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HomeMy WebLinkAbout2016-10-04 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION k MINUTES TUESDAY, OCTOBER 4, 2016 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair John Greenwood called the meeting to order at 6:02 p.m. II. ROLL CALL Present: Commissioner Ron Gregory Commissioner Kathleen Kelly Commissioner Joseph Pradetto Vice Chair Nancy DeLuna Now Chair John Greenwood Staff Present: Jill Tremblay, City Attorney Ryan Stendell, Director of Community Development Eric Ceja, Principal Planner Kevin Swartz, Associate Planner Heather Buck, Assistant Planner Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Vice Chair Nancy DeLuna led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Mr. Ryan Stendell, Director of Community Development, introduced Ms. Heather Buck, the newest Assistant Planner. He announced two upcoming events: 1) The City's holiday celebration will be held at The Gardens on El Paseo on Friday, December 2, 2016; and 2) The Swing N' Hops street event on El Paseo is Saturday, February 4, 2017. Last, the City Council approved the City's Marketing MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 2016 Plan for Fiscal Year 2016/2017, and they directed Economic Development staff to request proposals for operation services at Desert Willow Golf Resort. Commissioner Joseph Pradetto asked if staff would discuss potentially bringing on the Indian Wells Golf Resort operator. He heard they are doing a great job. Mr. Stendell replied no comment. V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of September 6, 2016. Rec: By Minute Motion, approve as presented. Upon a motion by Commissioner Pradetto, second by Commissioner Kelly, and a 5-0 vote of the Planning Commission, the Consent Calendar was approved as presented. (AYES: DeLuna, Greenwood, Gregory, Kelly, and Pradetto; NOES: None). VII. CONSENT ITEMS HELD OVER None woo VIII. NEW BUSINESS None IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION to approve a new 5,280-square-foot industrial building within the Service Industrial zone located at 34-750 Spyder Circle, and adopt a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. PP 16-76 (Robert Ricciardi Architects, Palm Desert, California, Applicant). Mr. Kevin Swartz, Associate Planner, presented the staff report (staff report is available at www.cityofpalmdesert.org). He noted that the applicant could not be present for the hearing. Staff recommended approval and offered to answer any questions. Commissioner Ron Gregory commented that the Architectural Review Commission (ARC) denied the project several times. The applicant submitted an appeal and the case went before the City Council, which they approved. Since he ► 2 GAPlanning\Monica OReilly\Planning Comm ission\2016\Minutes\10A-16.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 2016 is freshly on the Planning Commission, he asked for an explanation of the process and the purpose of the Planning Commission voting on something that WNW has already gone through a tortured process. Mr. Swartz explained that for a new building, the applicant must submit a Precise Plan application, and the plan must be approved by the Planning Commission. He stated that the building design must first be reviewed by the ARC. In this case, the design was presented to the ARC at three separate meetings. There was a disagreement on the proposed architecture, and the ARC ultimately denied the case. He said that the applicant met with Mayor Spiegel, and the Mayor called the item up to a City Council meeting. The City Council reviewed only the architecture, overturned the ARC's decision of denial, and approved the architecture. With that said, the Precise Plan has to be reviewed and approved for land use and parking by the Planning Commission. Commissioner Gregory inferred that the Planning Commission is not in charge of looking at the architecture, but rather to the Precise Plan adherence. Mr. Swartz replied that is correct. He commented that the Planning Commission could make comments on the architecture; however, it has already been approved. Chair Greenwood declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. With no testimony offered, Chair Greenwood declared the public hearing closed. Vice Chair Del-una commented that there was controversy with the architecture. She asked if there is a concern that that the building is not designed well and does not meet Palm Desert standards. Is it a concern that the Planning Commission could not address? Commissioner Kathleen Kelly remarked that according to the staff report, the opinion of the ARC was the building lacked articulation and design interest. She pointed out that the City Council has approved the architecture; therefore, it is off the table. Mr. Swartz replied that is correct. Commissioner Pradetto asked if the architecture is off the table because the City Council would likely overturn the decision. The Planning Commission could still say no to the architecture; however, it would create another storm of unnecessary fighting and the outcome would be the same. Mr. Stendell commented that the Planning Commission could send this project •••• spiraling into another direction. Mr. Swartz indicated correctly that the Council's 3 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\104-16.