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HomeMy WebLinkAbout2014-08-19 PC Regular Meeting Agenda Packet CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, JULY 1, 2014 – 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 ______________________________________________________________________ I. CALL TO ORDER Chair Roger Dash called the meeting to order at 6:10 p.m. II. ROLL CALL Present: Commissioner Nancy DeLuna Commissioner John Greenwood Commissioner Sonia Campbell Vice Chair Ken Stendell Chair Roger Dash Staff Present: Robert Hargreaves, City Attorney Lauri Aylaian, Director of Community Development Kevin Swartz, Assistant Planner Monica O’Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner John Greenwood led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Lauri Aylaian, Director of Community Development, indicated that at the meeting of June 26, 2014, the City Council addressed that a developer is proposing to annex additional territory into the City of Cathedral City. She noted that the proposed annexation areas are not the same areas that Palm Desert has studied or has been concerned with in the past. Secondly, the Council discussed change of colors for homes and businesses. They requested that staff do an educational outreach to the community so that they are aware of the limitations of changing paint colors. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 2 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\7-1-14 min.docx V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of June 17, 2014. Rec: By Minute Motion, approve as presented. Upon a motion by Commissioner Campbell, second by Vice Chair Stendell, and a 5-0 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None), the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a Conditional Use Permit (CUP) to operate a fitness and gym facility within an existing office professional building located at 44-651 Village Court. Case No. CUP 12-385 (Five Star Fitness and Gym, LLC, 73-585 Fred Waring Drive, Palm Desert, California 92260, Applicant). Mr. Kevin Swartz, Assistant Planner, reported that the site is located at the northwest end of Village Court. On December 3, 2013, the Planning Commission denied the CUP to allow the 22,617-square-foot fitness and gym facility. It was determined that the proposed use is not in accordance with the objectives of the Zoning Ordinance and the purpose of the Office Professional zone. The Commission also stated that the proposed gym is not compatible with the adjacent businesses and residential developments. He stated that the applicant filed an appeal to the City Council. On May 22, 2014, the City Council heard the appeal and testimony from people that were in favor or in opposition. The Council requested that the case go back to the Planning Commission for its review due to a modification to the proposed gym. He said that the modification added a rear entrance to the gym, which would only be used by gym users. Mr. Swartz informed the Commission that the applicant is now proposing a five star elite gym with two entrances. The gym would consist of a multipurpose room for classes, a weight training area, men’s and women’s locker rooms, saunas and steam PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 3 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\7-1-14 min.docx rooms, massage therapy rooms, a childcare room, and a juice bar. The gym would be open seven days a week from 6:00 a.m. to 9:00 p.m. on weekdays, and 7:00 a.m. to 7:00 p.m. on the weekends with 10 staff/trainers working at one time. He stated that the applicant has designed an upscale gym, and has also done everything that has been asked of him. He noted that the applicant has submitted letters of support from three businesses within the building, and has collected 57 signatures from employees along Village Court. However, staff has determined that the proposed gym still is not compatible with the Office Professional zone. In addition, adjacent residents have concerns with noise and traffic. Mr. Swartz stated that regardless of how exclusive the fitness and gym really is, it is not providing an appropriate environment for the professional offices. Staff recommended that the Planning Commission adopt a resolution denying the CUP. He offered to answer any questions or wait to answer questions after public testimony. Chair Dash declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MR. SURESH SHAH, 73-765 Shadow Mountain Drive, Palm Desert, California 92260, stated that he has returned to the Planning Commission as the City Council requested. He said that at the City Council meeting there were approximately 50 people at the meeting in favor of the fitness gym. He also said that he had approximately 200 signatures from people that were also in favor, with only one person in opposition. Mr. Shah stated that he resolved all the issues that the City had pointed out. He mentioned that