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Home My WebLink About2014-12-02 PC Regular Meeting Agenda Packet CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, NOVEMBER 4, 2014 – 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 ______________________________________________________________________ I. CALL TO ORDER Chair Roger Dash called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Commissioner John Greenwood Commissioner Sonia Campbell Commissioner Nancy DeLuna Vice Chair Ken Stendell Chair Roger Dash Staff Present: Jill Tremblay, City Attorney Lauri Aylaian, Director of Community Development Tony Bagato, Principal Planner Kevin Swartz, Assistant Planner Monica O’Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Sonia Campbell led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Lauri Aylaian, Director of Community Development, reported that at the meeting of October 23, 2014, the City Council approved Parcel Map No. 36741 pertaining to the Shadow Mountain Golf Course underground water well. The Council also approved a deposit agreement for the purchase of a property located at the northeast corner of Shadow Mountain Drive and Larkspur Lane. She stated that the site is designated for a boutique hotel. She mentioned that the developer is working on the architectural drawings, and they hope to bring the proposed project to the Planning Commission within the next couple of PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2014 2 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\11-4-14 min.docx months for consideration. With an aggressive timeline, the developer would like to begin construction in June 2015. V. ORAL COMMUNICATIONS Mayor Van Tanner thanked the Planning Commission for their service, and distributed a thank you card on behalf of the City. Commissioner Nancy DeLuna commented that the Commission works for a wonderful city, and thanked Mayor Tanner and the City for the gift. The Planning Commission thanked Mayor Tanner. VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of October 21, 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. VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. PUBLIC HEARINGS A. REQUEST FOR RECOMMENDATION to the City Council to approve amendments to the Palm Desert Municipal Code Title 25, zoning and land use restrictions pertaining to the regulation of massage establishments based on Assembly Bill 1147. Case No. ZOA 14-351 (City of Palm Desert, Applicant). Mr. Kevin Swartz, Assistant Planner, stated that in May 2013 the City Council amended Chapter 5.87 and Chapter 5.90 to ensure that the City was in compliance with the provisions of SB 731, AB 619, and SB 1238 regarding massage practitioners and businesses. He said that those laws reduced local governments’ authority in licensing, permitting, and zoning and created the California Massage Therapy Council (CAMTC). He stated that SB 371 was widely criticized by local agencies; however, Governor Jerry Brown recently signed a new law (AB 1147). The new law, which will take effect January 1, PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2014 3 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\11-4-14 min.docx 2015, allows local agencies to impose reasonable zoning, business licensing, and health and safety requirements for massage businesses. Mr. Swartz stated that based on AB 1147, staff is proposing amendments to Chapters 5.87 and 5.90. He also stated that the Planning Commission needs to approve the proposed zoning amendments to Sections 25.16, 25.28, 25.34, and 25.99 of the Palm Desert Municipal Code (PDMC). He explained that staff is proposing to group establishments into two categories: 1) Independent stand-alone massage establishments; and 2) Accessory massage establishments. Creating the two categories allows each one to be permitted in certain zones. Mr. Swartz displayed a zoning map to indicate where massage establishments would be permitted. He also displayed Table 25.16-1, the use matrix for commercial and industrial districts. He stated that staff is also proposing a distance requirement for all independent stand-alone massage establishments. The requirement is that no independent stand-alone massage establishment shall operate within 1,000 feet of another stand-alone establishment. He noted that all existing stand-alone massage establishments would be allowed to continue business until such business ceases to operate for more than 30 days. He showed an aerial photo of a portion of Highway 111 with four independent massage establishments with a 1,000-foot buffer around each as an example. He said placing a distance requirement would assist in preserving quality of development along the City’s primary entries. Staff believes the proposed amendments achieves the City’s overall goal and recommends approval. He offered to answer any questions. Commissioner DeLuna asked if the City has control if there are complaints of inappropriate actions at massage establishments. Ms. Aylaian replied absolutely. She noted that the approach and wording taken in the revised ordinance has been coordinated with the Police Department and Code Compliance Department, with what is enforceable and what is not. Commissioner DeLuna commended staff for the thorough staff report. Chair Dash asked what an overlay zone is. Mr. Swartz responded that an overlay zone identifies special uses. Mr. Tony Bagato, Principal Planner, explained that overlay zones are used to add specific standards in a certain geographic area where the City does not want to apply to a different base zone. Chair Dash asked staff to explain the requirement of an existing establishment that ceases to operate for more than 30 days. Mr. Swartz responded that if a business stops operating outside of the 30 days, then it will lose the use of a massage establishment. A new massage business would not be permitted there unless it met the 1,000 foot distance requirement and all other provisions of the municipal code. