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HomeMy WebLinkAbout2014-01-21 PC Regular Meeting Agenda Packet CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, DECEMBER 3, 2013 – 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 ______________________________________________________________________ I. CALL TO ORDER Chair Nancy DeLuna called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Commissioner Ken Stendell Commissioner John Greenwood Commissioner Sonia Campbell Vice Chair Roger Dash Chair Nancy DeLuna Staff Present: Jill Tremblay, City Attorney Lauri Aylaian, Director of Community Development Kevin Swartz, Assistant Planner Monica O’Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner John Greenwood led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION None V. ORAL COMMUNICATIONS Mayor Jan Harnik thanked the Planning Commission for their service, and distributed a thank you card on behalf of the City. PREIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 3, 2013 2 G:\Planning\Monica OReilly\Planning Commission\2013\Minutes\12-3-13 min.docx MS. EILEEN DRYDEN, 31-435 Via Las Palmas, 1000 Palms, California, 92276, stated that at the last Planning Commission meeting staff recommended approval of CUP 12-385; however, the Commission denied approval by a 3-2 vote due to parking and other issues. She asked that the Planning Commission to reconsider the denial. She mentioned that there is another letter in favor of the gym, and that a majority of the condo owners approve the gym. She asked for a continuance so that they can work with staff and the condo owners. Ms. Dryden said she believes they all could come to an agreement with staff and the condo owners that would be beneficial and acceptable to everyone. MR. SURESH SHAH, 40-530 Morning Star Road, Rancho Mirage, California, 92270, pleaded to the Planning Commission that the proposed gym is a good and a health-related project with ample parking. He mentioned that he received a letter from a condo owner that only has three to five employees, and will only use two parking spaces for the 6,200 square feet of space he owns. Mr. Shah feels the project should be approved and the Commission should reconsider their decision of denial. VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of November 5, 2013. Rec: By Minute Motion, approve as presented. Upon a motion by Commissioner Stendell, second by Commissioner Greenwood, 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 allow outdoor music at Palm Desert Country Club’s clubhouse patio Friday and Saturday nights from 6:00 p.m. to 9:00 p.m. located at 77-200 California Drive. Case No. CUP 13-97 (Palm Desert Country Club Diner, LLC, 77-200 California Drive, Palm Desert, CA 92211, Applicant). Mr. Kevin Swartz, Assistant Planner, reported that the site is located at the northwest corner of Fred Waring Drive and Warner Trail, south of Hovley Lane East, and west of Washington Street. Palm Desert Country Club (PDCC) clubhouse is zoned Open Space. He said that to the north and east is zoned Residential Single Family, and to the south and west is zoned Residential Single Family and Open Space. During the last year and a half, PDCC has been providing outdoor music Friday and Saturday nights without the City’s approval in order to generate additional revenue. On March 15, 2013, the Planning PREIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 3, 2013 3 G:\Planning\Monica OReilly\Planning Commission\2013\Minutes\12-3-13 min.docx Department issued a Temporary Use Permit (TUP) allowing the applicant to have outdoor music while the applicant goes through the Conditional Use Permit (CUP) process. Mr. Swartz noted that as part of the TUP, the applicant agreed to perform their own sound metering during the proposed hours of operation at four locations chosen by staff, and submitting the average decibel level readings taken at each location. He presented photos of various locations showing where sound readings were performed, and provided a summary of the readings. The sound metering determined that none of the locations were in compliance; however, the applicant has agreed to the conditions to limit the genre of music, and reduce the hours of operation from 6:00 p.m. to 9:00 p.m. The music would occur between Labor Day weekend and Fourth of July weekend annually. The applicant is proposing to rotate three to four bands consisting of one to four band members; music would consist of guitars, drums, keyboard, saxophone, and occasionally acoustical music; and genre would be limited to country, jazz, and oldies. He stated that the applicant has also agreed to hire a licensed sound engineer to mitigate the noise if it becomes necessary. Mr. Swartz presented additional photos to show the location of the band. He noted that the applicant submitted 126 signatures of residents near the clubhouse who support the proposed music. Staff recommended waiving further reading and adopting Resolution No. 2614 to approve CUP 13-97. He offered to answer any questions. Chair DeLuna clarified that the resident’s main concern from locations No. 3 and No. 4 are the hours of operation. However, if the hours were changed from 