Loading...
HomeMy WebLinkAbout2019-02-05 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION - MINUTES TUESDAY, FEBRUARY 5, 2019 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Ron Gregory called the meeting to order at 6:00 p.m. Ii. ROLL CALL Present: Commissioner Joseph Pradetto arrived at 6:07 p.m. Commissioner John Greenwood Commissioner Nancy DeLuna Chair Ron Gregory Absent: Vice-Chair Lindsay Holt 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 provided the Planning Commission with a copy of the City Council's goals for 2019. MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019 V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of January 15, 2019. Rec: Approve as presented. Upon a motion by Commissioner Greenwood, second by Commissioner DeLuna, and a 3-0 vote of the Planning Commission (AYES: DeLuna, Greenwood, and Gregory; NOES: None; ABSENT: Holt and Pradetto), the Consent Calendar was approved as presented VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION to approve a Conditional Use Permit for AT&T Mobility to install a three-sector wireless facility on the rooftop of The Vault at BIGHORN Golf Club located at 182 Metate Place, and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. CUP 18-0004 (AT&T Mobility, Tustin, California, Applicant). Associate Planner Kevin Swartz presented the staff report (staff report(s) are available at www.cit ofofpalmdesert.org). Staff mailed a public hearing notice to nearby residents and did not receive any comments. He noted that BIGHORN Golf Club (BIGHORN) homeowners' association approved the wireless facility. Commissioner Greenwood referred to the applicant's three options. He asked if the applicant has selected an option. Mr. Swartz replied no and displayed the elevations on the screen. Chair Gregory declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MS. MELISSA FRANCISCO, Representative for AT&T, Tustin, California, offered to answer any questions. 2 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019 With no testimony offered, Chair Gregory declared the public hearing closed. Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2747, approving Case No. CUP 18-0004, subject to the conditions of approval. The motion was seconded by Commissioner DeLuna and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: Holt). B. REQUEST FOR CONSIDERATION to approve a Conditional Use Permit for AT&T Mobility to install a two-sector wireless facility on the rooftop of The Steakhouse at BIGHORN Golf Club located on the Canyons side at 312 Canyon Drive, and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. CUP 18-0006 (AT&T Mobility, Tustin, California, Applicant). Mr. Swartz stated that the wireless facility is similar to the previous application and presented the staff report. He said that the wireless facility is only visible by residents that live in BIGHORN. He recommended approval and offered to answer any questions. Commissioner Nancy DeLuna clarified that tower service is only for the residents of BIGHORN. Mr. Swartz replied that the service is primarily for BIGHORN residents. Chair Gregory declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MS. FRANCISCO pointed to the coverage map and said wireless service would cover mostly BIGHORN residents and some of the Highway 74 area. With no further testimony offered, Chair Gregory declared the public hearing closed. Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2748, approving Case No. CUP 18-0006, subject to the conditions of approval. The motion was seconded by Commissioner DeLuna and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: Holt). C. REQUEST FOR CONSIDERATION for approval of Tentative Parcel Map 37611 to subdivide a 1.64-acre parcel into three separate parcels for the future development of a retail commercial center at the southwest corner of Washington Street and Avenue of the States, and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. TPM 37611/18-0005 (Lumar Devco, LLC, Newport Beach, California, Applicant). Assistant Planner Nick Melloni outlined the salient points from the staff report. He stated the Planning Commission approved a Precise Plan (PP) and a Conditional Use Permit (CUP) for a retail center on the property on November 20, 2018. He conveyed that the request is only to subdivide the parcels and there are no changes to the property. Staff mailed a hearing notice to neighbors within 300 feet; there were no comments favoring or 3 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019 opposing this matter. Mr. Melloni stated there are two memorandums dated January 31, 2019, from Planning and Public Works staff, which contains revised conditions of approval. If the Commission moved to approve Tentative Parcel Map 37611 (TPM 37611), staff recommended the Commission include in their motion to revise the Public Works conditions in Planning Commission Resolution No. 2749, as contained in the memorandum. Staff also recommended that the Commission clarify that Condition of Approval No. 7 in Resolution No. 2749 referencing all conditions of Resolution No. 2744 shall remain in effect and carried over to TPM 37611. Commissioner DeLuna commented that in November they discussed odor mitigations due to Pad C being adjacent to a housing community, and noted that she is still concerned. She inquired if there is any indication about the restaurant type or user. She also inquired if they addressed odor mitigations. Mr. Melloni replied no. He stated that in the original CUP approved in November, the Planning Commission added a condition directing the applicant/tenant to implement odor mitigation measures deemed sufficient to City staff. Commissioner Greenwood inquired if the TPM requires a type of reciprocal parking agreement. Mr. Melloni answered yes. Commissioner Greenwood asked if there is a condition stipulating the reciprocal parking agreement. Mr. Melloni replied yes. It is currently Condition of Approval No. 6. Chair Gregory declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. DAVE GARRISON, Representative for Lumar Devco, LLC, Newport Beach, California, said they have not made drastic changes and agreed to all of the conditions. They look forward to doing business in the City of Palm Desert. Commissioner DeLuna asked Mr. Garrison to address odor mitigations for Pad C. MR. GARRISON responded that they would mitigate odors based on the actual use. With no further testimony offered, Chair Gregory declared the public hearing closed. Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2749, approving Case No. TPM 37611/18-0005, amend the Public Works Department conditions of approval contained in the memorandum dated January 31, 2018, and all conditions of approval from Resolution 2744 shall remain in effect and carried over to TPM 37611. The motion was seconded by Commissioner Pradetto and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: Holt). 4 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019 D. REQUEST FOR CONSIDERATION of a Conditional Use Permit to allow Auto Desert to expand its car dealership outdoors and display up to 10 automobiles within its shared parking lot for sale purposes located at 74-990 Joni Drive, Unit Al, and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. CUP 17-111 (Auto Desert, Palm Desert, California, Applicant). Mr. Swartz reviewed the staff report. He mentioned that the Planning Commission received a copy of the applicant's proposal prior to the meeting. He displayed an aerial view of the site and pointed to areas that City staff and the Fire Department have concerns with the fire lane access. Staff mailed a public hearing notice and staff received letters in opposition to the CUP. He noted that the Commission received a copy of the letters. He also spoke to numerous individuals who were confused. They thought the City was recommending 10 spaces within the street, which is not staff's recommendation. He explained that a CUP would allow staff the necessary authority to have the applicant conform to the conditions of approval. If the applicant fails to comply with the conditions, the City could issue administrative fines, a notice to appear in court, or revoke the CUP. He mentioned that the Fire Department is in the process of installing signs indicating the fire lanes and no allowed parking. Commissioner DeLuna commented that the Commission received 111 pages of code compliance violations since 2015. There is a pattern that shows the applicant does not obey the rules. She asked if there is any reason to believe the applicant is going to follow the CUP conditions of approval. Mr. Swartz believed the applicant would obey the conditions of approval. With a CUP, the City could immediately issue a fine or revoke the CUP. Commissioner Joseph Pradetto asked if the fire lane is 20 feet from the centerline between the building or 20 feet from the edge of the buildings. Mr. Swartz replied it is 20 feet between the buildings. Commissioner Pradetto commented that with the cars parked behind the building there is 20 feet; however, it would not allow anybody associated in the second building to park along their building. Mr. Swartz replied that is correct. Commissioner Pradetto pointed out that the applicant is dictating the 20 feet based on how they park their cars. Mr. Swartz replied that is correct. Commissioner Pradetto inquired if the applicant is leasing Building 1 entirely. Mr. Swartz replied that is correct. 5 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019 Commissioner Pradetto asked if there is any harm parking a single row of cars behind Building 1. He asked if adjacent business owners are complaining about the lack of internal parking. Mr. Swartz responded that a couple of business owners complained about the internal parking and prefer the applicant move to a different location. Commissioner Pradetto inquired if the business owners prefer the applicant move to a different location due to personal or competitive issues. Mr. Swartz answered that the issue with parking have been occurring over time and the business owners in the area are fed up. Chair Gregory asked what the distance between Building 1 and Building 2 is. Mr. Swartz did not know the exact distance between both buildings. He believed the distance is a little over 30 feet. Chair Gregory asked if the Fire Department should be able to park between buildings. Mr. Swartz replied yes. Chair Gregory inquired if parking the cars for sale behind the building disrupts operations for other businesses in the area. Mr. Swartz communicated that there is welding business in Building 2 and they temporarily park vehicles by their building. He indicated that the applicant's vehicles are parked and stored overnight, which is the concern. Commissioner Pradetto asked if there would be signage stating no 24-hour parking, or one- or two-hour parking minimum. Mr. Swartz was not sure on the exact wording for the signage. He said signage could be "Fire Lane — No Parking Anytime." Chair Gregory commented that he would like to signage stipulated so there is no question about it. He stated that the goal is to make everything very clear. Mr. Swartz said that City staff would work with the Fire Department to make sure signage is clear. Chair Gregory declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. MARTIN DASZKAL, Palm Desert, California, noted he is present to assist the applicant to communicate