The URL can be used to link to this page

Home My WebLink AboutRes 2014-76/Case No. CUP 12-385 - 5-Star Fitness & GymRECEIVED CITY CLERK'S OFFICE Lynne Irwin PALM DESERT. C A 73-315 Country Club Dr. #182 Palm Desert, CA 92260 2014 AUG 28 AM 8: 20 August 25, 2014 City of Palm Desert Mr. Kevin Swartz Assistant Planner 73-510 Fred Waring Drive Palm Desert, CA. 92260-2578 Fax: 760-776-6417 Re: CUP 12-385 Denial of Appeal Request by Mr. S. Shah 44651 Village Court, Palm Desert, CA. 92260 Mr. Swartz; As a resident of Palm Desert and an employee of several Palm Desert businesses since 1989 1 want to state that I am unequivocally opposed to the City of Palm Desert approval of CUP-12-385, the 5 Star Gym and Fitness Center proposed by Mr. S. Shah, My concerns are two: 1- Land Use: The current owners in this building purchased their parcels in good faith under the Office Professional Zone and expected it to remain such. Several of these owners would not have purchased in this building had there existed a gym or the possibility that a CUP could be granted to allow one. Further, it seems that the City must also have determined that a gym facility would not be appropriate here as the zoning has been recently changed making gyms non -permitted in the Office Professional zone. I would think that should be the end of the discussion of approval of this CUP. Mr. Shah has not broken ground and so is not out of pocket yet for anything but planning. And since he had to be aware that a conditional use permit would need approval before he could begin construction any expenses he has to date are irrelevant and solely his choice. 2- My second, but no less important concern, is with Mr. Shah. He has been less than scrupulous in his dealings with his employees and his patients when he practiced medicine. I am aware from healthgrades.com on 12/21/11 that there is past sanction history. Mr. Shah has had his license to practice medicine revoked in 2 states and he voluntarily surrendered it in 1 state. The nature of the complaints is troubling and recent lawsuits in which he was found guilty demonstrate that Mr. Shah has not corrected the poor behavior which caused the legal actions. Mr. Shah has stated at numerous meetings many things which he will do to ameliorate the concerns of the other building owners, neighbors, and the city planners in order to get his project approved. But my question to the City is this: How can this man be trusted to keep his word THIS time when he has so flagrantly violated policies, city codes, and his own words? I really don't think the City and especially the Village Court businesses and neighbors would benefit from the City's approval of CUP- 12-385. Sincerely, Lynne Irwin L a6ed 9Z8 L9LLO9L epueuoizalueyPS•sJaxed dH k1V69: L L tt L0Z 9Z 6nV SHAH MANAGEMENT 73585 Fred Waring Drive, Suite 202, Palm Desert, CA 92260 (760) 346-4780 Fax (760) 340-4650 August 28, 2014 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Five Star Gym & Fitness 44651 Village Court, Palm Desert, CA 92260 Dear Honorable Mayor and City Council Members: 1. The gym was previously recommended for approval by the planning department. 2. The noise factor has been resolved by adding reinforced soundproof walls. 3. The background music will be subtle only, with the exception of the aerobics room which will have reinforced soundproof walls. 4. The parking issue has been resolved as there are 140 spaces available at any given time. 5. Traffic study done by the planning department shows only 15-27 cars total parked during business hours. 6. Most gyms are open 5:00 a.m. — 11:00 p.m. We have restricted the hours of our gym from 6:00 a.m. — 9:00 p.m. 7. We will have a Juice Bar only, no alcohol will be served, only high carb, low calorie, high protein and wheat grass. 8. We will provide employment for 30 — 50 people, very high end trainers and administrative employees. 9. The street is underutilized during the weekend. There has been several burglaries lately and the street association is very concerned and looking into installing cameras. 8I :I1 WV 8Z jflti MI 10. All businesses including all professionals will get more business because of the high end individuals coming to the club. It will definitely improve all business in the Village Court. I wish to thank you for your reconsideration and approval. Sincerely, Suresh C. Shah Owner Klassen, Rachelle From: Swartz, Kevin Sent: Thursday, August 28, 2014 10:56 AM To: Klassen, Rachelle Subject: FW: [SPAM] - Letter to Honorable Mayor and Council Members Attachments: 082814_Letter to Mayor and City Council.docx FYI From: Eileen Dryden [mailto:shahmanaaement4@ aol.com] Sent: Thursday, August 28, 2014 9:34 AM To: Swartz, Kevin Cc: suresh6151na aoI.com; shahmanaaement3Caaol.com Subject: [SPAM] - Letter to Honorable Mayor and Council Members Good Morning Kevin, Dr. Shah would like the Mayor and each of the Council Members to have a copy of the attached letter for todays council meeting. Please feel free to contact me with any questions. Thank you Eileen Dryden Chief Operations Officer Shah Management 73-585 Fred Waring Dr., Suite 202 Palm Desert, CA 92260 760-346-4780 office 760-340-4650 fax 760-574-4449 cell 1 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: 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 SUBMITTED BY: Kevin Swartz, Assistant Planner APPLICANT: Five Star Fitness and Gym, LLC Shah Family Trust 73-585 Fred Waring Drive, Suite 201 Palm Desert, CA 92260 CASE NO.: CUP 12-385 DATE: August 28, 2014 CONTENTS: 1. Draft Resolution No. 2014-�6 2. Legal Notice 3. Letters in Opposition and in Favor of the Applicant's Request 4. City Council Minutes dated May 22, 2014 5. Planning Commission Minutes dated July 2, 2014 5. Planning Commission Minutes dated February 19, 2013 6. Planning Commission Minutes dated March 19, 2013 7. Planning Commission Minutes dated April 16, 2013 8. Planning Commission Minutes dated October 15, 2013 9. Planning Commission Minutes dated November 5, 2013 10. Plans and Photo Exhibits Recommendation Waive further reading and adopt Resolution No. 2014-�6 , upholding the Planning Commission action of July 1, 2014, denying Conditional Use Permit 12-385 for a 22,617-square-foot fitness and gym facility within an existing 42,208 square-foot office building. Staff Report Case No. CUP 12-385, Fitness and Gym Facility Page 2 of 13 August 28, 2014 Executive Summary Approval of staff's recommendation would deny the applicant's request to operate a 22,617- square-foot fitness and gym facility within an existing 42,208-square-foot office professional building. On December 3, 2013, the Planning Commission denied the CUP to allow the 22,617- square-foot fitness and gym facility. On December 16, 2013, the applicant filed an appeal to the City Council of the Planning Commission's action for denial. On May 22, 2014, the City Council requested that this case go back to the Planning Commission for its review. The decision was made in light of a modification by the applicant to add a rear entrance to the gym. On July 1, 2014, the Planning Commission denied the CUP for the second time. The Commission stated that the underlying issue is not a second entrance, parking, or gym fees, but land use compatibility. The Commission 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. Planninq Commission Action On July 1, 2014, the Planning Commission denied the CUP request for the second time. After staff's presentation, the applicant's presentation, which included a new floor plan showing a rear entrance just for the gym users to lessen the impact on the neighboring businesses, and public testimony in favor and opposition, the Planning Commission discussed the project. Three Commissioners stated that they appreciated the modification to the floor plan, but land use is still the main concern. One Commissioner stated that a gym of this size is not suited in the Office Professional zone, and is better suited in the commercial zones. The Commissioner gave three examples of vacant buildings within the commercial zones that are large enough to accommodate the proposed gym facility. Two other Commissioners had concerns with land use compatibility, parking, and sharing common space with existing businesses. The Commissioners stated that the hours of operation 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, which is disruptive to surrounding professional offices. They also determined that the proposed fitness and gym would create additional traffic along Village Court and parking shortages for the adjacent businesses. Two Commissioners disagreed and stated that the gym could be compatible with conditions of approvaL After much discussion, the Commission approved Resolution No. 2632 denying the CUP on a 3-2 vote with Commissioners Campbell and Dash voting NO. G:\Planning\Kevin Swartz\Word\CUP's\CUP 12-385 Five Star Fitness Gym\CC staff report August 28 2014.doc Staff Report Case No. CUP 12-385, Fitness and Gym Facility Page 3 of 13 August 28, 2014 Backqround A. Property Description: The 3.2 acre site is located at the northwest end of Village Court approximately 1,400 feet north of Highway 111. On December 6, 2005, the Planning Commission approved PP/CUP 05-23 to allow the construction of a single-story 42,208 square- foot office building including up to 9,044 square feet of inedical use. The building varies in height from 14 to 21 feet. The project was required to provide 109 parking spaces for general office use and 55 parking spaces for medical use, totaling 164 parking spaces. The former applicant provided 173 on-site parking spaces. On March 6, 2007, the Planning Commission approved Tentative Parcel Map 35333 to subdivide the 3.2 acre lot into one parcel for condominium purposes. The tentative parcel map gave the original owner the ability to create airspace condominiums. The owner breakdown is as follows: • Shah Family Trust— 26,840 square feet • Financial Group— 1,236 square feet • Dentist— 2,817 square feet • Architect— 1,969 square feet • Office/Online Art sales — 6,200 square feet • Common Area—3,146 square feet On November 29, 2012, the applicant (Shah Trust) applied for CUP 12-385 to operate a 22,617-square-foot fitness and gym facility within an existing 42,208 square-foot office building. When reviewing the application, staff had concerns with land use compatibility, the hours of operation, parking, and fitness classes with music that could cause noise disturbance to the existing office tenants and adjacent residential neighborhood. On February 19, 2013, staff brought a resolution of denial to the Planning Commission. At the public hearing, the Planning Commission granted a continuance to the March 19, 2013 meeting allowing the applicant to respond to staff's concerns. The project was then continued to the meetings of March 19, 2013, April 16, 2013, and October 15, 2013. During these continuances, the applicant met with staff several times. On October 8, 2013, the applicant modified the proposed use to the following. 1. The applicant reduced the hours of operation from 6:00 a.m. to 9:00 p.m. on the weekdays and from 7:00 a.m. to 7:00 p.m. on the weekends. By closing the fitness and gym facility at 9:00 p.m. during the weekdays, staff believed that would alleviate any evening disturbance to the residential neighborhood. In regards to the 6:00 a.m. opening time, staff placed a condition on the project that if staff received three complaints within one year, the Director of Community Development may revise the hours of operation from 7:00 a.m. to 9:00 p.m. G:\Planning\Kevin Swartz\Word\CUP's\CUP 12-385 Five Star Fimess Gym\CC staff report August 28 2014.doc Staff Report Case No. CUP 12-385, Fitness and Gym Facility Page 4 of 13 August 28, 2014 2. The applicant modified the schedule of classes that include loud music (spin, zumba, yoga, etc.). Morning classes from 7:00 a.m. to 8:00 a.m. and evening classes would be from 5:00 p.m. to 8:00 p.m. Staff believed that the proposed class schedule would not adversely impact the existing business owners since the classes occur during non-business hours. The applicant also agreed to sound proof any interior walls if noise becomes an issue for the existing businesses. Staff placed a condition of approval that no classes with music or amplified sound will be permitted between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. 3. The applicant agreed to no more than 3,000 total gym members. 4. The applicant no longer proposed a bar serving alcohol, only a juice bar. 5. The applicant proposed membership dues of $129.00 a month. Similar gyms in size and total membership charge $29.00 a month. Staff believed this would allow the fitness and gym facility to recruit a more affluent, more stable client base, and not be overpopulated. Generally, staff believes a large gym or large fitness studio is not compatible with nearby residential homes and existing office uses. Larger fitness and gym facilities are better suited for a commercial area. However, staff became convinced that the proposed fitness and gym facility as proposed and conditioned would be a low- intensity use and could be compatible with the existing businesses and surrounding residents. The hours of operation were reduced, along with classes that include music that would typically cause a disturbance to the existing office uses and residences in the area. However, after testimony given by the neighboring businesses at the November 5, 2013, public hearing, staff has reversed its previous recommendation. Based on the testimony offered in front of the Planning Commission, staff believes that the surrounding businesses, which bought offices in an office professional building, would be detrimentally impacted by the change in use of the majority of the building as a fitness and gym facility. Regardless of how exclusive the fitness and gym facility is, it does not provide an appropriate environment for a professional office. At the November 5, 2013 Planning Commission meeting, the Commission believed that the proposed fitness and gym facility would create a pubtic nuisance in terms of noise, parking shortages, added traffic, and would create an adverse 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 Commission ultimately continued the CUP directing staff to prepare a resolution for denial. G:\Planning\Kevin Swartz\Word\CUP's\CUP 12-385 Five Star Fitness Gym\CC staff report Augus128 2014.doc Staff Report Case No. CUP 12-385, Fitness and Gym Facility Page 5 of 13 August 28, 2014 At the December 3, 2013 Planning Commission meeting, the Commission approved Resolution No. 2597 denying CUP 12-385. On December 16, 2013, the applicant filed an appeal to the City Council of the Planning Commissions' action for denial. At the May 22, 2014 City Council meeting, staff stated that their recommendation had changed between the December 3, 2013 Planning Commission meeting and the May 22, 2014 City Council meeting. This change in recommendation was based upon testimony in opposition to the project that was given at the November 5, 2013 Planning Commission meeting. Staff stated that they were recommending that the City Council uphold the Planning Commission action denying the CUP. Also at the May 22, 2014 City Council meeting, the applicant presented a change to the floor plan. The applicant modified the plan by adding a rear entrance to the gym through the courtyard. The applicant stated that the main entrance would also be used by the gym members as well. After listening to all testimony in favor and opposition, the Council requested that this case go back to the Planning Commission for its review, based on the modification made by the applicant. On July 1, 2014, the Planning Commission denied the CUP for the second time. The Commission stated that the proposed use is not in accordance with the objectives of the zoning ordinance and purpose of the Office Professional zone. The Commission also stated that the proposed gym is not compatible with the adjacent businesses and residential developments. B. General Plan Designation and Zoning: General Plan Land Use Designation: Office Professional (C-OP) Zoning Designation: Office Professional (O.P.) C. Adjacent Zoning and Land Use: North: Planned Residential (P.R. 5) / Hidden Palms South: P�anned Residential (P.R. 5) / Embassy Suites East: Office Professional (City of Indian Wells) West: Planned Residential (P.R. 5) / Hidden Palm Proiect Description The fitness and gym facility would occupy 27 existing airspace condominiums totaling 22,617 square feet within the existing 42,208-square-foot office building. The applicant is proposing a five star elite gym with no more than 3,000 members. The interior design is a contemporary design by Narendra Patel. The elite club would have membership dues of $129.00 a month. The facility consists of two entrances, a multipurpose room for classes such as yoga, spin, and zumba, aerobic equipment, a weight training area, men's and women's locker rooms, saunas and steam rooms, massage therapy rooms, a childcare G:\Planning\Kevin Swartz\Word�CUP's\CUP 12•385 Five Star Fitness Gym\CC staff report August 28 2014.doc Staff Report Case No. CUP 12-385, Fitness and