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Home My WebLink About2023-04-18 PC Regular Meeting Agenda Packet City of Palm Desert Page 1 PLANNING COMMISSION CITY OF PALM DESERT, CALIFORNIA AGENDA (HYBRID MEETING) City Hall – Council Chamber 73510 Fred Waring Drive Palm Desert, CA 92260 Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person. • To participate via Zoom, use the following link: https://palmdesert.zoom.us/j/84739707419. • To participate via phone: Dial (213) 338-8477 or (602) 753-0140, enter the Zoom Webinar ID: 847 3970 7419 followed by #. Indicate that you are a participant by pressing # to continue. During the meeting, press *9 to add yourself to the queue and wait for the Recording Secretary to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes. • Written public comment may also be submitted to planning@palmdesert.gov. Emails received by 3:00 p.m. prior to the meeting will be distributed to the Commission. Any correspondence received during or after the meeting will be distributed to the Commission as soon as practicable and retained for the official record. Emails will not be read aloud except as an ADA accommodation. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. NON-AGENDA PUBLIC COMMENT: This time has been set aside for the public to address the Planning Commission on issues that are not on the agenda for up to three minutes. Because the Brown Act does not allow the Commission to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 5. CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by Commissioners for a separate discussion. Tuesday April 18, 2023 6:00 p.m. Regular Meeting Planning Commission Agenda April 18, 2023 City of Palm Desert Page 2 A. APPROVAL OF MINUTES RECOMMENDATION: Approve the Planning Commission Regular Meeting minutes of March 7, 2023. B. CONSIDERATION OF A REQUEST TO APPROVE A ONE-YEAR TIME EXTENSION FOR PRECISE PLAN AND CONDITIONAL USE PERMIT 16-394 FOR THE BRAVO GARDENS APARTMENTS MULTI-FAMILY HOUSING DEVELOPMENT ON THE SOUTH SIDE OF HOVLEY LANE EAST AND EAST OF PORTOLA AVENUE RECOMMENDATION: Approve a one-year time extension for Precise Plan/Conditional Use Permit (PP/CUP) 16-394 until April 26, 2024. CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 6. ACTION CALENDAR None 7. PUBLIC HEARINGS: Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless the Planning Commission authorizes additional time. None 8. INFORMATIONAL REPORTS & COMMENTS A. SUMMARY OF CITY COUNCIL ACTIONS B. COMMITTEE MEETING UPDATES 1. Cultural Arts Committee 2. Parks and Recreation Commission C. PLANNING COMMISSIONERS D. CITY STAFF E. ATTENDANCE REPORT 9. ADJOURNMENT: The next Regular Meeting will be held on May 2, 2023, at 6:00 p.m. Planning Commission Agenda April 18, 2023 City of Palm Desert Page 3 AFFIDAVIT OF POSTING I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board and City website not less than 72 hours prior to the meeting. Monica O’Reilly Recording Secretary PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Development Services Department, City Hall, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.cityofpalmdesert.org. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. City of Palm Desert Page 1 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES PLANNING COMMISSION CITY OF PALM DESERT, CALIFORNIA MINUTES This meeting was conducted by teleconference, and there was in-person public access to the meeting location. 1. CALL TO ORDER A Regular Meeting of the Planning Commission was called to order by Chair DeLuna on Tuesday, March 7, 2023, at 6:02 p.m. 2. ROLL CALL Present: Commissioners John Greenwood, Lindsay Holt, Vice-Chair Joseph Pradetto, and Chair Nancy DeLuna. Absent: Commissioner Ron Gregory. Staff Present: Robert Hargreaves, City Attorney, Richard D. Cannone, AICP, Director of Development Services; Rosie Lua, Deputy Director of Development Services; Nick Melloni, Principal Planner; Anna Dan, Assistant Planner, and Monica O’Reilly, Executive Administrative Assistant. 3. PLEDGE OF ALLEGIANCE Commissioner Holt led the Pledge of Allegiance. 4. NON-AGENDA PUBLIC COMMENT: None. 5. CONSENT CALENDAR: The staff report(s) and Zoom video of the meeting are available on the City’s website. Click on the following link to access: https://www.palmdesert.gov/our- city/committees-and-commissions/commission-information. Tuesday, March 7, 2023 6:00 p.m. Regular Meeting Planning Commission Minutes March 7, 2023 City of Palm Desert Page 2 A. APPROVAL OF MINUTES RECOMMENDATION: Approve the Minutes of February 21, 2023. MOTION BY VICE-COMMISSIONER PRADETTO, SECOND BY COMMISSIONER JOHN GREENWOOD, CARRIED 4-0 (GREGORY ABSENT), to approve the Planning Commission Regular Meeting minutes of February 21, 2023. CONSENT ITEMS HELD OVER: None. 6. ACTION CALENDAR None. 7. PUBLIC HEARINGS The staff report(s) and Zoom video of the meeting are available on the City’s website. Click on the following link to access: https://www.palmdesert.gov/our- city/committees-and-commissions/commission-information. A. CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVAL OF A CONDITIONAL USE PERMIT (CUP) TO ESTABLISH A PROFESSIONAL REAL ESTATE OFFICE USE WITHIN AN EXISTING GROUND FLOOR TENANT SPACE FRONTING EL PASEO LOCATED AT 73640 EL PASEO, SUITE 8 Assistant Planner Anna Dan narrated a PowerPoint presentation on this item and responded to the Planning Commission’s questions regarding the display cabinets, sign lighting, and concentration of office professional uses on El Paseo. Chair DeLuna opened the Public Hearing. Mr. Scott Piercy, the applicant, stated that they have four offices in Canada and are excited to open an office in Palm Desert. He addressed the Planning Commission’s questions regarding the sign lighting and display cases. The applicant responded to additional questions from the Commission. There being no others desiring to speak, the Public Hearing was closed. Vice-Chair Pradetto commented on professional office uses on El Paseo. He felt the CUP application process works well and felt no need to make any changes at this time. MOTION BY COMMISSINER GREENWOOD, SECOND BY COMMISSIONER HOLT, CARRIED 4-0 (GREGORY ABSENT), approving Planning Commission Resolution No. 2829 to: Planning Commission Minutes March 7, 2023 City of Palm Desert Page 3 1. Adopt a Notice of Exception for a Class 1 Categorical Exemption in accordance with CEQA Guidelines Section 15301. 