
one year and also met with the applicant last week to hear
what the proposal was for the new facility. If it was real
or a mirage. The applicant brought in plans and showed staff
a proposal for the area at the northwest corner of Monterey
and Fred Waring. The plans were well on the way and quite
detailed. They needed additional work but were in process .
He said it could be done so that he could move by next
February if the proposal was approved and building permits
were pulled by September 1, 1996 . In talking with the
applicant and building director, he feels the proposal he has
could be constructed in six months . What could the city do
to the health club use to limit its impact, but still give
them a facility to operate out of until February 28? Staff
came up with a situation where they wanted the aerobics
classes to cease by 6 : 16 p.m. and the doors locked, the
building vacant and the people out by 6 : 30 p.m. They would
still be able to operate the gym facility but it had been
staff ' s experience that the evening aerobics classes were
typically the traffic generators . Staff ' s recommendation was
to grant the conditional use permit for a temporary period
expiring February 28, 1997, subject to the conditions
limiting the health club use after 6 : 15 p.m. , plus the other
conditions noted in the draft resolution. Basically, there
were stipulations that the applicant must make application
for the new site no later than May 15, 1996 and the building
permits be issued with construction commenced no later than
September 1, 1996 . He asked for any questions .
Commissioner Campbell asked for a clarification as to what
related uses meant. Mr. Smith replied such things as weight
lifting since it was a full gym facility. He felt the
applicant might better address those uses . Commissioner
Campbell asked if massage parlor was included in the related
uses; Mr. Drell replied that related uses could include
massage. Massage associated with a health club was permitted
by the city ordinance, assuming the masseurs and masseuses
were licensed per city requirements .
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Commissioner Ferguson noticed on the investigative report
from February 5, 1996 , that it was determined that the
facility had relocated without a conditional use permit,
without a business transfer license, without a certificate of
use, and with unapproved tenant improvements . He asked if
any of those conditions had been remedied as of today, other
than the obvious . Mr. Smith replied that staff was also
withholding a banner permit because they did not have a legal
use there and staff didn' t want to issue a permit on a sign
for a business that might not be legal . He felt that was
probably also true of the business license . Mr. Drell
concurred. He explained that as soon as staff knew the
business was there, staff had to determine if the use needed
a conditional use permit. They would therefore not issue
them a business license until they received approval of a
conditional use permit . They immediately did some parking
surveys, even before they applied, to determine if the
situation was so unacceptable that it was a serious threat to
life, property, health, safety, etc . Staff determined at
that time that although there would ultimately be some
problems, there wasn' t an eminent danger to the public to
have it operating. It was a unique sort of use in that the
property owner contracted to provide services for a lot of
people in the city. It wasn ' t like a business where if they
shut their doors, people don ' t buy from them. He has to
provide service to these people. Given the applicant ' s
position in the business community, his history in the
business community, and the fact that he was serving
residents of Palm Desert, staff determined that given the
fact that there wasn ' t an eminent, horrible problem staff
would allow them to operate while staff expedited this
process to get a determination to see if he could have this
temporary use .
Chairperson Beaty opened the public testimony and asked the
applicant to address the commission.
MR. RICK MURO, 93-744 Olive Court in Palm Desert, stated
that in conversations with Mr. Drell and Mr. Smith last
week when he presented the plans for their future
location they discussed the conditional use permit,
specifically condition #7 where they would have to
vacate and lock up unit J. They did have a class that
runs 6 : 3 0 p.m. to 7 : 3 0 p.m. Monday through Thursday. At
that time he asked Mr. Drell , in order to mitigate
having to close that, what they could do. His response
was for them to get additional parking available at the
Orange Coast Title building, which was Ron Gregory' s
building. He was told by Mr. Oliphant that this was
done as of yesterday. Mr. Gregory allowed them to use
those spaces until 8 : 00 p.m. Under the conditions of
12
Rick Muro
The Fitness Mart
74-040 Hwy. 111 Suite `B"
Patin eitt;ECA 92260
t�CEiVED
'96 ilpR 10 P(1 9 05
'96 FPP 10 PM '
April8, 1996 CITY CLERK'S OFFICE
i.-i i CLERK'S OF
Major Walter Snyder
73-510 Fred Waring Dr.
