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HomeMy WebLinkAbout2016-08-16 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES • TUESDAY, AUGUST 16, 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: Absent: Commissioner Ron Gregory Vice Chair Nancy DeLuna Commissioner Kathleen Kelly Commissioner Joseph Pradetto Chair John Greenwood Staff Present: Jill Tremblay, City Attorney Ryan Stendell, Director of Community Development Eric Ceja, Principal Planner Kevin Swartz, Associate Planner Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Chair Greenwood led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Mr. Ryan Stendell, Director of Community Development, summarized pertinent City Council actions. V. ORAL COMMUNICATIONS None i MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2016 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of July 5, 2016. Rec: By Minute Motion, approve as presented. B. REQUEST FOR CONSIDERATION to perform a lot line adjustment to adjust property lines between parcels at 45-400 Larkspur Lane (APNs 627-262-007, 627-262-008, and 627-262-011). Case No. PMW 16-163 (West River, Inc., El Dorado Hills, California, Applicant). Rec: By Minute Motion, approve Parcel Map Waiver 16-163. Upon a motion by Commissioner Pradetto, second by Commissioner Kelly, and a 4-0-1 vote of the Planning Commission with Vice Chair DeLuna ABSENT, the Consent Calendar was approved as presented (AYES: Greenwood, Gregory, Kelly, and Pradetto; NOES: None; ABSENT: DeLuna). VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a Conditional Use Permit to operate a new cocktail lounge bar within a commercial zone located at 44-750 San Pablo Avenue, Suite 1. Case No. CUP 16-157 (Mark Green, La Quinta, California, Applicant). Mr. Kevin Swartz, Associate Planner, presented the staff report (staff report is available at www.cityofpalmdesert.org). He noted that staff received one comment in favor and one comment in opposition. Staff recommended that the Planning Commission approve the Conditional Use Permit (CUP). He offered to answer any questions. Commissioner Joseph Pradetto referred to Condition No. 9 in regard to cleaning public areas after closing. He asked if the City has added that condition in the past or is it new. Mr. Swartz responded that it is new. He said there was a bar on El Paseo called Napas Tapas that had an issue with trash being left in the public areas so the City placed a condition on their permit. For this reason, staff placed the same condition for this proposed bar. 2 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\8-16-16.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2016 Commissioner Pradetto asked if the condition that was added to Napas Tapas permit help with the trash issue. Mr. Swartz replied that Napas Tapas did not comply with the conditions of approval. As a result, the City Council revoked the CUP and they are no longer in business. Commissioner Kathleen Kelly referred to Condition No. 13 pertaining to noise complaints. She asked how the number of 10 complaints was selected. Mr. Swartz explained that there was a noise (music) issue at the Palm Desert Country Club clubhouse. Initially, a condition of three noise complaints was added to their CUP; however, staff found that a complainant had their whole household sign the complaint. Therefore, staff felt that 10 complaints would be a sufficient amount. He said if the Planning Commission decided to change the number of complaints from 10 to five, he recommended only one complaint could be received per residence or per business. Commissioner Kelly referred to a clause that only City staff is authorized to look at modifying the hours of operation. She asked if there is any reason not to phrase that more broadly, such as "staff would look at modifying these conditions." Mr. Swartz replied there is no reason not to change the phrase, and it does make more appropriate sense. Commissioner Kelly pointed to an overhead view of the site, and asked what the facility behind the parking lot is. Mr. Swartz believed it was a medical facility. Commissioner Kelly clarified that there would not be normal activity during prime time for the applicant's business. Mr. Swartz replied that most of the businesses in the area close at 5:00 p.m. Commissioner Ron Gregory mentioned that the Tilted Kilt had some public reaction to the sound. He asked if staff had specifics such as how many people complained, and what was the resolution to settle the issue. Mr. Swartz answered that it was actually South Beach; not Tilted Kilt. South Beach had outdoor music on their outdoor patio, and the Rancho Mirage residents complained about the noise. He stated he is not sure how many complaints were received; however, the resolution was that they had to move the music indoors. bow GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\8-16-16.