HomeMy WebLinkAboutA. 03-16 Draft Minutes .� • "� ` •;. MINUTES
Ar, 11,„
VY'
ift_.„, ,f PALM DESERT PLANNING COMMISSION
h i
•�.,: 4r oly TUESDAY — MARCH 16, 2010
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:y5-
Chair Limont requested a moment of silence in mere , rmer Councilman Walt
Snyder.
I. CALL TO ORDER
Chairperson Limont called the meeting to order,fit 6:00 p.m.
14,
IL ROLL CALL
Members Present: Conno Limont, Chat
Mari Schmidt, Vice Chi, ,,
Smile Camp
Nancy geLunateft4,
Van farmer-,
Me Absent: '4 one
Staff "f-a t: laian; irector of Community Development
; ty Attorney
%//jO////� .
i�////,////� Jill Trem , Assistant City Attorney
/i Tony Bagato, Principal Planner
j evin Swartz, Assistant Planner
Grisa, Assistant Planner
cyan Stendell, Senior Management Analyst
�/42,,
�/ Mark Diercks, Transportation Tonga Monroe, Administrative Secretary
III. PL . , ALLEGIANCE
Commissioner DeLuna led in the pledge of allegiance.
IV. SUMMARY OF COUNCIL ACTION
Ms. Aylaian summarized pertinent March 11, 2010, meeting actions.
V. ORAL COMMUNICATIONS
None.
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PALM DESERT PLANNING COMMISSION MARCH 16, 2010
VI. APPROVAL OF MINUTES
Request for consideration of the February 16, 2010, meeting minutes.
Action:
It was moved by Commissioner Campbell, seconded by Commissioner
Schmidt, approving the February 16, 2010 meeting minutes. The motion
carried 5-0.
VII. CONSENT CALENDAR
None. 0,41
VIII. PUBLIC HEARINGS
.
Anyone who challenges any ring mat 'n court may t* limited to
raising only those issues he, s so a else raised the public
hearing described herein, or in w respondence delivered to the
Planning Commission at or prior to, t blic hearing.
MP/Pitt'A. Case Nos. 4 -16 an EF M 30 Amendment #2 — PALM
DE EDEVEI.�PME AY, Applicant
�. < uest f approval ,of an amendment to Planning
z". ommissio -esolutiort = o. 2089 removing portions of
�artm t �� W ' blic Wqrks Condition Nos. 3 and 9
re , � a 1 � � "�?.
'traffic signal at El P.aseo and
%j %%///,/ji,,,�am , Path requf g a $150,000 fee in lieu of
//t of/�j
Assistant,4iner r .y Grisa reviewed the staff report. She stated that
% one person%- m the nearby Sandpiper development came in requesting
rther infor ion. When the request was explained, he agreed that a
'c sig ; as not needed at that location. No other feedback was
re the public notice. Staff recommended adoption of the
findi d the draft resolution approving Amendment #2 to Resolution
No. 20 .
Commissioner DeLuna noticed that it has not yet been ten years since it
was enacted. She asked if there was any reason they were doing it sooner
or if there was anything that prevented them from releasing the funds
early. Ms. Grisa indicated there was nothing that prevents it; part of the
condition said ten years and at the fourth and final building onsite. There
are already four buildings onsite. The one remaining pad is so small that it
was requested by the Redevelopment Agency for the return of these
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PALM DESERT PLANNING COMMISSION MARCH 16, 2010
funds, and upon review by the Director of Public Works, he determined
that it wasn't necessary to continue holding these funds and they could be
returned at this time.
Chair Limont opened the public hearing and asked if anyone wished to
speak in FAVOR of or in OPPOSITION to the request. There was no
response and Chair Limont closed the public heari g.
Action:
It was moved by Commissioner Tanner nded by Commissioner
Campbell, approving the findings and r tion as presented by
staff. Motion carried 5-0. :.
It was moved by Commissioner`'"`fanner, seconded * Commissioner
Campbell, adopting Planning CprOtclission Resolution No. , approving
MP/PP 01-16 and TPM 30226 Amendment #2 removing ortions of
Department of Public Works Condi No 3 and 9 as they pertain to a
proposed traffic signa ..nd $150,00 Wu of construction fee, subject to
conditions. Motion c. °. I.
,F,
B. Case N9. CUP 0 08 = - CITY OF PALM DESERT,
A ► ►[t
quest for r ocatio an existing Conditional Use Permit
ti-". UP) for Anna's He System, a massage therapy
establishmentwi , g ;rs.ting commercial suite located at
\ , \ 72 6 hway 11' , t 'e B-7.
� Assis Pla Kevin Swartz reviewed the staff report and
recommended ado n of the draft resolution revoking CUP 08-108.
