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HomeMy WebLinkAbout2013-04-02 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES TUESDAY, APRIL 2, 2013 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Nancy DeLuna called the meeting to order at 6:00 p.m. 11. ROLL CALL Present: Commissioner Ken Stendell Commissioner John Greenwood Commissioner Sonia Campbell Vice Chair Roger Dash Chair Nancy DeLuna Staff Present: Jill Tremblay, City Attorney Tony Bagato, Principal Planner Kevin Swartz, Assistant Planner Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Chair DeLuna led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Mr. Tony Bagato, Principal Planner, stated that at the meeting of March 28, the City Council accepted Connor Limont's resignation, and appointed John Greenwood to the Planning Commission. The Council also approved the first reading of the new massage ordinance with some minor modifications. Chair DeLuna welcomed Commissioners Greenwood and Stendell to the Planning Commission. MINUTES PALM DESERT PLANNING COMMISSION APRIL 2, 2013 V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR Chair DeLuna stated the minutes of the March 19, 2013, meeting will be reviewed at the next meeting. VII. CONSENT ITEMS HELD OVER None VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a Conditional Use Permit (CUP) to allow the Asylum CrossFit gym located within the Venture Commerce Center at 73-700 Dinah Shore Drive, Suite 301, in the Service Industrial zone. Case No. CUP 13-63 (Greg Wilson, 73-350 El Paseo, Suite 205, Palm Desert, CA 92260, Applicant). Mr. Swartz informed the Planning Commission of two letters in opposition, which he would address later in his presentation. He reported that the subject property is located in the Service Industrial zone. The land use to the south, east, and west is also zoned Service Industrial with the freeway to the north (County of Riverside). Mr. Swartz presented photos to illustrate the location of the subject property and site plans. He said the proposed gym would have three full-time employees including trainers, and up to a maximum of 12 students at one time. The hours of operation are between 6:30 a.m. and 8:30 p.m. Monday through Sunday. He stated the center has 273 parking spaces, which is double the amount required for the Service Industrial zone. Staff conducted a parking survey, and concluded that the project would have a minimal impact to the surrounding businesses. Mr. Swartz noted that Suite 302 is currently vacant and Suite 303 is occupied. He named the workout equipment that would be used in the gym, and that the gym would also have restrooms. He said that a section of the gym will have a rubber mat, which will help minimize the sound from the weights dropping. Mr. Swartz stated that staff received two letters and two phone calls in opposition. The main concern is the possible noise that would come from the weights being dropped. As he mentioned before, the rubber flooring would help absorb the noise. He noted that the buildings are approved for Service Industrial; therefore, staff believes the use of a gym would not impact the surrounding businesses. Staff recommended to add a condition that if the noise and music becomes disruptive to any of the tenants, the applicant must work with staff on 2 GTlanning\Monica OReilly\Planning Commission\2013\Minutes\4-2-13 min docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 2, 2013 sound mitigations to satisfy the Director of Community of Development. In addition, he said the applicant requested to amend Condition No. 9. Currently, Vow condition No. 9 states no more than six CrossFit classes per day. The applicant would like to modify the condition to read "no more than eight classes per day." Mr. Swartz stated that staff is okay with that request as long as the applicant operates within the hours of operation (6:30 a.m. to 8:30 p.m.). Staff recommended approval of CUP 13-63, and he offered to answer any questions. Commissioner Campbell reaffirmed that the gym would only be allowed to have 12 clients per class. Mr. Swartz responded yes. Chair DeLuna understands that there are several vacancies in the center. She asked if in the future when all locations are leased, would parking be an issue. Mr. Swartz said that the Venture Commerce Center was built with four parking spaces per thousand, which is a retail and office requirement. He said the project was required to provide 264 spaces and the center has 273. Chair DeLuna inquired if the applicant had the rubber flooring in the plans when they originally applied for the CUP. Mr. Swartz replied yes. Commissioner Campbell asked why would there be loud music. Mr. Swartz responded that he would have the applicant address the loud music. Commissioner Stendell asked if there is going to be boot camp classes offered at this location. Mr. Swartz responded that he