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2014 4 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\11-4-14 min.docx Mr. Swartz referred to Table 25.16-1, and stated that there is a correction to be made. He said that accessory massage establishments are permitted within an Office Professional zone, and asked that the Planning Commission make the change as part of their motion. Vice Chair Ken Stendell asked if the 1,000-foot buffer is applied to a stand-alone massage establishment, does the City have to apply the same requirement to other professional service type businesses? Ms. Jill Tremblay, City Attorney, responded that the new legislation allows the City more ability and oversight to regulate the zoning and other health and safety issues. The City no longer has to treat massage establishments the same as other professional service businesses. Commissioner Campbell referred to Japan Spa that was approved at the October 21 Planning Commission meeting. She asked if Japan Spa meets the requirements. Mr. Swartz replied that Japan Spa has an existing Conditional Use Permit, and has been in business since 2008. Chair Dash declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. With no testimony offered, Chair Dash declared the public hearing closed. Commissioner DeLuna moved, by Minute Motion, to approve recommending that the City Council approve amendments to Title 25, Zoning of the PDMC Sections 25.16, 25.28, 25.34, and 25.99, with the correction to Table 25.16-1 permitting accessory massage establishments in an Office Professional zone. Motion was seconded by Commissioner Campbell and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). Commissioner DeLuna moved, by Minute Motion, to waive further reading and adopt Resolution No. 2638. Motion was seconded by Commissioner Campbell and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2014 5 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\11-4-14 min.docx B. PARKS & RECREATION Chair Dash provided the Planning Commissioners with a Parks & Recreation staff report regarding the Millennium Village Master Plan: Proposed Land Exchange. He gave a brief update on the 37 acres owned by the City, and a proposal by the developer of a potential land exchange. Ms. Aylaian commented that the City owns 37 acres which is planned for a 10- acre affordable housing project, and a 27-acre regional park (north of Gerald Ford). The developer is proposing a land exchange, which will move the park to the east. C. GENERAL PLAN UPDATE Ms. Aylaian reported that there is a General Plan Update Technical Working Group that meets with the consultant at least once a month. At the last meeting, the consultant provided exhibits and conceptual diagrams/plans of different scenarios for the corridors on Highway 111, San Pablo Avenue, and Magnesia Falls. The group provided feedback, which will be discussed at the second public workshop scheduled on Thursday, December 4. Commissioner DeLuna commented that there was considerable discussion on the San Pablo Avenue corridor, and that it is all very exciting. XII. COMMENTS Commissioner Stendell asked what is going on with the El Paseo Enhancement Plan. Ms. Aylaian responded that the project was dissolved with the dissolution of the Palm Desert Redevelopment Agency. However, the City was able to salvage enough funds to address the signage elements. She said that staff is reviewing the signage as part of the corridor plan. Commissioner Stendell asked for the status of the proposed Rosewood Hotel on Highway 74. Ms. Aylaian replied that the entitlements and property for the Rosewood Hotel have been marketed by the current owner for a couple of years. Staff does not believe that the developer who received entitlements will develop the hotel himself. Commissioner DeLuna inquired if there is anyone else that is interested in the Rosewood Hotel location. Ms. Aylaian said that staff receives an occasional inquiry; however, she would not call any of the inquiries serious. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2014 6 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\11-4-14 min.docx XIII. ADJOURNMENT Upon a motion by Vice Chair Stendell, second by Commissioner DeLuna, and a 5-0 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None), Chair Dash adjourned the meeting at 6:33 p.m. ROGER DASH, CHAIR ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O’REILLY, RECORDING SECRETARY