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HomeMy WebLinkAbout2017-07-18 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES TUESDAY JULY 18 2017 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER — 5:00 P.M. Chair Nancy DeLuna convened the meeting at 5:05 p.m. II. ROLL CALL Present: Commissioner Ron Gregory Commissioner John Greenwood Commissioner Lindsay Holt arrived at 5:25 Vice Chair Joseph Pradetto arrived at 6:00 Chair Nancy DeLuna Staff Present: Jill Tremblay, City Attorney Ryan Stendell, Director of Community Development Eric Ceja, Principal Planner Kevin Swartz, Associate Planner Ron Moreno, Senior Engineer/City Surveyor Monica O'Reilly, Administrative Secretary III. ORAL COMMUNICATIONS — A i None IV. ADJOURNED TO CLOSED SESSION Request for Closed Session: A. Conference with Legal Counsel regarding Threat to Public Services or Facilities pursuant to Government Code Section 54957(a): MINUTES PALM DESERT PLANNING COMMISSION JULY 18, 2017 Consultation with Lt. Coby Webb, Assistant Chief of Police, Palm Desert Police Department/Riverside County Sheriff's Department. Chair DeLuna adjourned the meeting to Closed Session of the Planning Commission at 5:09 p.m. She reconvened the meeting at 6:01 p.m. V. RECONVENE REGULAR MEETING — 6:00 P.M. A. REPORT on action from Closed Session. Ms. Jill Tremblay, City Attorney, stated that no reportable actions were taken. VI. PLEDGE OF ALLEGIANCE Commissioner Ron Gregory led the Pledge of Allegiance. VII. SUMMARY OF COUNCIL ACTION Mr. Ryan Stendell, Director of Community Development, summarized pertinent June 22, 2017 and July 13, 2017, City Council actions. Mr. Eric Ceja mentioned that on Tuesday, July 11 , 2017, the City hosted an open house to present plans for the San Pablo Project. VIII. ORAL COMMUNICATIONS — B None IX. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of June 20, 2017. Rec: Approve as presented. Commissioner Gregory stated he would be abstaining from Item A since he was not present for the Planning Commission meeting on June 20. Approved. 4-0-1 (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: None; ABSTAINED: Gregory). B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application to adjust a shared lot line at Cahuilla Falls and Andreas Canyon Drive (APNs 652-130-044 and 652-300-021). Case No. PMW 17-104 (Steve Bruggeman, Palm Desert, California, Applicant). Rec: By Minute Motion, approve Case No. PMW 17-104. 2 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\7-18-17.docx MINUTES PALM DESERT PLANNING COMMISSION JULY 18, 2017 C. REQUEST FOR CONSIDERATION to approve a one-year time extension for Precise Plan/Conditional Use Permit 06-03 and Tentative Tract Map 34437 to subdivide a 6.1-acre site into 13 parcels at 75-300 Gerald Ford Drive. Case Nos. PP/CUP 06-03 and TT 34437 until August 24, 2018 (Gerald Ford Business Park, LLC, Palm Desert, Applicant). Rec: By Minute Motion, approve a one-year extension for Case Nos. PP/CUP 06-03 and TT 34437 until August 24, 2018. Upon a motion by Vice Chair Pradetto, second by Commissioner Holt, and a 5-0 vote of the Planning Commission, the remainder of the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). X. CONSENT ITEMS HELD OVER None XI. NEW BUSINESS None XII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION to approve a Conditional Use Permit to operate a kennel-free doggy daycare/overnight boarding and grooming facility within an existing 2,769-square-foot office building located at 74-330 Alessandro Drive. Case No. CUP 17-089 (The Village Pup, LLC, La Quinta, California, Applicant). Mr. Kevin Swartz, Associate Planner, presented the staff report (staff report is available at www.cityofpalmdesert.org). He noted that a public hearing notice was sent out to property owners within 300 feet and advertised in The Desert Sun. City staff received a letter in opposition and letters in favor of the proposed project. Staff recommended approval and offered to answer any questions. Vice Chair Joseph Pradetto referred to the block wall, and asked why staff would like to see wrought iron as part of the seven-foot wall. Mr. Swartz responded that there is a Condition of Approval that the design of the wall has to be approved by the Architectural Review Commission (ARC). The ARC considered the wall at their last meeting, and they were uncomfortable with the height of the wall. The ARC recommended a different material to break up the block wall, as a result, the applicant proposed wrought iron. 3 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\7.18.17.docx MINUTES PALM DESERT PLANNING COMMISSION JULY 18, 2017 Chair DeLuna asked staff if