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HomeMy WebLinkAboutB. Case No. CUP 10-97 - The Gymnastics Academy, Applicant CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Approval of a Conditional Use Permit to operate a gymnastics practice facility in a Service Industrial District. The project is located at 75-400 Gerald Ford Drive, Suites 117-120 (APN: 694-160-004). SUBMITTED BY: Missy Grisa, Assistant Planner APPLICANT: The Gymnastics Academy P.O. Box 11034 Palm Desert, CA 92255 CASE NO. CUP 10-97 DATE: May 4, 2010 CONTENTS: Resolution Floor Plans Statement of Use and Schedule Recommendation Staff recommends that the Planning Commission adopt the findings of approval and Planning Commission Resolution No. approving CUP 10-97, subject to conditions. Executive Summary Approval of staff's recommendation would allow the applicant to operate the gymnastics practice facility in a 6,294 square-foot tenant space with a maximum of four coaches and 20 students. The facility will operate during varying hours between 9:00 a.m. and 8:00 p.m, Monday through Friday. Background A. Property Description: The property located at 75-400 Gerald Ford Drive, Suites 117-120 is zoned Planned Community Development, and is bounded by Gerald Ford Drive to the south, Cook Street to the west, and Interstate 10 to the north and east. Staff Report CUP 10-97 May 4, 2010 Page 2 of 6 B. Zoning and General Plan Designation: Zone: Planned Community Development - (P.C.D.) General Plan: Industrial — Business Parks (I - B.P.) C. Adjacent Zoning and Land Use: North: Interstate 10 South: P.R.- 5 /Vacant Land East: P.C.D. / Vacant Land West: P.C.D. / Vacant Land D. CUP 09-291 Desert Gymnastics Academy was previously approved for a gymnastics practice facility in a Service Industrial District located at 75-140 St. Charles Place, Suite D on August 4, 2009. Staff did not receive any complaints regarding the practice facility at this site due to noise or parking issues. The gymnastics academy has outgrown this space and is now in need of a larger space to expand their facilities. Project Description The applicant is requesting approval of a Conditional Use Permit (CUP) to operate a gymnastics practice facility in an existing Planned Community Development (P.C.D.) zoned building. The Gymnastics Academy is a business that currently provides coaching services to gymnastics students. The applicant is proposing a variety of class times Monday through Friday for the students ranging between 9:30 a.m. and 7:45 p.m. A floor plan of the proposed space layout for the use as requested is attached in the exhibits. The Gymnastics Academy would occupy suites 117-120, which is located towards the front east side of the building. Various other businesses occupy units within this building, but they appeared to have little to no traffic during staff observations. Parking was in abundance on all days that parking counts were performed. The facility will not be open on weekends. Analysis A gymnastics practice facility requires a CUP 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 services and businesses. The project complies with all of the development standards of the zone. G:\Planning\Missy Grisa\CUP\75-400 Gerald Ford Drive#117-120\Staff Report Gymnastics Academy.doc Staff Report CUP 10-97 May 4, 2010 Page 3 of 6 A. Parking: The requested gymnastics practice facility use is located within an existing P.C.D. business area that has shared parking between several different buildings. The adjacent businesses require minimal parking during the week and the lot appears to be underutilized. The coaches and parents that stay to watch the practice may drive their vehicle and require parking, but some students are also 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 during the week Monday through Friday. In the table below, available parking was recorded during the hours indicated from Friday, April 16, 2010 to Friday, April 23, 2010. Date Time Vacant Parking Nearby Occupied Spaces Spaces Fri April 16 9:15 AM 34+ 2 Fri April 16 2:00 PM 34+ 2 Mon April 19 3:30 PM 34+ 2 Tues April 20 11:00 AM 33+ 3 Wed April 21 1:45 PM 34+ 2 Thurs April 22 9:45 AM 34+ 2 Fri April 23 2:30 PM 34+ 2 Average Available 33.85 2.14 Spaces + indicates ample additional shared parking The daytime parking study concluded that an average of more than 33 parking spaces are available during the hours of 8:00 a.m. to 5:00 p.m. Monday through Thursday when the Gymnastics Academy and adjacent businesses would primarily 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 shared parking lot and immediately adjacent to the proposed address. G:\Planning\Missy Grisa\CUP\75-400 Gerald Ford Drive#117-120\Staff Report Gymnastics Academy.doc Staff Report CUP 10-97 May 4, 2010 Page 4 of 6 B. Land Use Compatibility: The proposed use is located in a P.C.D. zone. Although the proposed use is not typical of this business oriented development, 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 uses on-site. 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 Planned Community Development zone. Although the proposed use is not typical of the businesses within the developed zone, the type of business conducted is in accordance with the objectives of the Zoning Ordinance purpose identified in Section 25.02.030B and provides exercise facilities that will promote and enhance public health as stated in the Intent and Purposes of Section 25.02.030. 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. The proposed location is within an existing development that was constructed with the appropriate improvements and mitigation measures for the site. 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 actual practice lessons minimally operate during business hours when the longest lessons extend past normal business hours in the area. This promotes a mixed, efficient use of the site within the Planned Community G:\Planning\Missy Grisa\CUP\75-400 Gerald Ford Drive#117-120\Staff Report Gymnastics Academy.doc Staff Report CUP 10-97 May 4, 2010 Page 5 of 6 Development zone. The proposed use complies with each of the requirements of PDMC 25.72 Conditional Uses, and no variances or adjustments are requested or required. 