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Home My WebLink About2007-09-05 PCSS MinutesCITY OF PALM SPRINGS PLANNING COMMISSION STUDY SESSION MINUTES September 05, 2007 Large Conference Room, City Hall 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 CALL TO ORDER: The meeting was called to order at 2:04 p.m. ROLL CALL: Present Present Year: FY 2007/2008 This Meeting: to Date: Excused Absences: Chair Marantz X 4 2 Vice Chair Hochanadel X 6 0 Cohen X 6 0 Ringlein X 5 1 Hutcheson X 6 0 Caffery X 5 1 Scott X 6 0 REPORT OF POSTING OF AGENDA - The agenda was posted for public access at the City Hall exterior bulletin board (west side of Council Chamber) and the Planning Services Department counter by 5:00 p.m. on Friday, August 31, 2007. 1. PUBLIC COMMENTS: (Three minute time limit.) Chair Marantz opened Public Comments: Martha Higgins, on behalf of Wessman Development Company, spoke in reference to the building they own, Plaza Las Flores, on Tahquitz Canyon Way between Indian and Palm Canyon. Ms. Higgins noted an on -going problem with many vacancies for retail use on the first floor. Ms. Higgins requested an interim use for offices in the downtown area for the next two to three years. -Earl Greenburg, Total Marketing Partners, commented that they are currently renting the space upstairs at Plaza Las Flores and requested a year and a half ago to rent the space on the first floor and in the interim many property improvements have been made. Mr. Greenburg spoke in support of allowing offices on the first floor. -Joy Meredith, president of MainStreet and downtown business owner, spoke in support of office uses in the downtown area and welcomes locals to the area. There being no further appearances Public Comments was closed. City of Palm Springs Planning Commission Study Session Minutes of September 5, 2007 2. DISCUSSION - Office uses on the first floor in the C-B-D zone (Central business district) Craig A. Ewing, Director of Planning Services, provided background information as outlined in the memorandum dated September 5, 2007. Mr. Ewing stated under the current zoning regulations office use on the first floor is allowed with a land use permit (for office space less than 2,500 square feet) or a conditional use permit (for office space more than 2,500 square feet). Mr. Ewing noted that 2"d floor or space not fronting the street, office use is permitted by right and so the ordinance is written to try to keep office uses off of street front retail spaces. Mr. Ewing provided further details on the differences between a land use permit and a conditional use permit. Mr. Ewing discussed the inventory prepared by staff for the current office uses in the Historic Village Center. Mr. Ewing stated that the city's ultimate desire is to have a vibrant retail oriented downtown, however the market does not always meet these objectives and with empty tenant spaces many owners will consider office use. Ms. Ringlein suggested the City initiate a program to educate business owners on the ideal tenant mix and imposing code enforcement for property maintenance. Commissioner Scott noted over 2/3 of the businesses listed are real estate related offices and suggested adding a condition limiting a type of business to a certain percentage in the downtown area. Mr. Ewing responded that it would be difficult for the City to maintain percentages on a particular block. Mr. Cohen noted many repairs need to be done at several downtown properties and once the new approved hotels are developed retail will be highly needed in the downtown area. Mr. Hochanadel stated the side streets are not popular because business is not successful in these areas. The Commission discussed the storefront of the former Desmonds and its property maintenance issues. Mr. Hutcheson remarked that he noticed downtowns that are lively have a mixture of retail and office use. Mr. Hutcheson noted that the ordinance states in Section D, "... office uses have significantly eroded the vitality and economic health of the historic village center ... " and he feels this is the effect and the cause is the vacant Desert Fashion Plaza. Mr. Hutcheson said he felt it would be best to let the market dictate the type of business and recommended not extend the urgency ordinance or limit office space to a certain percentage. Mr. Cohen concurred with Commissioner Hutcheson and suggested imposing a time limit on conditional use permits. Chair Marantz voiced concern with real estate offices displaying advertising on television screens during the evening hours, as well as the sale of goods on the sidewalk. 