they are convinced that one parking space for the public is enough for the proposed project. Mr. Swartz replied that he is not convinced. He believed with the type of business that would be conducted, the drop off and pick up of dogs, it should not create a parking problem. Commissioner Lindsay Holt asked staff to summarize the findings of the Noise Impact Analysis. Mr. Swartz said he received the analysis five minutes prior to the meeting. He deferred the question to the applicant. He noted that if noise becomes disturbing, excessive, or offensive to the residents in the area and reported by eight unrelated persons of normal sensitivity within a year, staff will reconsider the Conditional Use Permit (CUP) with a new public hearing to the Planning Commission to modify or revoke the use. Chair DeLuna stated that dogs bark. She inquired if the hours of operation at 8:00 a.m. to 6:00 p.m. were considered instead of 7:00 a.m. to 6:00 p.m. Mr. Swartz replied that the hours of operation were not discussed. He said the applicant could address the hours. Commissioner John Greenwood mentioned that on the east elevation of the site plan there is a keynote indicating an area reserved for a future sign. He asked if the applicant would be able to rent space in the building. Mr. Swartz responded that there would not be a future tenant. The building would only be occupied by the applicant. Chair DeLuna declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. KHALED HABASH, La Quinta, California, noted that an approved sound engineer by Riverside County is also present to answer any questions regarding the Noise Impact Analysis. He communicated that their hours of operation at the La Quinta facility have been 7:00 a.m. to 6:00 p.m. and never had a parking issue. He stated that excessive barking is not allowed and they run a very controlled yard. They do not accept dogs that bark excessively, they provide 24 hours of supervision by a human, and the facility is kept at a low-energy level. He added that they provide a cage-free facility so dogs do not experience anxiety, stress, or free play that is out of control. Mr. Habash mentioned that they have not had any issues at the facility in La Quinta, which is next to other businesses and residential areas. Chair DeLuna asked if dogs play inside the facility. 4 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\7-18-17.docx MINUTES PALM DESERT PLANNING COMMISSION JULY 18, 2017 MR. HABASH explained that when dogs go inside at 6:00 p.m., they go into a boarding room that is cage-free and supervised by a human. Chair DeLuna clarified that when she mentioned the hours from 8:00 a.m. to 6:00 p.m. instead of 7:00 a.m. to 6:00 p.m. she was not referring to the hours of operation, but the hours when the dogs would be outside. MR. HABASH replied that they would consider changing the hours, if it is a requirement of the Planning Commission. Commissioner Holt inquired if the proposed facility in Palm Desert would be similar in type to the La Quinta facility which includes fans, misters, and covered areas. MR. HABASH replied yes. He said they want their facilities to be uniform and have consistency. Chair DeLuna asked if the dogs are outside during the day in the summer. MR. HABASH replied yes. He indicated that they have a safe climate controlled outdoor yard. They have ground fans, misters, swamp coolers, and 98 percent of the yard is covered with shade at the La Quinta location. In addition, the turf is elevated off the ground to help keep it cool. low Commissioner Greenwood asked how shade would be provided for the facility proposed in Palm Desert. MR. HABASH responded that they use sail shades. They do not use permanent shades or structures. Chair DeLuna asked if the sail shades would be the same height as the wall or extend higher than the wall. MR. HABASH replied that the current sail shades at the La Quinta facility are approximately 10 feet. MS. ROMA STROMBERG, Temecula, California, stated that she is on the Riverside Count list of acoustic consultants, and has completed many noise studies for dog kennels and doggy daycares. She provided an oral interpretation of the Noise Impact Analysis that was prepared for the proposed facility in Palm Desert. At the end of her report, she offered to answer any questions. Vice Chair Pradetto asked if noise travels differently when the weather is colder. MS. STROMBERG replied yes. She said that humidity and the change in temperature do affect noise. However, it would not be significant in this case. MWOO GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\7-18-17.docx MINUTES PALM DESERT PLANNING COMMISSION