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 2016 review of the architecture left staff in sort of a pickle since it is something that does not happen often. Commissioner Gregory voiced that this item ties-in with a question he raised several meetings back. He stated that they need to have a meeting of the minds. He felt they have lost their rudder with what different commissions are looking for as far as City goals with architecture guidelines or standards. It is troublesome that the City Council has made an architectural decision, and there is confusion on what the City is looking for in architecture. His guess is that the ARC might have higher design standards than what the City Council might be looking for, or there might be other factors considered. He would like to have some understanding so all the commissions are on the same page. Otherwise, they may start a free for all which does not help the process. Chair Greenwood commented that he thought the ARC did their job and did it well. From a Precise Plan standpoint, he does not see anything that is out of the ordinary. Commissioner Pradetto said he read a description of the public administration system as "Ambition must be made to counteract ambition." So it is not uncommon that one commission may disagree with another; it is part of the process. Commissioner Gregory stated that from his perspective, they should be aiming higher for the City. He is concerned with their vision with respect to the ..r standards, and felt that the City could do better. Vice Chair DeLuna clarified that the Planning Commission must determine the specific use based on parking, placement, and size requirements. Mr. Swartz replied that is correct. Commissioner Kelly moved, by Minute Motion, approving Case No. PP 16-76 by adoption of Planning Commission Resolution No. 2678, subject to conditions. Motion was seconded by Chair Greenwood and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Kelly, and Pradetto; NOES: None). B. REQUEST FOR CONSIDERATION of a recommendation to the City Council to approve a Zoning Ordinance Amendment to Palm Desert Municipal Code Sections 25.56.040, 25.56.050, 25.56.080, and 25.34.080 to allow year-round pedestal signs and balloons on a temporary basis for businesses within the El Paseo Overlay District, and adopting a Notice of Exemption from the California Environmental Quality Act. Case No. ZOA 16-265 (City of Palm Desert, California, Applicant). 4 GAPlanning\Monica OReilly\Planning Comm ission\2016\Minutes\10-4-16.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 2016 Mr. Swartz outlined the salient points in the staff report (staff report is available at www.citvofpalmdesert.orq). He recommended amending balloon size to not exceed 18 inches, and balloons shall float a maximum of four feet. He said if the Planning Commission has any comments or recommendations, staff would present them to the City Council. He offered to answer any questions. Vice Chair DeLuna asked how many businesses are there with an excess of 25 linear feet on El Paseo. Mr. Swartz replied there are many businesses with an excess of 25 linear feet. Vice Chair DeLuna affirmed that they are looking at more than one sign per business. Mr. Swartz responded that the business would be allowed to have one larger sign. Vice Chair DeLuna commented that El Paseo is set apart from every other shopping district in the Coachella Valley. El Paseo has been compared favorably to Fifth Avenue in New York, Worth Avenue in Palm Beach, and Rodeo Drive in Beverly Hills. She cannot imagine walking, biking, or driving down any of those streets and seeing balloons. However, she is responsive to the request of the overwhelming majority of merchants on El Paseo for pedestal street signage and balloons in an attempt to enhance sales. Vice Chair DeLuna voiced her concern with helium balloons, which two concerns were addressed by reducing the size of the balloons and the height that they are able to float above the sign. Concerning the number of balloons, she would prefer to see three balloons rather than five. She felt it would be a nightmare for the Code Department to allow businesses to have balloons on a staggered basis for 40 days a year. She stated they need to honor the request by the merchants, but keep in mind the standards they hope to have for El Paseo. Mr. Swartz said that staff could take the Planning Commission's comments and/or recommendations to the City Council. Commissioner Kelly clarified that upon a merchant receiving a Temporary Use Permit (TUP), the merchant would receive a sticker to display, which establishes they have met the requirements. Mr. Swartz explained that the merchant would get a sticker for approval of the sign design. For the TUP, the merchant fills out an application, staff logs the application and dates into the system, and a copy goes to the Code Department. He noted that code enforcement officers have access to the application through their computer system. 