Chair Limo ened the public hearing and asked if anyone wished to
ress the, mmission in FAVOR of or in OPPOSITION to the proposed
atio \\
. TODD HILL, 20 Mission Court in Rancho Mirage, informed
Commission that he is a friend of the owner, Anna. He said that
Anna and his wife have been friends for about ten years. There are
a lot of different ways he has known her. He has known her to be a
religious lady, honest and dependable; all that goes with it. His
reason for being here number one was, going back to the beginning
of her business her credit was not good enough to sign a contract,
which he and his wife said they would do. Personally, he has lived
in the desert since 1967. He has run a business here in the desert
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going on 20-some years. If he felt in any way that this lady was not
an honest, upstanding, legitimate business-running person, no way
would he or his wife have ever taken the extra step to help her out..
He said he was nervous and he never expected to be here, but he
was happy to do it on her behalf because he believed in her.
Mr. Hill said he read the material that was mailed to them. He didn't
disagree with anything as far as the City of Palm Desert and their
standards and what they expect fr ' someone conducting
business in Palm Desert. He totally agree with it. That being said,
he thought Anna understood the, severityof what was being
charged here. She actually w' <et for one day, or two or three
hours, at an establishment o ¢Pshington Street about two or three
years ago. She quit. She ` hat was happenings sere and didn't
like it. She didn't know "e to go S, e has 750 hots of training.
She asked them if th s ould '°art her to open her own
business so that pretty mu ' o � ,• hem up to date. The reason
she wanted to do this was i /.-e she didn't like what she saw
happening and t she cou ve control of her business.
Basically, since `` a openedher . ess she has had four
empl•. s. The firstemp� � fed` :out two weeks and she
di• er and t n't believe"Oat she was doing was what
. wan w, o be repented as; she was gone. She found a girl
,A, at was ve' good, but a wanted to be closer to her family in Los
.y geles ince she n't really want to leave Anna hanging,
of .irl x`Anna was pretty cautious at this point.
/ i/ Sh s had •n disclaimers that they understood the
/� s and the legalities. For this particular one, Anna asked
to • two times and get a massage. The lady didn't know
w -e w. : . d he had never met her either. Two times she did
sae t .
everything c• .°-ctly, good massage, and he told Anna and Anna
/y, said y. This girl basically stayed for two years.
/moo Mrs said once a month the local Sheriff's Department and Mr.
//�j
Rodriguez from the City come in and inspect her premises.
ey go through a checklist and recommend things that need to be
fixed, replaced or done correctly. The only thing she's had a
problem with is her sign-in register and after he talked to Mr.
Rodriguez he got it straight and printed up a master copy here of
what she should do. Her English isn't as good as it should be or
could be, but she tries to do the right thing.
On these monthly visits, it seemed, and he didn't want it taken the
wrong way, but it seemed to him that there was a particular sheriff
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who was a little aggressive. She seemed to be a little intimidating.
He actually got to look at the film of her speaking very loudly and
certainly intimidating. The reason he talked about the third girl was
because after being there for a year and a half or two, she quit
because this sheriff intimidated her. In her eyes she had done
nothing wrong and she didn't feel as though she should be treated
in that manner. Mr. Hill said he talked to MrRodriguez about it and
he knew he was politically correct, aithou. ;Anna says he is a good
man and he thought they built a good �r . ionship. He asked him
what he should do and Mr. Rodrigues he could call Lt. Shouse.
His feeling was that the way this,1 he
to these ladies was
uncalled for. You don't speak t• .n ` ody that way. He has had over
46 employees at one time _•u don't talk people the way he
heard this particular office- ng to her.
Mr. Hill said that once ady q - ause she feltTtimidated,
Anna didn't have any whe _ .. r� '/a went and talked to Claudia
at the office over here and �a indicated that there's a new
code that they have to have a ' 'rnia license, as well as a Palm
Desert license. NowV had on- ,! who has had a permit in
Palm Desert for two or threeears A ailed this lady to come in
and • her because shy`; h- , although truthfully she
w � 1 g g enou money to—em.y two people, so he wasn't
ure a•t that. Thisvas the lady who committed the issue and
1 didn't th 1 there wet ,any dispute. He personally didn't know if
'e did or: 7 't, but if t officer said she did, she did it. His point
/ , • there was some compassion in the City
/if�w„q,, Co t' she i` .;. ` d lady and he knew she wouldn't do this// sort o' g. And he knew the minute that phone call came to him
,,� t it 'T4,nd who it was and he knew it wasn't this lady.
jy One z t thin: e wanted to bring up was something he read here,
and t wasn't something he was really familiar with, but there is
one and it is item number three, Municipal Code Section
,, �%%5 �//tin B or and
managingsays
that,
massa a estab�shment person
know nowning,
to
g, 9 g Y
se, allow, or permit in or about such an establishment any
agent, employee or any other person under his control or
supervision to permit acts in violation of Chapter 5.90, including,
specifically, Section 5.90.140..." What he got out of that was
knowingly. Had she known this girl was up to something, she
wouldn't have existed; she wouldn't have been there. He knew
Anna that well and he thought there was a track record there with a
previous employee. He asked that they take that into consideration.
She is very aware of the severity of this, but he was here to tell
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them that she is an honest person and she doesn't perform that
kind of service for anybody.
Chair Limont thanked him. She asked if anyone else would like to speak
in FAVOR of or in OPPOSITION to the proposed revocation. There was
no one. The public hearing was closed and Chair Limont asked for
Commission comments.