would also defer that question to the applicant. Commissioner Dash asked if the center is owned by one company that leases the space, or is each space owned by the person occupying the office. Mr. Swartz answered that a condo map was developed for the center so each space may be owner occupied. Chair DeLuna reaffirmed that staff has determined the applicant's use is approved in this zone. Mr. Swartz replied yes. 3 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\4-2-13 min.docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 2, 2013 Chair DeLuna declared the public hearing open and invited the Applicant to address the Commission on this matter, followed by any public testimony IN FAVOR or OPPOSITION. MR. GREG WILSON, 72-815 David Road, Palm Desert, California, thanked the Planning Commission for their time. Commissioner Campbell asked Mr. Wilson about the music. Is the music necessary? MR. WILSON responded that music is customary in other gyms, but not part of what they do. He explained that it is counterproductive to have music above audible levels while they are trying to coach the people. He made clear that the music is not one of their contentions. Commissioner Campbell asked about noise coming from the barbells. MR. WILSON explained for safety purposes, they train the people to drop the barbells. However, to counter the noise and impact, they use rubber weights. Chair DeLuna inquired about the bouncing balls. MR. WILSON stated that the bouncing balls are more like medicine balls. They are soft and mostly used as a weight. He said the balls are almost inaudible as well. Chair DeLuna asked how many people would be in each class. MR. WILSON replied that they would like to service up to 12 people in an hour; however, realistically six to eight people is their goal. He shared that the CrossFit gym is a second endeavor, and said he has a management job in a restaurant. He also noted that his partners have daytime jobs. Mr. Wilson stated that this endeavor is something fun for them, and not necessarily a profitable one. Their interest is in getting people healthy. Commissioner Dash commented that he does not know the correct terminology; however, there is an exercise that is a group activity as oppose to individual. In addition to the music, the teacher is going through some kind of chanting exercise. Commissioner Dash asked if the chanting would be a problem in addition with the music. MR. WILSON responded that he is not familiar with that type of exercise. He stated that it is not part of CrossFit as he knows it. With CrossFit, they do not have a sergeant drilling the people. He said there might be words of encouragement to get the people through their workout. 4 G\Planning\Monica OReilly\Planning Commission12013\Minutes\4-2-13 min.docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 2, 2013 Commissioner Greenwood asked if the exercise is contained solely within the space, or do they go outside. MR. WILSON replied they are confined within the walls of the gym. Commissioner Stendell asked Mr. Wilson if they are willing to be conditioned if there is a noise level that becomes an issue. Would they work with staff to come up with the insulation of walls and ceilings so sound transference does not give other people a problem? He noted that the railroad tracks are close by, and would think the noise from the train would be louder than their exercise routine. MR. WILSON answered that they would work with staff. MR. DICK BAXLEY, 73-712 Alessandro Drive, Palm Desert, California, stated he is representing the owner of Suite 301. He said the owner is very pleased with this opportunity. He noted that the property has been available for some time, and is located directly on the railroad tracks. The train passes by on a regular basis, and the noise is deafening. He stated Mr. Wilson has done a great job at mitigating any type of sound impacts. He also stated that the applicant would continue to provide very sensitive occupation and use of the property. MR. RICHARD GRIFFIN, 72-670 Fred Waring Drive, Suite 203, Palm Desert, California, stated he is representing the owner of Suite 302. He communicated that all of the suites on the end were built and marketed as office space, and that is the environment they believe it is most appropriate for. He noted that the suites in the middle are industrial suites. He also noted that the owner of 302 owns five other suites, which they are all on the market. Mr. Griffin stated he does not know how it could be predicted that parking will or will not be a problem in the future. He said when all properties are occupied, parking will be an issue. He noted that the Covenants, Conditions and Restrictions (CC&Rs) for the condominium association has two to three pages dedicated to parking and how parking would be controlled so parking was probably assumed to be an issue. He stated that they