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HomeMy WebLinkAboutCUP 97-10 74824 Lennon Place CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Honorable Mayor and City Council II. REQUEST: Consideration of an appeal of a Planning Commission decision approving a request by Mr. Rick Muro and Dr. Peter Greenberg for a Conditional Use Permit to allow the operation of a 22,000 square foot health club and future beer and wine license in the vacant industrial building at 74-824 Lennon Place. III. APPELLANT: Paul Lupo 79-355 Camino Amarillo La Quinta, CA 92253 CITY COUNCIL ACTION: IV. CASE NO: CUP 97-10 'PROVED DENIED ':DIVED OTKP. V. DATE: August 28, 1997 YrE — _- VI. CONTENTS: SENT: —A. Staff Recommendation "PAIN _- �. _ Q __ ,YFIED BY B. Background .ina1 on File with ( C. Discursion D. Draft Resolution No. E. Planning Commission Minutes involving Case No. CUP 97-10 F. Planning Commission Resolution No. 1820 G. Planning Commission Staff Report dated July 15 and August 5, 1997 H. Related maps and/or exhibits A. RECOMMENDATION: Deny the appeal and affirm the action of the Planning Commission. B. BACKGROUND: Pursuant to direction by Planning Commission and the City Council, Mr. Muro has actively pursued a replacement location for his existing athletic club operating at Highway 1 1 1 and Portola under a conditional use permit which expired October 1 , 1996, but has been extended by the City Council. STAFF REPORT CUP 97-10 AUGUST 28, 1997 The present request is to locate a 22,000 square foot full service health club in the west end of a vacant 29,000 square foot industrial building on the north side of Lennon Place east of Corporate Way. The Planning Commission considered this request at its meetings of July 1 5, 1997 and August 5, 1997. At the July 15, 1997 meeting several area business owners and property owners expressed concern with the proposed use and the impacts it could have on the area. Between the two meetings Mr. Muro worked to resolve the issues raised at the July 15, 1997 meeting. The principal concerns involve potential use of adjacent parking lots by the athletic club members, blocking of fire lanes and insurance liability. Mr. Muro agreed to provide a parking/security attendant to insure that athletic club members will park in designated spaces and away from Mr. Lupo's lot and fire lanes. In addition, Mr. Muro's insurance company has agreed to provide Mr. Lupo with a $1 ,000,000.00 Certificate of Insurance naming him as additional insured in the event an athletic club member files suit due to injury on his property. This assumes Mr. Lupo has his own primary liability insurance. Mr. Muro revised his parking layout in front of the building adding 13 parking spaces for a total of 80 on-site. The easterly 7,000 square feet of vacant space originally mentioned as a potential children's gym will instead be used by the owner for indoor storage of RV's and classic cars. Ten parking spaces would be made available in this area for staff and club members bringing the onsite total to 90. With the 68 onstreet spaces immediately adjacent to the site, the health club would have parking for 158 cars. Mr. Muro has submitted a club attendance analysis based on triple his present club membership which indicates peak demand (5:30 a.m. - 10:00 a.m. and 5:00 p.m. - 9:00 p.m.) to be 96 members. Even is all 96 members were simultaneously present and requiring a parking place, the available supply would be adequate. Mr. Muro's analysis is consistent with staff's analysis of peak capacity of each of the club activity areas which indicated a maximum demand of 115 spaces. At the August 5, 1997 meeting area business and property owners continued to oppose the application (see attached minutes) and presented photos to the 2 • STAFF REPORT CUP 97-10 AUGUST 28, 1997 Commission showing existing fire lane violations in the area. They feel that this existing problem would only be exacerbated by adding the gym facility to the area. After considerable discussion the Planning Commission determined that there was adequate parking available to meet the peak demands of the proposed athletic club. The parking problems described by Mr. Lupo were created by his own tenants and would not be impacted by the athletic club peak demand which will occur before 9:00 a.m. and after 5:00 p.m. Resolution No. 1820 was adopted approving the application subject to conditions. C. DISCUSSION: This timely appeal was filed August 14, 1997. Reasons for appeal are listed as "Off- street and on-street parking not adequate for amount of projected usage. The 2-2 vote at the July 15, 1997 meeting was a no vote". The parking issue was discussed at length during the hearings and in the staff reports. Planning Commission and staff concluded that there will be adequate parking for the proposed use. The initial 2-2 vote July 15, 1997 on a motion for approval was a failed motion. Subsequently, the commission voted 3-1 (Commissioner Jonathan voting no) on a second motion to continue the case to the next meeting. At the August 5, 1997 meeting the commission voted 3-0 (with Commissioners Jonathan and Fernandez absent) to approve the request subject to conditions. Prepared by: S eve Smith Reviewed and Approved by• Philip Drell /tm 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING AN APPEAL BY PAUL LUPO AND AFFIRMING A PLANNING COMMISSION DECISION APPROVING A REQUEST BY RICK MURO FOR A CONDITIONAL USE PERMIT TO PERMIT THE OPERATION OF A 22,000 SQUARE FOOT HEALTH CLUB WITH FUTURE BEER AND WINE LICENSE IN A VACANT INDUSTRIAL BUILDING AT 74-824 LENNON PLACE. CASE NO. CUP 97-10 WHEREAS, the Planning Commission of the City of Palm Desert, California, has by its Resolution No. 1820 approved the requested conditional use permit; and WHEREAS, a timely appeal was filed challenging the Planning Commission decision; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of August, 1997, hold a duly noticed public hearing to consider the appeal by PAUL LUPO challenging the Planning Commission decision; 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. 97-18," in that the Director of Community Development has determined that the project is a Class 5 categorical exemption for the purposes of CEQA and no further documentation 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 City Council did find the following facts and reasons to exist to justify approval of said conditional use permit: 1 . That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located. 2. That 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. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for parking as discussed at length in the staff reports dated July 15, 1997 and August 5, 1997. I ' RESOLUTION NO. 4. That the proposed conditional use complies with the goals, objectives, and policies of the city's adopted general plan. 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 City Council in this case. 2. That the appeal by Paul Lupo is hereby denied. 3. That Conditional Use Permit 97-10 on file in the Department of Community Development is hereby approved, subject to conditions (Exhibit A). PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this day of , 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD S. KELLY, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. EXHIBIT A CONDITIONS OF APPROVAL CASE NO. CUP 97-10 Department of Community Development/Planning: 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. Construction/conversion of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 4. 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: CoachellaValleyWater District Palm Desert Architectural Commission City Fire Marshal Public Works Department Desert Sands Unified School District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosures subject to approval of Environmental Conservation Manager. 6. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, TUMF and school mitigation fees. 3 RESOLUTION NO. 7. That if the parking lot is illuminated, a light plan prepared by a lighting engineer shall be required confirming compliance with the city's parking lot lighting restrictions. 8. That the hours of operation of the health club shall be from 5:30 a.m. until 9:00 p.m. Monday through Friday; from 7:00 a.m. to 5:00 p.m. on Saturday and 8:00 a.m. until 4:00 p.m. on Sunday. 9. That all signs on site be approved by the architectural review commission and conform with ordinance requirements. 10. That the applicant shall post prominent signs inside the health club encouraging members to park in the rear parking area. 1 1 . Applicant shall provide adjacent property owner to the west with a certificate of insurance for $1 ,000,000.00 naming him as additional insured in event an athletic club member files suit due to injury on his property. Policy shall include notification of additional insured and City in case of failure to pay premium. 12. Applicant shall provide a parking attendant to direct club members to designated spaces and away from adjacent properties and fire lanes. 13. At least 90 parking spaces shall be developed on-site to serve the proposed health club. 14. Any use of the adjacent 7000 vacant space other than as pure warehouse shall require amendment of this conditional use permit. Department of Public Works: 1 . In accordance with Palm Desert Municipal Code Section 3.44 the project shall be subject to Transportation Uniform Mitigation Fees (TUMF). The fee shall be based on the proposed change of use (Industrial/Office to Indoor Recreational Facility). Specific use determination and the related TUMF shall be subject to review of the Coachella Valley Association of Governments. 4 08/26/1997 17:45 760772 LUPO PAGE 01 0 RECEIVED LUDO READ,ESTATE 7 -, %raven Meragement ( %- { i ' _, " 41-700 Corporate Way AUG 2 7 1997 Palm Desert,CA 92280 -- COMMUNITY DEVELOPMENT DEPARTMENT Telephone(760)360-0551 CITY OF PALM DESERT Fax(760)772-0970 August 26, 1997 Phil Drell Director of Community Development 73-510 Fred Waring Drive Palm Desert, CA 92260 Via Pax' 341-7098 Dear Mr. Drell: This letter is to request a withdrawal of my appeal to the city council for CUP 97-10. I have met with the parties involved and we have successfully addressed all concerns. Mr. Muro has agreed to post a sign at each of our three drive-way entrances stating tow away areas for Pinnacle Athletic Club members. In addition, Mr. Muro has agreed to provide removable divisions on my property as per city codes. Also, Mr. Muro has agreed to provide me, and my insurance company, with a copy of his insurance policy,to determine if the additional insured clause is applicable. Sincerely, We-c/a4t-- --- Paul Lupo 'eft 'a 4d4e c CERTIFIED PUBLIC ACCOUNTANT TO 8913 W. OLYMPIC BLVD. SUITE 202 City of Palm Desert BEVERLY HILLS, CA 90211 Planning Commission 73 510 Fred Waring Dr �_ (310) 657-8340 FAX (310) 657-2803 Palm Desert, Ca 92260 '97 Fi9G 2? PM I tu T SUBJECT: Case no CUP 97-10 August 25, 1997 DATE l i i ULEt(N'S FOLD Gentlemen, As owner of the property located at 74-85& Lennon Pl. , Palm Desert, and in regards to the meeting of August 28th 1997, I want once more to be on record, that I protest the issuing of a conditional use permit for the operation of a health club and future beer and wine license to be located at 74-824 Lennon Pl. Yours truly, Philp Bartmasser owner SIGNED ITEM NO.PK 1 1 1 U-2 AVAILABLE FROM BUSINESS ENVELOPE MANUFACTURERS,INC.•DEER PARK,N.Y. MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 „ yPl:VIII. PUBLIC HEARINGS A. Continued Case No. CUP 97-10 - RICK MURO/DR. PETER G, Applicants /04i Request for approval of a conditional use permit for a 22,000 square foot health club with future beer and wine license in part of the vacant industrial building at 74-824 Lennon Place. Mr. Drell indicated there was a revised plan distributed to commission which varied slightly from what the staff report said. It added 12 or 13 parking spaces for a total of 79 spaces. The applicant was also proposing ten spaces inside that building which formerly was reported as a potential kids gym and the applicant was now saying it wouldn't be a kids gym, it would be used for warehousing of vehicles and for his parking. At the original public hearing considerable objection was received by Mr. Lupo, the property owner to the west. The commission received additional correspondence from him expressing concern about existing problems he has with people parking in fire lanes and a potential liability problem he envisioned with unauthorized athletic members parking on his property and being injured and suing him. In addressing this issue Mr. Muro agreed to provide a security guard/parking attendant to specifically direct his members to designated parking spaces on the building's property or on the street. He would make it as a matter of policy to instruct all the members where they should park and his insurance company has agreed to provide Mr. Lupo with a $1 million Certificate of Insurance naming him as an additional insurer in the event that an athletic club member filed suit against Mr. Lupo due to injury on his property. The insurance company would require that Mr. Lupo have primary insurance for liability for his own property as well. Staff believed that those two concerns could be met and that led them back to the fundamental question of if there was enough parking onsite or in the street directly adjacent to the property which provides for street parking for the proposed use. Mr. Drell indicated that Mr. Muro provided a club attendance analysis where he assumed that his current membership of approximately 700 members triples and distributing those members along the same time schedule as they do now (between 5:00 a.m. and 10:00 a.m. and between 5:00 p.m. and 9:00 p.m.), based on that analysis he would have a maximum member load during these peak periods of 96. Adding to that the number of employees (seven or eight), which would total 103, which was consistent with staff's analysis where they looked at each particular activity room in the club and projected how many