JULY 18, 2017 Vice Chair Pradetto inquired what the decibel difference would be during the winter temperatures. MS. STROMBERG answered that there might be a one or two decibel difference. Commissioner Gregory asked how sound is measured. Is it measured as a continuum or measured when a dog barks? MS. STROMBERG explained that she uses a Type 1 sound level meter instrument that provides an average noise level over the period she measured, a maximum noise level, and other measurements. Commissioner Gregory commented that a big dog and a small dog have different barks, which some small dogs could have a shrieking bark. He wondered if a shrieking bark would not measure high on the decibel level. MS. STROMBERG said that it could possibly not measure high on the decibel level. She communicated that she was at the La Quinta facility several times in one week and there was no barking to measure. She said the applicant has created an environment where the dogs feel comfortable and feel like they are in a second home so she did not observe the dogs barking. Commissioner Greenwood asked how many dogs were present when the measurements were done. woo MS. STROMBERG replied that there were approximately 20 dogs. Chair DeLuna asked if she did she not find the dogs interacting with each other and barking in the yard while playing. MS. STROMBERG answered that there was not a lot of running. The dogs were wandering around, nudging each other, or playing with toys. Vice Chair Pradetto stated that a CUP goes with the land. He asked if it is correct when the applicant sells the business to another operator, the new business operator would have the entitlement to operate the business. He said there is no guarantee that The Village Pup business operator would keep the business in perpetuity, and there could be a new business operator. Mr. Swartz replied that is correct. The new business operator would have to operate the business in accordance with the CUP and conditions. Vice Chair Pradetto pointed out that there is no guarantee a new business operator will have the same business model as The Village Pup. He noted that the new business operator may not provide 24-hour human supervision. 6 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\7-18-17.docx MINUTES PALM DESERT PLANNING COMMISSION JULY 18, 2017 Mr. Stendell noted that a CUP is active for one year. If The Village Pup left at the end of one year, the CUP stays with the land for one year plus one day; at that .. point the CUP expires. Secondly, based on Vice Chair Pradetto's scenario, the City would need to rely on Condition No. 7. If the Planning Commission would like to change the number of complaints under Condition No. 7, the Commission could make a recommendation. Commissioner Gregory inquired what constitutes a complaint and how is the complaint process effective. Mr. Stendell explained the decision to have eight unrelated persons report complaints within a year. It is a mechanism to assist with valid complaints being reported. Commissioner Holt mentioned she drove by the proposed location and noticed that an adjacent home is for sale. She asked if there is a provision to let the potential home buyer know of the proposed use, if the project is approved. If the project is approved, Mr. Swartz said that staff could contact the real estate agent so they could inform the potential buyer. He noted that a home buyer needs to do their due diligence prior to buying a home. The following individuals spoke in FAVOR of the proposed doggy daycare: •• MS. SALLY VOYNE, La Quinta, California, stated that she lives five minutes from The Village Pup, which is well run and spotless. She walks several times a day near the facility and she does not hear sounds. She is proud of Mr. Habash for the business he has developed. When she picks up her dog from the daycare, it is extremely happy, quiet, calm, and relaxed. She noted that a lot of people have to be at work at 7:00 a.m. or 7:30 a.m. so it helps to drop off their dog earlier than later. MS. DINA DUNCAN, Palm Desert, California, mentioned she once owned a doggy daycare in Torrance, California. However, they sold their business and moved to the Coachella Valley. They visited every doggy daycare in the Valley and finally found The Village Pup. She first noticed that there was no barking in the facility, then was told a happy dog doesn't bark. However, she said a happy dog also barks. What she learned is that once you teach the pack of dogs the rules, all the other dogs follow. The facility is a place, someone is always supervising the dogs, and it is very immaculate. MS. DONNA LOWELL, La