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HomeMy WebLinkAboutGPA 01-04 Final Environmental Impact Report TIN/I-aim Desert City Council Comprehensive GP/EIR Staff Report/1.15.04 if • CITY OF PALM DESERT .frr DEPARTMENT OF COMMUNITY DEVELOPMENT b ; r'44N' STAFF REPORT TO: CITY COUNCIL DATE: JANUARY 15, 2004 CASE NO. GPA 01-04 REQUEST: CONSIDERATION OF COMPREHENSIVE GENERAL PLAN UPDATE AND FINAL ENVIRONMENTAL IMPACT REPORT. APPLICANT: CITY BACKGROUND The City initiated the subject Comprehensive General Plan update process in the winter of 2000, forming a General Plan Advisory Committee (GPAC) with members from a broad cross section of the community. Over the course of the GPAC's work, research and technical studies were conducted, requirements of current state law were documented, and draft elements were prepared. In several instances, GP elements and related materials were first taken to other City committees and commissions to get input on the element. The GPAC initiated its meetings with a bus tour of the City and planning area in the Spring of 2001 and continued to meet bi-weekly and then monthly over a period of two years. GPAC members also traveled to other communities to visit re-emerging and innovative residential and mixed use design projects. With the completion of GPAC element development, review and completion, staff initiated the final stage of environmental analysis, focused primarily on refinement of land use mapping and statistical analysis, traffic analysis and associated environmental issues such as air quality and noise analysis. An extensive traffic model was developed based upon the regional transportation model development by SCAG and CVAG, which also incorporated additional areas of study along the I-10 corridor (see EIR appendices and attached Planning Commission hearing staff report of November 4, 2003.). The Draft Environmental Impact Report (EIR) for the Comprehensive General Plan was completed 1 alm Desert City Council Comprehensive GP/EIR Staff Report/1.15.04 at the end of the summer of 2003 and transmitted to the public, utilities and governmental agencies and others for a 45-day review, which ended in November. The Planning Commission began it deliberations in September of 2003 and over the course of eight public hearings reviewed the various General Plan elements and the Program EIR. Presentations were made on each of the General Plan's elements, with the most extended discussions focusing on land use and transportation issues. The Draft EIR was also reviewed by the Commission and draft responses to public comments on the Draft EIR were also considered and recommended to the Council for adoption (see attached Final EIR). A variety of specific issues were addressed by the Commission, including site-specific land use mapping, area design issues and amendments to policies and programs. Each of these issue areas is discussed separately below. Public comment was presented at each of the hearings and focused primarily upon individual properties. In general, the policies and programs described in the various elements are rearticulations and refinements of the principles which have guided Palm Desert's successful development over the past 30 years. With the exception of a few focus areas identified below, the land use designations within developed areas of the city have been left unchanged or adjusted to better reflect existing developed conditions. With the input , assistance and cooperation of the GPAC , residential and commercial property owners, and Cal State; the Planning Commission has recommended a detailed land use plan for the area north of Frank Sinatra Dr. that responds to the unique demands and opportunities created by a university campus and the regional commercial/industrial/research facilities which will be attracted to the 1-10 corridor. PLANNING COMMISSION RECOMMENDATIONS Introduction The following issue items have been considered by the Planning Commission over the course of its deliberations. Issue areas include refinements to land use definitions and land use mapping, refinements to the Circulation Map and Street Cross Sections, Circulation policies and programs, and other areas. These issue areas are discussed below. Where staff recommendations differ from the Commission's, these follow the Commission's recommendation. LAND USE DESIGNATION DEFINITIONS Hotels and Motels: The Commission wished assurance that hotel development was possible in most commercial designations. Several commercial designations were 2 TiVr-alm Desert City Council Comprehensive GP/EIR Staff Report/1.15.04 amended to allow the development of hotels and motels (see attached revised Land Use Table). PC Recommendation: Approve Mixed Use Commercial: This designation was added to the table to provide a specific designation for mixed use developments, both existing and proposed (see attached revised Land Use Table).. PC Recommendation: Approve (R-HR) Residential Hillside Reserve (0.2 to 1 du/ac): Recommended that this land use designation be amended to provide a potential range of development from 1 dwelling unit per acre to 1 unit per 5 acres. The following language is also proposed for addition to this land use definition: " Development densities and intensities shall be established consistent with slope, visibility and other site constraints." The recommended additional language and permitted densities are more consistent with the hillside ordinance amendments recommended by the Planning Commission currently being considered by the Council. PC Recommendation: Approve LAND USE MAPPING The following issue areas were given focused attention by the Planning Commission during their deliberations. Cornishe of Bighorn: The subject 12± acre parcel is located within and in the foothills south of Dead Indian Wash on the east side of Highway 74, immediately south of the Canyons at Bighorn and north of the sheep pens of the Bighorn Institute. Approximately nine acres of the property is currently designated low-density residential 3-5 du/ac, and about two acres are designated HPR (Hillside Planned Residential). The division of land use designations on this property was based on the assumption that the low-density area was less the 10% slope, the criteria for hillside designation. 3 T i.,. alm Desert City Council Comprehensive GP/EIR Staff Report/1.15.04 In their land use discussions, the GPAC focused on general policy issues and the University Park Planning Area. They did not focus on each individual parcel. The original Preferred Alternative land use map showed the existing low-density designation. In reference to the question concerning the timing of the recommended re-designation to Hillside Reserve, staff did not focus on the subject parcel until a tract map application was filed with information clearly indicating hillside topography on a portion of the site. Although there is evidence that Hillside Reserve designation may be applicable for a portion of the site, the Planning Commission felt that given the status of the current application and the history of this property, a decision to potentially change the existing the designation should be made as part of the overall project development and environmental impact review process. PC Recommendation: Maintain current R-L (Low Density Residential) designation with addition of the "S" (Special Study) overlay designation acknowledging the potential for the R-HR designation and the need for site-specific study. North Highway 111 Alley: Private redevelopment of the north Highway 111 frontage between Monterey Avenue and Las Palmas has lagged behind other areas within the commercial core. Shallow depth and the fragmented ownership pattern has discouraged new investment. Without opportunities to expand parking supply, building expansion and renovation has been discouraged. The Palma Village and Core Commercial Specific Plans recommended conversion of all the lots backing onto the alley to public parking to support commercial redevelopment. RDA funding priorities and the costs of acquiring 18 parcels with 10 homes delayed implementation of the plan for 20 years, leaving both residential and commercial property owners in limbo. The City has obtained public parking easements on two parcels through conditions of approval for two projects and purchased a third parcel in connection with a lawsuit settlement. When the GPAC discussed the future of this area, they heard from residents and property owners adjacent to the alley who expressed a preference for a less costly compromise solution which allowed some expansion of parking on the alley while preserving the existing integrity of the residential neighborhood. The expanded parking leaves sufficient lot depth to preserve most of the existing homes and allows residential development of the vacant lots with some adjustment of setbacks. It was agreed that homes and front yards facing the street were preferable to the back end of a parking lot regardless of how well it's landscaped. While backing onto a commercial parking lot may not provide the most tranquil residential environment, the existing residents have lived with this condition for over 40 years. 4 alm Desert City Council Comprehensive GP/EIR Staff Report/1.15.04 Two rear parking alternatives were designed (see enclosed aerial photo exhibits). The first included a center double row of angled spaces served by two one-way aisles requiring 46 feet of expansion generating 254 parking spaces. At least five homes would need to be acquired and demolished. The second design included one row of 90 degree spaces and a two-way aisle requiring 26 feet of expansion operating 188 spaces. Only two units would need to be demolished. In considering these alternatives, the GPAC and Planning Commission agreed that regardless of which solution is selected, the City needs to commit to implementation within a reasonable time frame providing residents and commercial property owners some degree of certainty. If that commitment cannot be made, the parking program should be abandoned allowing the residential and commercial property owners to maintain or develop their property under existing parameters. In conjunction with the parking improvements, residential property owners requested that San Marcos Drive, which links San Clemente Circle with the alley, frontage road and Highway 111, be closed at San Clemente to vehicular traffic to eliminate commercial traffic from their neighborhood. Since the circle streets already have two access points onto San Gorgonio Way, this third access is not necessary. Pedestrian access would remain. Given these objectives and testimony from the residents, commercial property owners and tenants, the Planning Commission endorsed the 90 degree, 26-foot design and closure of San Marcos since it provides significant expansion of parking supply at the lowest cost with the least disruption of the residential neighborhood and therefore will most likely be implemented. Descriptions of this revised program will be integrated into the Core Commercial and Palma Village Specific Plans' discussion in the Land Use Element. RECOMMENDED LAND USE ELEMENT POLICY& PROGRAM: Policy 5: The City shall facilitate the redesign and construction of enhanced vehicular access and commercial-serving parking on Alessandro Drive (extended) between San Marcos and Monterey Avenue, as set forth in the Commercial Core Area Specific Plan discussion in the Land Use Element. PC Recommendation: Approve Program 5.A.: The City shall coordinate with commercial business owners and residents backing onto Alessandro Drive (extended) between Las Palmas Avenue and Monterey Avenue, and shall design and facilitate the construction of a 24-foot wide two-way drive and one row of 90° parking along the north side of this right-of-way. Landscaping and 5 TI ilm Desert City Council Comprehensive GP/EIR Staff Report/1.15.04 decorative masonry walls shall also be incorporated into the design to buffer residences from drive traffic and parking activities. San Marcos Avenue south of San Clemente Circle will be closed to automobile traffic. Public access for pedestrians, bicycles and golf carts shall be maintained. The City shall pursue where feasible financial participation from the benefiting commercial property owners towards the cost of right of way acquisition, construction and maintenance of the improvements. Responsible Agency: Community Development and Public Works Departments, RDA Schedule: 2004-05 PC Recommendation: Approve Preliminary Program Cost Estimate: Land Acquisition $ 450,000 House Acquisition and Demolition $ 400,000 Parking Lot Construction $ 750.000 Total $1,600,000 Maintenance would be funded through a President's Plaza type assessment district. Portola Avenue Between De Anza and Rutledge: In the 1960's when Portola Avenue was a narrow two-lane road stopping at the Whitewater Channel, single family lots were created fronting along its west side with driveways backing out onto the street. Portola has become a major arterial with volumes of 19,000 ADT with projected growth to 24,000 ADT. We are currently widening Portola south of Fred Waring on the east side to provide a minimal four-lane cross section without bike lanes or parking. North of Fred Waring, the four lanes were accommodated by the elimination of the parking lane. The increasing traffic volumes and lane configuration within 18 inches of the curb have significantly compromised the single family residential qualities of these lots. Backing out of the driveways has become increasingly difficult. The completion of the ultimate cross section including parkways, bike/golf cart lanes, landscape medians and dual lefts at the intersection will require additional right-of-way expansion on the west side further degrading the residential quality of these parcels. While the GPAC and Planning Commission agreed that the remaining parcels fronting onto Portola were no longer appropriate for single family use, there was not a consensus for any single alternative. Staff recommended professional office based on our past success on Fred Waring and Monterey. The remaining depth is too shallow for practical residential development but too deep to landscape and economically maintain as a parkway. With an 6 r TINiralm Desert City Council Comprehensive GP/EIR Staff Report/1.15.04 average depth of 90 feet, it is twice the depth of the Fred Waring Baja Park. A C-OP designation would give residential property owners a reasonable opportunity to profitably sell their homes, significantly reducing the City's right-of-way acquisition costs for the street widening, and transfer all landscape installation and maintenance costs for the parkway to the developers and owners of the office projects. Our experience on Fred Waring and Monterey has demonstrated that office buildings provide a better traffic noise buffer then open space. After considerable discussion, the Planning Commission recommended a mixed use zone which would allow medium density residential, professional offices, or open space based on market demands and City budget priorities. PC Recommendation: Assign a modified "Mixed-Use" designation to these lands limiting permitted uses to R-M, O-P or OS . Preliminary Cost Estimate: If the City allows private development of the remainder parcels, costs other than for the actual road improvements would be minimal. Right-of-way dedication, parkway landscaping and maintenance would be conditions of development approval. If the remaining parcels are developed by the City as a Fred Waring style parkway, the following costs are estimated: Land Acquisition $ 1,700,000 Installation including walls 800,000 $ 2,500,000 Annual Maintenance $ 112,000 NE Corner of Monterey Avenue & Country Club Dr.: This area has had a long history of attempts for commercial land use changes. Staff recommended that the Planning Commission designate the subject corner as a "Special Study Area" and maintain the existing R-M (Medium Density Residential) designation. Due to its location adjacent to one of the busiest intersections in the Coachella Valley, office, commercial or mixed use alternatives may be considered in the future based on unique design solutions and ability to mitigate potential impacts to adjoining residential lands, as well as the successful releasing of the vacant commercial space at the southeast corner. The Planning Commission agreed with the property owner that the site's location dictated a C-C (Community Commercial) designation. PC Recommendation: C-C (Community Commercial) to this site based on its proximity to one of the busiest intersections in the Coachella Valley 7 Tiviralm Desert City Council Comprehensive GP/EIR Staff Report/1.15.04 Staff Recommendation: R-M with S/Special Study overlay designation acknowledging the potential for a commercial or office use to be determined as part of a focused application. University Park Planning Area: The land use discussions at GPAC and Planning Commission were driven by issues of compatibility, housing demand, urban design, parks, open space and the ability to support efficient circulation and public transportation. A. COMPATIBILITY The proximity of 1-10, the Southern Pacific Railroad, two existing and a future interchange, major arterials and the Cal State Campus dictated the logical locations for commercial / industrial and higher intensity residential uses. The commercial/industrial designation in all the alternatives were all generally consistent with the existing General Plan. Forty-six percent (46%) of the defined University Park planning area is designated for commercial, industrial or resort uses. Uses adjacent to major arterials were selected so that they could front onto the street eliminating the need for walls, landscape assessment districts and promoting a more attractive open streetscape. B. HOUSING DEMAND At buildout of the designated commercial/industrial areas, resorts and the University; 20,000 jobs will be created generating a housing demand of at least 10,000 dwelling units. Given Palm Desert's central location and the strength of its regional commercial and educational attractions, it is not anticipated that the plan will accommodate all this demand. The GPAC's preferred alternative proposed approximately 6,000 units for this area. The original less intensive alternative projected approximately 4,300 units which is consistent with the existing General Plan as established by the North Sphere Specific Plan. As a result of property owners and prospective residential developers' desires to include more low density single family homes in their plans, a revised less intense alternative was designed which generally replicated the housing production of the existing General Plan. Since 1990, over 700 acres of residentially designated property in this area have been removed from potential housing production through approval of nonresidential uses including Marriott Shadow Ridge, the Cal State Campus, and the potential future third Desert Willow golf course. To make up for the loss of this residential land, medium and high density areas were designated. 