Loading...
HomeMy WebLinkAbout2019-03-19 PC Regular Meeting Agenda Packet CITY OF PALM DESERT REGULAR PALM DESERT PLANNING COMMISSION MEETING AGENDA TUESDAY, MARCH 19, 2019 — 6:00 P.M. CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. SUMMARY OF CITY COUNCIL ACTION V. ORAL COMMUNICATIONS Any person wishing to discuss any item not scheduled for public hearing may address the Planning Commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. Because the Brown Act does not allow the Planning Commission to take action on items not on the Agenda, Commissioners will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for report and recommendation at a future Planning Commission meeting. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the Office of the Department of Community Development and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m.-5:00 p.m., 73-510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346- 0611, Extension 484. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE PLANNING COMMISSION OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII CONSENT ITEMS HELD OVER, OF THE AGENDA. AGENDA REGULAR PLANNING COMMISSION MEETING MARCH 19, 2019 A. MINUTES of the Regular Planning Commission meeting of March 5, 2019. Rec: Continue to the next regular meeting. Action: VI I. CONSENT ITEMS HELD OVER Vlll. NEW BUSINESS None IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. A. REQUEST FOR CONSIDERATION of a Conditional Use Permit to allow Auto Desert to expand its car dealership outdoors and display up to 10 automobiles within its shared parking lot for sale purposes located at 74-990 Joni Drive, Unit Al ', and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. CUP 17-111 (Auto Desert, Palm Desert, California, Applicant). Rec.- Waive further reading and adopt Planning Commission Resolution No. 2750. Action: X1. MISCELLANEOUS None X11. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION 2 AGENDA REGULAR PLANNING COMMISSION MEETING MARCH 19, 2019 XIII. COMMENTS XIV. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 15t" day of March 2019. Monica O'Reilly, Recordin cretary 3 —�—� CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT PLANNING COMMISSION MEMORANDUM To: Chair and Members of the Planning Commission From: Eric Ceja, Principal Planner Date: March 19, 2019 Subject: CUP 17-111 Auto Desert The Planning Commission continued Case No. CUP 17-111 for Auto Desert at their meetings of February 5, February 19, and March 5, 2019. The Planning Commission requested staff to look into the distance between buildings where the applicant requested additional auto storage and provide a map detailing those distances. City staff and the Fire Department reviewed the area behind the building and recommend that the Planning Commission approve the Conditional Use Permit (CUP), subject to staff's original condition to display up to 10 vehicles outdoors in designated parking stalls. Although there is 50 feet between the two buildings, staff is concerned that semi-permanent storage in this area could restrict fire access and impede on safety in the area. Staff is also concerned with setting a precedent of having an excess of outdoor display in areas that were not designed for that intent. Although not available at the time of this memorandum, staff will present a map of the area behind the building at the Planning Commission meeting. Attachments: 1) Planning Commission Staff Report and Resolution February 5, 2019 2) Planning Commission Meeting Minutes February 5, 2019 PLANNING COMMISSION STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: February 5, 2019 PREPARED BY: Kevin Swartz, Associate Planner REQUEST: Consideration of a Conditional Use Permit to allow Auto Desert to expand its car dealership outdoors and display up to 10 automobiles within its shared parking lot for sale purposes located at 74-990 Joni Drive, Unit Al, and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Recommendation Waive further reading and adopt Planning Commission Resolution No. 2750, approving the applicant's request to expand its car dealership outdoors and display up to 10 vehicles within designated parking spaces within a shared parking lot for sale purposes, and adopt the Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Executive Summary Approval of staff's recommendation will allow the applicant to display up to 10 automobiles outdoors within designated parking spaces (see attached map) within a shared parking lot. The applicant has operated an indoor auto dealership at this location since 2008 and acquired the entire building in 2017. The applicant would like the ability to display additional vehicles outdoors; however, staff recommends only 10 parking spaces are appropriate due to the site layout and existing businesses. Background Analysis A. Property Description: The property is located on the northwest corner of Joni Drive and Cook Street. The 1.26- acre parcel consists of three industrial buildings totaling 20,800 square feet, with 43 parking spaces that were constructed in the early 1980s under the County of Riverside jurisdiction. The applicant's building is Building One (7,540 square feet), which fronts Joni Drive. In 2008, the applicant occupied two suites within Building One, and in 2017, he leased