Commissioner DeLuna noted that there w '� two-year summary of
activities list from the Police Department esulted in an arrest for
prostitution. On two other occasions theree :solicitations for sex; on
two different occasions there were dailogs that , not brought up to
speed. So there had been five diffe `,,, violations. aid that it was a
hard decision to make, but she wouil 'move for revocationthe CUP.
Action: �� ,
It was moved by Commissioner Lur seconded by Commissioner
Campbell, approving a findings and rommendation as presented by
staff to revoke CUPMotion care 5-0.
It was moved by Commissioneruna, seconded by Commissioner
Campbell, ado•ting Plans C Resolution No. 2522, revoking
CUP 08 1 o >0 carried -
_,.,,,„,
,:,,, ..„.,
C. Case No. ZOA 10-41 — Y OF PALM DESERT, Applicant
\\ \\ Requestfor approvalMr a recommendation to the City
Councilan amendment to the Hillside Planned Residential
zonerelating to definitions / development of "rock
�\ o pings, and amendments to the HPR Zone Approved
`\ Rid, a Map `
Manag nt Analyst Ryan Stendell reviewed the staff report and
r me that the Planning Commission approve the resolution
recommending approval of the Zoning Ordinance Amendment to the City
Coun
Commissioner DeLuna noted that a map was provided with some
proposed changes, some of which no longer include certain areas from
the ridgeline or outcropping definition. She asked who prepared that map
and if there was a study, engineers hired, or if it was done by City staff.
Mr. Stendell said that he and the GIS Department made the determination.
It was mostly visual. He simply scouted the area and used topography
data that they have available to the City. He could run through a few of his
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tools. He showed the topography map and a hill shade file; he explained
that the GIS Department prepares this and this was created using
topography data and using a monochrome computer generation to
actually create contours and shows us in plan view what is going on in the
hillsides. So utilizing all of the data that is available to staff, it was
prepared by staff. For the record, Commissioner DeLuna requested that
Mr. Stendell identify the term GIS. Mr. Stendell clarified that it stands for
Geographic Information Systems, the map guys.
On these rock outcroppings, with all the dev * -rs they have had on the
hillsides and also individual land ownersCom .'oner Campbell asked
how many of them have really touc d ese outcroppings. Didn't they
kind of stay away from them and .,: them as they'are or restore it to
their own original condition? endell said his personal experience
with the hillside has been an., ber of d-velopers approach things in
different ways, but his experi haves ' -rally been thatthey work
with the contour of the land and a r`� and avoid them. In his most
recent case, not only was it a cost : to them since taking down an
outcropping costs a to .omoney, but -.o adds beauty to their project.
Typically speaking, a developer tries to with the contours and not
disturb as much as poible, butthat h :-en his dealings so far.
Commission- Campbell irked it. � Id y 75% or 80% are not
d touche ' -velopett Mr `Stendel said he was uncomfortable
actual : ' g to_, w out a ber. In his most recent case, they had a
nu •f 80% to 3 ° that we a not being touched.
b4`j
Commi er •ution. When they were talking about the
/// . oppi �x.
d dis an outcropping, before any kind of
� , ce rs, they will come to staff and say they have identified
this a " out ' .ing and can they reestablish it someplace else on the
j property� „ if ._ ey would work around it. Was that the sequence of
They
arage pre-
pplication /vents? M t netings.ende( aid
a property owner cameto them eand usaid they
ve this fiv cres and was thinking about putting a house there, the first
staf "` s most of the time is they want to get a field study, so they
get o site and take a look. They get ai look of their maps and plans
and t staff will approach them and say it is on top of an outcropping or
on a ridge, so ultimately staff is the first line. Commissioner Tanner said if
it is identified as an outcropping and can't be moved, then they will have to
redo. Mr. Stendell said that many times there are applications that come
before staff that Planning Commission would never see because if a
property owner was proposing something like that, they would get an
answer that staff would recommend denial of their project, and at that
point they would either redesign or proceed with staff's recommendation.
Commissioner Tanner asked if this would be consistent with the whole
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ridgeline or five-acre mountainous parcels. They see a small area right
now that Mr. Stendell has identified with some areas that should be
ridgelines. He asked if that would be consistent with the entire area for
potential builders. Mr. Stendell also recalled that they've had a lot of
lengthy discussions regarding where it is difficult to define ridgelines
versus outcroppings, especially as they get low on the hillsides close to
the valley floor. He said that is the area that probably has the biggest
challenge to staff, the lowest area right at the beep. They do have other
areas that are low, but generally speaking, apart that is city-owned
property or were very steep coming down. He showed one of the lowest,
easiest slope areas that staff had been the must concerned about.
Commissioner Campbell asked if . endell was j t dealing with city-
owned hillside property. He didrn' - e anything to say a out the county-
owned land. There was not, e could ay about that he was just
talking about the small area city • . Mr. Stendell id that the
County sometimes allowed the o .a comments on projects, but
the City has no jurisdiction over that ust the land in the city.
Commissioner Schmidt asked what pe . tage on the map that Mr.