athletes could comfortably utilize that room added to the number of employees, staff came up with 115 and felt that the triple analysis was fairly consistent with staff's. Mr. Muro showed, in combination with the onsite spaces and offsite spaces on the street, 157. At this particular site offsite spaces were particularly plentiful because the whole side across the street which was the Waste Management lot without curb cuts and therefore had a fairly continuous availability of street spaces for which there are no competing businesses that would have some rights of priority for those spaces. With the additional spaces, Mr. Muro's offer to address the specific 6 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 concerns of Mr. Lupo, and the conditioning of that offer relative to the conditions of insurance and the security attendant, staff would recommend approval. He also indicated there was one amendment to the conditions, number 13, which would read that 79 parking spaces would be developed onsite outside the proposed health club. He asked the applicant to clarify if those ten spaces would be provided as a matter of condition inside the building and if that was the case, it should be raised to at least 89 spaces being developed onsite to serve the proposed health club. Mr. Drell also clarified that relative to the 7,000 square feet, which would now be devoted to either parking or warehouse, any change in that use other than a warehouse would have to come back as an amendment to this conditional use permit. Commissioner Campbell clarified that Mr. Muro has 90 spaces right now because the number 49 was written down twice. Chairperson Ferguson asked for confirmation that staff determined that Mr. Muro needed 115 parking spaces. Of those he has 90 onsite; therefore, he needs 25 offsite and he has up to 137 if just the street immediately in front of his building was counted and across the street from his building. Mr. Drell said that Mr. Smith said there were 68 on street spaces immediately adjacent to this site on both sides of the street (158). Chairperson Ferguson said that in going through the minutes and listening to the tape there was some issue as to whether Mr. Muro needed 150 or 115, but under either scenario it appeared that he had sufficient parking. Mr. Drell concurred. Chairperson Ferguson noted that the public hearing was still open and asked if the applicant would address the commission first, then anyone in favor of this application, then anyone opposed to this application, and then a brief rebuttal period for the applicant before closing the public hearing. MR. RICK MURO, 73-944 Olive Court in Palm Desert, stated that for the past two years he has been working very diligently attempting to expand his health club in Palm Desert. His goal has been to have the opportunity to provide service to the local residents and the senior clientele in a facility that they could be proud of. He said that he has negotiated on almost every piece of land or building that would be suitable for his use over the two years. Those included the 111 Town Center, the corner of Fred Waring and Monterey which was turned down by the City Council, the vacant Circuit City building which has some CC&Rs which prohibited their type of usage, the property adjacent to Moller's Gardens at the end of Fred Waring, the Desert Crossing center, the old Sprouse Ritz's building that has been empty for about nine years, the property north of First Bank on Monterey Avenue, both ends of El Paseo and Highway 1 1 1 , and now the proposed building on Lennon. For one reason or another the other locations didn't work. He was devoted to making this proposal the one that works for them. He said that it meant the livelihood of his family and his employees' families. As Mr. Drell pointed out, there were four basic issues brought up at the last 7 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 meeting: 1 ) parking. They have 90 spaces onsite and they were asking for the ability to use the ones just in front of them which took them to just over 150 spaces which based on his scenario and analysis and the one done by staff showed that they would far exceed what was necessary. They would have a security/parking attendant that wouldn't allow anyone, whether it be Mr. Lupo's people or his own people, to park in any undesignated area including the fire lanes. In terms of Mr. Lupo's liability, as shown in the commission's packet, Mr. Muro provided a letter from his insurance company that says they would be happy to mitigate all of his liability by provided an indemnity certificate. In terms of their beer and wine that was an issue, the beer and wine license was nothing more than an amenity to their facility for their members to use. It was not an open bar and they would have a security guard there. In terms of Desert Heat being another applicant to use that building that was no longer the case and they would be using that space for additional parking. As he pointed out to commission, Mr. Lupo and Mr. Eliante in their letters, he was sure they could be congenial neighbors at that space and he was sure they would realize that their presence was good for them now and in the future. He felt they could peacefully coexist as neighbors as all the letters he provided to commission from the other neighbors endorsed his program. He said he has done whatever he could to this point and would continue to do what was necessary to make this work. Therefore, he urged commission to approve his project. Chairperson Ferguson asked if Mr. Muro planned to make parking guidelines part of the clientele's contract. Mr. Muro replied absolutely and whatever he could do to make sure that it is laid out factually so that everyone was well aware of what was important. He said that at Mr. Drell's and Mr. Smith's request, they put in a rear entrance into the athletic club. Typically it was a difficult thing to do to put in two separate entrances because they had to funnel the people to one main desk where they could check in. They put in a separate large entrance to the back which would be covered to allow people to come in from that back entrance to encourage people to park back there. Chairperson Ferguson asked if anyone wished to speak in FAVOR of the proposal. MR. ROBERT HESS, 48-260 Center Court in Palm Desert, stated that he was the owner of the building where the proposed health club would be located. His building as been vacant for more than one year. Not being in an enterprise zone or having financial incentives from the state or local government made if very difficult to lease a building of this size. He said he needed the commission's approval of this application. He indicated that Mr. Muro has worked very closely with the neighborhood businesses and has more than adequately addressed their concerns and had garnered a lot of support. He said he was aware that Mr. Lupo has opposed this use and noted that Mr. Lupo previously made two wholesale offers on Mr. Hess's 8 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 building in an attempt to purchase it as a vacant building. He wanted to stress how important an economic impact the commission's approval would be and urged approval. He said he would continue to work with Mr. Muro, whom he felt presented himself as a very astute businessman and professional in his own right. He appreciated that in a prospective tenant since he wouldn't rent to just anyone, he wanted someone that would be there permanent and Mr. Muro was willing to sign a ten-year lease. He said he was willing to lease this building to Mr. Muro for ten years and he thought that working together, especially with the ten off street parking stalls next door, he had two buses in there, two motor homes, two overnight cars that go out during the day, one cougar and one suburban. There would be space for Mr. Muro. Commissioner Beaty asked if this were to be approved as a conditional use permit, what would happen if they found out in two years that this just didn't work and the commission had to rescind the conditional use permit. He asked what would happen to the ten-year lease. Mr. Hess replied that was a legal question and he probably shouldn't address it. If in the opinion of City Council, not so much the neighbors, because right now the neighbors were using his parking lot and they were blocking the fire lanes. Mr. Muro felt that with that coverage and outside help that wouldn't happen. He said he couldn't be there all the time to knock on Mr. Lupo's doors to ask them to move their rigs when they are in the fire lanes. He thought it would really benefit access to emergency vehicles. He said he wished he could answer Commissioner Beaty's question directly. Chairperson Ferguson said that Mr. Hess could lease his property to Mr. Muro, but the commission would regulate the use that he conducts on it and he thought that the two would be independent and anything else they came up with to the contrary would be between Mr. Hess and Muro and was not sure the City was bound by their lease agreement. Ms. Dryer, from the City Attorney's office, concurred. Mr. Drell said that they would try to solve any problems long before the City revoked the CUP. Chairperson Ferguson asked if anyone wished to speak in OPPOSITION to the application. MR. RAY ELIANTE, 74-794 Lennon Place, stated that he occupies the building next to the proposed CUP. His business was Country Club Mirror and Glass. He felt that Mr. Hess made an astounding point. Mr. Hess said that tenants were blocking fire lanes and were presently using his spaces. Mr. Eliante said that they used his space in the past just prior to his repaving. They have not done so since because Mr. Hess asked them to pay him rent for the use of those spaces, so they were taking up spaces in the street. There were other tenants using his spaces, however, there 9 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 were businesses on either side of him that were blocking the fire lanes. He hoped the commission had seen the photographs he submitted and reminded the commission that those pictures were taken off-season and this was probably the two worst months in terms of usage. The most usage was nine or ten months out of the year. It was a constant hassle. Mr. Hess also mentioned that he was using his building for rental space. He approached Mr. Eliante numerous times in the past, and as recently as a month ago, to rent his space. Mr. Hess said that if Mr. Eliante would take his space, he would vacate those vehicles immediately and make that available to him. His question was, if they were hard pressed and not meeting the demand now for parking, for the 8,000 square feet, where were those people going to park. By Mr. Hess's own admission, those fire lanes were being blocked now and they could not operate their business as it is now. In addition to that, he said that Mr. Lino, who has been Mr. Eliante's neighbor for some time, it was not fair that they had to elevate their voices and go after each other when they have a problem with the City enforcing the fire lanes and enforcing the parking and they have come to terms in that they know they have a problem and they deal with it on a regular basis. Mr. Eliante said he trusted that the commission had read his letter and asked that commission please consider the existing parking problem and not whitewash this. He knew that Mr. Muro had really tried to relocate his business, but this was not the place for it. It would not work in two months and has not worked for them. This was the off-season and it would become very congested and nothing had been made for this additional 8,000 square feet and it would be a problem. He asked that commission do the hard thing, but the right thing. Chairperson Ferguson noted that he has pictures before him that all showed encroachments into the fire lane and since the building is vacant, he assumed this was because of Mr. Eliante or Mr. Lupo. Chairperson Ferguson asked whose fire lane that was. Mr. Eliante replied the pictures were of the fire lane at his location and Mr. Lupo's building. Picture numbers 5 and 6 were the location at the east end which were Mr. Hess's and the other building leased to him. Chairperson Ferguson noted that in picture number 6 there were two vans and asked for clarification as to which was Mr. Hess's. Mr. Eliante indicated that the building to the left was Mr. Hess's. Chairperson Ferguson asked if that was Mr. Hess's van. Mr. Eliante said no, it belonged to the gentlemen working there with the business to the east of Mr. Hess's building. 10 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 Chairperson Ferguson noted that Mr. Hess wasn't in violation, it was the people next to him. Mr. Eliante said that was correct and felt the photograph didn't depict how narrow the opening was and indicated that a vehicle wouldn't even fit through there. He said those gentlemen, because they have limited space, often use that alley as an extended shop; they paint there, build things there, etc. Chairperson Ferguson asked why the City shouldn't allow Mr. Muro to develop because other people wanted to use his driveway as an extended shop. Mr. Eliante felt that was a good point, but the problem was that there wasn't adequate parking for Mr. Muro and there wasn't enough for the tenants around him who were using the fire lane for parking spaces now. Chairperson Ferguson said he read the minutes from the last meeting and looked at the site plan and Mr. Muro has 90 spaces onsite and 67 on the street for a total of 157 spaces. He asked how Mr. Eliante could say that Mr. Muro didn't have adequate parking. Mr. Eliante questioned the street parking because his employees used up a good portion of that because they encroached well beyond the street area where Mr. Hess's building is. Chairperson Ferguson asked if Mr. Eliante had 36 employees and 8 parking spaces. Mr. Eliante agreed that he has 36 employees and they have four tenants in their building. They leave two vacant parking spaces for customers. Chairperson Ferguson noted that Mr. Eliante wanted the street parking, but didn't want Mr. Muro to have any street parking. Mr. Eliante felt it was a difference in the amount of clientele that they have versus what Mr. Muro has. They have 36-37 employees and two customers every four hours. They don't have that flux of customers coming in and Mr. Muro had a constant flow of cars coming and going. Chairperson Ferguson asked if Mr. Eliante reviewed the submittal by Mr. Muro on when his customers would be using the facility and the volumes. Mr. Eliante said he had. Chairperson Ferguson asked if disagreed with that information. 