have heard this evening how gentle the CrossFit gym operation is going to be; however, they all know that CrossFit training can be a very violent and loud operation which is their concern. Mr. Griffin said it looks like a decision has been made, and wanted to know if they could agree that if noise is an issue that they establish some metrics that say a normal office environment has an "X" number of decibels. If it exceeds an "X" number of decibels, then they must do some type of sound mitigation process. MR. BAXLEY emphasized again that the Venture Commerce Center is a service industrial complex. The majority of the square footage in the complex is industrial. He also emphasized that there is noise, and they are on the railroad tracks. He stated they are trying to mitigate noise; however, they do not want to be locked in to a standard that might not be appropriate. He said they want to be good neighbors and address noise issues, if there is a problem. Mr. Baxley 5 GAPlanning\Monica OReillyTIanning Commission\2013\Minutes14-2-13 min docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 2, 2013 informed the Planning Commission that the other owner bought approximately 15 units all in foreclosure, and he is slowly liquidating the units. He wished them the very best, but he does not want the other owner negatively impact their ability to rent Suite 301. With no further testimony offered, Chair DeLuna declared the public hearing closed. Commissioner Dash asked Mr. Griffin if he approached the condominium association with his concerns. MR. GRIFFIN responded that he forwarded the hearing notice to the property manager, who is located in Los Angeles. He noted that he did not ask the property manager to do anything; he just sent the notice in case there was an interest. Mr. Bagato pointed out that the City has a standard noise ordinance. A Conditional Use Permit does not allow an applicant to operate outside those standards. He said there are noise levels in the code that if it is a problem, the City could enforce the code. In addition, there is a provision for disturbing noise and the City could take action as well. Commissioner Campbell moved, by Minute Motion, to allow the Asylum CrossFit gym located within the Venture Commerce Center with an addition to the conditions, if noise from weights dropping and music becomes disruptive to adjacent businesses, the applicant will work with staff on sound mitigations to the satisfactory of the Director of Community Development. In addition, modify Condition No. 9, to allow no more than eight classes per day. Motion was seconded by Stendell and carried by a 5-0 vote. Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2600. Motion was seconded by Dash and carried by a 5-0 vote. IX. MISCELLANEOUS None X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION Commissioner Dash reported that a new member was appointed to the Parks & Recreation Commission. He said the Bunny Hop was a success with an excess of 600 runners, and that the Aquatic Center had a projected loss. The loss that is 6 GAPlanning\Monica OReilly\Planning Com miss ion\2013\Minutes\4-2-13 min docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 2, 2013 occurring is less than has been projected. He announced Water Safety Day is planned for May 18, 2013. Free swimming lessons would be provided. Lastly, at the last City Council meeting an ordinance was passed to not feed the ducks in the park. XI. COMMENTS Mr. Bagato commented that the Planning Commission would need to appoint a liaison to the Art in Public Places Commission. Second, the Commission also needs to appoint someone to the University Planning Committee. On average, the University Planning Committee meets twice a year on Thursdays in the morning. Commissioner Dash moved, by Minute Motion, to recommend Commissioner Greenwood to the University Planning Committee. Motion was seconded by Stendell and carried by a 5-0 vote. Commissioner Campbell nominated Commissioner Stendell for the Art in Public Places. She noted that they meet once a month at 9:00 a.m. on the third Wednesday. Commissioner Campbell moved, by Minute Motion, to appoint Commissioner Stendell to the Art in Public Places Commission. Motion was seconded by Greenwood and carried by a 5-0 vote. Mr. Bagato stated that there will be a Planning Commission meeting on April 16. He said things are picking up, and staff may have two meetings a month. Chair DeLuna commented that if there are people that want to do business in our City, the Planning Commission should accommodate them any way they can. XII. ADJOURNMENT Upon a motion by Stendell, second by Dash, and a 5-0 vote of the Planning Commission, Chair DeLuna adjourned the meeting at 6:32 p.m. NANCY D "LUNA, CHAIR ATTEST: TONY BAGATO, SECRETARY PALM DESERT PLANNING COMMISSION 7 G.\Plannmg\Monica OReilly\Planning Commissicn12013\Minutes\4-2-13 min.docx