with the Planning Commission. He expressed that not allowing the applicant to park vehicles behind the building would cause hardship. He stated that part of the problem there is not a definitive detail for parking in a congested area. It would help the applicant if he were able to park one row of cars behind the building. He 6 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019 mentioned the distance between both buildings is closer to 40 or 50 feet. Mr. Daszkal suggested limiting parking on Joni Drive to two-hour parking. Commissioner DeLuna reiterated that there are 111 pages of code compliance violations in three years and more if you look beyond the three years. If the Commission were to approve any number of parking spaces, she asked the applicant how the Commission would be assured he is going to adhere to the rules. MR. DASZKAL said he could not comment. He restated that he is a friend trying to help the applicant. He made clear that going from 28 parking spaces to 10 would be a financial hardship for the applicant. He hoped there is a happy medium that would satisfy the Planning Commission, the Fire Department, and the current business. Commissioner Pradetto asked how long the applicant has been operating his business. MR. SHLOMO TURJEMAN, Applicant, Palm Desert, California, responded he has been operating his automobile business for five or six years. Commissioner Pradetto asked the applicant what days are his busiest. MR. TURJEMAN replied the weekends are the busiest. He mentioned he is losing business because there is no parking for customers. He said limiting parking on the street would help. Commissioner Pradetto asked Mr. Turjeman how many cars he parks in front of the business. MR. TURJEMAN replied that he used to park a couple of cars, but does not park cars in front anymore. Commissioner Pradetto asked how many appointments Mr. Turkeman handles. MR. TURJEMAN responded he has five to seven appointments a day. Commissioner Pradetto asked how many walk-ins Mr. Turkeman handles. MR. TURJEMAN he has more appointments than walk-ins. Commissioner Pradetto asked how many cars are parked inside the building. MR. TURJEMAN replied approximately 35 cars. With 35 cars parked inside, Commissioner Pradetto asked the applicant if he needs 28 cars parked outside. MR. TURJEMAN replied yes. He informed the Commission that he is trying to find the right space to relocate his business. 7 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019 If the Commission approves the CUP, Commissioner Pradetto explained that the CUP goes with the land. Therefore, the Commission really needs to look out for the future and all the businesses in the area. Chair Gregory asked how the City determined the number of spaces for the applicant's business. Mr. Swartz replied that staff determined the number of parking spaces based on the building size to accommodate customers and employees. Chair Gregory asked how many cars are parked within the parking lot along Cook Street. Mr. Swartz responded that staff is recommending allowing the applicant to have three parking spaces fronting Cook Street. Chair Gregory expressed that the business is busting out of its seams. He said if the City agrees to only allowing 10 cars to be displayed, then it would be harmful to the applicant's business. On the other hand, the applicant has to help clear up the street parking because it does not help his business or other businesses in the area. Therefore, it is important to find a balance. Commissioner Pradetto commented that he does not feel it is fair to give all the street parking to one building. He said all businesses might benefit if they are able to parallel park along each building in a single row, and the Fire Department would have plenty of space down the center. In addition to the Fire Department's requirement of 20 feet between buildings, Mr. Swartz noted that building exits could not be blocked. From his experience, Chair Gregory understood the Fire Department's requirement is 24 feet. He hoped that the City is not creating a problem. Mr. Swartz stated that staff spoke to the Fire Department and they reiterated that they only need 20 feet. Commissioner Pradetto asked how many tenants are able to occupy Building 1. He asked if it depends on the number of tenants because the building could be divided into different units. Mr. Swartz responded that the building is currently divided into four units. Commissioner Pradetto asked how the 10 parking spaces are divided if the applicant decides to move to a more suitable space and the CUP goes with the building. Principal Planner Eric Ceja believed that the CUP for the 10 parking spaces is specifically for outdoor storage for vehicles for sale. It is correct that the CUP runs with the land. However, if a new tenant leases the building and not selling vehicles more than the 10 spaces that are reserved for outdoor display would not apply, and would be reopened for general parking. 