Palm Desert, CA 92260
Dear Walt,
Enclosed please find a letter to Phil Drell in which I clarify questions surrounding the Fitness Marts recent
CUP 96-6 issued by the Planning Commission. I will attempt to contact you personally so that we can discuss
any concerns you may have.
spectf dly,
•
'ck Muro
The Fitness Mart
Ends.
Rick Muro
The Fitness Mart
74-040 Hwy. 111 Suite "B"
Palm Desert, CA 92260
April 8, 1996
Mr. Philip Drell
City Planning Commission
73-510 Fred Waring Dr.
Palm Desert, CA 92260
Dear Phil,
I am writing you subsequent to our 4/2/96 meeting in which you had informed me of the City Councils
concern over CUP 96-6. As per our conversation, I will be glad to clarify the conditions under which we vacated
our previous location,negotiations with the One Eleven Town Center and current status on our Athletic Club.
First let me point out the reasons for denial given to the Fitness Mart in a letter dated 2/6/96 from Patrick
Bedrosian,to do business as a HEALTH CLUB at the 74-040 location: Use requires more parking than use
space per 250 sq. ft. Chapter 25.58.311 requires a Conditional use Permit. Therefore, I stress that our CUP, as
per this letter,be awarded based on the merits of parking use. Additionally, let me point out that in my
application for a CUP, I stated simply;that we had negotiated for a lease of over 17,000 sq. ft. in the One Eleven
Town Center,we were later informed the landlord had chosen not to execute any leases due to the potential sale
of the property;we had negotiated a termination to our then current lease at Palms to Pines, and we were then,
and are currently,planning a 17,000 sq. ft. Athletic Club at the Northwest Corner of Fred Waring and Monterey
Ave.
To review my contentions made in our meeting,in early 1995 I began investigating the possibilities of a move
and expansion of the Fitness Mart. From the research I conducted it appeared the One Eleven Town Center was,
for various reasons, our best option in Palm Desert. Conversations began with leasing agent Sharon Courtway
first in September 1995 discussing the lease of 7500 sq. ft.,then negotiating for over 12,000 sq. ft. (encl.) and
finally in November the possibility of retrofitting the entire 17,000 sq. ft. North end unit. It was not until the
beginning of December, as I have said,that we were invited to a meeting along with all the other tenants of the
building and told the owners were not only not going to execute any leases,but they were also not going to
proceed with any of the entitlements sought from the city. At no time were we ever informed prior to this that
the offer made to the Fitness Mart from the agent was not valid.
Concurrent to our negotiations with the One Eleven Town Center I had, as stated,negotiated a termination to
our lease at the Palms to Pines Center. Unfortunately,the landlord later reneged his position and a law suit was
commenced. Our issues have since been resolved through a stipulated agreement.
Because of the complex nature in which the One Eleven Town Center is managed, our communications
during these months were very slow. Therefore, as our agreed upon date to vacate approached and negotiations
dragged on with One Eleven Town Center and due to the on going nature of our business, it was necessary to
look for temporary tenancy. I then contacted Mr. Richard Oliphant and ask to lease the unit we now occupy on
a temporary basis until the improvements could be made at the One Eleven Town Center.
•
Page 2(Font.)
It was not until the first of December when we were notified of the Centers intentions not to execute any leases
that I realized that we were back to square one in regards to our expansion of the Fitness Mart. I then
consummated a formal lease for a temporary period with Mr. Oliphant at the 74-040 Hwy. 111 site. It was not
until we had completely relocated when I went to change the address on our business license, that I was made
aware of the necessity for a CUP.