Quinta, California, shared that three years ago she took her high-energy dog to The Village Pup. She first noticed the facility was very clean and you could not hear dogs barking. She said that the applicant has a great organization and business model. She suggested the Planning Commission visit the facility in La Quinta so they can see for themselves how 7 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\7-18-17.docx MINUTES PALM DESERT PLANNING COMMISSION JULY 18, 2017 controlled the facility is and how well they take care of the dogs. She would be pleased if they open a facility in Palm Desert. MS. JUDY RHODES, Palm Desert, California, stated that she has a three-year old Australian Labradoodle and at nine months old it was a wild dog. She took her dog to The Village Pup at nine months and her dog is still fun, loving, and playful but very well managed. They treat the dogs as if they were their own. She loves the cleanliness, the friendliness, and the philosophy of The Village Pup. She hoped that the Planning Commission would allow them to have a business in Palm Desert. MS. NIDAA SANCHEZ, La Quinta, California, commented that she is a manager at a business across from The Village Pup. She stated that they have never had a problem with the facility and they do not hear barking. The facility is esthetically pleasing, clean, and their staff is pleasant and helpful. She also stated that parking is limited and they share street parking; it has never been an issue. Ms. Sanchez expressed that she would support The Village Pup in Palm Desert. MS. SUSAN GRIMES, La Quinta, California, communicated that she has been a Coachella Valley resident since 1981. She has been taking her dog to The Village Pup for 18 months. She said that the attendant in the yard is always training the dogs. When her dog comes home, he does not stink and is happy. She commented that everything being said is true. She is excited to hear of the possibility of another facility in Palm Desert. Last, she mentioned that Mr. Habash is a wonderful business owner and hoped that the Commission approves the + project. MS. LETTY COLE, Palm Desert, California, said she has a high-energy dog that she has been taking to The Village Pup since he was four months old. She stated that a facility in Palm Desert is highly needed. She visited other doggy daycares and kennels in the Coachella Valley and they do not compare to The Village Pup. Mr. Habash's facility in La Quinta is very clean, they train the dogs, and the staff is great. She hoped they say yes to a The Village Pup in Palm Desert. She guaranteed that there would be no noise. The following individuals spoke in OPPOSITION of the proposed doggy daycare: MR. ANTHONY PAGNINI, Redondo Beach, California, voiced that he is strongly opposed to the proposed oggy daycare. He stated that he is the owner oflthe adjacent four units. He noted that he loves dogs and used to own a pet store and a pet grooming salon, which he no longer owns. He now has a business located across (100+ yards) from Animal Samaritans where they hear dogs barking all day long. He stated that the proposed facility will have a negative impact. There would be the smell of dog poop and urine, noise, parking issues, and his property value will go down. He also felt that there could be an issue with a seven-foot wall on the corner. He would like to know if the facility in La Quinta is strictly in a ..r 8 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\7-18-17.docx MINUTES PALM DESERT PLANNING COMMISSION JULY 18, 2017 commercial zone. Mr. Pagnini guaranteed that there would complaints from his tenants. saw MS. ABBE FLEMMING, Palm Desert, California, stated that she lives at the property across from the proposed facility and agreed with Mr. Pagnini's comments. She voiced that she is going to look at a seven-foot high wall from the front of her home. Her other concerns are noise, a decrease in her property value, and parking. She noted that they already have issues with The Hood and Dr. Shah's tenants. Ms. Flemming said the doggy daycare should be located in a business park and not in a residential area. She begged the Commission consider the residents in the area. Chair DeLuna clarified that there is no parking allowed on Santa Ynez Avenue. Mr. Swartz replied that is correct. He added that it is a Condition of Approval. Commissioner Holt inquired how no parking on Santa Ynez Avenue would be indicated. Mr. Swartz replied that currently there is not an indication of "no parking" on Santa Ynez Avenue. The business owner will have to let his clients know that there is no parking allowed on Santa Ynez. Commissioner