HomeMy WebLinkAboutRes No 2597PLANNING COMMISSION RESOLUTION NO. 2597
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, DENYING 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
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
5th day of November 2013, hold a duly noticed public hearing, which was continued from
February 19, 2013, March 19, 2013, April 16, 2013, and October 15, 2013, to consider the
request by Shah Family Trust of the above noted; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the City
must determine whether a proposed activity is a project subject to CEQA. If the project is
subject to CEQA, staff must conduct a preliminary assessment of the project to determine
whether the project is exempt from CEQA review. If a project is not exempt, further
environmental review is necessary. Further review from a non-exempt project would result
in a Negative Declaration, a Mitigated Negative Declaration or an Environmental Impact
Report (EIR). Generally, an EIR must be prepared if a project may have a significant impact
on the environment. The said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2013-16, in the Director of Community Development has determined that the
proposed project is a Class 3: New Construction or Conversion of Small Structures (15303)
Categorical Exemption for purposes of CEQA and no further review is necessary; 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 deny the said request:
Findings for Denial:
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 of the project is located in an O.P., Office Professional
zone. The purpose the Office Professional zone is to classify and set standards
for offices, administrative or professional uses which are of relatively low intensity
and which are compatible with adjacent residential zoning and development
therein.
The Office Professional zone allows general offices, medical offices, and
laboratories (medical and dental) under permitted uses. The use of a fitness &
gym does not fall into those categories. The Office Professional zone also allows
as a Conditional Use Permit professional schools, business schools, art galleries,
art studios, financial institutions, commercial parking, churches, residential
PLANNING COMMISSION RESOLUTION NO. 2597
dwelling above the first floor, and ancillary commercial uses as long as they do
not exceed 25 percent of the office complex. The use of a fitness & gym does not
fall under any of these uses. A fitness & gym could be considered an ancillary
use to the offices, but the proposed fitness & gym would occupy 53 percent of
the office building.
The Planning Commission finds that the proposed business is not compatible
with the adjacent businesses and residential developments. The hours of
operation of 6:00 a.m. to 9:00 p.m., would create a negative impact during the
adjacent businesses hours of operation from 8:00 a.m. to 5:00 p.m. The type of
business conducted is similar to a commercial gym, and is a high -intensity use.
The Planning Commission also finds that the proposed fitness & gym would
create additional traffic along Village Court and parking shortages for the
adjacent businesses. The proposed use is not in accordance with the objectives
of the zoning ordinance and purpose of the Office Professional zone.
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 project as a conditional use is not consistent with the intent of the
City's Zoning Ordinance as described above. The project will physically divide an
established office professional neighborhood, and will create additional traffic
along Village Court. Based on consideration of the whole, the proposed project
does conflict with Chapter 25.25 Office Professional Zone within the Palm Desert
Municipal Code in regards to land use.
The site has been previously designed to meet setbacks, lot coverage, building
height, land use, and parking requirements for office type uses. The use of a
fitness & gym facility will create an adverse materially injurious impact to the
existing professional businesses by having their respective clientele share
common space with gym users in their workout clothing, which diminishes the
professional atmosphere. The Planning Commission finds that the proposed
fitness & gym facility would create a public nuisance in terms of noise, parking
shortages, and added traffic, which would be detrimental to the public interest,
health, safety, welfare, and materially injurious to properties in the vicinity.
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 Planning Commission determined that the use of a fitness & gym is not
consistent with the intent of the City's Zoning Ordinance. The nature of the
proposed use is not compatible with surrounding land uses, and does not support
the existing office professional businesses. There are no variances or
adjustments requested that could make this use compatible with the Zoning
Ordinance.
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PLANNING COMMISSION RESOLUTION NO. 2597
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 "Office Professional (C-
OP)." One of the primary objectives stated in the Land Use Element of the
General Plan is assigned to lands that provide comparative advantages for office
development, with use characteristics that enhance compatibility with residential
and other sensitive land uses. Mixed Use development with hotels and motels,
professional offices and residential may also be permitted through approval of an
integrated master plan. The Office Professional designation sets standards for
businesses, offices, administrative or professional land uses, which are of low
intensity, and are compatible with adjacent residential developments.
The proposed fitness & gym would not be an appropriate integration of
neighborhood, since it is located within an Office Professional zone, which has all
office businesses in the surrounding area. Furthermore, the site is adjacent to a
residential neighborhood and the proposed use and hours of operation would
create added noise, including car alarms, closing of car doors, music, traffic, and
people's voices, which would be disruptive to the residents.
Goal 2 of the Commercial Land Use Goals and Policies states "a pattern of
commercial land uses conveniently and appropriately distributed throughout the
City, meeting the community's needs while minimizing the disruption to or
incompatibilities with other land uses."
As a part of Village Court having an Office Professional designation, the
proposed use would not compliment the other office professional businesses and
the vicinity.
This project would not maintain a land use that is consistent with the goals, policies,
and programs of the General Plan. The project is not consistent with the General
Plan in respect to the proposed business and with the uses in the vicinity.
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
Planning Commission in this case.
2. That the Planning Commission does hereby recommend denial of CUP 12-385.
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PLANNING COMMISSION RESOLUTION NO. 2597
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 3rd day of December 2013, by
the following vote, to wit:
AYES: DASH, DE LUNA, GREENWOOD, and STENDELL
NOES: CAMPBELL
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
a4/2CY DeeI UNA CHAIRPERSON
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