5 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\10-4-16.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 2016 Commissioner Kelly stated that her perspectives are similar to Vice Chair DeLuna. If she was making a choice solely based on her own ascetic, she would not care for the signs or the balloons. However, she believed there is a necessity to be differential to the merchant's perception of what would lead to success of their businesses on El Paseo. She has to trust that in choosing El Paseo for their business, the merchant is choosing a high-end image and do not want to damage that to their detriment. She wished to be accommodative, but would like to hear from the rest of the Planning Commission about the 40-day limit. It strikes her as too many days to have balloons every week of the season. She wondered if 21 days would be more appealing if they thought of the season as lasting roughly seven months, which would afford three days within each of those months. In addition, she would like to add an item to Exhibit C that "The business must agree to not release any balloons into the air" due to any environmental impacts that could occur. Vice Chair DeLuna agreed with Commissioner Kelly's assessment of 21 days rather than 40 days, which makes sense and allows flexibility. It also saves the code compliance officers from being balloon police. She referred to a picture in the presentation displaying a sign with balloons, and asked if the sign is considered to be in compliance. Mr. Swartz responded that in the picture presented, the sign is too far out into the sidewalk. The sign would have to be 10 feet from the back of curb and in front of the storefront. Vice Chair DeLuna commented that some stores have awnings or extensions above the doorway. If balloons are required to be a maximum of four feet, it would prevent them from hitting the awnings or coming in contact with any overhang. Commissioner Gregory said that it appears this item is being requested due to the businesses having difficulty coming out of the recession. So it seems to be a temporary measure. He voiced that the balloons and pedestal signs look tacky; however, he is not a merchant on El Paseo. He is reluctant to nitpick on things that the merchants came up with because it is their livelihood. He wondered if there could be a one-year trial period so they do not have a permanent affliction of balloons and signage on El Paseo. Mr. Swartz replied that if the Planning Commission wants to make that recommendation, he would present it to the City Council. Commissioner Pradetto interjected that the Planning Commission is having discussions that should occur during the open public hearing. Chair Greenwood asked the Planning Commission if they had specific questions for staff, if not he would declare the public hearing open. 6 GPlanning\Monica OReilly\Planning Commission\2016\Minutes\10<1-16.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 2016 Chair Greenwood declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. Vice Chair DeLuna inquired if they are allowed to make a recommendation on a temporary basis or does it have to be permanent. Mr. Stendell responded that the Planning Commission could propose a time limitation, including reduction of days. Vice Chair DeLuna commented that there seems to be a consensus that the Planning Commission wants to be responsive to merchants so they could be successful. However, they are constrained by the greater good and the best interest of the City of Palm Desert. She agreed with Commissioner Kelly to reduce the days to 21. She also agreed with Commissioner Gregory to have the ordinance in place for a temporary period. With no further testimony offered, Chair Greenwood declared the public hearing closed. Commissioner Pradetto stated that he read the staff report, specifically when staff meets with the El Paseo Merchants Association and business owners. He does not want to put too much stock into assuming that everybody involved in the process agreed that this is the best product. He could see the group having different opinions, but where do you draw the line. Do you have three, five, or ten balloons? It becomes something that no one is really happy and no one is really angry that they would say no. He noted that merchants from El Paseo are not present to testify that this change would turn their business around. He felt that the merchants are not so angry they are against it, but they are not 100 percent