Holt asked if signage would be posted or would the curb get • painted red. Mr. Stendell replied that signage could be posted. Commissioner Holt inquired what is directly across from the proposed project. Mr. Swartz responded that there are two office buildings. Commissioner Holt asked what was in the proposed project building. Mr. Swartz said it was an air conditioning and heating business. Commissioner Holt asked if the subject property would remain a commercial building. Mr. Swartz replied that the zoning is Downtown Edge so a developer could convert the property to residential use. Chair DeLuna inquired if a seven-foot wall is permitted on the subject property. Mr. Swartz stated that technically no. He explained that originally the applicant had requested an eight-foot high wall. Staff let the applicant know that in a 9 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\7-18-17.docx MINUTES PALM DESERT PLANNING COMMISSION JULY 18, 2017 residential neighborhood, the maximum height for a wall is six feet. However, the applicant was concerned with dogs jumping over the fence if it were six feet tall. He noted that if the Planning Commission felt the seven-foot wall was a concern, staff could ask the applicant if they are willing to build a six-foot wall and grow a hedge. Chair DeLuna asked if a hedge would be a sound buffer. Mr. Swartz responded that he did not know. Commissioner Gregory asked if the wall would wrap the corner. Mr. Swartz pointed to the site plan and explained that the wall is not located within the right-of-way. He noted that a wall at a corner cannot be more than three feet in height so it does not compromise the line of sight from Alessandro Drive and Santa Ynez Avenue. Commissioner Gregory clarified that the line of sight requirement is irrespective of the wall height. If a wall was six feet or seven feet, it does not matter with respect to following the line of sight requirement. Mr. Swartz replied that is correct. MR. GARY HARRING, Palm Desert, California, stated that his bedroom will be next to the proposed doggy daycare. He commented that he already has problems with dog owners in the area. People walk their dogs and leave their dog's poop in his yard. He is concerned with the doggy daycare only having one parking space. He noted that Barkingham Palace is in a commercial zone and not in a residential area. In addition, Highway 111 is nearby and you can hear sirens from emergency vehicles when they go by. He asked how the sirens or people walking by the facility would affect the dogs at the daycare. He voiced noise would be a concern. Chair DeLuna inquired if there is any sound mitigation from inside the building, specifically along the wall adjacent to the apartment building. Mr. Swart replied not to his knowledge. MR. BRANDON BEDWELL, Palm Desert, California, stated that his property is west of the proposed project. He said as much as he loves the business proposal, he felt that the proposed location is not great for the use. Therefore, he strongly opposed the doggy daycare. MR. ADRIAN GONZALEZ, Palm Desert, California, stated that he lives near the proposed project. He said dogs pee and poop, which is going to attract flies and bugs. He is concerned with the business only having one parking space. He said Irr 10 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\7-18-17.docx MINUTES PALM DESERT PLANNING COMMISSION JULY 18, 2017 he has lived in the area for approximately 21 years and cars speed on Alessandro Drive. If people park on Alessandro Drive to drop off their dog, they Now would have to be careful that they do not get hit by a car. He also said that when The Hood has a big event, everyone parks on Alessandro Drive. He loves the proposed business and he knows they do well in La Quinta; however, he felt the proposed location is not a place for a doggy daycare. Chair DeLuna asked if the dogs could only be dropped off between 7:00 a.m. and 6:00 p.m. Mr. Swartz replied that is correct. No dogs are dropped off after 6:00 p.m. He said that the applicant can answer that question. MR. HABASH reaffirmed that the dogs are dropped off or picked up before 6:00 p.m. He noted that it takes a customer three to four minutes to drop off or pick up their dog, their drop off and pick up system is very streamlined, and they are a members' only facility. He addressed the odor issue and said that they bag, clean and thoroughly sanitize on the spot. In addition, the yard is thoroughly cleaned every evening. Vice Chair Pradetto asked the applicant to explain the raised turf for the yard. MR. HABASH explained that their yard is made of concrete, slopes into dry