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HomeMy WebLinkAbout2011-07-19 PC Regular Meeting Minutes MINUTES ;t PALM DESERT PLANNING COMMISSION TUESDAY - JULY 19, 2011 I. CALL TO ORDER Chair Campbell called the meeting to order at 6:01 p.m. II. ROLL CALL Members Present: Sonia Campbell, Chair Nancy De Luna, Vice Chair Van Tanner Roger Dash Connor Limont am Members Absent: None Staff Present: Jill Tremblay, Assistant City Attorney Kevin Swartz, Assistant Planner Lauri Aylaian, Director of Community Development Tony Bagato, Principal Planner Missy Wightman, Assistant Planner Tony Becker, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner De Luna led the pledge of allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Aylaian informed the Planning Commission that the City Council Chamber will be under renovation until August 25, 2011, in order to install camera equipment to televise City Council meetings. Until then, the Planning Commission meetings will be held in the Administrative Conference Room (ACR). MINUTES PALM DESERT PLANNING COMMISSION JULY 19. 2011 She also mentioned that the City Council met on July 14, 2011, and discussed two controversial issues: the relocation of Vons from Palms to Pines center to the old Mervyn's Building, and the Rosewood Hotel. Vons was approved on a 4-0 vote after being continued several times. The other item was the proposal to construct a 5-star hotel on Highway 74. The Rosewood Hotel received much public testimony on that item and the Council decided to continue the issue until the August 25th meeting to give the mayor time to come back from surgery and participate in the vote. V. ORAL COMMUNICATIONS NONE VI. APPROVAL OF MINUTES Request for approval of the June 21, 2011, meeting minutes. Action: Commissioner Limont moved and Commissioner Dash seconded the approval of the June 21, 2011 meeting minutes. Motion carried 5-0. VII. CONSENT CALENDAR A. Case No. PMW 11-17 Stephen and Georgia Schambera / Avondale ..r Golf Club, Applicant. Applicant requested adjustment of an existing lot line of `lot 18' into the existing golf course to accommodate an existing building encroachment. Public Works has approved this adjustment. B. Case No. PMW 11-248, Melissa Wightman, Applicants. A request by the applicant to merge the northern half of "lot 53' to all of 'lot 54' in order to reconcile and old lot separation that no longer exists. Public Works has approved this adjustment. . Action: Commissioner Tanner moved and Commissioner De Luna seconded approving consent calendar items. Motion carried 5-0. 2 MINUTES PALM DESERT PLANNING COMMISSION JULY 19 2011 Vlll. 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 11-72, Gym, Nicholas Frasca, Applicant. Consideration of a Conditional Use Permit to allow The Yard Authentic Strength and Barbell, a private fitness training center at 74-794 42nd Ave. in the S.I. Zone, (Service Industrial). Kevin Swartz orally presented his presentation and on-screen photos to the Commission. He began by discussing the building at this location. It is divided into 12 units and of those 12, four are occupied. The applicant is requesting to combine suites 5 and 6 and use it as one large space. [He showed the suites and parking photos on screen]. Mr. Swartz mentioned that the applicant has occupied both suites for the past year-and-a-half as an Olympic power lifting training facility. Staff conducted a parking study and found that nearly 18 stalls were available during the hours of operation. Mr. Swartz showed the floor plan and indicated that the lower level would be used for the training area and the mezzanine (upper) area is dedicated for office space. Mr. Swartz reported that staff recommends approval and offered to answer any questions. Commissioner Limont asked if suites 5 & 6 were on the first or the second floor. Mr. Swartz said that they are first floor suites, but the upper story is for office use. She went on to ask if this CUP is for a maximum of 13 people: three employees and ten clients. Mr. Swartz said that was correct. Chair Campbell declared the public hearing open and asked the applicant to step forward. Anthony Nicholas Frasca spoke about his business and stated that during the summer there might be a total of five people there at any one time. During the winter, there might be six to eight people there. He is training people in Olympic Style lifting and uses his own money. It never started as a business, just as a place to train some friends. It grew over time and then he found out he needed a business license. So, Mr. Frasca is going through the process. Commissioner Tanner asked if Mr. Frasca trained Tony Pompinio [a local athlete featured in the news recently for placing in nationals]. Mr. Frasca stated that Mr. Pompinio is actually one of the owners of the business. Mr. Frasca 3 MINUTES PALM DESERT PLANNING COMMISSION JULY 19. 