sure the zoning ordinance amendment would turn things around for them. He also felt that changing the days from 40 to 21 would create a burden for the Code Department. He assumed the City would trust the merchant's discretion. You either trust them with the balloons and signs or you do not. Commissioner Pradetto stated he is on the fence that there is a lot of wisdom in the original stance of this ordinance. He deferred to the original wisdom until he hears a reason otherwise. Vice Chair DeLuna understood that 81 percent of the merchants wanted balloons and signs. There is almost 20 percent that do not want them. Allowing balloons that often on El Paseo put the 20 percent at a disadvantage because they will be forced to spend money to compete with the 81 percent of merchants. She said there is a compromise to be made. The Planning Commission must respect and honor the wishes of the majority, but keep in mind the greater good of the overall number. Commissioner Pradetto stated that they do not know if fifth of the merchants that do not want balloons happen to be the biggest revenue generators. There's a lot w the Planning Commission does not know. 7 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\104-16.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 2016 Vice Chair DeLuna remarked that she would not want to lose any high-end merchants because they do not want to be located where there are going to be balloons. Commissioner Kelly asked staff if they have any information about who is on each side of this request. Mr. Swartz answered that staff received business names from the survey that was completed. He noted that one of the representatives of the El Paseo Merchants Association represents a lot of the high-end stores, and he was in favor of the proposed zoning ordinance amendment. Vice Chair DeLuna stated that the representative was in favor, but where the merchants in favor. Mr. Swartz replied that the representative spoke to his merchants, but he does not know the discussion he had with them. Commissioner Kelly questioned the origin of the 40 days standard. Mr. Swartz communicated that originally 60 days was proposed. However, 40 days were considered because it would allow a merchant to have balloons three days a month (Friday, Saturday, Sunday) since they usually have sales on the weekend. Commissioner Kelly clarified that the sign could not say "sale." Mr. Swartz replied that is correct. Commissioner Kelly said that is probably why the balloons appeal to the merchants. Commissioner Gregory commented that possibly the merchants could think about having balloons for a year, then they could decide if they like them or not. Vice Chair DeLuna agreed with Commissioner Gregory. Chair Greenwood communicated that he is not a business merchant on El Paseo, and he is no one to argue with someone who thinks this is going to benefit their business. From a planning and aesthetic point, he agreed that the balloons and signage would look cluttered, and it is not consistent with the caliber of El Paseo. He voiced his concern with the allocation of staff time, and how are the merchants going to know that they need a TUP. He wondered if it would make sense to allow balloons and signage during events. He felt that balloons and signage on a day-to-day basis is not right for El Paseo. 8 G\Planning\Monica OReilly\Planning Commission\2016\Minutes\104-16.docx i MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 2016 Commissioner Kelly was persuaded by Commissioner Gregory's idea to have a trial period for one year, and asked staff what would be the best way to achieve too that recommendation. Mr. Swartz responded that the Planning Commission could make a recommendation to the City Council to have a trial program for a year. It would also allow staff to take photos on El Paseo, and it allows staff to hear back from the merchants. Commissioner Kelly was also persuaded by Commissioner Pradetto's comment. If they are going to be differential, they should be respectful of the merchant's ability to make good judgments. Therefore, she is less inclined to change the number of days to 21. She restated that she would want to add an item to Exhibit C stating that businesses could not release balloons into the air. Commissioner Pradetto communicated that he prefers the proposed zoning ordinance amendment as-is without the amendments. He agreed with Chair Greenwood on having balloons and signage during special events on El Paseo. He stated that he cannot support something that looks tacky even though it is being differential. Commissioner Kelly asked Commissioner Pradetto if he is not in favor of the one- year trial program. Commissioner Pradetto replied he is not in favor because it becomes easier to extend it another year. Vice Chair DeLuna recommended that the motion include the number of balloons be changed from five to three. She questioned if restaurants with patios that are farther out would be allowed to have balloons, or only at the entrance of the restaurant. Mr. Swartz replied that balloons would only be allowed at the entrance. Vice Chair DeLuna asked if the patio has a gate, would the restaurant be able to call that an entrance. Mr. Swartz replied no. Commissioner Gregory reiterated that his suggestion for a one-year trial program was not only to see if it works. His suggestion is a response to the merchant's concern about struggling during a recession. He would prefer to see an end to the recession and get rid of the balloons and signage. He asked if there would be a burden on City staff to check if a merchant has met all the requirements. 