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2016 Commissioner Gregory questioned if the proposed bar would only have indoor music. Would there be speakers outdoors? Mr. Swartz said music would only be indoors. He believed that the applicant may have karaoke a couple of nights. He noted that any entertainment at the proposed bar would need to go through the Entertainment Permit process. Chair Greenwood asked if it is correct that the proposed bar did not go before the Architectural Review Commission (ARC). Mr. Swartz replied that is correct. He said the applicant is not making any exterior modifications. He mentioned that staff took the proposed bar before the ARC as a miscellaneous item, with no action. At that time, the applicant was looking at painting a portion of the facade; however, the ARC and staff felt there was no logical break in the building to paint a different color. They also discussed a new awning and signage. Chair Greenwood asked if there was any discussion in regard to the window film. Mr. Swartz deferred the question to the applicant. Chair Greenwood asked where the property line presides. Mr. Swartz replied that it is to the right of the planter area. Chair Greenwood inquired if staff has seen the proposed improvements for Americans with Disabilities Act (ADA) compliance. Mr. Swartz responded that the Planning Department staff has not reviewed the ADA improvements; however, the Building and Safety Department did review the improvements. Chair Greenwood asked if there was any concern with the diagonal parking abutting direct circulation adjacent to the curb. Mr. Swartz replied that concern has not been brought up. Chair Greenwood inquired if staff is concerned with the rear patio of the bar. He is concerned there would be noise to the adjacent neighbors, it is a dark parking lot, and would prefer to see people in the front in terms of the General Plan. Mr. Swartz believed that the applicant wants to use the rear patio for people to smoke, and that the noise is a valid point since it faces the neighbors. Chair Greenwood declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. mug 4 GAPlanning\Monica OReilly\Planning Comm ission\2016\Minutes\8-16-16.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2016 MR. MARK GREEN, Desert Fox Bar, La Quinta, California, communicated that he originally wanted to open the bar at 2:00 p.m.; however, there was some a.. opposition so he found it reasonable to open at 4:00 p.m. He felt there is ample parking in the area, and cited that most of the adjacent businesses close at 5:00 p.m. He also said the rear patio would be available to people that want to drink and smoke. He offered to answer any questions. Commissioner Kelly asked the applicant to share what happened to the Palm Springs location. MR. GREEN responded that he couldn't persuade the property owner to extend his stay. He noted that there were hotel rooms directly above his bar, and it was an unhappy marriage due to the noise coming from the bar. Commissioner Kelly commented that she saw pictures of signage in Palm Springs, and she had the impression it is a pub style bar. She asked the applicant what signage style he envisions for the proposed bar on San Pablo Avenue. MR. GREEN responded that the style is an upscale neighborhood bar. He made clear they would not have loud music and it is not a dance club. Mr. Swartz displayed pictures of the Palm Springs location and pointed out the hotel rooms directly above the bar. He also showed pictures of inside the bar, and said the bar on San Pablo Avenue would look similar. Commissioner Gregory mentioned that there is not a great view in the rear patio. He inquired if it would benefit to have a taller wrought iron fence, with some type of material to make it look more intimate. MR. GREEN said that he could consider a wall, if the Planning Commission felt it was necessary. Commissioner Gregory commented that if he was inclined to use the rear patio, it would not be beckoning unless he really needed to smoke. MR. GREEN agreed with Commissioner Gregory. He is only providing a rear patio for the people that want to smoke. Mr. Stendell noted that Palm Desert has an ordinance, which does not allow smoking near the main entrance of a restaurant. Chair Greenwood asked what the existing lighting in the parking lot is. MR. GREEN replied that he does not think lighting exists in the parking lot at this time. He said he would have lighting in the rear patio. 5 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\8-16-16.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2016 Chair Greenwood asked the applicant what he is considering for the sign design. MR. GREEN responded that he would be removing the Pregnancy Crisis Center wording and adding Desert Fox using the existing awning. He would then add the Desert Fox as a cutout backlit on the upper part of the building. Chair Greenwood asked the applicant if he is leaving the window film on the windows. MR. GREEN answered that he was planning on leaving the window film because the bar is west facing and there is a heat gain. Chair Greenwood commented that he likes the idea of seeing some life on San Pablo Avenue. He said with the reflective window film it would be hard to see a lively bar. He voiced concern with safety on the back patio. MR. GREEN remarked that having a rear patio and more people present would increase the safety of people that are coming and going from their car. In closing, he said the bar is a walkable destination for people that want to have a drink in the evening and thanked the Planning Commission. The following individuals spoke in OPPOSITION to the proposed cocktail lounge bar for the following reasons and claims: Lack of adequate parking, concern with safety due to the homeless people, it would attract the homeless people, it is not good for adjacent businesses, and noise. MR. EARL WALLACE, adjacent property owner, Rancho Cucamonga, California. MR. MAX RYE, adjacent business owner, Palm Springs, California. MR. BRAD WALLACE, adjacent property owner, Escondido, California. MS. JENNIFER TOBIAS, adjacent property owner, Palm Desert, California. MR. DAVID O'DONNELL, property owner across the street, Palm