Gym Facility Page 6 of 13 August 28, 2014 room, an internet cafe, and a juice bar. The fitness and gym facility 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 weekends. The fitness and gym facility would have 10 staff/trainers working at one time. The 42,208-square-foot office professional building currently has five owners. The breakdown is as follows: • Proposed fitness and gym facility— 22,617 square feet • Financial group— 1,236 square feet • Dentist— 2,817 square feet • Architect— 1,969 square feet • Common Area— 3,146 square feet • Office/Online art sales— 6,200 square feet • Future tenant office space—4,220 square feet Analvsis Each zoning designation has permitted uses and conditional uses. Conditional uses are listed in each zone because they are typically considered by the Planning Commission to assure there is adequate parking and land use compatibility with surrounding properties. In this case, the proposed fitness and gym facility is not a permitted or conditional use in the Office Professional Zone. Section 25.16.030 Allowed Land Uses and Permit Requirements of the Palm Desert Municipal Code (P.D.M.C) allow general offices, medical offices, and faboratories (medical and dental). Section 25.16.040 Specific Use Standards E. Commercial (ancillary) states that ancillary commercial uses oriented to providing services to the office uses shall not exceed 25 percent of gross leasable floor area of the office complex. The 22,617 square-foot fitness and gym facility would occupy 53 percent of the 42,208 square- foot office building. At the time the application was submitted, the proposed use was not specifically listed for any zone, but staff accepted and processed the application since the Palm Desert Municipal Code Chapter 25.72 Decisions by Planning Commission Section 25.72.050 Conditional Use Permit, stated "....the Commission, upon its own initiative or upon request, shall determine whether a use not specifically listed as a permitted or conditional use in any district shall be deemed a permitted use or a conditional use in any one or more districts...." Conditional Use Permits allow the Planning Commission to approve uses that could be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties and businesses. (Since the time the application was submitted, the zoning ordinance has been revised to state that gyms, health clubs, and fitness studios are prohibited in Office Professional zones.) A. Parking: With the applicant's request to convert 22,617 square feet of office use into a fitness and gym facitity, the off-street parking standards for health studios and spas require one space per 200 square feet of gross floor area, totaling 113 parking spaces. G:\Planning\Kevin Swartz\Word\CUP's\CUP 12-385 Five Star Fitness Gym\CC staff report August 28 2014.doc Staff Report Case No. CUP 12-385, Fitness and Gym Facility Page 7 of 13 August 28, 2014 Below is the parking breakdown for the entire 42,208-square-foot building. • Applicant's proposed fitness & gym — 22,617 square feet 1 space per 200 square feet totals 113 parking spaces • Financial group— 1,236 square feet 1 space per 250 square feet totals 5 parking spaces • Dentist—2,817 square feet 1 space per 166 square feet totals 17 parking spaces • Architect— 1,969 square feet 1 space per 250 square feet totals 8 parking spaces • Office/Online art sales— 6,200 square feet 1 space per 250 square feet totals 25 parking spaces • Future office tenant space— 4,220 square feet 1 space per 250 square feet totals 17 parking spaces • Common Area— 3,146 square feet Requires no parking spaces The site currently maintains 173 parking spaces. By converting 22,617 square feet of office use into a fitness and gym facility, and factoring in the other businesses, the site would require 185 total parking spaces. This would create a parking shortage of 12 parking spaces. At the November 5, 2013 Planning Commission meeting, staff determined that parking would not be a concern. Staff stated that fitness and gym facilities have different peak hours than office type uses. Typically fitness and gym facilities are busy around lunch time hours from 11:30 a.m. to 2:00 p.m. and evening hours after 5:00 p.m. Staff compared the proposed fitness and gym facility with World Gym located at the time on Town Center Way and Gold's Gym located on Country Club and Washington. Both gym's are similar in square-footage, membership size, and share parking with existing businesses. Staff conducted parking counts at both gym locations during the weekdays from Thursday October 17 2013, through Thursday October 24, 2013, between the hours of 11:30 a.m. and 2:00 p.m. G:\Planning\Kevin Swartz\Word\CUP's\CUP 12-385 Five Star Fitness Gym\CC staff report August 28 2014.doc Staff Report Case No. CUP 12-385, Fitness and Gym Facility Page 8 of 13 August 28, 2014 Amount of Gym Square- Membership Used footage Size Parking S aces World Gym Approximately 3,500 75 18,000 Gold's Gym Approximately 4,000 90 28,000 Proposed Gym 22,617 3,000 N/A Based on the lunch time parking study at the two gym locations, it was concluded that an average of 83 parking spaces were occupied. Staff also conducted two parking studies at the proposed site between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday during the current tenant's business hours. The first parking study occurred from Monday, January 28, 2013, to Friday, February 1, 2013. Date Time Occupied Vacant S aces S aces Mon. Jan 28 8:00 AM 37 136 Mon. Jan 28 4:00 PM 35 138 Tues. Jan 29 1:00 PM 30 143 Tues. Jan 29 5:00 PM 26 147 Wed. Jan 30 10:00 AM 40 133 Wed. Jan 30 4:30 PM 35 138 Thurs. Jan 31 8:15 AM 38 135 Thurs. Jan 31 1:15 PM 40 133 Fri. Feb 1 10:00 AM 37 136 Fri. Feb 1 3:00 PM 32 141 Average 35 138 Available Spaces The parking study indicated that an average of 35 parking spaces was occupied during the hours of 8:00 a.m. to 5:00 p.m. G:\Planning\Kevin Swartz\Word\CUP's\CUP 12•385 Five Star Fitness Gym\CC staff report August 28 2014.doc Staff Report Case No. CUP 12-385, Fitness and Gym Facility Page 9 of 13 August 28, 2014 The second parking study occurred from Monday, October 21, 2013 to Friday, October 25, 2013. Date Time Occupied Vacant S aces S aces Mon. Oct. 21 8:30 AM 21 152 Mon. Oct. 21 3:00 PM 27 146 Tues. Oct. 22 11:00 AM 28 145 Tues. Oct. 22 5:00 PM 15 158 Wed. Oct. 23 10:30 AM 32 141 Wed. Oct. 23 2:30 PM 25 148 Thurs. Oct 24 8:15 AM 22 151 Thurs. Oct. 24 1:30 PM 32 141 Fri. Oct. 25 9:00 AM 28 145 Fri. Oct. 25 2:30 PM 26 147 Average 26 147 Available Spaces The parking study indicated that an average of 26 parking spaces was occupied during the hours of 8:00 a.m. to 5:00 p.m. The two parking studies concluded that an average of 31 parking spaces was occupied. The existing four tenants require 55 parking spaces, which the parking studies concluded are available. The future tenant requires 17 parking spaces. The existing and future tenants require a total of 72 parking spaces. The parking study for World Gym and Gold's Gym concluded that an average of 83 parking spaces are utilized during the busy lunch time hours between 11:30 a.m. and 2:00 p.m. Staff believes that the proposed fitness & gym facility would utilize the same amount (83 parking spaces) during the day based on similar square-footage and memberships. Staff added the 72 parking spaces required for the existing and future tenants with the 83 parking spaces required for the proposed fitness and gym facility, and concluded that 155 parking spaces would be occupied during the morning and afternoon hours, with an excess of 18 parking spaces. The evening hours from 5:00 p.m. to 9:00 p.m. and the weekend hours would not be an issue, since the existing businesses are closed. During the November 5, 2013 and the July 1, 2014 meetings, the Commission had concerns that if the gym were to create a parking problem, there is not an area or a parking management plan to provide for overflow parking. The Commission also stated that during the lunch time hours parking would be an issue for the other businesses since that is when they are busiest. The Commission ultimately G:\Planning\Kevin Swartz\Word\CUP's\CUP 12-365 Five Star Fitness Gym\CC staff report August 28 2014.doc Staff Report Case No. CUP 12-385, Fitness and Gym Facility Page 10 of 13 August 28, 2014 determined that the gym would create a parking problem, which was one of the reasons that the Planning Commission originally denied the CUP. B. Land Use Compatibility: The proposed project is located within an existing 42,208-square-foot office professional/medical bui�ding. The subject site is designated C-OP (Office Professional) on the City General Plan land use map, and O.P. (Office Professional) on the Zoning land use map. The site is also located on Village Court which is approximately 1,400 feet in length from Highway 111. A large portion of Village Court is designated office professional in both the City's General Plan and Zoning land use maps. Every building along Village Court except for Ruth's Chris Steakhouse maintains an office type use (financial, professional office, and medical), which is in keeping with the City's General Plan and zoning classifications. Surrounding land uses include office, hotel, and single-family to the north and west. The Planning Commission determined that the proposed fitness and gym is not well suited for the existing building and the location. The existing 42,208 square-foot building shares common area with the proposed fitness and gym. The fitness and gym would have classes with music, which would cause disturbance to the existing office use tenants. The three other owners within the building have expressed concerns and have submitted letters in opposition. The proposed hours of operation would also cause added noise to the adjacent residential neighborhood, with closing of car doors, music, and evening and early morning traffic. The Planning Commission stated that they understand that the owner is trying to occupy space within a vacant building, which is laudable. However, a fitness and gym facility is not a use that supports the existing office uses and the surrounding area. The Commission stated that other gyms are located within the office professional zone, but are one-on-one personal training facilities. This type of fitness and gym facility of the size proposed here (22,617 square feet) is better suited for a commercial zoned area. One of the Commissioners stated that there are currentty three vacant buildings in the commercial zones, which could accommodate the proposed gym. C. 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. G:\Planning\Kevin Swartz\Wortl\CUP's\CUP 12-385 Five Star Fitness Gym\CC staff report August 28 2014.doc Staff Report Case No. CUP 12-385, Fitness and Gym Facility Page 11 of 13 August 28, 2014 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 the office complex. The use of a fitness and gym facility does not fall under any of fhese 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 compatib/e in regards to land use with the office professional zone, and wou/d 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 fhe 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. G:1Planning\Kevin Swartz\Word\CUP's\CUP 12-385 Five Star Fitness Gym\CC staff report August 28 2014.doc Staff Report Case No. CUP 12-385, Fitness and Gym Facility Page 12 of 13 August 28, 2014 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. 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. G:\Planning\Kevin Swartz\Word\CUP's\CUP 12-385 Five Star Fitness Gym\CC staff report August 28 2014.doc Staff Report Case No. CUP 12-385, Fitness and Gym Facility Page 13 of 13 August 28, 2014 This project does not maintain a /and use that is consistent with the goals, policies, and programs of the General Plan. The project is not consistent with the General P/an in respect to the proposed business and with the uses in the vicinity. Environmental Review According to the California Environmental Quality Act (CEQA), staff 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. In this case, staff is recommending denial, and that this is not considered a project of CEQA and no further review is necessary. Submitted By: CITY COUrtCILv�+G�TI01� ` APPROVED D�p � RE NE OTHER Kevin Swartz, Assistant Planner ' � MEET � AYES Department Head: NOES: ABSENI: ' ABSTAIN: VERIFIED BY: Lauri Aylaian, Director of Community Devel �an Fite with City C k's Offico pro al: J M. Wohlmuth, City Manager G:\Planning\Kevin Swartz\Word\CUP's\CUP 12385 Five Star Fitness Gym\CC staff report August 28 2014.doc RESOLUTION N0. 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 28t" 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 fo 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:\Planning\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 compatib/e 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\Word\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 Auqust 2014, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE KLASSEN, CITY 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 cilY oF � � � � QE � � � � 4: ±� 73-510 FRED WARING DRIVE PALM DESERT,CALIFORNIA 92260-2578 TEL:760 ;q6—o6t� Fnx:760 34i-7o98 in fo@pal m-dcserc.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 12-385 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by Shah Family Trust for consideration of a Conditional Use Permit to ailow a 22,617 square foot five star fitness & Gym facility within a 42,208 existing office professional building. The property is located at 44-651 Village Court. � ' �. � �� a 4 : I , _ . < . • . ;�, .: � �' , ;s ; '� � , :�, ; - � � � . ;:� � * ; � ,�, � i; i � � � ' :.�'. ,.' ,.w .,. �'. ? , ; i .. . , - , , , . , � � ._.. � y; , 1'3.423 O I Now� � � e I � .._."_— .... __I_—__"_"—__—_ _-- _ ....... ...... SAID public hearing will be held on Thursday, August 28, 2014, at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Councii at, or prior to,the public hearing. Publish: Desert Sun RACHELLE KLASSEN, City Clerk August 17,2014 Palm Desert City Council Swartz, Kevin From: Sue Huston [suehustonl C�hotmail.com] Sent: Thursday, August 21, 2014 12:42 PM To: Swartz, Kevin Subject: [SPAM] - Proposed fitness center As a senior resident of Indian Wells Villas (74-830 village Center Drive), I oppose a planned fitness center at the northwest end of Village Court, Palm Desert. The traffic generated on Village Center Drive from people driving to and from work over on Village Court already drive too fast along the street which creates a danger for seniors entering and exiting Indian Wells Villas. Any added traffic of people driving to and from the proposed fitness center would be detrimental to our neighborhood. And the noise of fitness center members parking, turning on and off car alarms, chatting in the parking lot, smoking, etc. would be a nuisance and a headache for Indian Wells Villa seniors many who retire quietly to their bedrooms at an early hour. The minimum age of Indian Wells Villas residents is 62 and several have reached their 90's. A number of residents are handicapped yet manage to use a scooter to cross the street going to Albertsons Market or Ralph's, and a number of residents walk to and from the stores. Those residents who drive a car would be exiting onto a much busier street of traffic if this fitness center is allowed. Statistics prove a very large portion of Indian Wells residents are over the age of 55 and value the quality of a quieter residential neighborhood such as residents of Colony Cove adjacent to IWV where our mayor Ted Mertens and his wife reside. Please do not approve this fitness center at the August Palm Desert City Council meeting. Thank you for listening. Sincerely, Sue Huston Indian Wells Villas resident since 2006 Suehustonl(�hotmail.com Sent from my iPad 1 Swartz, Kevin From: Max Briggs [MBriggsC�flccapital.com] Sent: Monday, July 07,2014 11:30 AM To: Swartz, Kevin Cc: 'ckleineC�kleinefinancial.com; 'Bernard Debonne'; Bernard Debonne (bernard C�3 bernarddebonne.com) Subject: Village Court CUP 12-385 - - 5 Star Gym and Fitness Proposal Dear Mr. Swartz, 1 am the general partner of Bull Shark Properties, LLC which owns the building at 44-750 Village Court, Palm Desert located 4 buildings south of the proposed gym. It would be detrimental to my business and our clients if the above was approved due to the overwhelming traffic & parking issues during business hours on a street intended to support a low density planned office park. Please be advised that 1 am adamantly opposed to the establishment of a gym & fitness center in Village Court. 