HomeMy WebLinkAboutRes No 2631PLANNING COMMISSION RESOLUTION NO. 2631
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
1st day of July 2014, hold a duly noticed public hearing 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. 2014-41, in the Director of Community Development has determined that in
this case, staff is recommending denial, and that this is not considered a project 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 and
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, churches, residential dwelling above the first
floor, and ancillary commercial uses as long as they do not exceed 25 percent of
PLANNING COMMISSION RESOLUTION NO. 2631
the office complex. The use of a fitness and gym facility does not fall under any
of these uses. A fitness and gym facility could be considered an ancillary use to
the offices, but the proposed fitness and gym would occupy 53 percent of the
office building.
The Planning Commission previously determined that other fitness and gym
facilities similar in size are located within the commercial zones within the City.
The proposed fitness and gym 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. 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 Planning
Commission previously determined the proposed fitness and gym facility is not
compatible in regards to land use with the office professional zone, and would
create a public nuisance in terms of noise to the adjacent residential
neighborhood, with closing of car doors, music, and evening and early morning
traffic, which would be detrimental to the public interest, health, safety, welfare,
and materially injurious to properties in the vicinity as described in more detail in
the staff report.
The testimony of the neighboring businesses, whose owners have made
significant investments by purchasing space in an office building, establishes that
approval of the conditional use would be materially injurious to their businesses
and the improvements they have made.
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 use of a fitness and gym facility is not consistent with the intent of the City's
Zoning Ordinance as described in the staff report. 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. 2631
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 and gym facility would not be an appropriate integration of
neighborhood, since it is located within an office professional zone, which has all
office businesses and one restaurant in the surrounding area. Furthermore, the
Planning Commission determined that the proposed use being adjacent to a
residential neighborhood would create added noise, with car alarms, closing of
car doors, music, traffic, and people's voices during hours that would be
otherwise quiet in a residential neighborhood.
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, as evidenced by the testimony of the neighboring business owners.
This project does 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. 2631
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 1s1 day of July 2014, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, and STENDELL
NOES: CAMPBELL and DASH
ABSENT: NONE
ABSTAIN: NONE
ROGER DASH, CHAIRPERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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