he has a sound specialist present. He said that the background music is not going to cause a disturbance. He mentioned that he has people here to speak about his other facilities, and that they will state that he only develops a “Class A” facility. He stated that the gym is going to be a five star fitness gym, and made clear that it will not be a congested like Gold’s Gym or World Gym since they will only have a limit of 3,000 members. He offered to any questions. Commissioner Nancy DeLuna referred to the signatures Mr. Shah submitted in favor of the gym. She said that at the top of each page it says “As Employees, Owners and Tenants of businesses of Village Court . . .” and asked Mr. Shah if he can confirm that all the signatures are employees, owners or tenants of businesses in Village Court. MR. SHAH responded that they are not all at Village Court. He explained that most of them are in Village Court, but others are from across the street (Wall Street businesses) and businesses along Cook Street. He stated that the people who work with the stock market are very health conscious, they make millions of dollars in the stock market, and they would like a very nice fitness center to go to. Commissioner DeLuna asked Mr. Shah if it is not correct that the employees, owners, and tenants are all from Village Court as stated on the petitions. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 4 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\7-1-14 min.docx MR. SHAH replied that they are employees or tenants from the whole area (Village Court to Cook Street). Commissioner DeLuna commented that they are not all employees, owners, or tenants at Village Court as the petition presented. She asked if that is correct. MR. SHAH clarified that they are employees and owners; however, they are not only from Village Court. He said they are from Village Court, Wall Street businesses from across the street, and other businesses from Indian Wells. The following individuals spoke in FAVOR of the fitness center and gym facility. MS. SABRINA PEUKART, 7629 Shafter Avenue, Yucca Valley, California 92284, stated that she is commercial real estate broker in the high desert. She said she works closely with the City Council from 29 Palms, Yucca Valley, and San Bernardino County. Ms. Peukart mentioned that Mr. Shah is her client. She also mentioned that she and her daughter are members of Mr. Shah’s gym in the high desert. She said that the gym in the high desert is top notch and high class. She said she finds it interesting that Palm Desert separates the zones from a General Commercial zone to a Business Office Professional zone. She mentioned that she placed a small sleeping clinic across from the gym in Yucca Valley. Ms. Peukart stated that everything that Mr. Shah does is full class, and that she hopes the Planning Commission approves the gym in Palm Desert. Commissioner DeLuna asked Ms. Peukart how she is specifically acquainted with the proposed project. MS. PEUKART responded that she is a member of Five Star Gym in Yucca Valley, and she has sold land to Mr. Shah. She noted that there is a small sleep clinic across from the gym in Yucca Valley, and there have been no complaints. MS. EILEEN DRYDEN, 31-435 Villa Las Palmas, Thousand Palms, California 92276, commented that after the gym was opened in Yucca Valley, Dr. Elhajjar opened a sleep center not more than 30 feet away from the gym. She stated that sound has never been an issue for Dr. Elhajjar. She noted that he does sleep studies 24 hours a day, seven days a week. She mentioned that the Embassy Suites is adjacent to the proposed gym and has six tennis courts that will have people playing tennis, with tennis balls bouncing. She stated that she feels the proposed gym would be an asset to Palm Desert. She said that this would be a high-end gym for attorneys, doctors, and other professionals. Ms. Dryden last said that sound would not be an issue and the proposed gym should be approved. Commissioner DeLuna commented that the prior speaker represented Mr. Shah with some transactions, and she is from out of the area as a resident. She asked PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 5 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\7-1-14 min.docx Ms. Dryden how she is acquainted to the proposed project and if she is Mr. Shah’s employee. MS. DRYDEN responded that she is Mr. Shah’s employee, but she has also lived the Coachella Valley since 1967. She said she likes to see nice things and see businesses thrive and see new businesses come in. Commissioner Greenwood asked Ms. Dryden if the doctor’s office she referred to is located next to the Yucca Valley gym. MS. DRYDEN replied yes. MR. ROBERT LIENHART, 34-659 Via Josefina, Rancho Mirage, California 92270, commented that he has been a desert resident for over 20 years. He said he is currently a World Gym member, but in the past he’s also been a member at Gold’s Gym and 24 Hour Fitness. He