8 Tiviraim Desert City Council Comprehensive GP/EIR Staff Report/1.15.04 In the revised alternative, 648 acres of the 2,135-acre planning area were designated for residential uses including 413 acres (64%) low density, 132 acres (20%) medium density, and 103 acres (16%) high density. Eighty-four percent (84%) of the residentially designated area will be single family product. C. URBAN DESIGN Palm Desert is known for its high quality master planned resort communities designed to meet the demands of tourists, second home buyers and retired residents. Subdivisions oriented toward the permanent resident families have rarely benefited from the same degree of sophisticated design. The area north of Frank Sinatra provides our last opportunity to promote the development of thoughtfully designed master planned neighborhoods which will efficiently address the needs and be served by the surrounding commercial and educational facilities. The plan recommended by the Planning Commission includes a balanced mix of residential, commercial, industrial, neighborhood community parks, school sites, golf courses and open space corridors. Uses are carefully placed to maximize compatibility and convenient access. The more intense commercial and residential uses are concentrated adjacent to the interchanges, the University Campus and along arterials to maximize the opportunities for the implementation of convenient and efficient alternative transportation opportunities including pedestrian, golf carts, bicycles, and public transit. PC Recommendation: Approval of overall city land use plan including specific design for University Park area. Preliminary Cost Estimate: The primary public costs of implementing the University Park land use plan will involve the development and maintenance of the parks and open space areas. Land Acquisition Costs: The plan designates a community park and three neighborhood parks of varying sizes totaling 42.5 acres. Based on the projected residential production, the city's park dedication requirements should yield at least 43 acres. Park Development Costs: 25 acre community park $ 9,000,000 10 acre neighborhood park 4,000,000 5 acre neighborhood park 2,000,000 2.5 acre neighborhood park 1,000,000 Total $16,000,000 9 Tri,ralm Desert City Council Comprehensive GP/EIR Staff Report/1.15.04 Annual Maintenance $ 1,140,780 Open Space Areas: The plan designates desert landscaped open space areas at some intersections and corridors totaling approximately eight acres. If at least two acres can be assigned to adjacent private development consistent with typical perimeter landscaping, City acquisition requirements would be six acres. Land Acquisition at $100,000/ac $ 600,000 Landscape Installation 784,000 Total $1,384,000 Annual Maintenance $ 156,000 While these costs are significant, the projected RDA tax increment and sales tax revenues will also be significant. North District Planning Area: This planning area involves lands located north of US Interstate-10, both within and outside of the City's current Sphere-of-Influence (SOI). In light of the sensitivity of wildlife habitat lands in the area and the now adopted County General Plan, staff asks that the Planning Commission consider the application of the land use designations from the "Less Intense" alternative, which also more closely reflects the County adopted land use plan for this area but also includes an increase in residential densities. PC Recommendation: Globally apply "Less Intense" land use alternative. Staff Recommendation: Same CIRCULATION ELEMENT Circulation Plan and Street Cross-Section Amendments: Since the transmittal of the GP Draft EIR, staff has conducted a continuing assessment of the General Plan Circulation Master Plan and Preferred Street Cross Sections. A modified circulation plan has been prepared and is attached to this staff report. Refinements to the preferred street cross sections are also attached. These substantially conform to those set forth in the Draft General Plan, EIR and traffic study. It is also proposed that two additional exhibits, "Typical Arterial Intersection" and "Typical No Left-Turn Pocket" (see attached exhibits), be added to the Circulation Element. PC Recommendation: Approve 10 TIv/ralm Desert City Council Comprehensive GP/EIR Staff Report/1 .15.04 Policy on Minimal Levels of Service: Policy 1 of the Circulation Element indicates that the City shall find acceptable LOS D at major intersections and LOS C on lesser intersections. The policy also references maintaining a minimum LOS D on roadway segments, which is the optimum service level for any roadway. As discussed in the General Plan and EIR, peak hour LOS C will not always be cost-effectively achievable and LOS D is recommended as the minimum operating goal. The reference to levels of service along roadway segments should also be further considered. In light of these issues, the following alternative policies are suggested: "Policy 1: The City shall develop and maintain a General Plan master plan of roads, describing and illustrating detailed improvement plans and priority schedules for implementation." Policy 1.A: The City shall make good-faith efforts to achieve LOS C along roadway segments and for peak hour intersection operations. LOS D shall be acceptable in instances when physical constraints, land use compatibility or other urban design considerations make achieving LOS C impractical." PC Recommendation: Approve Truck Routes: General Plan Policy 13 references the identification of truck routes and references specific streets that may qualify as truck rotes, including obvious routes as 1-10 and Highway 111. Staff has suggested not listing specific streets, therefore the following new language is recommended: "Policy 13: City truck routes shall be clearly designated and limited to major roadways to the greatest extent practicable. Washington Street, Cook Strcet, Monterey Avenue, State Highway 111, US Into 3tatc-10 or other roadways deemed appropriatc." PC Recommendation: Approve Utility Work in Rights-of-Way: A common problem has been the disruption to traffic and the occasionally less than adequate repair of streets torn up by the installation, repair and maintenance of utilities located with City street rights-of-way. Staff suggests adding a policy to the Circulation Element and the following draft is suggested: 11 TIN/ralm Desert City Council Comprehensive GP/EIR Staff Report/1.15.04 "New Policy: The City shall confer and coordinate with utility providers regarding work on utility infrastructure within the City street rights-of-way, and shall monitor traffic control and construction repair to assure minimum traffic disruptions and acceptable pavement restoration." "New Program: In consultation with utility service providers, the City shall develop standards for the planning and execution of utility trenching and other construction activities within City street rights-of-way. Such construction activities shall be planned to minimize traffic disruption and adequate restoration of the roadway." Responsible Parties: City Public Works Department, CVWD, SCE, IID, Verizon, Time Warner Schedule: 2004-05" PC Recommendation: Approve OTHER GENERAL PLAN ISSUES Public Services and Facilities: Staff recommends that the Planning Commission consider and, if appropriate approve the following policy and program, which are meant to have the City facilitate or encourage the provision of child care services throughout the community. "New Policy: The City shall encourage the availability of adequate, convenient, affordable child care that is accessible to all economic segments of the community." "New Program: In consultation with service providers, the City shall pro-actively participate in planning and coordination that improves and expands the availability of child care services in the community. Responsible Parties: Community Services Department Schedule: On-Going" PC Recommendation: Approve Police and Fire Protection Element: The following changes to Policy 3 and 4 page VI-36 were recommended by the City Attorney. Policy 3: The City shall strive to maintain a police staffing ratio of at least 1.5 sworn officers per 1,000 residents. 12 TIN!ralm Desert City Council Comprehensive GP/EIR Staff Report/1.15.04 The City shall strive to maintain Fire Department staffing and other appropriate measures of community fire protection to maintain an ISO Class 3 insurance rating. PC Recommendation: Approve General Plan EIR : Summary of Comments and Draft Responses The City received several letters on the Draft General Plan and the Draft EIR. These were carefully reviewed, with those constituting comments on the Draft EIR being transcribed and responded to. A total of nine letters were received regarding the EIR that required some response. Comments ranged from concerns regarding individual properties to global questions regarding environmental mitigation. A few comment letters were from public service providers, updating data in the Draft EIR and recommending minor re-wording for clarification. No outstanding, unmitigated issues were identified in reviewing and responding to the public comments. Please see the attached Final EIR (Response to Comments). General Plan EIR: The General Plan EIR was prepared in conjunction with the preparation of the Comprehensive General Plan. It involved the collection, documentation and analysis of a wide range of data and information, the conducting of field surveys and area assessments, development of an extensive photographic record, and the preparation of aerial photos and a wide ranging of mapping. Concurrent with the development of an extensive and comprehensive information and database, Geographic Information Systems (GIS) data were also collected and used to prepare baseline mapping for the City General Plan. Many of the resource and hazard maps prepared for the General Plan where developed in a GIS format and provide a reliable and update able mapping system that will be accessible to City official, planners, engineers and other interested parties. Many of these map resources have already been mounted on City computers and are being used for refined land use and other analysis. The EIR is an essential part of the General Plan development process. Under the California Environmental Quality ACT (CEQA), General Plans and their amendments are considered "projects" and therefore require thorough assessment in the form of an EIR. This EIR has been prepared to review the environmental constraints and opportunities associated with the adoption and implementation of the General Plan. In addition to assessing impacts associated with the Plan and instituting mitigation measures, the EIR is designed to be used as an information database to facilitate the streamlining or tiering of the environmental review process for subsequent projects proposed in the City and elsewhere planning area. 13 Tiwralm Desert City Council Comprehensive GP/EIR Staff Report/1.15.04 The EIR incorporates technical data collected over a broad area and analyzes General Plan impacts within this context. The EIR summarizes the major goals and policies of the Plan, as well as the various land use categories set forth therein. The EIR evaluates a wide range of environmental issues associated with the implementation of the General Plan, including land use compatibility, traffic and circulation, flooding and drainage, geotechnical and seismic safety, air quality, biological and archaeological resources, and noise impacts. Other areas evaluated include the availability of public services and facilities and the socio- economic impacts associated with General Plan implementation. The EIR also characterizes the environmental setting of the region and identifies the environmental resources and constraints within which the General Plan study area occurs. Existing regional infrastructure, land use patterns and natural resources are also described in this section. The document also provides a comprehensive evaluation of land uses and resources specific to the City and the General Plan study area. It discusses potential impacts to the physical environment associated with the adoption of the General Plan land use designations, and policies and programs. The EIR evaluation includes analysis of population, patterns of development, alterations to the physical environment, and the availability of public services and facilities. Because some aspects of the General Plan may result in significant environmental impacts, mitigation measures are offered, where appropriate, to reduce these impacts to insignificant levels. The EIR also evaluated the potential impacts associated with alternatives to the Preferred Alternative Land Use Plan. This alternatives analysis provides an important basis of comparison for differing development scenarios. Finally, the EIR provides an assessment of short-term use and long-term productivity of the affected environment. The irreversible and irretrievable commitment of resources, including water resources, biological habitat and air quality, are assessed to facilitate long-range planning. Growth inducing and cumulative impacts associated with the adoption of the General Plan land uses are examined. Possible and appropriate alternative projects are also identified, in addition to other mandated CEQA issues. Finally, in Section IX, persons, organizations and documents consulted or referenced are cited. CEQA and Other Requirements: The General Plan EIR has been prepared in accordance with the California Environmental Quality Act (CEQA) Statutes (Public Resources Code Section 2100-21177) and CEQA Guidelines of 2002 (California Code of Regulations Section 15000 et. seq.), as amended. CEQA states that the adoption of a general plan, element thereof, or amendment requires the making of findings concerning the identified significant environmental effects (Title 14, California Code of Regulations section 15088). The EIR findings must be supported by substantial evidence and must explain how significant effects have been or should be mitigated. The General Plan EIR serves as an informational and analytical document that provides decision-makers, the general public, and other responsible or interested agencies with an objective assessment 14 TIN/ralm Desert City Council Comprehensive GP/EIR Staff Report/1.15.04 of the environmental impacts associated with the proposed General Plan. The mitigation measures proposed therein are intended to eliminate or reduce to an acceptable level the environmental impacts associated with the General Plan. Mitigation measures set forth in the EIR shall become part of the "project" approval, and an integral part of the General Plan. Other Reviewing Agencies: In addition to the City departments responsible for review of the Plan, certain local, state, federal and regional agencies have also reviewed the Draft EIR. These agencies include, but are not limited to the California Office of Planning and Research, California Department of Fish and Game, CalTrans, Bureau of Land Management, US Fish and Wildlife Service, Southern California Association of Governments (SCAG), South Coast Air Quality Management District(SCAQMD), and utility providers serving the study area. Several other public and quasi-public agencies, and private for-profit and non-profit organizations have also reviewed the Draft EIR. The General Plan EIR is meant to serve at a program level. Additional environmental documentation, such as environmental assessments and environmental impact reports, may be required for specific plans, subdivisions, use plans and other development applications that may be processed by the City. Prepared by: Prepared by: John Criste Phil Drell Terra Nova tanning & Research Director of Community Development Appro Approval: er Croy Carlos L. Ortega ACM for Devel ent Services City Manager PD:JC/tm Attachments (Wpdocs\tm\sAgpa01-04.cc5) 15 c t r z , R r h h � ,0 5' 12 12' 12' 12' 12' 14' 85' 85' 14' 12' 12' 12' I , E � I I I I / i I I TYPICAL ARTERIAL INTERSECTION SCALE 1- = 20' X CRONMO NE-, 14 101 rri ci, 35 38.5' 22.5' cv 1 1141 f `1 TYPICAL NO LEFT TURN POCKET SCALE 1-= 20' r �.. Exhibit Palm Desert General Plan leen, L J TERRA NOVA° �` Preferred Street Cross Section ,' # / ! Planning&Research,Inc. Cityof Palm Desert �,,, R/W 150'RIGHT OF WAY N/A 1 24' 42' 18' 42' 24' PARKWAY ROADWAY MEDIAN ROADWAY PARKWAY 8' VARIES 8' 12' 12' 12' 9' I 9' 12' 12' 12' 8' VARIES 8' I S.W. 4'MIN. I 4'MIN. S.W. I 4 I 1 '5"i r . . Via •. 