Planning Commission - Regular Meeting

TWENTYNINE PALMS PLANNING COMMISSION MEETING AGENDA 6136 Adobe Road Twentynine Palms, CA 92277 www.29palms.org Tuesday, September 17, 2024 AGENDA 5:00 P.M. CALL TO ORDER Pledge of Allegiance. Roll Call. ANNOUNCEMENTS These proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on the City website and clicking on the "Meeting Agendas" link. PUBLIC COMMENTS This is the time for the public to address the Planning Commission on issues within the jurisdiction of the Commission that are NOT on this agenda. All comments are to be directed to the Chair of the Commission and shall not consist of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during their comments. There is a time limitation of three minutes per person. If you haven’t already done so, please fill out name and address slips and give them to the Planning Commission Secretary. The Planning Commission is prohibited by the Brown Act (State law) from taking action or discussing at length items not included on the printed agenda. Public comments on specific agenda items will be deferred until consideration of the item on the agenda. COMMISSION COMMENTS AND REPORTS OF MEETINGS ATTENDED CONSENT CALENDAR 1 Approval of the Planning Commission Meeting Minutes of August 20, 2024. 3-5 Planning Commission - Regular Meeting - 20 Aug 2024 - Minutes - Pdf ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION PUBLIC HEARINGS-NONE Page 1 of 9 DISCUSSION AND POTENTIAL ACTION ITEMS COMMUNITY DEVELOPMENT DIRECTOR UPDATES STUDY SESSION 2 Entertainment Permits Workshop 7-9 The Planning Commission review and provide direction to Staff. Entertainment Permits Workshop - Pdf ADJOURNMENT It is the intention of the City of Twentynine Palms to comply with the Americans with Disabilities Act in all respects. If you are a person with a disability who requires a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, please request such modification or accommodation from the City Clerk at (760) 367-4890 (facsimile). Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Please advise us at the time whether you will require accommodations to participate in meetings on a regular basis. Any person affected by any application on this agenda may submit their concerns in writing prior to the meeting or appear in person and be heard in support or opposition to the proposal at the time the matter is considered on the agenda. The staff reports, applications and environmental documents may be viewed at either the office of Community Development or the office of the City Clerk, 6136 Adobe Road, from 7:00 a.m. until 6:00 p.m. Monday through Thursday, except legal holidays. The Invocation is given per Policy 10-01, and does not reflect the views of the City but rather is an expression of speech by a private citizen making the presentation. Telephone inquiries may be made at (760) 367-6799. If you challenge any agenda issue in court, you may be limited to raising only those issues that you or someone else raised at the public meeting described in this notice, or in written correspondence delivered to the City of Twentynine Palms at, or prior to, the public meeting. This notice of agenda is hereby certified to have been posted on or before 5:00 p.m., September 12, 2024. Cindy Villescas CMC, City Clerk Time/Date Page 2 of 9  TWENTYNINE PALMS PLANNING COMMISSION Regular Meeting City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 www.29palms.org August 20, 2024 Minutes CALL TO ORDER-Chair Walker called the meeting to order at 5:00 p.m. Pledge of Allegiance - Madison Walker led the Pledge of Allegiance. Roll Call - The following Commissioners were present: Cure, Garcia, Krushat, Walker. Commissioner Paahana had an excused absence. ANNOUNCEMENTS Chair Walker announced these proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on the City website and clicking on the "Meeting Agendas" link. PUBLIC COMMENTS Veno Nathraj, Twentynine Palms spoke regarding the floods and how it impacted his hotel. He furthered his comments stating that he believes it was flooded due to the development across the street. Chair Walker said the City received a site plan for a resort style hotel but no comments were attached. Chair Walker said the City received a letter from Imperial Enterprises expressing interest in working with the City for an aviation style hotel. Chair Walker noted that the City has not received applications from either of these two projects. COMMISSION COMMENTS AND REPORTS OF MEETINGS ATTENDED Vice Chair Cure said she has not attended any meetings however, she did attend some of the events for Area 29. She added that it is interesting to see a lot of the local businesses working together. Chair Walker said he attended the last City Council meeting. CONSENT CALENDAR 1. Approval of the Planning Commission Meeting Minutes of August 6, 2024. ACTION: A motion was made by Commissioner Krushat, seconded by Vice Chair Cure to approve the Minutes as submitted. The above motion was carried by the following: ROLL CALL VOTE: Ayes: Cure, Garcia, Krushat, Walker. Noes: NONE Abstain: NONE Absent: Paahana Page 1 of 3 Page 3 of 9  Planning Commission - Regular Meeting August 20, 2024 ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION-NONE