6:00 p.m. to 9:00 p.m. they are in favor of the music. Mr. Swartz replied that is correct. Chair DeLuna also clarified that the resident at location No. 1 signed the petition in favor of the music. Mr. Swartz replied that is correct. He noted that the resident at location No. 2 also signed the petition in favor of the music. Vice Chair Roger Dash inquired if music is every Friday and Saturday nights. Mr. Swartz replied every Friday and Saturday between Labor Day weekend and Fourth of July weekend. Commissioner Stendell asked who is going to monitor the genre of music. Mr. Swartz responded that he believes the applicant has three to four bands that they will rotate through. He said that the applicant could provide staff with a list of bands. Chair DeLuna declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. PREIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 3, 2013 4 G:\Planning\Monica OReilly\Planning Commission\2013\Minutes\12-3-13 min.docx MR. MOE SIHOTA, co-owner of PDCC golf course, 77-410 New Mexico, Palm Desert, California, 92211, stated that their intent is to provide a sense of community by having entertainment Friday and Saturday nights, to which the community responded very well. He noted that the petition has been updated and the number is up to 144 in favor of the outdoor music, with only two that did not want to sign the petition. Generally, the entertainment has been reasonably well received and well attended. He mentioned that they never had an incident after hours, and they never had to call the police or seek assistance from any authority to deal with any liquor related offense. Mr. Sihota also mentioned that at their own expense they are taking sound measurements, and voluntarily reporting the measurements to City staff on a weekly basis. He stated that if sound measurements are going over 55 decibels, they will ask the band to tone it down. He assured the Planning Commission that they will continue taking the sound measurements. He noted that they post the band performing on their website. It is easy for City staff to check which bands are performing. He mentioned that at some point they would like to revisit the hours of outdoor music. Mr. Sihota explained that originally the music ended at 10:00 p.m. then it was changed to 9:30 p.m. which worked well. When the time was changed to 9:00 p.m. they noticed that there was a diminishment of business, and people started to go to other venues with entertainment that lasts little longer. He stated that their preference is to have the music end at 9:30 p.m. He offered to answer any questions. Commissioner Sonia Campbell asked the applicant if there were complaints when music ended at 10:00 p.m. MR. SIHOTA responded that they received two complaints on a regular basis. He said that they also received some complaints from Texas Avenue, but he is not sure how sound would travel that far. They also received complaints from Florida Avenue, which turned out to be sound coming from another location and not the PDCC clubhouse. Commissioner Campbell commented that the music genres listed in the Conditions of Approval will be softer music. She does not think it will be too vile for those people that have complained. MR. SIHOTA added that the softer music works well for their clientele, as well as for the community. Commissioner Campbell asked if people dance while the music is playing. MR. SIHOTA answered yes. Commission Ken Stendell commented that the sound wall was built rather crudely. He asked if there is a plan for a permanent structure. MR. SIHOTA responded that the sound wall shown in the photos had been for trial purposes, and had no effect on the sound levels. PREIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 3, 2013 5 G:\Planning\Monica OReilly\Planning Commission\2013\Minutes\12-3-13 min.docx Commissioner Greenwood asked the applicant what prevents them from putting the music indoors. MR. SIHOTA replied that the music inside is too loud because the clubhouse is too small, and the ambience is not there. He noted that they have fire pits outside. Commissioner Greenwood asked the applicant if they are prepared to build an element to mitigate sound if there are said amount of complaints within a year per the conditions. MR. SIHOTA replied yes. He said they will take any measures that will assist in remedying the problem. Chair DeLuna stated that the staff report has the hours for music from 6:00 p.m. to 9:00 p.m.; however, the applicant has requested that the hours for music to be extended to 9:30. She asked the attorney and/or staff what is the proper protocol if they were to allow the extended hours. Ms. Jill Tremblay, City Attorney, responded that if the Planning Commission decides to approve the CUP with the original condition (6:00 p.m. to 9:00 p.m.), the City could see how that goes, and then the applicant could come back and try to have the time extended. Also, one of the Commissioners may make a motion to approve the CUP with amending condition No. 7 to change the hours from 6:00 p.m. to 9:30 p.m. Ms. Lauri Aylaian, Director of Community Development, mentioned that there is a feedback loop mechanism built into the CUP for determining