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HomeMy WebLinkAbout2018-11-06 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES TUESDAY, NOVEMBER 6, 2018 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Vice Chairman Ron Gregory called the meeting to order at 6:00 p.m.. II. ROLL CALL Present: Commissioner Lindsay Holt Commissioner John Greenwood Commissioner Nancy DeLuna Vice Chairman Ron Gregory Chairman Joseph Pradetto arrived at 6:04 p.m. Staff Present: Jill Tremblay, Assistant City Attorney Ryan Stendell, Director of Community Development Eric Ceja, Principal Planner Kevin Swartz, Associate Planner Nick Melloni, Assistant Planner Monica O'Reilly, Management Specialist II III. PLEDGE OF ALLEGIANCE Commissioner John Greenwood led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Director of Community Development Ryan Stendell stated he had nothing to report regarding City Council actions and introduced Mayor Pro Terri Susan Marie Weber. On behalf of the City Council, Mayor Pro Tern Weber thanked the Planning Commission for their service and presented them with a gift of appreciation. MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 6, 2018 V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of October 2, 2018. Rec: Approve as presented. Chairman Joseph Pradetto requested Item B be removed for a separate discussion on Section VII, Consent Items Held Over. Upon a motion by Commissioner DeLuna, second by Vice Chairman Gregory, and a 5-0 vote of the Planning Commission, (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None), the remainder of the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER A. REQUEST FOR CONSIDERATION of a one-year time extension for Precise Plan 06-18 and Conditional Use Permit 06-15 for an 88-room hotel and restaurant pad located at 75-144 Gerald Ford Drive. Case Nos. PP 06-18 & CUP 06-15 (John C. Wang, Yorba Linda, California, Applicant). MR. JOHN WANG, the Applicant, Yorba Linda, California, asked the Planning Commission to approve the request for a one-year time extension and provided a brief history of the project. Over the years, Mr. Wang said he attempted to develop the hotel alone and bring his vision to life; however, has had various failures. He felt another experienced hotel developer could build the hotel much faster than he can. He found a potential buyer that has been successful, which could give the project new hope. A new hotel would generate tax revenue and jobs. Mr. Wang believed that the best use for the site is a franchised hotel and without a Conditional Use Permit (CUP), the hotel developer will have less incentive to consider Palm Desert. He thanked the Commission for their time. MS. SUSAN HARVEY, Palm Desert, California, mentioned she attended a lodging conference in September and took the information of the project to hoteliers from across the nation. She noted there were approximately 2,000 hoteliers at the conference. She said the majority of the interest is in a project that has been approved. She noted that the potential buyer Mr. Wang spoke about is interested in the project because there is a CUP in place. She requested that the Planning Commission grant the extension. She understood there are thoughts that the exterior and landscape is antiquated. However, she felt the potential new owner could address those issues as part of the approval process. Chairman Pradetto asked staff to what extent could the Planning Commission discuss the subject matter. 2 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-6-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 6, 2018 Mr. Stendell explained that the Commission could take an action on the item and noted there was a recommendation made by staff. Commissioner Nancy DeLuna asked if the public hearing is closed. Chairman Pradetto remarked that it is not a formal public hearing. However, anyone that would want to speak has an opportunity to comment. Vice Chairman Gregory requested that City staff address the issues pertaining to the project. He said the project is very old and he is sure everyone would want Mr. Wang to be successful. He felt it was important to hear from the staff. Associate Planner Kevin Swartz stated that the issue is the duration of the project. He indicated the project has already received six extensions. Since the project was approved, there are numerous hotels that have been built and the City recently approved a Holiday Inn Express and a future hotel. He said the project has not had any movement, and City staff is concerned it would be in the same situation after a year if the extension is approved. Vice Chairman Gregory asked if the project would be in the same situation because it would be difficult, in the limited period of time, to bring the hotel to current expectations with respect to design, codes, etc. Mr. Swartz replied that is correct. He explained that the Department of Public Works is going to require an updated grading plan, a Water Quality Management Plan (WQMP), and plans must meet updated building codes. If the potential new hotel developer were to make changes to the architecture, plans would need to go to the Architectural Review Commission for review and approval. Furthermore, codes have changed and the developer is no longer required to build a restaurant; therefore, the hotel could be expanded. Vice Chairman Gregory commented that the project has perceived value because of the entitlements. However, it may not work well if the buyer is required to update plans. He voiced his concern that it might be misleading to a potential buyer. He asked how many extensions were previously approved. Mr. Swartz responded that six extensions have been granted. Vice Chairman Gregory expressed that the Planning Commission would be doing people a disservice if they were to grant another extension. Mr. Swartz noted that staff's recommendation has been consistent with other projects. He mentioned there are a couple of projects that might come forward to request extensions, and staff's recommendation would be to deny the request. If the Commission approved the extension, Chairman Pradetto asked what legal changes the applicant would have to do without any type of direction from the Planning Commission. 