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HomeMy WebLinkAbout2013-10-01 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES • TUESDAY, OCTOBER 1, 2013 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Nancy DeLuna called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Commissioner Ken Stendell Commissioner John Greenwood Commissioner Sonia Campbell Vice Chair Roger Dash Chair Nancy DeLuna am Staff Present: Jill Tremblay, City Attorney Lauri Aylaian, Director of Community Development Tony Bagato, Principal Planner Eric Ceja, Associate Planner Kevin Swartz, Assistant Planner Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Sonia Campbell led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Mr. Tony Bagato, Principal Planner, reported that at the meeting of September 24, the City Council requested that the illuminated signage ordinance amendment go before the El Paseo Business Improvement District. The illuminated amendment was continued to the last City Council meeting of October. He stated that the City Council approved the ordinance amendment to am allow A-frames and the amendment to reduce the parking requirements. MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 1, 2013 Chair DeLuna asked if a date was specified for the A-frame signs. Mr. Bagato stated that the A-frame signs will be allowed on El Paseo during the summer months. He noted that both A-frames and pedestal signs will be allowed on El Paseo. Chair DeLuna asked what the dates during the summer months are. Mr. Bagato replied that the summer months are June 1 through October 1. He said that the amendment will go to a second reading on October 10, and then it will take 30 days before it goes into effect (November 10). V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of September 17, 2013. Rec: By Minute Motion, approve as presented. Upon a motion by Commissioner Campbell, second by Commissioner Stendell, and a 5-0 vote of the Planning Commission, the Consent Calendar was approved as presented. VI1. CONSENT ITEMS HELD OVER None VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a Conditional Use Permit to allow a private fitness studio with one-on-one personal training located at 74350 Alessandro Drive, Suite A-2, in the R-3(4) zone (Residential Multiple Family). Case No. CUP 13-293 (Roger Paul Johnson, 73110 Santa Rosa Way, Palm Desert, CA 92260, Applicant). Mr. Kevin Swartz, Assistant Planner, reported that the property is located north of Alessandro Drive, west of Deep Canyon Road, and east of Portola Avenue. The site is currently zoned Multiple Family Residential. He said that to the north is Single Family Residential, to the south is General Commercial, and to the east and west is Multiple Family Residential. On January 11, 1990, the Planning Commission approved Conditional Use Permit 89-12 for two single-story buildings for office professional use. He stated that the applicant has leased Suite A-2, which is 2,665 square feet. The training studio will have up to five full- time personal trainers who work by appointment only, and they will not have more than 10 people at one time (five trainers/five clients). The hours of 2 GAPlanning\Monica OReilly\Planning CommissionTOMMinutes\10-1-13 min.dou MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 1, 2013 operation are between 6:00 a.m. and 6:00 p.m. Monday through Sunday. Mr. Swartz presented a floor plan. He said the training studio will only utilize 10 parking spaces. Staff believes that parking is more than adequate, and there will am still be parking spaces available for future office professional uses. He noted that personal one-on-one training is a low intensity use with no music, running, or outdoor training within the parking lot or the surrounding residential area. Mr. Swartz stated that staff recommends to waive further reading and adopt Resolution No. 2612, approving Conditional Use Permit No. 13-293. He offered to answer any questions. Commissioner Ken Stendell asked what the parking requirements are for suites B-1, B-2, and B-5. How will they impact the parking if they were fully occupied? Mr. Swartz responded that parking for the building is four spaces per 1,000 square feet. The applicant at the time provided 41 parking spaces. Chair DeLuna declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MR. RON EPLING, 77880 Mountain View, Palm Desert, California, offered to answer any questions. Chair DeLuna asked the applicant if there was anything that he would like to state about the business. MR. EPLING stated that they are not the typical large box gym that would have a large membership. He noted that they will not have memberships or group classes. He also noted that his clientele are mostly mature. Chair DeLuna asked if it is by appointment only. MR. EPLING replied yes. Commissioner Campbell asked if they have a facility somewhere else. MR. EPLING responded that he currently works at World Gym located on Town Center Way. Commissioner Campbell asked if he will bring his clientele from World Gym to the private gym. MR. EPLING replied yes. Commissioner John Greenwood asked the applicant if he had any concerns with noise generated from the gym disturbing the adjacent office spaces. r..r MR. EPLING responded that he does not have any concerns. He said that he. does not foresee any noise emanating beyond their walls. He stated that they are 3 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\10-1-13 min.