said that he is always looking for the best place to take care of himself. Mr. Lienhart explained that a CUP gives the Planning Commission the flexibility to look at an area that is basically vacant, and say can we get a better use for it. Can we optimize this space? Is this going to be a better experience for the residents? He feels that the key to this decision is not based on a neighbor. If someone bought something five years ago, it is no reason that the Planning Commission should not have the flexibility to make the decision that is in the best interest of the community. He stated that he does not work for Mr. Shah. Commissioner DeLuna asked Mr. Lienhart how he is acquainted to the proposed project. MR. LIENHART responded that he met Mr. Shah approximately 20 years ago when he was a manager at KESQ television. He said he has done some business with Mr. Shah in the past. MS. CARRIE O’BRIEN, 73-373 Country Club Drive, Palm Desert, California 92260, stated that she is affiliated with Mr. Shah as the general manager for the current Five Star Gym in Yucca Valley. She will also work in facilitating the new Five Star Gym in Desert Hot Springs. Ms. O’Brien said she has been a proud resident of Palm Desert for 15 years, and there has never been anything in this area as nice as the gym in Yucca Valley. The gym is five star, state of the art, and is a private club; not like a 24 Hour Fitness or World Gym. She also stated that they have a sleep center 30 feet from their door, and they have never received a complaint or problem. She noted that they are located inside a mall, with most of the other tenants being medical offices and they have never received a complaint. Ms. O’Brien communicated that the Palm Desert location would be an elite gym with higher membership dues that would filter out any problem members. She stated that she guarantees 100 percent that the Palm Desert gym would not affect anyone in a negative way. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 6 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\7-1-14 min.docx MR. MIKE KNOLLHOFF, 13-730 Mesquite Avenue, Desert Hot Springs, California 92240, stated that he has been to the gym in Yucca Valley. He said that you cannot hear any noise outside until you go inside the gym. He commented that he is looking forward to the gym in Desert Hot Springs where he plans to become a member. He also commented that he was impressed with the quality of the equipment and services they offer, which is five star and would be a benefit to Palm Desert. Commissioner DeLuna asked how he is acquainted to the proposed project. The Desert Hot Springs resident responded that he heard of the Palm Desert gym. He has friends that work at the other Five Star Gym. He was hoping he could workout at both gyms, Desert Hot Springs and Palm Desert. However, he will not be able to due to the membership dues. MR. JONATHAN BURK, 66-195 South Agua Dulce Drive, Desert Hot Springs, California 92240, stated that he is in favor of the project, and he is the owner of Dynamic Audio Video. He mentioned that he does audio/video voice data and other systems for companies that are opening up. He said that they build the infrastructure and help companies with their objectives and goals to achieve sound control. He stated that every system could be designed to what the needs are of the business. Mr. Burk provided a flyer on the design, goals, solutions, and objectives for sound at the proposed gym. Commissioner DeLuna asked Mr. Burk how he is acquainted to the proposed project. MR. BURK responded that he became acquainted with Mr. Shah because he was networking to get work. He will be working with Mr. Shah on the sound system for the gym in Desert Hot Springs. MS. CORINNE ROBERTS, 79-999 Sage Avenue, Yucca Valley, California 92284, stated that she cannot imagine arguing against bringing in a fitness facility into their community. The goal is to promote exercise and healthy living by providing a safe environment. She said that Five Star Fitness is about health, nutrition, and overall wellness. Ms. Roberts stated that there is no other business you should want in a community, and the Planning Commission should welcome the proposed gym with open arms. Commissioner DeLuna asked Ms. Roberts how she is acquainted to the proposed project. MS. ROBERTS replied that she is an employee of the Five Star Gym in Yucca Valley. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 7 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\7-1-14 min.docx MR. BRIAN BOEGEL, 7407 Valley Vista Avenue, Yucca Valley, California 92284, stated that he is an employee of the Five Star Gym in Yucca Valley. He said that it is an amazing gym, and he cannot wait to see the Palm Desert facility if it gets approved. He believes that bringing Five Star Gym to Palm Desert will create the opportunity for every person regardless of age, gender, race, or weight to interact and develop relationships with each other while building and improving their health. MR. ROGER FISHER, 13-730 Mesquite Avenue, Desert Hot Springs, California 92240, stated that he met Mr. Shah when he worked for Desert Alarm and installed Mr. Shah’s DVR. He commented that Mr. Shah was very professional. He said that he found out about the Five Star Gym in Desert Hot Springs, which is a step above compared to other gyms. He mentioned that he is not comfortable going into a World Gym since he has mobility issues. He also mentioned that he has been to the gym in Yucca Valley and he felt a good vibe. He stated that he is looking forward to the Five Star Gym in Desert Hot Springs, and he hopes that the Planning Commission considers the proposed gym in Palm Desert. Commissioner DeLuna asked Mr. Fisher how he is acquainted to the proposed project. MR. FISHER replied that he met Mr. Shah approximately five years ago when he used to work for Desert Alarm. He said that he heard of the project through an acquaintance. MS. LISA WEBB, 72-810 Beavertail Street, Palm Desert, California 92260, stated that she has lived in the desert for over 30 years. She has been a member at 24 Hour Fitness, World Gym, Gold’s Gym, and Wise Gym. Currently she is a member at World Gym at the mall. She noted that when you are outside of World Gym there is no sound or people hanging out in front of the gym. She noted that she works for Mr. Shah. She is the property manager for the building at Village Court. She stated that if the gym is approved at Village Court, it will deter problems that they have been having at the Village Court. She reported that two weeks ago someone stole the water lines, and there was graffiti on the back wall. She said that with traffic coming in and out, it will deter some of the vandalism that is happening. She stated that she is in favor of the proposed gym. MR. ARTHUR GORIAN, 57-770 Buena Vista, Yucca Valley, California 92284, stated that he works for Mr. Shah at the Five Star Gym in Yucca Valley. He said that they are a private gym, and not like a Gold’s Gym or World Gym. They cater to their members and they will be the only gym of this type in the area. He commented that health and fitness is important to Five Star Gym. MS. IRENE DEVITO, 45-902 Spyglass Hill Street, Indio, California 92201, stated that Mr. Shah has been very well known in the community for several years. She PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 8 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\7-1-14 min.docx said that she is very familiar with the proposed project at Village Court. She said that the building has remained empty for a very long time, and she thinks the idea of putting something useful for the community is a positive one. She also thinks it is a great addition to the neighborhood and there is nothing like it in the area. It will prevent traffic for people driving to the Westfield mall gym. Ms. DeVito stated that she is familiar with Mr. Shah’s work, and knows that it will be top dollar. MS. DIANE BLASDEL, Applicant’s Attorney, 120 West Arenas, Second Floor, Palm Springs, California 92262, stated that she represents Mr. Shah and the Shah Family Trust in connection with the application this evening. She advised the Planning Commission that the issues that remain have fully been addressed by the applicant. Secondly, she has represented Mr. Shah in connection with his location in Yucca Valley. She said that she hopes the Planning Commission is familiar with the Hope Academy that just went in off of Highway 74. Hope Academy has been a tenant in the Yucca Valley mall for over five years. They have had an Armed Forces Recruitment Center at the mall along with other professionals, including the sleep center. She noted that the noise issues for educational reasons and the sleep study is very analogous to the Commission’s concerns this evening. She communicated that they have not had one sound or security complaint with tenants at the Yucca Valley facility. Ms. Blasdel also communicated that she would like to incorporate all prior minutes and comments made at the prior hearings. For the record, she stated that it is the applicant’s position that the Planning Commission improperly considered certain comments at the meeting held in November 2013 in connection with Mr. Shah’s history of code violations, and that the violations cost the city money and staff time. She stated that violations do occur with all land owners especially given the number of properties that Mr. Shah does own within the City of Palm Desert. She indicated that she is intimately familiar with the actions currently pending between the City of Palm Desert and the Shah Family Trust because she represents him in connection with the matters that are being handled by the City Attorney. She feels that the comments were inappropriate at the time and that they were essentially stated to be penalizing in nature. She stated that the violations have all been rectified