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HomeMy WebLinkAbout0421 MINUTES PALM DESERT PLANNING COMMISSION TUESDAY – APRIL 21, 2009 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * City Clerk Rachelle Klassen swore in new commissioner Nancy DeLuna. I. CALL TO ORDER Chairperson Tanner called the meeting to order at 6:02 p.m. II. ROLL CALL Members Present: Van Tanner, Chair Sonia Campbell Nancy DeLuna Mari Schmidt Members Absent: Connor Limont, Vice Chair Staff Present: Tony Bagato, Principal Planner Bob Hargreaves, City Attorney Kevin Swartz, Assistant Planner Tonya Monroe, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner DeLuna led in the pledge of allegiance. IV. SUMMARY OF COUNCIL ACTION Mr. Bagato summarized pertinent April 9, 2009 City Council actions. V. ORAL COMMUNICATIONS None. VI. APPROVAL OF MINUTES Request for consideration of the April 7, 2009 meeting minutes. MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 2009 Action: It was moved by Commissioner Campbell, seconded by Commissioner Schmidt, approving the April 7, 2009 meeting minutes. Motion carried 3-0- 1 (Commissioner DeLuna abstained, Commissioner Limont was absent). VII. CONSENT CALENDAR A. Case No. PMW 09-94 – JEFFREY BANCROFT c/o PALM DESERT REDEVELOPMENT AGENCY, Applicant Request for approval of Parcel Map Waiver 09-94 to allow a lot line adjustment at 44-871 San Benito Circle. Action: It was moved by Commissioner Campbell, seconded by Commissioner Schmidt, approving the Consent Calendar by minute motion. Motion carried 4-0 (Commissioner Limont was absent). VIII. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he, 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 09-126 – QIXING PETROVICH, Applicant Request for approval of a conditional use permit to allow a massage establishment in an existing service industrial zone located at 77-750 Country Club Drive, Suite E (APN 626- 410-040). Mr. Kevin Swartz reviewed the staff report. He indicated that the applicant was requesting that the hours be extended from 10:00 a.m. to 8:00 p.m., so if this conditional use permit was approved, Mr. Swartz requested that Condition No. 4 be amended to reflect the change from 7:00 p.m. to 8:00 p.m. Mr. Swartz recommended approval of Case No. CUP 09-126, subject to the conditions as amended. Commissioner DeLuna asked how many massage therapy establishments currently operate in Palm Desert. Mr. Swartz explained that in 2007, staff did an analysis. He didn’t have current data, but in 2007, there were ten 2 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 2009 independent massage establishments, four located within a hotel, and 15 massage establishments as a secondary use. Commissioner DeLuna noted that all totaled, there were just under 30 establishments. Given the population, that meant there is one establishment for every 1,650 people. She asked for confirmation that there had been more since 2007, but Mr. Swartz was just not sure how many? Mr. Swartz said that was correct. Commissioner DeLuna concluded there could actually be more than 30 now. Mr. Swartz wasn’t sure. He said that staff would be happy to look into that. Commissioner DeLuna asked if there had been any ongoing issues with legal infractions in connection with these establishments. Mr. Swartz said not the one before them today, but confirmed they have had previous issues with massage establishments. Commissioner Schmidt asked what the use in Suite E was prior to this request. Mr. Swartz replied that it was an office. Chairperson Tanner asked if there was a circular passed out to other occupants of this address, and if there had been any kind of discussion. Mr. Swartz explained that the legal notice was mailed to property owners within 300 feet of this site. No one came forward in favor or in opposition. There were no other questions of staff. Chairperson Tanner opened the public hearing and asked the applicant to address the Commission. MR. BRANKO PETROVICH, 78-451 Glastonbury Way in Palm Desert, within Sun City Del Web, stated that it would be ideal for his wife to be in charge and she could almost walk to the establishment. They would appreciate if they could extend, at least in the summer, their hours to 8:00 p.m., because it was still light. She was planning to have one massage therapist in addition to herself. His wife would do most of the work and then one office person to answer the phones. He said there would not be more than five clients per day. He hoped there would be nice people in the industrial area, people who worked hard and needed a massage. Commissioner Campbell asked for confirmation that there would only be two people working there; his wife and someone else. Mr. Petrovich concurred. He said at the beginning it would just be his wife until they established clients. Right now she works for Esmeralda part time. She was the best one there. 