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 1, 2013 breaking away from the big gyms, and that their clientele do not enjoy the loud noise. Vice Chair Roger Dash asked what is their source of clients. Is it through advertising? MR. EPLING said that their clients are from word of mouth. MR. ROGER JOHNSON, 73110 Santa Rosa Way, Palm Desert, California, stated that he is the other owner, and currently works at the World Gym. He mentioned that there will be another trainer starting with them, and they hope to hire one or two more trainers down the road. Commissioner Campbell asked if they are only going to have two trainers when they open. MR. JOHNSON replied that they would have three with a fourth trainer starting in January. Commissioner Campbell asked if they are busy throughout the day. MR. JOHNSON responded that they can be busy. He said that during the winter they can train up to 10 people; however, they really do not want to do that anymore. He commented that during the summer they train up to five people a day. ..rr Commissioner Campbell inquired if they train more than an hour per person. MR. JOHNSON replied that generally they train for one hour. Commissioner Stendell asked how many clients come in before 8:00 a.m. MR. JOHNSON responded 10 to 20 percent of the clients are before 8:00 a.m. Commissioner Stendell asked if they are requesting to be open from 6:00 a.m. to 6:00 p.m. seven days a week. MR. JOHNSON said that they will not be open from 6:00 a.m. to 6:00 p.m. on the weekends. They will probably be open from 7:00 or 8:00 a.m. to noon or 4:00 p.m. He mentioned that they usually do not train on Sundays. Commissioner Stendell asked the applicant if they understand the complaint process. If there is a complaint, they may have to amend the hours of operation. MR. JOHNSON replied yes. Commissioner Stendell asked the applicant if they reviewed and understood the conditions set forth by the Department of Community Development. 4 GAPlanning\MonicaOReilly\Planning Commission\2013\Minutes\10-1-13 nin.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 1, 2013 MR. JOHNSON replied yes. MS. ABBE FLEMMING, 44836 Santa Ynez Avenue, Palm Desert, California, stated that she has been living on Santa Ynez for 26 years. She voiced that the Venture Commerce Center has had nothing but problems. Ms. Flemming noted that the center only has 33 parking spaces, including handicap. She stated her concern is with not enough parking. If there is not enough parking, people start parking on Santa Ynez and in front of her driveway. She also stated that a right- hand turn is not allowed coming out of the center onto Santa Ynez; however, people still make the right turn down Santa Ynez. She mentioned that if the center gets full, the trainers only have eight parking spaces, and not enough for 10 people. Ms. Flemming noted that they also have people from The Hood driving down her street. She feels that no one is protecting the home owners and she feels frustrated. Chair DeLuna asked staff if there is response to Ms. Flemming's concern. Mr. Swartz explained that when he conducted the parking study, the study indicated there are enough parking spaces. He mentioned that two businesses only work during the evening hours, and another business is a hair salon that is by appointment only. Chair DeLuna inquired what the plan is if there are not enough parking spaces in the future. Mr. Swartz responded that he has never seen the parking lot full; however, he imagines that people will park on the street. He said there is parking available on Alessandro Drive. He also said there is a "no right turn" sign as you are coming out of the center, but he is not sure how that could be regulated. Chair DeLuna asked Ms. Flemming if parking is worse on the weekend. MS. FLEMMING responded there was a problem when the modeling business was at the center. She noted that people prefer to park on Santa Ynez Avenue because it is closer. She stated that the center is supposed to be an office building and not a modeling school, a barber college, or real estate school. She said the hours should be 9:00 a.m. to 5:00 p.m. or 9:00 a.m. to 6:00 p.m. Chair DeLuna thanked Ms. Flemming for voicing her concerns. Chair DeLuna asked Mr. Swartz to discuss the number of parking spaces the applicant is allotted for the proposed use. Mr. Swartz responded that when the buildings were approved, there were 41 parking spaces with shared parking. Staff believes that there is adequate parking with the maximum of 10 people at one time for the proposed use. Chair DeLuna inquired about the eight parking spaces Ms. Flemming referred to. 5 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\10-1-13 min.dou MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 1, 2013 Mr. Swartz replied that he is not sure which eight parking spaces Ms. Flemming is referring to. Chair DeLuna asked if there are 33 or 41 parking spaces. Mr. Swartz responded that he counted 41. Ms. Lauri Aylaian, Director of Community Development, stated that it is relevant to note that in the event this use does not go in, and an office use goes into that space, which is allowed by right without coming to the Planning Commission, then that office space will be entitled to 10 parking spaces. Commissioner Campbell asked if they could have the trainers' park on the street along Alessandro Drive. Mr. Swartz responded that could be part of the motion. Commissioner Campbell recommended adding to the conditions of approval to have the trainers park on Alessandro Drive so there are more spaces for their clients. Mr. Swartz stated that the applicant agrees to the added condition. MS. FLEMMING stated that her other concern is if the applicant decides to have spin or zumba classes, and they will then have 20 people attending classes. She voiced that she wants to make sure the conditions are true and correct. Commissioner Campbell reaffirmed that is one of the conditions of approval. Mr. Swartz stated that Condition No. 12 states that the applicant could only have a maximum 10 people. If the applicant is working outside of the conditions of approval, staff could bring it back to the Planning Commission to recommend revoking the Conditional Use Permit. MR. SURESH SHAH, 40530 Morningstar Road, Rancho Mirage, California, stated that he is not sure why the this case is before the Planning Commission. He said that the applicant will have one-on-one personal training by appointment only. It is not a gym open to the public. He feels that the Conditional Use Permit should be approved. With no further testimony offered, Chair DeLuna declared the public hearing closed. Commissioner Campbell moved, by Minute Motion, to approve Conditional Use Permit No. 13-293 to operate a private fitness studio with one-on-one training at 74350 Alessandro Drive, Suite A-2, and adding Condition No. 22 to the conditions to have the trainers park on Alessandro Drive and that their clients park accordingly. Motion was seconded by Commissioner Dash and carried by a 5-0 vote. 6 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\10-1-13 min.