Continuing with our original intention to expand and move our club,we began immediately working with Mr.
Oliphant on a multi-purpose Athletic Club on his property at Monterey and Fred Waring Ave. At the present
time we have presented preliminary plans and had discussions with yourself and Mr. Smith as to the`feasibility"
of the Athletic Club project. I am of the belief that these conversations have been in the affirmative. We are very
excited about the project and again are sure that we will be a major asset to the community not only financially
but also socially. Financing of this project is being placed privately and though Valley Independent Bank as an
SBA guaranteed loan. I will explicitly, stand by my agreed upon stipulation in this CUP to submit formal plans
by May 15, 1996 and start construction by September 1, 1996 whether at this site in Palm Desert or somewhere
else in the valley.
I hope this clarifies any questions you or the council may have. Please feel free to contact me if there are any
further questions.
Respectfully,
Rick Muro
Fitness Mart
Encl./cc
Mayor,Walter Snyder
Mayor Pro-Tempore, Richard Kelly
Jean Benson
Buford Crites
Robert Spiegel
Richard Oliphant
•
FESTIVAL MANAGEMENT CORPORATION
October 27, 1995
Mr. Rick Muro
FITNESS MART
72-624 El Paseo
Suite C-1
Palm Desert, CA 92260
RE: FITNESS MART
ONE ELEVEN TOWN CENTER
PALM DESERT, CALIFORNIA
Dear Rick:
Festival Management Corporation, acting as the exclusive leasing agent for One Eleven Town
Center, is presenting the following offer to lease, based on the following terms and conditions
which shall be included within a mutually acceptable agreement:
1. Tenant: Rick Muro
2. Tenant's Store Name: Fitness Mart
3. Premises: Gross Floor Area: Approximately 12,267 square
feet
4. Location/Space #: Pad 9 - Spaces A - H
5. Purpose: Fitness center with physical therapy.
6. Commencement Date: 60 days after the "Turn-Over Date".
18593 Main Street, Huntington Beach, CA 92648
(714) 843-6858 Fax: (714) 841-6745
Mr. Rick Muro
October 27, 1995
Page 2
7. Term: Ten (10) years
8. Minimum Rent: Per Square Foot
Year 1: $1.10
Year 2: $1.15
Year 3: $1.20
Year 4: $1.25
Years 5 - 10: The rent to be increased annually by
the CPI with a Minimum of 3% and
a maximum of 6%.
9. Rent Abatement: The minimum Base Rent to be abated for the first
three (3) months after Tenant opens for business.
Then one-half rent for the following four (4)
months.
10. Additional Charges: (NNN) Tenant shall pay its pro-rata share of taxes,
common area maintenance and insurance as
described in Landlord's Lease Agreement which are
currently estimated to be $ .34 per square foot and
are payable monthly.
11. Promotional Fund: $ .25 per square foot per year
12. Prepaid Rent: An amount equal to one month's rent
13. Security Deposit: An amount equal to one month's rent
14. Tenant's address and phone number for notices:
To be provided
18593 Main Street, Huntington Beach, CA 92648
(714) 843-6858 Fax: (714) 841-6745
Mr. Rick Muro
October 27, 1995
Page 3
15. Exterior Signage: Maximum allowable on building fascia, as allowed
by city law and regulations, subject to Landlord's
approval.
16. Landlord's
Improvements Landlord will deliver the space in raw shell condition with
the HVAC in good working order. In addition, the roll-up
door in the rear to be removed.
17. Additional Basic
Provisions: Landlord's Tenant Improvement Allowance.
