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HomeMy WebLinkAbout2020-05-19 PC Regular Meeting Minutes1 CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES TUESDAY, MAY 19, 2020 — 6:00 P.M. ZOOM VIRTUAL MEETING I. CALL TO ORDER Chair Lindsay Holt called the meeting to order at 6:02 p.m. II. ROLL CALL Present: Commissioner Joseph Pradetto Commissioner Ron Gregory Commissioner Nancy DeLuna Vice -Chair John Greenwood Chair Lindsay Holt Also Present: Craig Hayes, Assistant City Attorney Ryan Stendell, Director of Community Development Eric Ceja, Principal Planner Kevin Swartz, Associate Planner Nick Melloni, Assistant Planner Christina Canales, Engineering Assistant Monica O'Reilly, Management Specialist II III. PLEDGE OF ALLEGIANCE Commissioner Joseph Pradetto led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Director of Community Development Ryan Stendell reported that City Hall closed to the public on March 17 due to the pandemic, and City staff has done a fantastic job implementing a digital portal. The portal allows applicants to submit applications, permits, and plans for review digitally. Staff is routing and approving projects virtually, and taking payments via credit card and mailed checks. Developments Services is fully operational even though the doors are closed. He also reported that the City Council approved an Emergency Rental Assistance Program and a Small Business Loan Program. MINUTES PALM DESERT PLANNING COMMISSION MAY 19, 2020 Chair Holt asked if the City would continue to receive applications online after the pandemic. Mr. Stendell replied yes. V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of February 4, 2020. Rec: Approve as presented. B. REQUEST FOR CONSIDERATION to approve Parcel Map Waiver application for a lot line adjustment at 131 Navtem Place (APNs 771-310-002 and 771-280-065). Case No. PMW 19-0006 (Steven J. Van, Corona, California, Applicant). Rec: By Minute Motion, approve Case No. PMW 19-0006. C. REQUEST FOR CONSIDERATION to approve a one-year time extension for Precise Plan and Conditional Use Permit 16-394 for The Sands multi -family housing development on the south side of Hovley Lane East and east of Portola Avenue. Case No. PP/CUP 16-394 (MSA Consulting, Inc., Rancho Mirage, California Applicant). Rec: By Minute Motion, approve a one-year time extension, until April 26, 2021. D. REQUEST FOR CONSIDERATION to approve a one-year time extension for Tentative Tract Map 36342 for the subdivision of 22+ acres into 96 units consisting of 84 cluster units, 64 attached units, 48 single-family homes, and a private recreation facility development located on the northwest corner of University Park Drive and College Drive. Case No. TTM 36342 (WSI Mojave Investments, LLC, c/o: Mike Byer, Irvine, California, Applicant). Rec: By Minute Motion, approve a one-year time extension, until May 21, 2021. Commissioner Pradetto requested Item D be removed for separate consideration under Section VII, Consent Items Held Over. Upon a motion by Commissioner Pradetto, seconded by Vice -Chair Greenwood, and a 4-0 vote of the Planning Commission, the remainder of the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: None; ABSENT: Gregory). 1 2 MINUTES PALM DESERT PLANNING COMMISSION MAY 19, 2020 VII. CONSENT ITEMS HELD OVER D. REQUEST FOR CONSIDERATION to approve a one-year time extension for Tentative Tract Map 36342 for the subdivision of 22+ acres into 96 units consisting of 84 cluster units, 64 attached units, 48 single-family homes, and a private recreation facility development located on the northwest corner of University Park Drive and College Drive. Case No. TPM 36342 (WSI Mojave Investments, LLC, c/o: Mike Byer, Irvine, California, Applicant). Commissioner Pradetto requested a brief presentation by City staff. Associate Planner Kevin Swartz displayed Tentative Tract Map 36342, which the Planning Commission approved in 2011. He noted that the applicant made minor modifications to comply with the University Neighborhood Specific Plan (UNSP). He said the current owner is working with a developer to purchase the property, and a one-year time extension will allow them to continue negotiations. Staff recommended approval of the one-year time extension. Commissioner Pradetto asked if the map is 100 percent consistent with the UNSP. Mr. Swartz replied yes, the map is consistent with the density, zoning, and the layout for the area. Commissioner Pradetto moved to, by Minute Motion, to approve a one-year time extension (May 21, 2021). The motion was seconded by Vice -Chair Greenwood, and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: None; ABSENT: Gregory). VIII. NEW BUSINESS None IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION for approval of a request for revisions to building pad elevations for approved Tentative Tract Map 37506 for the subdivision of approximately 174+ acres of vacant land located south of Gerald Ford Drive, east of Portola Avenue, and west of Cook Street. Case No. TTM 37056 Amendment No. 1 (University Park Investors, LLC, Pleasanton, California, Applicant). Mr. Stendell noted that Commissioner Gregory is in the virtual meeting; however, he is having technical difficulties. 9 MINUTES PALM DESERT PLANNING COMMISSION MAY 19, 2020 Principal Planner Eric Ceja presented the staff report (staff report(s) are available at www.cityofpalmdesert.org). He made clear that the revisions still comply with the UNSP. Staff recommended approval, subject to new conditions of approval found in Planning Commission Resolution No. 2774. Chair Holt declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. JULIAN DE LA TORRE, MSA Consulting, Rancho Mirage, California, stated that they made simple revisions to the map to smooth out the transition for grading, drainage, and utility purposes. With no further testimony offered, Chair Holt declared the public hearing closed. Vice -Chair Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2774, approving Case No. TTM 37056 Amendment No. 1 for revisions to the building pad elevations. The motion was seconded by Commissioner Pradetto and carried by a 4-0 vote (AYES: De Luna, Greenwood, Holt, and Pradetto; NOES: None; ABSENT: Gregory). B. REQUEST FOR CONSIDERATION for approval of a