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Home My WebLink About1117 MINUTES PALM DESERT PLANNING COMMISSION TUESDAY - NOVEMBER 17, 2009 w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w I. CALL TO ORDER Chairperson Tanner called the meeting to order at 6:00 p.m. II. ROLL CALL Members Present: Van Tanner, Chair Connor Limont, Vice Chair Sonia Campbell Nancy DeLuna Mari Schmidt Members Absent: None Staff Present: Lauri Aylaian, Director of Community Development Dave Erwin, City Attorney Jill Tremblay, Acting City Attorney Tony Bagato, Principal Planner Kevin Swartz, Assistant Planner Pedro Rodriguez, Senior Code Officer Christina Canales, Assistant Engineer Tonya Monroe, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Campbell led in the pledge of allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Aylaian summarized pertinent October 8, October 22 and November 12, 2009 City Council actions. V. ORAL COMMUNICATIONS None. VI. APPROVAL OF MINUTES Request for consideration of the October 6, 2009 meeting minutes. MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 17, 2009 Action: It was moved by Commissioner Campbell, seconded by Commissioner DeLuna, approving the October 6, 2009 meeting minutes. Motion carried 4-0-1 (Commissioner Schmidt abstained). VII. CONSENT CALENDAR A. Case No. PP 07-07 — PREST VUKSIC ARCHITECTS, Applicant Request for approval of a two-year time extension for a 17,600 square foot professional office building at 44-450 Monterey Avenue. Commissioner Limont asked if this was an exception. Mr. Bagato confirmed that typically they are one year. With tract and parcel maps recently receiving two years, staff was considering two years for other projects as well. Commissioner Limont questioned the possibility of the requirements for Title 24 changing in any way in the next two years. Mr. Bagato explained that at the time building plans are submitted, the plans will have to be consistent with Title 24. So they would be up to current standards. Action: It was moved by Commissioner Campbell, seconded by Commissioner Limont, approving the Consent Calendar by minute motion. Motion carried 5-0. Vlll. 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 06-13 — CITY OF PALM DESERT, Applicant Request for revocation of an existing conditional use permit for a massage therapy establishment within an existing commercial suite located at 72-405 Park View Drive. Business Owners: Miao Zhuang and AiLin Yu. Assistant Planner Kevin Swartz thoroughly reviewed the staff report and recommended revocation of Conditional Use Permit 06-13. 2 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 17, 2009 Chairperson Tanner opened the public hearing, noting that the City was the applicant. He asked for any testimony in FAVOR of or in OPPOSITION to the proposed revocation. There was no response. The public hearing was closed and Chairperson Tanner asked for Commission comments and/or action. Commissioner Limont noted when she looked at the police report, it said that there was a citizen who called back in April of 2008 and they were now into October/November of 2009. She asked if there were just certain steps that had to be taken and that's why it took this amount of time. Ms. Aylaian explained that just because a single complaint was received did not mean it is well founded. When a complaint is received by the police, they do investigate all the complaints they receive. But it may not have resulted in substantiation of the complaint or in sufficient evidence to be able to have taken any affirmative action. Commissioner Schmidt asked if she heard Mr. Swartz say that in a year they could reapply for a conditional use permit. Mr. Swartz said yes, for the same use. Chairperson Tanner pointed out that there currently is a moratorium. City Attorney Dave Erwin indicated that if the moratorium is there, an application would not be processed and it is possible that the moratorium could be extended from one year to an additional year. Commissioner Schmidt asked if there were arrests made here and convictions in process. Mr. Swartz confirmed that there was an arrest made, but no convictions at this time. Principal Planner Tony Bagato noted that it is still under investigation. Commissioner Schmidt asked for confirmation that to approve this denial, it would be subject for review in a year or more, not any less. Mr. Bagato explained that staff was just stating that if anyone wanted to apply for an independent massage, it could not happen for at least a year because of the revocation. Mr. Erwin clarified that this did not automatically come back. Once denied, it is denied. An individual applicant would have to start the process again, but they could not do it within a year, or longer if the moratorium continues. Commissioner Schmidt asked if this business was still in operation with activities other than massage, or if it was closed down. Mr. Erwin confirmed it was closed at this time. Mr. Bagato noted that there is a sports and spine clinic in another suite in the building, but they were not related businesses. Commissioner DeLuna commended the Police Department and Sheriff's Department for a very thorough, comprehensive, and on-going 3 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 17, 2009 investigation. Every latitude was given and they have done an excellent job in lining up the case and following through, so she wanted to compliment our police department for that. She moved to approve the findings and staff's recommendation. Action: It was moved by Commissioner DeLuna, seconded by Commissioner Limont, approving the findings and recommendation as presented by staff. Motion carried 5-0. It was moved by Commissioner DeLuna, seconded by Commissioner Limont, adopting Planning Commission Resolution No. 2515, revoking Case No. CUP 06-13. Motion carried 5-0. Chairperson Tanner thanked staff and the Police Department for all their hard work. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Campbell provided an update. B. LANDSCAPE COMMITTEE Commissioner Limont reviewed Landscape Committee discussion items and actions. C. PARKS & RECREATION Chairperson Tanner noted that they met on the first Tuesday of the month and informed Commission about their current activities. D. PROJECT AREA 4 COMMITTEE Ms. Aylaian reviewed the discussion and action items from the Committee's last meeting. 4 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 17, 200 XI. COMMENTS 1. Commissioner DeLuna stated that she has an ongoing concern about the number, location and concentration of tattoo establishments in and around Palm Desert. She didn't know, particularly in some locations, if that's the image that Palm Desert would like to have. She asked staff to please look into the notion of either limiting them or forming a draft ordinance to limit the number and scope of tattoo establishments. Ms. Aylaian said staff would certainly do that. 2. Commissioner Limont asked if a large banner was approved on the northeast end of El Paseo for the empty lot. Ms. Aylaian said she would have Code look into the matter and see if there were any permits. 3. Chairperson Tanner stated that the Veteran's Day event at Freedom Park was very nice and well attended. 4. It was confirmed that the next meeting would be December 15. The December 1 meeting was canceled. XII. ADJOURNMENT It was moved by Commissioner Schmidt, seconded by Commissioner Campbell, adjourning the meeting by minute motion. Motion carried 5-0. The meeting was adjourned at 6:18 p.m. LAURI AYLAIAN, Secret ATTEST: �—-- VAN G. tANNER, Chair Palm Desert Planning Commission Am 5