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HomeMy WebLinkAbout2012-08-21 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES TUESDAY, AUGUST 21, 2012 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Campbell called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Commissioner Roger Dash Commissioner Connor Limont Commissioner Van Tanner Vice Chair Nancy De Luna WW Chair Sonia Campbell Staff Present: Jill Tremblay, Deputy City Attorney Lauri Aylaian, Director of Community Development Tony Bagato, Principal Planner Kevin Swartz, Assistant Planner Grace Mendoza, Deputy City Clerk III. PLEDGE OF ALLEGIANCE Commissioner Limont led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Aylaian stated the City Council had not met since the last Planning Commission Meeting; therefore, there was nothing to report. V. ORAL COMMUNICATIONS None am MINUTES PALM DESERT PLANNING COMMISSION AUGUST 21, 2012 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of August 7, 2012. Rec: By Minute Motion, approve as present. Upon a motion by De Luna, second by Dash, and 3-0-2 vote of the Planning Commission, with Limont and Tanner ABSTAINING, the Consent Calendar was approved as presented. Vll. CONSENT ITEMS HELD OVER None Vill. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of amendments to Planning Commission Resolution No. 2514, and Conditional Use Permit No. 09-276. Case No. CUP 09-276, Amendment No. 2. (R&B Studios, 72-650 Fred Waring Drive, Suite 105, Palm Desert, Applicant). Mr. Swartz stated the property is located south of Parkview Drive, west of Fairhaven Drive, north of Fred Waring Drive, and east of Highway 111. The ,W proposed use is within an existing office/medical building. Zoning and General Plan designation is Office Professional. To the north and west is One Quail Place, to the south are commercial buildings, and to the east are single family homes. On July 7, 2009, the Planning Commission approved Conditional Use Permit (CUP) No. 09-276, allowing 12 individual hair salon stations within Suite 105. On October 6, 2009, the Planning Commission approved Amendment No. 1 to the CUP, allowing eight additional hair salon stations within Suite 106. The Planning Commission approved Condition of Approval No. 7, which states "Massage services are not permitted." He said the Applicant is requesting approval to modify Condition No. 7 and to expand into Suite 210, which measures 724 square feet, to provide spa related services, including massage therapy. The hours of operation would be from 9:00 a.m. to 6:00 p.m. six days per week. Staff conducted a parking study during the hours of operation and determined there would be minimal impact to the office/medical professional uses located on the property. With regards to massage use, on January 1, 2009, the California Massage Therapy Council (CAMTC) was created by the California Legislature through the enactment of California Business and Professions Code Section 4600. The CAMTC reviews an applicant's education, professional credentials, and conducts a background check, including potential criminal history within the U.S. Department of Justice and Federal Bureau of Investigation (FBI), and local law enforcement agencies. Under the new law, if the massage therapist is ... licensed by the CAMTC, that individual does not have to apply for a CUP. In 2 G.\Planning\Monica OReilly\Planning Commission\2012\Minutes\8-21-12 min.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 21, 2012 this case, the City of Palm Desert can still regulate the massage therapist and the establishment in regards to health, safety, on-site inspections, and other non- land related issues within the Palm Desert Municipal Code, Chapter 5.87 Massage Establishments. Staff believes that modifying Condition of Approval No. 7 to allow massage therapists who are licensed by the CAMTC, will meet the State's requirement. Staff also recommended approval of CUP 09-276, Amendment No. 2 for the expansion. Mr. Swartz offered to answer any questions. Vice Chair De Luna stated in general the City had passed an ordinance or application relating to stand-alone massage establishments, and she questioned whether staff was asking for a modification of that ruling. In other words, if massage therapists are licensed by CAMTC, would the City ordinance no longer apply or was this simply an exception. She worried a precedent would be established that would overcome or speak against the ordinance prohibiting stand-alone massage parlors. Mr. Swartz responded the ruling on stand-alone massage parlors would still apply. In this case, the use of massage therapy services would be a secondary use, because the main use of Suite 210 would be a spa, which was within the Code. The only change is based on Code Section 4600 by California Legislature that if licensed by the CAMTC, a conditional use permit is not required. He noted the City Attorney was currently working with staff on „➢o modifications to the Massage Therapy Ordinance. Commissioner Limont stated she understood this particular request was for a masseuse that would be under the guise of other spa treatments within that rented area, and it was not a stand alone. Mr. Swartz replied that was correct. Vice Chair De Luna stated she didn't want the Commission to inadvertently modify an existing ordinance, which was why she was asking if this was an exception to something already in place, or if because of the new legislation, it fell under a different purview. Ms. Aylaian stated this case didn't impact anything already in place; therefore, the prohibition on stand-alone massage establishments still stood. She reiterated that staff is working with the City Attorney on modifying the Code such that it will comply with State law, but also looking for ways to maintain control over problem massage establishments without throwing an artificial barrier in front of something, such as a conditional use permit. Additionally, staff is trying to make meaningful scrutiny of the licensing procedure that is complying with State law. She expected to bring forth the changes they are working on in the next few months, but they wouldn't impact this particular .. application. 