3 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 2009 Commissioner Campbell reiterated that for now there would be one person, and then later on there would be another one. Mr. Petrovich concurred. Commissioner DeLuna questioned if there would be any additional services offered besides massage. Mr. Petrovich said no. Only hot stones, herb massages, and all the Swedish ones; only those services. Commissioner DeLuna asked what they would charge. Mr. Petrovich replied $40 for half an hour and $60 for an hour. Commissioner DeLuna asked if any appointments would be booked outside of the establishment, or if everything would occur on the premises. Mr. Petrovich said on the premises. Commissioner DeLuna stated that she had some comments and explained that it wasn’t a reflection on any of the applicants before them at the meeting, but it was a reflection on those who had gone before them who maybe abused the law or our system. At the end of the hearing, she was going to ask that staff be directed through the City Council to research the possibility of a moratorium being put on these types of stand- alone massage establishments. Mr. Petrovich noted that there weren’t any other massage establishments in the area, only a chiropractor close to Gold’s Gym. It would be ideal for his wife to walk to the job. That was the reason. As a point of clarification, Commissioner Schmidt heard the applicant say there would be a maximum of two employees. She asked if that was in addition to his wife. Mr. Petrovich said no, she was number one. As needed, they would add a second one. Commissioner Schmidt recommended changing Condition of Approval No. 5 from three employees to a maximum of two. Mr. Swartz agreed. Mr. Bagato advised that change could be made as part of a motion. 4 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 2009 Commissioner Schmidt asked for clarification that the reason for extending the hours by one hour would be because of summer daylight. Mr. Petrovich said that was right, but it wasn’t so critical. If there was a problem, 7:00 p.m. would be okay. Commissioner Schmidt stated that she would prefer to leave it at 7:00 p.m. Mr. Petrovich agreed. He noted that most area businesses closed at 5:00 p.m. He withdrew the request for 8:00 p.m. Commissioner Schmidt noted that it would be 10:00 a.m. to 7:00 p.m., six days a week. Mr. Petrovich said that was correct. There were no other questions for the applicant. Chairperson Tanner asked for any testimony in FAVOR of or in OPPOSITION to the proposed conditional use permit. There was no response and the public hearing was closed. Chairperson Tanner asked for Commission comments. Action: Commissioner Campbell stated that she would move for approval. She explained that they couldn’t really deny a use, like opening a restaurant or opening a bar, because there were too many in the city, so she moved for approval with the change to Condition No. 5 for a maximum of two employees instead of three. Chairperson Tanner seconded the motion and asked for discussion. There was no further discussion and he called for the vote. Motion carried 4-0 (Commissioner Limont was absent). It was moved by Commissioner Campbell, seconded by Chairperson Tanner, adopting the findings and adopting Planning Commission Resolution No. 2498, approving Case No. CUP 09-126, subject to conditions as amended. Motion carried 4-0 (Commissioner Limont was absent). B. Case No. CUP 09-127 – SU YING, Applicant Request for approval of a conditional use permit to allow the use of “Spa 111 Massage” in an existing general commercial zone located at 73-280 Highway 111, Suite 101 (APN 627- 092-020). 5 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 2009 Mr. Swartz reviewed the staff report. He noted that one letter in opposition was received and was attached to the staff report. He then recommended approval of Case No. CUP 09-127, subject to the conditions. Chairperson Tanner opened the public hearing and asked the applicant to address the Commission. MS. SU YING, 73-065 Shadow Mountain Drive in Palm Desert, stated that she got a Palm Desert massage therapy license last year. She has been doing massage since last year, but prior to that she did massage in China. She opened a massage shop in China and had it for two years before coming here. She stated that she has business experience and massage therapy experience. During the one year, she built her clientele from her husband’s friends who were golfers, so clients were mostly from the golf course. She said her husband supported her to have this business, and her whole family also supported her efforts in opening this business. Commissioner Campbell asked if Ms. Ying was currently working as a massage therapist. Ms. Ying said yes and explained she worked in La Quinta at the Spa. The owner is French; they have massage therapy, facials, nails and all kinds of services. It was a big one, so that impressed her to have her own business. Commissioner Schmidt asked if Ms. Ying would be offering any other services besides just massages. Ms. Ying said no. Commissioner Schmidt asked what Ms. Ying charged for her services. Ms. Ying said she planned to charge $49.99 per hour. Chairperson Tanner asked if she would have an additional therapist she would hire and bring into her operation immediately, or if she would just start with one, herself. Ms. Ying said she would just start with herself at the beginning of the business. 