2011 stated that there is no `feeder program' from any of the area high schools, so it is incumbent on word-of-mouth to bring new athletes in to train. Commissioner Tanner asked if the business was listed as a not-for-profit. Mr. Frasca stated that he is not. He stated that he is a trainer at the Vintage and is currently working with Guthy-Renker and those are from where some of his students and financial support is coming. Commissioner Dash asked about the office and if it was accessible only from the first floor. Mr. Frasca said that the mezzanine is for office space and, although it's not used as an office right now, which is what it was designed for. The rest of the first floor is used for the training area. Chair Campbell closed the public hearing after seeing no one willing to give testimony in favor of or opposition to the project. She asked for commissioner comments. Commissioner De Luna moved for approval and Commissioner Tanner seconded the motion. Commissioner De Luna wanted to add that she commends the applicant for being willing to spend his own time and money to help young kids who are interested in this sport and certainly thinks this is a good idea. Action: Commissioner Limont moved and Commissioner Tanner seconded approving CUP 11- w 72, subject to the attached conditions. Commissioner Limont moved and Commissioner Tanner seconded adopting Planning Commissioner Resolution No. 2555 approving CUP 11-72, subject to the attached conditions. Motion carried 5-0. B. Case No. CUP 11-173, Massage, J Russell Salon, Applicant. Consideration of a Conditional Use Permit to allow Healing Hands Massage Therapy to operate as a secondary use in a 130 square-foot room within J Russell Salon located at 72-996 El Paseo. Mr. Swartz gave details about the establishment and the request to have massage within the premises. He mentioned the amendments in the Palm Desert Municipal code that allow for a massage establishment to operate as a secondary use in a larger salon or physical therapy area. The massage area would be located within the 'utility' room. The business would have one full-time masseur/masseuse with a maximum of seven clients per day and would operate from 8:30 a.m. to 5:30 p.m. daily. Staff recommended approval and offered to answer any questions. 4 MINUTES PALM DESERT PLANNING COMMISSION JULY 19. 2011 Commissioner Limont asked if the masseur would be an employee of J ""' Russell Salon or independent. Mr. Swartz said that he'd let the applicant speak to that. Commissioner De Luna wanted to clarify that this isn't being considered a stand-alone use. Mr. Swartz stated that was correct, that it was a secondary use to the salon. Chair Campbell declared the public hearing open and asked the applicant to step forward. Ms. Meg Firestone, owner of J Russell Salon, introduced herself and Sally Harland, the masseuse, whom she has asked to be the full-time masseuse at the salon, to the commission. Ms. Sally Harland, 72-996 El Paseo, spoke about her experience as a massage therapist. She has been one in the desert for nearly 20 years either as an employee in physicians' offices or on her own. She is a registered nurse (RN). Since the new ordinance was passed in the city, both she and Ms. Firestone came to the City to apply for permission to operate a massage facility within the salon. Commissioner De Luna asked Ms. Harland if she was a full —time employee of the salon. Ms. Harland stated that she would be an independent contractor. Chair Campbell asked for any testimony in favor of or opposition to this application. Seeing none, she declared the public hearing closed. Action: Commissioner Limont moved and Commissioner De Luna seconded approving CUP 11-173, subject to the attached conditions. Commissioner Limont moved and Commissioner De Luna seconded adopting Planning Commission Resolution No. 2556 approving CUP 11-173, subject to the attached conditions. Motion carried 5-0. C. Case No. CUP 11-244, Alan and Susan Parker, Short-term Rental, Applicants. Request by applicants for a Conditional Use Permit to operate a short-term rental at 44-600 San Jose Avenue. 5 MINUTES PALM DESERT PLANNING COMMISSION JULY 19, 2011 Missy Wightman orally presented her staff report and presentation. She showed the location and floor plan of the house on the computer screen. The zoning for the area meets the requirements to operate a short-term rental. The applicant is in compliance with all of the standards in place to operate a short-term rental. This house is a 4-bedroom house which, according to the ordinance, limits any overnight guests to two per bedroom for a total of eight. All parking must be on site and at this location there is room for two cars in the garage and two more in the driveway. The applicant's lease contract does list the additional requirements and mentions payment of TOT. Ms. Wightman showed site photos of the property. There is one bedroom downstairs and three more upstairs. Ms. Wightman stated that there were no public comments received either in favor of or in opposition to this application since the legal notice was mailed July 1, 2011. She verified with the Police Department and the City Code Compliance division that there weren't any noise or other violations on file. Staff recommends approval of this CUP and she offered to answer any questions. Commissioner Limont began her questions by asking what the stages of enforcement for various violations are, are the owners called after the police, or before? Ms. Wightman indicated that the police are called first. Then the property owners are contacted. The City is keeping record of the new requests for short-term rentals and their owner/property