2 City of Palm Springs Planning Commission Study Session Minutes of September 5, 2007 The consensus of the Commission is to incorporate a time limit on land use permits and conditional use permits. Vice Chair Hochanadel noted the drawback on imposing time - limits on tenants is that they will not invest money into property improvements. Mr. Ewing provided additional information on time -frames for land use and conditional use permits. Mr. Ewing reminded the Commission that they have more latitude with conditional use permits during public hearings to impose a two, five or ten year time frame. Mr. Ewing provided a recap of the discussion and reported that once general direction is received from the City Council, further dialogue will continue. 3. DISCUSSION - Massage Ordinance Craig A. Ewing provided background information as outlined in the memorandum dated September 5, 2007. Mr. Ewing stated massage is prohibited in the Central Business zone as a stand alone and is currently only allowed as an accessory to a spa or a hotel. Mr. Ewing stated that a request has been received from a national franchise for stand alone massage business called "Massage Envy. Staff inquired of the Commission if the current zoning code is still appropriate to regulate a changing industry. Commissioner Cohen commented that he read the massage ordinance and feels it is very out -dated and in need of a change.. -Holly Nelson, franchise owner, provided details on Massage Envy and emphasized their goal is to make it convenient and affordable. Ms. Nelson stated that Massage Envy operates on a membership basis collecting monthly dues and offering a discounted price for massage. Ms. Nelson noted that it is made convenient by locating their spas within shopping centers. -Joy Meredith, stated this is just another example of the changing times and spoke in favor of this project. -Daniela Alexander, broker for Donahue Schriber for Smoketree Commons, spoke in favor of Massage Envy and emphasized massage is the fastest growing industry. Mr. Hochanadel noted massage services are currently offered downtown during the Village Fest. Mr. Ewing responded that the City has given the Village Fest Committee the right to determine what types of businesses will be allowed. Staff noted massage is regulated for public health and over concems with moral issues. Chair Marantz felt the necessary parking may be a problem in the downtown area however, noted a shopping center is good location for this type of business. Commissioner Scott questioned the single practitioner in a one suite space. Staff noted the first step is to discuss the use an activity and from there the next step is to discuss the regulation of location, tenant size, etc. 3 City of Palm Springs Planning Commission Study Session Minutes of September 5, 2007 Commissioner Cohen noted this is very common in New York and people wait in line during their lunch hour for a 20 minute massage and is in favor of the shopping center location for the massage franchise. Mr. Ewing noted the next step would be for the Commission to initiate a zoning text amendment. Chair Marantz stated she is comfortable directing staff to initiate a zoning text amendment providing the parking requirements are met. Vice Chair Hochanadel suggested allowing the side (sleeper) streets as appropriate locations for this type of business. Staff noted the Municipal Code includes a massage ordinance regarding the operational requirements and background checks and the zoning ordinance addresses land use. Mr. Hutcheson suggested the sole practitioner be located adjacent to a chiropractor or doctor's office. The consensus of the Commission was to direct staff to initiate a zoning text amendment. 4. CITY COUNCIL ACTIONS: Update. Craig A. Ewing provided an update on forthcoming projects to the City Council. 5. COMMISSION/STAFF REPORTS AND REQUESTS - Vice Chair Hochanadel noted it has been a couple of years since an annual Commission Dinner has been held and requested staff to follow-up. Staff responded this request would be forwarded. Mr. Cohen requested staff address parked trucks displaying advertising. Staff responded this is code enforcement issue and to forward concerns to them. Commissioner Ringlein commented on the e-mail she sent regarding water conservation and noted this would be good topic for the Commission to hear. Staff responded a new commission has been formed to work on issues concerning conservation and indicated instruction would be given the staff liaison, Gary Calhoun, to contact the water agency. 6. ADJOURNMENT: There being no further comments the meeting adjourned at 3:29 p.m, of Pl�hoing Services 11