Desert, California, voiced his concern with parking on San Pablo Avenue in general. He asked what the City plans to do in the long term regarding the parking issue. Last, he also has issues with the homeless people around his business. MR. GREEN remarked that he also shares the concern with the homeless people. He stated that he would not let a homeless person into the bar since they could not afford to buy drinks. However, he does see a homeless person able to buy a beer across the street at Circle K for 99 cents. He communicated he has very high standards, and would not let intoxicated and unattractive people to loiter his bar. He addressed the music (noise) issue, and voiced that he has never had bands in his bar. In Palm Springs, he would have a duet come in one .rr night a week. It is a small cocktail lounge dedicated to conversation; not a disco. 6 GAPlanningWonica Meilly\Planning Commission\2016\Minutes\8-16-16.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2016 He noted that there are 18 parking spaces behind his building. He declared that he is a tenant, pays taxes, and why should he be restricted from running a business. Mr. Green expressed that they should all be able to share the street; it is a public resource. With no further testimony offered, Chair Greenwood declared the public hearing closed. Commissioner Joseph Pradetto questioned if the parking spaces along San Pablo Avenue in front of the businesses are owned by the property owners or the City. Mr. Swartz replied that that it belongs to the City; it is a public street. Commissioner Pradetto pointed to the parking spaces, and clarified that they do not belong to the property owners. Mr. Swartz replied that is correct. Chair Greenwood asked staff to display an aerial of the property or the site plan presented in the agenda packets. He referred to the plan and noted that there is a discrepancy between the site plan and the way the site is actually laid out. He noted that the space on the northern side (44-750 San Pablo Avenue), seen on the site plan, would be on the northern parking spaces where a trash enclosure is shown and not in the center of the aisle. He is concerned how the applicant currently has the site plan articulated. He explained that the parking on the south side is backing up against ADA parking egress and there is a trash enclosure that may not function well. MR. GREEN agreed that the site plan presented was inaccurate. Commissioner Pradetto believed that the Circle K attracts a great number of the homeless in the area and agrees that it is a problem. He felt the homeless issue may be partially addressed by the condition to have a security guard at the bar. He does not think the bar would yield to more homeless and felt it is safe. In terms of parking, he believed the fight was over the public parking spaces and who gets to use those spaces. City staff and the applicant have worked well together to make a compelling case in regard to most of the parking for the bar would occur when parking spaces are not being used by the daytime businesses; therefore, he is okay with parking as-is. Commissioner Kelly agreed with Commissioner Pradetto. She felt that the parking issue was addressed when the applicant agreed to open the bar at 4:00 p.m. instead of 2:00 p.m. She also agreed that there is a homeless problem in the area, but felt that the proposed use would not exacerbate the homeless issue. She recommended the following changes to Condition of Approval No. 13 to afford more flexibility to respond to any situations that may arise: 1) Change the 10 reasonable persons to five (5) unrelated persons; and 2) Change staff will 7 G\PlanningWonica OReilly\Planning Commission\2016\Minutes\8-16-16.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2016 look at modifying the hours of operations to staff will look at modifying these conditions. She said it would allow for a quicker response if there are problems, and allows for a broader range of responses. r.r Commissioner Pradetto asked Commissioner Kelly if she wanted to make a motion with those modifications. Commissioner Kelly moved for approval with the two changes stated above. Commissioner Gregory commented on the goal of San Pablo Avenue being a family-oriented area. He wondered if there could be an open window where people could see inside and see people having fun, which would make the bar look less spooky. It would also attract the kind of people the City is hoping would use San Pablo Avenue. He felt the film on the windows is tacky for a place that could be a nice quality cocktail lounge that attracts attractive people. There are other options to mitigate the solar problem facing west. Therefore, he would like to add the removal of the window film to the motion. Chair Greenwood agreed with the Planning Commissioners comments. He stated he is sensitive to Mr. O'Donnell's comments, in terms of decisions the Planning Commission makes could impact other businesses. However, in this case the proposed bar would be open at a later time so it should not impact the 8:00 a.m. to 5:00 p.m. businesses. He suggested that the applicant gets an accurate layout of the patio, rear egress, parking lot, and the patio is in compliance with ADA requirements. He voiced his concern with lighting, noise, and safety in the rear patio and parking lot. He requested that staff work with the applicant to establish an acceptable lighting within the rear patio. Chair Greenwood stated he would also like to have the window film removed. Commissioner Pradetto asked if Chair