wells, and it is engineered to drain. The turf has what looks like soccer cleats flipped +■•• upside down, which elevates the turf and allows it to drain. Therefore, no smell lingers on top or under the turf. Vice Chair Pradetto asked if it is artificial turf. MR. HABASH replied yes. Chair DeLuna inquired if there is any concern with the turf getting too hot during the summer months. MR. HABASH replied no. He stated that 98 percent of their yard is shaded. They also have misters and fans that keep the yard cool and safe. The facility in La Quinta has been open for four and a half years without an incident due to the heat. Chair DeLuna commented that many residents are concerned with noise. She asked the applicant how he felt about letting the dogs out into the yard at 8:00 a.m. instead of 7:00 a.m. MR HABASH responded that they would have to do some research. He mentioned that there are some customers that drop off their dogs before they go 11 G:\Planning\Monica OReilly\Planning Commission\2017\Minutes\7-18-17.docx MINUTES PALM DESERT PLANNING COMMISSION JULY 18, 2017 to work. He explained that they keep the dogs in a room adjacent to the yard, which is the opposite side of the adjacent homes. Chair DeLuna clarified that she was not suggesting changing the time of when people can drop off their dogs. She suggested keeping the dogs inside until 8:00 a.m. MR. HABASH replied that they can make the time change work. Commissioner Greenwood mentioned that trash is indicated on the west property line, which is between the facility and adjacent residential complex. He asked if that is where the dog waste would be stored. MR. HABASH replied yes. Commissioner Greenwood asked how dog waste is currently handled at the La Quinta facility. MR. HABASH responded that dog waste is put into an individual bag, then into a larger bag. He said the dog waste has never been an issue at the La Quinta facility. Commissioner Greenwood pointed to an aerial photo of the site, and asked if there is an existing hammerhead parking lot design by the main entrance. Mr. Swartz replied yes. Commissioner Greenwood referred to the site plan and asked if the hammerhead design is eliminated, would there be an issue with cars having to back onto Alessandro Drive. Mr. Swartz responded that the Traffic Engineer reviewed the parking lot plan and approved the plan. Commissioner Greenwood asked if the existing four parking spaces are being reconfigured or do the spaces already exist. Mr. Swartz replied that the parking spaces already exist. Chair DeLuna inquired if a person parked in the one space for drop off and pick up will they be able to back straight out or would they need to back out onto Alessandro Drive. Mr. Swartz stated that they do not want anyone backing out onto Alessandro Drive. A person should be able to back out without backing out onto the street. ..rr 12 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\7-18-17.docx MINUTES PALM DESERT PLANNING COMMISSION JULY 18, 2017 Chair DeLuna asked the applicant if there is any sound mitigation inside the building. Now MR. HABASH referred to the site plan and pointed to the dog boarding room, which is located next to the yard and away from the adjacent apartments. With no further testimony offered, Chair DeLuna declared the public hearing closed. Commissioner Holt commented that she was first opposed to the proposed doggy daycare. However, she visited the facility in La Quinta for approximately 20 minutes and she did not hear a single dog bark the entire time that she was there. She mentioned that the facility was very clean and she was very impressed by the staff's professionalism. She noted that she has more problems with her neighbor not picking up their dog's poop, and would rather live next to this facility. She mentioned that her only issue would be with parking and the height of the wall. Vice Chair Pradetto stated that Palm Desert has a vision of becoming a more walkable City; a vision he firmly believes in. To get there it requires a little change on how they conduct business. They cannot be a City that simultaneously over parks and incentivizes walking. He stated that he is okay with the parking restriction and trusting that the business operator understands what the parking requirements are. Also setting the pace for changing the way they think about parking so they can get to a world where they are less dependent on a car. He is `••+ not saying that everyone is going to walk their dog to the proposed facility, but it is a step to rethink how they do business. Secondly, he does not think it is smart to continue to push perceived undesirable uses