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Home My WebLink About2014-10-21 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES TUESDAY, OCTOBER 21, 2014 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Vice Chair Ken Stendell called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Absent: Commissioner John Greenwood Chair Roger Dash Commissioner Sonia Campbell Commissioner Nancy DeLuna Vice Chair Ken Stendell Staff Present: Jill Tremblay, 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 John Greenwood led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Lauri Aylaian, Director of Community Development, reported that at the meeting of October 9, 2014, the City Council voted to establish a public hearing on November 11, 2014, for the decision to accept or reject a dedication of drainage easement from The Summit. V. ORAL COMMUNICATIONS None MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2014 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of October 7, 2014. Rec: By Minute Motion, approve as presented. B. REQUEST FOR CONSIDERATION of lot line adjustments at Marriott Shadow Ridge (APNs 694-350-043, 694-350-044, & 694-350-045). Case Nos. PMW 14-316 & PMW 14-317 (Marriott Ownership Resorts, Inc., 6649 Westwood Boulevard, Orlando, Florida 32821, Applicant). Rec: By Minute Motion, approve lot line adjustments, Case Nos. PMW 14- 316 & PMW 14-317. Upon a motion by Commissioner Campbell, second by Commissioner DeLuna, and a 4-0-1 vote of the Planning Commission (AYES: Campbell, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: Dash), the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None Vlll. NEW BUSINESS Now None IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of adoption of a Notice of Exemption of Environmental Impact, and approval of an amendment to Conditional Use Permit 07-09 to allow three massage therapy rooms within an existing massage business (Japan Spa) located at 73-981 Highway 111 . Case No. CUP 07-09 Amendment No. 1 (Jun Qing Gu, 73-981 Highway 111, Palm Desert, California 92260, Applicant). Mr. Kevin Swartz, Assistant Planner, stated that the property is located on the southern frontage road of Highway 111. He displayed photos of the building and parking lot. He noted that the Planning Commission approved Conditional Use Permit (CUP) 07-09 to allow a massage establishment (Japan Spa) within a 600- square-foot suite. It was originally approved with a maximum of three massage therapists, an open room with two massage tables, two reflexology seats, two shiatsu tables, a reception area, and an enclosed lunchroom. He said that the applicant is proposing to amend the existing CUP to convert the suite into three 72-square-foot massage therapy rooms, with a massage table in each room. The project also includes a staff lounge, receptionist area, and a corridor area. He too also said that the applicant is proposing to employ two therapists that are State certified. He noted that the hours of operation would remain the same. He briefly 2 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\10-21-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2014 went through the conditions of approval. Mr. Swartz stated that staff recommends approval, and he offered to answer any questions. Commissioner Nancy DeLuna asked if the-owner were to sell the establishment, would all the subsequent owners be conditioned by the CUP. Mr. Swartz replied yes. He stated that all CUPs stay with the property. Commissioner DeLuna inquired if there has ever been any police activity at Japan Spa. Mr. Swartz responded that not at this location. Commissioner Sonia Campbell asked how much time is each massage. Mr. Swartz deferred the question to the applicant. Commissioner Campbell inquired if the applicant is comfortable with the conditions. Mr. Swartz replied yes. The applicant communicated to Mr. Swartz that massages would last one hour. Commissioner DeLuna asked if Condition No. 4, which limits the maximum of two massage tables is being removed from the original CUP. Is it correct that Condition No. 7 supersedes Condition No. 4 so there are no more than three tables on the premises? Mr. Swartz responded that is correct. Vice Chair Stendell declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. With no testimony offered, Vice Chair Stendell declared the public hearing closed. Commissioner Greenwood suggested that the applicant hire a qualified architect or designer to draw the plans. He noted that the applicant may be required to meet building and safety codes. Vice Chair Stendell requested that staff explain the permit process to the applicant. Commissioner DeLuna asked Commissioner Greenwood if he is concerned that there will not be enough room for the proposed use if the plan is given to a professional architect or designer. 3 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\10-21-14 min.dou MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2014 Commissioner Greenwood responded that the current plan is very schematic. He understands that the areas are currently divided by curtains and not by walls. It is a very tight place that is only 600 square feet. He stated that before the applicant goes much further, the applicant should have someone look at the plan from a building and safety code standpoint. Commissioner DeLuna asked if the CUP conditions would have to be amended again if there is not enough space for three massage rooms. Mr. Swartz responded that the Planning Commission would be approving three massage therapy rooms. Commissioner DeLuna clarified that it could be up to three rooms; however, it could be only two rooms. Mr. Swartz replied that is correct. Commissioner Campbell moved, by Minute Motion, to 1) Adopt a Notice of Exemption of Environmental Impact, and amend the existing CUP to allow three massage therapy rooms; 2) Amend Resolution No. 2454 removing Condition of Approval No. 4; and 3) Amend Resolution No. 2454 Condition of Approval No. 3 to have a maximum of two employees. Motion was seconded by Commissioner DeLuna and carried by a 4-0-1 vote (AYES: Campbell, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: Dash). Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2637, subject to conditions. Motion was seconded by Commissioner DeLuna and carried by a 4-0-1 vote (AYES: Campbell, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: Dash). X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Vice Chair Stendell reported that the Art in Public Places Commission ranked the three finalists for the mural at Carlos Ortega Villas. He also reported that the art on El Paseo is in the process of being changed. B. PARKS & RECREATION None 4 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\10-21-14 min.dou MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2014 C. GENERAL PLAN UPDATE Commissioner Greenwood mentioned that he attended a General Plan Update workshop to discuss the Highway 111 Corridor. He stated that it was an exciting event, with a lot of amazing ideas. He commented that the consultant is doing a fantastic job. He said it is a great process to be a part of, and he is looking forward to great things coming from it. XII. COMMENTS None XIII. ADJOURNMENT Upon a motion by Commissioner Greenwood, second by Commissioner Campbell, and a 4-0-1 vote of the Planning Commission (AYES: Campbell, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: Dash), Vice Chair Stendell adjourned the meeting at 6:20 p.m. ROGE DASH, CHAIR ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O'REILLY, RECORDI SECRETARY tow 5 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\10-21-14 min.docx