manager contact information should something like this occur. If there are multiple violations, rail then the CUP could be revoked along with fines levied. If there is just one violation, then a warning would be issued. Commissioner Limont also asked about who would bear the cost of the police or code enforcement answering these calls. She stated that the `Augusta issue' ran up huge bills related to staff time. Ms. Aylaian stated that there is now some recourse for the City to recover some of these costs. When the noise ordinance was passed, a companion ordinance was also included which allows the City to charge the violator for repeated calls to a location. These charges include time charged for police and code enforcement. Commissioner Limont wanted to know if this information is being distributed along with the CUP application packet. Ms. Aylaian stated that it has not been part of the packet, but that it certainly could be included. Mr. Bagato wanted to add that Pedro Rodriguez, Senior Code Compliance Officer, and Lt. Andrew Shouse from the Police Department have been kept apprised of any violations: new or repeat offenses that any citizen reports. Having noise violations on record assists the police and the code officers in levying heftier fines against repeat offenders. Mr. Bagato wanted to add that stricter ordinances that would allow for heftier fines and quicker citations w 6 MINUTES PALM DESERT PLANNING COMMISSION JULY 19. 2011 may be forthcoming for consideration. Under the current noise ordinance, Mr. Bagato stated that if there are fewer than 10 people, then a `rowdy party' "� citation can't be issued. The new proposal would drop that count down to one person or more, regardless of the individual being a permanent resident or a visitor. Commissioner Tanner requested that Mr. Bagato state for the record, the number of homes the sheriff department visited relating to short-term rentals [referring to a meeting that both Mr. Bagato and Commissioner Tanner recently attended]. Mr. Bagato stated that the Police Department has no way of knowing if the noise violation calls they respond to are short-term rentals or not; but that the overall total of noise violations responded to was very low. The police lieutenant stated that the tools are already in place to enforce these infractions; the education to the owners and the neighbors is the main issue—getting the word out of what repercussions there are for violations. Commissioner Tanner asked about the $500 fee and if it was a deposit or a one-time fee and if that fee would be used to pay for back code or police responses to ordinance violations. Mr. Bagato stated that the fee was a one- time, non-refundable, administrative fee. That fee would not be used toward any code violations or fines, only for the staff time to process the application. Commissioner De Luna asked about the size of the lot and also about .. parking: if there are four guests allowed, where would they park? Ms. Wightman said that she didn't know the lot size off-hand; her guess was about 7000 square feet. As for the parking, two cars would park in the garage and two more could park in the driveway. Commissioner De Luna wanted to know about parking for additional guests, where would they park? Ms. Wightman stated that they would have to park along the street. She wasn't certain that the code intended to have on-site parking for daytime guests, just for nighttime guests. Chair Campbell declared the public hearing open and asked the applicant to step forward. The applicant was not in attendance. Chair Campbell asked for any testimony in favor of or opposition to the application to come forward. Ms. Sabine Gaedt, 44-595 San Jose, came forward to speak in opposition to this project. She stated that she liked the applicants, a nice couple from out of town. Ms. Gaedt's 80-year-old parents live across the street from this property. She mentioned that the applicants must have offered their house a few times as a short-term rental on a trial basis and during those times, there have been a few problems: trash bags sitting on the street until trash day, some noise complaints that some of the neighbors have previously let slide, and cars of guests and guests-of-guests parking all over the aw 7 MINUTES PALM DESERT PLANNING COMMISSION JULY 19, 2011 neighborhood and giving her elderly parents an uncomfortable feeling. Ms. Gaedt said that she wasn't aware of the City Council ruling regarding allowable guests, until she received a notice in the mail about today's hearing. She felt that calling the police is a hassle: there was another property nearby that seemed to have been rented to drug-dealers and the police were constantly called and after many days and nights of complaints, and thousands of dollars of repairs to the property, those tenants finally went away. But the whole process was a huge hassle. Seeing no one else willing to offer testimony, Chair Campbell closed the public hearing and asked for commissioner comments. Commissioner De Luna began with her comments and concerns about this project. She stated that the last speaker mirrored many of her concerns just now. Commissioner De Luna mentioned that the size of the property is an issue because it's a larger property with four bedrooms that