request by West Coast Cannabis Club to amend Condition of Approval No. 5 of Planning Commission Resolution No. 2742, limiting retail business hours to 5:00 p.m. for the cannabis retail component of their operations located at 42-650 Melanie Place. Case No. CUP 17-0018 Amendment No. 1 (West Coast Cannabis Club, Cathedral City, California, Applicant). Mr. Ceja outlined the salient points of the staff report. He noted that staff advertised the public hearing, and there were no comments in favor or opposition to this request. Staff recommended approval and offered to answer any questions. Commissioner Nancy DeLuna clarified that the applicant is requesting to change the retail hours, and everything else stays the same. Mr. Ceja replied that is correct. Commissioner DeLuna inquired if all other cannabis dispensaries in Palm Desert are open until 10:00 p.m. Mr. Ceja replied yes. Commissioner DeLuna asked if it is correct that this is the only cannabis retail business in the Service Industrial zone. Mr. Ceja responded that it is the only cannabis business in the Service Industrial zone, with a retail component. Commissioner DeLuna asked if it is correct that the amendment is to change the business hours of the retail component. 4 MINUTES PALM DESERT PLANNING COMMISSION MAY 19, 2020 Mr. Ceja replied that is correct. Chair Holt declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. KENNETH CHURCHILL, Applicant, Cathedral City, California, echoed that they are requesting the removal of the restriction of the retail hours of operation. To his knowledge, there is not a single cannabis business in the State of California with as strict hours as the City of Palm Desert has given them. He believed there is not an issue of public safety. They have been operating cannabis businesses in the Coachella Valley for four years, and this is their second year in Palm Desert. He cited that in the four years in business, they have not had any issues. They have been able to help with some outside cases using their security guards and security footage. He voiced that they take their role as business owners very seriously, and they understand that the safety of their customers and neighbors is very important. They provide 24-hour security at this location, even though they are not open 24 hours. He does not believe the extended retail hours would change the dynamic of the industrial zone. There are other businesses in the same zone open after 5:00 p.m. such as, Mama Margarita's Restaurant, Alkobar Quick Stop & Deli, Bloodline Tattoo, and Cardiff Limousine (open 24 hours). He said that they have employees from surrounding businesses complaining that they work past 5:00 p.m., and they have to go home to order for delivery. He stated that they are not asking for special treatment. They are only asking for an opportunity to compete at a level playing ground with the other cannabis operators in the Coachella Valley. He said that the State of California mandates the hours for cannabis retail sales (6:00 a.m. to 10:00 p.m.). Therefore, he requested that the City remove the retail hours' restriction. He commented that they have been waiting two and a half months to be before the Planning Commission, and appreciated giving them the opportunity. With no further testimony offered, Chair Holt declared the public hearing closed. Vice -Chair Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2775, approving Case No. CUP 17-0018 Amendment No. 1 to amend Condition of Approval No. 5 of Planning Commission Resolution No. 2742 to allow the retail component to stay open until 10:00 p.m., seven days a week. The motion was seconded by Commissioner Pradetto and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: None; ABSENT: Gregory). C. REQUEST FOR CONSIDERATION for approval of a Tentative Parcel Map to subdivide a 1.12-acre commercial lot into two parcels at 41-651 Corporate Way, and adopt a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Case No. TPM 37883 (The Altum Group, Inc., Palm Desert, California, Applicant). Assistant Planner Nick Melloni reviewed the staff report and recommended approval. Vice -Chair Greenwood asked if the subdivision affects the reciprocal parking agreement that is in place with the City. 5 MINUTES PALM DESERT PLANNING COMMISSION MAY 19, 2020 Mr. Melloni replied no, the reciprocal parking agreement would remain in place and indicated on the map. Chair Holt declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. STEVE HEISE, The Altum Group, Inc., stated that the map is keeping everything the way it was. The purpose is to have two separate owners, as opposed to a condominium association. He also stated that reciprocal parking and access agreements would stay in place. He noted that the subdivision would not change the uses or the volume of traffic in the area. With no further testimony offered, Chair Holt declared the public hearing closed. Vice -Chair Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2776, approving Case No. TPM 37883, subject to the conditions of approval. The motion was seconded by Commissioner Pradetto and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: Gregory). XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES 1 Mr. Stendell reported that the Art in Public Places Division is working with the Marketing Department on a Unite Palm Desert campaign. B. PARKS & RECREATION Mr. Stendell stated that the Palm Desert parks have been a savior to the community during this time. The staff has been doing a good job posting signs. Parks remain open except for the Hovley Soccer Park, and restrooms will re -open soon. XIII. REPORTS AND REMARKS Mr. Ceja noted that the agenda this evening was light because it was going to be the first Zoom virtual meeting. There are cases lined up to go before the Planning Commission. He thanked the Commission for participating. Mr. Stendell added that staff has held a couple of Architectural Review Commission meeting; there will be more frequent meetings. He said it was good to see everyone. 1 9 1 1 MINUTES PALM DESERT PLANNING COMMISSION MAY 19, 2020 XIV. ADJOURNMENT With the Planning Commission concurrence, Chair Holt adjourned the meeting at 6:40 p.m. ATTEST: RYAN STENDELL, SECRETARY MONICA O'REILLY, RECORDING -SECRETARY 7