1 support the City of Palm Desert Planning Commission of denying the proposed CUP 12-385. Please add my comments to the file for consideration. Thank you. Sincerely Yours, Max Briggs, CFP° President/CEO FLC Capital Advisors A Registered Investment Advisory Firm 44-750 Village Court Palm Desert, CA 92260 Phone 760-779-8110 Fax 760-779-8112 Trading instructions sent via e-mail may not be honored. Please contact my office at 760-779-8110 or Securities America Inc. at 1-800-747-6111 for all buy/sell orders. Please be advised that communications regarding trades in your account are for informational purposes only. You should continue to rely on i Swartz, Kevin From: Bernard Debonne [bjd C�bernarddebonne.comJ Sent: Thursday,July 03, 2014 2:36 PM To: Swartz, Kevin Cc: Cindy Kleine; Heinrich-Steinberg Katrina B.; Warshawsky; Pindiak Dennis &Janet; Rubakovic Zoran; Briggs Max; Barnhart Douglas; Austin Dawn; Lewis Brian M.; Harmon Devan Subject: Village Court. -- Mr. Shah's application of a gym and fitness center. Mr. Swartz, greetings. I am the owner of four parcels (three buildings) in Village Court, representing 2.786 acres out of a total of 10.996, that is, 25.34% the acreage of Village Court. Please be advised that I am adamantly opposed to the establishment of a gym & fitness center in Village Court. Thank you for your consideration. Sincerely Yours, Bernard Debonne. � COMPENSATION CONSULTANTS, INC. PENSION CONSULTANTS AND ACTUARIES July 10, 2014 Mr. Kevin Swartz Assistant Planner City Of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA. 92260-2578 RE: Denial of CUP#12-385 for Five Star Gvm and Fitness Facilitv Dear Mr. Swartz: I am the property owner of Suite 200, located at 44-700 Village Court, Palm Desert, CA. 92260. Our building is a couple doors south of the proposed Gym and Fitness facility. We purchased this property on this street because of the zoning and the use of Office Professional/Medical/Dental businesses. We do not approve the granting of a CUP for a use that does not match its surroundings or intended zoning. This facility would be better suited in a strip mall or other commercial facility that can accomidate its traffic and parking requirements. The daily traffic will be greatly increased down the dead end street. The neighborhood traffic and egress of this area was not designed for this type of use, as evident by the street width and lack of adequate parking for the proposed of use of the property. This will most certainly bring harm to the values of the surrounding properties, if this area is not kept as Office Professional/Medical/Dental. The project sounds great and I am sure the Dr. Shah will do a fine job, but it iust does not belonq in this neiqhborhood. I will not be able to attend the City Council meeting on August 28, 2014 but I hope that the City Council will uphold the Planning Commissions Denial of the issuance of the CUP #12-385 for all of the above reasons and as they noted in their Planning Commission Meeting Minutes from November 5, 2013 and again on July 1, 2014. Please call me with any questions and I took forward to your prompt attention to this matter. Sincerely yours, Dennis Pindiak 44-700 Village Court, Suite 200, Palm Desert, California 92260 (760) 340-4485 • (877) 340-4485 • Fax (760) 340-4786 f � S'C�ntZJ�s Jeffrey R. Scharrtz �� D.D.S.,M.OENT,5C. �Koranda L.Morgan Moranda ortho �onctc ca .. A �rn�a� CorporatioR D.D.S.,M.OENT,SC. June4, 2014 oFFicEs ■ P.ALM DESERT City of Palm Desert 73-510 Fred Waring Dr. aa-s��wre�e co�<<o�e Palm Desert, CA. 92260 su�e�so Fax: 760-776-6417 Pal�n Desert,CA 92260 Atm: Kevin Swartz PHONE 760•568-5987 Dear MI'. SW"$I'fZ; FAX 160-776-1826 ■ PALM SPRINGS T'his letter is written in response to disciusions at the City Council m eting of May 22, 2014 regard ing tlie appeal of Mr. S. Shah to reverse the denial of his reque t for CUP I Z-3 85 at ZZZ5 Pehqultr Canyon Way 44651 V illage Court. Palm Spnngs,cn szzs2 PHONE 760�323-2696 The City Council did not vote on the Plaruiing Coinmission deniat of e CUP,rather they sent it back to the Pianning Comrnission. One coui�cit inember felt t t all owners' issues FAX 760•3z7-szaT had been resolved and apparently wanted the P1aiulin,�Commission t work with the owners ■ yucc.n vnuFv for final resolution, Regardless af the still unsettted owner issues wit the project the problem frorn our standpoint is still one of best laitd use an�l existing zoning. We do not s�oasrucca rreii support any change in the current zoning. As we stated in �ur letter o January 8,2014 we sut�e�� would not have purchased these parcels had there been any chance th t the zoning would Yucca vaney,ca s228� change to a status other than that under which we purchased our parc ls. PHONE 780•385-7812 At the meeting,Mr. Shah presented his video of one of his proposals n response to past Fax 7so•364-4121 discussions with other owners, but it was apparently not the final one. The owners also www.aesermraces.com discussed the possibility of N1r. Shah relocating the entrance of the spa to tl�e south- �vest side of the building thereby helping to alleviate traffic at the oth r entrances to the M E M B E n s building and diverting parking to the currently w�used area of the par ing lots.The A��ICAN resentation Mr. Shah ave showed the �p assoc�Ana�aF p g gym entra.nce on the north i�side,of the oeTMooannsrs building. However,when Mr. Shah addressed the Council he stated t at after business liours � of the other owner�he would close off the back parking lot and his ci' nts could enter through the main,south entrance to the building. He had originaliy a reed not to have any entrance to the gym on the south side. Additionally,we feel he has n right to close off any part of the building or parking areas. We would also bring to yoar attention that contrary to the impression iven b�,Th��Dasert- � '"� �r�' "'F ��, '��'�i`F tl�f''N Maik� . I�u.�$�' 1�� 5 lt+1-�i: Sun article of May 23 at teast 2 of the speakers in favor of Mr. Shah's ro e r� ¢m [[�riri��p�+,��,a��'"M � � � � , � P '� �tt�!t��t�tv��l"'� �`. .� ;�+ <�14��s tti c 4ri;%i .'#e�,I,�., of Mr. Shah s or Shah Management and not even reside.nts of Palm D sert ��, u,i„a:��;� ��'k�� '� �+" a,.«,:�L '`°��"'', ,��..� �t *WY i J`( �'r i r��ti rr :,.��!is °y+�1'�, t Ftil �.,� %:. " i+t ;�'�ra4r�+� �r•� �w '� As noted in our January 8,20141etter to the City,we still have conce s regar�t�� ' ;� � '� .,��" , :� disciplinary actions against Mr. Shah related to the nature of his othe��bus��es�,�a�'f�eic�� `; `�� f ,k 1 , ; � o f rnassage par lors use d for crimina l activity. We feel that approvii��• � �'�i,�",��.��'�o t,�� ;;�; �„ :�, � ' ,s`� ," further possibi lity af similar activity as a massage azea is planned for is gym/��4� �'� �,,;;�kyt , : ';; ' i,��' �« � {;� `� � � �,F, ,.�i,,� rs r � i a �i��F ' � .. �a.Stlt,��::r-,� ' SN's;��;�, 'r:., . '�1. '��':w `�'�. ^ � �1 �`. � i i '� .x� �� :.i1� (.. � � �', . !.+. :��.�.c � /'n � ,,. � .,. t �i+��;t' �+ iri � � � M � '�"V :. �RI�1C �,'�t �..* .,J ��Y.� �, � � Zw � �.HIu1 Y.. �1 i '+' � 7� ' '�.4 � , n,,,x . '+. � a6ed 9Z8L9LL09L epue�o�„��gz�uey�S�s�4xe� dH Wb'�ti�60 t�IOZ ti0 ��f /� 1 ` 1�Ve aze somewhat offended that the City would continue to belabor th granting of tlie CUP to Mr. Shah. This Practice has served the Coachella Va11ey and its re idents for over 40 years. We have respect for the individual cities and follow all regulat ons. We still feel that no matter what conditions of approval the City attaches,Mr. Shah ma not comply. After approval of the CUP, the City would be hard put to enforce their cond tions and yet another costly law suit may follow. If that should happen,the businesses of current owners who purchased their spaces in good faith and relying on the appropriate co ing by the City coUld suffer greatly while the City took whatever action possible. We see o ly negative irnpact to these owners and this area by approving this CUP. Shauld you have any questions please fe�l frea to contact as at the Pa Desert office number to the rigtct. ee , �� frey R. Schant�D. . ,MS • President JRS;Ii Z a6� 9Z8L9LL09L epue.�o�„�gz}uey�S•s�dxe� dH 1�M5��60 �LOZ b0 ��(' a f�� 02/15/2013 FRI 15: 05 FAX 760 s 9997 Albert Hanagement inc. �001/001 COLC)NY COVE AT INDIAN WELLS HOMEOWNER5 ASSOCIATION C/O Atbert Managenient U��. P.U.8ox 12920,Palm Desert,CA 92255 7GU,3�E;.90pp-Phonp 764.34G.9�U7-Fax E-maiI;wend Cya]bcr t.cum ! a�uora�Aalbertrn t�,com 1k'ebsite: svtiyw,coionycm�infn.c�m Tpd Merte,ns Harry Koustik JillTrinen Rirk Walther Honnie Neel President Vice-Preaident Treasurer Secretary Uirectar _ .. _ February I 3,2013 City of Palm Taecert Ylanning Commission 73-510 Fr�d Waring Ur. Palnt Descrt,GA 9�2GU-2578 Daar Commissioners: The Calony Cove Homeowners Association wishes to encoue•aSi you to dEny the CUP 12-385 pending before you. "I'he building in quesdan is currently 2�ncd fur professionAl/niedical uses and was designed accordingly. 'T'n permit a chan�c in uso to a ��croatiot�al fitness/gym faci[ity will havc an aciverse impact on neighboring businesses and residenees. There will be a slgi�ific�nt increase to traffio and noisc. 7'he number of vehicles acccssing the }�roperty fram Village Center Urive will have an advcrse impact on residents of Calc�ny Cove to the quic�t enjoymeot of their resid�r�tia)neighborhoad. Tn wasideratior� af the a<ljacc�nt businasses and residentti, 1 urge you to D�CNY CUP 12-385 �s being inaonsistent and incompatible with existing uses in tt��irnmediate adjacent area. Sincer�;ty, �'..�� '`�� C�.I,�.�1�y �'�.�.�g7 c�r�r-� �-�.,�sc}c.��.:��ra tfY',�t.�� .�,� � Ted Mertens,President Colvny Cove Homeowners' As�ciation CRy ot Palm Ds�ert Communtry Devebpment FEB 15 2013 � � City of Palm Desert Community Development June 10, 2014 JUN 12 20i4 City of Palm Desert Attn: Planning Department Mr. Kevin Swartz, Assistant City Planner 73510 Fred Waring Drive Palm Desert, CA 92260 Dear Mr. Swartz: It has been brought to our attention that a potential development of a Five Star Fitness and Gym business on Village Court in Palm Desert is slated for approval in t6e next few weeks. Mrs. Gerber and I will not be able to attend the hearing for this subject on July 1, 2014, and therefore we wish to voice our opinion in this writing. We are very much opposed to a business of this nature opening at this location. We strongly feel the increased traffic flow will not only be a nuisance to our community but to that of our neighbors, Indian Wells Villas. It is clear there will be potential security, noise, and parking issues,as our gates open onto Village Center Drive. Case in point, the increased traffic flow and parking problems at the Gold's Gym location, 77900 Country Club Drive, as well as the Westfield Mall location, has made it almost virtually impossible to gain convenient access to other merchants in the area. Given the avera�e age of residents in the Colonv Cove and Indian Wells Villas, we do not see a need for a fitness business in our communitv. Please recognize the valley is currently saturated with gyms and fitness centers. We feel confident every option and impact to residents will be considered at this hearing. Sincerely, � � �� George R. and Gleda P. Gerber 44325 Mesquite Drive Indian Wells, CA 92210 ADVANCED IREMENT STRATEGIES INC. THOMAS G. KLEINE REGISTERED INVESTMEN'C ADVISOR �►C/PI��Mrt June 5, 2014 Kevin Swarrz,Asst. City Planner �UN �81014 City of Palm Desert , � 73-510 Fred Waring, CA 92260 ��K RE: CUP 12-385 �� Dear Mr. Swartz: Let us not lose sight of the fundamental issue regarding the acceptance or denial of the CUP 12- 385 pernut. The real issue has been and remains to be the best land use and ezisting zoning. We would not have purchased our property had we ever thought changes to the original zoning of the"prestigious professional neighborhood"would ever be reconsidered for change. I contend this is not our responsibility, fault nor should we be penalized for a business decision or investment gone wrong, on the behalf of Mr. Shah. In essence the development of a Gym will have a direct impact on our investment,business model and property value. We will have to pay the price in both hazd and soft costs for Mr. Shah's venture, if the CUP is approved. The proximate cause is Mr. Shah did not act or perform his due diligence prior to his purchase of the property. He should have conducted an investigation of the current zoning laws for his planned business ventiue. I see it quite cleaz and submit it is neither our responsibility nor the City of Palm Desert's to circum. While Mr. Shah and the City Planning Commission have completed parking studies,addressed traffic flow,noise pollution, altered the design of the Gym numerous times in an attempt to appease us etc., Let's get down to the real issue. The gym will have a profound and negative impact on the integrity of the"professional business core neighborhood"at the center of Palm Desert. The analogy would be along the same lines as allowing a"Big Box Store"on El Paseo. While arguments are made that there is sufficient pazking, limited memberships,hours of operation will not be a problem, child care center, sound proofing,Zumba class"vibrations", all of which we will have absolutelv no recourse or the monetary resources to combat the situation once the CUP is ant�roved. Whatever alleged concessions are proposed to us bv Mr Shah the fact remains.the building is nrivate property and the CitY will not or cannot enforce whatever it is, Mr. Shah is proposing to mitigate our deepest concerns. Once the economy returns, our professional neighborhood will have tenants return to the "Professional business core"neighborhood of Palm Desert. Once all of the"currently"vacant buildings are fully occupied again,the traffic,pazking and congestion will be greater. In the future these issues will become a detenent for potential businesses to consider during their negotiations of leasing the property. Let us not be short sided here in the attempt to satisfy or acquiesce to one person's dream at the sacrifice of many other businesses and the integrity of the overall neighborhood. 44-651 Village Court • Suite 100 • Palm Desert, CA 92260 • tkleine@kleinefinancial.com • 760.346.9700 www.kleinefinancial.com ( • 4, Should you have any questions please feel free to contact us. Sin �/�-Y� Thomas G. Kleine Cindy D. K eine �L��c .C.-� , �� i Shah Management 73585 Fred Waring Dr., Suite 202 � Palm Desert, CA 92260 (760) 346-4780 Fax (760) 340-4650 Kevin Schwartz Planning Dept City of Palm Desert Re: Planning Commission Meeting 7/1/14 Dear Kevin, As you know, City Council meeting last month has referred the approval of Five Star Fitness in Village Court back to the Planning Commission.As you know, I have to go to the planning commission hearing on July 1, 2014. As I talked to you earlier, we have had the Planning Department recommending approval ofthe project in the past and their main objection was due to parking and noise problems which both are resolved. I would like you to do the same presentation recommending approval of the Five Star Fitness in Palm Desert. As I have given you at least 100+signatures of neighboring business who want to see the project in Village Court which would add to all the letters of recommendation of approval in your staff report. As we have resolved all the issues of Planning Commission's concerns, please recommend this for approval of the project. I wish to thank you for your cooperation in this matter, Sincerely, � Suresh Shah Shah Management (760)464-1531 (Cell) ( COMPENSATION CONSULTANTS, INC. PENSION CONSULTANTS AND ACiUAR1ES June 24, 2014 �4►aPehn Deeert Mr. Kevin Swartz ��N 2 5 2014 Assistant Planner City Of Palm Desert 73-510 Fred Waring Drive �0/1""'"hY�evebpment Palm Desert, CA. 92260-2578 RE: Denial of CUP#12-385 for Five Star Gvm and Fitness Facilitv Dear Mr. Swartz: I am the property owner of Suite 200, located at 44-700 Village Court, Palm Desert, CA. 92260. Our building is a couple doors south of the proposed Gym and Fitness facitity. We purchased this property on this street because of the zoning and the use of Office Professional/Medical/Dental businesses. We do not approve the granting of a CUP for a use that does not match its surroundings or intended zoning. This facility would be better suited in a strip mall or other commercial facility that can accomidate its traffic and parking requirements. The daily traffic will be greatly increased down the dead end street. The neighborhood traffic and egress of this area was not designed for this type of use, as evident by the stceet width and lack of adequate parking for the proposed of use of the.property. This will most certainly bring harm to the values of the surrounding properties, if this area is not kept as Office Professional/Medical/Dental. The project sounds great and I am sure the Dr. Shah will do a fine job, but it iust does not belong in this neiQhborhood. I will not be able to attend the hearing on July 1, 2014 but I hope that the City will uphold the Planning Commissions Denial of the issuance of the CUP #12-385 for all of the above reasons and as they noted in their Planning Commission Meeting Minutes from November 5, 2013. Please call me with any questions and I look forward to your prompt attention to this matter. Sirscerely yours, , �:----.�..�-�— � Dennis Pindiak 44-700 Village Court, Suite 200, Palm Desert, California 92260 (760) 340-4485 • (877) 340-4485 � Fax (760) 340-4786 �;-'. < � i .a Maureen Martin 713 Sandpiper Palm Desert, CA 92260 June 19, 2014 Mr. Kevin Swartz Att: Planning 73510 Fred Waring Drive Palm Desert, CA 92260 Re: Conditional Use Permit for Village Court Dear Mr. Swartz: I am a resident of Palm Desert. It has come to my attention that there has been a conditional use permit request submitted to the City of Palm Desert. 