11 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 Mr. Eliante said he disagreed with that, knowing that they were in the desert and people come and go. He understood that most were in morning and in the afternoon. Chairperson Ferguson asked if Mr. Eliante disagreed with staff's onsite observations of Gold's Gym and other analyses which indicated that most of the operation would occur when Mr. Eliante was not open for business. Mr. Eliante said he has been to Gold's Gym and has seen the parking problems they have there and with due respect, he felt it was a problem and needed to be addressed a little closer. MR. PAUL LUPO, 79-355 Camino Amarillo in La Quinta, stated that he owns the building at 74-794 Lennon Place and 41-700 Corporate Way. He noted that the commission had his letters and knew his position, but he wanted to recap. He felt the main issue was parking. He didn't agree with the numbers and felt there was an overwhelming, excessive amount of demand on that corner which was unnecessary. He thought the problems would get worse with the growth of the gym and assumed Mr. Muro's gym would continue to grow and would need more parking in the future. Regarding the insurance issue, he asked what guarantee he had, what guarantee the City could give him, and what guarantee Mr. Muro could give him that he would pay the insurance premiums. When there is nonpayment of insurance premiums that meant they had noncoverage. When they had noncoverage, they had problems. He said there were no assurances or guarantees, none on that issue. His insurance carrier continued to inform him that it was a problem and would be a continuing problem and if it became a frequency problem, there would be non-renewal. He had no control and no guarantees on Mr. Muro paying the premiums. That was a big issue. He said if there was parking in those fire lanes and those fire trucks couldn't get to his building and it was burning down because of Mr. Muro's trucks or cars or his usage and his parking attendant who called in sick that daywas runningaround that whole corner trying to regulate all Y 9 9 these parking needs. He felt they should face reality and asked what reality was. As Mr. Eliante said, he has a simple need and Mr. Lupo said that most of his tenants all had minimal needs. This was a massive, extensive need of parking in an industrial park and this use had no place there. This was not the place for it. He said they should ask themselves if their building was suitable, 29,000 square feet, for 115 parking spaces, why did they need all of these safeguards. Why did they need parking attendants, why did they need additional liability insurance coverage? He felt it was like going into a bank and asking why there was a guard there to protect the money. He didn't think there could be proper enforcement by anyone or any guarantees by anyone and he was adamant about this and opposed this as his tenants do and thanked the commission for listening. 12 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 Commissioner Campbell asked Mr. Lupo why his tenants were in violation of parking in the fire lanes if they have adequate parking or adequate space in his building for their business. She asked him if he should be controlling his own tenants. Mr. Lupo said he has gone to his tenants and explained to them the law. He has posted signs and they were human beings and they have clients that were human beings and asked what controls he had. He asked if he should call the Fire Marshal on his own tenants and if it was his responsibility to enforce that. He didn't know. Chairperson Ferguson noted that it was his building that would burn down. Mr. Lupo said he understood that and felt this was a good example. Unless he was there 24 hours a day running around like the parking attendant would be doing, it wasn't feasible and wasn't reality and wouldn't happen. Certain things couldn't be controlled and that was one of the things. He admitted that he hasn't been able to control that, even when he has told them that this was the law and that they were breaking the law. Commissioner Campbell indicated that Mr. Muro would have a parking attendant to control this and it would save Mr. Lupo's building also if there was a fire. Mr. Lupo asked if that was reality--a parking attendant. Commissioner Campbell felt that would be a better situation than the pictures showed right now. Mr. Lupo stated that he didn't accept that that was reality. He didn't think one parking attendant was going to be able to control an influx of 150 cars. He asked what kind of confrontations they would have and didn't agree with it and didn't feel it was reality. Chairperson Ferguson said that in fairness, and noted that he and Mr. Lupo knew each other and hoped Mr. Lupo would realize his comment was in fairness, that it was almost impossible for Mr. Lupo to insist that Mr. Muro get additional insurance, get a parking monitor, then beat him over the head with it when Mr. Lupo asked for those safeguards. Mr. Muro's first proposal didn't have either one of those things and he understood that he included those as concessions to Mr. Lupo and for his benefit. He felt it was a little disingenuous to accuse him of not being able to handle this problem when he has bent over backwards to accommodate Mr. Lupo's concerns. Mr. Lupo said he stated his concerns, he didn't think there was a resolution and didn't accept Mr. Muro's resolutions. He didn't think they were adequately reasonable or realistic. He asked how it would be controlled, how it would be monitored, how it would be enforced and how he could 13 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 control Mr. Muro's finances and payment of a premium. He could ask for it and demand it, but how would he ever get that assurance. He said it only took one issue, one incident and one time for this to be a massive incident and a problem as they all know in life what can happen. Chairperson Ferguson asked if that wasn't true of any development, anywhere. He asked if Mr. Muro had a path across Mr. Lupo's property. Mr. Lupo felt that if there was a lesser use of that 29,000 square feet, there would be less exposure and less of a problem, in his opinion. Chairperson Ferguson clarified that Mr. Lupo wasn't willing to accept Mr. Muro's covenant that he would do it and wouldn't accept a condition in the CUP that says he has to do it, he just didn't trust Mr. Muro under any circumstances. Mr. Lupo said it wasn't about trust, it was about control. He had no control or assurances on Mr. Muro's finances and his ability to pay his premiums. Chairperson Ferguson asked what assurances Mr. Muro had that Mr. Lupo's tenants' vans that are blocking Mr. Muro's fire lane wouldn't impede a fire truck trying to put out a fire at his building. As he saw it, it was kind of a mutual trust. Mr. Lupo said that he felt it was because of the exposure factor. Mr. Muro had a larger need that was harder to control because of that exposure versus a minimal exposure that they have. Even though he has tried on those fire lanes, and maybe that was something that Mr. Eliante took pictures of that and might only happen once a year, this was a possibility of happening all the time. He felt that was the issue here. The exposure and the overwhelming parking. Chairperson Ferguson asked if Mr. Lupo would be happy if the commission added a condition that required the Fire Marshal to go out and inspect both alleyways to insure that the fire lanes are properly stenciled, property signed and then have their enforcement personnel come by and monitor it to make sure no one is parking in them, including Mr. Lupo's tenants. Mr. Lupo said that there have been calls made to the Fire Marshal concerning this and he has never even showed up, not once. On a few occasions there have been calls made to the Fire Marshal. Again, he asked what assurances there were that the Fire Marshal would show up on a continuing basis and monitor this thing. If Mr. Muro had a need of 25 or 50 cars, in his opinion it would be different. That was his concern. That would be more manageable and more controllable by Mr. Muro or his attendant or the Fire Marshal, but when they talking about 150 vehicles and on street parking and off street parking and one attendant running around, he just couldn't see the realism in it. 14 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 Chairperson Ferguson said that in terms of enforcement, under a CUP the Planning Commission retained continuing jurisdiction to make sure Mr. Muro was in compliance. On its surface Chairperson Ferguson felt it appeared to him that Mr. Muro should be given an opportunity to try and operate. If the commission approved this use and in a month from now there were ongoing violations, Mr. Lupo could certainly notify him and the Planning Commission and noted that on the commission's agenda tonight there was an item to discuss the Southwest Community Church's CUP which was approved in April and the commission received a letter from an adjoining neighbor who says there are violations and the commission would be discussing whether to hold a hearing to revoke their CUP. It was not like Mr. Lupo would be stuck with the situation for ten years and could give his word that there would be ongoing enforcement from the Planning Commission if there are violations of the CUP. Mr. Lupo said that was on the parking issue, but not on the liability insurance. Chairperson Ferguson said that was on every issue of Mr. Muro's CUP. Mr. Lupo asked what assurances he had that the premiums would be paid. Chairperson Ferguson said that if the premium is not paid, Mr. Lupo should bring that to the attention of the Planning Commission because Mr. Muro would be in violation of his CUP. Mr. Drell said that was a condition of the CUP and they would require Mr. Muro to show proof that the insurance is paid. Commissioner Beaty noted that he is required to do that for his customers. He said that Mr. Lupo could have it as a condition of the Certificate of Insurance that Mr. Lupo must be notified if there is a nonpayment of premium from the insurance company. Mr. Lupo asked what would happen in a bankruptcy situation. Chairperson Ferguson said that they couldn't plan for every contingency, only reasonable contingencies and it seemed to him that the policy was a reasonable safeguard for Mr. Lupo's interests. Mr. Lupo asked if in an insolvency situation and the premium wasn't paid, he would be notified that Mr. Muro wasn't covering him adequately and that same day there was an incident, there would be no coverage. Chairperson Ferguson noted that lightening could strike Mr. Muro on the same day there was an incident. Mr. Lupo didn't think that was the same thing. Chairperson Ferguson said that they could only do so much to give Mr. Lupo reasonable assurance that the enjoyment of his property was protected to the 15 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 same extent that Mr. Muro's right and Mr. Hess's rights to their property were protected. MR. DUKIC, owner of Lino's Mercedes Service in Palm Desert, said that there was a problem on the corner by Mr. Lupo because of the lack of parking and he felt there wasn't enough room on the street for parking. He and his tenant also parked on the street and he felt that there wasn't enough parking available. Commissioner Beaty noted that Mr. Eliante indicated that he has notified the local fire department and the Fire Marshal, the police department and the City's code enforcement and two warnings had been issued in seven years. He asked if staff had checked to see if that was true, what happened with those warnings, and who issued those warnings and asked if they had control over violations. Mr. Drell stated that in this situation there is a property owner who controls neither his own tenants, employees nor customers and he seemed unwilling to control his own people who are violating this fire lane. Staff could find out what the policy is of the Fire Marshal on private property when they receive these complaints. Commissioner Beaty said he would like some clarification from Mr. Eliante of his statement. He said Mr. Eliante who issued the warnings and what the outcome was, and if Mr. Eliante called and reported the violations. Mr. Eliante said he called the city and asked for code enforcement. They referred him to the Fire Marshal who in turn referred him to a Fire Marshal master. In addition to that he called the Sheriff's Department and even flagged down a Sheriff down one day and that was when the two warnings came in. That was because he physically got a Sheriff who issued a warning that time, but said that next time the violators would be ticketed and nothing has transpired. Mr. Drell asked who the violators were. Mr. Eliante replied that it was numerous building occupants. Mr. Drell asked if they were occupants of Mr. Eliante's own building. Mr. Eliante said it was his own building, the building he occupies, and the adjacent building. He said he was not as concerned about the building at the east end because he wasn't there, but the violations were as great if not greater there. They have tried to enforce it and a lot of it was employees and a lot were customers because customers didn't have parking, so the customers would use the fire lanes and he asked how they could get after customers for using the fire lanes when they didn't have parking for them. That made it very