Greenwood is adding the condition to remove the window film. Chair Greenwood replied yes. He would like the condition added to remove the window film to create a clearer visual impact to the interior space. Commissioner Kelly interjected that she has made a motion so Chair Greenwood would need to amend her motion, with the added condition. Ms. Jill Tremblay, City Attorney, interjected that since Commissioner Kelly proposed the motion, the motion belongs to her. Therefore, she is entitled to make the motion with the new changes. If there is not a second to the motion, the motion would fail and another Commissioner could propose a different motion. Ms. Tremblay suggested that Commissioner Kelly restate her motion for the record. Commissioner Kelly moved, By Minute Motion, to approve CUP 16-157, ..r with the following changes: 1) Replace 10 reasonable persons with five unrelated 8 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\8-16-16.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2016 persons 2) Replace the hours of operation with these conditions; and 3) Add a condition for the removal of the reflective coating on the windows. Motion was seconded by Chair Greenwood and carried by a 4-0-1 vote (AYES: Gregory, Greenwood, Kelly, and Pradetto; NOES: None; ABSENT: DeLuna) Commissioner Pradetto commented that if Commissioner DeLuna was present, she would thank the applicant for doing business in Palm Desert. However, he told the applicant to not disappoint the Planning Commission. B. REQUEST FOR CONSIDERATION to demolish an existing fuel station and construct a new 5,400-square-foot market and fueling station canopy for Tower Market located at 73-801 Highway 111. Case No. PP/CUP 16-180 (Tower Energy, Torrance, California, Applicant). Mr. Eric Ceja, Principal Planner, outlined the salient points in the staff report (staff report is available at www.cityofgalmdesert.org). Staff recommended approval and offered to answer any questions. Commissioner Pradetto referred to Condition of Approval No. 26. He questioned if the developer would be required to pay the impact fees. If so, how much are the fees. Mr. Ceja replied he does not know the exact amount. Typically, development impact fees are not calculated until the developer submits building plans. Commissioner Pradetto noted that staffs opinion the proposed use is a less intense than the current use. Therefore, how does staff recommend an impact if the proposed project would be ameliorated? Mr. Ceja responded it is because the site is being updated, and there may not have been impact fees in the past. He noted that this site was developed in the 1950s. Staff may recommend changes to the fee structure or the impact fees. Commissioner Pradetto asked if there has been a collision history in the lot going out into San Luis Rey Avenue and the frontage road. Mr. Ceja replied he did not have statistics on the collision history. Commissioner Pradetto stated that he drives in the area a lot, and there is a difference between inconvenient and unsafe. If there is no collision history, he would characterize the lot as inconvenient. Mr. Ceja said staff would have to contact the Police Department to get the collision history. He mentioned that the consolidation of the driveway allows the applicant to add more landscape and a screen wall around more of the property low so the uses at the gas station are screened from Highway 111. 9 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\8-16-16.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2016 Commissioner Gregory commented that the applicant agreed to reduce the planting area by 50 percent and pointed to the landscape drawings. He noted that Washingtonia hybrid palms come in different thicknesses. He recommended an 18-inch base so the palms to get the quality indicated in the landscape drawings. He also recommended a minimum size of five-gallons of the plant material, which would give the plants a good head start. Lastly, he wondered if there should some architectural guidelines along the Highway 111 corridor. The applicant has made a good effort with the style of the proposed project, but wondered if there is a more coherent approach that the City may wish to take on this important corridor. Mr. Ceja responded that architectural guidelines are an excellent suggestion as they continue with the General Plan Update. Staff is looking at a Highway 111 corridor plan, and may establish some architecture guidelines as well. Chair Greenwood referred to the General Plan and asked if there have been any discussions regarding the frontage road. How will it work with the new site? Mr. Ceja answered yes. They discussed making all the frontage roads similar. He said the applicant was able to consolidate the driveways and moved one driveway to the far west, which allows creating a plaza space the City envisions with the General Plan. Commissioner Gregory asked what the hours of operation are. Mai Mr. Ceja deferred the question to the applicant. Chair Greenwood declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MR. MARK VASEY, Tower Energy, Rancho Palo Verdes, California, communicated that they own and operate 50 stores in northern California. They own a store in La Quinta, and building another store in Coachella. He offered to answer any questions. Commissioner Gregory asked what the hours of operation are. MR. VASEY replied 5:00 a.m. to midnight. Commissioner Gregory asked the applicant if they have any problem with his concerns he expressed in the plant materials. MR. TIM ROGERS, Tower Energy, La Quinta, California, responded that they do not have a problem addressing Commissioner Gregory's concerns. Chair Greenwood asked the applicant what kind of food service they would have r in the market. 