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HomeMy WebLinkAbout2013-12-03 PC Regular Meeting Agenda Packet CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY,NOVEMBER 5, 2013–6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 ______________________________________________________________________ I.CALL TO ORDER Chair Nancy DeLunacalled the meeting to order at 6:00p.m. II.ROLL CALL Present: CommissionerKen Stendell Commissioner John Greenwood Commissioner Sonia Campbell Vice Chair Roger Dash Chair Nancy DeLuna Staff Present: Jill Tremblay,City Attorney Lauri Aylaian, Director of Community Development Tony Bagato, Principal Planner Kevin Swartz, Assistant Planner Monica O’Reilly, Administrative Secretary III.PLEDGE OF ALLEGIANCE Commissioner Sonia Campbell led the Pledge of Allegiance. IV.SUMMARY OF COUNCIL ACTION Ms.Lauri Aylaian, Director of Community Development,reported that at the meeting ofOctober 24, the City Council directed staff to prepare a modification to the Zoning Ordinance addressing accessory structures. The modification will go to the Planning Commission for review then to the City Council. The Council also approved a Temporary Use Permit for an annual event called Behind a Miracle. It involves closing El Paseo between Highway 74 and Ocotillo Drive. They also approved the first reading of the neon sign ordinance as it was recommended by the Planning Commission. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 V.ORAL COMMUNICATIONS None VI.CONSENT CALENDAR A.MINUTESof the Planning Commission meeting of October 15, 2013. Rec: By Minute Motion, approve as presented. B.REQUEST FOR CONSIDERATIONof lotline adjustments for Whole Foods and Nordstrom Rack buildings (APNs 640-330-001, 640-330-012, & 640-340- 002). Case No. PMW 13-301(Harsch Investment Realty, LLC,1121 SW Salmon Street, Suite 500, Portland, OR 97205, Applicant) Rec:By Minute Motion, approve lot line adjustments, Case No. PMW 13-301. C.REQUEST FOR CONSIDERATIONof a lot line adjustment at 1018 Cahuilla Hills, Bighorn Development (APNs 652-320-006 & 652-130-039). Case No. PMW 13-324 (Bighorn Golf Club, Inc., 255 Palowett Drive, CA92260, Applicant) Rec:By Minute Motion, approve a lot line adjustment, Case No. PMW 13- 324. Upon a motion by Commissioner Campbell, second by Commissioner Stendell, and a 5-0vote of the Planning Commission, the Consent Calendar was approved as presented. VII.CONSENT ITEMS HELD OVER None VIII.PUBLIC HEARINGS A.REQUEST FOR CONSIDERATIONof a Conditional Use Permit to operate a fitness & gym facility within an existing office professional building located at 44-651 Village Court. Case No. CUP 12-385(Five Star Fitness & Gym,LLC, 73-585 Fred Waring Drive,Suite 201, Palm Desert, CA 92260,Applicant). Mr. Kevin Swartz, Assistant Planner, reported that the site is located at the northwest end of Village Court, and is zoned Office Professional. He said that to the north, south, and west is Planned Residential, and to the east is Office Professional. On December 6, 2005, the Planning Commission approved PP/CUP 05-23 to allow the construction of a single-story office building. He said that the project provided 173 on-site parking spaces. He stated that the applicant is proposing a five star elite gym with no more than 3,000 members,and membership dues of $129.00 a month. The facility consists of a multipurpose 2 G:\\Planning\\Monica OReilly\\Planning Commission\\2013\\Minutes\\11-5-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 room for exercise classes, an aerobic equipment room, a weight training area, men’s and women’s locker rooms, sauna and steam rooms, massage therapy rooms, a childcare room, an internet café, and a juice bar. Mr. Swartz said that the facility would be open seven days a week from 6:00 a.m. to 9:00 p.m. on the weekdays, and from7:00 a.m. to 7:00 p.m. on the weekends. The facility would have 10 staff and trainersworking at onetime. He noted that the office building currently has five owners. He said that the total amount of parking needed based on the existing, future, and proposed fitness facility is 193 parking spaces, and the site maintains 173 parking spaces. Mr. Swartz noted that typically gym facilities are busiest from 11:30 a.m. to 2:00 p.m., and provided the results of the parking study that staff conducted. He stated that when the applicant originally submitted the application, staff had concerns with noise and the proposed hours of operation, which would cause disturbance to existing tenants and neighboring business owners. In the modified proposal, the applicant hasreduced the hours of operation, modified the schedule for classes with loud music, no more than 3,000 memberships, and is no longer proposing a bar serving alcohol. Mr. Swartz stated that the applicant is also proposing dues of $129.00 a month to recruit a more upscale client base. He said that staff believes that the facility as proposed and conditioned would be a low