2% <'rJcn ICURB h GUTTER CURB BIKE LANE I N t'"� I MEANDERING WALK NO PARKING u.c. u.c. ARTERIAL STREET SECTION SCALE: 1"- 10' R i 59' 118'RIGHT OF WAY R/W 59' I 1 I 18' 32' 1 ' 32' 18' 1 PARKWAY ROADWAY MEDIAN ROADWAY - PARKWAY 6' VARIES 8' 12' 12' 9' 9' 12' 12' 8' VARIES 8' I SW.4'MN. a MIN,S.W. 1 .ek.,,t3.ta*rj I I 'f. 1 CURB 3 GUTTER CURB ., I '"' 1" 6' I MEANDERING WALK PARKING PARKING QB ( 8. MUTT BIKE LANE unun C°RRI00R THOROUGHFARE SECTION CORRIDOR SCALE: 1•-ID' R I 54' 1118'RIGHT OF WAY R/W I I I I 18' 30' _ 12' 30' 18' I PARKWAY ROADWAY TWl7L ROADWAY PARKWAY I 6' VARI 6' 12' 12' 6' 6' 12' 12' 6' VAPo 8' !p,, 1 W. 'MIN 4'MIN W. 1 i''+ I ....-fix I �_ u I &4,.-` ' ;E' y 1�\� \ CURD k Gu iTER BIKE LANE I '"'�i�> 6' I MEANDERING WALK NO PARKING I 6 UflUTY UnUTY C0R1"D0R SECONDARY STREET SECTION CORRIDOR SCALE: 1'-10' R/W 76'RIGHT OF WAY R w LE 38' �k 36 1 I I TWLTL TWO WAY LEFT TURN LANE I 12' 20' 12' 20' 12' I U.C. UTILITY CORRIDOR' PARKWAY ROADWAY MEDIAN ROADWAY PARKWAY S.W. SIDEWALK OR TWLTL C.S. GRADED SHOULDER L5' 8' 12' 6' 6' 12' B' 5'1 ASPHALT PAVING ® AGGREGATE BASE NS•W 1. �r S•Wi �;:4^ AGGREGATE BASE '•• ,,M • s!�.'''- R/W RIGHT OF WAY LINE �,7" -23— - {' I'L STREET CENTERLINE 1 5, 4'I CURB&GUTTER.'1 4 15 1 \ ' • UTILITY CORRIDOR IS FOR AT i C I PARKING Q$ C I GRADE OR ABOVE GROUND BIKE LANE FACILITIES.(I.E.WATER METERS, TELE.RISERS,ETC....) COLLECTOR STREET SECTION SCALE: 1" - 10' R/W 56'RIGHT OF WAY R/W R/W 40'RIGHT OF WAY R/W 28' 28' I I 20' E 20' I 10' 18' I 18' 10' : 8' 12' 12' 8' IPARK ROADWAY I ROADWAY PARK I I G.S. ROADWAY I ROADWAY G.S. I 6' 8' SW. SW. Y I I x 1 .?;> l _ �_ _Lk .CFI- � S 23 ., �. �L ^-CURB k GU 4�� d. I NATIVE i 6'A.C. I �>.�yi.y L.C. SIDEWALK �'C. I I LOCAL STREET SECTION RURAL STREET SECTION SCALE: 1"- 10' SCALE: 1' - 10' r .-' Exhibit ® Palm Desert General Plan ,, J TERRA NOVA Preferred Street Cross Sections , , _' F� Planning&Research.Inc. City of Palm Desert "vi1lJ TN/City ____dm Desert/Amended 10.17.03 Draft Comprehensive General Plan/Land Use Element Table III-1 City of Palm Desert Draft General Plan Proposed Land Use Designations (AMD'D TEXT IN BOLD) Land Use Designation (Density) Purpose of Land Use RESIDENTIAL (R-DE) Desert Estates (0-1 du/10 ac) This designation provides for single-family residential development on lots a minimum of ten acres. The Desert Estate land use provides a development density intermediate between more typical open space/conservation lands and low residential densities, providing lots sufficient for rural and estate lifestyle yet with room to limit site and environmental impacts. This designation applies primarily to lands in the Sky Valley area. (R-ME) Mountain Estates (0-1 du/20 ac) This designation provides for single-family residential development on lots 20 acres or greater in size. The Mountain Estates designation recognizes the added constraints of steep terrain on site development and extension of access and services. It provides an intermediate step in development density between open space/conservation lands and low residential densities, providing lots sufficient for rural and estate lifestyle, while limiting site and environmental impacts. (R-HR) Residential Hillside Reserve (0-1du/5ac) The Residential Hillside Reserve designation serves to provide an intermediate development density for lands located on sloping terrain primarily within the foothills of the Santa Rosa Mountains. The designation permits the development of one single family home on lots of not less than five acres. The intent is to provide reasonable development opportunities while protecting natural and scenic resources. III- 4 TN/City„l ratm Desert/Amended 10.17.03 . Draft Comprehensive General Plan/Land Use Element (R-L) Low Density Residential (0-4 du/ac) This low density designation provides for single-family residential development. These lands serve to buffer more dense residential development from estate residential uses, and may be appropriate in areas with some site constraints. The R-L designation typically provides for low density single family subdivisions and Planned Residential Developments (PRDs), which may include golf course-oriented resort developments. It serves to transition between lowest residential densities and more moderate densities described below. Planned Residential Developments (PRDs) are master planned communities, which consolidate areas for structures, common open space and recreation areas, and integrate access and private internal roadways. PRDs permit the transfer of densities from open space/recreation areas, thus preserving open space and possibly allowing development to maximize allowable densities. The purpose of PRDs is to promote planned residential development and amenities beyond those expected under conventional development. It is also meant to provide greater flexibility in design, varying ranges in densities, and encourage well-planned neighborhoods through creative and imaginative planning. It also provides for an appropriate mix of housing types, which are unique in their physical characteristics to warrant special methods of residential development. A full range of residential development is permitted in PRDs. (R-M) Medium Density Residential (4-10 du/ac) Appropriate residential development under this designation includes single family and PRDs with shared open space, recreation and other amenities. Condominiums, garden apartments and affordable housing may also be appropriate for these lands. The intent of this designation is to encourage III- 5 TN/City ,,.-alm Desert/Amended 10.17.03 Draft Comprehensive General Plan/Land Use Element development of a wide variety of dwelling unit types at moderate densities. (R-MH) Residential Mobilehome (6-10 du/ac) The Residential Mobilehome land use designation is assigned to existing mobilehome parks and subdivisions, and also provides for new mobilehome developments on thoughtfully considered lands. Mobilehome development, where for lease or subdivision, shall be considered discretionary and require Conditional Use Permit (CUP) approval. Projects developed under this designation should be integrated and planned developments within a minimum planning area of five (5) acres, although in certain circumstances larger sites are preferable. (R-H) High Density Residential(10-22 du/ac) This designation allows for the greatest diversity of residential development, including attached single and multi-family dwellings. This designation is most suitable for planned communities, and for affordable and senior housing, where smaller units and higher densities may be appropriate. Duplex and multiplex development is most common and provides for PRD's with a varied range of residential types, including apartments and condominiums. Mobilehome parks or subdivisions with PRD type development may also allowed with the approval of a Conditional Use Permit. Density bonuses may be available, on a case-by-case basis, for approved affordable housing projects. COMMERCIAL (C-G) General Commercial The General Commercial designation is assigned to a wide variety of smaller commercial centers, specialty retail shops, a broad range of clothing and apparel,jewelry stores and a variety of personal service businesses. Office development is also permitted as a secondary use. Development may range from free-standing retail buildings, offices and restaurants, to planned III- 6 TN/City of ralm Desert/Amended 10.17.03 Draft Comprehensive General Plan/Land Use Element commercial centers. Hotels and motels may also be appropriate on these lands. Mixed use development with professional office and residential may also be permitted through approval of an integrated master plan. (C-N) Neighborhood Commercial The Neighborhood Commercial designation provides for neighborhood-scale shopping centers located near residential areas to provide convenient vehicular but also pedestrian and bicycle access. These developments are typically anchored by smaller grocery and convenience stores. A wide range of other uses, including banking, barbers/beauty salons, dry cleaners, restaurants, service businesses, offices and other related activities are commonly found in these planned centers. Neighborhood commercial planning areas typically range in size from 2 to 8 acres, providing approximately 20,000 to 80,000 square feet of gross leasable floor area. Mixed use development with hotels or motels, professional office and residential may also be permitted through approval of an integrated master plan. (C-C) Community Commercial The Community Commercial designation provide services for a substantial portion of the community, with shopping centers typically located on major streets but within convenient driving distance to residential areas. These developments are typically anchored by supermarkets and superdrug stores. A wide range of other uses, including financial and professional offices, personal care business, restaurants, service station and other community-serving services are commonly found in these planned centers. Hotels and motels may also be appropriate on these lands. Community commercial planning areas typically range in size from 5 to 15 acres, providing approximately 50,000 to 150,000 square feet of gross leasable floor area. Mixed use development with professional office and III- 7 TN/City of ralm Desert/Amended 10.17.03 Draft Comprehensive General Plan/Land Use Element residential may also be permitted through approval of an integrated master plan. (C-R) Regional Commercial The Regional Commercial designation provides for larger scale, integrated shopping centers and malls, which may be anchored by several department stores or other large-scale anchors, including "big- box" retailers, a variety of retail outlets, and restaurant and entertainment uses. Hotels and motels may also be appropriate on these lands. Office development may also be an integral part of these developments. Typical sizes range between 200,000 and 800,000 square feet or more of gross leasable floor area. This type of development can also be facilitated through the preparation of a Specific Plan. Mixed use development with professional office and residential may also be permitted through approval of such an integrated master plan. (C-OP) Office Professional The Office Professional designation is assigned to lands that provide comparative advantages for office development, with use characteristics that enhance compatibility with residential and other sensitive land uses. Professional office lands serve as effective buffer or transitional uses between commercial and residential neighborhoods, and provides convenient professional services to surrounding residents and businesses. Office use is appropriate along arterial roadways, integrated with commercial development, and as stand- alone business parks. Adjoining office- serving parking may also be developed on adjacent residential lands, consistent with thoughtful design practices. Mixed use development with hotels and motels, professional office and residential may also be permitted through approval of an integrated master plan. (C-RS) Resort Commercial The Resort Commercial designation is assigned to lands planned for or already developed as resort uses, including hotels III- 8 TN/City ,,..alm Desert/Amended 10.17.03 Draft Comprehensive General Plan/Land Use Element and associated uses, timeshare projects, and associated recreation and open space amenities, including golf courses, tennis courts, and pools and spas. These lands uses are geared to the visiting tourist public and also provide important venues for community meetings and events. Mixed use development with professional office and residential may also be permitted through approval of an integrated master plan. (C-MU) Commercial-Mixed Use This land use designation provides for a mix of uses, including those identified in any of the commercial land use designations, as well as professional offices, institutional and medium or high density residential. This designation is applied to lands that have benefited from approval of a master development plan or Specific Plan. The mixed use development is intended as a highly integrated master plan that optimizes complementary land uses and distributions, internal non- vehicular access, and low traffic volumes within residential areas of the master plan. Commercial mixed use developments will vary in size and are discretionary approvals. INDUSTRIAL (B-P) Business Park The Business Park designation provides for a flexible mix of office, service commercial, wholesaling and light manufacturing uses ranging from professional and medical offices to copy and printing shops, business and office supply stores, and paint and tile and cabinet shops, and similar uses. Limited retail sales, including restaurants, geared primarily toward park businesses may also be appropriate. Mixed use development with professional office and residential may also be permitted through approval of an integrated master plan. III- 9 TN/City .,, alm Desert/Amended 10.17.03 Draft Comprehensive General Plan/Land Use Element (I-L) Light Industrial The Light Industrial designation provides for a variety of light industrial uses operating primarily in enclosed buildings, and those requiring limited and screenable outdoor storage. Examples include clean manufacturing operations, warehousing and distribution facilities, mini-warehouse storage, and a variety of light manufacturing businesses. Siting industrial lands in close proximity to major regional highways is also desirable. Preferred development includes master planned industrial parks with integrated access and internal circulation. INSTITUTIONAL SERVICES AND FACILITIES (P) Public/Quasi-Public As noted in this element and on the Land Use Map, the Public/Quasi-Public designation is assigned to City Hall and the Civic Center, other City and governmental offices, libraries, schools, hospitals, floodways, police and fire stations, utility substations, as well as other public/quasi- public administrative offices. Institutional Symbols (P/CC) Civic Center (P/FS) Fire Station Fire Station (P/PS) Police Station Police Station (P/H) Hospital/Medical Hospitals and similar in/out-patient medical services. Also may be assigned to convalescent and skilled nursing facilities. (P/S) Designates educational facilities such as day care, elementary, intermediate, high schools, special schools and technical schools, and colleges and universities. (P/L) Libraries (P/PO) Post Offices (P/U) Utility Substation- designates electric, gas, telephone, water and other similar facilities. III- 10 TN/City alm Desert/Amended 10.17.03 Draft Comprehensive General Plan/Land Use Element OPEN SPACE (OS) Open Space The OS designation is assigned to those lands determined to be a special, important or valuable natural resource that warrants protection. The designation is assigned to such lands as parks, which carry a designation of (OS/PP); golf courses are defined as private open space with a designation of OS/PV. Mountainous and desert areas under public or quasi-public ownership are assigned the designation of Public Reserve (OS/PR). The designation allows the discretionary approval of trails, trailheads and associated facilities, but does not allow vehicular access. The Open Space designation may also be used to define special resource areas or those that may pose threats or hazards to development. Lands important for their recreational, biological, or regional economic value may also be assigned an open space designation. Examples of resource lands and hazards include ground rupture or liquefaction hazard areas, detention and retention basins, trails, estuaries and large habitat areas for sensitive biological resources. (OS/PP) Public Parks (OS/PR) Public Reserve Open Space (OS/PV) Private Open Space (OS/FW) Floodways III- 11 PLANNING COMMISSION RESOLUTION NO. 2239 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF PALM DESERT CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT AND A MITIGATION MONITORING AND REPORTING PROGRAM PREPARED FOR CITY OF PALM DESERT GENERAL PLAN UPDATE BASED UPON ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND THAT THE CITY COUNCIL ADOPT THE GENERAL PLAN UPDATE. CASE NO. GPA 01-04, GENERAL PLAN UPDATE AND DRAFT EIR WHEREAS, the City of Palm Desert General Plan Update ("Project" or "Proposed Project") has been proposed; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") (Public Res. Code, § 21000 et seq.), the State CEQA Guidelines (14 CCR § 15000 et seq.) and the City's Local CEQA Guidelines, the City of Palm Desert ("City") is the lead agency for the Project; and WHEREAS, in compliance with CEQA, the City prepared a Draft Environmental Impact Report ("EIR") to analyze the potential environmental effects of the Project; and WHEREAS, the City issued a Notice of Preparation ("NOP") for the EIR on May 19, 2003 for a period of 30 days pursuant to State CEQA Guidelines sections 15082(a), 15103 and 15375; and WHEREAS, pursuant to State CEQA Guidelines section 15082, the City solicited comments from potential responsible agencies, including details about the scope and content of the environmental information related to the responsible agency's area of statutory responsibility, as well as the significant environmental issues, reasonable alternatives and mitigation measures that the responsible agency would have analyzed in the Draft EIR; and WHEREAS, approximately seven (7) written statements were received by the City in response to the NOP, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR; and WHEREAS, a Draft EIR was completed and released for public review on September 17, 2003 and the City initiated a 45-day public comment period by filing a Notice of Completion and Availability with the State Office of Planning and Research; and PLANNING COMMISSION RESOLUTION NO. 2239 WHEREAS, pursuant to Public Resources Code section 21092, the City also provided a Notice of Completion and Availability to the State Clearinghouse and to