the entire building. The site has two access points off Joni Drive. Currently, Building Two has two tenants: Frank's Auto Care and Victor's Welding, and one vacancy. Building Three has two tenants: Air Conditioning and Heating, and One Stop Auto Body Shop. February 5, 2019 — Planning Commission Staff Report Case No. CUP 17-111 —Auto Desert Page 2 of 4 Mr=Z AV « - - • f:,' V ,wr r ,r S � I h B. Zoning and General Plan Designation: Zone: SI, Service Industrial General Plan: E, Employment C. Adjacent Zoning and Land Use: North: SI, Service Industrial/Warehouse and Office Uses South: SI, Service Industrial/Industrial Uses and Office Uses East: SI, Service Industrial/Warehouse and Office Uses West: SI, Service Industrial/Vacant Property Project Description The business specializes in classic cars and currently sells automobiles via the internet and by appointment only. The applicant will use this location for displaying up to 10 classic cars outdoors within the shared parking lot. The business operates seven days a week from 7:30 a.m. to 6:00 p.m. by appointment only and there will be two employees working on-site. Analysis On January 28, 2016, the City Council approved Zoning Ordinance Amendment (ZOA) 15- 350 allowing new and used outdoor automotive sales within the Service Industrial (SI) and Freeway Commercial Overlay Zoning Districts (FCOZ), subject to a Conditional Use Permit G.\PlanningWewn Swartz=ord\CU10 VCUP 17-111 Auto Desert\PC Staff Report Auto docx February 5, 2019 — Planning Commission Staff Report Case No. CUP 17-111 —Auto Desert Page 3 of 4 (CUP). Prior to the City Council approving ZOA 15-350, the City allowed indoor automotive sales, within the SI zone. Over the years, many of the businesses took advantage, especially within the Cook Street industrial area, and expanded outdoors occupying another business's parking spaces and public parking along the streets. In February 2017, the Code Compliance Division mailed letters to all car dealerships stating that they need to obtain a CUP for display and sales of vehicles outdoors; otherwise, they would be subject to fines. On June 13, 2017, the applicant submitted for a CUP to display outdoor vehicles. The application was placed on hold because at the time the applicant was seeking a new location and was housing most of his inventory (automobiles) off-site at a storage facility. In 2018, the City received anonymous complaints that the applicant was storing vehicles outdoors, blocking fire access, and parking vehicles on the street. City staff has been working with the applicant, neighboring businesses, and the Fire Department on where the vehicles may be stored, subject to the Planning Commission approving the CUP to ensure there is adequate parking and land use compatibility with surrounding properties. A. Land Use Compatibility: The existing businesses within the other two buildings consist of a welding shop, auto repair shop, and light industrial/warehouse businesses. The business will operate seven days a week by appointment only during regular working hours, which is consistent with other businesses in the area. The applicant would like to display up to 20 vehicles; however, staff has determined that 10 vehicles are appropriate based on the existing tenants and site layout. Although the existing tenants do not generate a high volume of traffic (customers), staff does not want vehicles displayed in non-designated parking areas since the vehicles create clutter, prevent customer parking, and block fire access, which the applicant is currently doing. The applicant has been operating an auto dealership at this location since 2008. Over the years, the applicant has received complaints in regard to parking vehicles outdoors within non-designated areas and blocking fire lanes. Staff has spoken with the applicant and the applicant understands that if he violates the CUP, the City will issue fines and ultimately may revoke the CUP. Staff recommending approval since the CUP will allow the Planning Commission to establish conditions for how many vehicles will be allowed to be displayed on-site, specify no street parking, and compliance with advertising devices such as no balloons, roof-mounted adverting, flags, pennants, propellers, oscillating, and rotating devices, which will ensure compatibility with the other tenants and surrounding businesses. Staff is recommending up to 10 vehicles and that they must be parked in designated parking spaces. G\Planning\Kevin Swartz\Word\CUP's\CUP 17-111 Auto Desert\PC Staff Report Auto dm February 5, 2019 — Planning Commission Staff Report Case No. CUP 17-111 —Auto Desert Page 4 of 4 B. Parking: The property has a shared parking lot with 43 parking spaces. Each of the buildings have six to eight parking spaces directly on either side of them. Staff is recommending allowing the applicant to display up to 10 vehicles (seven west of the building and three fronting Cook Street), which would leave four spaces for guest and employee parking. The other businesses will still have access to all parking spaces surrounding their buildings. Since the applicant's business operates by appointment only, and has two employees, staff believes that there is adequate parking available, and the use will not create a public nuisance concerning on-site