difficult. He said that Mr. Lupo has tried very diligently to keep the fire lanes clear, but he didn't get any support with any bite. It was like having CC&Rs and a Board of Directors that say something can't be done, but there were no teeth in the CC&Rs 16 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 that controlled the situation. Mr. Lupo has tried very hard to control the situation in the fire lanes. Mr. Lupo has held he and Mr. Lino apart at different times to keep them from fighting over the situation. He has worked hard at it but they didn't have the support from the city and that was why he was here. He asked what guarantee he would have to enforce this issue now with 150 less users. Commissioner Beaty thanked Mr. Eliante. Chairperson Ferguson asked if anyone else wished to address the commission. Mr. Hess readdressed the commission and said that it seemed to him after listening to the testimony that the biggest parking problem has been in existence for years and was between Mr. Lupo's two building that were built too close together. He suggested that their uses were too high and they were allowing too many cars and employees without sufficient off street parking. He thought they would like his building to remain empty and for him to go away so that they could use his 300+ feet of parking, but that wasn't going to happen unless two years from now he still didn't have a tenant and then the bank would own it and someone else would get it. If Mr. Lupo felt there was a liabilityproblem there, then maybe Mr. Hess P should get a policy from Mr. Lupo to protect him. Mr. Hess stated that he believed that space between Mr. Lupo's east wall and Mr. Hess's west wall, which was actually the fire lane, if it was striped and signed he didn't think people would park there. If someone saw a parking area and didn't know whether they could park there or not and it said that vehicles parked there would be towed away by Roy's Towing at the violator's expense, people wouldn't park there; or at least he himself wouldn't. Chairperson Ferguson closed the public hearing and asked for commission comments. Commissioner Campbell noted that since the last meeting Mr. Muro has tried to satisfy everyone's needs on both sides of his building, and with the extra parking on the premises that increased the available onsite parking area to 90 spaces, in addition to the peak demand being in the early morning until 9:00 a.m. and from 5:30 p.m. until 9:00 p.m. in the evenings when most other businesses at least in the evening hours would be closed and since there was no competing development across the street from the existing building, she felt there would be ample parking available. She commented that it seemed that the other tenants didn't have adequate parking for the businesses they were running. She said that she was in favor of Mr. Muro's project. Commissioner Beaty said he agreed with Commissioner Campbell. He stated that he would like to accept Chairperson Ferguson's suggestions that the Fire Marshal mark the lanes and encourage enforcement of the fire lane violations and that would require some diligence on the commission's part and city staff's, but it 17 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 was important that code was enforced. As far as the insurance question raised by Mr. Lupo, he had to deal with that all the time and thought it cost an extra $10 dollars to have someone listed as an additional insured and with the stipulation that Mr. Lupo would be notified if that payment was not made. According to a letter from the Sports and Fitness Insurance Corporation it was $52 per year, so it might be $62 for him to receive that notification and didn't seem to be an issue. Commissioner Beaty said he would also be in favor of approval. Chairperson Ferguson stated that he was not at the meeting when this first came up, but the law allowed that if he listened to the tape of the meeting and reviewed the minutes, which he has done, he was able to participate in the decision making which he intended to do. Also, two members of the Planning Commission were absent tonight and the rules provided that a majority of the quorum could vote on an issue, which meant that two out of three votes would pass this issue tonight, or any other matter before the commission tonight. In reading the minutes from last week he noted Commissioner Jonathan's comments about how code requirements varied from staff's observation and he pointed out that he himself placed more weight on staff's observation. He noted that he sits on the Comprehensive Zoning Ordinance Review Committee and many times they were throwing darts at a dart board guessing what would be most appropriate and when there were existing uses that could be observed like Mr. Muro's and a number of other health clubs, he tended to put more weight on those. He said that what he sensed what they had here was a situation where Mr. Muro's project ought to work and they had two adjacent property owners who were telling the commission that it didn't work because people weren't following the law and the City wasn't enforcing the law. Given that option, his choice was not to deprive a private property owner of his right, but to go out and force people to follow the law and give them the support which they just asked for from the city. There was an old saying to be careful what you ask for because you just might get it and with respect to enforcement of fire lane violations that was exactly what they would be getting. He didn't believe that these fire lanes were properly stenciled and there was a condition of approval that requires compliance with all Fire Marshal and fire authority regulations and they would get someone out there to take a look at it. They would receive the enforcement that they were seeking for violators parking in the fire lanes, but there was nothing about Mr. Muro's application that he could see that was irregular, with the exception of utilizing street parking and he didn't know where they came up with the idea that cars couldn't be parked in the street, particularly in a Service Industrial zone, and particularly when it was before and after hours of major intensity use for Mr. Muro when it wouldn't interfere with adjoining property owners. Waste Management had the entire block on the north side and there was a solid chain link fence along there and there would be no one else parking along there except for Mr. Muro and his two neighbors and Chairperson Ferguson said he was confident that they could get along. If they couldn't, the Planning Commission retained continuing jurisdiction to make sure that Mr. Muro complies with the conditions of his approval. He also was in favor of the 18 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 5, 1997 application, he wanted to see the law enforced and for them to receive the support from the City that they wanted, and he didn't want to deprive Mr. Hess or Mr. Muro of their opportunity to operate what he felt would be a socially beneficial enterprise to the citizens of Palm Desert. He asked for a motion. Action: It was moved by Commissioner Campbell, and seconded by Commissioner Beaty (with an encouragement to Mr. Muro that he uphold his conditions of approval and encouraging the neighbors to try and get along), approving the findings as presented by staff. Carried 3-0. It was moved by Commissioner Campbell, seconded by Commissioner Beaty, adopting Planning Commission Resolution No. 1820, approving CUP 97-10, subject to conditions as amended. Carried 3-0. B. Continued Case Nos. PP 97-8, VAR 97-1, DA 97-3 - O. MICHAEL HOMME, Applicant Request for approval of a Precise Plan of Design for a 12,500 square foot, single story professional office/medical building, Development Agreement permitting up to 2,000 square feet of limited general commercial uses and parking reduction, and Setback Variance for said building on the north side of Fred Waring Drive between Monterey Avenue and Acacia Drive. Mr. Drell noted that plans were on display. He explained that Mr. Homme was the lessee of this property and was attempting to come up with a formula of design, land use and economics to make it viable for him to develop this property. Staff believed that Mr. Homme succeeded in coming up with a very attractive, compatible architectural design and site plan. Mr. Drell noted that the proposal was for a distinctive single story building for this very important corner. He explained that commission was provided an economic analysis which gave some insight on Mr. Homme's request which included, in addition to the 12,500 square feet of building, 2,000 square feet of retail space of which potentially could all be a restaurant. Part of Mr. Homme's request dealt with hours of operation and Mr. Drell noted that a successful retail store would need something other than the minimum hours that an office use would require and would probably extend somewhat before and after a normal office use. Currently retail and restaurants were not permitted uses or conditional uses in the Office Professional zone. More significantly, potentially a 2,000 square foot restaurant would generate a 12-space parking deficiency on this property. Unlike the previous case, there was not an abundance of street parking available to handle any overflow if it were to occur without it spreading out into the residential area. Staff felt that was still a major concern. While there might be opportunities to address that, the most obvious way was to make the building smaller or not allow the commercial use. The property was adequately parked for a 19 PLANNING COMMISSION RESOLUTION NO. 1820 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST BY RICK MURO FOR A CONDITIONAL USE PERMIT TO PERMIT THE OPERATION OF A 22,000 SQUARE FOOT HEALTH CLUB WITH FUTURE BEER AND WINE LICENSE IN A VACANT INDUSTRIAL BUILDING AT 74-824 LENNON PLACE. CASE NO. CUP 97-10 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1 5th day of July, 1997, hold a duly noticed public hearing to consider the request of RICK MURO for Pinnacle Athletic Club for the above project; 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. 97-18," in that the Director of Community Development has determined that the project is a Class 5 categorical exemption for the purposes of CEQA and no further documentation 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 justify the granting of said conditional use permit: 1 . That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located. 2. That 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. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for parking as discussed at length in the staff report dated July 15, 1997. 4. That the proposed conditional use complies with the goals, objectives, and policies of the city's adopted general plan. 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. PLANNING COMMISSION RESOLUTION NO. 1820 2. That Conditional Use Permit 97-10 on file in the Department of Community Development is hereby approved, subject to conditions (Exhibit A). I PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of August, 1997, by the following vote, to wit: AYES: BEATY, CAMPBELL, FERGUSON NOES: NONE ABSENT: FERNANDEZ, JONATHAN ABSTAIN: NONE /(4, JA ES CATO FE' '.ON, Chairperson ATTEST: /1),—Qt,L f PHILIP DRELL, Secretary Palm Desert PI nning Commission 2 PLANNING COMMISSION RESOLUTION NO. 1820 EXHIBIT A CONDITIONS OF APPROVAL CASE NO. CUP 97-10 Department of Community Development/Planning: 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. Construction/conversion of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 4. 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 Palm Desert Architectural Commission City Fire Marshal Public Works Department Desert Sands Unified School District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosures subject to approval of Environmental Conservation Manager. 6. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, TUMF and school mitigation fees. 3 PLANNING COMMISSION RESOLUTION NO. 1820 7. That if the parking lot is illuminated, a light plan prepared by a lighting engineer shall be required confirming compliance with the city's parking lot lighting restrictions. 8. That the hours of operation of the health club shall be from 5:30 a.m. until 9:00 p.m. Monday through Friday; from 7:00 a.m. to 5:00 p.m. on Saturday and 8:00 a.m. until 4:00 p.m. on Sunday. 9. That all signs on site be approved by the architectural review commission and conform with ordinance requirements. 10. That the applicant shall post prominent signs inside the health club encouraging members to park in the rear parking area. 11 . Applicant shall provide adjacent property owner to the west with a certificate of insurance for $1 ,000,000.00 naming him as additional insured in event an athletic club member files suit due to injury on his property. Policy shall include notification of additional insured and City in case of failure to pay premium. 12. Applicant shall provide a parking attendant to direct club members to designated spaces and away from adjacent properties and fire lanes. 13. At least 90 parking spaces shall be developed on-site to serve the proposed health club. 14. Any use of the adjacent 7000 vacant space other than as pure warehouse shall require amendment of this conditional use permit. Department of Public Works: 1 . In accordance with Palm Desert Municipal Code Section 3.44 the project shall be subject to Transportation Uniform Mitigation Fees (TUMF). The fee shall be based on the proposed change of use (Industrial/Office to Indoor Recreational Facility). Specific use determination and the related TUMF shall be subject to review of the Coachella Valley Association of Governments. 