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Home My WebLink AboutA. Case No. CUP 09-291 - Desert Gymnastics Academy, Applicant CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Approval of a Conditional Use Permit to operate a gymnastic practice facility in a Service Industrial District. The project is located at 75-140 St. Charles Place, Suite D (APN: 632-050-011). SUBMITTED BY: Missy Grisa Assistant Planner APPLICANT: Desert Gymnastics Academy 52732 Avenida Rubio La Quinta, CA 92253 CASE NO. CUP 09-291 DATE: August 4, 2009 I. EXECUTIVE SUMMARY: Approval of staff's recommendation would allow the applicant to operate the gymnastics practice facility in a 3,688 square-foot tenant space with up to three coaches and up to 15 students. The facility will operate between the hours of 10:00 a.m. to 8:00 p.m., Monday through Thursday, and Saturdays from 9:00 a.m. to 12:00 p.m. The property located at 75-140 St. Charles Place, Suite D is zoned Service Industrial. II. BACKGROUND: A. Property Description: The property is located east of St. Charles Place, west of Beacon Hill, south of Hovley Lane, and north of Mediterranean. Adjacent service industrial business park complexes surround the property. B. Zoning and General Plan Designation: The property is zoned S.I., Service Industrial, and the General Plan designation is I - B.P., Industrial Business Park. Staff Report CUP 09-291 August 4, 2009 Page 2 of 6 C. Adjacent Zoning / Land use: North: S.I. Service Industrial /Adjacent industrial complex South: S.I. Service Industrial /Adjacent industrial complex East: S.I. Service Industrial /Adjacent industrial complex West: S.I. Service Industrial /Adjacent industrial complex III. PROJECT DESCRIPTION: The applicant is requesting approval of a Conditional Use Permit to operate a gymnastic practice facility in an existing Service Industrial zoned building. Desert Gymnastics Academy is a business that currently provides coaching services to gymnastics students. The applicant is proposing a variety of class times Monday through Thursday for the students from 10:00 a.m. to 11:00 a.m., 1:00 p.m. to 3:00 p.m. and 5:00 p.m. to 8:00 p.m. An additional class would be held on Saturdays from 9:00 a.m. to 12:00 p.m. A floor plan of the proposed space layout for the use as requested is attached in the exhibits. Desert Gymnastics Academy would occupy suite D, which is located toward the east, back side of the building. Three other businesses occupy units within this building, but it appeared as the back of the building where Desert Gymnastics Academy is located was primarily used for employee parking. Staff only observed persons attending gymnastics classes and coaches using this space besides one other person entering an adjacent business. The front side of the building parking lot would likely be the location where customers park and there was ample street parking to support this facility at all times during staff parking counts. IV. ANALYSIS: A gymnastics practice facility requires a Conditional Use Permit to assure there is adequate parking and land use compatibility. Staff has conducted a parking study and has concluded that the proposed business would be of minimal impact to the neighboring commercial properties. Parking lot use and hours of operation seem to have minimal impact on adjacent service / business oriented businesses. The project complies with all of the development standards of the zone. A. Parking: The requested gymnastics practice facility use is located within an existing industrial business area that has shared parking between two separate buildings. This shared parking lot is supplemented by ample off-street parking. The total building size with the adjacent tenants totals 9,400 G:\Planning\Missy Grisa\CUP\75-140 St.Charles Place Suite A\Staff Report Desert Gymnastics Academy.doc Staff Report CUP 09-291 August 4, 2009 Page 3 of 6 square feet. The adjacent businesses required minimal parking toward the back parking lot when staff conducted parking studies. The coaches and an occasional parent that stays to watch the practice may drive their vehicle and require parking, but primarily students are dropped off at the beginning of the lesson and picked up at the end. Regardless, the parking counts show more than enough parking to support the proposed use. In the table below, available parking was recorded during the hours indicated from Monday, July 20, 2009 to Tuesday, July 28, 2009. Date Time Vacant Occupied Parking Spaces Spaces Mon July 20 10:05 AM 10+ 2 Tues July 21 11:00 AM 10+ 2 Wed July 22 4:43 PM 8+ 4 Thurs July 23 4:40 PM 10+ 2 Tues July 28 9:45 AM 8+ 4 Average Available 9.2 2.8 Spaces + indicates ample off-street parking The daytime parking study concluded that an average of more than 9.2 parking spaces are available during the hours of 8:00 a.m. to 5:00 p.m. Monday through Thursday when Desert Gymnastics Academy would be open. The later evening hours of the proposed use would not pose a parking problem, as the adjacent businesses close around 5:00 p.m. daily. More than enough parking will be available throughout the parking lot, off- street, and immediately adjacent to the proposed address. B. Land Use Compatibility: The proposed use is located in a Service Industrial (S.I.) zone. Although the proposed use is not Service Industrial oriented, the nature of the business would not interfere with