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HomeMy WebLinkAbout0217 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY - FEBRUARY 17, 1998 � 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairperson Campbell called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Jonathan led in the pledge of allegiance. III. ROLL CALL Members Present: Sonia Campbell, Chairperson George Fernandez Sabby Jonathan � Members Absent: Paul Beaty IV. APPROVAL OF MINUTES Request for consideration of the January 20, 1998 meeting minutes. Action: It was moved by Commissioner Jonathan, seconded by Commissioner Femandez, to approve the January 20, 1998 minutes as submitted. Motion carried 3-0. V. SUMMARY OF COUNCIL ACTION Mr. Smith reported that there were no Planning Commission items at the City Councii meetings of January 22, 1998 and February 12, 1998. VI. ORAL COMMUNICATIONS None. `'�' 1 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 17, 1998 �.. VII. CONSENT CALENDAR A. Case No. PMW 97-33 8 97-34-LAWRENCE FOURNIER,Applicant Request for approval to merge lots 139 through 142 of Shadow Hills Estates into a single parcel. B. Case No. PMW 97-31 -SHEFFIELD -WHITEHAWK LLC, Applicant Request for Lot Line Adjustment of the iine between Lot 24 and Lot "E" of Tract 27770, M.B. 265, Pages 25-30. Action: It was moved by Commissioner Jonathan, seconded by Commissioner Fernandez, to approve the Consent Calendar by minute motion. Motion carried 3-0. ... VIII. PUBLIC HEARINGS Chairperson Campbell noted that anyone who challenges any hearing matter in court may be limited to raising only those issues he or she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. A. Case No. CUP 97-15 - THE H.N. AND FRANCES C. BERGER FOUNDATION, Applicant (continued from January 20, 1998) Request for approval of a Negative Declaration of Environmental Impact and Conditional Use Permit to construct a 24,543 square foot corporate office building on 4.15 acres at the northeast corner of Cook Street and Sheryl Avenue. Chairperson Campbell noted that the staff report was presented at the January 20, 1998 meeting, and the public hearing was left open. �.. 2 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 17, 1998 �... Mr. Smith directed the Commission's attention to the colored rendering provided by the applicant, and reported that the proposal involves a finro-story office building with semi-subterranean parking. The Architectural Review Commission reviewed the plans and suggested that the setbacks be increased to reduce the massiveness of the building. The applicant submitted revised plans with increased setbacks from the comer of Cook and Sheryl; however, the Architectural Review Commission felt that the size of the building would still have a substantial impact and conditioned its conceptual approval on lowering the existing pad by four feet. The existing grading upon which the pad is to be located is 12 feet higher than the street corner. Today staff was presented with Plan 10B, and the project architect expressed difficulty in achieving the four-foot reduction. Staff's recommendation of approval was based upon the accomplishment of the four-foot reduction, and Condition 15 of the draft resolution references that requirement. Staff stands by its recommendation of approval, including the conditions set forth in the proposed resolution. � Commissioner Jonathan commented that he will abstain from participating because he owns land adjacent to the property. Chairperson Campbell indicated that the public hearing is still open, and invited the applicant to address the Commission. MR. RONAL AUEN, President of the Berger Foundation, suggested that the Commission approve the plans as submitted, and noted that the project is in compliance with applicable codes. His company has tried to work with the Architectural Review Commission by implementing the request to increase the setback, but after submitting revised plans, the Architectural Review Commission made an additional request to lower the height. Since the building is already three feet below the height limit, the owner prefers not to decrease the height further. w.. 3 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 17, 1998 ... Chairperson Campbell asked staff if the building height conforms to code requirements, to which Mr. Smith responded that height is measured form the existing average pad height. The existing pad height is 72 feet, and if the maximum 30 feet of building height is added, the total allowable height of the project would be 102 feet. The project as proposed is at 99 feet, so from that perspective, code requirements are met. Chairperson Campbell asked if the applicant is agreeable to the recommended height reduction. Mr. Auen pointed out that the proposed project will already be lower than the buildings located to the rear of the project, and indicated that the owner has already attempted to work with the Architectural Review Commission by increasing the setbacks