Loading...
HomeMy WebLinkAbout2011-10-04 PC Regular Meeting Minutes MINUTES PALM DESERT PLANNING COMMISSION TUESDAY - October 4, 2011 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chair Campbell called the meeting to order at 6:00 p.m. II. ROLL CALL Members Present: Sonia Campbell, Chair Nancy De Luna, Vice Chair Van Tanner Roger Dash Connor Limont NNW Members Absent: None Staff Present: Jill Tremblay, Assistant City Attorney Tony Bagato, Principal Planner Page Garner, City Surveyor Kevin Swartz, Assistant Planner Lauri Aylaian, Director of Community Development Tony Becker, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner De Luna led the pledge of allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Aylaian indicated that since the last Planning Commission meeting, there were a few items that the City Council voted on related to land use issues. The first item was the passing of the second reading of the Rosewood Hotel DA. The Council asked city staff to make some changes regarding the length of time of the agreement [reduced from ten years to five] and requesting that Rosewood Corp. be the company that builds the hotel, or if indeed it is sold, MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4 2011 I that a comparable corporation buy it and that the city and city manager would be given notice. Secondly, the City Council asked staff to prepare a letter to LAFCO requesting that the vote to permit certain land north of 1-10 to be added to Cathedral City's sphere of influence be postponed until the City of Palm Desert has studied the impact of annexation of the area around and including Sun City. That letter was sent and the request of delay of vote was denied and the vote to permit the Cathedral City sphere of influence expansion was granted. The Palm Desert City Council also directed staff to obtain bids for an official study of annexation of Sun City, and staff will seek bids from consulting firms to perform that study. Commissioner Tanner asked if the City Council approved the facade enhancement for Red Lobster. Ms. Aylaian said that vote was continued and staff was directed to find alternative ways to assist Red Lobster. V. ORAL COMMUNICATIONS NONE VI. APPROVAL OF MINUTES Request for approval of the September 20, 2011, meeting minutes. Action: Commissioner Limont moved and Commissioner De Luna seconded the approval of the September 20, 2011 meeting minutes. Motion carried 5-0. VII. CONSENT CALENDAR A. Right-of-way vacation, Tract 29469. Finding of General Plan conformity for vacating Daisy Lane public access and of an excess sidewalk and landscape easement along Shepherd Lane in tract 29469. Commissioner De Luna asked Mr. Garner about maintenance of the street once vacated. Mr. Garner stated that once the vacation is granted, the Betty Ford Center will maintain the street and the gate. Commissioner Limont asked Mr. Garner if this proposal had been shown to the Fire Department and if they were okay with the gate being installed. Mr. Garner stated that Fire has approved this project and has access to the gate and will be able to continue to serve the neighborhood. 2 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4 2011 Action: Commissioner Tanner moved and Commissioner De Luna seconded approval of Consent Calendar item(s). Motion carried 5-0. Vill. PUBLIC HEARINGS Chair Campbell announced that 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 11-348, Short-term rental, Richard Kutcher, Applicant. Consideration of a conditional use permit to allow a short-term rental at 73-699 El Paseo Unit #1. Assistant Planner Kevin Swartz presented his staff report and on-screen presentation to the Planning Commission. Mr. Swartz briefly talked about the location of the unit and the lot size. He stated that it's part of a four- plex located close to San Luis Rey. The access to this complex is, however through a public parking area behind Mama Gina's restaurant on a,„ El Paseo. Mr. Swartz showed on-screen photos of what the property looked like with cars parked in the carport to show the availability of parking at the unit. Mr. Swartz stated that as of the presentation of these findings, there have not been any complaints or violations filed with Code Compliance or the Police Department. Mr. Swartz also mentioned that the applicant couldn't make it to the meeting tonight, but sent a representative. Staff recommended approval. Chair Campbell declared the public hearing open and asked the commissioners if they had any questions of staff. Commissioner Limont asked if the applicant was using a rental agency. Mr. Swartz indicated that they were using CA Association of Realtors. Commissioner Tanner asked if there were CC&Rs for this unit and if they allowed rentals. Mr. Swartz said that the representative is here to answer those questions. Mr. Mike Sims, 36562 Paseo del Sol, Cathedral City, stepped forward to the podium to answer commission questions. Mr. Sims stated that he was 3 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4 Z not the CA Realtors representative, but a personal friend of the owners. He indicated that the owners didn't intend to rent out their unit but twice per season. Commissioner De Luna asked what 'seasonally' meant. She wanted to know if they were going to rent out during Coachella Fest or Stagecoach or a big party weekend like that. Mr. Sims was unable to answer and just said that the owner said 'seasonally'. Commissioner Tanner asked how many units were available for rent. Mr. Swartz stated that technically all of the units in this area could do it, but tonight's request was just for this particular unit alone. Hearing no other questions or testimony, Chair Campbell declared the public hearing closed and asked for comment. Commissioner Limont stated that the only problem she saw was parking and mentioned that staff had already taken steps to condition that and motioned for approval. Commissioner Tanner stated that since there is ample public parking nearby (Mama Gina's parking lot), then he sees no reason that this should be a problem. Action: Commissioner Limont moved and Commissioner De Luna seconded approval of CUP 11-348, subject to the attached conditions. Motion carried 5-0. Commissioner Limont moved and Commissioner De Luna seconded adoption of Planning Commission Resolution •No. 2568, approving CUP 11-348, subject to the attached conditions. Motion carried 5-0. IX. MISCELLANEOUS Discussion of suggestions to be presented to the City Council relating to the permitting of