all organizations and individuals who had previously requested such notice. Copies of the Draft EIR were provided to approximately 40 public agencies, organizations and individuals; and] WHEREAS, during the 45-day comment period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies and others pursuant to State CEQA Guidelines section 15086; and WHEREAS, all potential significant adverse environmental impacts were sufficiently analyzed in the Draft EIR; and WHEREAS, during the official public review period for the Draft EIR, the City received approximately nine (9)written comments, all of which the City responded to in the Final EIR; and WHEREAS, the Planning Commission of the City of Palm Desert, at its regularly scheduled public meetings on September 16th, October 7'h and 21st, reviewed the General Plan Update and at public meetings on November 4', December 2' and 16th, 2003, reviewed the General Plan Update, Draft EIR and Draft Responses to Comments for the Final EIR; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and WHEREAS, all the requirements of CEQA, the State CEQA Guidelines and the City's Local Guidelines have been satisfied by the City in the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes both the feasible mitigation measures necessary to avoid or substantially lessen the Project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA, the State CEQA Guidelines and the City's Local Guidelines; and WHEREAS, all of the findings and conclusions made by the Planning Commission pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and not based solely on the information provided in this Resolution; and 2 PLANNING COMMISSION RESOLUTION NO. 2239 WHEREAS, environmental impacts identified in the Final EIR which the City finds are less than significant and do not require mitigation are described in the Draft EIR; and WHEREAS, environmental impacts identified in the Final EIR as potentially significant but which the City finds can be mitigated to a level of less than significant, through the imposition of feasible mitigation measures identified in the Draft and Final EIR and set forth herein, are described in hereby incorporated into the Final EIR; and WHEREAS, prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the Draft EIR, and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the Draft EIR reflects the independent judgment of the Planning Commission and is deemed adequate for purposes of making decisions on the merits of the Project and WHEREAS, no comments made in the public hearings conducted by the City or, any additional information submitted to the City have produced substantial new inrormation requiring recirculation or additional environmental review under State CEQA Guidelines section 15088.5; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PALM DESERT RESOLVES AND RECOMMENDS TO THE CITY COUNCIL AS FOLLOWS: 1 . That the Council of the City of Palm Desert certifies that the FEIR for the Project has been completed in compliance with the requirements of CEQA and the City Rules to Implement CEQA. 2. That the Council adopts the General Plan Update as revised and submitted by the Panning Commission. 3 PLANNING COMMISSION RESOLUTION NO. 2239 PASSED, APPROVED and ADOPTED at an adjourned meeting of the Palm Desert Planning Commission, held on this 16th day of December, 2003, by the following vote, to wit: AYES: JONATHAN, LOPEZ, TSCHOPP, CAMPBELL NOES: FINERTY ABSENT: NONE ABSTAIN: NONE )14 SONIA M. CAMPBELL, Chairperson ATTEST: PHILIP DRELL, ecretary Palm Desert Planning Commission 4 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: September 16, 2003 CASE NO: GPA 01-04 REQUEST: Consideration of a Comprehensive General Plan Update. APPLICANT: City of Palm Desert BACKGROUND: General Plans are comprehensive planning documents which force cities (and counties) to look 20 years into the future to determine short and long term community goals and establish policies and programs to achieve those goals. The process requires cities to expressly analyze connections between individual short-term decisions and their long-term results. General Plans begin with a clear description and understanding of existing community conditions, strengths and weaknesses. Opportunities are identified for enhanced quality of life as well as future problems which might degrade future living standards. The city's current General Plan was originally drafted in 1 980. Although the plan has evolved over the years as a result of property owner and city initiated amendments and specific plans, the main text describes a city that no longer exists. The goals, policies and programs articulated in the existing plan have played a major role in transforming what was once a dusty stop on Highway 1 1 1 to a world class resort destination and the most desirable commercial and residential location in the Coachella Valley. II. PROPOSED PLANNING COMMISSION REVIEW PROCESS AND SCHEDULE At the September 16 hearing, it is proposed that after a broad overview, the commission review the Environmental Resources and Hazards and Public Services and Facilities Elements. Although important, these elements are less directly associated with the commission's normal area of responsibility. This would allow the commission to focus on the Community Development Elements (principally Land Use and Urban Design) at the October 7 meeting which will have direct relevance to several specific pending applications. STAFF REPORT CASE NO. GPA 01-04 SEPTEMBER 16, 2003 During the City Council's debate concerning the development moratorium, there was an expressed desire to avoid unreasonable delays in processing applications resulting from a prolonged General Plan review. Ill. THE NEW PLAN: The draft General Plan Update was the result of a collaborative effort of the consultant (Terra Nova Planning & Research), city staff and the General Plan Advisory Committee (GPAC), a select group of prominent Palm Desert residents who met on a monthly and sometimes biweekly basis over a two-year period to debate the city's future. The plan is comprised of five major subcategories: A. Administration and Implementation B. Community Development C. Environmental Resources D. Environmental Hazards E. Public Services and Facilities The Administration Element describes the basic structure, content and function of the plan. Community Development Elements relate most directly to the physical development of the city, both public and private. Environmental Resources, Environmental Hazards and Public Services deal with how the city manages resources and provides services. The first task of each element is to accurately describe existing conditions in the Year 2000, including a discussion of past policies and programs which were responsible for the city's successes as well as unresolved issues and problems. Future goals, policies and programs are then listed which build on the city's past successes and addresses future challenges. Basic concepts of land use compatibility, safe and efficient traffic circulation, environmental resource conservation, public safety, protection from environmental hazards and the provision of a wide variety of high quality public services are carried forward into the new plan. 2 STAFF REPORT CASE NO. GPA 01-04 SEPTEMBER 16, 2003 While most of these issues involve a re-articulation of principles which have guided the city's decisions since incorporation, the GPAC recognized that new strategies will also be required to address changing conditions in the future. As cities and regions develop, the emergence of new industries and the scarcity of land and other resources require new and different solutions to achieve the city's goals. IV. LAND USE AND URBAN DESIGN: In addressing land use issues, the GPAC quickly affirmed the fundamental goal of preserving the character and enhancing the quality of existing neighborhoods. Attention then focused to a few selected areas where changing conditions dictated new urban design strategies including: A. North of Frank Sinatra (University Park). B. North Highway 111 / Alessandro Alley between Monterey Avenue and Las Palmas. C. Portola between Highway 111 and the Whitewater Storm Channel. A. UNIVERSITY PARK: The city's growth since 1975 has been dominated by large master planned golf resorts anu country clubs consistent with the goal of becoming a world class resort destination. Permanent resident-oriented subdivisions have been generally in-fill developments wedged between the resorts. In discussing the future of the remaining vacant land north of Frank Sinatra, the GPAC quickly identified the following unique factors which dictated a fundamental shift in the city's land use and urban design emphasis: 1 . The growing Cal State University Campus. 2. Up to 6,000,000 square feet of potential office / commercial / industrial to be developed along 1-10. 3 STAFF REPORT CASE NO. GPA 01-04 SEPTEMBER 16, 2003 3. The Development of the 1-10 / Monterey Interchange area as a dominant regional shopping district. With a projected student enrollment of 15,000 and up to 3,000 employees, the campus will eventually be the largest institution (public or private) in the valley. Whole communities owe their existence and economic base to a university campus which provides great opportunities for dynamic interactions with surrounding land uses. They can also generate large volumes of traffic and housing demand. Along 1-10, fundamental land use compatibility principles dictate office / industrial uses adjacent to the railroad and freeway. The Monterey / 1-10 interchange located at the geographic center of the Coachella Valley will grow to be one of the valley's dominant regional commercial. In response to the convergence of these three powerful commercial and educational attractions, the GPAC determined that the emphasis should shift from a resort-oriented urban design to master planned permanent resident serving neighborhoods which respond to both the demands and opportunities created by these attractions. A buildout analysis of the campus and likely commercial / industrial uses including the completion of Desert Willow and the Marriott Shadow Ridge revealed a potential of up to 20,000 new jobs generating a housing demand of up to 10,000 units. The city's historical low density pattern would yield approximately 3,500 units on the remaining residentially designated land. The question was asked, "Where will the rest of these employees live?" It was first suggested that these households should live somewhere else. As all the Coachella Valley cities grow out toward. 1-10, each will be experiencing similar pressure for employment generating development adjacent to the freeway. Each city and the county will be struggling to meet the housing needs generated by their own employment growth and economic development. In the unincorporated County, the lizard preserve north of 1-10 and the extensive new preserves proposed in the Multiple Species Habitat Conservation Plan will limit extensive new urban development in vacant county areas. Job-creating uses on the north side of 1-10 will be generating their own housing demand which the County will be struggling to accommodate. The General Plan should not assume 4 STAFF REPORT CASE NO. GPA 01-04 SEPTEMBER 16, 2003 that other jurisdictions over which we have no control will accommodate the city's housing needs. The GPAC concluded that land use policies in the remaining vacant land between Frank Sinatra and 1-10 emphasize master planned residential neighborhoods with a diverse mixture of housing types and price levels designed to address the permanent residential housing needs generated by the campus and I-10 commercial / industrial development. The GPAC saw these policies not onlyin terms of an obligation but as an 9 opportunity to create great neighborhoods providing an enhanced quality of life as a result of the accessibility to the work, schools, parks, community and cultural services. The university campus, Gateway Shopping Center, planned Palm Springs Unified K-8 and high school, neighborhood parks and Desert Willow provide extraordinary resources for future residents. If master plans include direct internal access to jobs, shopping and. educational destinations, traffic pressure on the arterial road system can be lowered. Lastly, the GPAC concluded that one of the Coachella Valley's most valuable assets is its natural desert open space. Our resort economy is largely based on the perception that as one travels through the San Gorgonio Pass, Los Angeles is finally left behind. If housing demand continues to be met only by sprawling low density development, that open space will disappear. To preserve our image as a series of urban villages within the natural desert, housing demand needs to be addressed through more efficient and creative use of vacant lands within existing cities coupled with aggressive action to preserve the remaining open desert. The key to guaranteeing that new neighborhoods are compatible with the city's resort character is design. To maximize both land use efficiency and quality, these neighborhoods need to benefit from the same level of sophisticated and creative master planning which has made the city's resort developments successful. The demands and opportunities created by the .campus and 1-10 commercial will develop slowly over 20 years. Master plans must 5 STAFF REPORT CASE NO. GPA 01-04 SEPTEMBER 16, 2003 incorporate enough diversity and flexibility to address short, middle and long-term needs and opportunities. B. NORTH HIGHWAY 111, MONTEREY TO LAS PALMAS: The Palma Village and Core Commercial Specific Plans described a land use / redevelopment program for north Highway 111 between Monterey Avenue and Las Palmas including the residential lots fronting on the Alessandro Alley. The program was designed to encourage the private redevelopment and expansion of the commercial highway frontage uses by creating public parking on the alley facing residential lots. A landscape strip and wall was designed to buffer the commercial / residential boundary. With the exception of the Walgreens project, the plan has never been implemented, leaving a land use cloud on the effected residential parcels. The Andreino's restaurant has been remodeled and expanded in anticipation of the new parking. An impacted residential property owner appeared before the GPAC and requested that the planned parking lot be reduced in width leaving sufficient room to develop small homes. This would reduce the ultimate cost of the program and provide a more desirable two-sided residential streetscape. If homes are replaced by a parking lot, views of the backs of the commercial building are opened up to the residences significantly compromising the character of the neighborhood. The Walgreens example demonstrated that a wall and landscape buffer was not an adequate substitute for a landscaped front yard and home. A plan was prepared by staff which reduced the parking lot by 60% allowing sufficient room for home construction subject to acceptance of alternative small lot development standards. The plan provided for approximately 11 new spaces per commercial parcel allowing a 2,500 square foot expansion. The GPAC endorsed the conceptual plan with the admonition that the City must be prepared to implement the program in a reasonably short time allowing residential property owners to either sell their lots for parking or develop homes. 6 STAFF REPORT CASE NO. GPA 01-04 SEPTEMBER 16, 2003 C. PORTOLA CORRIDOR: Portola Avenue between Highway 111 and the Whitewater Storm Channel was originally designed as a two-lane residential street. It is slowly evolving into a four-lane major thoroughfare through widening projects and the elimination of parking lanes creating severe impacts on the remaining homes which front or side onto the street. On the west side north of Fred Waring, the lack of a parking lane coupled with high traffic speed creates significant safety problems for residents attempting to back out of their driveways. South of Fred Waring, widening projects will leave remanent parcels which preclude conventional residential development. Staff recommended going to Professional Office throughout the corridor which has proved to be a compatible buffer in high traffic areas. The GPAC endorsed office use north of Fred Waring, but designated medium density residential to the south. . V. RECOMMENDATION: That the Planning Commission continue Case No. GPA 01 -04 to October 7, 2003. Prepared by: Review a d Concur• Phil Drell Homer Croy Director of Community Development ACM for Deve ent Services /tm • • 4 &u+t admit f ` 1,J� i" � :./ 7-ai J P.O. Box 1504 J- ,..,. �) =.. .Lc/ 78-495 CALLE TAMPICO ',•, . (760) 777-7000 !VOF1k.