and would prefer to have the plans approved as submitted. Chairperson Campbell asked if there are any problems with parking. �• Mr. Auen stated that there are no parking problems. Commissioner Jonathan left the dais and approached the speakers' podium, at which point Assistant City Attorney Hargreaves conferred with Commissioner Jonathan off the record. Following a brief conference with Commissioner Jonathan, Assistant City Attorney Hargreaves noted that one member of the Commission has a conflict, and there are only two Commissioners left to vote on the matter this evening. Assistant City Attorney Hargreaves recommended that the public hearing be continued to Tuesday, March 3, 1998. Chairperson Campbell requested the applicanYs input on the Assistant City Attorney's recommendation. Mr. Auen indicated his preference that the Commission take action tonight. *.. 4 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 17, 1998 �.. Action: It was moved by Commissioner Fernandez, seconded by Chairperson Campbell, to continue the public hearing to Tuesday, March 3, 1998. Motion carried 2-0-1, with Commissioner Jonathan abstaining. B. Case No. CUP 97-16 and C/Z 97-13 - McFADDEN/McINTOSH ARCHITECTS (FOR WALGREENS DRUG STORE), Applicant (continued from January 20, 1998) Request for approval of a Negative Declaration of Environmental Impact, Conditional Use Permit and Change of Zone to permit construction of a 15,120 square foot Walgreens Drug Store at the southeast corner of Monterey Avenue and San Gorgonio. Chairperson Campbell noted that the applicant has requested a continuance to Tuesday, March 3, 1998, and added that the public hearing is still open at � this time. PHILIP WITTE of 244-873B San Antonio Circle reiterated his opposition to the project, and noted that his reasons are indicated in the letter he previously submitted to the Commission at the last meeting. Action: It was moved by Commissioner Fernandez, seconded by Commissioner Jonathan, to continue the case to Tuesday, March 3, 1998, pursuant to the applicanYs request. Motion carried 3-0. C. Case No. ZOA 97-7 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to Chapter 25 of the Municipal Code adding the Planned Office Professional Park District � 5 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 17, 1998 .�.. Mr. Smith reported that additional information has surfaced since the Zoning Ordinance Review Committee last reviewed the proposed amendment, and staff would request that the Commission table this matter so that staff may conduct further study and report back at a later date. Chairperson Campbell invited interested parties in FAVOR or OPPOSITION to address the Commission, to which there was no response. Chairperson Campbell closed the public hearing. Action: It was moved by Commissioner Jonathan, seconded by Commissioner Fernandez, to table the matter. Motion carried 3-0. D. Case No. ZOA 98-1 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to the Zoning Ordinance to �... prohibit tattoo parlors in all zones except the SI (Service Industrial) zone. Mr. Smith reported that this matter was legally noticed as a request to amend the zoning ordinance to prohibit tattoo parlors in all zones with the exception of the Service Industrial (SI) zone. The Zoning Ordinance Review Committee (ZORC) reviewed the matter and expressed opposition to an outright prohibition. ZORC suggested that any concerns regarding a proliferation of tattoo establishments could be addressed by requiring a minimum 500-foot separation between tattoo establishments. ZORC also indicated that if signage is an issue, it can be controUed through the Architectural Review Commission. The signs for the finro existing establishments are not objectionable. Mr. Smith indicated that if the Commission favors additional regulations, staff would recommend that they be established through a 500-foot minimum separation requirement, and if the Commission wishes to take this approach, it should direct staff to re-notice the public hearing to that effect. `r 6 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 17, 1998 +.. Mr. Smith noted that new State regulations became effective on January 1, 1998, and those have been included in the agenda packets. Chairperson Campbell opened the public hearing and invited interested parties to address the Commission in FAVOR or OPPOSITION. TROY LAWRENCE, owner of Mad Hatter II at 73-460 Highway 111, requested that the Commission not change the zoning requirements. He heard on the evening news the term "wrong people" used in connection with clients of tattoo establishments, and he would like to point out that tattoo establishments don't sell anything which could kill people, i.e., cigarettes or alcohol. Several well respected local business owners have tattoos, and tattoos are considered artwork. He is opposed to any rezoning because it would have a negative impact on his business as well as several other businesses, including establishments offering