4 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: July 15, 1997 CASE NO: CUP 97-10 REQUEST: Approval of a conditional use permit for a 22,000 square foot health club with future beer and wine license in part of the vacant industrial building at 74-824 Lennon Place. APPLICANT: Rick Muro/Dr. Peter Greenberg 73-944 Olive Court Palm Desert, CA 92260 BACKGROUND: A. GENERAL: Pursuant to direction by Planning Commission and the City Council, Mr. Muro is actively pursuing a replacement location for his existing athletic club operating at Highway 1 1 1 and Portola under a conditional use permit which expired October 1 , 1996, but has been extended by the City Council. The present request is to locate a 22,000 square foot full service health club in the west end of a vacant 29,000 square foot industrial building. We have been given to understand that a subsequent application will be made to place a 7,000 square foot gymnastics facility for children in the remaining part of the building. B. CURRENT REQUEST: The health club will include: Approximate Square Feet Aerobic Area 1400 Gym (63 pieces of equipment 45 wt. and 18 C.V. and 2 lane track 5600 Racquetball - 3 courts 2400 Locker Areas 3500 STAFF REPORT CUP 97-10 JULY 15, 1997 Approximate Square Feet Club Offices 500 Lobby 300 Salon - 4 stations 200 Pro Shop 300 Child Care 1000 Reception 150 Juice Bar 300 Storage/Utility 450 Climbing Wall - 5 person max. 1050 Pool (5 lanes) 1250 and will operate from 5:30 a.m. until 9:00 p.m. Monday to Friday, from 7:00 a.m. until 5:00 p.m. on Saturday and 7:00 a.m. until 4:00 p.m. on Sunday. C. ADJACENT ZONING/LAND USE: North: S.I./post office South: S.I./Recycle Center East: S.I./multi tenant industrial West: S.I./multi tenant industrial D. GENERAL PLAN LAND USE DESIGNATION: Service Industrial. II. ANALYSIS: The applicant is proposing to operate a first class health club with future beer and wine license in what is presently a vacant industrial building. The building is located on the north side of Lennon Place 250 feet east of Corporate Way. A. SITE PLAN/ACCESS/PARKING: The building is centrally located on the property. Driveway access exists at the east and west end with parking in the front and rear. The applicant proposes to retain the existing circulation around the building but increase the amount of parking at the rear. 2 STAFF REPORT CUP 97-10 JULY 15, 1997 The proposal is to create a double loaded, one way driveway at the rear providing access to 39 parking spaces. There is a proposed new building entrance midway in the rear of the building. At the front another one-way driveway exists and provides access to 27 parking spaces (presently 21 spaces exist). The additional 6 parking spaces would be located in the existing landscape planter opposite the front entry. B. REQUIRED PARKING: The code requires one parking space for every 150 square feet of gross floor area for health studios (a total of 147 parking spaces). The applicant has provided an alternative parking analysis based on the maximum utilization of each activity area within the club (see attached Table 1 ). We have reviewed the analysis and feel that a lesser parking standard of 115 spaces can be justified at peak operating hours. Gold's Gym operates in an industrial zone with a similar amount of onsite parking. Staff experience at Gold's during the day is that one can easily park on site or on the street. From 5:00 p.m. through the early evening hours, weekdays, parking is very tight. Since the city annexed this area we have not had a complaint from adjacent tenants. We did receive a complaint from a Gold's member who complained of having difficulty finding a parking space at 5:30 p.m. Commission may recall that when the city reviewed the gym request at Monterey and Fred Waring we obtained data from another gym facility which confirmed that the early morning and after 5:00 p.m. are the peak hours at a gym. Between 8:00 a.m. and 4:30 p.m. the gym has a very low occupancy. The plan as submitted provides for 67 on site parking spaces. The street adjacent to this property is 54 feet wide curb to curb and is designed to accommodate parking on each side. Staff has determined that street parking for 68 cars is available within 350 feet of the site. Staff have observed the street several times and can confirm that in the evening it is available for parking purposes. During day time hours the on site parking spaces should be more than ample to serve the facility. 3 STAFF REPORT CUP 97-10 JULY 15, 1997 In Mr. Muro's previous application at Fred Waring and Monterey any overflow parking had only one place to go, into the adjacent residential community. In this application any overflow parking will extend further down the street. Peak level of use of this facility will be in the early evening hours when adjacent businesses are closed. In fact, most of existing nearby uses are closed by 5:00 p.m. and are not open on weekends. We observed the area at 8:45 a.m. on Tuesday, July 1 , 1997. The west end of the street had parked vehicles on both sides. The area to the east had less dense street parking. We observed the area at 5:15 p.m. on Tuesday, July 1 , 1997. There were two cars parked on the street. The applicant has indicated a willingness to approach adjacent property owners to obtain permission to park on those sites when those businesses are closed if additional off street parking is deemed necessary. III. CONCLUSION: Commission will recall that when a similar health club proposal was presented for property at the corner of Monterey and Fred Waring Drive in 1996 there was a laundry list of concerns (i.e., hours of operation, by-pass traffic, overflow parking in a residential zone and noise impacts on the residential community). The current location does not have any of these concerns. Two letters of objection have been received (copies attached). The letters expressed concern with the parking and the proposed beer and wine license. The beer and wine license would only permit service to health club members (i.e., persons who are already at the club). The parking could be a major issue except that the peak use of the health club occurs when most, if not all, of the other businesses are closed. Staff feels comfortable that during the day - between 8:00 a.m. and 4:30 p.m. - the health club will not negatively impact on parking in the area. For these reasons staff will recommend approval of CUP 97-10 subject to conditions. We also need to remember that we will be reviewing a proposal for a children's gymnastics facility in the east 7000 square feet of this building. The two uses will overlap to a certain degree but most of the children will be dropped off and picked up 90 minutes later. We have been advised that the parents are not encouraged to stay and observe the classes. 4 STAFF REPORT CUP 97-10 JULY 15, 1997 The property should be of sufficient size to support both uses. A. FINDINGS REQUIRED FOR APPROVAL OF CONDITIONAL USE PERMIT: 1 . That the proposed location of the conditional use is in accord with the objectives of the zoning ordinance and the purpose of the district in which it is located. • The property is zoned S.I. (Service Industrial) which while the code does not specifically permit a health club use it does fall within the range of uses existing in the area (i.e., post office, light industrial, restaurant, churches and general offices). Municipal Code Section 25.34.020 L permits the Planning Commission to "permit other uses which are similar and no more objectionable than those enumerated in this section". The use is in accord with the ordinance objectives. 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 health club as conditioned will be compatible with the surrounding uses and existing zoning. 3. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments. • On site parking will fall short of the code requirement. The health club facility's peak hours will be from 5:00 p.m. until later in the evenings weekdays. Existing nearby businesses are all closed by 5:30 p.m. and most are closed at 5:00 p.m. The parking provided on site and available on the street will be adequate to serve the health club use. By the conditional use permit approval the Planning Commission can approve the parking modification. 4. That the proposed conditional use complies with the goal's, objectives and the policies of the city's general plan. 5 STAFF REPORT CUP 97-10 JULY 15, 1997 • The zoning is consistent with the land use designation. By approval of this CUP request the use will comply with the zoning requirements. As a result the facility, if the CUP is approved, will be consistent with the general plan objectives and policies. B. ENVIRONMENTAL REVIEW: The Director of Community Development has determined that the project will not have a significant effect on the environment and has been classified a Class 5 categorical exemption for purposes of CEQA. IV. RECOMMENDATION: That the Planning Commission adopt Planning Commission Resolution No. approving CUP 97-10, subject to conditions. V. ATTACHMENTS: A. Draft resolution B. Legal notice C. Exhibit "A" (site plan) Prepared by S ev Smith Reviewed and Approved Phil Drell /tm 6 TABLE 1 PARKING ANALYSIS CASE NO. CUP 97-10 PARKING REQUIRED AEROBIC AREA 1400 sq. ft. max. 30 people 25 GYM 5600 sq. ft. max. 50 people 40 RACQUETBALL 3 courts max. 12 people 10 LOCKER AREAS 3500 sq. ft. max. 12 people 6 CLUB OFFICES 500 sq. ft. see employees below LOBBY 500 sq. ft. max. 6 people 4 SALON 200 sq. ft. 4 stations 2 PRO SHOP 350 sq. ft. max. 2 people 1 CHILD CARE 1000 sq. ft. 0 RECEPTION 150 sq. ft. see employees below JUICE BAR 300 sq. ft. max. 2 people 1 STORAGE/UTILITY 450 sq. ft. 0 CLIMBING WALL 1050 sq. ft. 5 person max. 5 POOL 1250 sq. ft. 5 lanes 5-20* EMPLOYEES 7 7 100-115 spaces *Pool will have water aerobics mid morning which would have a higher usage. At an absolute peak hour the facility could be expected to require 100-1 15 parking spaces. This site plan provides 67 parking spaces on site and there are 68 street spaces available within 350 feet. The applicant, in a letter dated July 7, 1997 advises that he has a unique program for spreading out usage of the facility. Seniors may purchase a membership which limits usage to 12:00 noon until 4:00 p.m. Monday through Saturday. This membership tends to reduce the morning and evening peak usage. PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST BY RICK MURO FOR A CONDITIONAL USE PERMIT TO PERMIT THE OPERATION OF A 22,000 SQUARE FOOT HEALTH CLUB WITH FUTURE BEER AND WINE LICENSE IN A VACANT INDUSTRIAL BUILDING AT 74-824 LENNON PLACE. CASE NO. CUP 97-10 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of July, 1997, hold a duly noticed public hearing to consider the request of RICK MURO for Pinnacle Athletic Club for the above project; 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. 97-18," in that the Director of Community Development has determined that the project is a Class 5 categorical exemption for the purposes of CEQA and no further documentation 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 justify the granting of said conditional use permit: 1 . That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located. 2. That 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. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for parking as discussed at length in the staff report dated July 15, 1997. 4. That the proposed conditional use complies with the goals, objectives, and policies of the city's adopted general plan. 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. PLANNING COMMISSION RESOLUTION NO. 2. That Conditional Use Permit 97-10 on file in the Department of Community Development is hereby approved, subject to conditions (Exhibit A). PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of July, 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAMES CATO FERGUSON, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT A CONDITIONS OF APPROVAL CASE NO. PP/CUP 96-5 Department of Community Development/Planning: 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. Construction/conversion of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 4. 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 Palm Desert Architectural Commission City Fire Marshal Public Works Department Desert Sands Unified School District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosures subject to approval of Environmental Conservation Manager. 6. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, TUMF and school mitigation fees. 3 PLANNING COMMISSION RESOLUTION NO. 7. That if the parking lot is illuminated, a light plan prepared by a lighting engineer shall be required confirming compliance with the city's parking lot lighting restrictions. 8. That the hours of operation of the health club shall be from 5:30 a.m. until 9:00 p.m. Monday through Friday; from 7:00 a.m. to 5:00 p.m. on Saturday and 8:00 a.m. until 4:00 p.m. on Sunday. 9. That all signs on site be approved by the architectural review commission and conform with ordinance requirements. 10. That the applicant shall post prominent signs inside the health club encouraging members to park in the rear parking area. Department of Public Works: 1 . In accordance with Palm Desert Municipal Code Section 3.44 the project shall be subject to Transportation Uniform Mitigation Fees (TUMF). The fee shall be based on the proposed change of use (Industrial/Office to Indoor Recreational Facility). Specific use determination and the related TUMF shall be subject to review of the Coachella Valley Association of Governments. 