—"�` LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 October 31, 2003 RECEIVED Phillip Drell, Community Development Director .z 2003 City of Palm Desert 73-510 Fred Waring Drive OMMUNITY DEVELOPMENT DEPARTMENT g t;3TY OF PALM DESERT Palm Desert, CA 92260 RE: Draft General Plan Dear Mr. Drell: Your draft General Plan appropriately identifies capacity preservation,intersection spacing and access management on pages III-81 & 82 in Policy 2 and the subsequent program statements for implementing Policy 2. However,Program 2.0 contains escape language that can allow city officials to subvert the fine goals stated elsewhere in the General Plan. Specifically, Program 2.0 says "Except for special circumstances, on Major Arterials the minimum spacing for signalized intersections shall be 1,750 feet." The General Plan is silent with respect to what constitutes a special circumstance. The General Plan should identify example intersections that are considered to have special circumstances, and cite criteria and reasons as to why they are special. For example, are existing full-turn intersections that do not comply with the General Plan spacing requirement considered special? If so why? The City of La Quinta is particularly interested in the evaluation criteria that will be employed in analyzing two intersections on Washington Street: 1) the Washington Street/Calle Las Brisas intersection (590' n/o Fred Waring Drive), and 2) the Washington Street/Tucson Circle intersection (150' s/o Darby Road). Neither of these intersections complies with the proposed General Plan unless the unknown special circumstance criteria is applied. These two intersections are excellent case studies in why full-turn access should not be given to every development that connects to a Major Arterial street. There will always be pressure to provide convenient access by sacrificing the mobility and capacity preservation aspects which are the higher priority considerations on Major Arterial streets. Acquiescing to the pressure means a few citizens receive a benefit at the expense of many. The special circumstance criteria should not be tailored to accommodate decisions favoring special interest pressure. Page 1 of 2 T:\PW DEPT\STAFF1SPEER\LETTERS\031024A.DOC If you havequestions regarding this please call me at (760) 7 - matter, 7 7 7042. Sincerely, imothy . onas , P.E. Public Wor s Director/City Engineer TRJ/SDS/acj cc: Jerry Herman, Community Development Director Page 2 of 2 T:\PW DEPT\STAFF\SPEER\LETTERS\031024A.DOC October 31, 2003 Planning Commission •-J - 4 V. � Li 73-510 Fred Waring Palm Desert, CA 92260 i 2003 MUNITY DEVELOPMENT DEPARTMF.''"v.''c 4rA{DESERT Dear Commission Members: I am writing in response to the City of Palm Desert's General Plan. More specifically, I am referencing the proposed change in zoning in the vicinity between Rutledge and Fred Waring on Portola Avenue. I am a current homeowner in the area affected and I would like to address my concerns regarding this issue. I disagree with the city's current plan to rezone this area for commercial use. The city must widen Portola Road between Rutledge and Fred Waring in order to create a safer thoroughfare for residents and schoolchildren. The proposed plan to rezone this area for small office\professional development is not the right answer. Such a plan will only aggravate the congestion problems that currently exist in this vicinity as well as make it unsafe for children walking to and from school. Over 25,000 cars a day travel up and down Portola. Residents who are forced to back out of their driveways face a constant chance that a speeding car will broadside them. Residents should not be allowed to face such conditions in their own neighborhood. According to the General Plan, the city has future plans to connect the north-end of Portola Avenue with Highway 10. Obviously, such a plan will only increase the volume of traffic flowing on Portola, thus putting residents at greater risk of injury. At the intersection of Rutledge and Portola you have two grade schools. On a daily basis you have a number of small children who walk home on both sides of Portola towards Fred Waring. If the city follows through with its plans to rezone this area for commercial use, you will have small children walking on sidewalks that intersect entryways to small businesses. Does the city want to risk having a child seriously injured or killed? The bottom line is this: The city needs to admit that future traffic will only increase dramatically over the next 20 years, especially in the vicinity between Rutledge and Fred Waring. Rezoning this area for commercial use will only add to the congestion and increase the risk that pedestrians will be injured or killed. The city must make the inevitable decision to widen this thoroughfare and make it safe for the entire community. Sincere yours, 4 wil Daniel Yoakum Nancy and Dan Yoakum 43625 Portola A ye. Palm Desert,Ca.92260 4• CAI/F�T� • TRIBAL PLANNING, BUILDING & ENGINEERING .37 Q a �c1HU1�--P� October 29, 2003 Mr. Phil Drell, Director of Community Development City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Draft EIR — City of Palm Desert General Plan Dear Mr. Drell, We appreciate the opportunity to review the Draft EIR for your city's Draft General Plan and offer the following comments: 1. Page III-121— Mitigation Monitoring/Reporting Program: Item B addresses establishment of a city-wide database that is updated annually. The City may want to consider developing an Integrated Cultural Resource Management Plan that could be updated periodically, say every 2-3 years. 2. The cultural sensitivity zones shown on Exhibits III-14 and III-15 are well developed and conform to modern interpretations of desert adaptation strategies, both prehistoric and historic. I suggest that the following mitigation measure be added: When a proposed project is within an identified cultural sensitivity zone, and when ground disturbing activities will occur, the city/developer shall employ a cultural monitor or a Secretary of the Interior's Standards qualified archeologist to monitor construction in the event that cultural resources are encountered. This monitor/archaeologist should have the authority to halt destructive activities in the event of a discovery and shall notify the appropriate authorities to inspect and, if need, prepare a treatment plan for the mitigation of cultural resources. 3. At this point, it may be beneficial in the long run for the City to research and incorporate local tribal areas of concern, and develop plans to attend to them now rather than wait for them to surface during project implementation. 650 E. TAHQUITZ CANYON WAY • PALM SPRINGS, CA 92262 • (760) 3253400 • FAx: (760) 325-0593 Palm Desert GP DEIR October 29, 2003 Page 2 of 2 We hope you find these comments helpful. If you have any questions, please feel free to contact Joe Nixon, Cultural Resources Coordinator, at 883-1313. Very truly yours, Pa- Margaret Park, AICP Director of Planning AGUA CALIENTE BAND OF CAHUILLA INDIANS C: Tom Davis, Chief Planning Officer Joseph M. Nixon, PhD., Cultural Resources Coordinator Project File F:\Letters and Memos\Palm Desert GP DEIR Itr.doc I 0OFlye�y' —=p United States Department of the Interior NATIONAL PARK SERVICE 44RQ"" 3 Ve°9 Joshua Tree National Park IN REPLY REFER TO 74485 National Park Drive L7621 (JOTR-R) Twentynine Palms,California 92277-3597 October 20, 2003 Mr. Phil Drell Community Development Director City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Mr. Drell: Thank you for the opportunity to comment upon the Draft Environmental Impact Report for the Palm Desert General Plan. The plan is well-written and well thought out. Environmental concerns as they relate to the park appear to be covered. Because the park is increasingly becoming ar "ecological island" surrounded by high-density urban and commercial development, our major concern is the type of development of lands immediately adjacent to the park boundary. The preferred alternative of the Palm Desert General Plan calls for zoning of lands adjacent to the park boundary into either open space (OS/PR) or to mountain estate (R-ME). This seems to be an appropriate compromise as reserve zoning is highly compatible with the park's land use and mountain estate is the lowest density of residential land use. However, for maximum protection of the area along our park boundary, we would always prefer that the adjacent outside lands be in some sort of reserve status to provide a buffer zone to the park against less compatible land uses. An additional land issue indirectly related to the park is the use of lands in your plan located between the park and the Fringed-toed Lizard Preserve. There is an ecological process at work whereby alluvial material from the park moves down slope to feed the sand dunes and other critical habitat of the fringe-toed lizard at the preserve. Any land use on the lands between the park and the preserve that would block this process will create a critical environmental issue. We hope that our comments will be of use to you for your plan. Since ly, urt Sauer Superintendent tit] tVED JAMES McDOWELL 74082 CHINOOK CIRCLE 2003 PALM DESERT, CA 92211-2076 (!+iiiN r' L;.` ?�,tl::r DEPA TMEN', 760.773.3206 7,7 . 1 jr:srRT ca2macs@juno.com October 21, 2003 Mr. Philip Drell DIRECTOR OF COMMUNITY DEVELOPMENT City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-0611 Re: Shepherd Lane - Planning/Redevelopment Dear Mr. Drell, Due to late unforseen circumstances I was unable to attend the meeting of the Planning Commission that was held on October 7, 2003. I was able to attend the meeting held this morning, and unfortunately for me the discussions at hand did not include the University Park area that includes Shepherd Lane. In prior discussions with you about proposed changes you indicated that Shepherd Lane would be opened up as a through street from Portola in the vicinity of the homes known as "Olive Grove" all the way to Frank Sinatra Drive. As of this date Shepherd Lane dead ends at Petunia Place going north from Frank Sinatra. I want to go on record opposing the opening of Shepherd Lane as you have proposed for the following reasons: I. The development of vacant land parcels north of Woodward Drive, south of Gerald Ford, east of Marriott's Shadow Ridge, and west of Portola means there will be hundreds of new homes built in this area. As a result a horrendous number of motor vehicles will have access to their homes by using Shepherd Lane, 2. Portola will become a very congested street much like Monterey. In order to avoid heavy traffic buildups, drivers going south on Portola intending to make a right turn onto Frank Sinatra would most likely turn into Shepherd Lane and use it as a conduit to go west on Frank Sinatra.. Philip Drell Page 2. 3. Congestion will also become more apparent at the intersection of Portola and Frank Sinatra. This too will influence drivers to use Shepherd Lane as an alternate route who will be going north on Portola to bypass the intersection noted above. Mr. Drell, I live at the corner of Chinook Circle and Shepherd Lane. There is little traffic now in this area. With your plans to open Shepherd Lane as a through street you are going to create a nightmare in the future years for all the residents who now live north of Frank Sinatra up to Petunia Place. So why would you recommend disturbing a peaceful and quiet area to become an area laden with traffic day and night. Your consideration in not opening up Shepherd Lane to through traffic as you have proposed would be very much appreciated. I might add I have discussed this matter with other residents, and they too are opposed to this change. Sincerely, mes c e Copy to: ,-Sonia Campbell, Chairperson, Planning Commission THE \ ROBERT • MAYER CORPORATION October 16, 2003 Chairwoman Sonia Campbell Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, California 92260 RE: APN 620-391-015-5, 8.6 acres Northeast Corner of Country Club Drive and Monterey Avenue Dear Chairwoman Campbell: At the October 7th meeting of the Palm Desert Planning Commission, I addressed the Commission regarding our property at the northeast corner of Country Club Drive and Monterey Avenue. I requested that our property be considered for a commercial land use designation as part of the city's update to the Land Use Element of the General Plan. This would be a change from the medium density residential designation of the property today. At this time we are not requesting or seeking approval of a specific project. These approvals will come in due time and be handled through the normal project review process. Rather, as part of the larger citywide review of land uses which will set direction and manage growth long into the future, we ask that our property be re- classified so that this parcel more appropriately fits with the characteristics of the intersection. We believe that as this highly traveled intersection, commercial uses are more appropriate than residential uses. As you continue the review and debate over land use issues, we would hope that our request merits your positive response. We respectfully request that you recommend a commercial land use designation on our property to the City Council for their ultimate approval. 660 Newport Center Drive,Suite 1050 Box 8680 Newport Beach,California 92658-8680 (949)759-8091 Chairwoman Sonia Campbt October 16,2003 Page 2 of 2 Thank you for your contemplation on this important matter. Sincerely, The Robert Mayer Corporation (-XAA Lawrence F. Brose Senior Vice President LFB:hs cc: Cynthia Finerty, Palm Desert Planning Commission Sabby Jonathan, Palm Desert Planning Commission Jim Lopez, Palm Desert Planning Commission Dave Tschopp, Palm Desert Planning Commission Carlos Ortega, City of Palm Desert Phil Drell, City of Palm Desert NI AT ER ESTABLISHED IN 1918 AS A PUBLIC AGt,ICY kVA /STRIG COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058•COACHELLA, CALIFORNIA 92236•TELEPHONE (760)398-2651 •FAX (760)398-3711 DIRECTORS: OFFICERS: JOHN W.McFADDEN,PRESIDENT STEVEN B.ROBBINS, PETER NELSON,VICE PRESIDENT GENERAL MANAGER-CHIEF ENGINEER TELLIS RUSSELLOKITAHARA DEKAS October 16 2003 JULIA FERNANDEZ,SECRETARY DAN PARKS,ASST.TO GENERAL MANAGER PATRICIA A.LARSON REDWINE AND SHERRILL,ATTORNEYS File: 1150.06 Corporate Limits Phil Drell Community Development Director City of Palm Desert - 73-510 Fred Waring Drive Palm Desert, California 92260 Dear Mr. Drell: Subject: Draft Environmental Impact Report for the Update for the Comprehensive General Plan for the City of Palm Desert The District has received your request for comments dated September 16, 2003, regarding the above-mentioned project. Our comments are as follows: 1. Paragraph 1, page II-11, Water Quality, needs to be amended to read: Some portions of the Coachella Valley groundwater basin are contaminated with increased levels of nitrate. Possible sources of this nitrate contamination include the application of fertilizers on golf courses and farms and effluent from septic tanks and wastewater treatment plants. 2. Paragraph 5, page III-86, Groundwater Replenishment, needs to be amended to read, "The facility, which began operation is 1995, and expanded in 1998, has successfully recharged 12,685 acre-feet of water use as of August 2003." 3. Paragraph 2, page III-87, Groundwater Replenishment, needs to be amended to add, "The San Diego Water Authority is also an agency listed in the Quantification Settlement Agreement." 4. Paragraph 1, page III-89, Water Quality, needs to be amended to read, "Possible sources of this nitrate contamination include the application of fertilizers on golf courses and farms and effluent from septic tanks." TRUE CONSERVATION USE WATER WISELY Phil Drell -2- October 16, 2003 The District has no further comments. If you have any questions please call Dan Charlton, Stormwater Engineer, extension 2316. Yours ery y, Steve Robbins General Manager-Chief Engineer DC:les\eng\sw\oct\eir-pd COACHELLA VALLEY WATER DISTRICT Sue Fairfield 73969 Krug Avenue { Palm Desert, CA 92260 € '_ .`I `_ `y1i 2003 October 16, 2003 Ms. Sonia Campbell, Chairperson City of Palm Desert Planning Commission RE: Portola Avenue/Fred Waring Rezoning to Small Professional Buildings Dear Ms. Campbell: I attended the meeting on October 7th regarding the above referenced rezoning issue on Portola Avenue. After hearing many of the developers and residents speak at the meeting, I would like to re-state my concerns regarding the Portola Avenue rezoning. I have lived in Palm Desert since 1967 and have seen the City go through many changes. I am very concerned about the direction the City is taking on this rezoning proposal. Since 1979, I haw: lived in the Portola/Rutledge area and currently live on east end of Krug Avenue. The back of my house, bedroom and kitchen windows, face southeast toward Rancho Road, Fred Waring and Portola Avenue. My backyard view currently overlooks the back roofs of the two end houses on the section of Portola included in the area being discussed for this rezoning. I do not want to have my mountain views ruined by looking at an office building(s), nor do I think it would be wise for professional buildings to be built in a well-established residential/school area. Ms. Campbell, would you vote for a small professional building erected behind your home in Palm Desert....) don't think so. I think you would want the development being planned near your home to be consistent with your neighborhood and that is what I want. If you re-study the colored maps sent us, you will note that everything north of Fred Waring between our neighborhood, including the Hovley Lane area, to Country Club Drive, is low and medium residential with two schools and parks interspersed. It is a nice mix neighborhood, but currently without any office buildings, except for the City Council and Sheriff's Department at the south end of the Civic Center Park. As I stated at the meeting, if you drive down Fred Waring from Portola to Highway Ill, you will notice many of the office buildings (a 2 story at San Pascual, the 2 story on the corner of Monterey, and the old "Pier One" building sitting vacant) all advertising office space for lease, plus 3-4 vacant lots with signs advertising office buildings being built. Do we really need to rezone this small strip at Portola and Fred Waring for more office buildings; I think not. I respectfully request that the Planning Commission take another look at this area and rethink this rezoning issue. I do have some sympathy for these property owners, but they chose to buy their current homes on Portola, just as I chose to buy my home in my great little neighborhood in the Vineyards area. If the City chose to help these owners by buying their property, one solution might be to re-landscape this area with desert landscaping, including trees and a nice wall, possibly with a mural and/or a sculpture. It might improve the look of Portola at this corner, as was done on Fred