PUBLIC HEARINGS-NONE DISCUSSION AND POTENTIAL ACTION ITEMS-NONE COMMUNITY DEVELOPMENT DIRECTOR UPDATES-NONE STUDY SESSION 2. Development Code Amendment Chapter 19.124 Mobile Home Parks and Special Occupancy Parks RECOMMENDATION: That the Planning Commission discuss the proposed revisions to Chapter 19.124 and provide direction to staff. Director Gardner said this particular code section is an attempt to do some code clean up and has been before the Planning Commission several times. The Commission previously asked staff to separate mobile home parks from special occupancy parks. Director Gardner presented a brief staff report identifying the Commissions requested changes. Director Gardner said he received an email from Richard Card in opposition to banning campgrounds in the Rural Living land use zone. The Commission had a brief discussion and agreed to keep campgrounds out of Rural Living land use zone. They also discussed screening requirements. Chair Walker clarified to the public that this is only a study session, no action is being taken. Each member of the public that wishes to speak will have 3 minutes. Chair Walker opened to Public Comment. Gene Eldelman, Gardena said he had a misunderstanding, but these regulations don't have an affect on his project. He has a project that is in the (CT) Tourist Commercial land use zone and intends to submit soon. Susan Peplow, Joshua Tree commented on RV parks, onsite cabins and length of stay. Richard Card, Twentynine Palms spoke in opposition to the item. Dror Waissengrin, Imperial Enterprises spoke regarding a sustainable aviation-themed hotel and wondered what lands are available for his idea/ project. Veno Nathraj, Twentynine Palms asked if these mobile home parks and special occupancy parks are allowed in commercial zones. Chair Walker closed Public Comments. The Planning Commission had a discussion regarding the study session and noted that they would like to eliminate the 14 days on RV and campgrounds. The Commissioners would like staff to show a land use map identifying the Tourist Commercial land use zones. Staff will draft the suggested minor changes and bring the code amendment back to the Commission for a Public Hearing at future date. There was no reportable action from the study session. Page 2 of 3 Page 4 of 9  Planning Commission - Regular Meeting August 20, 2024 ADJOURNMENT- Chair Walker adjourned the meeting at 5:51 p.m. Respectfully Submitted, Shelley Green, Planning Commission Secretary Page 3 of 3 Page 5 of 9 Page 6 of 9  STAFF REPORT TO: Planning Commission FROM: Community Development Director FOR MEETING: Sep 17 2024 SUBJECT: Entertainment Permits Workshop RECOMMENDATION: The Planning Commission review and provide direction to Staff. ORDER OF PROCEDURE: Request Staff Report (Community Development Director Presenting) Commission Questions of Staff Commission Discussion BACKGROUND: Recently, Community Development Staff has received several requests for temporary entertainment events on properties that are not fully appropriate for such activities. Several issues have come up in the process of reviewing these requests. In particular, having adequate public access to these events, as well as having a venue that meets current fire and safety regulations, and can accommodate larger crowds are essential criteria for this type of activity. When Staff looked into facilities that could potentially host live entertainment events, it was discovered that a very limited number of private commercial establishments in the City have permits to host "live entertainment" or to be an "event center". Below is the listing of the zones where "Live Entertainment" is allowed, and under which permit process: Commercial Commercial Commercial Use Commercial Office General Neighborhood Tourist Live AUP AUP AUP AUP Entertainment Commercial Industrial Downtown Use Downtown General Services Commercial Traditional Live CUP - AUP CUP Entertainment *AUP = Administrative Use Permit; CUP = Conditional Use Permit; - = Not allowed Page 7 of 9 Although "live entertainment" is not yet defined in the Development Code, other jurisdictions require that when there is at least one person performing in front of an audience, that would count as a live entertainment activity. Therefore, by the strictest interpretation of this term: karaoke, bands, open mike nights, drag shows, comedians, book readings, dance performances, etc. could be considered "live entertainment". Activities such as billiards, arcade machines, or trivia games operated remotely would not qualify as a live entertainment permit. Staff presented this fact to the City Council on September 10. Council then agreed that the lack of definition of "Live Entertainment" is much too vague and could imply a more strict interpretation than intended. Direction was given to Staff to further define "Live Entertainment" in a manner that is more appropriate for the City of Twentynine Palms. Speaking with local business owners, Staff has learned that live entertainment can greatly benefit their business. In general, live entertainment can draw in tourists and help make the City become an entertainment destination. It should be noted that several establishments have had entertainment activities in the past but