'The request is for a gym to be built and be operational at the end of Village Court. I frequent this area for its intended purpose: Professional and Medical services. Please accept this letter as I am opposed to the city's consideration of the CUP. Traffic entering and exiting Village Court and Village Center Drive will have an impact on this area of Palm Desert, and paxking for the current Professional businesses' clients and employees will be negatively affected. The neighborhood and the streets are not designed to handle the amount of traffic a gym demands. Sincerely, ,� �i�,I,C,��l� �jj, , � l� Roger Martin 135 Vista Valle Palm Desert, CA 92260 June 19, 2014 Mr. Kevin Swartz Att: Planning 73510 Fred Waring Drive Palm Desert, CA 92260 Re: Conditional Use Permit for Village Court Dear Mr. Swartz: We are residents of Palm Desert. It has come to our attention there has been a conditional use permit request submitted to the City of Palm Desert. The request is for a gym to be built and be operational at the end of Village Court. We frequent this azea for dinning at Ruth Chris's steakhouse. Please accept this letter as we are opposed to the city's consideration of the CUP as traffic entering into and exiting Village Court and Village Center Drive will have an impact on this azea of Palm Desert. The neighborhood and the streets are not designed to handle the amount of traffic a gym demands. Sincerely, � � -- _--_.___ -----------_ _..._ -- ______._ _---- ,-- : --_-- .__ .__--- __ _ _. _ _ ___. ; � fi. � q ----- - - ` City of Palm Desert � � Communiry Development �uN 2 3 zo�4 June 19,2014 ; Mr. Kevin Swartz Att: Planning 73510 Fred Waring Drive Palm Desert, CA 92260 Re: Conditional Use Pernut for Village Court Dear Mr. Swartz: We aze residents of Palm Desert. It has come to our attention there has been a conditional use permit request submitted to the City of Palm Desert. The request is for a gym to be built and be operational at the end of Village Court. We frequent this area for dinning at Ruth Chris's steakhouse. Please accept this letter as we are opposed to the city's consideration of the CUP as traffic entering into and e�ting Village Court and Village Center Drive will have an impact on this area of Palm Desert. The neighborhood and the streets aze not designed to handle the amount of traffic a gym demands. Sincere Mr. and Mrs John C. artin e Dr, Palm Desert, CA 92111 t r` Swartz, Kevin From: Nicki Garretson [nickigarretson«gmail.com) Sent: Monday,June 16, 2014 9:14 AM To: Swartz, Kevin Subject: Meeting of July 1st Objection of proposed gym for village center drive: This is a small neighborhood with limited access. Senior citizens living in subsidized housing have enough difficulty navigating the roads to the grocery stores and bus routes with the current level of traffic--too fast and with California "stops". Concern also for noise spilling over to adjacent neighborhoods - Indian Wells Villas, etc. Thank you for considering our needs and concerns. Sent from my iPad Nicki Garretson 74802 Village Center Dr #1 Indian Wells, CA. 92210 1 i�; (�"_� 4.': Swartz, Kevin From: Jack Rowe [jackC�activcareliving.com] Sent: Monday, June 09, 2014 4:15 PM To: Swartz, Kevin Subject: CUP12-385 Five Star Gym and Fitness Center on Village Center My address is 44252 Mesquite Dr., Indian Wells, CA 92210 and I wish to vehemently protest the subject project. I am here for the peace and quiet of this residential neighborhood. The constant traffic and noise from such an undertaking would be terrible! Thanks, ]ack Rowe 1 ��1, �-t��e�'.cr�l Ciry of Palm beaert Y `*F �` Community Development AUSTI N ART ' ' • NOV 0 4 2013 To u�hom it May �oneern, My name is navid Austin, and I am the prineiple of Austin Art K�rojeets, a private fine art advisory and artist's ageney. Our offiees are loeated in the offiee condominium bui(ding at 44-65f Village �ourt. ( am u�riting this letter in referenee to the proposed gym and spa loeated in the same offiee eondominium complex. I do not objeet to this use for the building, as long as the parking for my elients and other tenants in the building is not affeeted. The city parking study lists that there would ordinarily be twenty five spaees alloeated for Austin Art projeets 6,200 square feet. Though I am not giving up rights to the other spaees, I would like to state that I u�ould like the six parking spaees direetfy in front of my spaee to be dedieated to Austin Art projeets. Sineerely, navid Austin Austin Art projeets RiNc. 760.895.8658 rvae. info�austinartprojects.com PosT. PO Box 1916 Palm Desert CA 92261 �f��..�1 13 02;11 p Guy Dreler Des(gns k 760�3 '° 7 p.1 � guy drei�r desi�r�s d4651 Yiilage Court, Suite T35 Palm Desert, California. 92260 760.568.3b70 November 1, 2013 To whom it may concern, i am the owner of Guy Dreier Dasigns and an office co�dominium owner in the property at 44r651 �llage Court, Palm Desert. 1 understand that Dr. Suresh Shah is applying to the City fo�cr Conditiona) Use Permi�to operate a high-end gym and spa in the building. I have no objecfion to the ca�cept of a gym at the propertp, as (ong as the perking for our clients a�d the other businesses in fihe building is not adversely affected. Additionally, it is my understanding that Dr, Shah intends to compensate me and the other owners in the building for the commonly owned areoa (ie: hallways, bafihrooms, outdoor areas, etc) that he intends to convert to hia own use for the spa in proportion wifih our ownership interests at fair market va�ue. With these considerations, I am not opposed te the project. Vary truly you�s, w•� Guy Drei r . � � t (�' Five Star Fitness, LLC. 73585 Fred Waring Drive, Suite 202 Palm Desert, CA 92260 March 4, 2013 City of Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, CA 92260 To Whom it May Concern: As Employees, Owners and Tenants of businesses of Village Court, we are in support of the newly proposed fitness club located at 44651 Village Court in Palm Desert. � f � Name Signature Business C�l`-1 ��.FMMi)N�J ��_�� r 3/lo�!S Name � Signatur —� Business � � n�- � f� 3 Name Signature Business �� 1 Name Signa ure Business �� . � �l c��1�3 Name Signature siness . � ame ign� ure Business , �� ame Signature fi siness . ' , . Continued As Employees, Owners and Tenants of businesses of Village Court, we are in support of the newly proposed fitness club located at 44651 Village Court in Palm Desert. --� / � / ` l '':,�,cl�.. � /ti `-� , ��l� ��,�-� �n� Name Si a e Business �'M b��`I 1�'1°�r2�t�S ��l�i� �Z�.�l/(.t l.� Name Signature Business Name Sign u Business Name Signature B iness r � (M-(�`-- ��''� m �1 U �✓ Name Signature Business �- U,� V,� ( _ Name Signature Business ��31� `�i�l�,l�.` , Name Signat Business �� .J - _ Name Signature Business Name Si at re Business Name Signature Business . , ; , , �., Five 5tar Fitness, LLC. 73585 Fred Waring Drive, Suite 202 Palm Desert, CA 92260 March 4, 2013 City of Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, CA 92260 To Whom it May Concern: As Employees, Owners and Tenants of businesses of Village Court, we are in support of the newly proposed fitness club located at 44651 Village Court in Palm Desert. W (,(1' Name Signature Business � �Xt�'.�r n'v� �'�''�7'`�'�. Name Signat re Business � � � �� Name ignature Business ''� � J �� Name gnature Business , .!��.��L� ��.5,��, � ,�-1� ��;�:r Name Signature Business / ✓' `�1 �(,� � ��, ,��1�\+ 1 Name ature Business Name Signature �3usiness ., , /`, ��. l Five Star Fitness, LLC. 73585 Fred Waring Drive, Suite 202 Palm Desert, CA 92260 March 4, 2013 City of Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, CA 92260 To Whom it May Concern: As Employees, Owners and Tenants of businesses of Village Court, we are in support of the newly proposed fitness club located at 44651 Village Court in Palm Desert. ��L�i��- ��L .�� .�S�f�i j��i�—�-s✓`r Name ignature usiness --L�G• . ' � -iw�c Nam Signature Business �-` ---'�J � �' �.`.�...�:� !�.��-�" ��,.4i.�,, �.._,_`<<<� �� C._. Name Signature Business Name Signature Business Name Signature F3usiness Name Signature Business Name Signature Qusiness . ; ( �� Five �tar Fitness, LLC. 73585 Fred Waring Drive, Suite 202 Palm Desert, CA 92260 March 4, 2013 City of Palm Desert Planning Commission 73-510 Fred Waring Drive Palrn Desert, CA 92260 To Whom it May Concern: As Employees, Owners and Tenants of businesses of Village Court, we are in support of the newly proposed fitness club located at 4651 illage Court in Palm Desert. � \\� � D �C� Name ignature Business � � , � �� Name Signature Business Name gnature Business �Yl 2%1M'!� l.�.l� � �� Name Signat Bu ines Name Signature Business Name Signature Business Name Signature I3usiness . . �. Five Star Fitness, LLC. 73585 Fred Waring Drive, Suite 202 Palm Desert, CA 92260 March 4, 2013 City of Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, CA 92260 To Whom it May Concern: As Employees, Owners and Tenants of businesses of Village Court, we are in support of the newly proposed fitness club located at 44651 Village Court in Pal esert. _� (��'G L� �� Name Signatur sines ' . �'-ta'./ L��r�19 S , ' �s Name Signature siness . I 1�� if�/- / � �-/�i F � c�f f E..J me Si ature Business � , —`'`_ � „ ,� , , , f �/� .�,J <- /. /✓�d 's.i-z � i-'�!' //lr' � � /��J�.r /��'�''n`'U Name Signature Business l��/�-��'1 �L �- � l��L � lirl� Qit,�r� �� Name Signature Business Name Signature Business Name Signature 13usiness I • • �' . k Continued As Employees, Owners and Tenants of businesses of Village Court, we are in support of the new(y pt'oposed fitness club locate�d �446 Villa e Court in�talm Desert. ; ! I` " � r . I � �' `'� � � � 1 ' � �r � `.I, � , i � l. �y�s��J,�� Narne �LJ ign re.�, ine L � �. � � ��— c�� /< ►\+f t S �� Name gnature Business C�C,/`� if � ^ � . ` -L- � 7i.� � � � :«�� ame Signature Business � � -� � � t ��is e Signature Business ��`„'�_ � � ySC�'�s N e Signature Business y , � � �/� -� ., s C��'�S Name at e— Busines "� t�(1 '�" Vvl� /-� �ys �'��r Name Signature Business � �f��hc,� �,�.v E ;. , �Z � .S -r'�..� ,Qc��lt��S Name Signature Business � _ '� � ��e� s aine Sig jatu�e, B�.t ess / / , � � �. ,' � ,� Name ature Business . , �,: Five Star Fitness, LLC. 73585 Fred Waring Drive, Suite 202 Palm Desert, CA 92260 March 4, 2413 City of Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, CA 92260 To Whom it May Concern: As Employees, Owners and Tenants of businesses of Village Court, we are in support of the newly proposed fitness club located at 44651 Village Court in Palm Desert. _ __..__ ---- r�- � G ,� � � �., w+�C�P�'3— Name Signature Business Z� IY1. � e. C��S` �n�--CPt'� Name Si ature Business / \ , i� �,./" ( ` ` �.(1� � �C Y�4 �'. �- 1�t n � ��h �-�,f� J k.��--i-�,��.,,�,� Name Signature Business C�� c �t t �` ��i�u h j�, l{�"� L��/1 Name Signature Business ,�'lj s� I�(iu.11�.�. , .e�.� Lu.�� /1c.bQ.�c J. l�� c,o� Name Signature Business Name Signature Business Name Signature Business 1 � r � ' �' ��K �„ �� . � Five �tar Fitness, LLC. 73585 Fred Waring Drive, Suite 202 Palm Desert, CA 92260 March 4, 2013 City of Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, CA 92260 To Whom it May Concern: As Employees, Owners and Tenants of businesses of Village Court, we are in support of the newly proposed fitness club located at 44651 Village Court in Palm Desert. 1 ��S • � i� 5 � - � �;�-�'S �(�� I��t�� I'`'..�' � Name �� S Business � ,�� , �' .� ; ��:: � '� � �� ,�'d��a,� �✓�'2 Name i ature Business �- 1 � ' l C>�.-- - " � �� h :h �� Na e Si ' ature � Business �' � a Sign Business � � ` ' �' � ' Z . �-�� 1 � Name Sa`' '� --.� Business �, ) i , � .f; � �I��T)�-i��' _.��7.�--.. ��,��"- �� .�� T -� Name � Signature .� � ~ I�usiness �� - �� , ' i � S �'c�K ��.�5�� Name Signature Business /f ' , l� 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETINQ MAY 2Z, 2014 Mayor Tanner called for the v�ote and the motbn caMed by a 5-0 vote (AYE3: Benson, Hamik� Spie�el, Weber� and Tanner; NOES: Nonej. XVII. PUBLIC HEARINGB A. CQNSIDERATION OF AN APPEAL FOR CITY COUNCIL REVIEW OF A PLANNIN(1 COMMI3310N ACTION, DENYINQ A CONDITIONAL USE PERMIT(CUP)TO OPERATE A FITNE33 AND QYM FACILITY WITHIN AN EXISTIN� OFFICE PROFESSIONAL BUILDIN(3 LOCATED AT 44651 VILLAQE COURT, Gase No. CUP 12-385 (Flve Ster Fltness and Gym, LLC/Shah Family Trust, AppllcendAppelierrt). Councilmember Hamtk noted she would recuse herself irom thls item and left the Council Chamber. Assistant Planner Kevin Swartz steted the 3.2 acre sne is located at the northweet end of Vlllaqe Court approxlmately 1,300 feet north of Highwey 111. He said Vflle�e Court!s Offficce Professional�except Ruth Steak House. The 42�208 square-toot medica!buildlnq was approved in 2005. The request to operate a �tness and �ym facilRy wlthin the exlstin� offlce professlonal building wae betore the Planninfl Commission at six differeM publ�hearfng meetlnqs. On February 19� 20t3, staff ori�lnally brouflht a resolutlon of denial to the Plennin� Commission since the proposed fitness and �ym fadlity Is not a permitted or conditbnal use in the Office Professbnai Zone. Staf�also had ooncems with:the proposed fitness and �ym facility sharinp a bulldln�with other offtce use tenaM�;the proposed houra ot opera�on of 5:00 a.m. fio 10:00 p.m.; bein�adjacent to a residenUal neighbofiood; and insuiflcient parldnq. At the publ�hearing,the Plannin9 Commissbn 9ranted a corrtinuance albwing the Applicant Ume to respond to stafPs cancems. The Condi�onal Use Permit(CUP)was then contl�ued several more tlmea. Durinq these contlnuances� the AppllcaM met wfth staft� and the Applicant ulNmetely provided new infcrmation in October 2013. The Applicant decWed to reduce the hours ot operatbn, modiiy the class scheduled� eliminete music, and put a itmit on total membership. At the November 5, 2013, Plannin� Commissbn meedng� steff reoommended approval ot the �ym based on the reduced hours of operation,modNying the schedule for classes witfi Ioud musfc (spi� and zumba), no more than 3�000 total members, eliminatbn of the bar seMnfl aloohol� monthly membership dues of $129, and stafPs determi�atbn that parking would not be an Issue after conducdng parking studies on the site, Wor1d's Gym, and Qold's Gym. However, the Planninfl Commission had ooncems based on pubNc testlmony in opposition with land-use compatlbillty�p�ng�and having gym users sharin�the tacility with the same entrance with existlnfl businesses. The Commissfon stated that a fiMess and gym facllriy is not a use that suppoKs the existlng office uses in the surrounding area. The type of businesa oonducted is similar to a commerclal qym with a hi�h intensity use�which wouid be disruptive to the 21 � 4.' x� AIINUTE3 REGULAR PALM DESERT CITY COUNCIL A�EETINO MAY Z2,2014 .�. surtoundU'�q professbnal offk�a. The Plannin9 Commission also determined that the proposed fltness and flym yMould create additlonal trafflc abn� •.