Waring. I do not agree with Mr. Drell's statement to me at the hearing, "be careful what you wish for" regarding the increased noise without some structures to buffer the noise. And quite frankly, I could live with a little more noise than an office building near my backyard. I think it would be poor planning to rezone a well-established residential area so that developers can erect ANOTHER office building! And, if the land was behind your home property, I don't think you or Mr. Drell would welcome a rezoning proposal that might allow an office building built in your backyard. Please carefully look at this Portola rezoning issue again. Do not let this current proposal pass, which would diminish the property values of the homes next to this site, as well as affect our quality of life in this part of the City. Put yourself as a Palm Desert homeowner in my place. Would you want an office building that close to your home and the view out your backyard? Please don't let the developers fill in every corner of our desert with commercial buildings, a sea of homes and other commercial centers; leave us some beautiful open desert space. I appreciate your efforts on the behalf of our neighborhood and our disappearing desert. Thank you for your time and consideration of this request. Sincerely, Sue Fairfield A Very Concerned Palm Desert Resident 1 I 'T4D . C; 2 0 2003 Philip Drell City of Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 October 15, 2003 Dear Mr. Drell and Planning Commissioners; My name is Lucy Perez Rodriquez and I own the property at 73-361 San Benito Circle. This house has been in our family for more than 30 years and is presently occupied by my daughter Bertha and her two children. At this time I am living in Redding, California, but visit Palm Desert several times a year. We were very upset about 15 years ago when the new Community Plan was to condemn our home to make a parking lot. It was very difficult not knowing what was going to happen to our property. Now with the new plan we are pleased that our home will be saved. However, in a recent letter it was suggested that the city take 45 feet off the back of my property for a parking lot. That would put the parking lot right next to my bedroom window. Would it be possible for the city to take only 20 feet leaving us a small backyard for protection? Or, would it be possible to have parking on the large vacant lot to the east of our property? I believe that vacant lot belongs to the city. I will be driving down to Palm Desert for the meeting on October 21 , and hope to see you then. Anything you can do to help protect our home would be very much appreciated. Sincerely yours, Lucy Perez Ro i.quez 73-361 San Benito Circle Palm Desert, California 20415 Greenview Drive Redding, CA 96002 Wednesday, October 15, 2003 _i,,. a i \' C ...r 1 7 2003 t� CITY OF PALM DESERT 73-510 FRED WARING DRIVE '' T. `/` ';P'i 1 T DEPA$ ,E„:T PALM DESERT, CA 92260 NBNA UNIQUE PROPERTIES LLC ALLEN NAZERI 74478 HWY 111 #342 PALM DESERT, CA 92260 ATTENTION: MR. PHILIP DRELL PALM DESERT PLANNING COMISSION RE: General Plan Amendment Dear Mr. Drell, On August 22, 2002, The planning commission recommended to the city council approval of GPA 02-02, C/Z02-02 and PP 02-06 by adoption of resolution No.2148, subject to conditions as amended, and motion carried 5-0. (Copy Attached) On September 12th, 2002 The city council of the city of Palm Desert denied the planning commission approval based on the following justification: ( Copy Attached) 1. The proposed general plan amendment was immature at the time considering GPAC was updating general plan land use. 2. The City Council pointed out the general plan amendment on the subject property was inappropriate without the knowing what the zoning for the surrounding land uses will be. 3. The City Council considered the 12 acre site south of the subject property being zoned as an office use will be sufficient for the area at this time. Now, with the preliminary proposed map by GPAC, It is our request from the GPAC to reconsider the rezoning of 3.9 acres of land on the Northwest corner of Frank Sinatra Drive and Portola Avenue, from Low Density Residential to Professional Office Use as part of the general plan amendment based on the following facts: (d) Features Supporting Office Professional Land Use Through out the city office professional zoning has been used as an effective buffer between high traffic volume streets and more intense land uses. In this instance the office professional property will buffer the residential to the north from Frank Sinatra and provide a suitable transition from the neighborhood commercial zoned property on the south side of Frank Sinatra. The office professional land use allow us to create an open landscaped area with a significant art piece as part of the city's art display at the corner of two major streets which would not be possible with a residential lay out. 7. The additional professional office land use will redirect traffic away from already congested center of the city where most offices are located along Fred Waring and HWY I l 1. 8. The subject property has already been studied by Department of Public Works, Riverside County Fire Department, Metro transit and Coachella Water District and have been recommended for a zone change. Based on the above facts as well as the attached copy of City Of Palm Desert Staff Report, It is our request that the General Plan Advisory Committee rezone the subject pro y from low density residential to professional office use. Sincerely, Allen Nazeri NBNA UNIQUE PROPERTIES LLC VO$ C) 3 Crystal Palm Courtyard �� �`� 73-338 Highway 111 opt( Palm Desert, CA 922260 �� co October 14, 2003 City of Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Expansion of Parking on North Side HWY 111 Alley Dear Members of the Planning Commission; After attending the last planning commission meeting and listening closely to the three options that Mr. Philip Drell outlined for this project, namely: 1. Do nothing. 2. Expand the alley by 25 feet north from the center line. 3. Expand the alley by 45 feet north from the center line. I would like to register my opinion that you choose the solution that best satisfies the problem in the long term. I think Phil's explanation of the duty of the commission to visualize the parking requirement by looking many years into the future is the key point. Parking during the season is difficult now and can only deteriorate in the future. By doing nothing, or accepting a compromise solution of only expanding the alley to accommodate one row of parking, an opportunity is lost to solve the problem in the long term. I listened carefully to the few people who spoke for alternate solutions and those arguments seemed short sighted. Phil has intelligently identified on the map he presented the optimum single family housing size that would be available after reducing the lots for the long term solution. Because of time restraints he did not clearly present these conclusions. The point is that small single-family lots remain that are not inconsistent with the current neighborhood. It is my belief that the land owners and homeowners do not seriously object to this project, they only want fair compensation. 4111/ Please do the right thing and maximize this parking proposal. If it doesn't happen now so that the business owners such as myself can continue to improve their properties, this side of HWY 111 will continue to deteriorate. Sincerely, Peter Hartwig Owner-Crystal Palm Courtyard cc: Mr.Phil Drell To: Page 2 of 3 2003-10-15 00:01.54(GMT) 15102179560 From.Stuart Rickard OCT.14.2008 4:06PM J, IGN & CONST. NO.861 P.1/2 Placeworks Real state Development October 14, 2003 Mr. Philip Drell City of Palm Desert 73.510 Fred Waring Drive Palm Desert, CA 92260-2578 RE: SE CORNER 1-10 AND COOK STREET Dear Mr. Drell: Please find attached the proposed site plan for the property at the above-referenced location. I am writing on behalf of Mr. Jerry Williams, who currently holds an option to purchase this property, and Mr. Dennis Sivers, the current owner of the property. Mr. Williams and I are working together to construct an office/flex industrial development pursuant to the site plan. We wish to request that the City of Palm Desert Planning Department staff modify the proposed General Plan Amendment designation for this site in order to support development of the site in accordance with the proposed uses and site plan. We request that the Industrial business Park (B-p) land use designation apply to this property. We believe our proposed development represents the highest and best use of the property. There is a great deal of demand for office/flex industrial space that is central within the Coachella Valley and has immediate 1-80 access, We plan to process an industrial condominium map for these buildings. which would allow smaller users to purchase their premises - and we believe this will make these buildings highly desirable. For these reasons, our development would proceed immediately upon obtaining land use approvals. We evaluated other options before we determined that the proposed development is the highest and best use. Office use is not viable at this time because there is a lack of demand and a lack of local amenities to support office employees. We believe, however, that office demand will increase in the next 10 to 15 years, and have accommodated that by designing our buildings to accept future office use (generous parking ratios and ample glass). Retail use of the site is compromised by its location: 1.) although close to a major freeway off-ramp, the project is on the wrong side of Cook Street, necessitating a u-turn to access the parcel; 2.) visibility is poor due to a.) the incline of Cook Street, which hides the rear portion of the site both from Cook Street and from east-bound 1-10 and b.) the distance from 1-10, which results from the rail right-of-way and a 50' storm drainage easement being between 1-10 and the rear 1501 Pacific Avenue, Alameda, CA 94501 ph: (510) 499.9400 fax: (510) 217.9560 Received Oct-14-2003 05:04pm From-15102179560 To—PALM DESERT PUBLIC W Page 002 To. Page 3 of 3 2003-10-15 00:01:54(GMT) 15102179560 From:Stuart Rickard OCT.14.2003 4:06PM Jl iIGN & CONST. NO.061 P.2/2 of the site; and 3.) existing development in the nearby area does not warrant a retail center. In the long term, this site will never be preferred over other nearby sites for retail development due to the access and visibility issues. For the reasons outlined above, we suggest that the General Plan Amendment assign the Industrial Business Park (B-P) land use designation to the subject parcel. We aim to build a high-quality project with excellent architecture and landscape design that would provide for upgrading use in the long-term and that would have significant economic development benefits for the City of Palm Desert. Please call me with any questions regarding the above at (510) 499-9400. Sincerely, Stuart Rickard President We suppsj t t- • ,ve request. r ,p. Jerry Wi l4ams Dennis Sivers 1501 Pacific Avenue, Alameda, CA 94501 ph: (510) 499-9400 fax; (510) 217-9560 Received Oct-14-2003 05:04pm From-15102179560 To-PALM DESERT PUBLIC W Page 003 Lundin Development Co. IOctober 7, 2003 To: Palm Desert Planning Commission From: Lundin Development Company ` Subject: Shopping Center Planned for NWC of Monterey& Country Club A shopping center is being planned for development at the subject corner anchored with Henry's Market and Walgreen's Drug. This is deemed the optimal, highest and best use for this vacant site. The site merits commercial development and will bring to this location very desirable small-scale commercial uses in an exciting and special architectural setting created by Jim Cioffi. The plan provides for abundant landscaping and a quiet "green-belt" separation of the center from adjoining housing. (See enclosed site plan and architectural renderings). This site was planned for a shopping center in conjunction with the Merano development with CC&R's disclosing and providing for such a shopping center at a later date. Today is that date! (See enclosed excerpts from the CC&R's). Traffic considerations dictate the need for enhanced safety at this location, which will be provided by a traffic signal to be installed at Via Scena and Country Club. This signal has been needed for some time by both the old Albertson's (now vacant) center on the south and Merano residents on the north. Adequate traffic warrants for such signal cannot be achieved unless this site is developed commercially. Its existing residential zoning cannot provide the necessary warrants. Therefore, in the interest of achieving the best redevelopment of the existing old Albertson's center, including the best replacement tenant and refurbished architecture, this signal at Via Scena is necessary for these customers to have the safest return trip toward the west and south via Country Club. A traffic study is being prepared by Urban Crossroads showing details. Thank you for your consideration of our request for land-use approval of our proposed shopping center. We filed our application for a General Plan Amendment on January 17, 2003. (See enclosed copy of our application). 16400 Pacific Coast Highway,Suite 207• Huntington Beach,California 92649• (562)592-6020• FAX(562)592-6050 1 i' .-,--,- .. Il ----I — --- r - - - __mS?IVTF.RE 1 .:1 NUE - 0.1 i if ,.:, iM .v _ . ash ' ( � .k. :, ► iit -10 • 1 IA - \f° 1 —1 \ , .1 1 . i 411, I .---', 1 1 t_ -,7- 4,. i _ I Poi , . .- tt _I_ i Sta «s� J •4� [ 1 "fit "�-� > t - --- 1 y Z I tj 'i r ►�-1 APA. .4 ;i f �./�P rim •',.� 10 ••t� 11 j i -i ._ ':ai°' — r 1 t a.a a/ 1 yi'�j 1L jai , I 1 1 14 4 r'a ♦:4 4 ,E 4 C i ) are— _ ,,: '�1. i'i i _ - R ►1v hV o1 aa ,4� 1 ►' .. • x * r I I 1 ffffff eCl t t, - e�5 I m. 41 . ,g r o� 1t: �Q I_ 1- 1X# 1 \ �.1e}i \� — ` tact: Or 11 I L k 1,r_k.„ % _ 9 r ye i♦ ur Iill - t .• /t.. F �'*! j ' ; Ts ► is 1. • % �'r ,;; ' �t f t, .«.::+, 1 a. �_ __ L Ys yy 1 I 1! _ j a►a } r f e?s 44 '' alp:_ I I 8 r;. i I ;I a•a g 3 X I 17.1 ' Lwow DEVELOPMENT, (' Is w ; a g , Ia COUNTRY CLUB PLACE Ciofii x" z I NE CORNER COUNTRY CLUB & MONTEREY ARCHITECT 1 `I PALM DESERT, CALNFORMA 0 411. NOBLE & COMPANY, LLC 42-620 Caroline Court, Suite 101 •Palm Desert,California 92211 •Tel. (760) 836-9073•Fax(760)836-9074•E-mail: Noblecompanyllc@aol.com RECEIVED October 7, 2003 t��. . 0 7 2003 S:-OMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT Mr. Phil Drell Director of Community Development City of Palm Desert 73510 Fred Waring Drive Palm Desert, Ca. 92260 HAND DELIVERED Re: Parcel "C" of Parcel Map Waiver No. 02-22 Dear Mr. Drell: Enclosed please find a copy of my letter to you dated September 15, 2003. I would like to once again call to your attention the issues raised therein as well as a number of other problems which would result from the currently proposed plan. The Preferred Alternative map included in mailings to the public and staff presentations does not show the locations of the Dinah Shore Drive and Portola Avenue extensions which will be completed in early to mid 2004. As it is very difficult to understand the enormously negative effect that the proposed designations would have on the subject property without seeing the street locations, we have prepared the enclosed color coded map showing them. This layout reveals that the proposed designations would provide an R-H area of about 16 acres (up to 350 + - dwelling units), several acres of OS/PV and an oddly shaped I-BP section of approximately 8 acres. Some of the undesirable effects of locating residences northerly of the Dinah Shore Drive extension as well as questions regarding the OS/PV area are set forth in my September 15 letter. Equally disturbing, however, is the fact that the proposed I-BP portion of the subject property would, due to its very difficult shape and lack of frontage on any road, be undesirable for most uses. This property would be accessible only from Dinah Shore Drive, through the proposed high density residential area. The lack of street frontage would preclude office, showroom and other more attractive buildings and users which r M Mr. Phil Drell October 7, 2003 Page 2 do not require street visibility would generate heavier automobile and track traffic which would not be compatible with the adjacent residential use. Accordingly, we respectfully request that the entirety of the subject property be designated I-BP which is consistent with its current SI zoning. Thank you very much for your attention to this matter. Very Truly Yours, Thomas S. Noble cc: Planning Commissioners 4110 NOBLE & COMPANY, LLC 42-620 Caroline Court, Suite 101 •Palm Desert, California 92211 •Tel. (760) 836-9073•Fax(760) 836-9074• E-mail:Noblecompanyllc@aol.com September 15, 2003 EC E.I\E D 7 2003 Mr. Phil Drell 4m, I Director of Community Development DEAeTr>E T DESERT City of Palm Desert 73510 Fred Waring Dr Palm Desert, Ca. 92260 HAND DELIVERED Re: Parcel "C"of Parcel Map Waiver No. 02-22 Dear Mr. Drell: The purpose of this letter is to advise you, the Planning Commission and the City Council, of our concerns regarding certain land use designations proposed for the referenced parcel in the General Plan 2000 Preferred Alternative. This parcel consists of approximately 29 gross acres which are contiguous to the southerly boundary of Parcel Map No. 24255. Current zoning of Parcel "C" is Service Industrial and judging from the color codes shown on the Preferred Alternative it appears that a portion of the property along the Dinah Shore Drive Frontage is being suggested for R-H (high density residential) use and the north west corner of the intersection of Dinah Shore Drive and Portola Avenue seems to be designated as Open Space. For a variety of reasons, among which are the following, it seems to us that Parcel "C" should remain in the Service Industrial zone: 1. The subject parcel is bordered by Parcel Map No. 24255, which contains all S.I. property, on the north and will front Dinah Shore Drive on the south, the Portola Avenue freeway ramp on the east and the railroad to the north east. Dinah Shore and Portola are both designated to carry heavy traffic volumes and the noise factors from those roads, the railroad and the freeway as well as the proximity of the property to industrial uses make it undesirable for residences. Dinah Shore Drive will offer a wide, landscaped buffer between industrial facilities to the north and residential neighborhoods to the south. A natural transition from high density units to lower densities plus schools and parks can take place moving south from Dinah Shore Drive and the future 35th Avenue; Mr. Phil Drell September 15, 2003 Page 2 2. Based upon the demand that we have had for lots in Gateway Industrial Park (Phase 1 of P.M. No. 24255) it appears that Parcel "C" can be absorbed in a reasonable time frame for light industrial and office uses. We strongly feel that the continuity of uses that would be attained by having service industrial uses northerly of Dinah Shore with residential and attendant uses such as schools and a park southerly thereof will provide much better living and working conditions for all concerned. Of particular concern would be the safety of children living north of Dinah Shore crossing such a busy intersection, or even jay walking across Dinah Shore, to get to school or the park; 3. The suggested open space, apparently at all four corners of Dinah Shore/ Technology Drive and Portola Avenue is a concept with which I am not familiar. Among the questions that arise are how large is each area and who pays to acquire and improve the property. Please feel free to contact us with any questions that you may have regarding this matter. Very Truly Yours, Thomas S. Noble I I ; CITY OF PALM DESERT =--T GATEWAY AREA i \ , . PREFERRED ALIGNMENT I 1 i - j ,... ,...., 1 - - - TRACT HOMES __ _ 4,L.N. I 1 •• l i .'