2. Approve CUP23-0002 to establish a new professional real estate office within an existing ground floor space fronting El Paseo located at 73640 El Paseo, Suite 8. 8. INFORMATIONAL REPORTS & COMMENTS A. SUMMARY OF CITY COUNCIL ACTIONS None. B. COMMITTEE MEETING UPDATES 1. Cultural Arts Committee None. 2. Parks and Recreation Commission Principal Planner Melloni reported that City staff requested direction from the Commission on potentially banning mylar balloons in the park. Staff also presented updates on the Palm Desert Link bike path and a Coachella Valley Water District meeting on a bike trail at Homme Adams Park. Commissioner Greenwood noted that Commissioner Gregory is now the liaison for the Parks and Recreation Commission meetings. C. PLANNING COMMISSIONERS Vice-Chair Pradetto stated that in the past, the Planning Commission received compensation for attending meetings. He requested that the staff research past compensation and provide the Commission with the information. Commissioner Holt said it would be beneficial to have a visual of the locations of other professional offices on El Paseo with the staff report for future proposals. Commissioner Greenwood commented that Ms. Dan did a phenomenal job presenting the staff report. D. CITY STAFF Mr. Cannone stated he would provide an update on landscape enforcement and compensation for the Planning Commission at the next meeting. E. ATTENDANCE REPORT The attendance report was provided with the agenda materials. The Commission took no action on this matter. Planning Commission Minutes March 7, 2023 City of Palm Desert Page 4 9. ADJOURNMENT The Planning Commission adjourned the meeting at 6:24 p.m. Respectfully submitted, Monica O’Reilly, Executive Administrative Assistant Recording Secretary ATTEST: Richard D. Cannone, AICP, Director of Development Services Secretary APPROVED BY THE PLANNING COMMISSION: XX/XX/XXXX Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 18, 2023 PREPARED BY: Nick Melloni, Principal Planner REQUEST: CONSIDERATION OF A REQUEST TO APPROVE A ONE-YEAR TIME EXTENSION FOR PRECISE PLAN AND CONDITIONAL USE PERMIT 16- 394 FOR THE BRAVO GARDENS APARTMENTS MULTI-FAMILY HOUSING DEVELOPMENT ON THE SOUTH SIDE OF HOVLEY LANE EAST AND EAST OF PORTOLA AVENUE RECOMMENDATION: Approve a one-year time extension for Precise Plan/Conditional Use Permit (PP/CUP) 16-394 until April 26, 2024. BACKGROUND/ANALYSIS: On April 26, 2018, the City Council adopted Resolution No. 2018-18 approving The Sands (now known as the Bravo Gardens Apartments), a 388-unit multi-family housing development, which included a density bonus on a vacant 18.13+ acre parcel located on the south side of Hovley Lane East, generally east of Portola Avenue. The current owner and project applicant is Bravo Gardens LLC (“Applicant”). The project consists of a clubhouse and recreational amenities, and a mix of two- and three-story buildings. Per Palm Desert Municipal Code (PDMC) Section 25.60.100 (C), development entitlements are valid for a period of two (2) years, and the Planning Commission can grant extensions of entitlements in one-year increments subject to findings that there are no changed circumstances or there has been diligent pursuit to exercise the permit that warrants such extension. In 2019, the original project developer and Applicant filed for bankruptcy. At the time, building plans had been submitted to the City for permitting of the project site but to date; the Applicant has delayed the approval. In 2021, Bravo Gardens LLC, the current owner and Applicant acquired the site for development. On February 8, 2022, the Applicant received approval from the City’s Architecture Review Commission (ARC) for a revision to the multi-family building architecture. The Applicant is currently in the process for review of construction drawings for City staff review. On April 19, 2022, the Planning Commission granted an extension of time to the project as the Applicant was in process of preparing the construction plans. Currently, the Applicant has submitted permit applications for building and grading permits. The Applicant filed a timely request for an extension before the April 26, 2023, expiration date. The Applicant has demonstrated they are working in diligent pursuit to exercise the entitlement approval. The attached letter summarizes the Applicant’s intent to submit for building permit review by the middle of this year and begin construction by the fourth quarter of 2023. The project site is zoned Planned Residential (PR) 17.5. No new development standards have been enacted since the permit was initially approved. The proposal is consistent with the applicable General Plan, zoning, and conditions of approval. The original permit findings made under City Council Resolution No. 2018-18 can still be made for the project. Staff recommends the Planning Commission grant a one-year time extension as allowed by the PDMC 25.60.100 (C). City of Palm Desert Case Nos. PP/CUP 16-394 – Time Extension Page 2 of 2 If the time extension is granted, the project approvals will remain in effect until April 26, 2024. REVIEWED BY: Department Director: Rosie Lua for Richard D. Cannone, AICP Deputy Director: Rosie Lua ATTACHMENTS: 1. Applicant’s Time Extension Request Letter 2. City Council Resolution No. 2018-18