Stendell provided in theirspackets is r dgelin ;m-ue in the city. Is it most of
it or just a .• ion? Mr. ndell; id Most o . Commissioner Schmidt
asked si ` _ y matt f difficultt 'define them? The others are
more • ' s? �atendell i " ained that they are brought to staff on a
casecas•T•j•ii ase basi Looking' the hillside map, this was the area that
they peen co ed with th ost. To say that they wouldn't ever find
any m. G- e•, couldn't find any other problem areas
e hil ,
4414
Commissioner idt was very much in favor of adding language about
rock out ing she had a deep concern about them approving staff
guessworkgood • .sswork, but this had not been engineered. She
asked if tha . s correct. Mr. Stendell concurred. Commissioner Schmidt
u ht tha„� rha s this was a standalone issue and shouldn't be tagged
9 \ : p g9
he pping issue. She didn't know quite how to come to that, but
rea i h the City would take this particular problem area, and maybe
that be the recommendation to Council, to approve a survey, a real
bona fide survey of those questionable areas so they don't encounter what
they did with Stone Eagle. Because the very first problem they
encountered was about ridgelines and that was nice, except it didn't
address the real transgression on the property, which was one home or
six. So she wanted to mention it as a concern. She wanted the
outcroppings to appear, but she didn't like setting staff up even though
they've taken great pains to draw the lines, and she would love to have
some authority who has the background and licensing to do it to bless it
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and say this is right, this is wrong. We need to do more work and she
didn't know how best to get to that.
Commissioner Campbell recommended that they actually separate the
two. Commissioner Schmidt asked if that would be two separate
resolutions. Commissioner Campbell concurred, for the ridge and for the
outcroppings. So they could go ahead and see ho much time they would
need. Chairperson Limont asked if it would b ht to simply add the
verbal changes to the hillside ordinance wit a map. Mr. Erwin said
certainly; so far as the outcroppings were, ned, they are entitled to
recommend the changes to the ordina . ` n` ,r ding the outcroppings
and the prohibition on the outcropping" d excl'' from that the map
and dealing with the map separately-itthey wished to` o.
4.7
Commissioner Schmidt asked emending the resolution Id require it
coming back to them again. Mr' Erwin sa no. Commissioner Schmidt
indicated they would be dropping tapeid'the resolution that deals with
the map, which she believed was E . Mr. Erwin said they still have
the public hearing. ell said the, ,ywould be deleting number three
relating to Exhibit B areference in I title to the ridgeline map.
Commission Schmidt ugh re 'al heading in the same
.5y.
direction didn't m to and have it come back to
haunt t That it*, her objective. She asked Mr. Erwin to explain
how ""z could do s. Mr. • said that basically they would eliminate
that of thelolution d g with the map. In other words, not
recomm 'ing deleting t inside Planned Residential Zone as it
s to t •
Commissioner Sh idt said she would so move. Chair Limont asked if
that wasp; moto Mr. Erwin indicated that they needed to open the
public hea
air Limo t ened the public hearing and asked if anyone wished to
in � R of or in OPPOSITION to the public hearing. There was
no e\and Chair Limont closed the public hearing.
Mr. Erwin explained that the resolution would be amended by deleting off
of the title and amendments to the approved HPR zone ridgeline map. The
case number would stay the same. And deleting number three at the
bottom of the page, and deleting the map that is attached. Commissioner
Campbell asked if they would then have another resolution for the
outcroppings. Was that correct? Mr. Erwin said this would be the
resolution for the outcroppings. Commissioner Schmidt reiterated that
what they were doing was separating them. Mr. Erwin said that's what
9
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PALM DESERT PLANNING COMMISSION MARCH 16, 2010
they would be approving, the resolution which defines outcroppings and
indicates that destruction of the outcropping is prohibited. What he stated
deletes from that resolution any reference to the ridgeline map. Chair
Limont asked if there was a motion.
Action:
It was moved by Commissioner Schmidt, seconded by Commissioner
Tanner, approving the findings. The motion car 4-1 (Commissioner
Campbell voted no). 4 7,
Mr. Erwin stated that the other item that therrrisAoned was the potential
survey. He asked if they would want t•p orivey to th0ouncil a suggestion
with regard to the ridgeline map. I Y. ' wished to do at, it would be a
matter of merely the Chairman • l m flCommission, if tha€ as the wish of
the Commission, conveyin• :t inform.tion to thek, 0, ty Council.
Chairperson Limont asked if the .hould • I .t as a Miscettitieous item
or as part of this. Mr. Erwin t ;., ti asically that has been the
discussion so far. He., suggested j4 =•tion and second and a vote
requesting the Chairper o1 to convey f ' formation to the Council.
