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HomeMy WebLinkAbout2013-05-07 PC Regular Meeting Minutes CITY OF PALM DESERT • PALM DESERT PLANNING COMMISSION MINUTES TUESDAY, MAY 7, 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 Staff Present: Jill Tremblay, City Attorney Lauri Aylaian, Director of Community Development Kevin Swartz, Assistant Planner Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Chair DeLuna led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Lauri Aylaian, Director of Community Development, reported that at the meeting of April 25, the City Council had no items on the agenda related to Planning Commission actions or recommendations. V. ORAL COMMUNICATIONS None MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 2013 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of April 16, 2013. Rec: By Minute Motion, approve as presented. B. REQUEST FOR CONSIDERATION of a lot line adjustment (APNs 771-500- 006 & 771-500-012, Tract No. 28575-3) at Canyons at Bighorn. Case No. PMW 12-205 (James L. Evans, 1457 130t" Avenue NE, Bellevue, WA 98005, Applicant) Rec: By Minute Motion, approve a lot line adjustment, Case No. PMW 12- 205. C. REQUEST FOR CONSIDERATION of an extension for the remodel and addition to the existing Jensen's Shopping Center. Case No. PP 07-14 (Bill Lang, Commerce Realty, 149 Palos Verdes Blvd, Suite E, Redondo Beach, CA 90277, Applicant) Rec: By Minute Motion, approve the extension (until May 7, 2014) to Case No. PP 07-14. Upon a motion by Dash, second by Campbell, and a 5-0 vote of the Planning Commission, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a Conditional Use Permit (CUP) to operate a therapy/tutoring facility using physical activity and talk therapy in an existing Service Industrial zone located at 74-894 Lennon Place, Suite A-1, APN 624-290-016. Case No. CUP 13-122 (Teresa Adams, 44-059 Vigo Court, Palm Desert, CA 92260, Applicant) Ms. Aylaian informed the Planning Commission that Ms. Missy Nale resigned, and the City will be filling her position. In the meantime, Mr. Swartz will complete the planning and processing of this application. Chair DeLuna wished Ms. Nale the best with her newborn. Mr. Kevin Swartz, Assistant Planner, reported that the property is located on the northwest corner of Lennon Place and Eclectic Street, and south of Hovley Lane East. The property is zoned Service Industrial with properties to the north, south, east, and west also zoned Service Industrial. 2 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\5-7-13 min.docx MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 2013 He stated that the applicant is requesting a counseling and tutoring business in a Service Industrial zone. The business currently operates three to four days during the week from 4:00 p.m. to 6:00 p.m., and 8:00 a.m. to 6:00 p.m. on the weekends during the school year. The summer hours are 8:00 a.m. to 6:00 p.m. Monday through Sunday. He communicated that the applicant provides counseling and tutoring to individuals and small groups not exceeding three clients. Mr. Swartz presented a site and floor plans. He noted that the business would have no more than three clients and two employees on the premises at one time. A parking study was done, and five vehicles would not have a detrimental effect on this center. He said the physical activity in small groups may provide for higher level of noise; however, the business is located in a Service Industrial zone. Car repair shops are located within the center, and staff does not anticipate this use to generate more noise than any other use typically found in a Service Industrial zone. Mr. Swartz stated that staff does not have any objections to this proposed use and recommends that the Planning Commission adopt Resolution No. 2602 approving the Conditional Use Permit. He offered to answer any questions. Chair DeLuna inquired if the center is fully leased at this time. Mr. Swartz replied that he did not know. Chair DeLuna stated that if it is not fully leased, does staff anticipate there would be enough parking when it is fully leased. Mr. Swartz responded yes. He said it is a Service Industrial zone, which requires two parking spaces per 1,000 square feet. Therefore, 47 spaces are required for the center. The center has a total of 61 parking spaces. Commissioner Stendell asked staff if they know the hours of CJ's Cafe. Mr. Swartz replied that he did not know. A member from the audience voiced that the cafe is open till 2:00 p.m. Commissioner Stendell clarified that once the cafe closes at 2:00 p.m. the cafe's parking would be available. Mr. Swartz replied yes. Commissioner Campbell asked where the applicant is currently located. Mr. Swartz responded that the applicant is present, and that the applicant could address the question. Ms. Aylaian noted that this is a continuation of an existing business. The existing business was in a building that recently has been closed. She stated that the City allowed the applicant on a Temporary Use Permit to occupy the space that is 3 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\5-7-13 min.docx MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 2013 proposed for a Conditional Use Permit. Ms. Aylaian clarified that the applicant is currently in the space and operating on a temporary basis. Chair DeLuna 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. TERESA ADAMS, 44-059 Vigo Court, Palm Desert, California, stated her name for the record. Chair DeLuna asked Ms. Adams if she would like to provide the Planning Commission with additional information or services that is not listed in the staff report. MS. ADAMS responded that she believes the staff report was sufficient. She offered to answer any questions. Commissioner Dash asked the applicant if she is counseling and advising individuals and groups. MS. ADAMS replied that was