� AQ9O .�RrC•e/ "C„ o� tali a i o.z-,Z.2 W I All o PH• SE I isio, �� -- r -•\ / Po, i./r--.o >~06� ��s,3,. ��,tc 4 I w - 35TH AVENUE ._!Er: _\ •, ' / -C,// \re---c 4...4..../ 'e /.e...-. C 4/.4 6" f \o . j 2 "V • I —ri I -\ 9ti jar i \iO4, \o\ 1 o j 11111r \o sok - w Cn GERALD FORD DRIVE \�9i.‘, / JPip,0Sel Uses \ \• 4 '• •E 1/4 MILE 1/2MILE (I U P, \ 1 1 \ I SCALE: 1" = 1/4 MILE(1,320') O I (OS—PV) 0. i ' I :l i 1 , POHEROSA HOM ES RrC it September 15, 2003 -: 3 2003 COMMUNITY DEVELOPMENT DEPARTMENT (IN OF PALM DESERT Mr. Phil Drell Director of Community Development CITY OF PALM DESERT 73510 Fred Waring Drive Palm Desert, Ca. 92260 RE: General Plan 2000 Preferred Alternative Dear Mr. Drell Ponderosa Homes is a privately held homebuilder based in Pleasanton, California with offices in Palm Springs. Founded in 1968, Ponderosa Homes has a well established reputation for combining creative design and quality construction to create neighborhoods with lasting value. We currently building Mosaic at Esplanade, a 104-lot move-up family project located at Fred Waring and Jefferson in La Quinta. I urge you and the Planning Commission to visit our project and witness the quality and style of a Ponderosa Homes community. Ponderosa Homes is the owner of approximately 130 acres located at the NW corner of Gerald Ford and Portola Avenue. We purchased this property in September of 2002 with the intention of developing an upscale residential community consistent with the quality of existing Palm Desert residential developments. We are very concerned about certain aspects of the General Plan 2000 Preferred Alternative ("Alternative") as is relates to our property, to whit: 1. The Alternative shows two small commercial areas located at the SE and SW corners of our property. We do not believe that these uses are compatible with our plan and will serve as nuisance uses to future homeowners in our proposed community. We also believe that the abundance of commercially designated property along Monterey and Cook Avenues is more than adequate to service the area and limits the ability to attract a user for these proposed sites. 2. The Alternative creates small pockets of Residential, 10-22 units/acre at the NW and SE corners of our property. We do not believe that currently, nor in the foreseeable future, there is a market for this land use (other than apartments) in this location. We believe that locating apartments in these areas would detract from the quality of our proposed residential community and will be a less attractive use for the visible Gerald Ford/Portola corner. 3. The Alternative includes a school site which is split between three property owners. It is also located in a portion of the area which is less than ideal from a topographic perspective. 6671 Owens Drive • Pleasanton, California 94588-3398 Tel: (925) 460-8900 • Facsimile: (925) 734-9141 As an alternative, Ponderosa Homes has been working closely with the other property owners in the area including World Development, Myron MacLeod, the Sares-Regis Group, Nobel Company LLC and the Palm Springs Unified School District to create a plan which incorporates the school site, low, medium and high density residential uses and commercial and industrial uses into a plan on which all of these parties can agree. This plan includes a mix of land uses similar to that proposed by the Alternative but in a way which fosters the creation of cohesive neighborhoods sensitive to the demands of homebuyers. I have attached a copy of this proposed General Plan Alternative, which was submitted to you yesterday, for reference purposes. Please consider this plan in finalizing the draft General Plan Update. We are prepared to submit tentative maps for a portion of our property in keeping with this plan and we trust that these can be processed concurrently with the General Plan Update. We have experienced considerable delay in our ability to process this project given the imposition of the moratorium and we trust that our efforts to create a satisfactory General Plan alternative will be considered in good faith. Sincerely yours, PO EROSA HOMES II, INC. Jeffrey C Schroeder Vice President, Land Acquisition &Planning r _ _j m — — MONTY AVENUE - - - - - - 0 m 7 n". 1 (� < -u ! 0 iI I m RE "n Ikim D y I oite pp`q W 'NZ �e �, (A D !co 0 .1• 0 ✓,: m j GATEWAY DRNE -, 7 i }p N 1 I Dc, OD voa i , rR ' DO I I - [' ill r Oi. j VO cCoa i { ND0 Do>� ' 1 I o o I:I oo� DOM :� I 7Ho ff ,3 11 1 ; D. i • I ' , v�- z 0e tio�A 4_=� if) �-\�'� �\\ MAIN PLANNING SMITH AND ASSOCIATES, INC(op Proposed General Plan Land Use Diagram PIdNNNG/CIVIL 920-9811 /LAND SURVE9-789Y/NG 777 R.SPRINGS, CANYON WAY SUITE 301 MACLEOD / WORLD / PONDEROSA PALM SPRINGS, CALIFORNIA 92262-6 764 TELEPHONE(760)920-9811/FAX 929-7889 NOBLE & COMPANY, LLC 42-620 Caroline Court, Suite 101 •Palm Desert, California 92211 •Tel. (760) 836-9073• Fax(760) 836-9074•E-mail: Noblecompanyllc@aol.com • September 15, 2003 P 1 5 2003 Mr. Phil Drell ILNT DEPARTMENT Director of Community Development ?.if DESERT City of Palm Desert 73510 Fred Waring Dr Palm Desert, Ca. 92260 HAND DELIVERED Re: Parcel "C"of Parcel Map Waiver No. 02-22 Dear Mr. Drell: The purpose of this letter is to advise you, the Planning Commission and the City Council,of our concerns regarding certain land use designations proposed for the referenced parcel in the General Plan 2000 Preferred Alternative. This parcel consists of approximately 29 gross acres which are contiguous to the southerly boundary of Parcel Map No. 24255. Current zoning of Parcel"C" is Service Industrial and judging from the color codes shown on the Preferred Alternative it appears that a portion of the property along the Dinah Shore Drive Frontage is being suggested for R-H (high density residential)use and the north west corner of the intersection of Dinah Shore Drive and Portola Avenue seems to be designated as Open Space. For a variety of reasons, among which are the following, it seems to us that Parcel "C"should remain in the Service Industrial zone: 1. The subject parcel is bordered by Parcel Map No. 24255, which contains all S.I. property, on the north and will front Dinah Shore Drive on the south, the Portola Avenue freeway ramp on the east and the railroad to the north east. Dinah Shore and Portola are both designated to carry heavy traffic volumes and the noise factors from those roads, the railroad and the freeway as well as the proximity of the property to industrial uses make it undesirable for residences. Dinah Shore Drive will offer a wide, landscaped buffer between industrial facilities to the north and residential neighborhoods to the south. A natural transition from high density units to lower densities plus schools and parks can take place moving south from Dinah Shore Drive and the future 35th Avenue; Mr. Phil Drell September 15, 2003 Page 2 2. Based upon the demand that we have had for lots in Gateway Industrial Park (Phase 1 of P.M. No. 24255) it appears that Parcel "C" can be absorbed in a reasonable time frame for light industrial and office uses. We strongly feel that the continuity of uses that would be attained by having service industrial uses northerly of Dinah Shore with residential and attendant uses such as schools and a park southerly thereof will provide much better living and working conditions for all concerned. Of particular concern would be the safety of children living north of Dinah Shore crossing such a busy intersection, or even jay walking across Dinah Shore, to get to school or the park; 3. The suggested open space, apparently at all four corners of Dinah Shore/ Technology Drive and Portola Avenue is a concept with which I am not familiar. Among the questions that arise are how large is each area and who pays to acquire and improve the property. Please feel free to contact us with any questions that you may have regarding this matter. Very Truly Yours, Thomas S. Noble T"V ' V VWLLian26,/0act4 1�z / t iES J /— 9RP..• -..- ;i ! iVIC." =^r'.,' 'a.f:'M�. °S_ 5A-,;==`•>.z>.bM,s9tA Vf+ss 1-^khe x.''0146WION 9.31Vikt!,:i+�.'-IM,Y,OWArtiVIMI" Via. G September 8, 2003 RECEIVED Phillip Drell • 2003 Director of Community Development i; ;h1mR1 ny il;VE PMENT DEPARTMENT City of Palm Desert CilY OF PALM DESERT 73510 Fred Waring Dr. Palm Desert, Ca. 92260 RE: APN 624160004-9 3.91 acres at Cook Dear Mr. Drell: Thank you for meeting with me this morning regarding the General Plan 2000 layout drawing which indicated that the land belonging to my clients RC Group Associaters, LLC was designated as "Open Space" by the use of the "green" color coding. As we discussed with my client Phillip Cordova, who accompanied me this morning, the zoning designation for this parcel is R-1. You indicated that the "green" designation on the drawing was an oversight of the general plan com- mittee or the preparer of the layout drawing. As you know, Mr. Cordova is pur- chasing the property owned by RC Group and we needed an immediate clarifi- cation of the error in the layout drawing. Thank you for your immediate attention to this correction. Very trul yours, / Z...-/*, - ,----,,-,VS- ---------—=',-- Bobbie R. Williams WILLIAMS & GADDY PROPERTIES, INC. Cc: RC GROUP Associates, Inc. cc: Phillip A. Cordova 74-000 Country Club Ste: E2 • Palm Desert, CA 92260 (760) 779-9332 • Fax: (760) 779-5650 eh•I',y'`j Coachella Valley Mosquito and Vector Control District 43-420 Trader Place • Indio,CA 92201 • (760)342-8287 • Fax(760)342-8110 E-mail: CVmosquito@cvmvcd.org • Website: www.cvmvcd.org 1,-414411 June 9, 2003 RECEIVED Board of Trustees President JUN 1 3 2003 NICK NIGOSIAN,JR. County at Large John D. Criste COMMUNITY DEVELOPMENT DEPARTMEN9 Vice President AICP, Planning Consultant CITY OF PALM DESERT RON PERKINS City of Palm Desert La Quints 73-510 Fred Waring Drive Secretary/Treasurer Palm Desert, CA 92260 ART McKAY Palm Desert Subject: Comments regarding the Comprehensive General Plan Update for the BEN LAFLIN City of Palm Desert, Riverside County, California County at Large PAUL S.MARCHAND Dear Mr. Criste, Cathedral City JUAN DE LARA Thank you for the opportunity to express our opinion regarding the environmental Coachella impact report regarding the Palm Desert Comprehensive General Plan Update, Riverside County, California. GARY BOSWORTH Desert Hot Springs The Coachella Valley Mosquito and Vector Control District (the District) has DENNIS GODECKE concerns on the plan that may increase the risk from disease carried by Indian Wells mosquitoes and other vectors for residents in the Coachella Valley. A major GENE GILBERT concern of the District is the potential of introduction of West Nile virus (WNV) Indio in California, and ultimately in the r'oachella Valley. Mosquito species that are LESLIE PRICER present in the Valley are the major vectors of the WN virus that caused close to Palm Springs 300 deaths and over 4000 infections in the U.S. last year. JOHN FUSCHETTI The Initial Studyof the Palm Desert Comprehensive General Plan Update Rancho Mirage p p according to the information has been prepared in accordance with the CEQA. DONALD E.GOMSI However, the District has potential public health and environmental concerns General Manager regarding the Environmental Settings - section Hydrology, (page 19). Negative consequences of the proposed Plan that the District is concerned about are excessive standing water that may be created by increased development and inadequate discharge systems for storm flows and street irrigation runoffs. The creation of the standing water in obstructed discharge water systems (storm sewers, catch basins, culverts) might potentially affect public health by increasing habitat availability for aquatic stages of disease vectors, and by creating harborage and moisture for reservoir and nuisance species. According to the statement on page 19 of the document, the City is directly responsible for management of local drainage into regional facilities. Furthermore, it is stated that the City of Palm Desert has adopted and is John D. Cn. Page 2 June 9, 2003 implementing a Master Drainage Plan and ordinance that serves to assure adequate local facilities. Increasingly stringent urban stormwater runoff regulations have recently mandated the construction of structural Best Management Practices (BMPs), for both volume reduction and pollution management. The District strongly supports the BMPs with the purpose to prevent, reduce, or eliminate mosquito breeding from stormwater management structures. To prevent further construction of the city drainage system that will increase potential mosquito breeding and affect public health, the Coachella Valley Mosquito and Vector Control District is proposing to be involved in the design and implementation of stormwater BMPs for the City of Palm Desert. It is evident that some structures could be improved if vector issues start to be considered prior to construction. The District staff should be directly involved in development and implementation of BMPs for the construction and maintenance of economically efficient, biologically acceptable, and environmentally compatible stormwater management structures. This proactive, rather than reactive approach to the prevention of potential vector problems will ultimately result in cost savings, minimize long term vector production and associated surveillance and control, and ensure compliance with health and safety codes. Additionally, the District is also proposing to increase communication and collaboration between all interested agencies. In general, the District supports the Plan, and takes this opportunity to bring to your attention the necessity of incorporating all the elements in order to insure the public is protected from vectors and nuisance species that can be created by the proposed project. If you have, further questions please feel free to contact me. Sincerely, iff0_4 Donald E. Gomsi, General Manager Cc: Branka B. Lothrop PhD, Vector Ecologist Jim Saulnier, Field Supervisor RECEIVED CITY CLERK'S PALM DESERT. CA OFFICE Palm Desert City Council 2004 JAN -8 PM 5: 19 73-519 Fred Waring Drive Palm Desert, CA 92260 January 9, 2004 Re: General Plan Update N. Highway 111/Alessandro Alley Date of Council Meeting; January 15, 2004 8:30 am Dear Members of the City Council, In November 2003, the PALM DESERT PLANNING COMMISSION approved a plan presented by Philip Drell, Director of Community Development. This plan concerned the city taking residential property for a parking lot for the commercial buildings on Highway 111 across the Alessandro Alley. Although the home owners and property owners would much prefer not losing any of their property to parking lot use, the taking of 25 feet is a compromise most of us could live with. In most cases it saves the structures/homes and takes only backyard footage. Also, this plan leaves most of the residential property with a 20-foot buffer from the future parking lots. Mr. Drell recommended this plan since he said it would be the easiest plan for the city to implement and the most economical. Your support of this recommendation would be appreciated by the property owners whose property is adjacent to the Alessandro Alley. My property, located at 73-341 San Benito Circle has been in limbo since 1985, when the last Community Plan was approved. That plan recommended converting all of the subject R-1 residential properties to a parking lot. For 18 years we have been waiting to see what the city was going to do. We would appreciate a decision, and action in the near future. Please see the enclosed letter to Mr. Drell and the Planning Commission dated January 20, 2003/October 6, 2003, concerning my property. Sincerely yours, Donna Matson 73-341 San Benito Circle, Palm Desert 4418 Avocado Street, Los Angeles cc: Philip Drell Director of Community Planning Philip Drell Director of Community Development City of Palm Desert October 6, 2003 73-510 Fred Waring Drive Palm Desert, CA 92260 January 20, 2003 Dear Mr. Drell,/Commissioners; Thank you for reviewing the status of the revised Community Plan for the City of Palm Desert with me last week. As you know, my property located at 73-341 San Benito Circle has been in limbo since the last community plan was approved in 1985. In that plan my property, which includes a three-bedroom house was being considered to being converted from R-1 to a parking lot to accommodate the commercial shops on Highway 111. I have recently observed that very few vehicles park in the spaces provided behind the shops. Marc's Golf Shop never had more than three cars and that's during January during the week and on the weekend. And since his building is new, and the one next door was just remodeled last year, I believe that additional parking certainly is not going to be needed in the near future. In the past 17 years I have considered selling my property several times but when the interested parties learned of the uncertain future they immediately lost interest. During our conversation on January 17`h, you indicated that the plan at this time recommended not destroying the houses which are adjacent to the alley, but taking some of the footage at the rear of the lots to allow for one or two rows of parking or to leave our property as is. Leaving the property "as is" naturally is what we would hope for. Last year two houses on San Benito Circle were sold. The one at 44-787 sold for $190,000. and the small house 3 lots east of my house sold for more than $200,000. Also, two new houses were built on our circle the year before. One of the main benefits of my property is the large backyard, which would allow for a garage, a swimming pool, or playground equipment. Losing most of my backyard would certainly reduce the value of my property. However, this is better than losing my house. I inherited this property from my Mother in 1977. Now that I am considering retiring, I hope to spend most of the winter in my Palm Desert house. Knowing the final decision of the new Community Plan would be very helpful. Therefore I would appreciate receiving any notices concerning any meetings which would affect the plan and my property. Sincerely yours, Donna Matson (73-341 San Benito Circle, Palm Desert) 4418 Avocado Street, Los Angeles, Ca 90027 (323)466-8601 Daytime Phone E�E1b' CpLMITy LDR>E Et� OFFICE ESE. T. CA 1004 JAM 13 RE: 44 401 Portola Avenue AM 8. 