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. Classes operate during various hours from 9:00 a.m. to 8:00 p.m. Monday through Friday. Classes extend past typical business hours further utilizing existing infrastructure and parking which would not normally be used after 5:00 p.m. The business is compatible with surrounding land uses, and the proposed use would effectively use this center which is currently underutilized during the week; Monday through Friday. Environmental Review The proposed use is a Class 3 categorical exemption for purposes of CEQA and no further review is necessary. Conclusion The daytime parking survey illustrates there is an average of more than 33 available spaces during normal business hours from 8:00 a.m. to 5:00 p.m. Adjacent business 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 Friday. G:\Planning\Missy Grisa\CUP\75-400 Gerald Ford Drive#117-120\Staff Report Gymnastics Academy.doc Staff Report CUP 10-97 May 4, 2010 Page 6 of 6 The applicant would be limited to four coaches and class sizes would be limited to the estimated numbers as shown on the statement of use, as provided by the applicant, with no more than 20 students at any one time. The proposed use is recommended for approval, subject to conditions described in the attached resolution. Submitted by: Department Head: Mi y Grisa auri Aylaian Assistant Planner Director of Community Development G:\Planning\Missy Grisa\CUP\75-400 Gerald Ford Drive#117-120\Staff Report 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 OPERATE A GYMNASTICS PRACTICE FACILITY IN A PLANNED COMMUNITY DEVELOPMENT ZONE. THE PROJECT IS LOCATED AT 75-400 GERALD FORD DRIVE, SUITES 117-120 (APN: 694-160-004). CASE NO. CUP 10-97 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of May, 2010, 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 Planned Community Development zone. Although the proposed use is not typical of the businesses within the developed zone, the type of business conducted is in accordance with the objectives of the Zoning Ordinance purpose identified in Section 25.02.030B and provides exercise facilities that will promote and enhance public health as stated in the Intent and Purposes of Section 25.02.030. 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. The proposed location is within an existing development that was constructed with the appropriate improvements and mitigation measures for the site. Water, PLANNING COMMISSION RESOLUTION NO. 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 actual practice lessons minimally operate during business hours when the longest lessons extend past normal business hours in the area. This promotes a mixed, efficient use of the site within the Planned Community Development zone. The proposed use complies with each of the requirements of PDMC 25.72 Conditional Uses, and no variances or adjustments are requested or required. 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. Classes operate during various hours from 9:00 a.m. to 8:00 p.m. Monday through Friday. Classes extend past typical business hours further utilizing existing infrastructure and parking which would not normally be used after 5:00 p.m. The business is compatible with surrounding land uses, and the proposed use would effectively use this center which is currently underutilized during the week; Monday through Friday. 2 PLANNING COMMISSION RESOLUTION NO. 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 10-97 is hereby granted, subject to conditions attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of May, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: M.CONNOR LIMONT, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 3 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. CUP 10-97 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 9:00 A.M. to 8:00 P.M., Monday through Friday. 4. Desert Gymnastics Academy shall have a maximum of 20 students and 4 coaches at the subject 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 2008 Energy Efficiency Standards) 2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2007 CALIFORNIA FIRE CODE 2. Existing sanitary facilities may not be sufficient based on the intended use (gymnastics/other) noted on the plans and will be reviewed during the plan review process. 3. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 4. All contractors and/or owner-builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 4 The daytime classes are coed preschool gymnastics classes (ages 1 to 5) that are taught by safety certified, USA Gymnastics professional members. Each class consists of a short warm-up and then the students are instructed in basic gymnastics skills (cartwheels, handstands, balance beam, vaulting, bars, etc.). Afternoon classes consist of older students (ages 5 to 15) and are highly organized to allow students to learn basic gymnastics with an opportunity to progress to high level competitive gymnastics. Tuesday, Thursday, Friday 60 minutes classes are beginning/intermediate classes for the girl who is interested in learning the basic women's gymnastics events (vault, bars, beam, floor). The longer classes (3 1/2 hours) are team classes that involve the same group of children for each of those classes. The team program focuses on learning competitive gymnastics routines. The Gymnastics Academy The Gymnastics Academy Classes Average Class Size % Of Parents That Stay For Class Monday 3:30-7:00 15 0)/o Tuesday 9:30-10:15 3 100% Tuesday 10:30-11:15 6 100% Tuesday 1:00-1:45 6 100% Tuesday 4:00-5:00 10 25% Tuesday 5:00-6:00 5 25% Wednesday 10:45-11:15 6 100% Wednesday 1:15-2:00 6 100% Wednesday 3:30-7:00 15 (P/o Thursday 9:30-10:15 3 100% Thursday 10:45-11:30 6 100% Thursday 4:00-5:00 10 25% Thursday 6:45-7:45 6 0)/o Friday 2:00-2:45 4 100% Friday 3:30-7:00 15 T/o