•• Villaqe Coun tor adjaceM businessee. The Commisslon contlnued the CtJP; direcdn�staff to prepere a resoiutlon of denial�wh�h wes approved at the December 3�2013� meetlng. Recentfyy, the App�icant hae modified the s�te Plan by addir� another entrance just for the �yym on the sa�th end of the bulldln� throuph the courtyard. He dtsplay�ed a layout of the site plan, pointln�out the�ym area�whtch is 23�000 square feet�a flnancial ofNce that oax�plea 18�000 �quare feet, the main entrance, den�st otflce occupyin� 28�000 square feet,an on-qne offioe for art salea utllizin�8�200 square feet� and 4,200 sqt,�re feet for a future flnancla!buslness. The new proposal with the new entrance would help allevlate one of the concems by the two professbnal businesses if the Appikant were to make it the only entrance to the�ym. How+ever,this w�ould cause added noise to the ad�cent resideMta! neighbofiood to tfie north and west with the closing of car doors�music.end evenin�and early tra�fic. Uldmately�the proposed entrance did not solve the Planning Commission's reason for denyin�the CUP, wh�h are outlined i� the Resolutl�on. Staff reoommended tfie Counctl uphold the Pianning Commission's actbn der�yin9 CUP 12-38fi, Mayor Tanner declared the pubpc hearin9 �p and (nvfted publ� tesdmor�y � FAVOFiIN� or OPPOSINa thls matter. MR. NARENDRA PATEL, Rancho Miraye, CA, �tted he was the ar�chftect ""` for the tenant improvements ot the tacilky. He said prbr tio the last Plennin� Commission meetln�where cot�cems and issues were raised�ths Appl�ant had w�orked very harc!with Pianning staff for 11�yeara. He said the Appitcant addressed the parldn�. noise control9, entrancea. hours of operatbn, etc., but the maln ones ralsed are the one9 he would addresa this evening. The first ooncem was the use of the main er�try with people golnp in and out, disturbin� adjacent owners, so the pleris w�ere changed to add another entrance specMicelly fo�the gym. Seoondly. there waa concem regarding noise.so theY proposed Providlnq sound insulatb�abn�the wall where no nosie would be heard, which can technolo�icaily be proven. The third co�cem was parldn�and clisturbance to the neighbors,hoNreve�, re9ardless of whether the facility was a gym or offlce space� he dldn't belleve all the pa�lcinq spaces w�ould be used. He sald an Intense study was done on the traiflc and parlccing count. because the Plannin�Commissbn ralsed that as a concem, but he fett 1t was totaliy resolved, Theretore� he didn't think parkln�was a real issue fo�not approvin�the CUP. Also, the project was labeled hl9h I�tensity use ot facllity�however,tfiis perticular pym is deslpned to be hbhly sophis�Ccated with low membership courrt,unlike other qyms. He displayed interbr vtews of the fltr�ese gym showin�the tevel and quality of .,. the space. He said this Qym w�ouldn't have high volume of peopie gotng in and out, and it wouldn't be more impact than any other ordinary offlce use. . _ The spinning classes with mus�playing witl be located at the comer ot the 22 �{u :;� �AINUTEB REGULAR PALIA DESERT CITY COUNCIL AAEET1Nti MAY Z2, 2014 building away from everythin�else� and ia also self enclosed. He said the musfc would�t be heerd outside the enclosed area within the faciRy; therefore, he feK the notse was g�non-issue. Ftnally, the bar wilt seR Juk�es, � not alcohol�beverages. He said they have been w�orfdn�on thb projectbr 13�yearg, and the reason the applicettbn was accepted la because(t was a doabie or permitted use. The only concems were the noiee� parictn�, a�d entry use,which he feit w�ere addressed wfth this new plan. He noted there are other people in support of this pro�ect. Councilman Spiegel said he spoke to Mr. Shah who had indiceted he wa9 es�ma�n�3�000 members. MR. PATEL a�reed, however, not ail 3�000 members go to a gym at the same time or same day. The following individual spoke in OPPOSITION to the fitness and gym facillty. MA. TOM KLEINE, Presldent of Advarxe Retirement Strateflles, stated in 2011 they purchased two unflnlshed otflce suites arxi spent sbc moM�s remodeNn9 and bulidin� the offlcea to their spec's. The building r�ae presented as a medical and professbn�l officce space Just like alt t�e surroundir�g buildin�ss. If they had known e gym w�ould be going in or in ihe future one could be built,they w�ouldn't have bouflht at that locatbn. He said it wes nothin� personal aflatnst any�one� it was just that thetr business is based on a profeselonal imape, and in hia opinion, a gym we� not a flood tmaQe for that space. The following individuals spoke in FAVOR to the fitness and flym facility. MS.ALICIA GERARDO� E!Paseo� Palm Desert, e�ressed support for riis type of facility�sta�nfl she was a member at Qold's aym,but fluiity of payi�g and not �olnq. She sald Gold's Gym waa chaotic and not a comfortable environmern. She sald she was a banker and local pnofessbnel representf�g others looking for a place to woricout (n this type of gym, and she wasn't interested In showing up at the mall in a suft to get ready to workout. MR. RICHARD HOUGHTON� Famlly Law Attomey at Village Coun, Palrn Desert� stated he had an interest in this project� because he Uked the idea of havinq a�ym riflht across the street from his offlce. He aiso believes irs presence would help devebp the space and benefl!ad)acent bustnessas, because currer�fy tfiere are empty offlces. He alon�with another at�omey has hed their offlcs for four years� and most oi the space Is oc:cupied tyy financlal lns�tudona and attomeys�which are the type of people that w�a�id appreciate a hbh-end w�orkout place. He said this gym wasn't out of character for the community. 23 ,� _...._. MINUTES REt1ULAR PALM DESERT CITY COUNCIL MEETIN�3 11IAY 2Z, 2014 � MR. RICHARD UASEM, Rod Laver Lane� Palm Desert, stated he has reviewed and spoken wNh the Applk�nt at flreat lengtha about the proje�t, «•• and he believea the proJect would be an asser t�� PaIrR-D�sert and th�- surnoundin9 professbnal buiidin9s. He said membership fees more than $100 w�ould Itmit the fadlit�s usaqe,and aa a�ym member himseif who w�ent to the flym at 6:30 a.m., there wes very Umited use. He seld the AppUcant was very optimisdc about �etdn� 2�000 or 3,000 membe� but (t could P�b�Y�PPen. He said tl�e Proposed Prolect was sound and a good flt for the sumoundin�professbn�l buildinga. MR. JOHN DE LEO, RoUi�g Knolls Drtve, Palm Desert, stated that on the days he wears a tle� it w�ould be nice to get a w�ortcout, shower, and retum to work,wh�h was somethinfl he oouldn't do at Wor1d or t3old's aym. He satd as part of the su�prime fraud and flnanclal mess, this property hae been sittlng vacan�y for many year�. Whetfie►or not the Appikant is successful� based on oonversatbn he's had with other professlonals. they are lookln9 forvverd to an upscale fltness club atmosphere, because not every�one Iived in e CouMy CI�or had access to an up�raded facility. In Iight of the fact of what he's heard t�oday, the Appl�ant has tried to meet compliar�ce with sound abatement, and he encouraqed tfie Councfl to reoonskier and pass the appik:a�on. �.. MS. SHERRY PRYOR (Sp?)� stated she was cumen�y a member at two dffferent pyms, one bein� in La Quinta ar�d one in Palm Desert. When it "" came�o udlizin�the�ym at 8:30 or 7:00 a.m.prbr to going tio w�orlc,there are never more than 40 people In a gym. Secondly�she wae looldn�br a place where she oould workout and be with ofhe� professionals� and she also believed this yym would be an a;sset tio the oommunily. MS. EILEEN DRYDEN, steted she too was a professtonal bebrpin�to tw�o gyms�using them very little because iCs not the ernironment she wee lookin� for. She is willinq to pay more b�the cus�ome�servlce o�e w�ouid recc�ive in a profeasbnal enviro�mer�t and has the type ot amenitles proposed in thls yym. She said a precedence had fio be established for this type of faclUiy in thla type of neiflhbofiood for all professlonals to use. MS.STACY(last name was inaudible)(Sp?)�stated she needed a gym that was more exclusive and more sophisticated. She didn't enJoy w�orldn9 out in yyms where there is raucous and noise. She said the gym w�ould be 'beneflcial and advantaqeous for surroundfng buslnesses. MR. BRENDAN HARDY, ProJect Manager at Shah Management Construction, stated he holds an MBA from Santa Clara UniversKy, and he .,... is bufldin�his second b-star fitness in Dese�t Hot Sprinfls,which is expected to be complete in a month. The one being proposed w�ould be the third one, ._ but it's going to be more elite. However� he didn't waM to have to dfire to 24 �4_ �s AAINUTES REGULAR PAUA OE8ERT CITY COUNCIL NIEET1NGi MAY 2Z,2014 Desert Hot Sprin�s to take a shower,9et e steamed bath� and w�orkout in a nice�ym. The flrst one bullt ts in Yuoca Valley end iCs very suocessful. He satd people didn't-can9reflate outslde these gyms�, they ar� not�g�trafAc problem� because people do their w�orkout and leave. Therefore, raisinq sound as a ne9ativve effect was really not an issue�and he dldn't believe thia �ym w�ould tmpact sumoundtnp buslnesses ne�ativvely. in fact.with the elite indlviduals polnp to this excluslve flym, it mey increase buslness for sumoundin�businessea. Respondin�to questbns,he said hia seoond�ym Is bein�built in �esert Hot Sprin�s across from the Missbn Lakes Country Club. The flrst one wes bufit flve or sbc years ago in Yuoca Valley In the Town Center Mail� and iY9 quite suocessful. Hla projecUons in Desert Hot Springs wlll be e chaltenye, because iCs a sm�ll communiiy, but when the economy improves the numbers will pick up. He said there are a tew small communme9 in the aree, Includin� the Mtssion Lakea Country Club and a couple more that are just stardng ro open up.whic�wiil make the DH3 gym successful. He beileved thta gym w�ouid also bring economic s�mulatbn to Paim Deaert, because the servkea and business w�ould brin� about an econom�impact causin� a ripple effect where one dollar tumed Into ten. Councllmen Spiegel asked about the membership fee at Desert Hot Sprinfl. MR. HARDY responded it was$40+a month. The one he's bu(Iding now is 20�000 squere feet, but the proposed�ym is nk;er. M9. USA WE88� 8eavertaii 3treet, Paim Desert, stated she has been a member of almost every gym in the desert, and now she is back at Worid's Qym at the mall. It would be n�e b �o to one thet Is not overiy packed� beceuse the membership fee is so low. Therebre� she was in fav�or ot the proposed �ym with the hi�her membership fees, because it meant fewer members. MR. SURESH SHAH� Appiicant, explalned he brought this proJect to Pelm Desert, because all the gyms in the valley are re9ular o�es unlike the Vir�tafle CouMy Club or Bb Hom Country Cluba�statln�people couldn't even get throu�h those doors. The proposed itfiess and �ym facllfty will have a monthly membership ot s129� and when it actually opena up� the fee will be $149 a month. The facilfty wili inciude all �ew techno flym equipment from Italy� and clie�ts will be pr�ovided with towels� water, toothpaste� toothbnishes, etc.� with attendants in the locker rooms. He said locker room9 will be farrtas�c, because ft wi�� inc�ude steem rooma and saunes, showe�s that have water hitting parta of the body to �Ileviate muscle paln� and massage and faclal services. He sald the fitr�esa gym will be so beau�ful,it will�ost him�1 milibn or more just for tenant(mprovement9,and equipment will cost him about s750,000. He said thts club wfll be very upscale providing personal attention to his clleMs where front desk personnel will know everyone by name just Iike at a 5-star hotel. He said in order to 25 (�: b� A�INUTES REGULAR PAL1Y1 DESERT CfTY COUNCIL 111lETiNO MAY 2Z, 2014 .. ghre his ch�b a personal touch,it would be best�only have 3,000 members. He said there are 170 parldn� spece�, end he and M�. SWBrtZ OOrlduCted � trafnc studies in the�momin�s and�evenin�; �resutdn� IR only t 5 � 3� vehicles parldnq durtn� that Ume, with the highest number avera9lnq 29. Therefore, the partdn� spaces are not bein� utlU=ed to their full potentlal, sta�n�this buildin�has been s�tin�there br about nlne years.Although,iYs desi�nated as a medical buildinq�nobody Is flllln�the vacendes. Flnally� he pur�chesed the buqdin�fr+om the benk as a breciosure,and he b tryin�fio put a very nbe�tr�ess center for all the people that w�ork et the benks,flc�ar�cial instlhrdons, Mor�an Stanley� and Charies Schweb �o use. In fact, they sbned his petfdon of 500 people tfiat are in fav�or of the fftrtess flym at this locatbn. He sald Vilfa�e Court Street was dead�because all the lawyers that used to be there moved out flnding cheaper placea in Rancho Miraye and other pieu�s. He said Mersha Lee, a flnencfal company thet oocupies 4�000 square feet wes told from day one there would be a flfiess cl�, and they are in fawr because ot tl�e potentia!clte�ts they may gai�. The same was true for David Austln's a�t gallery. He said this fltr�ess club is meant for � serioua health oonscbus individuals who want to be heatthy. Clien�s wiii have the best trainers available that typically cost s100 an hour. He said he owned the other building acrosa the street where Ur�ent Care is occupylny the Executivve Suite, and they are providinq an execudve proflram for very � rich people that pay $10.000 per year for seein0 the doceor anytime they w(shed. He seid those peopie wNl aleo be comirq to thts flaness club. He a�reed the land use wes differeM,which is why he appNed for a Conditbnal `r` Use Pertn�. He seid he had received a report from the Plennin�Departmern thattheywould reoommend approvs!after havin�worked wNh Plannln�staff for 1�i years. He said he reduced the houra of operatlon, reduced the number of inembers, added a ma�r entry in the back. Additl�onally, in the eveninfls after 5:00 p.m.�they will cbse the parki�q in tl�e rear and aliow for partdn� oniy in the front to reduce noise to nebhbofioods. He said they have trled to make everyone happy� and they have a000mmodefied ali the sug�estlon made by Mr. Swartz. which is why he had recommended approval fio the Plan�in� Commissbn. The vote w� 3-2, because the Planntn� Commissbn was worried about the partdn� and noise� but subsequeMty.he felt everythinfl had been resolved,ar�d it was no bnger an issue. He offered to answer any questbns. Counciimen Spie�ei commeMed he met with Mr. Shah prfor to thia mee�n9 so he had no questbns. Mayor Pro Tem Weber inquired about the purchase ot the bulldtnq and whether or not he owned it. ... MR.SHAH explained there were three tenaMs and he boupht the rest of the building. There was a flnancial planner taking up 1�200 square teet, __ Architect Ouy Dryer occupyinfl 2�800 square feet� and a denrist oocupyin9 28 c�` �` � MINUTES REGULAR PALIU DESERT CITY COUNCIL IIAEETING MAY 22, Z014 2,800 square feet He bouflht the rest of the buildin�from EI Paseo Bank on a yreat deal� and then he sold 113 ot the buildinq�o David Austin. Then he soid the beck ot the building to Mersha tee and Company who wim ber star�n9 their tenant Improvement soo�. He said the buildin9 is mixed use, but every�one is ezcited about the fifiess club. Mayor Pro Tem Weber steted she understood there wes no rent, but there is a mortqa9e paymeM, and besed on the revenue coming in every morrth� it didn't appear there was enou�h money tio pay for steff end supplies on a $129 monthly membership fee. She questloned if products would be sold. MR. SHAH replled that H 3,000 people pay 5149 membership, plus a$2b0 ini�aUon tee� he e�ected to �enerate �450�000 every month. He said all expenaes were basically$250�000�therefore�he expected tio make$20��000 every month.He said ft wouldn't happen on the fl�st day,but over Ume that's what he was anticipa�nfl. He said the Yucca Valtey yym Is s�ll open wid� 500 members,and the Desert Hot Springs Club isn't open yet,but it already has 500 members sbned up. He said when people see a Class A bullding and Class A amenitlea� they weM to be psrt of R, sta�nq that today peoPle are heatth conscbus and Iike orqanic tood, and they need a 9reat place to exercise. Further respondinq� he said the facility will provide water� coffee, towels�etc.,but they will only be selpnq protein juices�low cabrie juices�and he is expb�ln9 the Idea of an oyster bar. Mayor Pro Tem Weber noted the Applicent wes addressinfl the noise issue by closin�the rear parking at 5:30 p.m.,when sumoundin� businesses are closed, and usin�the front entrance. However, du�inq the day they wouid be goin� (n throuqh the back er�trance to avold being a nuisance to those businesses that had a concem with gym users going in and ou� MR. SHAH ctarifled that du�in9 the day, they can enter the fi�ness club through the rear and the front entrance. Mayor Pro Tem Weber stated she apprecfated the comments from the public about the need for a hi9her end fifiess club, hcpin� other flyms realized users have e concem.Additlonally,she heard the ApplicaM say he had plans for a1 millbn in te�ant improvements, and purchasin�high-end equipment, etc. She asked how the Applicant was able to spread the news about this f'�tness club. MR. SHAH said many of the tenants at the Wall Street West Building and Village Court Building expressed lheir disappointrneM with the fitness gym they were attending� and he shared with them this proJect. Mayor Tanner said the Councii received a letter from auy Dreler Designs who is in support of the pro)ect. The letter also states� "Dr. Shah lntends to 27 ..._�... ._ _ _ _-----�- ��' 1AINUTE8 REQULAR PALM DESERT CITY COUNCIL MEETINO MAY 22,Z014 .� oompensate Mr. Dreler and othera!n tlre bWklln�br tlre oommon/y owned area�'He asked Mr. Shah If the same was oifered to other owners in the --� oondominiums in the buitdlrq: � � MR. SHAH answered yes, statln9 all the owners pay for three, flve, sbc, or seven pen;eM of the common area Because he Is taldng half of the common area on the west slde�whtch has bathrooms tor ladies and men.he will reimburse aN the ownera who peld for oommon areas. He said the numbers were cakkxilated and pt+ovided to each of the ownera. Additbnelly� he wia not be ueing the welk way and bathrooms on the ri�ht side or east side of the bulldin9. Mayor Pro Tem Weber stated the Council didn't Uke to overwrlte Plannin� Commissions ruling�because they w�ork very hard on each case. She asked the Applk.�tnt M he had gone back to the Plannin9 Commission with the proposed solutbns. . MR.SHAH explained that according�o the Munidpai Code he(a not ailowed to retum fio the Pfannin� Commission, because a denlal was issued. He would have to wait another year to retum�o the Plannirp Commissbn. He said they have bee� ne9o�atln9 and fl�e tunin� the proJect for about 1�'s �, years. He sald the Commission's major ooncema were parWnp and notse� which he believed is resoh�ed. He said Mr. Swerdc can testlfy to that iact, � since he essisted in the oount study tot tw�o w�eeks,and there were no more than 29 veh�les on any �iven perlod. He funher steted the parfdn� bt Is emply� and he belleved this Nfiess club will attract more buslness for surnoundin9 bustnessea,remindinfl the Council the bulldiny has been empty for nine years. M3. DIANE BLASDEL, Appl�ant's Attomey� steted she has been represeMing Mr.3hah for a�pproximately six yeara,and today they w+ere here on an appeal for a Conditbnal Use PertnR that was denied by the Plannin9 Commisslon. Strl�tly for purposes of the admi�istrative reoord� whk:h Mr. Ervvi�w�ould appreclate, she inoorporated by reterence ail the prior minutes and commenb provided to the City� as well as the oonflicting and dtsparate revisbns and d�ferent versions In Resoludon No.257. She was concemed with the tumabout between staits recommendation on November 3 and the hearfn�wh�h took place on that day. She safd it was their posidon that the Piannin�Commissbn took Infio constderatbn certain infoRnatbn and facts that were iRelevant, arbitrery, and capricious, and so the flndinps of the Plannin9 Commission were not supported by the evide�ce. She said the Council Is aware that Mr. Shah has had past issues� and it is their informatbn as reflected by the minutes of the Planning Commissbn� that .