to Gerald Ford Drive and incentivizing people to drive there, which is completely opposite of the City's vision to be a less car dependent city. He stated he is leaning in favor and looking forward to further discussion. Commissioner Gregory commented that most people who would use the facility would drop off their dog then drive to work. It is idealistic in the long run to think of not using cars to drive across town. However, people would be using their cars to drop off their dog. He also commented he does not know how well you can control sirens coming from Highway 111, which can cause a dog to bark or whine. For the people that live or own property in the area, he noted that it is a transitional area and they are vulnerabl$; it is incumbent on the City to consider that fact. If the Planning Commission isl going to consider an area, it should be something compatible with the residential use. He is concerned with the loss of property value. He felt that the Mr. Habash runs a very good business and the people that spoke in favor are very enthusiastic. He voiced his concern with the tall wall close to the street and the parking situation is not ideal. Commissioner Greenwood echoed Commissioner Gregory's statements. He stated that he is concerned with the configuration of the parking lot and the 13 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\7-18-17.docx MINUTES PALM DESERT PLANNING COMMISSION JULY 18, 2017 seven-foot high wall. He would love to see this type of business in Palm Desert; however, he is not convinced that the proposed property location is appropriate for the area and is sensitive to the neighbors. Chair DeLuna said she is also concerned with parking. She wondered if the applicant would consider reducing the length of the yard so there could be additional parking, which would eliminate the concern with the corner and parking. She commented that she is not sure it is the right place to have a seven- foot wall and is also concerned with noise. However, the applicant is willing to change the time when dogs go out into the yard in the morning. She appreciated the applicant's caliber and the quality of business that he operates. She noticed that most of the people that talked in favor live outside of the area, which they address the quality of the business but they cannot speak on the impact it would have on the neighborhood. Chair DeLuna noted that she is sensitive of Vice Chair Pradetto's comments regarding the General Plan update to encourage the less use of automobiles, which increases pollution and traffic. She asked if the Commission's concerns could be addressed. After much discussion and review, Commissioner Gregory suggested a continuance so that the Planning Commission has an opportunity to visit the existing site in La Quinta to become educated on how the business operates. Commissioner Gregory moved to, By Minute Motion, continue Case No. CUP 17- 089 to August 1 so that the Planning Commission could visit The Village Pup in La Quinta. In addition, the Commission directed staff to look into the parking lot and the height of the wall to find out if there is a compromise that could be reached. Motion was seconded by Vice Chair Pradetto and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). The Commission thanked the applicant and the people for attending the meeting. B. REQUEST FOR CONSIDERATION to approve a Conditional Use Permit to operate a car dealership and allow Palm Desert Auto Sales to display automobiles outdoors within a shared parking lot located at 41-700 Corporate Way, Suite A. Case No. CUP 17-022 (Palm Desert Auto Sales, Palm Desert, California, Applicant). Mr. Swartz recommended that the Planning Commission continue this item to a date uncertain. He explained that staff sent out a notice for the public hearing. Concurrently, the applicant did not agree with staff's recommendation and the applicant requested more time to talk to adjacent tenants and the property management company. Chair DeLuna clarified that this item is different from Item C on the agenda. Mr. Swartz replied that is correct. wo 14 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\7-18-17.docx MINUTES PALM DESERT PLANNING COMMISSION JULY 18, 2017 Commissioner Greenwood moved to, By Minute Motion, continue Case No. CUP 17-022 to a date uncertain. Motion was seconded by Vice Chair Pradetto and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). C. REQUEST FOR CONSIDERATION to approve a Conditional Use Permit to operate a car dealership and allow Palm Desert Auto Sales to display seven (7) automobiles outdoors within its parking lot for sale purposes located