Landlord shall give Tenant a cash allowance of $5.00
toward the cost of Tenant's Work as set forth in Exhibit
"B" (the "Tenant Allowance"). The Tenant Allowance will
be paid thirty (30) days after Tenant opens the Premises for
business, and satisfaction of all of the following conditions:
(i) submission by Tenant to Landlord of a copy of the
Certificate of Occupancy obtained by Tenant for its
Premises, (ii) submissions by Tenant to Landlord of
Tenant's contractor's sworn statement that all Tenant's
Work has been paid for in full, or other evidence
satisfactory to Landlord that all of Tenant's Work has been
paid in full, and (iii) inspection and approval by Landlord
or its architect of Tenant's Work, which approval shall not
be unreasonably withheld or delayed if Tenant's Work
complies with the Approved Construction Plans. In the
event Tenant is in default of any of it obligations set forth
in the Lease at any time during the Term which default is
not cured within the applicable cure period, in addition to
any other rights or remedies Landlord may have as a result
of any such default, the entire amount of the Landlord
allowance herein referenced shall become immediately due
and payable by Tenant to Landlord.
18593 Main Street, Huntington Beach, CA 92648
(714) 843-6858 Fax: (714) 841-6745
Mr. Rick Muro
October 27, 1995
Page 4
18. Broker: Sharon Courtway - Festival Management Corporation
19. Expiration Date: November 3, 1995
The above terms and conditions are intended to be a proposal to lease and shall not be construed
as a binding contract between Tenant and Landlord. A final agreement is subject to a mutually
acceptable lease agreement between Tenant and Landlord, and review of Tenant's financial
statement.
This proposal to lease the Premises at the stated conditions shall expire November 3, 1995,
subject to the Premises being leased prior to that date. Landlord reserves the right to rescind
the proposal contained herein at any time, in which event this proposal shall become of no
further force and effect on either party.
Sincerely,
FESTIVAL MANAGEMENT CORPORATION
1/0
Sharon Courtway
Senior Retail Associate
SC:ar
cc: George Wilson
MacFARLANE PARTNERS
sc\fitness.pro
18593 Main Street, Huntington Beach, CA 92648
(714) 843-6858 Fax: (714) 841-6745
Rick Muro
The Fitness Mart
74-040 Hwy. 111 Suite `B"
Palm Desert, CA 92260 RECEIVED
APR 1 0 1996
April 8, 1996 COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF PALM DESERT
Mr. Philip Drell
City Planning Commission
73-510 Fred Waring Dr.
Palm Desert, CA 92260
Dear Phil,
I am writing you subsequent to our 4/2/96 meeting in which you had informed me of the City Councils
concern over CUP 96-6. As per our conversation, I will be glad to clarify the conditions under which we vacated
our previous location,negotiations with the One Eleven Town Center and current status on our Athletic Club.
First let me point out the reasons for denial given to the Fitness Mart in a letter dated 2/6/96 from Patrick
Bedrosian,to do business as a HEALTH CLUB at the 74-040 location: Use requires more parking than use
space per 250 sq. ft. Chapter 25.58.311 requires a Conditional use Permit. Therefore, I stress that our CUP, as
per this letter,be awarded based on the merits of parking use. Additionally, let me point out that in my
application for a CUP, I stated simply;that we had negotiated for a lease of over 17,000 sq. ft. in the One Eleven
Town Center,we were later informed the landlord had chosen not to execute any leases due to the potential sale
of the property;we had negotiated a termination to our then current lease at Palms to Pines, and we were then,
and are currently,planning a 17,000 sq. ft. Athletic Club at the Northwest Corner of Fred Waring and Monterey
Ave.
To review my contentions made in our meeting, in early 1995 I began investigating the possibilities of a move
and expansion of the Fitness Mart. From the research I conducted it appeared the One Eleven Town Center was,
for various reasons, our best option in Palm Desert. Conversations began with leasing agent Sharon Courtway
first in September 1995 discussingthe lease of 7500sq. ft.,then negotiating for over 12 000 s . ft. (encl.) and
eP g g q � )
finally in November the possibility of retrofitting the entire 17,000 sq. ft. North end unit. It was not until the
beginning of December, as I have said,that we were invited to a meeting along with all the other tenants of the
building and told the owners were not only not going to execute any leases,but they were also not going to
proceed with any of the entitlements sought from the city. At no time were we ever informed prior to this that
the offer made to the Fitness Mart from the agent was not valid.