8 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019 MR. KEN FRANK (adjacent business owner), Palm Desert, California, said he works in the building across from all the parked cars. He noted there are 20 units in the building and not 19 units. He stated that many people working in the building would like to park in the street, and objects to the applicant parking cars for sale on the street. He said other employees and himself have to park two blocks away to find a parking space. Staff assured him that granting a CUP would allow the City to issue a ticket, have the cars moved, or towed. Additionally, he said with the for sale cars parked in the street, the street sweeper cannot clean the street and noted there is signage. Commissioner Pradetto asked Mr. Frank if he is referring to the internal parking along Cook Street or external parking on Joni Drive. MR. FRANK replied he was concerned with cars parked on Joni Drive. MR. DASZKAL expressed parking is a major issue throughout the area. He stated that there has to be a fair number of parking spaces to accommodate the applicant and adjacent business owners. He suggested implementing two-hour parking or a definitive where everyone has to park. With no further testimony offered, Chair Gregory declared the public hearing closed. Commissioner Pradetto commented that the 28 external parking spaces and the 35 internal spaces are too many. He felt that the applicant has outgrown the space; however, he is glad the business is successful. He mentioned the applicant acknowledged he has outgrown the space and is looking for a new location. He also mentioned that there seem to be disagreements between the different tenants. He said there might be an opportunity to have a discussion with the homeowners' association (HOA) and find out if there is enough space along the centerline to allow for fire access and each building to have six or seven parking spaces along the external side of the building. He preferred not to vote on this matter and continue the item so that the Commission could see new exhibits of different parking configurations. He would like to see if there could be seven parking spaces in a single row, plus six parking spaces along the western boundary for a total of 13 spaces. Even though the recommendation is 10 parking spaces, more parking spaces would be available along Cook Street. He would also like to see an exhibit with the fire lane(s) and verify the amount of space needed by the Fire Department. He commented that he does not want to base his decision on the applicant's business model if he decides to relocate. If the matter is continued, Commissioner DeLuna asked if there is any way to have temporary restrictions so there is some self-abatement during the time of continuance. Commissioner Greenwood added that he is not opposed to continuing this matter. He felt verifying the fire lane is important. He asked if the Planning Commission has an option to approve staff's recommendation and later amend the CUP. Commissioner Pradetto asked if they are able to temporarily approve the recommendation under CEQA and does staff need to re-notice the public hearing. 9 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019 Mr. Stendell responded that a CUP could be amended. Therefore, the Commission has the option to temporarily approve staff's recommendation and amend the CUP at a future meeting or continue the item to a future meeting. Commissioner Pradetto commented that 45 cars are too much. Unfortunately, he felt space would not support that many cars in the future. He would like to see new exhibits in two weeks. He hoped the applicant would be able to bring back a letter of recommendation from the HOA that would benefit all of the business owners in the area. Commissioner DeLuna liked the idea of approving 10 to 16 parking spaces tonight then revisit the request. In the meantime, she would like to see some type of mitigation measures so business owners could see that the City is being fair to all parties. Commissioner Pradetto asked how much more of an effort to amend a CUP in two weeks. Mr. Stendell responded that it is easier to leave the case open and continue the item than approving the case and making an amendment. Mr. Swartz interjected if the Commission chose to approve the item, then amend the CUP, it would require a new public hearing, a re-notice, and redoing CEQA. Commissioner Pradetto asked if the applicant is billed for the additional administrative time. Mr. Swartz replied yes, which is taken out of a trust deposit. Chair Gregory commented he is concerned with the fire lane and the City needs to have a definitive or an indication of the measurements before they vote. Therefore, he would like to see a plan presented and continue this item to the next meeting. If the Commission allows the applicant to park a row of cars behind the building, he would like to know how the applicant is going to handle parking in front of the building. If the applicant does not handle parking in front of the building very well, he said the Commission would have to be very stringent and approve staff's initial recommendation. He communicated to the applicant that there is a problem and this is an opportunity for him to help the City help him and the neighbors. Commissioner Greenwood moved to, by Minute Motion, continue this item to February 19, 2019. The motion was seconded by Commissioner Pradetto and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: Holt). XI. MISCELLANEOUS None 10 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 2019 XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION Commissioner Greenwood reported that the Parks and Recreation Commission discussed issues with dogs off leash at the Cahuilla Hills Park. The YMCA of the Desert is preparing for camps, Youth and Government, and Y Rookies programs; and the Desert Recreation District is preparing for the Senior Games. He mentioned that the Senior Games pickleball tournament now qualifies for the nationals, held at the Indian Wells tennis garden. He announced the Coachella Valley Wildflower Festival is on Saturday, March 2 from 9:00 a.m. to 5:00 p.m. Lastly, there is a car auction at The Gardens on Wednesday, February 6 at 10:00 a.m. XIII. COMMENTS XIV. ADJOURNMENT With the Planning Commission concurrence, Chair Gregory adjourned the meeting at 7:11 p.m. RON GREGORY, CFO ATTEST: � !kYLAWPENDELL, SECRETARY MONICA O'REILLY, RECORD& SECRETARY 11