permanent makeup, which is also considered as a tattoo. The Commission has copies of his letter and photographs of the interior and exterior of his business. �.. Chairperson Campbell asked about the difference befinreen tattoos and body art. Mr. Lawrence noted that there is no difference between tattoos and body art. Commissioner Jonathan asked how long Mr. Lawrence's business has existed at its present location. Mr. Lawrence replied that his business has been in operation at this location for seven months. Commissioner Jonathan asked if Mr. Lawrence had any previous experience. Mr. Lawrence clarified that he has no previous experience and does not actually perform the service, but merely owns the business. r.. 7 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 17, 1998 '.. Commissioner Jonathan asked Mr. Lawrence if there have been any significant problems at his business, i.e., rowdiness or illegal activity. Mr. Lawrence responded that there have been no such problems. Commissioner Femandez asked how many customers the business has on a monthly basis. Mr. Lawrence replied that the number of customers varies from zero to five per evening, but the monthly average is a minimum of 30. Chairperson Campbell asked if tattoo artists are required to be registered cosmetologists. Mr. Lawrence indicated that tattoo artists are note required to be registered cosmetologists. Chairperson Campbell asked Mr. Lawrence if he is aware of the new � licensing requirements affecting tattoo establishments effective January 1, 1998. Mr. Lawrence indicated that he is aware of the new requirements, though the County has not yet made any requests of him, but he understands that he has until the end of the year to comply. Chairperson Campbell noted that the new law requires tattoo establishments to: 1) register with the County Health Department; 2) obtain a copy of the County Health DepartmenYs standards; 3) provide the County Health Department with the business address and the address at which the registrant performs the activity; 4) pay a one-time registration fee of$25.00 to the County Health Department; 5) pay an annual inspection fee of $105.00; and 6) submit to the County Health DepartmenYs annual inspections. Chairperson Campbell asked Mr. Lawrence how the needles are sterilized. Mr. Lawrence indicated that the needles are sterilized with an autoclave, and the autoclave is spore tested and certified each month. ... 8 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 17, 1998 `.. Chairperson Campbell asked Mr. Lawrence if he has received complaints from his neighbors. Mr. Lawrence responded that he has received no complaints. Commissioner Jonathan noted that body piercing requires parental consent for minors and asked if the same is true for tattoos. Mr. Lawrence responded affirmatively, and indicated that his business does not tattoo persons under the age of 18, with or without parental consent. Chairperson Campbell asked if permanent makeup services would also be restricted to the SI zone if tattoo establishments were so restricted, and Mr. Smith replied that there are concems about the ability to distinguish between the two types of services since both use needles and ink. Chairperson Campbel( indicated that she consulted the dictionary regarding � this issue, and considers permanent makeup and tattoos to be the same. Assistant City Attorney Hargreaves noted that the definition of tattoos as set forth in the proposed ordinance would also apply to permanent makeup. Mr. Lawrence commented that, prior to applying permanent makeup, a client must undergo an ink test to determine whether or not the skin is susceptible to infection from the chemical ink used for those procedures, and if the client returns the next day with signs of an infection, then the permanent makeup cannot be applied. His tattoo business does not use chemical inks, but uses natural types of inks. Carla McDonald, who co-owns Body Accents with her husband, stated that she and her husband are business owners, residents and members of the Chamber of Commerce. Under State law, there is no differentiation between permanent makeup and tattoos. Insurance companies consider permanent makeup services and tattoo establishments to be the same and insure them as such. � 9 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 17, 1998 � Ms. McDonald commented that the proposed ordinance is unnecessary because the City already has power over licensing. Moving tattoo establishments off of Highway 111 would be discriminatory, and if she sold her business and the new purchaser were not allowed to operate the business on Highway 111, it would be unfair for them to be forced to relocate. She would request that the Commission take no action on this matter. Chairperson Campbell asked Ms. McDonald for her definition of body art. Ms. McDonald stated that any mark p(aced upon the body is considered body art, be it temporary makeup, permanent makeup or tattoos. Ms. McDonald pointed