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Home My WebLink About11-17 Draft Minutes Kt �i�'��•; MINUTES ,foy PALM DESERT PLANNING COMMISSION •'°��,j�� '' Ate`• TUESDAY — NOVEMBER 17, 2009 973'N. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *' * * * * * * * * * * * * * I. CALL TO ORDER Chairperson Tanner called the meeting , • er at 6. m. II. ROLL CALL y ;r� Members Present: Van Tann- air Connor Limo !� ce Sonia Campbel DeLuna .t Members Absent: Non`: ' Staff Pre Lauri A •`'/� lirector: ommunity Development .- ave E City Attorney ill Tremb& Acting City Attorney 4 Baga ' -rincipal Planner . r g 4Zt•ssistant Planner Pedro Frodrbuez, Senior Code Officer Christina Canales, Assistant Engineer Tonya Monroe, Administrative Secretary III. \\\ PLEDGE LLEGr CE mmission °. ampbell led in the pledge of allegiance. IV. S F COUNCIL ACTION Ms. Aylaian summarized pertinent October 8, October 22 and November 12, 2009 City Council actions. V. ORAL COMMUNICATIONS None. VI. APPROVAL OF MINUTES Request for consideration of the October 6, 2009 meeting minutes. MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 17, 2009 Action: It was moved by Commissioner Campbell, seconded by Commissioner DeLuna, approving the October 6, 2009 meeting minutes. Motion carried 4-0-1 (Commissioner Schmidt abstained). VII. CONSENT CALENDAR A. Case No. PP 07-07 — PREST VUKSI HITECTS, Applicant Request for approval of a tw r tim tension for a 17,600 square foot professi office bui • $ ,,,,, at 44-450 Monterey Avenue. Commissioner Limont asked if,, was an a ption. Mr. BX7, confirmed that typically they are one yea ith and parcel maps recently receiving two years, staff was con o years for other projects as well. Commissioner ;� � t questioned a possibility of the requirements for Title 24 changin•' * way in next two years. Mr. Bagato explained that at the ti bu 4, ans are bmitted, the plans will have to be consistent with Titl_ . So„IT;;,. Id bi to current standards. Action: It w •ved by" 9mmiss7. r Campbell, seconded by Commissioner Limo; apProvin• :=4;- Conse ' ,..lendar by minute motion. Motion carried 5-0. s 4 ty- VIII/ PU /SEA S /��0, Anyone chat( .-s any hearing matter in court may be limited to //raising only/ ose issues he, she or someone else raised at the public aring de ed herein, or in written correspondence delivered to the • Wing ission at, or prior to, the public hearing. /, A. �, a No. CUP 06-13 — CITY OF PALM DESERT, Applicant Request for revocation of an existing conditional use permit for a massage therapy establishment within an existing commercial suite located at 72-405 Park View Drive. Business Owners: Miao Zhuang and AiLin Yu. Assistant Planner Kevin Swartz thoroughly reviewed the staff report and recommended revocation of Conditional Use Permit 06-13. 2 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 17, 2009 Chairperson Tanner opened the public hearing, noting that the City was the applicant. He asked for any testimony in FAVOR of or in OPPOSITION to the proposed revocation. There was no response. The public hearing was closed and Chairperson Tanner asked for Commission comments and/or action. Commissioner Limont noted when she looked a police report, it said that there was a citizen who called back in, ,".# of 2008 and they were now into October/November of 2009. She if there were just certain steps that had to be taken and that's wh."' oo is amount of time. Ms. Aylaian explained that just because i le complaint was received did not mean it is well founded. Whe •mplaint is re ed by the police, they do investigate all the com•4 r- they receive. 5u may not have resulted in substantiation of g„ mplaint o in sufficiento, ence to be able to have taken any affirmat ction. ;;;y• Commissioner Schmi.. asked if sh d M.r. Swartz say that in a year they could reapply fo .: •itional us it. Mr. Swartz said yes, for the same use. Chairpers K pointe / t that there currently is a moratorium. City Attor ' Dav in ind ' d that if the moratorium is there, an a..,. ation wou not b se. .nd it is possible that the moratori ., ,e exten• + one 4 o an additional year. Co '"ioner Sc ;v idt ask" if there were arrests made here and cony s in p. ss. Mr. S z confirmed that there was an arrest made, a ao _ is tt e. Principal Planner Tony Bagato noted z4 itiss . rinvesi. • Commissioner • F. idt asked for confirmation that to approve this denial, it would b jec eview in a year or more, not any less. Mr. Bagato ' explained staff fr./:`s just stating that if anyone wanted to apply for an )ndt happen for least a year jthe penden assage, it could.evocati Mr. Erwin clarified othatatbecause this did not automatically come back. de it is denied. An individual applicant would have to start the pro' in, but they could not do it within a year, or longer if the mora continues. Commissioner Schmidt asked if this business was still in operation with activities other than massage, or if it was closed down. Mr. Erwin confirmed it was closed at this time. Mr. Bagato noted that there is a sports and spine clinic in another suite in the building, but they were not related businesses. Commissioner DeLuna commended the Police Department and Sheriff's Department for a very thorough, comprehensive, and on-going 3 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 17, 2009 investigation. Every latitude was given and they have done an excellent job in lining up the case and following through, so she wanted to compliment our police department for that. She moved to approve the findings and staff's recommendation. Action: It was moved by Commissioner DeLuna, seco ded by Commissioner Limont, approving the findings and recommend, as presented by staff. Motion carried 5-0. It was moved by Commissioner DeL s ed by Commissioner Limont, adopting Planning Commis ' n esolu No. 2515, revoking Case No. CUP 06-13. Motion carrie, . ° Chairperson Tanner thanked s and the Police Depar t for all their hard work. , IX. MISCELLANEOUS None. X. COMM E M , NG U S A. ~ TIN PU- C P LAC Co „o, ner Ca j 0rovided an update. DS' , COMMITTEE N *04� Co sione imont reviewed Landscape Committee discussion items d actions. P & RECREATION 1airperson Tanner noted that they met on the first Tuesday of the month and informed Commission about their current activities. D. PROJECT AREA 4 COMMITTEE Ms. Aylaian reviewed the discussion and action items from the Committee's last meeting. 4 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 17, 2009 XI. COMMENTS 1. Commissioner DeLuna stated that she has an ongoing concern about the number, location and concentration of tattoo establishments in and around Palm Desert. She didn't know, particularly in some locations, if that's the image that Palm Desert would like to have. She asked staff to plea a look into the notion of either limiting them or forming a draft or ce to limit the number and scope of tattoo establishments. ylaian said staff would certainly do that. 2. Commissioner Limont asked if I ge ban" as approved on the northeast end of El Paseo k empty lot. , Aylaian said she would have Code look intt a matter and see here were any permits. sE ,. 3. Chairperson Tanner states" t -' eran's Day event at Freedom Park was very a and well a "\ d. E�P. 4. It was confirmeC , ,; ext meet would be December 15. The December 1 meekwaV led. XII. ADJO.: /f rEN ' -- It w 11 oved b.14. ommission Schmidt, seconded by Commissioner Cam 0)1 d 7/eyet by minute motion. Motion carried 5-0. eet - adjourn . 8 p.m. Oj LAURI AYLAIAN, Secretary ATTEST. �� VAN G. TANNER, r Palm Desert Planning Commission /tm 5