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Home My WebLink About2013-01-15 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES • TUESDAY, JANUARY 15, 2013 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Sonia Campbell called the meeting to order at 6:00 p.m. 11. ROLL CALL Present: Commissioner Roger Dash Commissioner Connor Limont Vice Chair Nancy DeLuna Chair Sonia Campbell taw Staff Present: Bob Hargreaves, City Attorney Lauri Aylaian, Director of Community Development Tony Bagato, Principal Planner Kevin Swartz, Assistant Planner Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Limont led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Aylaian, Director of Community Development, stated that at the meeting of January 10, the City Council approved the design guidelines for outdoor dining extending into the public right-of-way on El Paseo. V. ORAL COMMUNICATIONS None MINUTES PALM DESERT PLANNING COMMISSION JANUARY 15, 2013 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of December 18, 2012. Rec: By Minute Motion, approve as presented. B. REQUEST FOR CONSIDERATION of a lot line adjustment (APN 771-370- 006 & 771-190-040) at Bighorn Golf Club. Case No. PMW 12-209 (Murray B. Hall, 348 Metate Place, Palm Desert, CA; and RCE Consultants, Inc., 23332 Mill Creek Drive, Suite 205, Laguna Hills, CA, Applicants). Rec: By Minute Motion, approve a lot line adjustment, Case No. PMW 12- 209. C. REQUEST FOR CONSIDERATION of a lot line adjustment (APN 771-280- 006) at Bighorn Golf Club. Case No. PMW 12-397 (David Sambol, 23807 Long Valley Road, Hidden Hills, CA; and McGee Surveying, Inc., 45100 Golf Center Drive, Suite G, Indio, CA, Applicants). Rec: By Minute Motion, approve a lot line adjustment, Case No. PMW 12- 397. Upon a motion by Limont, second by Dash, and 4-0 vote of the Planning Commission, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS A. ELECTION of Chairperson and Vice Chairperson. Chair Campbell moved, by Minute Motion, to appoint Vice Chair DeLuna as Chairperson, and Commissioner Dash as Vice Chairperson. Motion was seconded by Limont and carried by a 4-0 vote. B. APPOINTMENT of Commission Liaisons for Art in Public Places and Parks and Recreation. Chair Campbell commented that she has been the Art in Public Places Commission liaison for many years, and has decided to give up her seat. Commissioner Limont stated that she would take the seat. NNW GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\1-15-13 min.dou MINUTES PALM DESERT PLANNING COMMISSION JANUARY 15, 2013 Ms. Aylaian noted that the Art in Public Places Commission meets the third Wednesday of the month at 9:00 a.m. in the Community Services Conference Room (by Planning Department). Vice Chair DeLuna nominated Commissioner Dash for the Parks and Recreation Commission. Chair Campbell moved, by Minute Motion, to appoint Commissioner Limont as the Art in Public Places Commission liaison, and Commissioner Dash as the Parks and Recreation liaison. Motion was seconded by DeLuna and carried by a 4-0 vote. IX. PUBLIC HEARINGS A. REQUEST FOR RECOMMENDATION to the City Council to approve amendments to Title 25 Zoning of the Palm Desert Municipal Code (PDMC) regarding massage business zoning and land use restrictions. Ms. Aylaian stated that she has updated the Planning Commission in recent months regarding the City's effort to change the way that massage establishments are handled and the licensing process in the City. She said most of the requirements are covered under Title 5, and not under Title 25 of the Zoning Ordinance. The majority of the work associated with this change will be addressed by the City Council. She stated the only component too associated with the Planning Commission is the items that Mr. Swartz addresses in his report. Ms. Aylaian made clear that this is being done to comply with the State law. Mr. Kevin Swartz reported in 2009 the State adopted Senate Bill (SB) 731, which created the California Massage Therapy Council (CAMTC). The CAMTC is in charge of the oversight of the educational standards, certification process, and enforcement within the industry. He stated SB 731 prohibits local government from imposing different zoning restrictions on CAMTC certified individuals and businesses than are imposed on other business that provide professional or personal services, such as barbers and nail salons. He stated that SB 731 was amended by Assembly Bill (AB) 619, which says that local governments may adopt zoning regulations to CAMTC certified individuals and businesses as long as those regulations are no different than the requirements to all individuals and businesses providing professional services within that zone. AB 619 allows massage businesses in any zone where professional services are permitted, and requires that the City apply the same zoning restrictions to the massage business as they would for any other personal service in that zone. 3 G:\Planning\Monica OReilly\Planning Commission\2013\Minutes\1-15-13 min.docx MINUTES PALM DESERT PLANNING COMMISSION JANUARY 15, 2013 Mr. Swartz said that they are here tonight to amend the Zoning Code to comply with AB 619, and the certified massage businesses must be added as oleo a conditional use in the Agriculture zone and the Public Institutional zone. He displayed and referred to a copy of the current Zoning Code. He pointed out that the reason text has to be added is because both zones have a clause under prohibited uses. He said if the uses are not listed as a conditional use, they are not permitted under a Conditional Use Permit. Staff recommended that the Planning Commission adopt Resolution No. 2596. Mr. Swartz offered to answer any questions. Vice Chair