and resolved, and should not be held or used against Mr. Shah in connection with this application. Ms. Blasdel conveyed that it is not relevant to the current application. Also in connection with the violations, it would be arbitrary and capricious against the applicant. She stated the Planning Commission’s findings must be supported by the evidence. It is the applicant’s position that the evidence submitted at all prior hearings, this evening, and as city staff previously outlined, support the findings of the proposed resolution granting the application that city staff proposed in November 2013. The findings therein had additional support because the applicant has rectified essentially every single issue that has been raised by the city and/or the staff. Furthermore, she said that the location and the proximity of this project has not changed since it was applied and since staff initially proposed the resolution to grant the applicant approval of the project. She thanked the Planning Commission for their time. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 9 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\7-1-14 min.docx The following individuals spoke in OPPOSITION to the fitness center and gym facility. MRS. CINDY KLEINE, 44-651 Village Court, Palm Desert, California 92260, stated that they purchased a parcel that is within the building at Village Court. She made clear that she is not against health and she works out herself. She stated that she thinks that it is admirable that Mr. Shah wants to put in a fitness facility. Mrs. Kleine and her husband are in opposition. She stated that they purchased their suites approximately two years ago. She said that they have a business model of higher-end financial planning services. She stated that a gym is not conducive to their business model or what they had intended their investment to be. Mrs. Kleine stated that Mr. Shah purchased the building with the assumption that they were tenants. He was surprised to find out that she and her husband, along with the other owners, were opposed to the gym. She said that she does not know where they stand tonight. She voiced that it is like a homeowners’ association, you buy into it, you know what the rules are, you know what the regulations are, and you even know what paint chip you are allowed to paint your building. She indicated that Mr. Shah purchased the remaining parcels, and now they are the dog that is being wagged by tail; that is how they feel. They all purchased their property with the intent that the neighborhood would remain professional. Again, she made clear that she is not opposed to a gym. She noted that Mr. Shah has done a good job trying to appease them; however, the problem still remains. She asked the Planning Commission if the proposed gym does go forward, what and who will uphold all the promises that Mr. Shah and his employees are making with the membership dues, the quality of the build out, and the quality of the sound—she does not have the resources to monitor traffic flow. They are a small business and have lived in the desert for over 15 years. She voiced it is not the right place, especially with the traffic once the economy picks up. She noted that she visited the facility in Yucca Valley. It may be upscale for Yucca Valley; however, she feels that it is similar to the new World Gym. DR. JEFFREY SCHANTZ, 44-651 Village Court, Suite 150, Palm Desert, California 92260, stated that he purchased a suite at Village Court approximately six years ago. He said that he bought into this building because it was zoned Office Professional. If he knew there could be a gym, he would have never had purchased the suite in this building. He communicated that he has an investment and long term loans for the building, and a gym is not compatible with a high-end orthodontic practice. He stated that the city made a promise when the building was zoned Office Professional, and here they are six years later and he is not sure that promise is going to be kept. He asked the Planning Commission who they prefer being committed to, the original buyers who follow the rules or the latest new owner that wants to change the zoning. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 10 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\7-1-14 min.docx DR. MORGAN MIRANDA, 44-651 Village Court, Suite 150, Palm Desert, California 92260, stated that he is a partner with Dr. Schantz. He said there is a lot of discussion regarding the quality of the gym and the sound. He commented that he does not have a doubt that it will be a nice gym, and he is sure that the sounds could be mitigated. However, traffic is harder to study since you will not know what traffic will be like. He stated that they have addressed all the issues with Mr. Shah, and he has been good in mitigating their issues. The main issue is that he and his partner searched for a building for a long time, and they chose Village