It was moved by Corn ssior`t�Ta ner, §Nonded by Commissioner
Schmidt, bjute motiokauth*tr m ai -rson Limont to convey to
the City equest fo: a siey b �,,
) ensed professional engineer
to ide dgeli 'n the HP `zoned area.
rek
Comez �
ioner S« idt stated tft t she did not want to discount the work
that M � -.-n• � � Ky aveione on this and encouraged them to
that l ;actin • Erwin said that could be included in the
/0/. ce it erson Lemont called for the vote. The motion carried 5-
(**See ad al dis . ssion on pages 18-19, items 1 and 3**)
e// C o. ZOA 10-69 — CITY OF PALM DESERT, Applicant
quest for a recommendation to the City Council to
approve a Zoning Ordinance Amendment adding Chapter
25.130, Location of Miscellaneous Uses, to the Palm Desert
Municipal Code.
Assistant Planner Kevin Swartz reviewed the staff report. He noted a
change on Page 4 of the resolution under E, Miscellaneous Uses, where it
listed thrift stores. The words "thrift stores" should be replaced with
"independent massage establishments." Staff recommended that the
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Planning Commission recommend to the City Council approval of the
Zoning Ordinance Amendment adding Chapter 25.130 Location of
Miscellaneous Uses to the Palm Desert Municipal Code. Mr. Swartz
informed the Commission that staff also advertised this item to all the
businesses mentioned in this ordinance. They also handed out copies to
individuals at the counter, but only received one response in writing. That
response was before the Commission from Bert Bruning of Palm Desert
Tobacco. Mr. Bruning was recommending that t Commission add on
Page 4 under G under smoke shops the wording to the sentence half way
down the page that states, "A retail tobacco establishment is an
establishment that generates less than .5 �of its gross revenue from the
sale of tobacco paraphernalia and g� ; r es morn 80% of its gross
revenue from the sale of tobacco • . ts." Mr. Bruning wanted to add at
the end "excluding cigarettes." artz asked for any questions.
Commissioner Schmidt aske•' -. they 6 kr Id exclude ci ettes. Mr.
Swartz said that in speaking wit 9, , phone, he sells higher end
tobacco and he was worried about a of lower-end tobacco cigarette
stores. Commissionerpbell as .; if he meant one like the
establishment in the Pa s dies cen` � r. Swartz said yes, he was
worried about an influx tore as tha
a a +
Commissioner una did take to add "excluding
cigarett Did th just a in to anything they approved? Mr. Erwin
said th are perm d to ads delete anything that they wish when they
finally ` ake a deo n with regardto this resolution. They were absolutely
free to add t if they
son ont opened the public hearing and asked if anyone
wished ddrY e Commission in FAVOR of or in OPPOSITION to the
propose ing e . ance Amendment.
MR. DY HAYNES, 73338 Highway 111, Suite 5, asked if the
exists tattoo shops on Highway 111 would be considered
\v gr thered in, but if they were to move a year from now down
ad, would they still be permitted to stay on Highway 111 or
mould they have to locate off of Highway 111.
Mr. Erwin said if he moved the location, it would have to be off of Highway
111.
Mr. Haynes asked if that was off of Highway 111 permanently.
Mr. Erwin said yes.
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PALM DESERT PLANNING COMMISSION MARCH 16, 2010
Mr. Haynes didn't agree with the change. He couldn't speak to the
other Miscellaneous Uses, but if he had a 99-year lease at his
present location versus a two-year lease, he didn't see what the
difference would be if he was to move two doors down or stay at
the same spot. With the economy fluctuating, if business gets
slower and he needs to downsize, he would still like to stay on
Highway 111. Or if business got better, he would like to move to a
bigger building. He recommended that ; already on Highway
111 should be able to choose if the Id like to leave where
they're at and still stay there, but . t a different address. He
wanted them to put in a compromisea; ' n to the ordinance.
MR. TROY LAWRENCE, 7g „ 40 Highway ,.A* said he wasn't
there to dispute anything was there to c , end them for
hearing them out initial. d letting them speak iece when
this came out. The City able to listen to what theyad to say
and make recommendation isten to their advice. He did agree
with it and th .- was only -*: iing to add and it didn't have
anything to d• business ,here was another business they
s to mon and it was right next to him
might want to c�; i• :` .y�
and it had to do a th a• , s anCi41,ff like that. He knew that
wasn't there, b , e w o b that was something that
mig so i up, trig is ght want to try to spearhead
40. �e the rt ha 3 . ome of those start popping up down the
CIeet. Once,they ha `� is ordinance, and he wasn't sure there
s anything o control but once they see they are set in stone
where th eat, eo ight get an idea to start working their
way do Highway 'I' and then they would be right back here
��\\V� ith th issue. He commended them again for letting them take
V�`
\` of business and that's why they live and work in this city.
Commissi Tann asked what type of business he was referring to
ext to his e blishment.
\
�y Mr ` rence said it is called Skitzo Kitty; it's adult things.
Mr. B o indicated that there is an existing city ordinance that deals with
adult entertainment. When that business was initially approved, it was
supposed to be mainly a lingerie store. If they have expanded that beyond
the realm of what they would define as lingerie, they could look into it.
Adult book stores are currently not allowed on Highway 111.
Mr. Lawrence said it seemed to be fairly decent; however, he just
wanted to bring it up to make sure it didn't get out of control.