would potentially house up to 12 people. That is a large number of people for a neighborhood, especially during Coachella Fest or another `fest' like that. She wants to preserve the integrity of the neighborhood for families that live there with young children. She understands that guests are required to leave at 8 p.m. but that doesn't always happen, especially when the party starts going at noon and could get louder as more guests arrive during the day. The neighbors can be accommodating sometimes by not calling the police every time there is an infraction, but that doesn't help the overall problem at hand. In this instance, she can't support the request for a CUP. Commissioner Tanner commented that the Planning Commission's desire is to preserve the neighborhood for those that live here full time. He noted that there are a lot of residents that aren't here full time and would like to get revenue for their second homes and he understands that side of the problem also. He believed that the current ordinances have teeth and that if the current methods of enforcement aren't working, then they should go back before the City Council and be changed. If there is nothing in place (a CUP) then the City would have no recourse against those violators, because they aren't registered, they are 'underground'. But if the Planning Commission approved CUP's for these applicants who have paid their money and read the rules and understood the consequences, then the City could register the applicants, prosecute those few violators and collect the TOT. He felt that the City has created a well defined procedure to deal with any problems that neighbors (like the parents of the speaker present tonight) report. The City already requests that the owners post trash days, and noise ordinances and where people can park and call the police or the City if there is a violation to get it on record. If the public doesn't report it and if the owner doesn't have a CUP, then there isn't much or anything the City can do about 8 MINUTES PALM DESERT PLANNING COMMISSION JULY 1 S, 2011_ it after-the-fact. In sum, Commissioner Tanner would be in favor of this application. Commissioner Limont stated that she has a short-term rental in her neighborhood that is a constant violator and has and is taking months to control. They are operating without a CUP and that also complicates the issue. She is infuriated when neighbors come to her asking her for help with the late-night parties that are being held on school nights and there isn't much that she can do. Her issue is that the owners of this house live in Chicago and don't know what's happening on a weekly basis. She feels that people should be allowed to do what they wish with their property, but not at the expense of neighborhoods. Commissioner De Luna wanted to respond to something that Commissioner Tanner said and in this case the landlord seems to be an absentee landlord and although there are codes in place and consequences for those violations, she also pointed out that Commissioner Limont has to contend with the short-term rental in her neighborhood and is STILL working through those issues. In this particular case, she believes that the house is large enough that the code will permit too many families and guests and create a legal noise problem. She can't support this instance; she could in theory, but not this reality in this instance. Commissioner Dash stated that he did and does support short-term rentals. He felt that this instance was fraught with problems: noise and garbage, but more importantly, that the applicants weren't present for this meeting, He stated that there is no local address for them [contact address] and that that shows that they don't appreciate the gravity of short-term rentals out here and the issues surrounding them. He, therefore, will not vote in favor. He stated that if the applicant wants to come back with some answers, he might change his mind, but at the present time, he would vote against it. Chair Campbell stated that the applicant does have a property manager that is available 24/7 with contact information. She agrees with Commissioner Tanner that the Planning Commission did approve the CUP process and here is an applicant going through the process, so the Commission should grant it and keep them on the record rather than sending them and others like them 'underground'. With that, she moved for approval of staff's recommendation. Commissioner Tanner seconded the motion with more discussion. He wanted to point out that any appeal from any applicant doesn't come back to the Planning Commission but would go directly to the City Council. He wanted to mention that if there is a problem with this house, one calls the management company that the owners have hired and let them know about the trash or the noise and find a quick solution to any problem, since that's what they're paid to do. 9 MINUTES PALM DESERT PLANNING COMMISSION JULY 19, 2011 Commissioner Dash asked Ms. Gaedt if she was aware of this property being managed by a rental agency. Ms. Gaedt stated that she was not. (other inaudible remarks were made) Ms. Wightman advised that a continuance be issued to give the applicant time to respond. Commissioner De Luna said that the applicant had plenty of time