parking. Environmental Review This project has been reviewed in accordance with the California Environmental Quality Act (CEQA). Staff has found this project to be categorically exempt, under Class 11: Accessory Structures of the CEQA. Because of the categorical exemption, no further environmental review is necessary. Findings of Approval Findings can be made in support of the project, and in accordance with the City's Municipal Code. Findings in support of this project are contained in the Planning Commission Resolution attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER N/A N/A N/A Ryan Stendell Robert W. Hargreaves Director of Community Janet Moore Lauri Aylaian City Attorney Development Director of Finance City Manager APPLICANT: Auto Desert 74990 Joni Drive, Suite A Palm Desert, CA 92211 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2750 2. Exhibit "A" Site Plan Showing Approved Parking Locations 2. Legal Notice 3. Notice of Exemption 4. Letters in Opposition G 1PlanningtKevm SwartzlWord1CUP's\CUP 17-111 Auto Desert\PC Staff Report Auto dOCK PLANNING COMMISSION RESOLUTION NO. 2750 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, CONSIDERING A CONDITIONAL USE PERMIT TO ALLOW AUTO DESERT TO EXPAND ITS CAR DEALERSHIP OUTDOORS AND DISPLAY UP TO 10 AUTOMOBILES WITHIN ITS SHARED PARKING LOT FOR SALE PURPOSES LOCATED AT 74-990 JONI DRIVE, UNIT Al, AND APPROVAL OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO: CUP 17-111 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 51h day of February 2019, hold a duly noticed public hearing to consider the request by Auto Desert, for approval of the above-noted project request; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, the Director of Community Development has determined that the proposed project request is categorically,exempt under,&.Article 19 Section 15311 Accessory Structures Projects (Class 11) of thePEQA' therefore, .O f;turther environmental review is necessary; and '` �� W �/j WHEREAS, the parcel is located �hin the"SerV' ..InKstrial zoning district, which allows outdoor automotive sales subject toT-conditional use permitted; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and, reasons, which are outlined in the staff report reasons to approve said request: df�r FINDINGS FOR APPROVAL , stir; 1 . That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. The site is located within the Service Industrial (SI) zoning district. The purpose of the SI zoning district is to allow for the manufacture, distribution, outdoor automobile sales, and ser,;tice of products intended for use within the City and uses that are consistent with'the residential, resort, and recreational character of the community. The existing buildings were constructed under the County of Riverside's jurisdiction, and are operating with other automotive repair and service uses. The proposal to operate a car dealership and display up to 10 cars for outdoor sales within the private parking lot requires a Conditional Use Permit (CUP) for land use compatibility and parking demand. it can be determined that the approval of this CUP is consistent with the existing surrounding land uses and with the on-site parking demand. The building also conforms to all development standards contained in the PLANNING COMMISSION RESOLUTION NO. 2750 Zoning Ordinance. The proposed type of business conducted at this site will be compatible with the surrounding businesses. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. The proposed conditional use is adjacent to properties with similar land uses. The site, which was improved with buildings and a parking lot, was originally constructed under the County of Riverside's jurisdiction, and has operated with automotive type uses for several years. The proposed project to operate a car dealership and display up to 10 automobiles outdoors within a shared parking lot for sale purposes complies with the zoning code, and all building, life safety„'and environmental standards. No new building and site improvements are necessary since the site complies with the Americans with Disabilities Act (ADA). Therefore, the conditional use will not be detrimental to public health, safety, or welfare. 1 That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The proposed conditional use complies with all �plicable development standards for building setbacks and height restrictions, an&0prational standards contained in the zoning code. Based on the;parking study, staFbelieves that there is adequate parking available, and the use will not crew " ubl� The proposed use does not require t �,pproval of any vanf } ,tment. No 4. That the proposed conditf*I use complies with the goals, objectives, and policies of the City's general plan.,` The General Plan Land Use designation for the site is "Employment District." The intent is to provide a wide variety of office-intensive activity that could include some manufactunng_rnd light industrial businesses. The proposed business will be geared towards chentd4in the area and outside of the Coachella Valley. A primary objective stated in the Land Use & Community Care of the General Plan under Industrial Goals is to provide for the development of business parks and non-polluting industrial uses, and which assures compatible integration with other, non-industrial land uses. The non- industrial use of outdoor automobile sales is a non-polluting use and offers the City to expand its business portfolio to residents and tourist. The proposed use will be using the same bAt-in1provements, rather than constructing new ones that would be used a small percentage of the time. This project maintains a land use that is consistent with the General Plan. The project is consistent with the General Plan with respect to the appropriate use of the proposed location. The business is compatible with surrounding land uses. PLANNING COMMISSION RESOLUTION NO. 2750 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby approve the project as proposed, subject to the conditions of approval. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 51h day of February 2019, by the following vote, to wit.- AYES: r NOES: ABSENT: ABSTAIN: ,+ f, RETO Y, CHAIR ATTEST: •,�' RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION PLANNING COMMISSION RESOLUTION NO. 2750 CONDITIONS OF APPROVAL CASE NO: CUP 17-111 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to the approved project and all Palm Desert Municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 3. Prior to issuance of a building permit for construction of, any use or structure contemplated by this approval, the applicant s. II'first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Building and Safety Department , Public Works Department Fire Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewit 4. The applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with. counsel chosen by the city at applicant's expense. , 5. Any proposed Chang tails Conditioned fJse Permit will require an amendment, which will result in a nay ubli hearing. 6. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals. 7. The business shall not display more than 10 automobiles outdoors for sale within the parking lot per Exhibit "A". 8. The automobiles Jor sale shall only be parked on-site within the parking lot and not within the public streets. 9. Each car shall be limited to one sale/price sign displayed inside the vehicle on the dashboard. 10. No advertising devices shall be permitted such as balloons, roof-mounted adverting/devices, flags, pennants, propellers, oscillating, and any rotating devices. Exhibit "A" Designated Parking Locations per Resolution No. 2750 Uj 11J 0 0 U 7 6 5 10 4 9 3 8 2 1 JONI DRIVE CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 17-111 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION FOR CONSIDERATION OF APPROVAL FOR A CONDITIONAL USE PERMIT AUTO DESERT TO DISPLAY VEHICLES INDOORS AND OUTDOORS FOR SALE PURPOSES WITHIN A SHARED PARKING LOT The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), completed an Initial Study to review the potential environmental impacts of the project and have determined that the proposed request will not have a negative impact on the environment. Project Location: 74990 Joni Drive, Unit Al Project Description: The applicant is requesting to display up to ten vehicles outdoors within designated parking spaces for sale purposes. Recommendation: Staff is recommending approval, as outlined in the staff report supporting the project request. Public Hearing: The public hearing will be held before the Planning Commission on February 5, 2019, at 6:00 p.m. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period on this project is from January 25, 2019, to February 5, 2019. Public Review: The project plans are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the Planning Commission hearing. All comments and any questions should be directed to: Kevin Swartz, Associate Planner 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 kswartz@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary January 25, 2019 Palm Desert Planning Commission NOTICE OF EXEMPTION l TO: Office of Planning and Research FROM: City of Palm Desert P. O. Box 3044, Room 212 Sacramento, CA 95812-3044 I ❑ Clerk of the Board of Supervisors or ❑ County Clerk County of: �. Project Title: CUP 17-111 2. Project Applicant: I Auto Desert 3. Project Location — Identify street address ( The property is located on the northwest corner and cross streets or attach a map of Joni Drive and Cook Street. The 1.26-acre showing project site (preferably a USGS parcel consists of three industrial buildings 15' or 7 112' topographical map identified totaling 20,800 square feet, with 43 parking by quadrangle name): spaces that were constructed in the early 1980s under the County of Riverside jurisdiction. 4. (a) Project Location — City: 312 Canyon Drive (b) Project Location—County: Riverside County 5. Description of nature, purpose, and 4—The business specializes in classic cars and beneficiaries of Project: currently sells automobiles via the internet and by appointment only. The applicant will use this location for displaying up to 10 classic cars outdoors within the shared parking lot. The business operates seven days a week from 7:30 a.m. to 6:00 p.m. by appointment only and there will be two employees working on-site. 6. Name of Public Agency approving City of Palm Desert project: 7. Name of Person or Agency undertaking City of Palm Desert the project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: 8. Exempt status: (check one) (a) ❑ Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (b) ❑ Not a project. Notice of Exemption FORM`B" (c) ❑ Emergency Project. Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) ® Categorical Exemption. The City of Palm Desert (City), in its capacity as State type and class i the Lead Agency for this project under the number: CEQA, has determined that the proposed project request is categorically exempt under Class 32: In-fill Development Projects, of the CEQA. Because of the categorical exemption, no further j environmental review is necessary. (e) ❑ Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) ❑ Statutory Exemption. State Code section number: ---- --------- (g) ❑ Other. Explanation: 9. Reason why project was exempt: The project only involves parking vehicles within an existing parking lot. 10. Lead Agency Contact Person: Kevin Swartz, Associate Planner Telephone: (760) 346-0611 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form "A") before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project? Yes No 13. Was a public hearing held by the lead agency to consider the exemption? Yes No If yes, the date of the public hearing was: February 5, 2019 Signature: Date: Title: Signed by Lead Agency Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. Notice of Exemption FORM "B" December 11, 2018 To: Planning Board Commission, I am writing to say that I oppose the granting of the Conditional Use Permit (CUP) to Auto Desert located at 74990 Joni Drive Unit Al Palm Desert, CA 92260. Auto Desert has had a very large footprint for the last three to five years. They take up the majority of the parking spaces on the half block starting at the intersection of Cook and Joni. Many of their used cars sit for days without moving and generally sit parked through the whole weekend. This is despite the fact that there is a "No Parking" sign that prohibits parking from 2am to 6am. For some reason the police do not come to enforce this. This leaves little parking for the workers. Some of the cars parked here have no license plates and/or "For Sale" signs. Also, Desert Auto has many cars parked behind their building, and generally have the fire lane blocked. Additionally, because the cars are perpetually parked there, the street sweeper is unable to come by so that the gutters fill with trash and plant debris. This is completely out of place with the generally well-manicured look that Palm Desert cultivates. If a CUP is granted to Auto Desert, public parking on Joni will continue to be limited, and Auto Desert will have tacit agreement to use this public street as their private used car lot. I am writing this this anonymously because I fear reprisal. I have spoken to Kevin Swartz numerous times so my identity is known to him. str a,i a {� i,ys t �nr t. < <t NNAV �' 12/29/2018 Main View 1/1/2019 Main view J. t ti 12/29/2018 Alternative View . ., .. ,a,C�s ,�kl✓:,r i �.��°�f" a � f � ���n+ � C 7d+ 9 �" ��� ¢�; J� Y`b d ^At a � �" �rry �' t k 4 �"" � p i � � 1 {�S" ,✓ �X x 4 '�t �e rrb� r; £ ,�. 1 Fs d �rifR ���. `i �.�14�^ �Ea� `� f }.fit ,�S� �. , ',& ,F. + < "�d �*" ti& t f f� „q,�fa} `A yr, ' �:�,. G � �.� �, � � Major Industrial Condo Owner's Association 74-991 Joni Dr. Palm Desert, Ca 92260 City of Palm Desert Att Kevin Swartz, associate planner 73-510 Fred Waring Drive Palm Desert, Ca 92260 January 29 2019 Kevin, We received the notice that you are considering giving a variance to the used car dealership directly across the street from us on Joni. It's my understanding that you are considering giving them "ownership" of the 10 spaces directly in front of their building on Joni Dr. I cannot envision a worse occurrence for our association. For years we have battled with this company, and their sister used car dealership over all of the parking spaces in front of the units. They take up every one on their side of the street and ours as well. The other tenants, their employees and their customers have to use ours, as they completely cover every single space on the north side of the street, including the few between them and the building to their west, the grass next to the street signs and even at times spaces on our common area. When asked to move they have used such excuses as they are renting our common area spaces from owners — untrue. When challenged they ask if they can rent them, and leave the cars for several hours. Our owners, tenants and guests are constantly battling for the spaces in front of our building on the south side of the street, so in all due fairness, if they are allowed to take ownership of the spaces in front of their building, we should be given ownership of the ones on our side of the street. Verbal agreements with them have no meaning. In closing, in our opinion this is a terrible president to set and will only lead to more and more confrontations with this dealership that has no respect for any other business' right to do business. Thank you in advance fo our nsideration Janeen C. Bahr Treasurer, MICOA 760 832-0617 City of Palm Desert Cm m<x*y Development JAN 8 0 Z019 JANUARY.29.2019 KEVIN SWARTZ, ASSOCIATE PLANNER CITY OF PALM DESERT 73510 FRED WARING DRIVE PALM DESERT.CA.92260 PLANNING COMMISSION: THIS LETTER IS IN RESPONSE TO THE CONSIDERATION