have not obtained the appropriate permit. As it is currently shown in the Development Code and the Fee Structure "Live Entertainment" requires a permit from the Community Development Department. The application fees for this type of activity ranges between approximately $2,100 to upwards of $5,000, depending on the size of the property and the zoning of the property. For smaller establishments, this could very well be unaffordable. It is Staff's opinion that this fee is much too high, and the process too onerous. This situation was presented to the City Council on September 10, and the consensus was the fees are too high. Therefore, Staff is bringing "Live Entertainment" as a workshop to the Planning Commission to discuss the following: 1) To have a definition of "Live Entertainment" that would be appropriate for Twentynine Palms. Different jurisdictions that Staff has looked into on this issue define this term very differently. Examples of other definitions: "a vocal or instrumental performance by a natural person(s) who is physically present in the establishment while delivering the performance." (Legal Insider website) "a musical act (including karaoke), theatrical act (including standup comedy), play, revue, scene, dance act, or combination, performed by 1 or more persons, whether or not they are compensated for the performance, in a privately owned premises that is open to the public, whether or not admission is charged." (Desert Hot Springs) It is Staff's opinion that "Live Entertainment" should be defined appropriately for the City of Twentynine Palms. 2) To introduce and discuss potential policies and procedures for "Live Entertainment". It should also be noted that most other jurisdictions require some form of permit for "entertainment"; most typically it's a conditional use permit. In some jurisdictions, most notably the City of Riverside and the City of San Diego, "entertainment" is permitted and monitored by the local law enforcement agency. At the City Council meeting on September 10, several speakers noted that there is a significant difference between a concert venue with hundreds of attendees and a karaoke machine at a small bar. There are several potential ways to address this situation: a) Have a different process for "ancillary live entertainment" and "live entertainment" as a primary use b) Add "live entertainment" as a defined activity for certain establishments Page 8 of 9  c) Defer "live entertainment" to Law Enforcement Speaking with the County Sherriff and Fire Departments, it is imperative that they are made aware of "entertainment" activities so they can be prepared in case of emergencies. It is Staff's opinion that some form of administrative review for ancillary entertainment is appropriate, and a more stringent review is warranted for larger special events or venues dedicated primarily for entertainment. Additionally, several jurisdictions impose time limits on "entertainment permits". Annual review is the most common of these timelines. Staff is looking for feedback from the Commission regarding this topic. Enforcement of "entertainment permits" also varies widely between jurisdictions. It is staff's opinion that, once an "entertainment permit" is granted, that establishment would need to comply with the conditions of the permit, otherwise they could lose the privilege. 3) To determine if changes to "Live Entertainment" needs to be a Development Code Amendment. Depending on the direction of the Planning Commission and the discussion amongst the business community, a Development Code Amendment would need to be processed, which would then come back to the Planning Commission and City Council as public hearings. 4) To determine if there are existing establishments by their nature of their operations, already include "Live Entertainment" and thus would be exempt from further permitting. There are certain nuances to "live entertainment", regardless of how it is defined and what review process is devised. For instance, it is Staff's opinion that several types of establishments have "live entertainment" simply as a matter of the way they function. For instance, places of faith (churches, temples, etc.), fraternal organizations (American Legion, Elks, Eagles, etc.), and hotels with indoor conference facilities have "live entertainment" as part of their normal operations. Process: The next step in this topic is to have discussions with the Business Community, the Public Arts Advisory Council, and the Tourism Business Improvement District board. "Live entertainment" is extremely important for some local establishments to offer to the public, and it helps promote the City of Twentynine Palms as an artistic destination for tourists. However, compliance with safety and noise regulations are paramount. Each potential application would then be reviewed and provided conditions of the permit such as maximum occupancy, whether entertainment would be indoor or outdoor or both, operational hours, and potential additional safety measures. ENVIRONMENTAL: Not applicable. ALTERNATIVES: The Planning Commission could determine that the existing regulations are adequate and thus recommend no changes to the Development Code or associated policies. FISCAL IMPACT: None Page 9 of 9