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Home My WebLink AboutCC RES 2014-76RESOLUTION NO. 2014-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO OPERATE A FITNESS AND GYM FACILITY WITHIN AN EXISTING OFFICE PROFESSIONAL BUILDING. CASE NO: CUP 12-385 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of August 2014, hold a duly noticed public hearing, to consider the request by Shah Family Trust of the above noted; and 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, and denied 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 City Council 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 RESOLUTION NO. 2014-76 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 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„ which would make it the primary use of the building. The Planning Commission determined that fitness and gym facilities similar in size are better suited 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 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 G:1Planning'Kevin Swartz\Word1CUP's\CUP 12-385 Five Star Fitness Gym\Final CC Res Denial Shah Gym 8-28-14.doc 2 RESOLUTION NO. 2014-76 support the existing office professional businesses. There are no variances or adjustments requested that could make this use compatible with the Zoning Ordinance. 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 CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of denial by the City Council in this case. 2. That the City Council does hereby deny CUP 12-385. G:\Planning\Kevin Swartz\Wor CUP'S\CUP 12-385 Five Star Fitness Gym\Final CC Res Denial Shah Gym 8-28-14.doc 3 RESOLUTION NO. 2014-76 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 28th day of August 2014, by the following vote, to wit: AYES: BENSON, SPIEGEL, and TANNER NOES: WEBER ABSENT: HARNIK ABSTAIN: NONE VAN G. TANNER, MAYOR ATTEST: 01111100iff {" ..CHELLE D. KLASSEN, ITY CLERK CITY OF PALM DESERT, CALIFORNIA G:\Planning\Kevin Swartz\Word\CUP's\CUP 12-385 Five Star Fitness Gym\Final CC Res Denial Shah Gym 8-28-14.doc 4