Court because it was zoned for Medical/Office Professional. As Dr. Schantz stated, they would have not bought a suite in this building if they knew a gym was going in. He noted that Yucca Valley has a very different environment from Palm Desert. They chose Palm Desert and Palm Desert chooses to have areas zoned for different uses. Vice Chair Ken Stendell asked Dr. Miranda if he and Dr. Schantz openly listened to Mr. Shah’s proposal when it was presented to them. Did they consider what he was presenting? Or did they keep a closed mind during the whole process? DR. MIRANDA responded that he believes they have been open and sat through many things, and Mr. Shah did appease some of their concerns. He commented that they did let know Mr. Shah now that they were in opposition of the gym from the beginning. He stated that they have been open to changes. DR. SVETLANA RUBAKOVIC, 44-650 Village Court, Suite 100, Palm Desert, California 92260, stated that she has owned a suite in the Village Court building for almost 10 years. It is a high-end medical office. She said that when she bought the office she looked for a place that was a totally professional plaza, and it was going to stay as professional offices. She mentioned that it was a huge investment for her, and she was assured that the building was going to stay zoned Office Professional. She has been in opposition of the gym along with the tenants. She feels that a gym is not the right place to be next to high-end medical offices, investors, and attorneys. She stated that she shares Dr. Miranda and Dr. Schantz’s opinions 100 percent. Chair Dash asked the applicant if he had any additional comments. MR. SHAH commented that he is not denying the building is zoned Office Professional; however, there is a high-end art studio using 6,000 square feet for internet sales and no one complained about the studio. Secondly, there was a big burglary at Village Court a couple of weeks ago. He said most of the people at Village Court leave Friday at 5:00 p.m. for the weekend. The burglars stole about 24 water valves, and water was shut off for most of the day on Monday. He stated that if the gym were there seven days a week, with people coming and going, it will reduce crime at Village Court. He also stated that with the hours of the gym 6:00 to 8:00 a.m. during weekday mornings and weekends 7:00 a.m. to 7:00 p.m., he does not see the gym being a disturbance to anyone. It is a good PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 11 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\7-1-14 min.docx fitness studio and there is not another fitness facility in the area like it. He feels that the location is perfect, and he has bent backwards for the city, as well as the neighbors. The gym will be high-end and equipped with Italian equipment. Mr. Shah stated that he is putting in a couple of million dollars in tenant improvements, and noted that he is not asking the city to help him financially. He feels that the Planning Commission should approve the Five Star Gym. Ms. Aylaian asked the Planning Commission if they had any questions for staff. Commissioner DeLuna asked staff if residents and people from homeowner associations have contacted the City regarding their feelings about the proposed gym. Mr. Swartz responded that he received letters and/or phone calls from home owners at Hidden Palms and Colony Cove in opposition of the proposed gym. Vice Chair Ken Stendell asked if City staff helps guide an applicant through the process when they come to the counter. Mr. Swartz replied yes. Vice Chair Stendell asked if Mr. Shah was aware that the building is zoned Office Professional, and would be required to have a CUP in order to gain approval. Ms. Aylaian responded that staff did advise Mr. Shah that the City had concerns about putting a gymnasium in an Office Professional zone. She added that the process has been ongoing for a couple of years during which time the Zoning Ordinance was rewritten. She stated that when staff first took in the case, a gymnasium was not a listed use either as a conditional use or permitted use in any zone. She communicated that there is a clause that said an applicant could go before the Planning Commission for a use determination in such instances to find if the Planning Commission would like to consider this a conditional use or permitted use in a particular zone. Ms. Aylaian explained that in order to expedite matters for Mr. Shah, staff explained to him that because the use was not listed they could ask both questions at once: 1) Should a gymnasium be a permitted or conditional use in the Office Professional zone?; and 2) If so, and the answer that is it should be a conditionally permitted use, will you approve a CUP at this location for this project? At this point the Zoning Ordinance had been rewritten and staff has cleaned up the ordinance to define a gymnasium and a health club. It was then specifically clarified