OF THE CITY OF PALM DESERT FOR THE CONDITIONAL USE PERMIT FOR THE FOLLOWING LOCATION: 74990 JONI DRIVE BUILDING 1, PALM DESERT.CA. I AM STRONGLY OPPOSED TO RESALE AUTO SALESIDESERT AUTO SALES REQUEST FOR 10 PARKING SPOTS IN THEIR DESIGNATED PARKING LOT. THEY CURRENTLY PARK 8-9 CARS ON THE WEST SIDE OF THEIR BUILDING, AT LEAST 9 CARS ON THE EAST SIDE AND 15 PLUS CARS ON THE NORTH SIDE BETWEEN BUILDING 1 AND 2. IS THIS A FIRE CODE VIOLATION? WHERE WOULD TEN MORE VEHICLES OUTDOORS BE LOCATED ? !! IN ADDITION THEY PARK SO MANY CARS ON BOTH SIDES OF JONI DRIVE THAT THE 20 BUSINESSES AND EMPLOYEES AT 74991 JONI DRIVE ARE COMPLAINING OF A LACK OF PARKING SPACES. MANY OF THEIR VEHICLES HAVE EXPIRED LICENSE TAGS. PLEASE RECONSIDER THEIR CONDITIONAL PERMIT AS I HAVE FOUGHT LONG AND HARD WITH THEM OVER THEIR EXCESSIVE PARKING ON JONI... UL - 5 CRtRYANVHLUGH HOARD 74991 JONI DRIVE PALM DESERT.CA.92260 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019 D. REQUEST FOR CONSIDERATION of a Conditional Use Permit to allow Auto Desert to expand its car dealership outdoors and display up to 10 automobiles within its shared parking lot for sale purposes located at 74-990 Joni Drive, Unit Al, and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. CUP 17-111 (Auto Desert, Palm Desert, California, Applicant). Mr. Swartz reviewed the staff report. He mentioned that the Planning Commission received a copy of the applicant's proposal prior to the meeting. He displayed an aerial view of the site and pointed to areas that City staff and the Fire Department have concerns with the fire lane access. Staff mailed a public hearing notice and staff received letters in opposition to the CUP. He noted that the Commission received a copy of the letters. He also spoke to numerous individuals who were confused. They thought the City was recommending 10 spaces within the street, which is not staff's recommendation. He explained that a CUP would allow staff the necessary authority to have the applicant conform to the conditions of approval. If the applicant fails to comply with the conditions, the City could issue administrative fines, a notice to appear in court, or revoke the CUP. He mentioned that the Fire Department is in the process of installing signs indicating the fire lanes and no allowed parking. Commissioner DeLuna commented that the Commission received 111 pages of code compliance violations since 2015. There is a pattern that shows the applicant does not obey the rules. She asked if there is any reason to believe the applicant is going to follow the CUP conditions of approval. Mr. Swartz believed the applicant would obey the conditions of approval. With a CUP, the City could immediately issue a fine or revoke the CUP. Commissioner Joseph Pradetto asked if the fire lane is 20 feet from the centerline between the building or 20 feet from the edge of the buildings. Mr. Swartz replied it is 20 feet between the buildings. Commissioner Pradetto commented that with the cars parked behind the building there is 20 feet; however, it would not allow anybody associated in the second building to park along their building. Mr. Swartz replied that is correct. Commissioner Pradetto pointed out that the applicant is dictating the 20 feet based on how they park their cars. Mr. Swartz replied that is correct. Commissioner Pradetto inquired if the applicant is leasing Building 1 entirely. Mr. Swartz replied that is correct. 5 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019 Commissioner Pradetto asked if there is any harm parking a single row of cars behind Building 1 . He asked if adjacent business owners are complaining about the lack of internal parking. Mr. Swartz responded that a couple of business owners complained about the internal parking and prefer the applicant move to a different location. Commissioner Pradetto inquired if the business owners prefer the applicant move to a different location due to personal or competitive issues. Mr. Swartz answered that the issue with parking have been occurring over time and the business owners in the area are fed up. Chair Gregory asked what the distance between Building 1 and Building 2 is. Mr. Swartz did not know the exact distance between both buildings. He believed the distance is a little over 30 feet. Chair Gregory asked if the Fire Department should be able to park between buildings. Mr. Swartz replied yes. Chair Gregory inquired if parking the cars for sale behind the building disrupts operations for other businesses in the area. Mr. Swartz communicated that there is welding business in Building 2 and they temporarily park vehicles by their building. He indicated that the applicant's vehicles are parked and stored overnight, which is the concern. Commissioner Pradetto asked if there would be signage stating no 24-hour parking, or one- or two-hour parking minimum. Mr. Swartz was not sure on the exact wording for the signage. He said signage could be "Fire Lane — No Parking Anytime." Chair Gregory commented that he would like to signage stipulated so there is no question about it. He stated that the goal is to make everything very clear. Mr. Swartz said that City staff would work with the Fire Department to make sure signage is clear. Chair Gregory declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. MARTIN