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PALM DESERT PLANNING COMMISSION MARCH 16, 2010
Commissioner Tanner asked for confirmation that it is addressed in an
existing ordinance. Mr. Bagato said that was correct. Locations are
supposed to be in industrial areas like Cook Street or off of Dinah Shore.
Staff would look into it.
Commissioner Campbell asked Mr. Lawrence if he was happy to be
grandfathered in.
Mr. Lawrence replied extremely happyH
Commissioner Campbell asked if he oi'eJ1 the building or if he was
renting or leasing.
Mr. Lawrence said he wa ;°ing right now. ,
Commissioner Campbell aske• his lax:• knew he ccjfdn't move
t,
anywhere else because it woul• ', e ._ ed on Highway 111 and his
rent went up, what he would do then
Mr. Lawrence saki it contro •y a management company
and he knew thete we platio nd laws that they aren't
allow,-• o do that. has ° W g eman, Mr. Otto Lupia, for
15 ` e• he didrttt, e wtid ke advantage.
22-0
Co loner Ca. bell sal at was just him. What about the other
tatto ,ners? T /-° °may have t possibility where they are caught like
that an• ' 't - el
/ /%j r L.§ ce couldn't speak for the others, but concurred.
j/ ,
M VINGSTON, 73338 Highway 111, Suite 5, said he is
r of sanity Tattoo. He wanted to address what Mr.
Hayn`; said earlier as far this being grandfathered in. If his lease is
up w✓ two years, he would like the option to move two doors
do j r a street down on Highway 111. Another issue was they
excluding permanent cosmetics. Permanent cosmetics were
different from what he does. It's the same thing. They break the
surface of the skin just as much as he does. They use the same
needles; the machines might be different. By excluding them, the
tattoo industry, they needed to involve permanent cosmetics also
with them. He wanted to bring that to everybody's attention; it had
not been mentioned. To move them and not letting him be able to
open a business within five years down the road if his lease is up,
that should apply to them too. He said about 38% to 40% is tourist
13
MINUTES
PALM DESERT PLANNING COMMISSION MARCH 16, 2010
business from out of town. They come from Lake Elsinore, Moreno
Valley, and Orange County.
There was no one else wishing to speak and Chairperson Limont closed
the public hearing.
Commissioner Tanner knew they talked about tattoos and permanent
makeup; he asked if there was any distinction between them. It clearly
was similar. Mr. Bagato stated that according tie State and Riverside
County Health and Safety there is no difference, They talked about from a
Health Department view there is no difference. B staff was asked to look
at the impact in terms of a resort com 3. ry in the Commercial core and a
concentration of them in one are °r` " ey didn't treat'them with beauty
salons because they weren't to + at them from a health and safety
standpoint, but from land use* , are com•atible in a rem, community
for visual character along the c•r ercial . . when the concern was first
brought up. That's why they se.se.',-q"e04,7F; two. But by the Health and
Safety Code, they are ompletely tt
Commissioner Cam. ommen. 3 n was that they leave
everything as is. She • 't the � , emo ,. he tattoo parlors and the
tobacco shops on High 111 .z, g g to make Highway 111
look any bet#eird eeded ete r a • and to leave them as it is,
and when iey h` 2 other : ' cations, go ahead and have a conditional
use it that Id com` front of the Planning Commission to
appro*or not ap ve them. 'mmissioner Tanner asked if that was a
motion. dbmmissittAiir Campog =id yes.
It wale ed commissioner Campbell, seconded by Commissioner
Tanner, I eep current ordinance and have the applications come
before the ning Commission with a conditional use permit.
mmissio eDeLuna asked if there was anything they had talked about
t oul t their vicinity to schools, parks, or churches. Commissioner
Ca \,'\e plained that would come with the conditional use permit when
it co � efore them. Commissioner DeLuna thought they decided at the
last meeting that requiring a CUP for this type of business was not the
best solution. They already decided that. Commissioner Campbell
explained that it hadn't been voted on yet. Commissioner DeLuna
indicated that it was in the staff report. And they asked staff to analyze
other land use compatibility requirements. Commissioner Campbell said
that was true.
14
MINUTES
PALM DESERT PLANNING COMMISSION MARCH 16, 2010
Commissioner Schmidt asked for clarification. Commissioner Campbell
said her motion was to leave everything as it is and have any application
come before the Planning Commission for consideration where they could
approve a conditional use permit or deny it.
Commissioner DeLuna asked if she was asking them to deny what staff
was recommending. Commissioner Campbell co curred. Commissioner
Schmidt reiterated that she was requesting the o nothing. In relation
to how they would vote, Commissioner DeLunaasked if that meant they
vote no for staff's recommendation. Mr. Epointed out that they were
talking about conditional use permit d a were no existing
conditional use permit requirements for th se bust es.
Commissioner Campbell said th` could go ahe nd require a
conditional use permit for these ervices MI. Erwin sai" at was the
desire of the Commission, staff ould needneeorto bring bac
c ude them an
additional recommendation to In tie as conditional use permit
requirements in other ,•nes.