10 GAPlanning\Monica OReiIINPlanning Commission\2016\Minutes\8-16-16.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2016 MR. VASEY said they would have basic groceries, fresh produce, frozen foods, and a hot case with chicken fingers, breakfast burritos, etc. Chair Greenwood asked if the preparation of hot food would require roof mounted equipment, other than the HVAC equipment. MR. VASEY replied no. The food equipment would be located in the storage room, such as a fryer and a hood. Chair Greenwood inquired if there is a grease exhaust on the roof. MR. VASEY responded there is a hood that would go up to the roof. Chair Greenwood asked if the hood had been taken into account on the roof plan. MR. VASEY deferred the question to the architect. MR. NICK FULLERTON, architect, Bigfork, Montana, explained that the roof has a bathtub top. All the equipment is down so no one would be able to see it. Chair Greenwood stated he wanted to make sure everything is below the parapet. MR. FULLERTON said they would make sure it is under the parapet. Chair Greenwood pointed to the northwest corner of the proposed market in conjunction with the adjacent Japanese restaurant. He voiced his concern with visibility and how the detail is going to work, such as the stucco wrapping around the corner. He pointed out that the roof of the restaurant is much lower. He asked if they are opposed to wrapping the stucco around the corner to create a weep lower to where you would see the stucco wrapped to all points visible from the northwest corner. MR. FULLERTON replied that they would wrap the stucco. He said they are also going to fill in the gap solid, and have a gutter go across the top so the water would be controlled from both sides. He affirmed that anything exposed would be stuccoed and finished. Chair Greenwood asked if the applicant is comfortable with everything the ARC recommended. MR. FULLERTON said they are comfortable with the changes made by the ARC, and they are in the process of making those changes. With no testimony offered, Chair Greenwood declared the public hearing closed. 11 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\8-16-16.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2016 Commissioner Pradetto commented on Condition No. 26, which a developer has to pay impact fees. However, the findings in the staff report expressed this would have less impact than exists now. He clarified that the argument is potentially the + previous property owner did not pay the impact fees. Commissioner Kelly stated that the condition is phrased "increased presence of structures, traffic, and population,"and she understood the staff report to say that this is better than what is there now. The automotive repair station created something very unattractive. However, the new use would have certain impacts so she is not troubled by the condition. Commissioner Pradetto stated he is sensitive to a business coming to Palm Desert and having to pay fees for just the sake of paying fees. He explained that his bias is if they could avoid charging a fee, he would like to do it. However, the applicant may want to pay the fee to be done with it. At this time, he is not prepared to change the condition. Mr. Stendell interjected that staff continues to face the issues in assessing the fees as they relate to redeveloping properties and the net impact of developer impact fees versus assessment of full fees, as if the property were vacant. He said staff would continue to work cooperatively with the development community to this end. Chair Greenwood moved, by Minute Motion, approving Case No. PP/CUP 16- 180, with the addition of two conditions; 1) All palm trees shall have a minimum trunk size of 18 inches, and plants shall be a minimum of five gallons in size; and 2) All visible building exteriors shall be finished with paint and/or stucco with no visible concrete masonry unit (CMU) on the building. Motion was seconded by Commissioner Kelly and carried by a 4-0-1 vote (AYES: Greenwood, Gregory, Kelly, and Pradetto; NOES: None; ABSENT: DeLuna). Chair Greenwood thanked and welcomed Tower Market to the City. X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None 12 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\8-16-16.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2016 C. GENERAL PLAN UPDATE TECHNICAL WORKING GROUP Mr. Stendell reported that the Draft Environmental Impact Report would go live on Friday, August 19, 2016. Staff anticipates the General Plan Update public hearings with the Planning Commission will occur at the second meeting in October. He said staff would deliver the information to the Planning Commission in time for them to review. XII. COMMENTS Chair Greenwood commented that as they move forward with the General Plan and the City corridors, is there an overall theme. What level of architecture and design is the City trying to achieve? He said that having a meeting to discuss this topic with the ARC, Planning Commission, and City Council would be of great value. XIII. ADJOURNMENT With the Planning Commission concurrence, Chair Greenwood adjourned the meeting at 7:37 p.m. J t✓— JO N G EENWO CHAT SON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION t MONICA O'REILLY, RECORDING SECRETARY 13 GAPlanning\Monica OReilly\Planning Comm ission\2016\Minutes\8-16-16.docx