parking or the normal conduct of adjacent businesses. Therefore, the proposed use is compatible with the other industrial uses. G:\Planning\Missy Grisa\CUP\75-140 St.Charles Place Suite A\Staff Report Desert Gymnastics Academy.doc Staff Report CUP 09-291 August 4, 2009 Page 4 of 6 C. Findings of Approval: 1 . That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purpose of the district in which it is located. The proposed location is in a Service Industrial zone. Although the proposed use is not service oriented, the type of business conducted at the proposed site is minimal during adjacent business hours and would have minimal impacts on parking. Classes operate for three hours during the each day Monday through Thursday with three hours occurring after normal business hours starting at 5:00 P.M., when most service businesses are closed or beginning to close for the day. 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 gymnastic practice facility will meet all applicable requirements of the Zoning Ordinance and will not be detrimental to general public health, safety, and welfare or materially injurious to the properties in the vicinity. Water, sanitation, public utilities and services are already constructed throughout the building. 3. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance, except for approved variances or adjustments. The proposed use is consistent with the intent of the Zoning Ordinance since it minimally operates during business hours when the longest lessons are conducted opposite of normal business hours in the area. This promotes a mixed, efficient use of the site within the Service Industrial zone. 4. That the proposed conditional use complies with the goals, objectives and policies of the City's General Plan. The general plan land use designation for the site is "Industrial / Business Park (I-B.P.)". A primary objective stated in the Land Use Element of the General Plan under Industrial Goals, Policies G:\Planning\Missy Grisa\CUP\75-140 St.Charles Place Suite A\Staff Report Desert Gymnastics Academy.doc Staff Report CUP 09-291 August 4, 2009 Page 5 of 6 and Programs is Goal 1, which provides for the development of business parks and non-polluting industrial uses, and which assures compatible integration with other, non-industrial land uses. Policy 6B of the General Plan Land Use Element is to review all business park/ industrial development proposals with a special regard for public health and safety issues to ensure that the type and intensity of the use is appropriate for the proposed location and comparative with surrounding land uses. This project maintains a land use that is consistent with the goals, policies, and programs of the General Plan. The project is consistent with the General Plan in respect to the appropriate use of the proposed location. The business is compatible with surrounding land uses, and the proposed hours of use would effectively use this center at a time when most businesses are closed. V. ENVIRONMENTAL REVIEW: The proposed use is a Class 3 categorical exemption for purposes of CEQA and no further review is necessary. VI. CONCLUSION: The daytime parking survey illustrates there is an average of more than 9.2 available spaces during the hours of operation from 8:00 a.m. to 5:00 p.m. Adjacent business hours of operation have been confirmed to close around 5:00 p.m. It can be concluded that the shared parking throughout the business park would be more than sufficient during the proposed hours of operation Monday through Thursday and Saturday when most businesses in this area are closed. The applicant has been in operation during the processing of this Conditional Use Permit as they were unaware they needed a permit for such activity until staff informed them of this requirement. To date, the property owner, who occupies an adjacent tenant space, has not had any complaints regarding proposed use. The applicant would be limited to three coaches and class sizes will be limited to the estimated numbers as shown on the statement of use, as provided by the applicant, with no more than 15 students at any one time. The proposed use is recommended for approval, subject to conditions described in the attached resolution. G:\Planning\Missy Grisa\CUP\75-140 St.Charles Place Suite A\Staff Report Desert Gymnastics Academy.doc Staff Report CUP 09-291 August 4, 2009 Page 6 of 6 VII. RECOMMENDATION: Staff recommends that the Planning Commission adopt the findings and Planning Commission Resolution No. approving CUP 09-291, subject to conditions. VIII. ATTACHMENTS: A. Draft Resolution B. Legal notice C. Exhibits & plans Submitted by: Department Head: _ /--/ AW4-46.0.t/ MI y Grisa Lauri ylaian Assistant Planner Director of Community Development G:\Planning\Missy Grisa\CUP\75-140 St.Charles Place Suite A\Staff Report Desert Gymnastics Academy.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A GYMNASTIC PRACTICE FACILITY WITHIN A 3,688 SQUARE FOOT SUITE. THE PROPERTY IS LOCATED AT 75-140 ST. CHARLES PLACE, SUITE D. CASE NO. CUP 09-291 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of August, 2009, hold a duly noticed public hearing to consider the request by Desert Gymnastics Academy for approval of the above noted; 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. 