Chairperson Limont r. , arificatie at Commissioner Campbell
was recommending tha a ey• — ff's recommendation to change the
current ordinance and • =t a back with a conditional use
permit req+uir m nt. Com • Cam• oncurred.
Comm. ioner DeLuna ask-% if that was the motion that has been
W"seco . Commissioner Tan aid that would be his second.
����CommissionerDeLuna requested that they clarify one more time what
e votingon. Mr. Erwin understood the motion to be made to deny
the st com ndation; to instruct staff to bring it back to the Planning
Commis with theadditional requirement of conditional use permits for
these businesses it other locations. Commissioner Campbell said that
' was correct.
iss Schmidt clarified that a yes vote would be in favor of denial.
Mr. ncurred that a yes vote would be in favor of denying the staff
recom dation and instructing that they come back with something
additional to this ordinance that would impose conditional use permit
requirements on these businesses in other locations other than Highway
111 and El Paseo. Commissioner DeLuna reiterated that a no vote
supports the staff recommendation. Mr. Erwin confirmed that a no vote
would support the City staff recommendation. Commissioner Schmidt said
they would have to take a separate action again on the resolution if
Commissioner Campbell's motion fails. Chairperson Limont concurred.
15
MINUTES
PALM DESERT PLANNING COMMISSION MARCH 16, 2010
Commissioner Tanner asked if there was still room for discussion.
Chairperson Limont said yes. Commissioner Tanner said his concern has
been aired twice here and that it is for local establishments on Highway
111 currently. The long-term leases or ownership property secures that
presence on Highway 111. His concern was for a short-term lease or an
owner just deciding at the conclusion of that lease that they no longer
want to have this particular establishment in their building. They could say
no, they are not going to extend the lease. T denied an already
established performing business in the city of P Desert the opportunity
to continue that endeavor on Highway 111; tha s where they want to be.
At the same time, he wanted it understood whe n ddqpting the requirement
for a new CUP that they suggest t $ . there is no'sore room for these
particular types of establishme d that they n t eliminate the
opportunity for established bus' .es to continue, ei in a smaller
place or a larger place on Hi. 111. Be .use the way understood
it, once they are out of that on icular they are no loner going to
be able to lease, even if they co , t'xh4, °anning Commission because
a conditional use permttwill say no stablishments of this type.
�Mr. Erwin clarified than + 'onal u . -rmit wouldn't say that, this
ordinance says that regardless of N nditi• ,, se permit. If they wished
to put in the,;•.,•inance that: hey cold moe, =n they would have to talk
in terms f ,;•cation, location and determine if they then are
requir- co with other distance restrictions from other
ope s; can t expandeir business, etc.; a number of things.
Com loner T. - ' r said he h a difficult time taking the ability of one
to mak- ", , e him$ f a building owner or what have you.
//, �sion- .mpbell stated that her motion still stood to come to the
�....
z�// Planningj ��om �;�on with a conditional use permit and Commissioner
„,/ Tanner h eco the motion.
4 / ,
CommissionerDeLuna asked if in the worst case scenario what they were
ing abo ccurs, they are not precluded from doing business in
er I n in the city, they are just precluded from being on Highway
111; Industrial zones or such other designated zones could still
acco " date the business, just not the location. Mr. Erwin said that was
correct.
Mr. Erwin asked for clarification that the conditional use permit as he
understood it would not apply on Highway 111 or El Paseo, but would
apply in other zones within the city off of El Paseo. He had the feeling that
perhaps they were talking about a relocation of one existing on Highway
111 and El Paseo requiring a conditional use permit. He asked if that was
what he was hearing. Commissioner Campbell said that was correct. Mr.
16
MINUTES
PALM DESERT PLANNING COMMISSION MARCH 16, 2010
Erwin said that if an existing business on Highway 111 wants to relocate
to Highway 111, they go through a conditional use permit process. Both
Commissioners Campbell and Tanner concurred. Mr. Erwin said that
anyone who wished to locate on Cook Street or a place like that also
required a conditional use permit. Commissioners Campbell and Tanner
both concurred.
Commissioner Schmidt noted that her fear in re q .: ing a conditional use
permit is that it runs with the land. It doesn't terminate when the end of a
lease terminates. Mr. Erwin said that was correct. Commissioner Schmidt
said that if the ownership changes, it's st" allowl. Mr. Erwin said that
was correct, unless they restrict that irk th r granting of the conditional use
permit. They do have the ability to;, at, if they � fy that it is for a
particular operator so that they ma it so that it does t run with the
land. Without some restriction grit, it would run with the land and be
available for that location. ��
r
Commissioner DeLun said that in s ase, it could conceivably allow
someone to stay in , tion with same use and allow someone
relocating to start the :� ; less in an `ter location, so in effect they
would have two busine s? in said rk it would not expand into
two businesses, it would k be �..i r� mess.
ChairpersonLim.. noted i Id be comparable to how we treat stand
alone,fmassage par s. The ' is to the owner, to the person operating
the b+t��ess Mr� lawin said '_ t was correct. Commissioner DeLuna
asked if it oul tt+ n Vie . th*w.