short-term rentals. Recommendations of the Planning Commission will be forwarded to the City Council with an update report on the first six months of the written short-term rental ordinance. Commissioner Limont started by suggesting that there be a requirement for an applicant to use a local management company rather than a neighbor or a friend. That would ensure that the company is local and available at all times, when a neighbor might be out of town from time to time. That also takes some of the pressure off of the Code and Police departments for policing of these rentals. Commissioner Tanner asked about the status of the CUPs that have already been approved by the Planning Commission. He wanted to know if any of those approvals have had any noise or other complaints against 4 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4 2011 them since approval. Mr. Bagato stated that one did receive a noise complaint and the police were called. But it was at a unit that was grandfathered in, and that the noise was related to swimming pool noise at 6 p.m., so there were other circumstances involved with this complaint. Commissioner De Luna stated that she would like to see more teeth in the ordinance and in the fines. She stated that Rancho Mirage has a fine of up to $5,000 and she feels that would send a very strong message to applicants that the City means business when it comes to violations and revocation of CUPs. Commissioner Dash stated that he would offer a suggestion about tracking of the CUPs. He noted that the demographics of the community are changing. The city is still a resort community, but it also has many full- time, permanent residents that it must also champion their needs. He would go as far as to say that the city should have someone tasked with monitoring the new CUP short-term rentals and concentrate on nothing else. Then, over time, as the process becomes familiar to residents and businesses, that person can switch tasks in another direction. Commissioner Dash stated that there will always be those few who go underground as that is the nature of the business. He felt that the majority of the people who want to do the right thing should have someone who can look after these short-term rental conditions of approval so the others aren't penalized for the actions of a few. Commissioner Tanner asked if Commissioner Dash was referring to a staff person to take this task. Commissioner Dash stated that he would shy away from that specification, but there might be a college student-intern who wanted to become involved could do this rather than City Staff. Commissioner Limont stated that this would be the opportunity for the City Council to speak to the gated communities and get them involved as well. She stated that right now, it's just as simple as having a business license and paying the TOT, if they're paying it at all. Mr. Bagato stated that there isn't enough staff time to monitor the TOT and who pays and who doesn't. Ms. Aylaian wanted to interject another side of the issue and that is `due process'. In any given violation, there is the potential that the reporter of the violation may have reported in error or malice. The alleged violator should have their own due process to be able to speak and clear the matter up: maybe it's not their unit that is in violation, maybe it's the unit next or behind them. Or maybe there is a vendetta between neighbors that causes unnecessary complaints. These things deserve due process in case there is malice and that gives the 'violator' a chance to clear their name. w 5 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4 2011 Ms. Aylaian offered to sum up the Planning Commission suggestions: that the City Council should look at putting teeth into the ordinances by way of fines or restrictions, and suggest that applicants use a local management company rather than a neighbor to watch their unit. The Planning Commission agreed that these were good suggestions and a good start. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES COMMISSION Commissioner Campbell stated that she was passing around a picture of a sculpture that a Rancho Mirage artist had created. This artist also had suggested the "art adoption program" where a citizen could buy a piece of art and donate it to AIPP. The first sculpture is of a Dalmatian and it is being donated to Fire Station 33 where it will be displayed. There was a suggestion that the program could be enhanced so any piece of art can travel the country and host cities would be responsible for lighting and insurance and Palm Desert could be the prototype. That suggestion was rejected by the committee and they will meet with the Fire Captain at the next meeting about the Dalmatian sculpture. B. LANDSCAPE BEAUTIFICATION COMMITTEE Commissioner Limont stated that the committee discussed old landscaping and lighting districts that were formed many years ago and no longer exist. The city normally steps in and maintains it, but the discussion was about cost-sharing. Also, the cities of Rancho Mirage and Palm Desert are updating the landscape in a portion of the median on Monterey. Palm Desert is the lead agency on this. Palm Desert will be responsible for 1/3 of the cost. C. PARKS & RECREATION Commissioner Tanner said that the tennis courts at Civic Center Park are being refurbished. The pickleball courts are being eliminated at this park—there are pickleball courts at Cahuilla Park. There is collaboration with the BLM and Dept. of Fish and Game at identifying some hiking trails that could replace the ones (Bump and Grind) that were recently closed. Finally, the Aquatic Center showed that 7,149 people used the facility in August and September and revenue was at just over $98,000. Commissioner De Luna asked what the expenses were, and Commissioner Tanner said that they were significantly more—about three times more. ow 6 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4 2011 D. PROJECT AREA 4 COMMITTEE Commissioner Dash indicated that there was no meeting. He asked Ms. Aylaian what the street work was on El Dorado, just above Hovley. Ms. Aylaian stated that Public Works would be able to better answer, but she knew that work was related to drainage and was being done by CVWD. XI. COMMENTS NONE XII. ADJOURNMENT Commissioner Tanner motioned and Commissioner Limont seconded the motion for adjournment and the meeting was adjourned at 6:49 p.m. i LAURI AYLAIAN, Secretary ATTEST: SONIA CAMPBELL, Chair Palm Desert Planning Commission /tb Now 7 ■rr