Concurrent to our negotiations with the One Eleven Town Center I had, as stated, negotiated a termination to
our lease at the Palms to Pines Center. Unfortunately,the landlord later reneged his position and a law suit was
commenced. Our issues have since been resolved through a stipulated agreement.
Because of the complex nature in which the One Eleven Town Center is managed, our communications
during these months were very slow. Therefore, as our agreed upon date to vacate approached and negotiations
dragged on with One Eleven Town Center and due to the on going nature of our business, it was necessary to
look for temporary tenancy. I then contacted Mr. Richard Oliphant and ask to lease the unit we now occupy on
a temporary basis until the improvements could be made at the One Eleven Town Center.
Page 2(Cont.)
It was not until the first of December when we were notified of the Centers intentions not to execute any leases
that I realized that we were back to square one in regards to our expansion of the Fitness Mart. I then
consummated a formal lease for a temporary period with Mr. Oliphant at the 74-040 Hwy. 111 site. It was not
until we had completely relocated when I went to change the address on our business license,that I was made
aware of the necessity for a CUP.
Continuing with our original intention to expand and move our club,we began immediately working with Mr.
Oliphant on a multi-purpose Athletic Club on his property at Monterey and Fred Waring Ave. At the present
time we have presented preliminary plans and had discussions with yourself and Mr. Smith as to the `feasibility"
of the Athletic Club project. I am of the belief that these conversations have been in the affirmative. We are very
excited about the project and again are sure that we will be a major asset to the community not only financially
but also socially. Financing of this project is being placed privately and though Valley Independent Bank as an
SBA guaranteed loan. I will explicitly, stand by my agreed upon stipulation in this CUP to submit formal plans
by May 15, 1996 and start construction by September 1, 1996 whether at this site in Palm Desert or somewhere
else in the valley.
I hope this clarifies any questions you or the council may have. Please feel free to contact me if there are any
further questions.
- Cf&c, CH
7 s ectfully,
t
•
Muro
-��
Fitness Mart
Encl./cc
Mayor, Walter Snyder
Mayor Pro-Tempore, Richard Kelly
Jean Benson
Buford Crites
Robert Spiegel
Richard Oliphant
FESTIVAL MANAGEMENT CORPORATION
October 27, 1995
Mr. Rick Muro
FITNESS MART
72-624 El Paseo
Suite C-1
Palm Desert, CA 92260
RE: FITNESS MART
ONE ELEVEN TOWN CENTER
PALM DESERT, CALIFORNIA
Dear Rick:
Festival Management Corporation, acting as the exclusive leasing agent for One Eleven Town
Center, is presenting the following offer to lease, based on the following terms and conditions
which shall be included within a mutually acceptable agreement:
1. Tenant: Rick Muro
2. Tenant's Store Name: Fitness Mart
3. Premises: Gross Floor Area: Approximately 12,267 square
feet
4. Location/Space #: Pad 9 - Spaces A - H
5. Purpose: Fitness center with physical therapy.
6. Commencement Date: 60 days after the "Turn-Over Date".
18593 Main Street, Huntington Beach, CA 92648
(714) 843-6858 Fax: (714) 841-6745
Mr. Rick Muro
October 27, 1995
Page 2
7. Term: Ten (10) years
8. Minimum Rent: Per Square Foot
Year 1: $1.10
Year 2: $1.15
Year 3: $1.20
Year 4: $1.25
Years 5 - 10: The rent to be increased annually by
the CPI with a Minimum of 3% and
a maximum of 6%.
9. Rent Abatement: The minimum Base Rent to be abated for the first
three (3) months after Tenant opens for business.