3 GAPlanning\Monica OReilly\Planning Comm ission\2012\Minutes\8-21-12 min.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 21, 2012 Vice Chair De Luna asked if the massage therapy was part of the larger beauty salon as a whole, or was the spa a separate entity altogether and it was applying for a separate CUP. Mr. Swartz responded it was part of the original CUP; therefore, this application was just an amendment to it. Responding to question, Ms. Aylaian confirmed approval of this application would not set a precedence that would require the Commission to permit stand-alone massage establishments in the future. Commissioner Tanner stated he hated pounding on the point that the City has an ordinance stating free-standing massage parlors are not allowed. Yet, this California Business and Professions Code Section 4600 would eliminate the need to apply for a conditional use permit if licensed by CAMTC; he questioned if that would open the flood gates again for the City. Mr. Swartz answered no, stating the CUP only applied to the Palm Desert Municipal Code (PDMC) land-use aspect. In Chapter 5.87 of the PDMC, it specifies the City prohibited stand-alone massage establishments. Commissioner Tanner questioned whether this new Code Section 4600, requiring no CUP if certified by the CAMTC, contradicted the existing ordinance on what it tried to accomplish originally. Ms. Aylaian explained the new State law indicates that a CUP cannot be required, if it's not required of other similar types of professions. However, it did not mean the City couldn't regulate it in other ways. Therefore, the City can still require a business license, background check, and certification, but staff was learning that certification through CAMTC is more closely reviewed and scrutinized; they have greater resources than local agencies and it's easier for them to revoke/suspend or to disallow permitting. It appears that working through CAMTC would provide greater control than going through a land-use permit, which is relatively cumbersome and slow. Staff is currently working with Deputy City Attorney Tremblay on the exact language on how to make the two mesh to give the City maximum amount of control. Commissioner Tanner said his question was answered, but he would still like to revisit this issue because it hadn't been answered to his satisfaction. Vice Chair De Luna asked if State law supersedes a City Ordinance. Ms. Aylaian answered yes. Commissioner Tanner stated the Commission will then have to address this matter, because if someone qualified under the State's Code, whether it was 4 GAPlanning\Monica OReilly\Planning Commission\2012\Minutes\8-21-12 min.dou MINUTES PALM DESERT PLANNING COMMISSION AUGUST 21, 2012 a stand alone or in conjunction with, then the City will be giving massage parlors the opportunity to do business in a stand-alone area, which is how he tow was interpreting this new Code. However, he understood this application was in conjunction with an existing salon that the City's done business with before. Commissioner Limont stated this application was just an amendment to an existing CUP. Responding to question, Ms. Aylaian confirmed this case would not set precedence for stand-along massage establishments. Chair Campbell explained the Commission was only considering this application for an amendment. Commissioner Limont suggested conditioning this CUP in accordance with the City's ordinance and within the confines of the spa for this building, because it would be granting an exception to the existing CUP there, stating these were like little apartment suites. Vice Chair De Luna asked if the proposed exception is granted under the auspices of a Day Spa and it cease to exist, could the CUP roll over and become a stand-alone massage establishment. Ms. Aylaian answered no. She said Commissioner Limont had a good suggestion about tweaking the wording in the Resolution to state, "Approving a Conditional Use Permit to allow a salon to have massage services as a secondary use if the massage therapist is licensed under the California Massage Therapy Council." Vice Chair De Luna stated she would be more comfortable with that addition. Chair Campbell declared the public hearing open and invited the Applicant to address the Commission on this matter, followed by any public testimony IN FAVOR or OPPOSITION. MS. RANDI WOOD, Owner of R&B Studios, stated massage therapy would be an added service to R&B Studios to round out what it already offered the community as far as health, beauty, and wellness. She went on to say she understood the Commission's concern with regards to stand-alone massage parlors/businesses. Commissioner Limont asked if the Applicant had any concerns with amending the wording of the resolution to specify that the therapy service is as a secondary use. 5 G.Planning\Monica OReilly\Planning Commission\2012\Minutes\8-21-12 min.