intensity use and compatible with the existing businesses and surrounding residents. Staff recommends that the Planning Commission adopt Resolution No. 2597, approving Conditional Use Permit 12- 385. He offeredto answer any questions, and notedthat there are two letters that were provided after the agenda was distributed. Commissioner RogerDash mentioned that one of the tenants requested designated parking spaces, and asked if there isgoingto be designated parking. Mr. Swartz responded that the owners could designate parking spaces within the property owners’association (POA). Commissioner Dash asked if the designation of parking spaces would be the responsibility of the owners or the POA. Mr.Swartz replied that is correct, and noted that the whole project has shared parking. Commission Ken Stendell asked if businesses have designated parking spaces, what type of enforcement would be in place. Ms. Aylaian responded that by State law, aprivate property owner who hastheir own parking lot is permitted to properly signtheir lot citing the municipal code and State law,giving them the authority to tow unauthorized vehicles. The City does not enforce parking restrictions on private propertyso it would be up to the POA to designate what stalls are for which users, and it would be up to the POA to enforce the parking. 3 G:\\Planning\\Monica OReilly\\Planning Commission\\2013\\Minutes\\11-5-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 Commissioner John Greenwood referred to Condition of Approval No. 16. He asked what options are available if parking is insufficient in the future. Is there a management plan? Mr. Swartz responded that the applicant would have to present a proposal. He mentioned that one option forthe applicant is toget reciprocal parking easements or agreements with the other business owners, or work something out with the hotel if they have extra parking. Commissioner Greenwood clarified that staff feels there are options available, if there is a parking issue. Mr. Swartz replied that he cannot reply yes since he has not seen a proposal. Commissioner Stendell referred to Condition of Approval No. 11. He asked if there could be amplified sound between 5:00 p.m. andclosing. Mr. Swartz said that classes such as spin and Zumba could be held after 5:00 p.m. after the other businesses are closed. Commissioner Stendell commented that Condition No. 11 only takes the other tenants in the building into consideration. He asked about amplified noise for the surrounding neighborhood. Mr. Swartz responded that the gym closes at 9:00 p.m., which should not impact the residential area. He also noted Condition of Approval No. 10. If staff believes the noise is disturbing, excessive or offensive, the applicant must sound proof the interior walls. Commissioner Campbell asked if parking on the backnorth side could be restricted,if noise becomes a problem for the neighbors. Mr. Swartz replied that a condition could be added; however, he is not sure how it could be regulated. He mentioned that one option is coning it off, which they could look into in the future. Chair DeLuna inquired if there is a way to measure the amount of sound that comes outside of the building. Mr. Swartz responded that the Code Department has sound level meters. Ms. Aylaian added that there are sound level meters that are operated by Code Compliance officials in the event there is a complaint. If there is sound that is disturbing to a person of normal sensitivity, then that constitutes a violation of the sound ordinance and the City could enforce it as a code compliance measure. Commissioner Greenwood clarified that no noise mitigation will be done to the building until three complaints are received within a year. 4 G:\\Planning\\Monica OReilly\\Planning Commission\\2013\\Minutes\\11-5-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 Mr. Swartz replied that is correct. Chair DeLuna declared the public hearing openand asked for any public testimony IN FAVOR or OPPOSITION. MR. SURESH SHAH, 40-530 Morning Star Road, Rancho Mirage, California 92270, stated thatFive Star Fitness & Gym is an upscale fitness club that is needed in the Coachella Valley, andwill cater to serious health conscious people. He said that the reason membership is highly priced is because of the expensive and very exclusive Italian equipment, and all cardio equipment will have a television. Mr. Shah stated that he wants to make the fitness and gym a place where women could go to the spa, weight loss center, and exercise. He said that he is hiring three to four trainers, with great credentials. He stated that he currently owns approximately 30,000 square feet of the building, he’s using approximately 22,500 for the fitness and gym, and he would like to use the rest of the space for a weight loss center and hair and nail salon.Mr. Shah said there is enough parking, and there is a shared parking agreement. Last, he noted that if you go to