DeLuna asked what is there to prevent two or three massage and/or a tattoo parlors going into business next to each other on El Paseo. Are there limitations that could be imposed based on use? Mr. Swartz responded not at this time. He mentioned that a couple of years ago staff took the issue of tattoo businesses to the City Council, but they did not want to impose any limitations at that time. Vice Chair DeLuna asked specifically what are the additions to the Code. Mr. Swartz replied there are only two text amendments to add a Certified Massage Business under a Conditional Use Permit in the Agriculture District and Public Institution District. Vice Chair DeLuna asked if the Planning Commission is not allowed to condition or restrict two or more massage and/or tattoo parlors to open a business next to each other. Ms. Aylaian responded no. If the businesses are certified by the CAMTC, they are allowed under State law. Vice Chair DeLuna asked the City Attorney if the City could impose a standard so they would not have two of these businesses of this type next door to each other. Mr. Bob Hargreaves responded if the business is certified under State law, they have to be treated like any other business. He stated tattoo parlors are not protected in the same way as massage parlors so tattoo parlors could have an anti-cluster provision and could probably be banned outright. Commissioner Dash asked when the term "clustering" is used, does it mean the same type of business. Ms. Aylaian replied the same type of business, for example, car dealerships. She said several years ago they looked at prohibiting the number of tattoo m shops or the proximity of one to another. The item was debated by the 4 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\1-15-13 min.dou MINUTES PALM DESERT PLANNING COMMISSION JANUARY 15, 2013 Planning Commission, and it went to the City Council for consideration. She stated the City Council decided to not regulate the tattoo parlors. At the time, there were six tattoo shops, and three of them subsequently went out of business. She stated that in the absence of regulation at a local level, the market can determine whether or not there is a call for a particular type of business. Vice Chair DeLuna inquired how many stand alone massage parlors are currently in Palm Desert? Mr. Swartz replied he did not have an exact number, but there are five to seven throughout the City. Commissioner Limont inquired if the City does require that they are licensed by the State. Ms. Aylaian responded that they are going to ask the City Council to change that so the State (CAMTC) does all the licensing. Commissioner Limont commented if the City wanted to have control of this issue, the City would have to demand that every business receive a Conditional Use permit. Mr. Swartz replied that is correct. Commissioner Dash stated the State does the licensing. Who is doing the monitoring? Ms. Aylaian responded CAMTC processes the licensing. CAMTC also investigate complaints, performs background checks, and conducts sting operations at massage schools. She stated that the City will continue to have local Code Enforcement and Police involved in investigations. Commissioner Dash commented that he does not think the legitimacy of the massage certificates or degrees and illicit activities occurs in Palm Desert, but in larger cities there is a problem of what is being conducted. Ms. Aylaian stated that this does happen across the Coachella Valley. For that reason, legislation was passed to protect the legitimate facilities from being dragged down by the illegitimate ones. Vice Chair DeLuna inquired where the closest CAMTC office located. Mr. Swartz replied Sacramento. 5 GAPlanning\Monica OReilly\Planning Comm ission\2013\Minutes\1-15-13 min.docx MINUTES PALM DESERT PLANNING COMMISSION JANUARY 15, 2013 Vice Chair DeLuna said if there is a complaint or request an investigation, does the City contact CAMTC or local law enforcement? Mr. Swartz responded both could be contacted. Ms. Aylaian interjected that the City would continue to investigate and prosecute reports of prostitution or any illegal activity. 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. With no further testimony offered, Chair Campbell declared the public hearing closed. Vice Chair DeLuna commented she is not happy about it, but the State has taken control of the regulation of standalone massage parlors. She stated they have no other choice, but to make sure the City regulates them carefully, follows up, and has access to law enforcement agencies to enforce if there are local complaints. Commissioner Limont and Dash agreed with Vice Chair DeLuna's comments. Commissioner Limont moved, by Minute Motion, to amend Title 25 Zoning of the Palm Desert Municipal Code regarding massage business zoning and land use restrictions. Motion was seconded by Chair Campbell and carried by a 4-0 vote. Chair Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2596. Motion was seconded by Limont and carried by a 4-0 vote. X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None 6 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\1-15-13 min.dou MINUTES PALM DESERT PLANNING COMMISSION JANUARY 15, 2013 XII. COMMENTS Commissioner Limont asked if there is going to be a citrus drop off soon. Ms. Aylaian responded she would look into it, and would give Commissioner Limont a call. XIII. ADJOURNMENT Upon a motion by Campbell, second by Limont, and 4-0 vote of the Planning Commission, Chair Campbell adjourned the meeting at 6:21 p.m. SONIA CAMPBELL, CHAT ATTEST: LAURI AYLAIAN, SECREIWRY- PALM DESERT PLANNING COMMISSION 7 G\Planning\Monica OReilly\Planning Commission\2013\Minutes\1-15-13 min.dou