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 21, 2012 MS. WOOD answered no, because their primary use would be for hair styling and beauty services. ow With no further testimony offered, Chair Campbell declared the public hearing closed. Commissioner Tanner moved to: 1) Waive further reading and adopt Resolution No. 2590 approving an amendment to Resolution No. 2514 modifying Department of Community Development Condition of Approval No. 7 to allow massage services only if the massage therapist is licensed by the California Massage Therapy Council (CAMTC), and allowing the salon to have massage therapy services as a secondary use; 2) By Minute Motion, approve Conditional Use Permit 09-276 Amendment No. 2, subject to conditions. Motion was seconded by Limont and carried by a 5-0 vote. Chair Campbell congratulated the Applicant and wished her much success with her business. IX. MISCELLANEOUS A. STATUS REPORT ON THE UPDATE OF ZONING ORDINANCE Mr. Bagato stated the Zoning Ordinance consultant was gathering and completing the "grunt work" of transferring written data into tables and charts, which he will be reviewing later this week. He was informed by the consultant that the graphic designer is working on incorporating graphics into the Code, such as the parking standards and lighting and other areas; this new Code will have a lot more graphics. He went on to say that staff had been meeting with two Planning Commissioners and two Councilmembers to go over certain items in the Zoning Ordinance that require policy clarification, which were brought up in a study session back in March 2012. One item in particular was the issue of A- frame signs versus pedestal signs, particularly on El Paseo; pedestal signs are currently allowed. In 2009 when the Signage Ordinance was approved, coincidentally, business owners showed up to address A-frame signs not knowing staff was talking about the Signage Ordinance. At that meeting, staff was directed to allow A-frame signs temporarily and to study the issue. Staff is taking that study back to City Council as part of the Zoning Ordinance update. From the photographs provided to the Zoning Ordinance update committee, it was felt some were out of hand, particularly the pedestal and A- frame signs on sidewalks. Staff was asked by the committee to consider not allowing any A-frame signs and potentially modifying the use for pedestal signs. A letter was drafted informing business owners of the regulations, but the City Manager wants the City Council to be aware of it before sending it out. Therefore, this matter is on the agenda for this Thursday's City Council meeting. The rest of the Zoning Ordinance is moving along and on track to be 6 GAPlanning\Monica OReilly\Planning Commission\2012\Minutes\8-21-12 min.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 21, 2012 adopted by the end of the year. The consultant informed him that Palm Desert's ordinance was unique with a lot of unusual setbacks compared to other cities, which has been a bit of a challenge for him. Vice Chair De Luna asked if this was the time to have a discussion about the stand-alone massage establishments. Ms. Aylaian responded that staff will be ready to bring a recommendation and revisions to the Planning Commission on the Zoning Ordinance in September, and at that time, staff will make a full presentation and walk through the changes and reasoning behind them. Vice Chair De Luna asked if in the meantime nothing had changed. Ms. Aylaian confirmed nothing had changed, because part of the Ordinance is covered in Title 25, which is the Zoning Ordinance, and the majority of controls over massage establishments is contained in Title 5 — Finance and Revenue. Technically, only the parts that change Title 25 would come before the Planning Commission before the City Council. However, staff will bring the whole package to the Planning Commission to show the controls and limitations the City will have over massage establishments and massage therapists. She said the Zoning Ordinance will come before the Planning Commission and then the City Council for two readings before any changes can be enacted. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION Commissioner Tanner stated the Parks and Recreation Commission did not have a meeting this month but heard Palm Desert's Fourth of July Celebration was the biggest and best ever. Additionally, the Palm Desert Aquatic Center for the month of July set attendance records. There was an average of 162 participants daily, and the total income was $62,647. The actual revenues will exceed budget expectations-, therefore, the City's shortfall will be far less than what was budgeted for last year. He said Aquatic Center Manager Karen Creasey brought all kinds of good programs to the kids' attention. Initially, she only had five or six kids in the swim program, and it was now up to 60 or 70. He believed the Aquatic Center was something the City of Palm Desert needed, and it was not going to pay for itself any time soon, but it was moving in the right direction. 7 G.\Planning\Monica OReilly\Planning Commission\2012\Minutes\8-21-12 min.dou MINUTES PALM DESERT PLANNING COMMISSION AUGUST 21, 2012 C. PROJECT AREA 4 COMMITTEE am None XI. COMMENTS Chair Campbell inquired about future Planning Commission meetings. Ms. Aylaian and Mr. Bagato explained that originally they had planned to have three cases this evening, but two were withdrawn. They don't expect to have a meeting after Labor Day, but do expect to address the massage ordinance and Villa Portofino for the second meeting in September. XII. ADJOURNMENT Upon a motion by Tanner, second by Limont, and 5-0 vote of the Planning Commission, Chair Campbell adjourned the meeting at 6:26 p.m. 'SONIA CAMPBELL, CHAfk ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION too 8 G.\Planning\Monica OReilly\Planning Commission\2012\Minutes\8-21-12 min.docx