-•• pefiaps one or iw�o of the Commisslone�s broupht to Ibht some of those issues by statlng, "He's even had prob/ems ai other of h/s faclHtle� he had ..... crimJnal ac�fvity at another one of hIs tac!!ldes, d/dn'�he." She said tl�ose 28 'f� MINUTE8 REGULAR PALM DESERT CITY COUNCIL MEETiNG MAY 2Z,Z014 comments w�eren't relevant to thta pardcular matier. Flrst and foremost this was s dKfereM le�l entity� a flve-star�tness dub. She sald she's had the pleasure ot bein�at the fltr�ess center In Yuoca Valley, and she was one of iw�o or three people In this room that has been there. On a personal note�as a professbnal who has been oui in the desert for more than 20 years� and worked at Best Best 8 Kriefler and Selzer,Ealy, Hemphill�81a�sdel�she too would Iike a pym to w�orlwut; she Is cumently e spa express member at the Rancho Las Palmas. She said the Yucca Valley�ym, which i�In the Town Center Mall and d(rectly next door to Hope Academy, has never had ar�y issues with accese, pailcing� nolae canyin� over from the flym In�o the school, no issues with any child or member, no issues with bein�open too late or the like. In additl�on,there are professionais that have premises there Iike Dr. Salhotra� who also has privile�es at the Hbh Desert Memorial Hospttat and hia personaVpriva�e medical prectics is also in thet facility� alon9 with the Artned ForCes RecruitmeM Center� all of whlch are professional and have operaUn9 hours from 9:40 a.m. to 5:00 p.m. She beileved some of the Council's concems can be somewhat addressed if it viewed the property in Yucca Valley twvMever� this project was�oiny to be hbher end. She called attentbn to the fect that ae of November 3, the Planning Commissbn we9 in fav�or of havin� this fitnesa club and CUP 9ranted, but then there were comments made, and for some reason� staif was ordered to retum with a resolu�on denyin� the CUP. She urDed the Councll to review the administrative r�e�crd� minutee� and itema taken into conslderatbn that w�ent into such a 1 SO de�ree on the denial of the CUP. She thanked the Coundl for their tlme and oo�sideratlon. With no furtfier testlmony affered.MayorTanner declared the publ�hearing�. Councilman Spie9el asked Ms. Aylalan if she stlll a�reed with staiPs rec:ommendatbn to deny the CUP after hearinp the changes that have occurred since the Plannin�Commissbn issued their deniel. Ms.Aylaian answered yea, sta�n�the chan�es such as the entrence to tfie loca�on addressed some of tfie problems Iden�fled with the compa�biUiy with the surroundin� usea, but stait didn't believe it answered all of them. in perUcular, statf la concemed with the fact thet investments w�ere made by people who had a leyidmate assumptbn,due dilt�ence,detennined that the buildinfl they were buyin� would be for Offlce Profeasbnal Use. A � gymnaslum or fitness faciUty is not albwed by riqht nor aa a conditlonai use in a zone or building Iike that At the Plannln�Commisslon meedng there were more owners who spoke aflalnst the proposed facifity based on the presumptbn that they were inves�n9 in thelr buslness futurea in a buildinfl that w�ould remain an offlce professlonal setd�. Staft believes that even if they are abls to mitiqate noise and proximity to other uaes� there (s s�ll a disadvaMage to exiating businessea� which would be imposed upon them when the maJority of the building is converted Into a use that was not 29 �.. � . .. _-- ---.. ... .. --- �------------ ----- -- -... ._ .._ . . . _. t4 MINUTES pEGULAR PALM DESEFIT CtTY COUNCIL MEET1Na MAY 2Z,2014 � irttended or envisioned etther in the Municipal Code or by the peopte whc bouqht t�to�. In oondusion,statf belleves the chanpes proposed receMly� �. since the Planninp Commisslon meeUn�� dkt mittqate some ooncema, but didn't solve aY of them, and the project(s stlll not oompa�ble with an offlce professbnai settln9. Councilman Spie�el questbned why those owners that were opposed to the project didn't show up thia evenin�. Mayor Tanner stated he had �e same oo�cem, notlnfl there was only one owner who spoke thi�evenin�in oppositlon. He knew owners showed up in bulk at the Plannin�Commission meetlng� but thts was an appeel process and he w�ondered why those owne�s were not In ettendance thia evening. NAe.Aylalan replied she dtdn't know,but staif did advise people generalty that once thelr positbns are made,it was a matter of pubi�reoorda,which is put brwanl to the CRy Council and available for its conskleratbn during deliberatbns. Mr. Swertz noted an employee ot Dr. Schantz stated the docfior could not attend the meetin�� but there were letters submitted in oppositlon from � Dr. Schantz and Dr.Morande. Respondin�t�questlon about the number of busi�essea in the buiidinq� he said there are flve consisting of the ar�chttect. � flnanclal planner, existln�flnancial plenner� a dernist, and art�allery. Mayor Pro Tem Weber stated it sounded Iike the Appllcant had done what was asked of him. She apologized tor not rememberiny that the Applkant couldn't flo back to the Planninq Commissbn once a denial Is Issued. However,she w�ondered what the outoome would have been if the Ptanninfl Commissbn had reviewed the modificcatbns made fio address the iasue, such as add(n9 another entrance and chan�ing hours of operatbn�because membership of thls facllity is dKferent from the type of inember$hip one essociates with flyms. She wished the AppHCant could have w�orked a Iittle bft more with e�dsdn9 businessea,because she Hked people to resolve their dtHerences before it reeched a point of annoyance� because it didn't sound like it was going to be a� issue with other businesses. She keepa hearinfl peopte say they will be �oin� to the �ym in their professbnal clothing. worldn9 out, and floinfl back to work. It didn't sound Ilke people w�ould be goinq in thelr sweat parrts and sbppy joe's or makinq noise, so she did�'t think the tacility would be e problem. Mayor Tanner asked if the Council moved to accept the appeal� where did it leave the current and revised desbn�asktng if the AppOcant would go back •�• to the Plannin�Commission. �� 30 S- �' MINUTES REGULAR PALM DEBERT CiTY COUNCIL MEETINO MAY 22, 2014 Mr. EnMn answered no�statlnfl if the Coundl wl�hed to appr�ove the eppeal� then Councll needed to Inatnx:t stait�o prepare the appropriate re9olutb�to do so, buC K w�ould not qo back�t�tfre�P�annir� Cammisston, unless the� . _ Council directed it to�o back br tuhher hearing. Mayor Tanne�stated there are stlli open ttems that haven't been addreased slnce November 3,and N's ur�fortunate thls hes taken 13�years,faultl�9 both sides. How�ever,he w�ould hate to make a decisbn that had a ne�aUve affect . if this oould be worked ouG Me said the Councll heard one speaker in opposidon and severa�!in fav�or of thts upscale fad�liy�sc he ia having a hard time refusin9 the appeal. Mr. Erwin explained the Council had the eltema�ve af sending it back for the Plann(nfl Commission review of the cwrrent applicadon as�'s been changed. Mayor Pro Tem Weber commented she would be agreeable fio that op�on� because she would�'t be comfortable aa:ep�n� an appeal witFwut the Planninfl Commission reviewin� the new desbn with the added entrance, wh�h sounded 11ke it wouid solve the problem. Mayor Pro Tem Weber moved to� by Minute Mo�on� referred the case back to the Planninq Commfsaion for revlew and report beck to Ctty Council.Morion was seconded bY Spie�el. Mayor Tanner made the oomment that thts shouldn't take six mor�tha, and next tlme around the eppeal wlll either be approved or denied. Counciimember Benson stated she didn't mind this case goin� back to the Planning Commissbn� but she took umbrage with Ma. BlasdeCs comment that staH was ordered to change thelr opinbn� because the Council didn't onier anyone to change opinbna. She sald staft anatyzes and comes up with whet they think is the best solutbn to somethin�� therefore, it was an emoneous commeM. Councilman Spiegel ooncuRed. Mayor Tanner called for the vote, and the motbn carrled by e 4-0 vote (AYES: Benson� Spiegel, Weber, and Tanner. NOE3: None� ABSENT: Hamik). Mayor Tanner stronflly encouraqed that the package is put together where concems are addressed and the AppUcants proposals are outfined for Council to either heve the appeal approved or denied. g, aFnt�EST FOR ADOPTION OF A NEW PLANNINta APPUCATION FEE IN THE AMOUNT OF $34S FOR PROCESSIN(3 ADMINISTRATIVE USE PERMITS, AS DESCRIBED IN PALM DESERT MUNICIPAL CODE SECTION 25.64.040. 31 MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 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. VI1. 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 2 C:1Users\kswartzWppData\Local\Microsoft\Windows\TemporarylnternetFiles\Content.OUtIOOk�PJSHH60L\7-1-14 CT�IC�.dOCX MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 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. 3 C^,Users\kswartz�AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.OUtIOOk�PJSHH6HL\7'1-1 4 I�Y�IC�.dOCX MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 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 4 C:lUsers\kswartz�P,ppData\Local\Microsok\Windows\TemporarylnternetFiles\Content.OUtIOOk�PJSHH6S�7-1'1�t IY�II�.dOCX MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 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. 5 C:\Users\kswartz�AppData\Local\Microsoft\Windows\TemporarylnternetFiles\Content.0uttook\PJSHH68Z�7-1-14 min.docx _ MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 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. 6 C:1Users\kswartz�.4ppData\Local\Microsoft\Windows\TemporarylntemetFiles\Content.0utlook\PJSHH68Z�7-1-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 MR. BRIAN BOEGEL, 7407 Valley Vista Avenue, Yucca Valiey, 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 7 C:�Users\kswartzWppData\Local\Microsoft\Windows\TemporarylntemetFiles\Content.�uL��Ok�PJJHH6VL\7-1-14 m�n.d0�'iX MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 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 famitiar 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 afl 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. 8 C:1Users\kswartz�AppData\Local\Microsoft\W indows\Temporary Internet Files\Content.O U l I OO k�PJ S H H 6 HL\7'1'1 4 IY�I C�.d�('iX MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 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. 9 C:\Users\kswariz�AppData\LocallMicrosoft\Windows\TemporarylnternetFiles\Content.OUtIOOk�PJSHH6CJL\7'1-14 CT�IC�.dOCiX MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 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 10 C'�Users\kswartzWppData\Local\Microsoft\Windows\TemporarylntemetFiles\Content.�ut��k�PJSHH68L\7-1'1Y m�n.dOriX MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 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? 11 C:\Users\kswartz�AppData\Local\Microsoft\Windows\TemporarylnternetFiles\Content.OUtIOOk�PJSHH60L\7'1-14 CY�II�.d��iX MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 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 compatibte 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 12 C:\Users\kswartzVlppData\Local\Microsoft\Windows\TemporarylntemetFiles\Content.OUIIOOk�PJSHH6CJL\7'1'14 CT�III�.d�CX MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 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 of the City Council meeting 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 13 �:�,�se�s�ksWart��,pPoa,a��o�a��M��osoh�W��doWS�TemPo�ary��,e��etF��es�oo�te��.0utlook\PJSHH68Z�7-1-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 2014 problem in bringing in deterioration to the community. He also commented that having the proposed gym at Village Court may 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. 14 C:1Users\kswartzWppData\Local\Microsok\Windows\TemporarylnternetFiles\Content.�ul��k�PJJHH60L\7'1'14 m�n.d�CiX MINUTES F 4� PALM DESERT PLAN NG COMMISSION FEBRUARY 19, 2013 Code to allow LED parking lot light fixtures in place of high pressure sodium light fixtures at Country Club Marketplace. V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of January 15, 2013. Rec: By Minute Motion, approve as presented. B. REQUEST FOR CONSIDERATION of a two-year extension for the entitlements of Carlos Ortega Villas. Case No. GPA/CZ/PP 11-200 & TPM 36363 (City of Palm Desert). Rec: By Minute Motion, approve the extension (untif March 22, 2015), Case No. GPA/CZ/PP 11-200 & TPM 36363. Commissioner Stendell ABSTAINED from the vote on Consent Calendar Item A. Upon a motion by Campbell, second by Dash, and 4-0 vote of the Planning Commission, the remainder of the Consent Calendar was approved as presented with Commissioner Limont ABSENT. VII. CONSENT ITEMS HELD OVER None Vfll. PUBLIC HEARINGS �� A. REQUEST FOR RECOMMENDATION of 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 (Five Star Fitness & Gym, �LC, 73-585 Fred Waring Drive, Suite 201, Palm Desert, Applicant). Commissioner Stendell recused himself from participating due to a potential conflict of interest. Mr. Kevin Swartz, Assistant Planner, reported that staff recommended denying Conditional Use Permit 12-385 based on non-compliance with Chapter 25.25 Office Professional zone. He stated staff's concerns are land use compatibility, parking, and the fact that property owners within the building and adjacent business owners are in opposition of the proposed gym and fitness facility. 2 G:�Planning\Monica OReilly\Planning Commission�2013\Minutes�2-19-13 min.docx MINUTES (`� PAIM DESERT PLAN G COMMISSION FEBRUARY 19, 2013 Mr. Swartz informed the Planning Commission that staff received a letter from the applicant requesting a continuance to the March 19, 2013, meeting. He stated that staff recommended continuing this item to allow the applicant to respond to the issues raised in the staff report. He noted that it is a Public Hearing, and he planned to continue with his presentation in case someone from the public wants to give public testimony. Mr. Swartz stated he was aware of two individuals who want to address the Planning Commission; however, they agreed to continue the item to March 19. He asked the Planning Commission if they preferred the staff report tonight or at the meeting of March 19. Ms. Aylaian suggested that Chair DeLuna query the audience to find out if anyone was interested in hearing the presentation tonight, and giving their comments in case they are not able to attend the next meeting. Chair DeLuna asked the audience if anyone wanted to speak tonight on Item A. There was no response from the audience. Commissioner Campbell moved, by Minute Motion, to continue Item A (Case No. CUP 12-385) to the March 19, 2013, Planning Commission meeting, and that staff can present their report at that time. Motion was seconded by Commissioner Dash and carried by a 3-0 vote with Limont and Stendell ABSENT. B. REQUEST FOR RECOMMENDATION of a Conditional Use Permit to allow a new wireless telecommunications facility disguised as two faux boulders for AT&T Mobility located within the Stone Eagle Development. Case No. CUP 12-266 (AT&T Mobility, 12900 Park Plaza Drive, Cerritos, Applicant). Mr. Swartz reported that the subject property site is located within Stone Eagle Development near the 9th hole of the golf course. He reminded the Planning Commission that they denied a Conditional Use Permit for the installation and operation of a 9'S" faux boulder located on the ridgeline. The applicant's new proposal is for two faux boulders with one boulder 5'6" tall and another 3'6" tal(: ;�t�� Mr. Swartz displayed photos of the proposed locations for the boulders. He stated that the faux boulders would not be visible from any public street or public view, and that Stone Eagle homeowners' association has approved the location and design. He also noted that the faux boulders would match the desert landscaping and would not impact the natural hillside appearance. Staff recommended approval, and Mr. Swartz stated the applicant was present to answer questions from the Planning Commission. Commissioner Dash inquired about the letter that was given to the Planning Commissioners prior to the meeting. Mr. Swartz responded that he did not get a chance to read the letter; however, the letter is in opposition of the project. 