correct. She stated she is a registered play therapist, and a licensed marriage and family therapist and a credential teacher. Commissioner Dash inquired if there is list of areas that the applicant specializes in, or if she responds to requests from clients as they come in. MS. ADAMS responded that she operates this business part-time because she is a full-time school counselor. From the therapy side, the majority of the clients come from the Coachella Valley Autism Society. She said she provides social skills groups twice a month for them. Ms. Adams stated she is a licensed marriage and family therapist so that is open to all areas. Chair DeLuna asked if there is tutoring in conjunction with schools, or is this something outside of the purview of the actual curriculum. MS. ADAMS replied that it is outside of the curriculum. She said that her tutoring is homework assistance, and that she does communicate with parents and teachers. Commissioner Stendell referred to the floor plan, and asked what type of physical activity would be done in the large warehouse section. MS. ADAMS responded that for tutoring and group therapy she would have different games to help the children learn to cooperate with each other, and to teach them leadership skills. When she works with adolescents, it is more of a structured physical activity. She mentioned her husband is a personal trainer so he'll work with them for an hour, and then the second hour is therapy with her. 4 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\5-7-13 min.dou MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 2013 Commissioner Stendell asked the applicant if she anticipates opening the back warehouse door. MS. ADAMS replied that they would open the door for air. She said that the only time they would have it completely open is for cleaning. Chair DeLuna asked what the age group of students she works with is. MS. ADAMS replied that the age groups are from pre-school to age 16. Commissioner Greenwood asked the applicant if she knew the occupancy or the use of the adjacent suite. MS. ADAMS answered that she believes the business next door creates glass artifacts. Commissioner Greenwood asked if the adjacent business closes at 5:00 p.m. MS. ADAMS said she believes they have various hours. Commissioner Greenwood asked the applicant if she has any concerns with creating noise for the adjacent business due to the physical activities. MS. ADAMS responded that the noise would be no louder than what you hear in Now an industrial zone. Commissioner Greenwood mentioned that there is a tentative improvement floor plan in the packet, and asked if that is what the applicant is proposing. MS. ADAMS replied that it is a floor plan, which was requested by City staff. MR. ROBERT ADAMS (husband of applicant), 44-059 Vigo Court, Palm Desert, California, commented on the back door being open. He said the suite has a swamp cooler, and it was suggested to crack the door open for air flow, which is the only time the door would be open. He also commented that the adjacent business owner was concerned that his noise would interfere with the therapy and tutoring because he does grinding of ceramic and glass. Chair DeLuna asked if the door is cracked open and children are present, is there a way to monitor so no one could surreptitiously enter unannounced. MR. ADAMS replied yes. He said the roll up door could be locked in place so it cannot be raised or lowered, even if the door is on a cinder block. He stated that it would be hard to open when it is locked, and he is the only one with a key. Chair DeLuna asked how high up the door would be open. 5 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\5-7-13 min.docx MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 2013 MR. ADAMS replied as high as a cinder block, which is 11 to 12 inches. He commented that there is another door that is locked at all times. With no further testimony offered, Chair DeLuna declared the public hearing closed. Commissioner Campbell said she would move for approval. Commissioner Dash commented that any assistance that could be given to parents and teachers is welcomed in Palm Desert, and he would also move for approval. Commissioner Campbell moved, by Minute Motion, to approve a therapy and tutoring facility using physical activity and talk therapy in an existing Service Industrial zone located at 74-894 Lennon Place, Suite A-1, APN 624-290-016. Motion was seconded by Dash and carried by a 5-0 vote. Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2602, subject to conditions. Motion was seconded by Dash and carried by a 5-0 vote. IX. MISCELLANEOUS None X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None XI. COMMENTS Ms. Aylaian reminded the Planning Commission of the Joint Study Session between the City Council and the Planning Commission scheduled for May 9 at 2:00 p.m. relative to the Zoning Update. She mentioned that there are no cases for the second Planning Commission in May. Ms. Aylaian welcomed the College of the Desert students, and thanked them for participating. Mr. Swartz interjected that he has a case for the May 21 Planning Commission meeting. 6 G\Planning\Monica OReilly\Planning Commission\2013\Minutes\5-7-13 min docx MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 2013 Chair DeLuna asked the College of the Desert students in the audience if they had any questions. The students did not have questions. Chair DeLuna mentioned to the students that they are welcome to attend Planning Commission meetings. The Commission enjoys class participation and appreciates being part of their education process. XII. ADJOURNMENT Upon a motion by Greenwood, second by Stendell, and a 5-0 vote of the Planning Commission, Chair DeLuna adjourned the meeting at 6:22 p.m. NANCY D LUNA, CHAIR ATTEST: LAURI AYLAIAN, SECRETARY . 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