9 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\10-4-16.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 2016 Mr. Stendell responded no. He said that City staff is already doing 90 percent of the work today, and the Code Department would not be burdened by the proposed zoning ordinance amendment. Commissioner Kelly motioned to recommend to the City Council to approve Case No. ZOA 16-265 by the adoption of Planning Commission Resolution No. 2679, subject to the following amendments: 1) A one-year trial program; 2) Amend Exhibit C, Item E to balloon size shall not exceed 18 inches; 3) Amend Exhibit C, Item F to balloons shall float at a maximum of four feet above the sign at all times; 4) Amend Exhibit A adding subject to after "Pedestrian-oriented signs" are allowed; 5) Add Item H to Exhibit C that a business must agree not to release balloons into the air; and 6) Amend Exhibit C, Item D to no more than three helium balloons are allowed. For clarification purposes, Vice Chair DeLuna asked Commissioner Kelly if she is willing to let the 40-day stand on a one-year trial basis. Commissioner Kelly replied yes. Vice Chair DeLuna asked if the height of the floating balloons was included in the motion. Commissioner Kelly replied yes. She included the changes recommended by staff. Motion was seconded by Commissioner Gregory and carried by a 4-1 vote ..r (AYES: DeLuna, Greenwood, Gregory, and Kelly; NOES: Pradetto). X. MISCELLANEOUS A. INFORMATIONAL REPORT regarding the public hearing/approval process for the update of the City's General Plan including the University Neighborhood Specific Plan, Highway 111 Development Code, and associated environmental documents. Case Nos. GPA/EA 16-261, ZOA 16- 262, ZOA 16-263 (City of Palm Desert, California, Applicant). Mr. Stendell reported that the General Plan is approaching the public hearing stage. Staff provided the Planning Commission with the General Plan documents for their review. Mr. Stendell continued with a PowerPoint presentation to go over the documents and the process moving the General Plan forward. He noted that the regular scheduled Planning Commission meeting on October 18 would be adjourned to October 19, due to scheduling issues. For the meeting on October 19, Chair Greenwood asked what staff is requesting from the Planning Commission in regard to the General Plan documents. two 10 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\10-4-16.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 2016 Mr. Stendell explained that each General Plan document will have its own resolution for recommendation of approval to the City Council by the Planning Commission. It is also the appropriate time for the Planning Commission to make comments or changes. Commissioner Kelly asked if it would be the appropriate time to make changes to the General Plan documents at the meeting of October 19. Mr. Stendell replied yes. Chair Greenwood inquired if they can have the documents digitally. Mr. Stendell responded that the documents are available on the City's website. Chair Greenwood asked if the consultants would be at the meeting of October 19. Mr. Stendell replied yes. Vice Chair DeLuna asked if the goal is to move this document forward to the City Council after the October 19 meeting. Mr. Stendell replied yes. Vice Chair DeLuna asked if it would be appropriate to address amendments or concerns with staff prior to the meeting on October 19. Mr. Stendell replied yes. Vice Chair DeLuna commented that Ms. Lauri Aylaian was part of the General Plan update process. She expressed her delight to have Ms. Aylaian back as the City Manager for Palm Desert. XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Mr. Stendell reported that the art exhibition is currently being changed out on El Paseo. B. PARKS & RECREATION None 11 GAPlanningWonica Meilly\Planning Commission\2016\Minutes\10-4-16.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 2016 XII. COMMENTS None �. XIII. ADJOURNMENT With the Planning Commission concurrence, Chair Greenwood adjourned the meeting at 7:19 p.m. JkQHN REENWO , VICE C IRPE "ON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O'REILLY, RECOR G SECRETARY 12 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\104-16.docx