World Gym, you are unable to hear noise outside the door. ViceChair Dash inquired about how many people would be using the gym per day. MR. SHAH replied that 250 to 300 members per day coming in atdifferent times of the day. He mentioned that the hours between 1:00 to 4:00 p.m. would be busy since the stock market closes at 1:00p.m. Commissioner Greenwood asked Mr. Shah if he has reciprocal parking agreements currently in place. MR. SHAH replied that there are reciprocal easements recorded for all four owners. He stated parking and noise will not be a problem. Commissioner Greenwood asked if the parking numbers that were presented by staff were accurate for theapplicant, or is there more parking that was not presented. MR. SHAH responded that there is enough parking. He mentioned that the dentist is busy in the morning, after that time, there are not many cars. Commissioner Greenwood stated that based on theparking calculations, they are deficient 20 spaces. Mr. Swartz stated that is correct. Commissioner Greenwood stated to Mr. Shah that the project is deficient 20 parking spaces, and there is not a reciprocal parking agreement in place for additional parking. 5 G:\\Planning\\Monica OReilly\\Planning Commission\\2013\\Minutes\\11-5-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 MR. SHAH stated that is right. He said that he already has 20 spaces because he sold 6,200 square feet to an art gallery. The art gallery is asking for three to four spaces reserved for them in the front. Chair DeLuna asked Mr. Shah what the monthly dues will be. MR. SHAH responded that the dues will be $129 per month. MR. BOB LIENHARD, 34-659 Via Josefina, Rancho Mirage, California 92270, stated that he has been a desert resident for 18 to 20 years. He said that he has belonged to four gyms: World Gym, Gold’s Gym, OG Fitness, and 24-hour Fitness. He thinks that this is an opportunity to break out the standard low price leader strategy in the fitness centers. Five Star Fitness will draw an upscale clientele, and it is a place that he would look forward to having amembership. He added that he could notremember hearing sound from the cardio areasin the weight room area. He thinks that the concern with noise could be easily mitigated. He stated that this project would be an asset for the community. MR. NARENDRA PATEL, 71-711 San Jacinto Drive, Rancho Mirage, California 92270, stated that he is the architect for this project. He is looking forward to this facility. It will have very many exclusive features, and would be a great asset for the city. MS. EILEEN DRYDEN, 31-435 Via Las Palmas, 1000 Palms, California 92276, stated that she owns property in Palm Desert. She said that this gym would be a great asset to the community. She mentioned that Mr. Shah has built another gym that is very high class located inside a mall in Yucca Valley. She said you cannot hear loud music coming from the cardio classes when standing within the gym so noise will not be a factor. The gym will be very high end, and she looks forward to using the saunas and the spa. Ms. Dryden stated she is in favor of the gym. MR. KEN SORENSON, 43-680 Corte Del Oro, La Quinta, California 92253, stated that he supportsthe gym in Palm Desert. He said that he has tried all the gyms, and that Mr. Shah’s gym is going to stand apart from the rest due to clientele that it would bring in and it is centrally located. He mentioned that he has been to many gyms, and he never had a problem with noise. MR. TED EICHELBERGER, 73-733 Fred Waring Drive, Suite 205, Palm Desert, California 92260, stated that he is a general contractor that helped Mr. Shah build the gym in Yucca Valley. He stated that sound was mitigated at the gym in Yucca Valley, and that it would carry over to the gym in Palm Desert. He also mentioned that Mr. Patel is a one of the best architects in the cityas far as he is concerned. He has never designed anything that you would not be proud of to look at, and it will be a very nice project. DR. JEFF SCHANTZ, 44-651 Village Court Drive, Suite 150, Palm Desert, California 92260, stated that he is the first owner in the building, which was 6 G:\\Planning\\Monica OReilly\\Planning Commission\\2013\\Minutes\\11-5-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 zoned Office Professional when he purchased it. He stated that his dental would be located next to the gym, and is concerned of what would happen to the value of his practice and to the real estate. He said if the Planning Commission decides to approve this project, he also has a concern with the loss of common area that they are part owners of. He asked that there be provisions for the use of the remaining bathroom to be used by the tenants that are not owners of the gym. MR. TOM KLEIN, 44-651 Village Court, Palm Desert, California 92260, stated that he is the President for Advanced Retirement Strategies,and he owns two condo suites in the building. He said that when he