DASZKAL, Palm Desert, California, noted he is present to assist the applicant to communicate with the Planning Commission. He expressed that not allowing the applicant to park vehicles behind the building would cause hardship. He stated that part of the problem there is not a definitive detail for parking in a congested area. It would help the applicant if he were able to park one row of cars behind the building. He 6 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019 mentioned the distance between both buildings is closer to 40 or 50 feet. Mr. Daszkal suggested limiting parking on Joni Drive to two-hour parking. Commissioner DeLuna reiterated that there are 111 pages of code compliance violations in three years and more if you look beyond the three years. If the Commission were to approve any number of parking spaces, she asked the applicant how the Commission would be assured he is going to adhere to the rules. MR. DASZKAL said he could not comment. He restated that he is a friend trying to help the applicant. He made clear that going from 28 parking spaces to 10 would be a financial hardship for the applicant. He hoped there is a happy medium that would satisfy the Planning Commission, the Fire Department, and the current business. Commissioner Pradetto asked how long the applicant has been operating his business. MR. SHLOMO TURJEMAN, Applicant, Palm Desert, California, responded he has been operating his automobile business for five or six years. Commissioner Pradetto asked the applicant what days are his busiest. MR. TURJEMAN replied the weekends are the busiest. He mentioned he is losing business because there is no parking for customers. He said limiting parking on the street would help. Commissioner Pradetto asked Mr. Turjeman how many cars he parks in front of the business. MR. TURJEMAN replied that he used to park a couple of cars, but does not park cars in front anymore. Commissioner Pradetto asked how many appointments Mr. Turkeman handles. MR. TURJEMAN responded he has five to seven appointments a day. Commissioner Pradetto asked how many walk-ins Mr. Turkeman handles. MR. TURJEMAN he has more appointments than walk-ins. Commissioner Pradetto asked how many cars are parked inside the building. MR. TURJEMAN replied approximately 35 cars. With 35 cars parked inside, Commissioner Pradetto asked the applicant if he needs 28 cars parked outside. MR. TURJEMAN replied yes. He informed the Commission that he is trying to find the right space to relocate his business. 7 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019 If the Commission approves the CUP, Commissioner Pradetto explained that the CUP goes with the land. Therefore, the Commission really needs to look out for the future and all the businesses in the area. Chair Gregory asked how the City determined the number of spaces for the applicant's business. Mr. Swartz replied that staff determined the number of parking spaces based on the building size to accommodate customers and employees. Chair Gregory asked how many cars are parked within the parking lot along Cook Street. Mr. Swartz responded that staff is recommending allowing the applicant to have three parking spaces fronting Cook Street. Chair Gregory expressed that the business is busting out of its seams. He said if the City agrees to only allowing 10 cars to be displayed, then it would be harmful to the applicant's business. On the other hand, the applicant has to help clear up the street parking because it does not help his business or other businesses in the area. Therefore, it is important to find a balance. Commissioner Pradetto commented that he does not feel it is fair to give all the street parking to one building. He said all businesses might benefit if they are able to parallel park along each building in a single row, and the Fire Department would have plenty of space down the center. In addition to the Fire Department's requirement of 20 feet between buildings, Mr. Swartz noted that building exits could not be blocked. From his experience, Chair Gregory understood the Fire Department's requirement is 24 feet. He hoped that the City is not creating a problem. Mr. Swartz stated that staff spoke to the Fire Department and they reiterated that they only need 20 feet. Commissioner Pradetto asked how many tenants are able to occupy Building 1. He asked if it depends on the number of tenants because the building could be divided into different units. Mr. Swartz responded that the building is currently divided into four units. Commissioner Pradetto asked how the 10 parking spaces are divided if the applicant decides to move to a more suitable space and the CUP goes with the building. Principal Planner Eric Ceja believed that the CUP for the 10 parking spaces is specifically for outdoor storage for vehicles for sale. It is correct that the CUP runs with the land. However, if a new tenant leases the building and not selling vehicles more than the 10 spaces that are reserved for outdoor display would not apply, and would be reopened for general parking. 