4 RECEIVED JUL - 91997 CITY OF PALM DESERT INTEROFFICE MEMORANDUM COMMUNITY DEVELOPMENT PAhTlhENT CITY OF PALM DESERT TO: Department of Community Development/Planning Attention: STEVE SMITH FROM: Richard J. Folkers, Asst . City Manager/Public Works Director SUBJECT: C.U.P. 97-10; Rick Muro DATE: July 9, 1997 • The following should be considered conditions of approval for the above-referenced project : (1) In accordance with Palm Desert Municipal Code Section 3 .44 the project shall be subject to Transportation Uniform Mitigation Fees (TUMF) . The fee shall be based on the proposed change of use (Industrial/Office to Indoor Recreational Facility) . Specific use determination and the related TUMF shall be subject to review of the Coachella Valley Association of Governments . CHARD J. FOLKER P.E. (cup\cup97-10.cnd) conditional Use Permit Application City of Palm Desert June 24, 1997 Property Location: 74-824 Lennon Place Owner: Robert Hess Applicant: Rick Muro, Dr. Peter Greenberg DBA Pinnacle Athletic Club This application is to allow the use of a 22,000 sq. ft. health club in the vacant industrial building on Lennon Ave. The applicants have been in business as the Fitness Mart on El Paseo, Palm Desert for the 10 years and temporarily located on Hwy. 1 1 1 for the past 16 months. Originally, as an aerobic studio and growing to a full health club facility. Previously approved by the Planning Commission at Fred Waring and Monterey Ave. and later over turned by City Council we have continued our search to secure a financially feasible - Zoning and Ordinance friendly location. We feel that this location meets all the needed criteria. Our objective by relocating at this site is to better provide the necessary services to our growing community. The Pinnacle Athletic Club will fill a void in the Health and Fitness Industry truly lacking in the Coachella Valley; that being a truly upscale athletic club for the fitness and sport enthusiast of all ages. The demographics of the desert include a large retirement and semi-retired population plus a growing family population. Fortunately, the other "Gyms" in the valley and specifically Palm Desert tend to cater to the male body builder. This type of club is very monolithic in approach and often intimidating, thus segmenting their market. Because we will be a true full service club, we will capture 9 9ptu e a much broader market, therefore capitalizing on not only the senior, but also the family and baby boomer clientele. In respect to families, the typical gym does not offer much. Our plans include a full children's play area with arcade, similar to those seen in most fast food chains, and programs that range from Rock Climbing to Racquetball. This will give us an opportunity to capture families who otherwise never would make the time or have the chance to add fitness to their lifestyle. We are sure to be a major asset to the community both financially and socially in Palm Desert. The following are a list of amenities provided: Team and Individual Recreation: • 3 Championship Racquetball Courts • Rock Climbing Wall • Walleyball • • Lap Pool/Water Aerobics • Running Track Fitness Facilities: • Aerobics Center with Aerobic and Exercise Classes/Aqua Aerobics • Treadmills - Recumbent Cycles - Stairclimbers • Individual Isolation Resistance Equipment • • Advanced Training Center - Freeweights - Accessories • Plate Loaded Equipment • Private Training • Weight Management, Body Composition Analysis • Locker Facilities Including: Private and Daily Use Lockers, Showers, Vanity, Sauna/Steam, Jacuzzi, Massage, Lounge Social and other Amenities: • Physical Therapy • Lobby Lounge • Pro Shop • Coffee/Juice/Yogurt Bar • Salon - Hair/Nails/Facials • Childcare with Soft Play Area, Infant Play Area, Arcade • Activities Desk Hours of Business: Monday - Friday 5:30am - 9:00pm Saturday 7:00am - 5:00pm Sunday 7:00am - 4:00pm )UNTRY CLUB a Mirror & GCass Inc. ' RECEIVED July 8, 1997 JUL - 91997 ;°44 swv T"0c vE0? vlrY yr PR'�'� - �� City of Palm Desert Planning Commission 73-510 Fred Waring Dr. Palm Desert, CA. 92260 Re: Legal Notice - Case NO. CUP97-10 Dear Planning Commission, In response to your notice CUP 97-10 I am apposed to the use permit for 74-824 Lennon Place to become a "Health Club". Primarily due to the amount of traffic that will be generated from this type of business and would result in a terrible parking problem in an already parking starved area. My business is located just West of the proposed health club at 74-794 Lennon Place. The building I occupy is shoved with three other companies. We have eight parking stalls and one Handicap stall. Between the four of use we use four spaces leaving one for Handicap and four for patrons. The combined work force is approximately thirty six people which must park in the street taking up space from Corporate to half way down Lennon Pl. Where are the people going to park? Along with the health club it is my understanding that "Desert Heat" a Gymnastic Company is also schedule to move in. Both of these type of businesses are a 1 - 2 hour use per patron all day long which creates a compounded problem compared to a 8-5 parking situation. I also would like to address the use of beer and wine in a industrial area with professional businesses is of great concern. We do not have the exposure as a strip center and or police protection that other areas would. It has also been brought to my attention that the new owners are requesting the use of my parking stalls after 5:00 P.M. . That request alone should raise a red flag that parking is and will be a problem. Often times we are here from early in the morning (5:00 A.M. ) until seven or eight in the evening. But even if we were not, for numerous liability reasons I would never allow the use of my stalls for their transient type of business. Thank you for your time in reviewing this information and any consideration you are able to give to help ease the parking shortage in this business complex. incere , Ray El me 74794 Lennon Place,Palm Desert,California 92260,St. Lic,#556-013 Telephone(619)779-0340 fax(619)779-0343 Pinnacle Athletic Club 74-040 Hwy 111, Suite B Palm Desert, CA 92260 760.568.0373 July 7, 1997 ,fte JUL - 1997 C6M.1 Jix;TV Steve Smith �7nE�'c`t � ,. Planning Manager Y ' 'k=" '��'- _,r; 73-510 Fred Waring Dr. Palm Desert, CA 92260 Via Fax: 776-6401 Dear Steve, As per our conversation Thursday July 3rd, I am writing you to further detail the member flow for our Athletic Club. Approximately three years ago we along with the help of Joselyn Senior Center's Mary Kukala began to provide low cost memberships and special programming for our large senior community. The unique aspect of this program is that we are able to provide this type of program at minimum cost because of the hours of usage. Seniors are able to enroll and use the facility Monday- Saturday from 12:00 noon until 4:00 p.m. at a fraction of the normal cost. We did this for two reasons; one, during these hours the club is very under utilized,therefore it allows us to decrease demand at other peak hours such as early morning or early evening, leveling out usage. Secondly, due to this more uniform usage we do not have to over staff to accommodate for large crowd control, creating better employee utilization. Therefore, at the new athletic club like our current, we will not have any unusually high demand periods. If you have any questions or comments please do not hesitate to contact me. Sinc ely, 'ek U4/ 177 t7b:O7 bi'J3bk7ki551 LLPO PAGE 01 P.tL�,:�� RECEIVED Rani Gaits =�S_Camino Ameriiio J U L I 0 1997 La Quinta, CA 9'253 DEVr OPMEt:T(:• 'Ar`C.EN 1 Telephone(7801 De -G881 cr Y OF PALM CE:i•L e Fax(780)772-0970 July 7, 1997 Phillip Drell City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Case No. CUP 97-10 Dear Mr. Drell: I am the owner of the industrial property directly next door to this subject property. My property address is 74-794 Lennon Place and 41-700 Corporate Way. I would like to go on record as being strongly opposed to you approving this CUP application. The proposed request will cause numerous problems for both myself, as owner, and all my Specifically, the offstreet narking situation is a problem due to the fact that the properties adjoin each other with a common drive and pass-through. The health club customers will have access to all available parking on my property, restricting parking for my tenants. Also, in the event that a health club customer should have a personal injury or cause an auto accident on my property, I would be liable. I understand that this could be the case no matter who would park unlawfully on my property, but due to the additional exposure of many more people using the health facility, the chances are greater for this liability. The other issue is the beer and wine license in this CUP application. I would be strongly opposed to any beer and wine served on the premises due to the possibility of abuse of these beverages. In this area, there are always trucks, forklifts, and various other equipment that an intoxicated person could possibly cause injury and/or an incident. All the tenants in my buildings have expressed concern on all the above issues and strongly oppose the use in this CUP application. We would appreciate your sincere consideration in not allowing this use in this location. Sincerely, Paul M. Lupo 411 P CERTIFIED PUBLIC ACCOUNTANT City of Palm Desert 8913 W. OLYMPIC BLVD. SUITE 202 73-510 Fred Waring Drive BEVERLY HILLS, CA 90211 Palm Desert, Ca 92260 (310) 657-8340 FAX (310) 657-2803 >JECT: Case no CUP 97-10 Jill 1 1997 DATE July 11, 1997 D '2E:�.l:win_ _ ' � OE%..Ahi,ei YT T• F?Atli DES:;T Gentlemen, As the owner of the property located at 74-852 Lennon Place. Palm Desert, California I wish to be on record that I protest the issuing of a conditional use permit to permit a health club and future beer and wine license at the building located at 74-824 Lennon Place. I do not feel that this is the type of business which is compatible with the other business in the surrounding areas, plus I would forsee problems regarding the parking of the individual business. Yours uly, Ai Phili. Bartmasser SIGNED O PK111U2 ILABLE FROM BUSINESS ENVELOPE MANUFACTURERS,INC.•DEER PARK,N.Y. RECEIVED • J U L 15 1997 a/liji.PE°]Ilt,1 "‘ O4.;4;;t4i;Ni?'epE�ELCi'McNT":=?bA(aENI CfrY OF PALM p_S_RT HAVEN MANAGEMENT JUDY HAVEN President 41-700 Corporate Way Suite D Palm Desert, CA 92260 619 568-2050 619 340-2769 July 14,1997 Mr. Philip Drell City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, CA 92260 Re: Case No. CUP 97-10 Dear Mr. Drell: I'm a tenant at 41-700 Corporate Way Suite D. Palm Desert, CA. I would like to go on record that I'm opposed to the City of Palm Desert approving the CUP application, for the following reason. 1. There is not enough parking spaces for the current tenants occupying the 41-700 Corporate Way facility. If you allow the approval of this application, you will be creating additional parking problems for the existing business owners. I urge you very strongly to disapprove the above CUP application. Sincerely, 2,2.j,..__ Judith A. Haven, President JAH/rs C:\W PW IN60\W PDOCS WAVNLETT,ECH CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: August 5, 1997 continued from July 15, 1997 CASE NO: CUP 97-10 REQUEST: Approval of a conditional use permit for a 22,000 square foot health club with future beer and wine license in part of the vacant industrial building at 74-824 Lennon Place. APPLICANT: Rick Muro/Dr. Peter Greenberg 73-944 Olive Court Palm Desert, CA 92260 BACKGROUND: • Based on commission direction, Mr. Muro has continued to work to resolve concerns of property owners and businesses in the area. The property owner to the west reiterated his objections expressed in his July 7th letter. His principal concerns involve potential use of his parking lot by athletic club members, blocking of fire lanes and insurance liability. Mr. Muro has agreed to provide a parking/security attendant to insure that athletic club members will park in designated spaces and away from Lupo's lot and fire lanes. In addition Mr. Muro's insurance company has agreed to provide Mr. Lupo with a $1 ,000,000.00 certificate of insurance naming him as additional insured in the event an athletic club member files suite due to injury on his property. This assumes Mr. Lupo has his own primary liability insurance. He has revised his parking layout in front of the building adding 13 parking spaces for a total of 80 on-site. The easterly 7,000 square feet of vacant space originally mentioned as a potential children's gym will instead be used by the owner for indoor storage of RV's and classic cars. Ten parking spaces would be made available in this area for staff and club members bringing the onsite total to 90. With the 68 onstreet spaces immediately adjacent to the site, the health club would have parking for 1 58 cars. Mr. Muro has submitted a club attendance analysis based on triple his present club membership which indicates peak demand (5:30-10:00 a.m. and 5:00-9:00 p.m.) To be 96 members. Even if all 96 members were simultaneously present and requiring STAFF REPORT CUP 97-10 AUGUST 5, 1997 a parking place, the available supply would be adequate. Mr. Muro's analysis is consistent with staff's analysis of peak capacity of each of the club activity areas which indicated a maximum demand of 115 spaces. II. RECOMMENDATION: Staff continues to recommend approval subject to conditions. III. ATTACHMENTS: A. July 15, 1997 staff report B. Exhibit "A" (site plan) Prepared byy • Phil Drell /tm • PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST BY RICK MURO FOR A CONDITIONAL USE PERMIT TO PERMIT THE OPERATION OF A 22,000 SQUARE FOOT HEALTH CLUB WITH FUTURE BEER AND WINE LICENSE IN A VACANT INDUSTRIAL BUILDING AT 74-824 LENNON PLACE. CASE NO. CUP 97-10 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of July, 1997, hold a duly noticed public hearing to consider the request of RICK MURO for Pinnacle Athletic Club for the above project; 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. 97-18," in that the Director of Community Development has determined that the project is a Class 5 categorical exemption for the purposes of CEQA and no further documentation 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 justify the granting of said conditional use permit: 1 . That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located. 2. That 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. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for parking as discussed at length in the staff report dated July 15, 1997. 4. That the proposed conditional use complies with the goals, objectives, and policies of the city's adopted general plan. 