3 G:1Planning\Manica OReilly\Planning Commission�2013\Minutes�2•1313 min.docx MINUTES a ��r PALM DESERT PLANN G COMMISSION " MARCH 19, 2013 V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of February 19, 2013. Rec: By Minute Motion, approve as presented. Upon a motion by Dash, second by Campbell, and 4-0 vote of the Planning Commission, the Consent Calendar was approved as amended with Commissioner Limont ABSENT. VII. CONSENT ITEMS HELD OVER None VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of 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 (Five Star Fitness & Gym, LLC, 73-585 Fred Waring Drive, Suite 201, Palm Desert, CA, Applicant). Commissioner Stendell recused himself from participating due to a potential conflict of interest. Mr. Kevin Swartz, Assistant Planner, reported that on March 6, staff met with the applicant regarding concerns outlined in the staff report. He said the applicant requested additional time, and staff recommended continuing the public hearing to April 16. Chair DeLuna asked if the applicant would be ready by April 16. Mr. Swartz replied yes. Commissioner Dash moved, by Minute Motion, to continue Item A (Case No. CUP 12-385) to the April 16, 2013, Planning Commission meeting. Motion was seconded by Commissioner Campbell and carried by a 3-0 vote with Limont and Stendell ABSENT. B. REQUEST FOR CONSIDERATION of a Conditional Use Permit to allow a new Verizon 68-foot wireless telecommunications mono-palm and new equipment shelter located at Temple Sinai at 73-251 Hovley Lane West. Case No. CUP 12-231 (Verizon Wireless, 15505 Sand Canyon Avenue, Bldg. D104, Irvine, CA, Applicant). 2 G:\Planning\Monica OReilly\Planning Commission�2013\Minutes\3-1913 min docx MINUTES �� PALM DESERT PLANNING COMMISSION APRIL 16, 2013 Chair DeLuna asked if it would be brought to the Planning Commission. Ms. Aylaian responded that it �would go through the Planning Commission if the City Council decides that they would like to submit an application to LAFCO for annexation. She said that any areas being considered would come to the Planning Commission for pre-annexation zoning. V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of March 19, 2013. Rec: By Minute Motion, approve as presented. B. MINUTES of the Planning Commission meeting of April 2, 2013. Rec: By Minute Motion, approve as presented. Commissioner Greenwood ABSTAINED from the vote on Consent Calendar Item A. Upon a motion by Dash, second by Stendell, and 5-0 vote of the Planning Commission, the remainder of the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS A. RATIFY the appointment of liaison for Art in Public Places. Commissioner Campbell moved, by Minute Motion, to ratify the appointment of Commissioner Stendell to the Art in Public Places Commission. Motion was seconded by Dash and carried by a 5-0 vote. IX. PUBLIC HEARINGS ��' A. REQUEST FOR CONSIDERATION of a Conditional Use Permit (CUP) to operate a fitness & gym facility within an existing office professional building located at 44-651 Village Court. Case No. CUP 12-385 (Five Star Fitness & Gym, LLC, 73-585 Fred Waring Drive, Suite 201, Palm Desert, CA 92260, Applicant). Ms. Aylaian interjected and asked Commissioner Stendell if he would like to recuse himself from participating due to a potential conflict of interest. 2 G:\Planning\Monica OFe81y\Planning CommissioM2013\Minutesl4-1613 min dcex MINUTES � ' .Y. PALM DESERT PLANNING COMMISSION APRIL 16, 2013 Commissioner Stendell replied that he would recuse himself if there is discussion on the issue. Mr. Swartz informed the Planning Commission that the applicant notified staff that he would like to request a continuance for a period of six months (October 15, 2013). He explained the continuance would allow the Public Hearing to stay open until the applicant decides whether he wishes to move forward or withdraw the application. If the applicant wishes to proceed in six months, staff would notify all parties that were in opposition of the gym. He offered to answer any questions. Chair DeLuna asked if staff is recommending the continuance. Mr. Swartz replied yes. Commissioner Dash moved, by Minute Motion, to continue for a six-month period to October 15, 2013, the discussion to operate a 22,617-square-foot fitness & gym within an existing 42,208-square-foot office professional building. Motion was seconded by Campbell and carried by a 4-0-1 vote with Stendell ABSTAINING. B. REQUEST FOR CONSIDERATION of a Precise Plan to approve an existing � pad elevation that was increased by four feet in height at 112 Tekis Place, within the Mountains at Bighorn. Case No. PP 13-61 (Kristi Hanson Architects, 72-185 Painters Path, Suite A, Palm Desert, CA 92260, Applicant). Mr. Swartz reported that the subject property is located within the Mountains at Bighorn on the west side of Highway 74. In 1990, the Planning Commission approved Tentative Tract Map 26068 consisting of 35 single-family lots. In 1991, the Department of Public Works approved a rough grading plan for Tentative Tract Map 26068, which approved the pad elevation for Lot 22 at 1050 feet. On October 20, 1997, the Planning Commission approved Parcel Map Waiver 97-26, which showed the pad elevation for the lot at 1052 feet. He also reported that the applicant recently surveyed the site, and discovered that the current pad elevation ranges between 1053 and 1056.5 feet. He stated that sometime between 1997 and 2002 the pad was illegally graded, which resulted in the increased height. He noted that the Planning Commission must approve the revised pad elevations if they vary more than six inches from the approved elevations. Mr. Swartz stated that the principal concern with increasing the pad elevations is the line of sight for the adjacent properties. He presente�i photos to illustrate the preliminary design of the 8,907-square-foot home;"°t�,�� adjacent properties, and the line of sight study. Staff believes the future home would not adversely impact the views of the adjacent properties. He said the increased pad elevation by one to four feet in height does not change the size or shape of the parcel. Mr. Swartz stated staff recommends approving Precise Plan 13-61. He offered to answer any questions. 3 G:�PlanninglMonica OReilly\Planning CommissioM2013\Minutesl4-78-13 min.docx MINUTES � ` ��. PALM DESERT PLANN G COMMISSION OCTOBER 15, 2013 VI. CONSENT CALENDAR � A. MINUTES of the Planning Commission meeting of October 1, 2013. Rec: By Minute Motion, approve as presented. B. REQUEST FOR CONSIDERATION of a two-year extension for Phase III of Precise Plan 03-19 located at 39-840 Portola Avenue. Case No. PP 03-19 (TDA Investment Group, 2025 Pioneer Court, San Mateo, California 94403) Rec: By Minute Motion, approve the extension (until January 3, 2016), Case No. PP 03-19. C. REQUEST FOR CONSIDERATION of a two-year extension for a Precise Plan and Conditional Use Permit for a hotel site located at 74-144 Gerald Ford Drive. Case No. PP 06-18 / CUP 06-15 (May Garden & Associates/John Wang, 21250 Yorba Linda Boulevard, Suite G-338, Yorba Linda, California 92887) Rec: By Minute Motion, approve the extension (until October 18, 2015), Case No. PP 06-18 /CUP 06-15. Upon a motion by Commissioner Campbell, second by Chair DeLuna, and a 4-0- 1 vote of the Planning Commission, the Consent Calendar was approved as presented with Commissioner Greenwood ABSTAINING. VII. CONSENT ITEMS HELD OVER None VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a Conditional Use Permit to operate a r,� fitness & gym facility within an existing office professional building located at 44-651 Village Court. Case No. CUP 12-385 (Five Star Fitness & Gym, LLC, 73-585 Fred Waring Drive, Suite 201, Palm Desert, CA 92260, Applicant). Mr. Bagato reported that the applicant has redesigned the project. Staff is requesting to continue this item to the November 5 meeting to allow time for staff to review the project. Commissioner Greenwood moved, by Minute Motion, to continue Case No. CUP 12-385 to November 5, 2013, to allow staff additional time to address the applicant's modifications. Motion was seconded by Commissioner Stendell and carried by a 5-0 vote. 3 G:\Planning\Monica OAeilly\Planning Commission�2013\Miwtes\10-15-13 min.docz . MINUTES �� :�,� PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of October 15, 2013. Rec: By Minute Motion, approve as presented. B. REQUEST FOR CONSIDERATION of lot line adjustments for Whole Foods and Nordstrom Rack buildings (APNs 640-330-001, 640-330-012, & 640-340- 002). Case No. PMW 13-301 (Harsch Investment Realty, LLC, 1121 SW Salmon Street, Suite 500, Portland, OR 97205, Applicant) Rec: By Minute Motion, approve lot line adjustments, Case No. PMW 13-301. C. REQUEST FOR CONSIDERATION of a lot line adjustment at 1018 Cahuilla Hills, Bighorn Development (APNs 652-320-006 & 652-130-039). Case No. PMW 13-324 (Bighorn Golf Club, Inc., 255 Palowett Drive, CA 92260, Applicant) Rec: By Minute Motion, approve a lot line adjustment, Case No. PMW 13- 324. Upon a motion by Commissioner Campbell, second by Commissioner Stendell, and a 5-0 vote of the Planning Commission, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a Conditional Use Permit to operate a ��r► fitness & gym facility within an existing office professional building located at 44-651 Village Court. Case No. CUP 12-385 (Five Star Fitness & Gym, LLC, 73-585 Fred Waring Drive, Suite 201, Palm Desert, CA 92260, Applicant). Mr. Kevin Swartz, Assistant Planner, reported that the site is located at the northwest end of Village Court, and is zoned Office Professional. He said that to the north, south, and west is Planned Residential, and to the east is Office Professional. On December 6, 2005, the Planning Commission approved PP/CUP 05-23 to allow the construction of a single-story office building. He said that the project provided 173 on-site parking spaces. He stated that the applicant is proposing a five star elite gym with no more than 3,000 members, and membership dues of $129.00 a month. The facility consists of a multipurpose 2 G:`.Planning�Monica OReilly\Planning Commission�2013�Minutes\17-5•13 min.dcex MINUTES � � PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 room for exercise classes, an aerobic equipment room, a weight training area, men's and women's locker rooms, sauna and steam rooms, massage therapy rooms, a childcare room, an internet cafe, and a juice bar. Mr. Swartz said that the facility would be open seven days a week from 6:00 a.m. to 9:00 p.m. on the weekdays, and from 7:00 a.m. to 7:00 p.m. on the weekends. The facility would have 10 staff and trainers working at one time. He noted that the office building currently has five owners. He said that the total amount of parking needed based on the existing, future, and proposed fitness facility is 193 parking spaces, and the site maintains 173 parking spaces. Mr. Swartz noted that typically gym facilities are busiest from 11:30 a.m. to 2:00 p.m., and provided the results of the parking study that staff conducted. He stated that when the applicant originally submitted the application, staff had concerns with noise and the proposed hours of operation, which would cause disturbance to existing tenants and neighboring business owners. In the modified proposal, the applicant has reduced the hours of operation, modified the schedule for classes with loud music, no more than 3,000 memberships, and is no longer proposing a bar serving alcohol. Mr. Swartz stated that the applicant is also proposing dues of $129.00 a month to recruit a more upscale client base. He said that staff believes that the facility as proposed and conditioned would be a low intensity use and compatible with the existing businesses and surrounding residents. Staff recommends that the Planning Commission adopt Resolution No. 2597, approving Conditional Use Permit 12- 385. He offered to answer any questions, and noted that there are two letters that were provided after the agenda was distributed. Commissioner Roger Dash mentioned that one of the tenants requested designated parking spaces, and asked if there is going to be designated parking. Mr. Swartz responded that the owners could designate parking spaces within the property owners' association (POA). Commissioner Dash asked if the designation of parking spaces would be the responsibility of the owners or the POA. Mr. Swartz replied that is correct, and noted that the whole project has shared parking. Commission Ken Stendell asked if businesses have designated parking spac�`�� what type of enforcement would be in place. Ms. Aylaian responded that by State law, a private property owner who has their own parking lot is permitted to properly sign their lot citing the municipal code and State law, giving them the authority to tow unauthorized vehicles. The City does not enforce parking restrictions on private property so it would be up to the POA to designate what stalls are for which users, and it would be up to the POA to enforce the parking. 3 G:'�Planrnng\Manica pReilly�Planning Commission�2013\Minutes�t 1•5-13 min.docx . 1+6 y�. MINUTES \ PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 Commissioner John Greenwood referred to Condition of Approval No. 16. He asked what options are available if parking is insufficient in the future. Is there a management plan? Mr. Swartz responded that the applicant would have to present a proposal. He mentioned that one option for the applicant is to get reciprocal parking easements or agreements with the other business owners, or work something out with the hotel if they have extra parking. Commissioner Greenwood clarified that staff feels there are options available, if there is a parking issue. Mr. Swartz replied that he cannot reply yes since he has not seen a proposal. Commissioner Stendell referred to Condition of Approval No. 11. He asked if there could be amplified sound between 5:00 p.m. and closing. Mr. Swartz said that classes such as spin and Zumba could be held after 5:00 p.m. after the other businesses are closed. Commissioner Stendell commented that Condition No. 11 only takes the other tenants in the building into consideration. He asked about amplified noise for the surrounding neighborhood. Mr. Swartz responded that the gym closes at 9:00 p.m., which should not impact the residential area. He also noted Condition of Approval No. 10. If staff believes the noise is disturbing, excessive or offensive, the applicant must sound proof the interior walls. Commissioner Campbell asked if parking on the back north side could be restricted, if noise becomes a problem for the neighbors. Mr. Swartz replied that a condition could be added; however, he is not sure how it could be regulated. He mentioned that one option is coning it off, which they could look into in the future. Chair DeLuna inquired if there is a way to measure the amount of sound that comes outside of the building. Mr. Swartz responded that the Code Department has sound level meters. Ms. Aylaian added that there are sound level meters that are operated by Code Compliance officials in the event there is a complaint. If there is sound that is disturbing to a person of normal sensitivity, then that constitutes a violation of the sound ordinance and the City could enforce it as a code compliance measure. Commissioner Greenwood clarified that no noise mitigation will be done to the building until three complaints are received within a year. 4 G:�.Planning�Monica OReilly\Planning CommissioM2013\Minutes�11-5-13 min docz .� MINUTES �°�� PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 Mr. Swartz replied that is correct. Chair DeLuna declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MR. SURESH SHAH, 40-530 Morning Star Road, Rancho Mirage, California 92270, stated that Five Star Fitness & Gym is an upscale fitness club that is needed in the Coachella Valley, and will cater to serious health conscious people. He said that the reason membership is highly priced is because of the expensive and very exclusive Italian equipment, and all cardio equipment will have a television. Mr. Shah stated that he wants to make the fitness and gym a place where women could go to the spa, weight loss center, and exercise. He said that he is hiring three to four trainers, with great credentials. He stated that he currently owns approximately 30,000 square feet of the building, he's using approximately 22,500 for the fitness and gym, and he would like to use the rest of the space for a weight loss center and hair and nail salon. Mr. Shah said there is enough parking, and there is a shared parking agreement. Last, he noted that if you go to World Gym, you are unable to hear noise outside the door. Vice Chair Dash inquired about how many people would be using the gym per day. MR. SHAH replied that 250 to 300 members per day coming in at different times of the day. He mentioned that the hours befinreen 1:00 to 4:00 p.m. would be busy since the stock market closes at 1:00 p.m. Commissioner Greenwood asked Mr. Shah if he has reciprocal parking agreements currently in place. MR. SHAH replied that there are reciprocal easements recorded for all four owners. He stated parking and noise will not be a problem. Commissioner Greenwood asked if the parking numbers that were presented by staff were accurate for the applicant, or is there more parking that was not presented. MR. SHAH responded that there is enough parking. He mentioned that the dentist is busy in the morning, after that time, there are not many cars. Commissioner Greenwood stated that based on the parking calculations, they are deficient 20 spaces. Mr. Swartz stated that is correct. Commissioner Greenwood stated to Mr. Shah that the project is deficient 20 parking spaces, and there is not a reciprocal parking agreement in place for additional parking. 