`iwner of property, not the lessee. Mr.
said it y, he didn Chairperson Limont said they could
it tef.Ve person leasing and it could go with their business
licens . Erwinsaid that was correct.
Chairperson, imont noted there was a motion on the floor and called for
,� he vote. motion failed 2-3 (Chairperson Limont, Commissioner
Luna an mmissioner Schmidt voted no).
Mr ' dvised Chairperson Limont to see if there was any other
motioy Commission wished to make.
It was moved by Commissioner DeLuna, seconded by Commissioner
Schmidt, approving the findings and recommendation as presented by
staff. Motion carried 3-2 (Commissioners Campbell and Tanner voted no).
It was moved by Commissioner DeLuna, seconded by Commissioner
Schmidt, adopting Planning Commission Resolution No. 2524,
recommending to the City Council approval of ZOA 10-69 adding Chapter
17
MINUTES
PALM DESERT PLANNING COMMISSION MARCH 16, 2010
25.130, Location of Miscellaneous Uses, to the Palm Desert Municipal
Code, as amended by changing the words "thrift stores" to "independent
massage establishments" in E of Section 25.130.020 Definitions and
adding the words "excluding cigarettes" to G of Section 25.130.020.
Motion carried 3-2 (Commissioners Campbell and Tanner voted no).
IX. MISCELLANEOUS
None.
X. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
Commissioner Campbell rePorted that the next m would be
March 17. `
B. LANDSCAPE MMITTEE
Chairperson Li' 4 . eportedifia the next meeting would be
March 17.
ti
C. P RECRE
fig.
mmissiort ' Tanner ted that they had a presentation by the
AttornO regardin % e Brown Act and reviewed upcoming
6iiks 4 :disct a ite
. OJ AREA 4 COMMITTEE
\\
C issiorret,Schmidt said they met last Monday and primarily it
was' ating and the City Attorney spoke about the Brown Act and
I then for everyone to adhere to it. The next meeting would be in
amo
XI. COM TS
1. Commissioner DeLuna said she apparently missed something
when they were discussing the definition of rock outcroppings and
that part of the motion that got bifurcated. She had something that
she wanted to include in the definition and missed the opportunity
because she didn't realize what the process that was occurring
would exclude any further discussion on the section of the rock
outcropping. She didn't know the proper forum to address that. Mr.
18
MINUTES
PALM DESERT PLANNING COMMISSION MARCH 16, 2010
Erwin said unfortunately, the public hearing on that issue was
closed here and an action had been taken. If there was something
that she wished to add, he suggested that she convey it in written
form to the City Council, which is where the Planning Commission
resolution would go so that she got that input into the process
there. Commissioner DeLuna asked if she should do that as a
private citizen. Mr. Erwin said yes.
Commissioner Tanner asked if Mr. Erwilanted that put on the
agenda as a Miscellaneous item. the in said no, that will go
when this particular resolution goes the City Council. It would be
joined with that and the Coun i see that at,the same time they
get the Planning Commis .
x . esolution reccMnendation, so it
goes together. Commissi.= " p eLuna asked if it S uld be in' letter
form to the City Council 3 Erwin tho ght that would better. Mr.
Erwin said she should ,-sure eL s. Aylaian or Ms. Monroe
has it to go with the staff re•
tom. ,.
2. Ms. Aylaian •h reminder ab• a Housing Tour on Thursday.
The flyer said 1 �0 a abut she :_� ; been advised to be there at
9:45 a.m. and the'' us wdti ve a 00 a.m. She asked them
to be e a little y 5p ve y ' reminder about the Joint
and P1ar m ing.:Com meeting on Wednesday at
p.m. M,•, at this s;nt they planned to have the next Planning
� mmissio eeting • April 6, but staff didn't have any items
eduled a. second rreting in April.
/"'//j, Co " •ner De W Av d if there would be a packet provided in
��0j va Hof the Joint City Council and Planning Commission
�� ing. p �� Aylaian said yes, the staff report was being completed
a oaff p 1$ -d to deliver them on Friday afternoon.
1 3. Before djourning, Mr. Erwin indicated that staff advised that the
� /
Plan ; Commission had not yet moved for approval of Resolution
/// 25 hich is the one dealing with outcroppings. He said they did
//////// a motion, second and vote. Mr. Erwin explained that they
roved the findings, but they didn't make the second motion.
It was moved by Commissioner Schmidt, seconded by
Commissioner Tanner, adopting Planning Commission Resolution
No. 2523, recommending to City Council approval of ZOA 10-41,
amending the Hillside Planned Residential (HPR) zone relating to
definitions I development of "rock outcroppings." The motion carried
3-2 (Commissioners Campbell and DeLuna voted no).
19
MINUTES
PALM DESERT PLANNING COMMISSION MARCH 16, 2010
XII. ADJOURNMENT
It was moved by Commissioner Schmidt, seconded by Commissioner
Campbell, adjourning the meeting by minute motion. Motion carried 5-0.
The meeting was adjourned at 7:13 p.m.
LAURI AYL ecretary
ATTEST:
M. CONNOR LIMONT, Chair
Palm Desert Planning Commission lv
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20