already and that request would not be granted. Action: Commissioner Campbell moved and Commissioner Tanner seconded approving CUP 11-244, subject to the attached conditions. Motion failed 2-3 (Commissioners De Luna, Dash and Limont voting NO). Commissioner De Luna moved and Commissioner Limont seconded a motion to direct staff to prepare a Resolution of Denial for CUP 11-244 to be brought to the next Planning Commission meeting. Motion carried 3-2 (Commissioners Tanner and Campbell voting NO). IX. MISCELLANEOUS NONE X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES COMMISSION Commissioner Campbell stated that the last meeting artists were chosen for the registries. Some art pieces were sold to a music school on the East Coast. B. LANDSCAPE BEAUTIFICATION COMMITTEE Commissioner Limont mentioned that the meeting would be Wednesday, July 20, 2011 (tomorrow). C. PARKS & RECREATION Commissioner Tanner said that they met, but Commissioner Tanner was unable to attend. He said that the meeting was an update on the Aquatic Center. He urged everyone to go see it. He also stated that the parking area was prize-worthy, it was that well- designed. Ms. Aylaian stated that there were about 600 people per day in attendance. Commissioner Tanner mentioned that there have been trespassers at night, but the sheriff and a private security company are now watching the grounds. 10 MINUTES PALM DESERT PLANNING COMMISSION JULY 19, 2011 D. PROJECT AREA 4 COMMITTEE Commissioner Dash indicated that the meeting discussed the Palm Desert Country Club and now the bank that owns the property is actively taking a roll in keeping the grass green and improving the grounds. He also mentioned the latest information about AB 26X and AB 27X bills in the legislature that impact Redevelopment. Ms. Aylaian stated that the City of Palm Desert has a very well- established Redevelopment Agency and could pay the one-time fee (about $20 million) and an on-going fee of about $5 million per year. One ordinance the City could consider and subsequently pass is to pay those fees in order to keep the Redevelopment Agency open. The other ordinance the City could pass would be for dissolution of the Redevelopment Agency. Those will be considered in late August when the City Council comes back from recess. XI. COMMENTS Mr. Bagato wanted to add a few informational items to the Comments Section. He stated that a few new ordinances were coming forward: one is to redo the entire Zoning Ordinance to make it more user-friendly and more easily understood. Since the ordinance update will not involve policy changes, there will not be any subcommittees or Zoning Ordinance WAW Review Committee for this. Some of the codes will be updated to coincide with today's technology and today's realities, so there might be a few changes there as well. Mr. Bagato also mentioned that there will be a few more short-term rental applications coming before the Planning Commission. Commissioner De Luna asked if the ordinances still held true regardless of the property owner having a CUP or not [regarding short-term rentals]. Mr. Bagato stated that that was correct; however, if a CUP was found to be in place and then revoked, the fines levied would be more severe and could be initiated faster than if the owner never had a CUP. Commissioner Limont asked for clarification about that statement, she asked if there were no CUP then fines wouldn't be able to be levied. Mr. Bagato stated that initially, no, the first step would be to issue a warning and have the property owner bring themselves into compliance. Then fines of a lesser degree would be levied. Ms. Aylaian wanted to reiterate that specific details individual case should be taken into account on that case's merits. Therefore, in this particular 11 MINUTES PALM DESERT PLANNING COMMISSION JULY 19, 2011 case, staff was unaware of noise or trash issues until today because no complaints were ever lodged. Therefore, staff recommended the standard conditions. If, at the public hearing, the Commission learns that there are issues on a property, then the Commission can tailor the conditions to be more or less restrictive depending on the circumstances presented. Commissioner Dash asked if the City levied fines right away. Mr. Bagato stated that the City issues a citation first and gives some "grace' time to come into compliance before levying fines. Mr. Bagato also stated that the cities of Rancho Mirage and Indian Wells are enforcing their short-term rental infractions with hefty fines, some upward of $5,000. The City of Palm Desert historically chooses to educate the public first about the code and how to come into compliance and then penalize offenders. Commissioner Tanner asked how many owners had licenses for short- term rentals outside gated communities. Mr. Bagato said that the numbers indicated about 600 of 1,300 had licenses. Commissioner Tanner stated that was his point, that there has to be a starting point to get those other 700 on record and this is the place to start. XII. ADJOURNMENT Commissioner De Luna motioned for adjournment of the meeting, Commissioner Tanner seconded the motion and the meeting was Mai adjourned at 7:18 p.m. LAURI AYLAIAN, Secretary ATTEST: so CAMPBELL, Chair Palm Desert Planning Commission /tb 12