5 G:�Planning�Monica OReiIlylPlanning Commission�2013\Minutesl11-5-13 min.dcex . (� MINUTES PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 MR. SHAH stated that is right. He said that he already has 20 spaces because he sold 6,200 square feet to an art gallery. The art gallery is asking for three to four spaces reserved for them in the front. Chair DeLuna asked Mr. Shah what the monthly dues will be. MR. SHAH responded that the dues will be $129 per month. MR. BOB LIENHARD, 34-659 Via Josefina, Rancho Mirage, California 92270, stated that he has been a desert resident for 18 to 20 years. He said that he has belonged to four gyms: World Gym, Gold's Gym, OG Fitness, and 24-hour Fitness. He thinks that this is an opportunity to break out the standard low price leader strategy in the fitness centers. Five Star Fitness will draw an upscale clientele, and it is a place that he would look forward to having a membership. He added that he could not remember hearing sound from the cardio areas in the weight room area. He thinks that the concern with noise could be easily mitigated. He stated that this project would be an asset for the community. MR. NARENDRA PATEL, 71-711 San Jacinto Drive, Rancho Mirage, California 92270, stated that he is the architect for this project. He is looking forward to this facility. It will have very many exclusive features, and would be a great asset for the city. MS. EILEEN DRYDEN, 31-435 Via Las Palmas, 1000 Palms, California 92276, stated that she owns property in Palm Desert. She said that this gym would be a great asset to the community. She mentioned that Mr. Shah has built another gym that is very high class located inside a mall in Yucca Valley. She said you cannot hear loud music coming from the cardio classes when standing within the gym so noise will not be a factor. The gym will be very high end, and she looks forward to using the saunas and the spa. Ms. Dryden stated she is in favor of the gym. MR. KEN SORENSON, 43-680 Corte Del Oro, La Quinta, California 92253, stated that he supports the gym in Palm Desert. He said that he has tried all the gyms, and that Mr. Shah's gym is going to stand apart from the rest due to clientele that it would bring in and it is centrally located. He mentioned that he has been to many gyms, and,he never had a problem with noise. MR. TED EICHELBERGER, 73-733 Fred Waring Drive, Suite 205, Palm Desert, California 92260, stated that he is a general contractor that helped Mr. Shah build the gym in Yucca Valley. He stated that sound was mitigated at the gym in Yucca Valley, and that it would carry over to the gym in Palm Desert. He also mentioned that Mr. Patel is a one of the best architects in the city as far as he is concerned. He has never designed anything that you would not be proud of to look at, and it will be a very nice project. DR. JEFF SCHANTZ, 44-651 Village Court Drive, Suite 150, Palm Desert, California 92260, stated that he is the first owner in the building, which was 6 G:`PlanninglMonica OReilly\Planning Commission�2013\Minutes111-5-13 min,docx MINUTES �� ' „ PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 zoned Office Professional when he purchased it. He stated that his dental wouid be located next to the gym, and is concerned of what would happen to the value of his practice and to the real estate. He said if the Planning Commission decides to approve this project, he also has a concern with the loss of common area that they are part owners of. He asked that there be provisions for the use of the remaining bathroom to be used by the tenants that are not owners of the gym. MR. TOM KLEIN, 44-651 Village Court, Palm Desert, California 92260, stated that he is the President for Advanced Retirement Strategies, and he owns two condo suites in the building. He said that when he purchased the office suites in 2011; they were sold as Office Professional/Medical/Dental. He commented that his office is located inside the lobby off from the main lobby to the left. If he had any indication that a gym was going in this professional office building, he would have never bought the condos. He noted that the design calls for the lobby to be the entrance for the gym so all the folks that are going to the gym are going to go into the front lobby. He is concerned that people in gym clothes will be hovering all over the lobby in front of his offices. He stated that he does not feel that the office building is appropriate for a gym. He also stated that the design has the childcare facility next to his offices, and the internet cafe is next to his conference room. He expressed that in his business privacy and confidentiality is important to him, and that is a concern of his. DR. MORGAN MORANDA, 44-179 Constitution Drive, Indio, California 92201, stated that he his partners with Dr. Schantz, and an owner of one of the large suites. He said that they would not have purchased a suite if they knew a gym would be in the same building. He mentioned that they have met with Mr. Shah several times and that the gym is very well designed, but it is not the right place for it. Dr. Moranda stated that they have met with Mr. Shah regarding changes that they could make; however, the diagram that is being shown does not show what the building looks like now. He said there is common space and a bathroom being taken away, which was discussed with the possibility of compensation, but that has never been written down on paper. His other concerns are parking and traffic. He commented that a parking study was done, but was it done during peak season or during the summer? Dr. Morgan also commented that Mr. Shah was going to make changes to the club entrance so that they have their own separate entrance, which he does not see on the diagram. He voiced that if the project is approved, he hopes that their concerns are addressed. MR. SHAH addressed the Planning Commission that his architect is available to show a slide show of the interior design of the gym. He stated that he is taking some of the common space on his side because no one else is in the area except for two small suites owned by Mr. Klein. He said that he is compensating all three owners that have paid for the common area. Chair DeLuna asked Mr. Shah if he decided to compensate the owners unilaterally or involve the owners in that decision. 7 G:'�Planning�Monica OReiIlylPlanning Commission�20131Minutes111-5-13 min docz MINUTES � " PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 MR. SHAH replied that the owners approached him about compensation if he is going to be taking over the common area. He explained that he had his architect calculate the square feet to give them money back. Chair DeLuna said that she does not think the Planning Commission needs to see a slide show of the interior design. Ms. Aylaian added that a slide show of the interior is not typically something that the Planning Commission would look at. If the Commission would like to entertain a presentation, they could do so. Vice Chair Dash inquired if the City would be involved in the compensation for the loss of the common area. Ms. Aylaian replied no. She said that she has heard several items by the applicant that seemed to be representations made to surrounding business owners, and items that were not picked up in the staff report. Some of the items were double watl construction with sound insulation in befinreen, that the entrance would be moved to the west side, and that there would be compensation for the common areas. She stated that if the Planning Commission believed they were appropriate adjustments for putting this use in an office professional building, it would be appropriate for the Planning Commission to add these conditions. With no further testimony offered, Chair DeLuna declared the public hearing closed. Commissioner Stendell commented that after hearing the other property owners, he feels for them. He expressed his concerns with the entrance to the gym, and the interior courtyard. Are there going to be lounge chairs? How is it going to be used? He is concerned that the courtyard will be a gathering place for club members. Commissioner Greenwood voiced that he is concerned with traffic and parking. He said that he would like to see more evidence supporting the parking study. He also said that he would like to see more testimony from World Gym or Gold's Gym based on a similar member base. How many members do they have per day? He said he would like to know what options are available if parking becomes an issue in the future. Commissioner Campbell mentioned that she drove by offices around 9:15 a.m., and there were hardly any cars in the parking lot. She mentioned that she has been going to her doctor there for many years, and she has never experienced a traffic problem. However, she would like to see a separate entrance for the gym, and have sound barriers added to the Conditions of Approval. She commented that she feels it would be an asset to the community. For a membership of $129 a month, she does not see 3,000 members going all at once. Vice Chair Dash commented that the major concerns are noise and parking. He said now there's also concern with the location of the main entrance of the gym. 8 G'�Planning\Monica OReilly\Planning Commission�2013�Minutes\11-5•13 min dcex MINUTES PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 He feels that all items have been addressed with the Conditions of Approval, and some measures can be taken to enforce those provisions. Commissioner Stendell inquired if the Planning Commission is being asked to approve the project as it is currently designed. Chair DeLuna replied yes. Chair DeLuna communicated that the City carefully assigns land uses compatible with overall zoning. She stated that the applicant is asking for a special use not permitted by the current zone. In addition, the applicant has a history of code compliance issues that have cost the City money and staff time. Chair DeLuna asked Ms. Aylaian if a building owned by the applicant had a tenant involved in criminal activity. Ms. Aylaian replied that she believes that is correct. Chair DeLuna asked if the applicant has had code compliance issues pertaining to signage, and painting of a commercial building. Ms. Aylaian responded that there have been code violations unrelated to this case. Chair DeLuna expressed that the applicant is asking for special treatment at this time; it is not unreasonable to ask for conditions to assure future compliance with City standards and requirements. The applicant plans to have 3,000 members in his gym. However, out of an abundance of caution for fire safety and adjacent residential neighborhoods, conditioning the membership to no more than 1,500 to 2,000 is a more reasonable expectation. She said that the applicant has stated that members will pay $129 per month to discourage the type of loitering that sometimes occurs outside of gyms and in parking lots. She also said that memberships are submitted to the City on an annual or semi-annual basis. She asked if that was correct. Ms. Aylaian responded that one of the Conditions of Approval required that the membership lists be submitted twice a year. Chair DeLuna stated that she would like to add a condition to show the amount of membership paid by the different members so that the City could assure that the applicant is requesting a high-class clientele. She voiced that the other owners purchased property in the building with the understanding that it would be in an Office Professional zone. She stated that this type of gym would be welcomed in the City; however, she feels that it is not the right location for a gym. Chair DeLuna requested a resolution of denial. 9 G:�Planning\Monica OReilly\Planning Commis5ioM2013\Minutes111•5•13 min.docx . � MINUTES PALM DESERT PLANNING COMMISSION NOVEMER 5, 2013 Commissioner Stendell moved, by Minute Motion, that staff prepare a resolution for denial of Conditional Use 'Permit No. 12-385. Motion was seconded by Commissioner Greenwood and carried by a 3-2 vote with Vice Chair Dash and Commissioner Campbell voting NO. Ms. Aylaian stated that staff will have to prepare the resolution of denial, and will return to the Planning Commission on November 19, 2013. She noted that there will not be a public hearing since the public hearing has been closed. IX. MISCELLANEOUS None X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION Commissioner Dash gave an update on the University Park dog park parking issue. The Parks & Recreation Commission recommended expanding the dog park at Freedom Park, which will go to the City Council for approval. Chair DeLuna asked if it is a land use issue that the Planning Commission will need to review or will it go directly to the City Council. Ms. Aylaian responded that it would not go to the Planning Commission. The expansion only involves rearranging square footage in an existing approved park. XI. COMMENTS Commissioner Stendell commented that the Planning Commission denied the fitness and gym facility. He inquired if Mr. Shah would be able to return with an alternate application addressing the concerns that were expressed this evening. Ms. Aylaian responded that the applicant would not be able to submit the same or substantially similar application for one year. 10 G:\Planning\Moniw OReilly\Planning Commission�2013\Minutes\t t-5-13 min.docx _ _ _--- -------- � �—f� ��. , � /� �, y� _.1 .. . � � 4_- �-. � , • . I 'a � . r � ��'� . _- O'R'. � O „ .�\� - � • . . ,'.. � . I . ' ,_�_i:. • ' - I ! ' I t" • • . ' I I . '�� , . ��. I I . . .• { � I i� . . -- ._._.. \ : 3 �i f . . . .. � �' ; h ' � � , i . { ,. � . . , , . i h - p . �. 1 � �� , i ; i /. .. . . ., . - J r _ . . . , ` l , ., • : �:� -,:� ��, � • . . ....._: Z . �= i C� � . . � � . . : � _ - -_ . �e , � � ;� . . . , . , ; _ � i � � � i� j � � i� 1 i ` �� , � 1f ; - � ,_ � � - .� ,� , � ; , . . . � ��,� �'.� . � � �� u , � � �� _ �, � i � , i , �� • .. .� � i i�� fa ��. M M �:e � m i � � - ,� .� � � $�n. . i ■ •) r r n i i ,. 9 � �, : ' � s � -___. _. `-- �� ;:i rn5��5 � � �. - � �. �, i p � � • , �g d � � , � � � m — I �� d' i • � � � � � .� ��II� � ,�,�� .,. : I ; � - -_ —_ ' � � , � Y � �' .� S�&d'�8 � �;.� � j i �' �' I Y � i -µ�-_ �� i � � ' . , . ,_ i _�, , � � � . _ � ;� ^a s?��a a• � � '�,'�'�'t'€�'�� . . ,�-� . � _ _� K,- ' .�; ; ,„ .I fi&8b� ' e �. - � ;' � � �� • ' ; � - �8 II 8� �It' o a o � \\\ �" � � � � � ;,^ . • ' � � - .� ➢ �;� � ; : , , � � ,-. . ,. � , ��_ �ea`� � ;, ;_ka � �..a. Ul. uU��(1� _.- _ _ � � �: � 'S° 2 � i , ='V - � Ti��, ` !L,I . � . ' � ..._. _ iY� � aca� cas � _ ��-,9 6 n d�3 _ �1� - �-_� _.___. ' 1 :� , � � ', -- - - - - - � --- ' � � . ' . . �`�, � � �. � - ' � --�-- i � . , —�. : e - Y�Y YYY9dYY00 I O -� . ..-,. , ._. . - .. � • • • ]rS . ' t . � • ., •. i � ... i ____ • � • . C � a '� ' � s ' ---- ■5 ! �• � , �\ ' � .�� ' ', ,i �� __._ , __ � � r� , �i . � � R ; - , \ $ 4� �•/J � .'__ .., F (.�� ; ... � J _ ( . , _-} ^ € < !i • I —__ .. ._.___ , � � � '//\ � I �, � t �__�—, - i �.� <« `_ � - ; � � �•.� , � ; . �-"" � '�`�:�'� . �:�.: � � � . -.-_. ' 4_y " 4 a� ,g'. �' . 3 i _ . � . . . . . . . ��t� 'i�{�,i! 5� :'C .., �E. � . . . � . _. � � y�� \�� • gy � � . : ': � , --_ 1: � �; .� ,t� ��,:� $ - ; � .. . � : _ �• � _ � f� � � — �� __ , � � j:; ,�� ,� �: - �� _ � � I'i f� �'� -a� - �' __ - "� : ' i � 1 �•� -_� �:� � �- ��;{ � � � � ; , .. � � i � < < < -� � -- �.,- , � , � r, ,� �� s , •i t. h .-��.. � �, ` � "� ., �� ' � � - _ -- � - . . . �. .; , �-� ._ �� ,r - - -- � ,�'_� _ _+_�� _ � . � -- � _._. . ,. �� ',, i �_. , �.� � :.:, . _ . � � . . m , �.._ __. 1. . _.. ._ . _. _ _._-__.__.. .._._— -- ..__._ ..__ .__.. _ . .. . I .. .. _ .-_4� . , . � g°> -�� _ _ � � .� . � --- —. — �� .� � _ - — . , > ,� � � ° _.__, __= , A � � 3� � � _ , -'- � -s: --�� -_ ._ .� .. ..:. _,.--_ ' '�'-' �� _ - ' '= .v. �-�� .: :.�::'� .;,:�,: , .�Q �-'� � • � J�- �� 10 �.�f7 t� /� f�.�-- . A7 D-'_'�•\. \ �. .�.-... ' i 7 � �. '.� � � �e` __�._+ // //// \\ / � � , � / � � I' \Y� 'i' ! _.... � _"__��.r , �.. �—_. �.....__.. ` r �.. � � •I �� w „ `��-_�� ._ _ .. . . __ . _ . __ _...-�. ._. __ ��. . ..—___iHi�tEiNVRf --__._ �i ! �� t F.�: . �� ..��. � � ��' � �� D 4 mR' p � ��1 � Z x � '� N 6nm�on tl� e�� n�>:�o --� Z � � D -v �� ;�� RF =��>�� Z Q � Q £&� eF �� t � �� d�' � R�f�� cn G) Z m cn �� Y�6j � � � �$� � �N y D v �� e n� � � �� p . �. -.-� '� ;� � �`,�y ��' �B ! � • - -d_ � �:$r�a� � D � � :b��:�° f a � $ � OVERALL SITE � FIVE STAR FITNESS �' ' � � � ■PATEL ARCHITECTURE � 9 ' ■Green�rcneech+emtlmieriarDeWn 8� t° -' PARKING PLAN ��VIILAGECOURT,PALMDESERT,CALIFORNIA NaentlraPotelA.IAArChitecti L .�,..��,�;�..��, =:�� tteMCocunenbalV�CaMtlbpl4MrKhROMae�roltoOaRG�xf0.cMqWacCOMC.AMr+M�qtlNd+AlMnCvrlWWwpoMblAlA.NtNYOW710 •+'e... wwrc m I I