whether or not the noise becomes disturbing, and that there is a threshold of how many complaints may be received within a certain period of time. She said that the Planning Commission could add a condition to recommend approval of having music until 9:30 p.m., but if staff receives more than three independent complaints within the first six months of noise between the hours of 9:00 and 9:30 p.m. then the hours will be limited to 9:00 p.m. Conversely, the Planning Commission could approve it as is with a condition that if after six months there have been no complaints received, the hours may be extended to 9:30 p.m. provided that no more than a certain number of complaints are received within the six-month period. Commissioner Campbell asked if the Commission makes those changes when they make a motion. Ms. Aylaian replied that is correct. MR. FRANK TAYLOR, 43-565 Texas Avenue, Palm Desert, California, 92211, stated that his residence is a little over 3,000 feet away from the clubhouse. He said that from his home he can hear the music. He mentioned that he is here as a resident of Palm Desert. Mr. Taylor also mentioned that he retired from law enforcement after 29 years, including two years as the assistant chief of police PREIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 3, 2013 6 G:\Planning\Monica OReilly\Planning Commission\2013\Minutes\12-3-13 min.docx for the City of Palm Desert (2006-2008). He stated that he was part of the development of the noise ordinance that was put into effect. The noise ordinance was developed because there were several venues playing music that disturbed residents. He stated he is not against PDCC; however, they are currently in violation of the City’s noise ordinance. Mr. Taylor is concerned that potentially there will be other establishments that would want to do the same thing. He stated that they’ve had music since fall of 2012 under a Temporary Use Permit (TUP) or sometimes without a permit. He does not think that PDCC has done anything to mitigate the sound. If the ordinance needs to be changed or fixed, it should go through a process. PDCC should not be allowed to violate the ordinance during that process. Chair DeLuna asked staff if there have been complaints that violate the noise ordinance, or any police actions that needed to be taken prior to a TUP or after the TUP. Mr. Swartz responded that he did not believe so. Ms. Aylaian stated that there have been calls to the Code Compliance Department from the individuals that were mentioned in the staff report. One individual withdrew his complaint with the music ending at an earlier hour. Chair DeLuna inquired if the PDCC is in compliance with the City’s noise ordinance. Ms. Aylaian responded that if the CUP is approved, PDCC will be in compliance. The noise ordinance allows exceptions for events permitted by the City, and the proposed CUP allows for the events to occur. MR. SIHOTA commented that Mr. Taylor said he could hear music 3,000 feet away. He stated that hearing music is not an offense or in violation of the ordinance. It is only in violation if the music is heard over and/or above 55 decibels. He also stated that they never had a visit from the police with regards to liquor requirements, crowd control issues, screeching vehicles, or any type of abusive behavior at their site. He said that on two occasions, one of chronic complainers called the police. The officer asked if they were shutting down at 10:00, which they did. He stated that they are proud to comply within the standards, if the CUP is approved. Chair DeLuna asked the applicant if they are willing to work with someone if they were conditioned to be allowed to have music up to 9:30 p.m. for a period of time on a conditional basis. If there are complaints, are they willing to work with staff and amend the hours to reduce them? MR. SIHOTA replied that there is no hesitation on their end. He said it is in their mutual interest to make their business viable, keep their customers happy, and the community happy. PREIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 3, 2013 7 G:\Planning\Monica OReilly\Planning Commission\2013\Minutes\12-3-13 min.docx Commissioner Greenwood asked what percentage of the business in PDCC clubhouse is from the PDCC community versus offsite people coming to the venue. MR. SIHOTA responded that the preponderance of the people are from the immediate vicinity. With no further testimony offered, Chair DeLuna declared the public hearing closed. Commissioner Stendell commented that he lives in south Palm Desert above El Paseo, and on some nights and under certain conditions he could hear the train that is adjacent to the I-10 freeway, so sound does carry. He pointed out that CUPs are extremely focused on one entity and not in a situation if one person gets to do it a second person gets to do it. He stated that he does not see a runaway situation happening with this CUP. He agrees with amending condition No. 7 to allow music until 9:30 unless there are adverse complaints. Commissioner Campbell concurred with Commissioner Stendell. She believes the property owners have been very conscientious of their neighbors, and feels the Planning