3 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-6-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 6, 2018 Mr. Swartz replied that the applicant would need to update the landscape plans, grading plans, and a WQMP. Vice Chairman Gregory interjected his concern for the architectural style. If it is determined to approve an extension, he expects to see updated plans for today's date. He noted that the current plans clearly show architecture from a different time. Commissioner DeLuna concurred with Vice Chairman Gregory's comments, adding that the City has an updated General Plan. There are also new regulations and the project's studies are out of date. Whether the extension is approved or not, the applicant would need to update plans. She stated City staff does a great job of thoroughly researching planning cases; therefore, she finds merit to staff's recommendations. Vice Chairman Gregory commented that he feels for the applicant because of the recession. Regrettably, with all the comments that have been made, he suggested a denial of the request for an extension for the project. Commissioner Lyndsay Holt felt there is an opportunity for the project, if the developer wishes, the City can write a letter explaining the denial in detail so the applicant could market the site. Commissioner DeLuna clarified that the Commission is in favor of denying the extension. Chairman Pradetto replied that is correct. Vice Chairman Gregory moved to, by Minute Motion, deny a one-year time extension for Case Nos. PP 06-18 and CUP 06-15. The motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). VIII. NEW BUSINESS None IX. CONTINUED BUSINESS A. MINUTES of the Regular Planning Commission meeting of September 18, 2018. Commissioner Greenwood moved to, by Minute Motion, approve as presented the Minutes of the Regular Planning Commission meeting of September 18, 2018. The motion was seconded by Vice Chairman Gregory and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). 4 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-6-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 6, 2018 X. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION for approval of a 10,500-square-foot cannabis manufacturing, delivery, and distribution facility for JW Brands located at 75-080 Saint Charles Place; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Case No. CUP 17-0027 (JW Brands, Palm Desert, California, Applicant). Principal Planner Eric Ceja presented the staff report (staff reports are available at www.cityofpatmdesert.org). He noted that City staff did not receive any correspondence in favor or in opposition to the proposed use. Staff recommended approval and offered to answer any questions. Commissioner DeLuna asked if there would not be retail sales at the proposed site. Mr. Ceja replied that is correct. For security purposes, Commissioner DeLuna mentioned she did not see any provisions for exterior lighting and asked if there are any provisions. Mr. Ceja deferred the question to the applicant. Commissioner DeLuna asked if the applicant could address how they would mitigate odors. Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. RICKY MAUCH, Representative for JW Brands, offered to answer any questions. Chairman Pradetto asked the applicant to address Commissioner DeLuna's concern regarding exterior lighting. MR. MAUCH responded that significant lighting would be added around the building, particularly in the rear yard area for security purposes. Commissioner DeLuna asked the applicant to address odor control. MR. DANIEL CHATTIN, Representative for JW Brands, said that they would be using ionizers, which are commonly found in hospitals. The ionizers would be located at the entrances and exits to mitigate odors. He noted the information is in the binder, which was given to the Commission. MR. MAUCH appreciated the opportunity to have their business in Palm Desert and they are looking forward to having a successful relationship with the City. Commissioner Greenwood asked what portion of the building the applicant would not occupy. 5 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-6-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 6, 2018 MR. MAUCH responded that they would be occupying the entire building and there are no other occupants. Commissioner Holt asked what occurs in the extraction room. MR. MAUCH explained that the extraction room is considered a Class 1 Division Room because volatiles are located in the room. He said there are specific code requirements with Class 1 Division protocols. He stated that they have a robust system to meet all codes. Commissioner Holt inquired if there will be security dogs on-site. MR. MAUCH replied that they are not. With no further testimony offered, Chairman Pradetto declared the public hearing closed. Vice Chairman Gregory commented that City staff has done a very thorough job and there is nothing in the staff report he would be concerned with and would make a motion for approval. Vice Chairman Gregory moved to waive further reading and adopt Planning Commission Resolution No. 2737, approving Case No. CUP 17-0027, subject to the conditions of approval. The motion was seconded by Commissioner Greenwood and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). B. REQUEST FOR CONSIDERATION of Conditional Use Permit 18-0005 to establish a 2,512-square-foot microbrewery with a taproom bar within an existing industrial warehouse space located at 77-770 Country Club Drive, Suite D; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Case No. CUP 18-0005 (Desert Beer Company, Palm Desert, California, Applicant). Assistant Planner Nick Melloni presented the salient points from the staff report. Commissioner DeLuna asked if it is correct that neighbors were notified and there were no comments. Mr. Melloni replied that is correct. Commissioner Greenwood inquired if there was discussion regarding mitigations for odor. Mr. Melloni responded that staff did not have a concern with odor. He noted the applicant is available to address any concerns with odor. Commissioner Greenwood asked if all taproom activity will remain within the building and not in the alley. Mr. Melloni responded that is correct. 6 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-6-18 min.dou MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 6, 2018 Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. DEVON SANCHEZ, the Applicant, Palm Desert, California, briefly shared his experience with beer brewing and winemaking. He noted he has applied for all the permits needed by the California Department of Alcoholic Beverage Control (ABC) and other agencies. He offered to answer any questions. Chairman Pradetto asked the applicant if it is the first brewery he is opening. MR. SANCHEZ replied it is his first business and brewery. He worked at three different breweries managing the taproom and producing beer. Chairman Pradetto asked the applicant to address the concern with odor. MR. SANCHEZ stated that there should not be an issue with odor. He explained the odor would smell similar to a bakery due to the use of flour and yeast in the production of beer. He informed the Commission there would be ventilation going out of the roof for the steam to get out that is coming from the brewing/boiling process. Commissioner Greenwood suggested the applicant look at the party wall between his suite and the adjacent business owner to mitigate potential odor issues. MR. SANCHEZ responded there would be ventilation in his suite, and he would discuss the matter with his neighbors. Commissioner Greenwood also suggested the applicant discuss the party wall with his designer or architect to make sure the wall was addressed accordingly. Lastly, he mentioned all taproom activity must remain within the business. MR. SANCHEZ remarked that the ABC permit limits all activity to occur within his space. Commissioner Greenwood commented there are a couple of successful breweries in the Coachella Valley. He asked the applicant if would be offering anything new and exciting. MR. SANCHEZ responded that he would like to use local ingredients in his beer as much as possible. In addition, creating a family-friendly environment and mentioned he would have non-alcoholic beverages available. He also mentioned people would be able to order food from local restaurants and be able to eat the food in the taproom. Commissioner Holt asked City staff if food trucks are allowed in the area and able to park near the brewery. Mr. Stendell replied that food trucks are allowed under certain conditions. Commissioner Holt said food trucks are another great option. 7 GAPlanning\Monica OFeilly\Planning Commission\2018\Minutes\11-6-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 6, 2018 Commissioner Greenwood inquired if the area between the bar and the double doors going into the lobby would be part of the taproom. MR. SANCHEZ answered that the design is to keep people closer to the bar. He said the space going into the lobby would be used mostly for retail or storing products. With no further testimony offered, Chairman Pradetto declared the public hearing closed. Commissioner Greenwood felt that the proposed microbrewery and taproom is a great project. The use is compatible with the zoning requirements and would be a proper fit in the area. He stated he is in favor of the project and motioned for approval. Vice Chairman Gregory said he would second the motion; however, he first asked if Commissioner Greenwood would like to include the party wa►l as part of the motion. Commissioner Greenwood responded he would want the business to be successful and does not want there to be an issue with odor in the future. He stated he would add a condition that the applicant provides the necessary research to ensure the odor is mitigated within the suite. Vice Chairman Gregory asked if the condition would be a substantial expense for the applicant. Commissioner Greenwood responded it could only be mechanical and already in the applicant's design plans. Vice Chairman Gregory hoped the Commission would not be potentially hindering the app►icant if the condition creates a complication. Mr. Stendell interjected that the Commission has given staff enough direction without being heavy-handed. Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2740, approving Case No. CUP 18-0005, with the addition of the following condition of approval: 1) Provide the necessary research to ensure odors are mitigated within the suite. The motion was seconded by Vice Chairman Gregory and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). The Planning Commission thanked the applicant for choosing Palm Desert to do business and wished him good luck. XI. MISCELLANEOUS None 8 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-6-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 6, 2018 XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None XIII. COMMENTS Mr. Stendell commented that there are agenda items for the Planning Commission meeting scheduled for November 20. Commissioner Greenwood asked staff if the City has looked at providing a lit portion of turf at the Civic Center Park, possibly by the tennis courts. Mr. Stendell responded that staff would look into it. XIV. ADJOURNMENT With the Planning Commission concurrence, Chairman Pradetto adjourned the meeting at 6:59 p.m. G - JOS,rzPH PRADETTO, CHAIRMAN ATTEST: �— RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O'REILLY, RECOFibING SECRETARY 9 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-6-18 min.docx