at 74- 725 Joni Drive. Case No. CUP 17-042 (Palm Desert Auto Sales, Palm Desert, California, Applicant). Mr. Swartz outlined the salient points in the staff report (staff report is available at www.cityofpalmdesert.org). Staff recommended approval and the applicant is present to answer any questions. He asked if there are any questions of staff. j Chair DeLuna clarified that the applicant will not be servicing any cars and only selling cars. Mr. Swartz replied that is correct. Commissioner Holt had a question not pertinent to this item. She asked if staff could place non-controversial agenda items first on the agenda so the applicant does not have to wait through a long public hearing. Mr. Swartz replied yes. He did not anticipate many people coming to the hearing for the doggy daycare item since staff did not receive letters from the adjacent neighbors. Commissioner Gregory inquired if outdoor automobile sales became a problem in January of 2016 when the code changed. Mr. Swartz responded that it has been a problem for approximately 10 years. He said a Conditional Use Permit (CUP) will help Code Enforcement to regulate conditions, if needed. Chair DeLuna pointed to a picture that shows cars under tarps. She asked if they are connected to this business. Mr. Swartz replied no. It is a separate business across the street. Chair DeLuna declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. ROY PEREZ, Palm Desert, California, thanked the Commission for their time. He noted that the Google Earth picture displayed was taken approximately two years ago. They have since changed their business motto and now only sell 15 GAPlanning\Monica OReilly\Planning Comm ission\2017\Minutes\7-18-17.docx MINUTES PALM DESERT PLANNING COMMISSION JULY 18, 2017 classic cars. He indicated that they rent three hangars across the street to store their cars. The cars are old, unique, and valuable so they prefer not to keep them on the street. He mentioned that they attract customers from all around the world and out of the state, by appointment only. They do not use flags, balloons, or any advertisement. He noted that they have not had any issues with adjacent neighbors. Mr. Perez mentioned that other businesses have been misusing the parking spaces. He suggested banning overnight parking from 10:00 p.m. to 6:00 a.m. Chair DeLuna clarified that their cars are stored in a building across the street. MR. PEREZ responded that they rent three warehouses across the street to store the cars. Chair DeLuna asked if all the cars are inside the building; no cars are on the street. MR. PEREZ replied that is correct. On another subject, Commissioner Gregory commented that the City makes an effort to ensure landscape in industrial areas look nice. However, in many places the landscape is allowed to go feral. Mr. Stendell responded that Code Compliance has cited a couple of properties on the eastern side of Cook Street for landscape maintenance issues. He said there are some old areas that were developed before the City incorporated and do not have landscape plans. Commissioner Gregory mentioned that in the future, if the City has some leverage, it could be an opportunity to get cooperation from people that otherwise would not be inclined to address landscape issues. With no further testimony offered, Chair DeLuna declared the public hearing closed. Vice Chair Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2702, approving Case No. CUP 17-042. Motion was seconded by Commissioner Gregory and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). The Planning Commission thanked the applicant for doing business in Palm Desert. XIII. MISCELLANEOUS None 16 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\7-18-17.docx I MINUTES PALM DESERT PLANNING COMMISSION JULY 18, 2017 XIV. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Holt reported that the Art in Public Places Commission (AIPP) discussed the following: a Notice for Bids for the painting of traffic signal boxes, various award winning art projects, locations and submittals for the 2019 Desert X, and the art for the San Pablo Corridor. She expressed that she enjoys attending the AIPP meetings. B. PARKS & RECREATION None XV. COMMENTS Mr. Stendell introduced Mr. Ron Moreno, the new Senior Engineer/City Surveyor in the Department of Public Works. XVI. ADJOURNMENT With the Planning Commission concurrence, Chair DeLuna adjourned the meeting at 7:57 p.m. NANCY DE 'UNA, CHAIR ATTEST: --P� RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION -v MONICA O'REILLY, RECORDIVG SECRETARY 17 GAPlanning\Monica OFeilly\Planning Commission\201 TMinutes\7-18-17.docx