6 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 2009 Commissioner Campbell asked if she felt she needed the hours from 9:30 a.m. to 9:00 p.m. Ms. Ying said those would be the hours for the winter time. The summer time might be slower and she could open 9:30 a.m. to 7:30 p.m. Commissioner Campbell asked if she wanted to change the hours to 7:00 p.m. and then in the season during the winter until 9:00 p.m., or if she wanted them to leave it the way it was proposed until 9:00 p.m. Ms. Ying said until 7:00 p.m. There were no other questions. Chairperson Tanner asked if anyone wished to speak in FAVOR of or in OPPOSITION to the proposed conditional use permit. There was no one and the public hearing was closed. Chairperson Tanner asked for Commission comments. From the letter in opposition that was received, Commissioner Campbell didn’t think it had anything to do with this massage establishment and said she wouldn’t hold that against this application. She moved for approval. Chairperson Tanner seconded the motion and asked for discussion. Commissioner Schmidt thought this was a tough location. They were all aware of the Red Barn and its clientele. She was also deeply concerned by the length of hours. Anything past 7:00 p.m. was inviting trouble to that area, whether it was summer or winter. It was just a tough spot. She made that recommendation and wasn’t sure if the applicant would be amenable to that, but strongly urged 6:00 p.m. or 7:00 p.m. in the evening only. Commissioner Campbell thought that perhaps Ms. Ying was going to keep her doors locked. Ms. Ying spoke from the audience and said that 7:00 p.m. all year was acceptable. Commissioner Schmidt reiterated that the hours of operation would be 9:30 a.m. until 7:00 p.m. Commissioner Campbell amended her motion to reflect that change in hours of operation from 9:30 a.m. until 7:00 p.m. in Condition No. 4. Chairperson Tanner amended his second and called for the vote. 7 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 2009 Action: It was moved by Commissioner Campbell, seconded by Chairperson Tanner, approving the findings as presented by staff. Motion carried 4-0 (Commissioner Limont was absent). It was moved by Commissioner Campbell, seconded by Chairperson Tanner, adopting Planning Commission Resolution No. 2499, approving Case No. CUP 09-127, subject to conditions as amended. Motion carried 4-0 (Commissioner Limont was absent). IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Campbell summarized actions from their last meeting. B. LANDSCAPE COMMITTEE None. C. PARKS & RECREATION Chairperson Tanner reported that their next meeting was May 5. D. PROJECT AREA 4 COMMITTEE None. XI. ELECTION OF PROJECT AREA 4 COMMITTEE LIAISON A. Appointment of a Project Area 4 Committee Representative. Chairperson Tanner asked if there was a volunteer. After some discussion, Commissioner Schmidt agreed to attend temporarily. 8 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 2009 Action: It was moved by Chairperson Tanner, seconded by Commissioner Campbell, by minute motion, appointing Commissioner Mari Schmidt as the Project Area 4 Committee representative. Motion carried 4-0 (Commissioner Limont was absent). XII. COMMENTS 1. Regarding the massage establishments tonight, Commissioner DeLuna expressed concern about the rising tide. She has watched over the last few years and these types of establishments tend to cause other issues, legal issues, and if they want to stem that tide, she would like to make a recommendation, to ask that staff be directed to look into a moratorium for stand-alone massage establishments, not necessarily to recommend simply a radius restriction, but tying it to lack of other services included. Chairperson Tanner said they would need a motion to request staff to look into this. They were on record now. They had gone on record before asking staff to look at the number of establishments within an area, but this took it one step further and requested a report, not at the first meeting in May, but at staff’s convenience during the next couple of months. Mr. Bagato said that if it involved a moratorium, that would have to be initiated by the City Council. If it was a formal request by the Planning Commission, staff would take it up to City Council for that initiation. Chairperson Tanner asked if they were asking for the moratorium at this time, or just a study leading to the potential for a moratorium. He thought they might be putting the cart before the horse if they asked for the moratorium. Commissioner DeLuna clarified that she asked that staff be directed to look into it. Mr. Bagato asked for clarification on what data staff should include. Chairperson Tanner replied the per capita ratio. Commissioner DeLuna said the type of police reports and demographics. Commissioner Schmidt added longevity. Are they still in business? When did they start? That type of thing; and the legality of a moratorium. Mr. Hargreaves also suggested including any impacts on surrounding businesses. He thought what they probably wanted to do was direct staff to come back with a report for the whole Commission and then at that point decide as a Commission if they wanted to make a recommendation to the City Council. 9 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 2009 Commissioner Schmidt asked if there were any pending applications coming to them. Mr. Bagato said yes, there was one that would come before them in May. If a moratorium was adopted now, it would impact that one. He said staff could come back with an updated report, because since 2007 they have processed a few more CUPs. As well, some may have gone out of business. They would update the numbers and return with another report when staff presents the next request for a massage, which would be at the second meeting in May (May 19). Chairperson Tanner thought that was fine and asked if that worked for Commissioner DeLuna. She concurred. Chairperson Tanner indicated that at that point, they could decide whether to accept the applicant or put them on hold until the moratorium was contemplated by Council, if they so directed. Commissioner Schmidt summarized that staff would do a study and present it to the Planning Commission at a regular