purchased the office suites in 2011; they weresold as Office Professional/Medical/Dental. He commentedthat his office is located inside the lobby off from the main lobby to the left. Ifhe had any indication that a gym was going in this professional office building, he would have never bought the condos. He noted that the design calls for the lobby to be the entrance for the gym so all the folks that are going to the gym are going to go into the front lobby. He is concerned that people in gym clothes will be hovering all over the lobby in front of hisoffices. He stated that he does not feel that the office building is appropriate for a gym. He also stated that the design has the childcare facility next to hisoffices, and the internet café is next to hisconference room. He expressed that in his business privacy and confidentiality is important to him, and that is a concern of his. DR. MORGAN MORANDA, 44-179 Constitution Drive, Indio, California 92201, stated that he his partners with Dr. Schantz, and an owner of one of the large suites. He said that they would not have purchased a suite if they knew a gym would be in the same building. He mentioned that they have met with Mr. Shah several times and that the gym is very well designed, but it is not the right place for it. Dr. Moranda stated that they have met with Mr. Shah regarding changes that they could make; however, the diagram that is being shown does not show what the building lookslike now. He said there is common space and a bathroom being taken away, which was discussed with thepossibility of compensation,but that has never been written down on paper. His other concerns are parking and traffic. He commented that a parking studywas done, but was it done during peak season or during the summer?Dr. Morgan also commented that Mr. Shah was going to make changes to the club entrance so that they have their own separate entrance, which he does not see on the diagram.He voiced that if the project is approved, he hopes that their concerns are addressed. MR. SHAH addressed the Planning Commission that his architect is available to show a slide show of the interior design of the gym. He stated that he is taking some of the common space on his side because no one else is in the area except for two small suites owned by Mr. Klein. He said that he is compensating all three owners that have paid for the common area. Chair DeLuna asked Mr. Shah if he decided to compensate the owners unilaterally or involve the owners in that decision. 7 G:\\Planning\\Monica OReilly\\Planning Commission\\2013\\Minutes\\11-5-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 MR. SHAH replied that the owners approached him about compensation if he is going to be taking over the common area. He explained that he had his architect calculate the square feet to give them money back. Chair DeLuna said that she does not think the Planning Commission needs to see a slide show of the interior design. Ms. Aylaian added that a slide show of the interior is not typically something that the Planning Commission would look at. If the Commission would like to entertain a presentation, they could do so. Vice Chair Dash inquired if the City would be involved in the compensation for the loss of the common area. Ms. Aylaian replied no. She said that she has heard several items by the applicant that seemed to be representations made to surrounding business owners, and items that were not picked up in the staff report.Some of the items were double wall construction with sound insulation in between, that the entrance would be moved to the west side, and that there would be compensation for the common areas. She stated that if the Planning Commission believed they were appropriate adjustments for putting this use in an office professional building, it would be appropriate for the Planning Commission to add these conditions. With no further testimony offered, Chair DeLuna declared the public hearing closed. Commissioner Stendell commented that after hearing the other property owners, he feels for them. He expressed his concerns with the entrance to the gym, and the interior courtyard. Arethere going to be lounge chairs? How is it going to be used? He is concerned that the courtyard will be a gathering place for club members. Commissioner Greenwood voiced that he is concerned with traffic and parking. He said that he would like to see more evidence supporting the parking study. He also said that he would like to see more testimonyfrom World Gym or Gold’s Gym based on a similar member base. How many members do they have per day? He said he would like to know what options are available if parking becomes an issue in the future. Commissioner Campbell mentioned that she drove by offices around 9:15 a.m., and there were hardly any cars in the parking lot. She mentioned that she has been going to her doctor there for many years, and she has never experienced a traffic problem. However, she