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 1, 2013 Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2612. Motion was seconded by Commissioner Stendell and carried by a 5-0 vote. Chair DeLuna thanked the applicant for choosing to do business in Palm Desert, and wished the applicant the best of luck with their business. Mr. Bagato added that the previous Director of Planning was a little more liberal with the uses in this area. He stated that staff has informed Mr. Shah that the City will be following the office standards. He also stated that staff has provided Mr. Shah with s copy of the conditions of approval. Commissioner Stendell mentioned that he drove by the site, and noted that there is a sign that says "no left turn." He noted that any car that is licensed in the State of California can drive on any road, any time, and any place. He said to keep a car from turning right is difficult; however, he understood that a car coming out of a commercial into a residential area is sometimes burdensome. Commissioner Stendell suggested adding "no parking signs" or are there things that can be explored to help facilitate people from parking in front Ms. Flemming's home. Mr. Bagato responded that staff will talk to the Department of Public Works to see what other options are available. Ms. Flemming mentioned that it is not only people from the center they have issues with; they also have people from The Hood parking in front of their home. She commented that one night someone from The Hood knocked their mail box down and drove away. IX. MISCELLANEOUS None X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Stendell reported that the Art in Public Places Commission looked at proposals for the painting of traffic signal cabinets at three different locations. He mentioned that Ms. Deborah Schwartz, Management Analyst, is still looking for docents for the Public Art Docent Program. Chair DeLuna asked how does the city select which traffic signal cabinets get painted. Ms. Aylaian responded that staff works with the Department of Public Works to identify locations based upon proximity to other art pieces where there is visibility. 7 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\10-1-13 min.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 1, 2013 B. PARKS & RECREATION Vice Chair Dash reported that the Park & Recreation Commission members were asked to contribute to the Palm Desert Strategic Plan. He noted that park and recreation programs will be affected by the loss of development funds. He said that there is a possibility of changing the thinking in parks and recreation in terms of having activities that bring in revenue, which has not been a focus of Palm Desert. He also reported that the development of a park near the 1-10 is planned to be a regional park. Vice Chair Dash asked Ms. Aylaian if she is familiar with the Strategic Plan. Ms. Aylaian replied yes. She said that there is a subcommittee for land use, housing, and open space. Chair DeLuna and she are members of that subcommittee. She commented that Mr. Bagato is on the sustainability subcommittee. There are members of the community at large also on the subcommittees. Vice Chair Dash commented that at the last Planning Commission meeting he mentioned there was a parking issue at the University Park dog park. He said that staff is looking at enlarging the dog park at Freedom Park, which is a regional park. He said that staff is also looking at building a temporary park near the 1-10. Chair DeLuna referred to the regional park that Vice Chair Dash mentioned near the 1-10. She asked who decides to bring forward a regional park. Is it the u. Planning Department, the City Council, or someone from the outside? Ms. Aylaian explained that a regional park is a park that people would generally drive to and take advantage of the amenities. The city currently has two regional parks: Civic Center Park and Freedom Park. A neighborhood park is a park that serves a neighborhood, and people are expected to walk or ride their bikes to it. She said that a neighborhood park does not have a lot of parking because you are not trying to draw outside traffic into a neighborhood. She stated that the city has land for a third regional park. It is anticipated that at build out that would be the sum total of all regional parks in the city. Ms. Aylaian stated that the third regional park will be located at the north end of Portola. It is 36 acres of which 10 acres have been identified as for affordable housing use (26 acres for a regional park). Chair DeLuna asked what a bare bones park would cost. Ms. Aylaian responded that she does not have those figures. She noted Freedom Park cost approximately $7 million to develop. 8 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\10-1.13 min.dou MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 1, 2013 XI. COMMENTS Ms. Aylaian introduced Mr. Eric Ceja, the Planning Department's new Associate wo Planner. He is a valley native and had been a planner for seven years in the City of La Quinta. The Planning Commission welcomed Mr. Ceja, and said that they look forward to his first presentation. XII. ADJOURNMENT Upon a motion by Vice Chair Dash, second by Commissioner Greenwood, and a 5-0 vote of the Planning Commission, Chair DeLuna adjourned the meeting at 6:52 p.m. ��ez Ze-��q NANCY D UNA, CHAIR ATTEST: LAURI AYLAIAN, SECRETAR PALM DESERT PLANNING C06i�1ISSI01\1 9 GAPlanning\Monica OReilly\Planning Commiss1on\2013\Minutes\10-1-13 min.dou