that it is not a permitted use in an Office Professional zone. She stated that because the zoning ordinance was rewritten part way though Mr. Shah’s case, it did not apply to his case so now the question is, should the CUP be granted for this use? PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 12 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\7-1-14 min.docx With that said, Vice Chair Stendell asked when the Planning Commission is considering a CUP, they are looking for compatibility with the surrounding businesses within a building. Ms. Aylaian replied absolutely. However, she had a difference of an opinion from the gentleman that spoke from Rancho Mirage pertaining to their general plan. She stated that a conditional use in Palm Desert is not for temporary use or transient uses when trying to fill-in vacant real estate. It is done to determine under what conditions a particular business or a use can be made compatible with its surroundings. Therefore, the Planning Commission is looking at the proposed business to determine if it can it be made a compatible use within this setting and context. Vice Chair Stendell asked if this area is considered as blighted or under used office professional area. Ms. Aylaian responded that she feels this location would not qualify as being blighted. Vice Chair Stendell clarified that the building is being under used. Ms. Aylaian replied yes. With no further testimony offered, Chair Dash declared the public hearing closed. Commissioner Greenwood commented that he is a proponent of business, and if a market exists for this type of gym he would like to see it in Palm Desert. It would be a great amenity for its residents. However, he does not feel that this is the location for the proposed gym. He stated that he sides with the existing business owners, and he wants to respect the zoning that was in place when they purchased their business. He said that he would have trouble from a CUP standpoint seeing that this has the merit to overwrite that. Commissioner DeLuna concurred with Commissioner Greenwood’s remarks. She indicated that she appreciates that the applicant has gone to effort to mitigate concerns with noise and the entrance. She stated that this is not an issue of noise or the entrance; it is an issue of permitted or zoned land use. It is an issue about people that purchased business property relying on the City to accurately define what businesses would be located within that zone, and the City has gone through a great deal of time and effort over the years to pick the highest and best use for different uses throughout the City of Palm Desert. Commissioner DeLuna communicated that she supports a high-end gym in Palm Desert; however, the proposed gym does not fit the criteria for this location. She pointed out that the previous Mervyn’s building has 22,000 square feet of commercial space available. There’s also a large empty facility next to Costco and there is the old World Gym facility that is already zoned for this type of usage PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 13 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\7-1-14 min.docx which will welcome a high-end gym of the kind that has been mentioned. The location at Village Court is not the correct location for a gym. She moved for approval of the resolution for denial of the gym. Vice Chair Stendell stated that he tends to agree, and he feels for the individuals that have invested money for their businesses. He said that he does not know of any other business within the building complex that has had to apply for a CUP. It appears that everyone in the building is within the Office Professional environment. He stated that it is difficult to say no to something that will generate tax base and provide income to a tenant and fill a building. When taking a look at this, one has to take a look at all of it. If this was a permitted use in this situation, it would be a slam dunk and fairly easy. He said that the Planning Commission is being asked to conditionally approve something that is being opposed by individuals that have put their money into their business. He commented that he would like to see a high-end gym, but in his opinion, it does not belong in an office professional environment. Commissioner Sonia Campbell stated that the proposed gym could be made compatible in this area with everything being proposed by Mr. Shah. She thinks the other businesses will actually have more business due to the traffic that will be going there. With the high-end gym, it is going to be more of the opulent person that will be a member and not the muscle man. She commented that she does not think it is compatible even though a CUP is a conditional use. If something goes wrong, the permit could be revoked. Chair Dash commented that in response to the Planning Commission’s requirements the applicant has done the following: added a rear entrance to the facility, addressed the