out that the art of tattoos has been practiced for hundreds of years. Commissioner Jonathan asked Ms. McDonald how long her business has been in operation in Palm Desert. � Ms. McDonald replied that she has operated her business in Palm Desert since October 1995. Commissioner Jonathan asked Ms. McDonald if there have been any significant problems at her establishment. Ms. McDonald responded that there have never been any problems at her business, and added that the neighbors are pleased that she is able to keep an eye on their businesses at night. Her landlord recently extended her lease for an additional two years, and that would not have happened if the business were having a negative impact on the neighbors. Her business is (ocated 11 doors down from the Elephant Bar, and if there were to be any complaints, they would have surely come from there. Commissioner Jonathan asked Ms. McDonald about her position on tattoos for minors. Ms. McDonald commented that her business does not serve minors, and added that it is against the law. ... 10 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 17, 1998 �... There being no further public input, Chairperson Campbell closed the public hearing. Commissioner Jonathan felt that the Commission would be putting its nose where it doesn't belong by involving itself in this issue, and commented that having a tattoo does not define who one is as a person; so he believes it is a waste of this municipality's time to deal with this issue. Commissioner Fernandez concurred with Commissioner Jonathan, and noted that tattoo establishments are legitimate businesses serving adults who can do as they choose with their own bodies, and added that he would have no problem leaving the ordinance as it is. Chairperson Campbell agreed with her fellow Commissioners. Commissioner Jonathan stated that there is no need for the Commission to take action. �• Action: None. IX. SELECTION OF REPRESENTATIVE TO SERVE ON 25TH BIRTHDAY PARTY COMMlTTEE Chairperson Campbell was selected as the Commission's representative to serve on the 25th Birthday Party Committee. X. COMMITTEE MEETING UPDATES A. CIVIC CENTER STEERING COMMITTEE - (No meeting) `.► 11 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 17, 1998 .. B. DESERT WILLOW COMMITTEE - (1/20/98 & 2/17/98) Chairperson Campbell reported that she attended the February 17, 1998 meeting of the Desert Willow Committee wherein five applicants submitted their architectural renderings and plans for the clubhouse. Two applicants stood out, and the Committee favored the floor plan, but not the exterior architecture of one firm, and the exterior architecture, but not the floor plan of the other firm; so both applicants were asked to resubmit their plans in 10 days. C. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - (No meeting) D. PROJECT AREA 4 COMMITTEE (February 9, 1998) Commissioner Fernandez attended the February 9, 1998 meeting of the Project Area 4 Committee and reported that the Committee � discussed opening Hovley to four lanes, and the Committee also discussed the fact that the Project Area 4 budget will be increased to $9.3 million for the next five years. E. PALM DESERT/RANCHO MIRAGE MONTEREY AVENUE CORRIDOR PLANNING WORK GROUP - (No meeting) F. ZONING ORDINANCE REVIEW COMMITTEE - 1/21/98 & 2/4/98) Mr. Smith reported that the Zoning Ordinance Review Committee (ZORC) discussed the possibility of regulating tattoo establishments at its last meeting, and although the members felt that it was a non- issue, they did offer the suggestion of a 500-foot separation requirement. The City Council heard a presentation by the Marriott Corporation regarding their proposal to build 1,000 additional timeshare units on the west half of Section 32, which is approximately 300 acres. The current timeshare ordinance requires that timeshare units be built in conjunction with a resort hotel having more than 500 rooms and an `.. 12 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 17, 1998 �.. 18-hole championship golf course, and the applicant feels that they meet that requirement since the existing hotel has over 900 rooms, but the Council had concerns and referred the issue to ZORC. The Committee felt that the words "in conjunction with" does not require that the timeshare units be built contiguous to a resort hotel, and therefore, does not restrict geographic location. The Committee also felt that the Marriott can provide a high quality project. If and when an application is filed, it will be brought before the Planning Commission, but it doesn't appear that a separate zoning amendment will be part of that request. XI. COMMENTS None. XII. ADJOURNMENT r.. It was moved by Commissioner Fernandez, seconded by Commissioner Jonathan, to adjoum the meeting by minute motion. Motion carried 3-0. The meeting was adjourned at 7:55 p.m. `�-�.�.... PHILIP DRELL, Secretary ATTEST: ������� �� �-� 'SONIA M. CAMPBELL, Chairperson Palm Desert Planning Commission /kc ... 13