meeting. The Commission could move to send it on to Council and it would appear on the earliest possible Council agenda. Mr. Bagato said that was correct. Commissioner Campbell noted that the staff report would appear under Miscellaneous on the Planning Commission agenda. Mr. Bagato concurred. Commissioner Schmidt asked Mr. Hargreaves what the grounds for a moratorium would be. Mr. Hargreaves said an eminent threat to the public health and safety. They would have to say that they need a chance to study this in depth because they are concerned about public health and safety kinds of issues, and they could put a moratorium in place until that process is done. Commissioner Schmidt indicted that not the least of which would be to that beautiful young woman in that location. Mr. Hargreaves said that when they talk about a moratorium, there are temporary moratoriums which are put in place to give them time to study them, or there could be a permanent ban on any additional stand-alone massage establishments. Commissioner Schmidt asked if they could limit the number in operation at any given period of time. If one closed, another could come in. Mr. Hargreaves said they needed to have some objective basis for limitations, but they could ban them outright; they could ban stand-alone massage. And he thought for years there was a ban on stand-alone massage; at one point massage had to be attached to resort hotels and then later on it opened up. Commissioner Schmidt thought it would be helpful to revisit that ordinance. Mr. Hargreaves said it might be his faulty 10 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 2009 recollection, but that’s what he remembered. Commissioner Campbell thought he was right. She also felt that if they had something like this on it, and they had to really prove health issues, that wouldn’t be easy to do. The same thing with restaurants with C letters instead of A letters. So would they be banned also because of that C letter? It would be the same thing. Commissioner DeLuna thought that when they addressed public safety, there are some legal issues and some police issues. She had spoken to Lt. Shouse and there are some police issues which she could enter into the consideration of public safety which weren’t before them now, but could weigh in on how they feel about handling massage establishments as well. She thought that if staff could do a study, or whatever process staff goes through, they would at least have some information. Chairperson Tanner agreed that it was certainly worth looking into; there was no question about that. One question he had was if it was a miscellaneous item on May 19, if the massage establishment conditional use permit would come before them as part of that, or if it would be put on hold. Mr. Bagato said that the conditional use permit would be under public hearings, and then as a follow-up under miscellaneous, they would talk about the report and the number of them in existence today since the previous report, and look up some additional data per capita and see what quick reports they could get from the police department. He didn’t know what kind of police data they wanted to provide at this time, because they wanted to do the moratorium to give them time to research it from a public health and safety standpoint. Chairperson Tanner asked if that issue would come before them prior to staff’s report. Mr. Bagato said it would be at the same meeting, but public hearings follow miscellaneous, so it would be up to them whether or not they wanted to continue it based on what they decided to do from information in the report. Commissioner Campbell didn’t think that was fair to the applicant. Chairperson Tanner agreed. Commissioner Campbell thought the proposed conditional use permit should be taken up on its own and kept separate from staff’s report under miscellaneous. Commissioner Schmidt asked about the location of the proposed CUP case. Mr. Bagato didn’t recall. Commissioner Campbell noted that they couldn’t discuss it at this time because it wasn’t on the agenda. Chairperson Tanner agreed. 11 MINUTES PALM DESERT PLANNING COMMISSION APRIL 21, 2009 2. Mr. Bagato indicated that on May 5 the Planning Commission would be considering the Draft Sign Ordinance. If they had read the paper recently, his name had been in there a lot regarding this issue. Since the ordinance is 40 pages, he had a copy available today for them to take with them, the draft sign ordinance as well as the current sign ordinance. He said it was also available to anyone in the public who might be interested. They couldn’t talk about it at this time and would hold any comments, and there would be a staff report that would follow, but he wouldn’t plan on recirculating the draft ordinance. He just wanted to give them plenty of time since it is 40 pages. He said he would hand it to them on their way out. He confirmed it would be on the May 5 meeting agenda. 3. Chairperson Tanner welcomed Nancy DeLuna to the Commission. Commissioner DeLuna said she was very honored to have the confidence of the City and looked forward very much to serving with them. XIII. ADJOURNMENT It was moved by Commissioner Schmidt, seconded by Commissioner DeLuna, adjourning the meeting by minute motion. Motion carried 4-0 (Commissioner Limont was absent). The meeting was adjourned at 6:42 p.m. _______________________________ TONY BAGATO, Acting Secretary ATTEST: ________________________________ VAN G. TANNER, Chairperson Palm Desert Planning Commission /tm 12