Then one-half rent for the following four (4)
months.
10. Additional Charges: (NNN) Tenant shall pay its pro-rata share of taxes,
common area maintenance and insurance as
described in Landlord's Lease Agreement which are
currently estimated to be $ .34 per square foot and
are payable monthly.
11. Promotional Fund: $ .25 per square foot per year
12. Prepaid Rent: An amount equal to one month's rent
13. Security Deposit: An amount equal to one month's rent
14. Tenant's address and phone number for notices:
To be provided
18593 Main Street, Huntington Beach, CA 92648
(714) 843-6858 Fax: (714) 841-6745
Mr. Rick Muro
October 27, 1995
Page 3
15. Exterior Signage: Maximum allowable on building fascia, as allowed
by city law and regulations, subject to Landlord's
approval.
16. Landlord's
Improvements Landlord will deliver the space in raw shell condition with
the HVAC in good working order. In addition, the roll-up
door in the rear to be removed.
17. Additional Basic
Provisions: Landlord's Tenant Improvement Allowance.
Landlord shall give Tenant a cash allowance of $5.00
toward the cost of Tenant's Work as set forth in Exhibit
"B" (the "Tenant Allowance"). The Tenant Allowance will
be paid thirty (30) days after Tenant opens the Premises for
business, and satisfaction of all of the following conditions:
(i) submission by Tenant to Landlord of a copy of the
Certificate of Occupancy obtained by Tenant for its
Premises, (ii) submissions by Tenant to Landlord of
Tenant's contractor's sworn statement that all Tenant's
Work has been paid for in full, or other evidence
satisfactory to Landlord that all of Tenant's Work has been
paid in full, and (iii) inspection and approval by Landlord
or its architect of Tenant's Work, which approval shall not
be unreasonably withheld or delayed if Tenant's Work
complies with the Approved Construction Plans. In the
event Tenant is in default of any of it obligations set forth
in the Lease at any time during the Term which default is
not cured within the applicable cure period, in addition to
any other rights or remedies Landlord may have as a result
of any such default, the entire amount of the Landlord
allowance herein referenced shall become immediately due
and payable by Tenant to Landlord.
18593 Main Street, Huntington Beach, CA 92648
(714) 843-6858 Fax: (714) 841-6745
Mr. Rick Muro
October 27, 1995
Page 4
18. Broker: Sharon Courtway - Festival Management Corporation
19. Expiration Date: November 3, 1995
The above terms and conditions are intended to be a proposal to lease and shall not be construed
as a binding contract between Tenant and Landlord. A final agreement is subject to a mutually
acceptable lease agreement between Tenant and Landlord, and review of Tenant's financial
statement.
This proposal to lease the Premises at the stated conditions shall expire November 3, 1995,
subject to the Premises being leased prior to that date. Landlord reserves the right to rescind
the proposal contained herein at any time, in which event this proposal shall become of no
further force and effect on either party.
Sincerely,
FESTIVAL MANAGEMENT CORPORATION
6
Sharon Courtway
Senior Retail Associate
SC:ar
cc: George Wilson
MacFARLANE PARTNERS
sc\fitness.pro
18593 Main Street, Huntington Beach, CA 92648
(714) 843-6858 Fax: (714) 841-6745
MEMORANDUM
TO: PHIL DRELL, DIRECTOR OF COMMUNITY DEVELOPMENT
FROM: COUNCILMEMBER JEAN M. BENSON
SUBJECT: REQUEST FOR CITY COUNCIL REVIEW OF PLANNING
COMMISSION APPROVAL OF CONDITIONAL USE PERMIT FOR
THE FITNESS MART (RICK MURO, APPLICANT)
DATE: March 29, 1996
Please accept this memorandum as an official request or call up by the City Council for review
of t ubject Planning Commission approval.
/ L..
PM. BENSON
U<INCILMEMBER