would like to see a separate entrance for the gym, and have sound barriers added to the Conditions of Approval. She commented that she feels it would be an asset to the community. For a membership of $129 a month, she does not see 3,000 members going all at once. Vice Chair Dash commented that the major concerns are noise and parking. He said now there’s also concern with the location of the main entrance of the gym. 8 G:\\Planning\\Monica OReilly\\Planning Commission\\2013\\Minutes\\11-5-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 He feels that all items have been addressed with the Conditions of Approval, and some measurescan be taken to enforce those provisions. Commissioner Stendell inquired if the Planning Commission is being asked to approve the project as it is currently designed. Chair DeLuna replied yes. Chair DeLuna communicatedthat the City carefully assigns land usescompatible with overall zoning. She stated that the applicant is asking for a special use not permitted by the current zone. In addition, the applicant has a history of code compliance issues that have cost the City money and staff time. Chair DeLuna asked Ms. Aylaian if a building owned by the applicant had a tenant involved in criminal activity. Ms. Aylaian replied that she believes that is correct. Chair DeLuna asked if the applicant has had code compliance issuespertaining to signage,and painting of a commercial building. Ms. Aylaian responded that there have been code violations unrelated to this case. Chair DeLuna expressed that the applicant is askingfor special treatment at this time; it is not unreasonable to ask for conditions to assure future compliance with City standards and requirements. The applicant plans to have 3,000 members in his gym.However, out of an abundance of caution for fire safety and adjacent residential neighborhoods, conditioning the membership to nomore than 1,500 to 2,000 is a more reasonable expectation. She said that the applicant has stated that members will pay $129 per month to discourage the type of loitering that sometimes occurs outside of gyms and in parking lots. She also said that memberships are submitted to the City on an annual or semi-annual basis. She asked if that was correct. Ms. Aylaian responded that one of the Conditions of Approval required that the membership lists be submitted twice a year. Chair DeLuna stated that she would like to add a condition to show the amountof membership paid by the different members so that the City could assure that the applicant is requesting a high-class clientele.She voiced that the other owners purchased property in the building with the understanding that it would be in an Office Professional zone. She stated that this type of gym would be welcomed in the City; however, she feels that it is not the right location for a gym. Chair DeLuna requested a resolution of denial. 9 G:\\Planning\\Monica OReilly\\Planning Commission\\2013\\Minutes\\11-5-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 Commissioner Stendell moved, by Minute Motion, that staff prepare a resolution for denial of Conditional Use Permit No. 12-385.Motion was seconded by Commissioner Greenwoodand carried by a3-2votewith Vice Chair Dash and Commissioner Campbell voting NO. Ms. Aylaian stated that staff will have to prepare the resolution of denial, and will return to the Planning Commission on November 19, 2013. She noted that there willnot be a public hearing since the public hearing has been closed. IX.MISCELLANEOUS None X.COMMITTEE MEETING UPDATES A.ART IN PUBLIC PLACES None B.PARKS & RECREATION Commissioner Dash gave an update on the University Park dog park parking issue. The Parks & Recreation Commission recommended expanding the dog park at Freedom Park, which will go to the City Council for approval. Chair DeLuna asked if it is a land use issue that the Planning Commission will need to review or will it go directly to the City Council. Ms. Aylaian responded that it would not go to the Planning Commission. The expansion only involves rearranging square footage in an existing approved park. XI.COMMENTS Commissioner Stendell commented that the Planning Commission denied the fitness and gym facility. He inquired if Mr. Shah would be able to return with an alternate application addressing the concerns that were expressed this evening. Ms. Aylaian responded that the applicant would not be able to submit the same or substantially similar application for one year. 10 G:\\Planning\\Monica OReilly\\Planning Commission\\2013\\Minutes\\11-5-13 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 XII.ADJOURNMENT Upon a motion by CommissionerGreenwood, second by Commissioner Stendell, anda 5-0vote of the Planning Commission, Chair DeLunaadjourned the meeting at 7:10p.m. NANCY DE LUNA, CHAIR ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION 11 G:\\Planning\\Monica OReilly\\Planning Commission\\2013\\Minutes\\11-5-13 min.docx