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. PLANNING COMMISSION RESOLUTION NO. 2. That Conditional Use Permit 97-10 on file in the Department of Community Development is hereby approved, subject to conditions (Exhibit A). PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of August, 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAMES CATO FERGUSON, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT A CONDITIONS OF APPROVAL CASE NO. CUP 97-10 Department of Community Development/Planning: 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. Construction/conversion of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 4. 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 Palm Desert Architectural Commission City Fire Marshal Public Works Department Desert Sands Unified School District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. That the applicant shall provide for installation of solid waste and recycling enclosures serving all public buildings, per Ordinance No. 612, said enclosures subject to approval of Environmental Conservation Manager. 6. The project shall be subject to all applicable fees at time of issuance of permits including, but not limited to, Art in Public Places, TUMF and school mitigation fees. 3 PLANNING COMMISSION RESOLUTION NO. 7. That if the parking lot is illuminated, a light plan prepared by a lighting engineer shall be required confirming compliance with the city's parking lot lighting restrictions. 8. That the hours of operation of the health club shall be from 5:30 a.m. until 9:00 p.m. Monday through Friday; from 7:00 a.m. to 5:00 p.m. on Saturday and 8:00 a.m. until 4:00 p.m. on Sunday. 9. That all signs on site be approved by the architectural review commission and conform with ordinance requirements. 10. That the applicant shall post prominent signs inside the health club encouraging members to park in the rear parking area. 11 . Applicant shall provide adjacent property owner to the west with a certificate of insurance for S 1 ,000,000.00 naming him as additional insured in event an athletic club member files suit due to injury on his property. 12. Applicant shall provide a parking attendant to direct club members to designated spaces and away from adjacent properties and fire lanes. 13. At least 80 parking spaces shall be developed on-site to serve the proposed health club. 14. Any use of the adjacent 7000 vacant space other than as pure warehouse shall require amendment of this conditional use permit. Department of Public Works: 1 . In accordance with Palm Desert Municipal Code Section 3.44 the project shall be subject to Transportation Uniform Mitigation Fees (TUMF). The fee shall be based on the proposed change of use (Industrial/Office to Indoor Recreational Facility). Specific use determination and the related TUMF shall be subject to review of the Coachella Valley Association of Governments. 4 ID= PACE 2 iSiiSports & Fitness L .urance Corporation August 1, 1997 RECEIVED AUG - 1 1997 Pinnacle Athletic Club (CA) COMMUNRYDEVELOPMIENTDEPARTMENT Attn: kick CITYOFPAJIDESERT Pax # 760-568-2523 ?tick.: Regarding your conditional use permit, we will agree to accept proof of liability coverage, in lieu of the additional insured endorsement from your neighbor. Ab stated in our previous letter, our concern hag been that we would be picking up the total liability for his business and we do not want to do that! Please let me know if you have any additional questions. Very truly yours, SPORTS & FITNESS INSURANCE CORPORATION loan Watson Office Manager 618 Bnar vo d Drive, Suite A 4 Jackson,MS 39211 Post Office Box 16602 O Jackson, r1S 392J6-66',)2 601.957- 440 + 1-SO0-844-0536 a FaX 601-936-873i 11/[i RJULECEIV281997ED HAVEN MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT C(TYOF PAUIDESERT JUDY HAVEN President 41-700 Corporate Way Suite D Palm Desert. CA 92260 619 568-2050 619 340-2769 July 25,1997 Mr. Philip Drell City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, CA 92260 Re: Case No. CUP 97-10 Dear Mr. Drell: It is my understanding that a City Council meeting was held on July 15, 1997, and there was a vote taken concerning the above CUP application. I was told that at the beginning of the hearing that only 4 city council members were present and that a 2-2 vote would constitute a descending vote for this application. However, when the council voted on the health club application, the vote was 2-2, but the council elected to continue this application until August 5, 1997. I do not understand the thinking process of the City Council. Based on the decision of the council prior to the vote, a 2-2 decision should have meant a denial of the application. I would also like you to review my letter of July 14, 1997 and present those concerns to the council cnce again. Sincerely, C4 udith A. Haven, President ident JH/rs C:\WPWIN60\WPDOCS\HAVNLETT.ECH OUNTRY CLUB Mirror Glass, Inc. ; July 31, 1997 City Of Palm Desert Planning Commission Re: Case no. GPA 97-3 Dear Planning Commission Member, My name is Ray Eliante and I am the owner of Country Club Mirror& Glass located at 74-794 Lennon Place in Palm Desert. I am writing to express my interest in your decision to be made at the August 5, 1997, meeting. Unfortunately, I will be unable to attend the meeting due to business. I was in attendance at the meeting of July 15, 1997, and must say, I am somewhat confused and disappointed in the turn of events. My understanding of Agenda Item Ill was that, a 2-2 vote would be considered a denial from the Commission. The vote was 2-2. I further understood both Commissioners Sonya Campbell and George Hernandez to say that, if Mr. Muro could arrive at an agreement with any surrounding business to let Mr. Muro use their parking spaces for overflow in the off-hours, the Commission would allow it. 1 assumed that to be a "conditional" yes, requiring others to, in effect, sign off for the approval. Since Mr. Muro contacted all surrounding parties in advance of the meeting and could not persuade any businesses to agree, and since the vote was 2-2. why and how is this still an issue! Additionally, i believe Mr. Phil Drell was out the line with his comment to save Mr. Muro's attempts. 1 truly believe that both the Commissioner's and Mr. Drell's comments came as a result of compassion and concern for Mr. Muro's plight. I cannot blame them for what appears to me, to be a decision of the heart. No one can ever be faulted for that. I personally, was unaware of Mr. Muro's previous attempts to locate his business only to meet the same opposition. I am sure it must be very frustrating and disheartening for him. But, setting all of that aside, WE HAVE A PARKING PROBLEM. As the Commission is aware, this area was under the jurisdiction of the County when it was built. Now we are facing the problem of poor parking ratios! Arguments can be made about other City's ratios, but we are not any other cities. We do not want to be. We are different, we are better, we set the standards. Almost everything this city does is copied by others. We will have a beautiful city for many years and will continue to draw from within the Valley, the State, and the Nation (not to mention the international markets), because of the standards that we subscribe to. I understand that the parking required "by code"for Mr. Muro's business is 150 spaces. He presently has 21 spaces and wants to add 46 more. This is far short of the amount needed to meet code! Mr. Muro will be occupying approximately 22,000 square feet of space, a second user will occupy the balance of 8,000 square feet. NO consideration has been taken for the other user's parking which would be 57 spaces for a total shortage of 140. This would be in total violation of"code"! 74794 Lennon Pfau,PaLm T]'c rt,California 92260,St.Lic.#556-013 TeLepfione(619)779-0340 fax(619)779-0343 Page 2 My business is currently being squeezed at the west and south end with the north end being a non-accessible property line. On each side of the building i occupy, there are fire lanes that are designed for traffic flow - not parking. My company,just like any successful business, has numerous large tractor-trailer deliveries daily. Due to these lanes being blocked by parked cars, we have great difficulty receiving goods. At times, we have difficulty maneuvering our own trucks as they come and go during a regular business day. As I have previously mentioned, I have reported this to my landlord who has posted "no parking"signs. I have also notified the local fire department and fire Marshall, the City of Palm Desert code enforcement and the Police Department. To my knowledge, only 2 warnings have been issued in the 7 years that I have been here. This lack of enforcement is a very critical issue, an issue that is designed to save property and, more importantly, lives. As this issue is not being address now, how can I believe that it ever will be. In an already congested area, to allow a business that is 140 parking spaces short of their need would be ludicrous. To recap: 1. We have a major parking problem. 2. Fire lanes are blocked. 3. There is no enforcement in the fire lanes. 4. The required parking for Mr. Muro and the additional tenant is impossible to attain and not to code. 5. Mr. Muro was denied by this Commission at other locations DUE TO PARKING which has established a precedence. in closing. I ask that you review the enclosed photographs to give you an idea of the parking problem. Please keep in mind that this is our "off-season"and the situation is worsened by. as much as, 4 to 5 times from October to May(8 months). Thank you for your time and consideration. • Sely. 4.1 _ _ C Ray Etiante City of Palm Desert Planning Commission These photos were taken at random and represent various locations on Lennon Place in Palm Desert. They have not been staged and / am obviously not a professional. I would, however, like you to keep in mind that it is the end of July (our off season), and things only get busier during the season. Each photo is numbered and below is the corresponding situation which you are looking at: 1. 8:35 AM 7/21/97: Early Monday in late July - no retail yet. 2. This is the main access for my deliveries, there are sometimes 4 to 5 vehicles parked in this firelane. 3. and 4. Show our most congested areas. S. and 6. This shows the same problems as 3. & 4. S. & 6. Actually become part of their shop. Photos in 5 show the constant usage of mid size commercial trucks which exit at the proposed entrance. 7. When our alleys are full, our semi truck drivers park here to relieve congested street traffic. . -- toii:// / / • .7„X 47-'," . •-" / /./ '7" I '. . . .4' 7 . / , 3 71 ,/// f , I/ Zik / /,/ 1 1 21-ir/ / / ' I /7 ) ' / • a g N. • \ \Z.."/ it/ 4'/ / 70,O.S,v•-.0 .„,.' (.: kk/' _ . / / ,ne c pi ; ‘,7 , tf .- 7 / /7,- / ri /-'es-01,/ , -A.. / / 7i,7 9 V 1&=1-'Iv°``) / 4 - & _ ...__::-___-_--- . .1— D "7 1 ...,... — / i--/VAL) A,) /9//i c: c:-..- ---- f=--— / _ , /,,,, 4, Pinnacle Athletic Club 74-040 Hwy 111, Suite B Palm Desert, CA 92260 760.568.0373 July 30, 1997 Phil Drell City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, CA 92260 Dear Phil, Enclosed please find the package of information I would like to submit to you and the Planning Commissioners. This package includes 1: An analysis of parking requirements if the athletic club were to triple in membership 2: Photos of the proposed site showing how vacant the area is at 9:00am 3: Copies of letters I have sent to Mr. Paul Lupo and Ray Eliante addressing their concerns along with a copy of the letter our Insurance company submitted verifying indemnity for Mr. Lupo 4: A letter to you from our building owner Robert Hess 5: Letters of support from the neighboring tenants, some of which are tenants of Paul Lupo's building. It is my sincere hope that after the review of all this material you and the commissioners will agree that the proposed site makes sense for our project and you see that I am willing to work very hard to be a good neighbor. cerely, Rick Muro Pinnacle Athletic Club 74-040 Hwy 111 Suite B Palm Desert, CA 92260 619.568.0373 July 24, 1997 Mr. Paul Lupo c/o Haven Management 41-700 Corporate Way Palm Desert, CA 92260 Hand Delivered 7/24/97 Dear Mr. Lupo, I am in receipt of a copy of your latest correspondence with the City of Palm Desert in regards to our CUP application for the adjacent building to your property on Lennon Ave. The reason for my letter is to explain our position and to address any and all your concerns with regard to our project. Mr. Lupo, I have for more than the past two years been attempting to expand my existing health club here in Palm Desert. I would like the opportunity to provide services to the families and senior clientele in our area in a facility that they can be proud of. Over the Two years I have negotiated on nearly every piece of land and building that would be suitable for our use. This includes the One Eleven Town Center, the land at the corner of Fred Waring and Monterey, the vacant Circuit City building, the property adjacent to Moller's Gardens, The Desert Crossing Center, The old Sprouse Ritz building, the property north of 1st Bank on Monterey Ave., the property at El Paseo and Hwy 111 and now the building on Lennon. For one reason or another none of the other properties worked. We are, because of many factors devoted to making this project work. It frankly means the livelihood of my family and those who I employ. To this end I am willing to satisfy all your concerns addressed in your letter to the city of Palm Desert. 