8 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019 MR. KEN FRANK (adjacent business owner), Palm Desert, California, said he works in the building across from all the parked cars. He noted there are 20 units in the building and not 19 units. He stated that many people working in the building would like to park in the street, and objects to the applicant parking cars for sale on the street. He said other employees and himself have to park two blocks away to find a parking space. Staff assured him that granting a CUP would allow the City to issue a ticket, have the cars moved, or towed. Additionally, he said with the for sale cars parked in the street, the street sweeper cannot clean the street and noted there is signage. Commissioner Pradetto asked Mr. Frank if he is referring to the internal parking along Cook Street or external parking on Joni Drive. MR. FRANK replied he was concerned with cars parked on Joni Drive. MR. DASZKAL expressed parking is a major issue throughout the area. He stated that there has to be a fair number of parking spaces to accommodate the applicant and adjacent business owners. He suggested implementing two-hour parking or a definitive where everyone has to park. With no further testimony offered, Chair Gregory declared the public hearing closed. Commissioner Pradetto commented that the 28 external parking spaces and the 35 internal spaces are too many. He felt that the applicant has outgrown the space; however, he is glad the business is successful. He mentioned the applicant acknowledged he has outgrown the space and is looking for a new location. He also mentioned that there seem to be disagreements between the different tenants. He said there might be an opportunity to have a discussion with the homeowners' association (HOA) and find out if there is enough space along the centerline to allow for fire access and each building to have six or seven parking spaces along the external side of the building. He preferred not to vote on this matter and continue the item so that the Commission could see new exhibits of different parking configurations. He would like to see if there could be seven parking spaces in a single row, plus six parking spaces along the western boundary for a total of 13 spaces. Even though the recommendation is 10 parking spaces, more parking spaces would be available along Cook Street. He would also like to see an exhibit with the fire lane(s) and verify the amount of space needed by the Fire Department. He commented that he does not want to base his decision on the applicant's business model if he decides to relocate. If the matter is continued, Commissioner DeLuna asked if there is any way to have temporary restrictions so there is some self-abatement during the time of continuance. Commissioner Greenwood added that he is not opposed to continuing this matter. He felt verifying the fire lane is important. He asked if the Planning Commission has an option to approve staff's recommendation and later amend the CUP. Commissioner Pradetto asked if they are able to temporarily approve the recommendation under CEQA and does staff need to re-notice the public hearing. 9 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019 Mr. Stendell responded that a CUP could be amended. Therefore, the Commission has the option to temporarily approve staff's recommendation and amend the CUP at a future meeting or continue the item to a future meeting. Commissioner Pradetto commented that 45 cars are too much. Unfortunately, he felt space would not support that many cars in the future. He would like to see new exhibits in two weeks. He hoped the applicant would be able to bring back a letter of recommendation from the HOA that would benefit all of the business owners in the area. Commissioner DeLuna liked the idea of approving 10 to 16 parking spaces tonight then revisit the request. In the meantime, she would like to see some type of mitigation measures so business owners could see that the City is being fair to all parties. Commissioner Pradetto asked how much more of an effort to amend a CUP in two weeks. Mr. Stendell responded that it is easier to leave the case open and continue the item than approving the case and making an amendment. Mr. Swartz interjected if the Commission chose to approve the item, then amend the CUP, it would require a new public hearing, a re-notice, and redoing CEQA. Commissioner Pradetto asked if the applicant is billed for the additional administrative time. Mr. Swartz replied yes, which is taken out of a trust deposit. Chair Gregory commented he is concerned with the fire lane and the City needs to have a definitive or an indication of the measurements before they vote. Therefore, he would like to see a plan presented and continue this item to the next meeting. If the Commission allows the applicant to park a row of cars behind the building, he would like to know how the applicant is going to handle parking in front of the building. If the applicant does not handle parking in front of the building very well, he said the Commission would have to be very stringent and approve staff's initial recommendation. He communicated to the applicant that there is a problem and this is an opportunity for him to help the City help him and the neighbors. Commissioner Greenwood moved to, by Minute Motion, continue this item to February 19, 2019. The motion was seconded by Commissioner Pradetto and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: Holt). XI. MISCELLANEOUS None 10