parking problem, reduced the hours of operation, modified the class schedule, restricted the use of music, reduced the total membership population, eliminated alcohol sales, and modified building construction for sound abatement. He stated that there appears to be two issues that are unresolved. First is the compatibility with the surrounding businesses. It is often that a commercial gym is a high intensity use, and would be disruptive to the surrounding professional businesses. However if the phrase is changed to an upscale five star physical fitness center, attracting an array of professionals will be opened and in close proximity to their places of employment. He asked the Planning Commission if that makes a difference in their thinking, because that is the way it was presented as he reviewed the tape to the City Council on May 22. Chair Dash stated that there was an array of professionals who identified themselves as working in the area. They testified to the need to be able to leave the office, go to the gym, shower, and return to the office. They thought that the proposed gym would be helpful to them. He said that it was also suggested that the presence of the proposed gym would impair the integrity of the character of the area. He stated that he believes it will be self-controlling with the high membership fees. He commented that he looked at the character of the people who were testifying to the City Council, it did not look like it will be a problem in PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 14 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\7-1-14 min.docx bringing in deterioration to the community. He also commented that having the proposed gym at Village Court may not aid the businesses. He said he visited the site and there is very little activity. Bringing in some new clients or people who may be exposed to operations and services that they have never seen before so it might be some help to the local businesses. He feels that the compatibility could be worked out. The second issue deals with the past record of the applicant. He communicated that it once was introduced to the discussion and cannot be totally ignored. However, it does require an assessment of its pertinence or relevancy to this particular project, and the Planning Commission should be mindful of that. He conveyed that he does not consider that the overarching or the premier factor in making his yes or no decision in this particular project. If it is, he does not know if it is possible or not, he said staff could work with legal counsel to author the CUP in a manner that there is a very short fuse if there is any violation that revocation action would begin immediately. He stated that these are the notions he’s had and entertained regarding the proposed gym. He informed the Planning Commission that he would support the project. There were no further comments. Commissioner DeLuna moved, by Minute Motion, to approve a resolution of denial for a Conditional Use Permit to operate a fitness center and gym facility within an office professional building. Motion was seconded by Vice Chair Stendell and carried by a 3-2 vote (AYES: DeLuna, Greenwood, and Stendell; NOES: Campbell and Dash; ABSENT: None). Commissioner DeLuna moved, by Minute Motion, to waive further reading and adopt Resolution No. 2631 for denial of Conditional Use Permit No. 12-385. Motion was seconded by Vice Chair Stendell and carried by a 3-2 vote (AYES: DeLuna, Greenwood, and Stendell; NOES: Campbell and Dash; ABSENT: None). Commissioner DeLuna commented that in the event this matter goes to the City Council, she encouraged all interested parties to please attend the Council meeting and be heard. She thanked everyone for coming to the Planning Commission meeting. Ms. Aylaian indicated that this matter will be returning to the City Council. X. MISCELLANEOUS Ms. Aylaian informed the Planning Commission of an Energy Resource Center Innovation tour given by Southern California Gas Company. It will be held on July 30, 2014 at 7:30 a.m. She said that if anyone is interested in attending to please let her know. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 15 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\7-1-14 min.docx XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None XII. COMMENTS Ms. Aylaian announced that the second Planning Commission meeting in July will be cancelled, and there will be a meeting August 5. Commissioner Greenwood asked if there is a schedule for the General Plan Update meetings. Ms. Aylaian responded that she does not have dates; however, she expects to have a meeting later this month. XIII. ADJOURNMENT Upon a motion by Commissioner Campbell, second by Vice Chair Stendell, and a 5-0 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None), Chair Dash adjourned the meeting at 7:36 p.m. ROGER DASH, CHAIR ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O’REILLY, RECORDING SECRETARY