Commission should give them the opportunity to have music until 9:30 p.m. Commissioner Campbell moved, by Minute Motion, to approve Conditional Use Permit No. 13-97 allowing outdoor music at Palm Desert Country Club’s clubhouse patio Friday and Saturday nights from 6:00 p.m. to 9:30 p.m. Motion was seconded by Vice Chair Dash and carried by a 5-0 vote. Chair DeLuna commented that based on the history working with the applicant on other issues, it has been shown that the applicant is amenable and reasonable to work with. She said she is not sure if the Planning Commission should condition the 9:30 p.m. time for a period of time based on whether or not any complaints are received. If so, how will the complaints be dealt with? Ms. Aylaian interjected and asked for clarification on the amended time issue. She stated that the motion is to approve music until 9:30 p.m. She suggested that the Planning Commission specify, for example, if more than five complaints are received within a six-month period relative to the noise between 9:00 and 9:30 p.m., that the hours would be reverted from 6:00 p.m. to 9:00 p.m. Commissioner Campbell and Vice Chair Dash concurred with Ms. Aylaian, and amended the motion as suggested by Ms. Aylaian. Commissioner Campbell amended the motion to approve Conditional Use Permit No. 13-97 to allow three types of music (country, jazz, and oldies) Friday and Saturday nights from 6:00 p.m. to 9:30 p.m. at Palm Desert Country Club’s clubhouse patio with the condition that by extending the hours to 9:30, if there are five complaints from independent sources received within a six-month period, the time will automatically revert to 9:00 p.m. Motion was seconded by Vice Chair Dash and carried by a 5-0 vote. PREIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 3, 2013 8 G:\Planning\Monica OReilly\Planning Commission\2013\Minutes\12-3-13 min.docx Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2614. Motion was seconded by Commissioner Greenwood and carried by a 5-0 vote. IX. MISCELLANEOUS A. RECOMMENDATION OF DENIAL 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 92260, Applicant). Mr. Swartz reported that the request was heard at the November 5, 2013, Planning Commission meeting. The Planning Commission directed staff to bring back a resolution of denial. He offered to answer any questions. Commissioner Stendell asked if the Planning Commission could continue this item, or is it an up or down vote for approval of denial. Ms. Aylaian responded that it depends on the motion. She said that the Planning Commission could move to approve or not to approve the resolution, or move to continue and direct City staff to further investigate the matter. Ms. Tremblay added that an action must be taken on the resolution. She recommended that the Planning Commission move to adopt the resolution or not adopt the resolution. If the vote is to not adopt the resolution which recommends denial, then there would be another motion to reset Case No. CUP 12-385 for a Public Hearing, and direct staff to re-notice the Public Hearing. Commissioner Stendell commented that if the Planning Commission votes to approve the resolution then what are the applicant’s options. Ms. Tremblay responded that the applicant can choose to appeal to the City Council or seek other options and return with a different location. Chair DeLuna moved to approve a resolution of denial for a Conditional Use Permit to operate a fitness and gym within an existing office professional building located at 44-651 Village Court. Motion was seconded by Commissioner Greenwood and carried by a 4-1 vote with Commissioner Campbell voting NO. Commissioner Stendell asked if the Planning Commission is opening the door for the applicant to resubmit this item. Ms. Aylaian responded that the applicant cannot resubmit the same project or substantially the same project for a period of one year. If there were to be significant changes or if it is proposed in a different location, he is able to submit it without waiting one year. Or, the applicant could wait a year and try the same project in the same location again. She stated that the applicant can appeal the Planning Commission’s decision to the City Council, whose decision will be final. PREIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 3, 2013 9 G:\Planning\Monica OReilly\Planning Commission\2013\Minutes\12-3-13 min.docx Chair DeLuna moved, by Minute Motion, to waive further reading and adopt Resolution No. 2597. Motion was seconded by Commissioner Greenwood and carried by a 4-1 vote with Commissioner Campbell voting NO. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None XI. COMMENTS Chair DeLuna thanked staff for all the work that they do. The Commission is very fortunate to have the best staff around. The Planning Commission concurred with Chair DeLuna’s comments. Ms. Aylaian also commented that staff appreciates the members of the Planning Commission. XII. ADJOURNMENT Upon a motion by Commissioner Stendell, second by Commissioner Greenwood, and a 5-0 vote of the Planning Commission, Chair DeLuna adjourned the meeting at 6:50 p.m. NANCY DE LUNA, CHAIR ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION