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HomeMy WebLinkAbout2019-03-19 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES TUESDAY, MARCH 19, 2019 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Vice-Chair Lindsay Holt called the meeting to order at 6:00 p.m. Ii. ROLL CALL Present: Commissioner Joseph Pradetto Commissioner Nancy DeLuna Vice-Chair Lindsay Holt Absent: Commissioner John Greenwood Chair Ron Gregory Staff Present: Jill Tremblay, Assistant City Attorney Ryan Stendell, Director of Community Development Eric Ceja, Principal Planner Kevin Swartz, Associate Planner Monica O'Reilly, Management Specialist II III. PLEDGE OF ALLEGIANCE Commissioner Nancy DeLuna led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Director of Community Development Ryan Stendell reported that the City Council approved the tentative parcel map for Stone Eagle, with the addition of two conditions of approval. V. ORAL COMMUNICATIONS None MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 2019 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of March 5, 2019. Rec: Continue to the next regular meeting. Upon a motion by Commissioner Pradetto, second by Commissioner DeLuna, and a 3-0 vote of the Planning Commission (AYES: DeLuna, Holt, and Pradetto; NOES: None; ABSENT: Greenwood and Gregory), 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 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). Associate Planner Kevin Swartz reported that the applicant requested a continuance. He mentioned at the first meeting the applicant had an individual speak on his behalf. However, the individual that spoke on his behalf is currently out of the country and due back at the end of the month. If the Planning Commission continued this item, the individual would be available for the first meeting in April. He said staff is ready to present the staff report if the Commission does not want to continue this item. Commissioner DeLuna stated that the Planning Commission has heard this case and continued this item multiple times, and convened this meeting just for this matter. She pointed out that there are one to two issues to address. She believed the applicant could communicate adequately so that the Commission could hear this item tonight. Commissioner Pradetto concurred with Commissioner DeLuna. Mr. Swartz proceeded to present the staff report (staff report is available at www.cityofpalmdesert.org). He noted that the applicant removed many of the vehicles. However, the applicant still has two rows of cars parked at the back of the building. He said the distance between both buildings is 40 feet, and the Fire Department does need 20 feet of clearance. Additionally, the Fire Department is not acceptable to have vehicles parked directly in front of the bays for safety reasons. Staff recommended allowing 10 2 MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 2019 cars displayed outdoors in designated areas, and the applicant could not park vehicles in front of the bays. Mr. Swartz said the applicant did not agree with the recommendation and offered to answer any questions. Commissioner DeLuna inquired if the Fire Department agreed to the 10 designated parking spaces. Mr. Swartz replied that is correct, noting that the Fire Department preferred the back area to be completely clear of vehicles. Mr. Stendell asked Mr. Swartz if the Fire Department gave staff an alternative if the applicant chose to close the doors (bays). Mr. Swartz replied no. He explained if cars are parked in front of the bays then the building must have fire sprinklers. Additionally, vehicles need to have fuel and tire pressure at a certain level. Therefore, the Fire Department expressed concern getting inside of the building if there is a fire. Vice-Chair Holt inquired if the applicant leases or owns the building. Mr. Swartz replied that the applicant leases the building. He believed the lease expires in six to seven months. Vice-Chair Holt asked if the applicant is currently nonconforming to code. Mr. Swartz indicated that Palm Desert inherited some of the uses in the area when it was Riverside County. In the past, the City seemed to disregard auto uses and allowed them indoors in the Service Industrial zone. However, over the years, auto dealers have abused the system and dealers started to store vehicles outside. A couple of years ago, the City Council approved a Zoning Ordinance Amendment to allow auto uses and the ability to store vehicles outdoors, subject to a Conditional Use Permit (CUP). Vice-Chair Holt asked if staff is now working through those cases. Mr. Swartz replied that is correct. Since the applicant wants to store vehicles outside, the City has to designate those certain parking spaces. Commissioner DeLuna recalled that at a previous meeting there was a stack of citations and complaints. She asked if the applicant addressed them all and in conformance with code. Mr. Swartz replied yes. Vice-Chair Holt asked if it is correct that everything is up to code and the only issue is the number of vehicles allowed outdoors at this location. Mr. Swartz replied that is correct. 3 MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 2019 MR. SHLOMO TURJEMAN, Applicant, Joni Drive, Palm Desert, said since the February meeting, he removed 20 cars that were displayed outdoors. He said it was difficult because he had to rent a storage facility to store the cars. He noted that cars parked on the street did not belong to him. He also removed a row of cars from the back of the building. He mentioned that he and his neighbor called the police concerning illegally parked cars and they had the cars towed. He expressed he did his best at removing cars, but needs two rows behind the building to display cars to have a successful business. Commissioner Pradetto recalled the applicant conducts business based on appointments. MR. TURJEMAN replied yes. He restated that he did his best to clean up the area. Commissioner Pradetto asked how many cars are inside the building. MR. TURJEMAN responded there are 35 to 36 cars inside the building. Commissioner Pradetto clarified that the applicant would have more than 40 spaces with 10 spaces outdoors. He assumed customers go to the applicant's website then make an appointment to see the car(s). He also assumed one customer would not want to see 45 cars at one time. MR. TURJEMAN replied that is correct. Commissioner Pradetto asked the applicant if he agreed he outgrew the space. MR. TURJEMAN replied no. He mentioned he leases the whole building and pays more rent. Vice-Chair Holt declared the public hearing open. However, Mr. Stendell interjected and reminded the Planning Commission that the public hearing was left open at the meeting of February 5. Vice-Chair Holt invited public testimony FAVORING or OPPOSING this matter. With no testimony offered, Vice-Chair Holt declared the public hearing closed. Commissioner Pradetto felt that the applicant outgrew the space and if he needs to display more than 45 cars, he does not think this is the right area. Therefore, he moved to approve staff's recommendation. Commissioner Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2750, subject to the conditions of approval. The motion was seconded by Commissioner DeLuna and carried by a 3-0 vote (AYES: DeLuna, Holt, and Pradetto; NOES: None; ABSENT: Greenwood and Gregory). XI. MISCELLANEOUS None 4 MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 2019 XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Mr. Stendell reported that the Commission selected four exhibitions for the Palm Desert Community Gallery. B. PARKS & RECREATION None XIII. COMMENTS None XIV. ADJOURNMENT With the Planning Commission concurrence, Vice-Chair Holt adjourned the meeting at 6:19 p.m. L DSAY HOLT, ICE-CHAIR ATTEST: RYAN STENDELL, SECRETARY . � . MONICA O'REILLY, RECORNNG SECRETARY 5