06-78 in that the Director of Community Development has determined that the project is a Class 3 Categorical Exemption; 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 approval of the said request: 1. That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purpose of the district in which it is located. The proposed location is in a Service Industrial zone. Although the proposed use is not service oriented, the type of business conducted at the proposed site is minimal during adjacent business hours and would have minimal impacts on parking. Classes operate for three hours during the each day Monday through Thursday with three hours occurring after normal business hours starting at 5:00 P.M., when most service businesses are closed or beginning to close for the day. 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 gymnastic practice facility will meet all applicable requirements of the zoning ordinance and will not be detrimental to general public health, safety, and welfare or materially injurious to the properties in the vicinity. Water, sanitation, public utilities and services are already constructed throughout the complex. PLANNING COMMISSION RESOLUTION NO. 3. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments. The proposed use is consistent with the intent of the Zoning Ordinance since it minimally operates during business hours when the longest lessons are conducted opposite of normal business hours in the area. This promotes a mixed, efficient use of the site within the Service Industrial zone. 4. That the proposed conditional use complies with the goals, objectives and policies of the City's General Plan. The general plan land use designation for the site is "Industrial / Business Park (I-B.P.)". A primary objective stated in the Land Use Element of the General Plan under Industrial Goals, Policies and Programs is Goal 1, which provides for the development of business parks and non-polluting industrial uses, and which assures compatible integration with other, non- industrial land uses. Policy 6B of the General Plan Land Use Element is to review all business park / industrial development proposals with a special regard for public health and safety issues to ensure that the type and intensity of the use is appropriate for the proposed location and comparative with surrounding land uses. This project maintains a land use that is consistent with the goals, policies, and programs of the General Plan. The project is consistent with the General Plan in respect to the appropriate use of the proposed location. The business is compatible with surrounding land uses, and the proposed hours of use would effectively use this center at a time when most businesses are closed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That approval of Conditional Use Permit 09-291 is hereby granted, subject to conditions attached. 2 PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of August, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 3 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. CUP 09-291 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development/Planning, as modified by the following conditions. 2. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. 3. Hours of operation for Desert Gymnastics Academy shall be from 10:00 a.m. to 8:00 p.m., Monday through Thursday, and Saturday hours from 9:00 a.m. to 12:00 p.m. 4. Desert Gymnastics Academy shall have a maximum of 15 students and 3 coaches at the approved site at any one time. 5. All conditions of approval shall be recorded with the Riverside County Clerk's office before any building permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning. BUILDING AND SAFETY DEPARTMENT: 1. Project must conform to the current State of California Codes adopted at the time of plan check submittal. The following are the codes enforced at this time: 2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC) 2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC) 2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC) 2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC) 2007 CALIFORNIA ENERGY CODE (Based on the 2005 Energy Efficiency Standards) 2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2007 CALIFORNIA FIRE CODE 2. Typical items for review in a change of use are as follows: • Occupant load/defined use • Number of exits/exit travel distance • Number of required sanitary fixtures • Ventilation/HVAC • Accessibility 3. The request needs to clearly identify if this is a "Temporary" Use or "Permanent" Use. If "Temporary", a definitive timeline must be stated within the CUP approval and submitted with the plans for review. 4 CITY OF flilf� DESERT ,r' f'.. ' . : ": 73-510 FRED WARING DRIVE or _ PALM DESERT,CALIFORNIA 92260-2578 • !.?stiff'/ f• ,,. TEL:760 ;46—obn FAX:760 341-7098 - .,�!, -',,.� in(o@palm-dcscrr.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 09-291 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by DESERT GYMNASTICS ACADEMY for approval of a conditional use permit to operate a gymnastics practice facility in an existing Service Industrial District. The property is located at 75-140 St. Charles Place Suite D. x A P ats.P' x - a a' # �e kk, v., -0 f oit �Y a t r I 4M, '�. SAID public hearing will be held on Tuesday, August 4, 2009 at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,the public hearing. PUBLISH: Desert Sun LAURI AYLAIAN, Secretary July 25, 2009 Palm Desert Planning Commission