1. Parking - we have since the last Planning Commission meeting added an additional 26 spaces, giving us nearly 100 spaces on site. With the allowance of just those street spaces in front of our building this gives us over 125 spaces for our patrons. To further mitigate your concern I will have a Parking/Security Attendant that will patrol the parking lot and street to make sure no one is parked in un-designated areas including your lot and fire lanes. Tenant disruption - by no means with the larger parking area, parking attendant, and the fact that we are talking about civilized athletic club members using our facility, will there be any disruption of the quiet enjoyment of your property. Insurance - in order to mitigate your concern over possible liability exposure my insurance company will additionally insure you from any claim that may be made by one of my patrons, (enclosed is the copy of the letter from my insurer stating such) I would even be pleased to pay for your certificate for the same. Beer and Wine - Our club is a membership only facility and not a bar open to the public. This service is nothing more than an added amenity for the private use of our members. Again, we will be providing security on premises. Desert Heat - they will no longer be occupying the remaining 7000 sq. ft. of the building. This will be used as additional parking. Mr. Lupo, I sincerely hope that we are able to be congenial neighbors, and that you find that our presence is an asset to the success of your tenants now and in the future. I will close this letter by sharing a story with you - On the Sunday before our last planning commission meeting my father died, he was a young man. Due to the complications of surgery he developed a blood clot that resulted in a stroke. My father although having a few moments of alertness did not seem to be recovering. On that final Sunday I was forced with a decision, the decision whether to continue to visit the hospital three times a day with the agony of watching my father lie there with all types of tubes and life support keeping him alive, or to remove him from this and allow him to die. The decision to remove your father that is alive from life support, the decision to allow someone to die. Mr. Lupo, these are the big decisions we must make in life and I wish that no one ever has to go though the trauma that this situation brings. The decision for you to work with me so that I have a chance to be in business, the same as you are, is a far easier one to make. I am sure that we can peacefully co-exist as neighbors and I have my hand out to you to accomplish this. Please consider all the solutions I have presented and if there are any more or you have any additional concerns please contact me, your satisfaction has my highest priority. Respectfully, is Muro Dr. Peter Greenberg Phil Drell, City of Palm Desert 15:1Sports & Fitness • I Insurance Corporation • July 24, 1997 Pinnacle Athletic Club Attn: Rick Fax 1 760-568-2523 Rick: Per our telephone conversation this date, our company has agreed to provide your neighbor with a certificate of insurance naming him additional insured in the event one of your members should file suit against his business because of injury in the common area between your businesses. Since we have agreed to provide this endorsement, we would expect the same from him. This endorsement would cost you a minimum additional premium per year of $52. The reason we have hesitated to provide this coverage, is because when we write additions: insured coverage it provides protection to the person or company so named against loss by the terms of the policy. If this person or company does not have any general liabil.it insurance of their own, we could inadvertently be picking up all the liabilty for them. Naturally, we do not want to be picking up all their coverage. After reviewing this information, please let us know what you would like to do. Very truly yours, SPORTS & FITNESS INSURANCE CORPORATION • CJ'1D4&) aP 4XO • Joan Watson Off ice Manager 618 Briarwood Drive,Suite A•. Jackson,MS 39211 4• Post Office Box 16602 rr Jackson,MS 39236-6602 601-957-0440 t 1-800-844-0536 er Fax 601-956-8739 L u�.,............nlrt wort... I-nAriO ntnnreina,n-snra Pinnacle Athletic Club 74-040 Hwy 111 Suite B Palm Desert, CA 92260 619.568.0373 July 25, 1997 Mr. Ray Eliante 74-794 Lennon Place Palm Desert, CA 92260 Hand Delivered 7/25/97 Dear Ray, I am writing you in regards to our CUP application for the adjacent building to your business. I have has been delivered to Mr. Lupo, that I believe, addresses all your concerns enclosed a letter that p with regard to our project. Let me point out that we are adding an additional 26 parking spaces and will patrol the lot to assure no one parks in un-designated areas. Ray, I appreciate the fact that you have problems on the east side of your building, we in no way will add to that problem. I also, after talking with Lino's have their support for our project, they feel that the alley way between your two suites is a separate issue. I hope, as I have asked Mr. Lupo, that you will see that we are able to be congenial neighbors, and that you find that our presence is an asset to the success of your business now and in the future. Please take the time to review my letter to Mr. Lupo. I would hope that you then will help me to have the opportunity to be in business here by affirming to the me or to the City of Palm Desert that we have resolved your concerns with regard to our project. If you do have any further concerns please contact me immediately. Your satisfaction, as is Mr. Lupo's is my highest priority. 7e/spectfully, L ? flick Muro cc Dr. Peter Greenberg Phil Drell, City of Palm Desert Robert Hess 74-824 Lennon Place Palm Desert, CA 92260 619 779-9010 July 29, 1997 Steve Smith Planning Manager 73-510 Fred Waring Dr. Palm Desert, CA 92260 Dear Steve, I am the owner of the building in which the proposed Pinnacle Athletic Club is to be located under CUP 97-10. • As you probably know my building has been vacant for over one year. Not being in the enterprise zone and having no financial incentives by either the state or local government has made it very difficult to lease a building of this size. Therefore, let me urge yours and the Commissions approval of this application. I know that Mr. Muro has worked very closely with the neighboring businesses, has more than adequately addressed all their concerns and even garnered much support. On that subject let me say, I am aware that Mr. Paul Lupo has opposed this usage and add that Mr. Lupo has previously made two wholesale offers in an attempt to purchase my building. In addition, I presently will be using the remaining 7200 sq. ft. of building for the use of storing motor homes, antique and classic cars of which 10 spaces will be available to Mr. Muro's customers. Again, let me stress how important of economic impact your approval will make. I will continue to work with Mr. Muro to make this a successful project. Sincerely, Robert Hess cc Rick Muro Dr. Peter Greenberg Paul Lupo SUN\/ALLY CABINETS 74794 LENNON PLACE, SUITE A P 0 BOX 11228 PALM DSERT, CA 92250 • JLLY 28. 1997 MR. PICu MURO PINNACLE ATI-LETIC CLUB 74040 4--IwY 111, SUITE PALM DESERT, CA 92250 ❑EAR RICK, APT ER MEETING MITI-1 YOU ANO HEARING OP YOUR PLANS TO BUILD A NEW THLETIC CLUB IN THE QUILOING NEXT TO t-1/RS AND DISCUSSING ANY CONCERNS THAT VVE HA\/E. MARK PACHACKS OP DESERT FINISH COMPANY ANC) MYSELF Tom BECKH M ��_---++ A OP `7UNN/ALLEY CA GI NETS HAS NO OBJECTIONS AT THIS TIME TO YOUR NEV.' '/ENTURE. WE 1^4IS4-1 YOU M1 r-H q I CESS IN THE FUTURE WITH YOU NEYV ENOEA\/ VIE ALbiJ HOPE THAT VVE VVIL.L PIN° YOUR PRESENCE AN ASSET AND YOU TO BE CONGENIAL NEIGHBORS. COROI ALLY, CKHAM SUNN./Ai l_EY CABINETS MAPK PACHAOKI DESERT PINTSH COMPANY LINO'S An Independent Mercedes Service 41-700 Corporate Way Suite A Palm Desert, CA 92260 (760) 773-4707 Fax (760) 776-5084 July 25, 1997 VIA FACSIMILE Dear Mr. Muro: Per our conversation I would like to clarify the situation concerning the problem you are experiencing regarding your new facility on Lennon. As I understand you have been led to believe that we are the main problem regarding the parking situation for our unit. Our problem does not relate to customer parking, but in access to the entrance to our garage in the rear of the building. Our concern is to keep accessibility through the rear of our building. This area must be clear for fire equipment should an emergency occur. Our business does require the use of this access way to enter and exit several times a day. Our problem is the other businesses that utilize this area have been parking vehicles and therefore making it difficult for us to bring our cars in and out as needed during the day. However, in truth our customer space is limited. This has been our ongoing complaint but the problem has never been addressed and solved. The only solution we were offered was, and I quote, "you have just outgrown your facility and need to move on". Like you Rick. I fail to understand why people just can't work together and cooperate to make all our businesses successful. After all, we all have the same goals, and exposure is beneficial to us all. Therefore, I for one do not oppose your usage. I only hope that you respect the needs of the surrounding businesses in enforcing parking restrictions. I trust this letter will better explain our position. Sincepl , se Dukic, CEO RD, ha PEP Pool & Electrical Supply 74-852 Lennon Place Suite 5 Palm Desert, CA 92260 619 776-1366 July 29, 1997 Rick Muro Pinnacle Athletic Club 74-040 Hwy 111 Suite B Palm Desert, CA 92260 Dear Rick, This letter is to confirm our conversation in that we at PEP support your usage as an athletic club in the adjoining building on Lennon Place. Sincerely, Gary Manager Screenland Graphics Co. 74-852 Lennon Place, Suite #1. Palm Desert, CA 92260 (760) 779-1444 July 30,1997 Mr. Rick Muro 74-040 Highway 111, Suite B Palm Desert, CA 92260 Re: Pinnacle Athletic Club Dear Rick: It was a pleasure meeting you on Monday and being informed of the proposed development of an athletic club near my place of business . As a neighbor, I want to go on record as being in support of such a proposed addition to our work community and needless to say, am hopeful that I may be able to provide you and your members with silkscreen products. I welcome you and look forward to the opportunities and benefits which will undoubtedly flow from the very nature of your business. Good luck and welcome. Very truly yo Thomas C. onaventura,Owner Screenland Graphics Co. 07/21/1997 10:25 760777 q70 L_LPO rHut dl RECEIVED _UPC REAL ESTATE J U L 21 1997 X►a.r.. MnryQ.rn.� 41-700 Corporate Wei Palm Desert, CA 0?_260 COMMUNITY DEVELOPMENT DEPARTMENT { _ CITY OF PALM DESERT Talephona(760)360-0551 Fax(760)772-0970 July 17, 1997 Philip Drell City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Case No. CUP97-10 Dear Mr. Drell: As a follow-up to my letter, dated July 7, 1997 and the Public Hearing on July 15, 1997, which 1 addressed the City Council, 1 would further like to express my position and doncerns. At the City Council meeting, the Council stated at the start of the hearing that only 4 Council persons were present and that a 2-2 vote would be a descending vote. However, when the council voted on the above stated Health Club CUP application, and the result of the vote was 2 for and 2 opposed, the council voted to continue the public hearing on this application until August 5, 1997. This is very disturbing, confusing, and inconsistent as to the process which was agreed upon but not executed. 1 must insist that the council consider their vote, at that meeting, and affirm that this CUP application is denied. Also, the issue 1 raised at the meeting concerning the risk of losing my liability insurance ebctends to my institutional lender having the right to call my mortgage due, in the event that 1 would lose this insurance. Also, concerning the fire lane signs that are currently posted on my property, we are constantly having to ask people to move their cars out of these fire lanes. In the event that you approve the health club use, which requires 150 spaces on a property that only has 67 spaces plus Desert Heats usage, God help us all if either of these buildings have a fire and the fire trucks can't get in to these fire lanes. Please consider the problems of parking, insurance, tenant disruption, and beer and wine that will be ongoing everyday problems if you approve this CUP application. 1 will continue to oppose this use not matter what it takes. Sincerely, Paul M. Lupo Weekly Member Census and Averages January - July 1997 The following chart represents one week of Member usage for the Fitness Mart during each calendar month this year. Current membership totals 700. Also included are the averages given for the seven month period. The second chart shows what daily usage would be if the new Athletic Club were to exceed all expectations and increases the membership by as much as three times or 2100 members. The third chart breaks down the usage by time zones assuming that 80% of the members use the club during prime time hours 5:30am - 10:00am and 5:00pm - 9:00pm and the remaining 20% during midday 10:00am - 5:00pm hours. 1. Current Member Usage '97 Monday Tuesday Wednesday Thursday Friday Saturday Sunday January 94 93 86 65 81 19 18 February 93 74 100 48 66 25 9 March 67 46 59 54 48 22 14 April 91 59 68 52 73 36 16 May 68 53 69 38 57 28 15 June 83 56 65 42 51 36 10 July 62 _ 53 61 39 24 27 14 Average 80 62 _ 73 48 57 28 14 2. Triple Usage 3x 240 186 219 144 171 84 42 Average 3. Breakdown By Hourly Usage: Monday Tuesday Wednesday_ Thursday Friday Saturday Sunday 5:30-10:00 96 Total or 74.4 Total 86.6 Total 57.6 Total 68.4 Total 33.6 Total 16.8 Total (40%) 21.4/hour or 16.5/hour or 19.5/hour or 12.8/hour or 15.2/hour or 13.4/hour or 3.7 10:00-5:00 48 Total or 37.2 Total 43.8 Total 28.8 Total 34.2 Total 16.8 Total 8.4 Total or (20%) 6.9/hour or 5.3/hour or 6.3/hour or 4.1/hour or 4.9/hour or 2.4/hour 1.2/hour 5:00-9:00 96 Total or 74.4 Total 86.6 Total 57.6 Total 68.4 Total 33.6 Total 16.8 Total (40%) 24/hour or 18.6/hour or 21.7/hour or 14.4/hour or 17.1/hour or 8.4/hour or 4.2/hour With nearly 100 spaces on site and 50 overflow spaces on street three times the current membership or 2100 members would never exceed even on site availability. This analysis shows that on an hour to hour basis even if there is an overlap that this site has appropriate parking. 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