37 Bo i Paul & Barbara W.- l.._ Palm Desert, CA 92260 71 774 Chuckawalla Way APN 627135003-1 Palm Desert, CA 92260 RE: City of Palm Desert January 13, 2004 Public Works Department Portola Avenue from De Anza to Rutledge Way Project Map of 10-17-03 Honorable Mayor and City Council Members City of Palm Desert 73 510 Fred Waring Drive Palm Desert, CA 91160 Dear Honorable Mayor Spiegel and Members of The Council: This letter centers on a certain matter stated in the TN/Palm Desert City Council Comprehensive GP/EIR Staff Report/1. 15.04, page 6. This is an objection to an element under "Portola Avenue Between De Anza and Rutledge. Specifically, objecting to the last sentence in paragraph 3 which states, "The completion of the ultimate cross section including parkways, bike/golf cart lanes, landscape medians and dual left at the intersection will require additional right-of-way expansion on the west side further degrading the residential quality of these parcels". There is no sound reason, need or requirement to expand Portola Avenue on the west side between, at least, De Anza and Waring Drive. Examination of the Portola Avenue map referred to above shows easily that virtually unrestricted widening can be accomplished on the east side of Portola Avenue between De Anza and Waring Drive. The only small consideration being the possible installation of a sound barrier wall of about a 250 foot distance beginning at the north east corner of Santa Rosa Circle and Portola Avenue and extending the stated distance north toward Goleta Avenue. The issue of taking land on the west side of Portola Avenue has previously been directed to City Engineer Greenwood in the attached letter dated November 19, 2003; and the matter has been further addressed to Director Drell in attached letters dated December 2 & 17, 2003. The residence referenced to above and owned by the undersigned is of good value, use, in code compliance and deserving of all due respect as any other residence in good standing as found in City residential zoning. It is asked that the Council, at the hearing of January 15, 2004, take formal action and approve the return of this matter to the appropriate City echelon with the directive that the taking of land on the west side of Portola Avenue between De Anza and Waring , at least, be abandonded and that other measures be sent forward to meet the apparent needs regarding street widening as proposed in the referenced Project Map of October 17, 2003. Respectfully submitted, pouVr` -7 Paul Bowi Barbara W. Bowie attachments RE: 44 401 Portola Avenue Paul Bowie Palm Desert, CA 92260 71 774 Chuckawalla Way APN 627135003-1 Palm Desert, CA 92260 RE: City of Palm Desert November 19, 2003 Public Works Department Portola Avenue from De Anza to Rutledge - Way Project Map of 10-17-03 Mr. Mark Greenwood, P.E. City Engineer City of Palm Desert 73 510 Fred Waring Drive Palm Desert, CA 92260 Dear Mr. Greenwood: As owner of the referenced residence I am seeking information based on the referenced Project Map and the status of the proposed right-of-way which might apply to the west side of Portola Avenue. Specifically: a. What is the stage of implementation for securing this right-of-way? b. What committees/councils have acted in this matter? c. What is the status of property owner notification/input? (The current hearings on street widening and zoning change show that the the above residence and others near by are to retain their res— idential designation) . It seems that the De Anza/Rutledge project introduces a separate issue and conflicts with published materials. The undersigned also wishes to secure data regarding alternative considerations centering on street widening in this area which may be accomplished alternative to the taking of additional land. Of question is why land cannot be taken on the east of Portola which would not impact residences? There is also linkage in this issue relative to street width between El Paseo and Grapevine on the west of Portola which is not fully two lanes and what makes this different in terms of traffic flow relative to De Anza/ Rutledge? The undersigned believes that street engineering other than taking of additional land can be accomplished with satisfaction. Therefore, it is asked that a full complete disclosure of public nature be set forth for evaluation. Sincerely yours, DAVL---,eA/)/-4 Paul Bowi file s1.1c wO1-ih:; •,TV OF P1.L'., p t.Lf.1 • RE: 44 401 Portola Avenue Paul & Barbara W. Bowie Palm Desert, CA 92260 71 774 Chuckawalla Way Palm Desert, CA 92260 December 2, 2003 • Mr. Philip Drell Director of Community Development City of Palm Desert 73 510 Fred Waring Avenue Palm Desert, CA 92260 Dear Mr. Drell: This letter is an objection to the City of Palm Desert General Plan 2000 Preferred Alternative dated September 17, 2003. This objection is filed for the purpose of insuring that ownership and use of the residence referred to above be retained and not lost or diluted due to city action. This asset is a valuable taxed item for the city and is an asset which yields important income to the undersigned. The taking, purchase or rendering of the referenced property to lesser use would substantially destroy the income it now produces. The welfare of the undersigned would be forever reduced. The advantage exercised in the name of the city for the purpose of creating more vehicle traffic in the core of the city is unconscionable. Without doubt, the city has the professional engineering ability and monetary assets available to make street adjustments along this portion of Portola Avenue such as to avert the long history of taking more land. Sincerely yours, Paul Bowi Barbara W. Bowie LETTER TRANSMITTAL ADDENDUM Paul & Barbara W. Bowie 71 774 Chuckawalla Way Palm Desert, CA 92260 December 17, 2003 Mr. Philip Drell Director of Community Development City of Palm Desert 73 510 Fred Waring Avenue Palm Desert, CA 92260 Dear Mr. Drell: This addendum is founded on matters expressed in letters dated November 19th and December 2, 2003, copies of which are attached. It is important that a definitive reply be forwarded regarding the future of the property located at 44 401 Portola Avenue as relates to the possibility of street widening. It is planned that at least two substantial improvements to the property will be implemented in the reasonable future. However, this can take place only with the clear commitment by the City that the property has an unimpeded useful future to the undersigned. Kindly respond to this matter at your most reasonable time. Sincerely yours, ' n 2 - Paul Bowie Barbara W. Bowie THE ROBERT MAYER o CORPORATION r >.< r :C 3rn-rn c rn(? mxs rn max- January 13, 2004 -v m v,d (e? 4 f1-rt CI1 > N m Mayor Robert Spiegel City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260-2578 RE: Comprehensive General Plan Update Dear Mayor Spiegel: After several months of concentrated study, the Comprehensive General Plan update is now before you. The months of hard work by your staff and the community have produced a thoughtful and well-organized document providing the framework for future growth in the City of Palm Desert. All who participated in this exhaustive project should be congratulated for what has been accomplished. With regard to our property at the northeast corner of Country Club and Monterey, we would like to confirm our support of the Planning Commission's recommendation for a "Community Commercial" (C-C) land use. We are in accord with the Planning Commission's belief that a commercial use is the most appropriate land use designation for our property. As you know, we have owned the property for many years. We acquired the property with the intention of it someday being a commercial center and thus, have always believed that a commercial use was the best use for our property. We base this on the following: Need: We estimate the current population within this trade area of Palm Desert to be approximately 36,000 residents. Within the next five years, this number is expected to grow to 46,500 residents, ultimately reaching 50,000 by the end of the decade. These numbers do not include the time-shares or extended stay hotels within the trade area whose numbers exceed 2,000 units. Based upon a ratio of one grocery store required to serve the needs of 4,000 households (or approximately 8,300 residents using 2.07 residents per household from the 2000 Census),we estimate the need for at least six commercial districts within the trade area in the foreseeable future. This formula of one grocery store per 4,000 households is consistent with the City's 1995 General Plan Land Use Map (dated June 22, 1995). The 1995 Land Use Map provides four commercial districts and 660 Newport Center Drive,Suite 1050 Box 8680 Newport Beach,California 92658-8680 (949)759-8091 Mayor Robert Spiegel January 13,2004 Page 2 of 3 when the Ralph's/Rite Aid center at Country Club and Cook and the Von's Pavilions at Bob Hope and Gerald Ford in Rancho Mirage are added in, a total of six commercial districts exist or are proposed within the trade area. When the Marriott Desert Shadows time-share was developed, one of the six commercial districts in the trade area was eliminated. Based upon current trends, we believe that at least one, possibly two, additional commercial districts should be added in order to keep up with growth. The more than 10,000 units in the pre- and active development stage in the cities of Palm Desert and Rancho Mirage will support these additional commercial districts. Our property is the perfect candidate to replace the commercial district lost with the development of the Marriott Desert Shadows thereby maintaining the balance of commercial land use within the trade area. Limited Opportunities: Most successful commercial centers need the benefit of major arterials at signalized intersections to provide for safe turning movements and convenient access to and from the surrounding neighborhoods. Most of the major intersection properties within the trade area are either built-out or committed for other uses. Our property is one of the few undeveloped properties at a major intersection available for consideration as a commercial district within the trade area. Appropriateness of Location: We have planned our property to function adequately as a commercial center since we acquired the property in 1978. It is approximately 8.6 acres and was set aside for future development as a commercial center from the original land purchase of 40.0 acres. The property is sufficient in size to provide adequate leaseable space with sufficient parking all in an architecturally pleasing and well-landscaped center. Our commercial center will generate the necessary traffic warrants justifying the installation of the already funded traffic signal at Via Scena and Country Club. This traffic signal will make movements in and out of our property as well as Plaza de Monterey safer for the public. Complimentary Uses: The Country Club and Monterey intersection is a classic example of where complimentary land uses provide direct benefit to the consumer. There are distinctly different categories in the marketplace today for grocery stores. The new Albertson's in Rancho Mirage serves as the traditional "supermarket" catering to mid-income consumers. The proposed Gelson's at the Plaza de Monterey center(southeast corner)would serve as the "gourmet"market with its class of full-service, high end products catering to the consumer with the upper and highly disposable income. The introduction of a "specialty" market like Wild Oats (Henry's) on our property would compliment the other grocery stores by acting as the "farmers-market", specializing in fruits/vegetables, nuts, vitamins, etc. With these three different types of markets locating at Country Mayor Robert Spiegel January 13,2004 Page 3 of 3 Club and Monterey, consumers will have an array of choices to meet their grocery shopping needs. Today we are not requesting or seeking approval of a specific project. We are however, experiencing a significant amount of interest in our property by commercial developers, many coming to us with the intended user as described above. The eventual approval of a specific project will come in due time and be handled through the normal project review process. At this time, we respectfully request that you endorse the Planning Commission's recommendation of a Community Commercial land use designation for our property as you consider the long-range growth in the City of Palm Desert. Thank you for your consideration on this matter. As always, should you have any questions,please feel free to contact me. Sincerely, The Robert Mayer Corporation r Robe L. ay - Seth. Vice ' sid t cc: Bu . d Crites,Mayor Pro-Tern Jean Benson, Councilmember Richard Kelly, Councilmember Jim Ferguson, Councilmember Carlos Ortega, City Manager Phil Drell, Director of Community Development Mayor Robert Spiegel January 13,2004 Page 4 of 3 bcc: Richard Roemer Bob Mayer Steve Bone Larry Brose MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR A. Case No. PMW 03-11 - DARWIN ALBERT DEASON, Applicant Request for approval of a parcel map waiver to merge Lots 74 and 75 of Tract 25296-1 to accommodate construction of a larger home in the Canyons at Bighorn. Chairperson Campbell indicated that the applicant requested that the item be removed from the agenda and placed on the next agenda on Octobef 7, 2003. Action: No action. VIII. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he, she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. A. Case No. GPA 01-04 - CITY OF PALM DESERT, Applicant CVV Request for consideration of a Comprehensive General Plan Update. Mr. Drell said he would give a short introduction of how they got to this point and then John Criste, the Planning Consultant from Terra Nova, would be proceeding with the presentation. 2 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 At the end of 1999, beginning of 2000, there was a suggestion by a council man that they update the general plan. The last general plan was originally drafted in the year 1980, although it had been amended many times and some specific plans had been done for more detailed analysis of certain areas in the city, the fundamental text still dated back to 1980. He said it fundamentally described a city that no longer existed. Most of the programs in the general plan they had succeeded in implementing, and Palm Desert became the world class resort destination they set out to be in 1980. When it was first suggested that they do a new general plan, his first reaction was, "What's the point?" They looked out and saw a fundamentally vacant area built out from the mountains to Frank Sinatra Drive and it was pretty much anticipated that they would build a couple more country clubs in that vacant area and then there was commercial/ industrial development along the freeway and then they were done. Why go through the mental gymnastics that went into putting a plan like this together when development in the rest of the city was pretty much a foregone conclusion? They eventually admitted it was something they had to do. The City Council put together a hand selected group of local Palm Desert prominent citizens to sit on a General Plan Advisory Committee to be the co-authors of the plan along with city staff and the consultant. The General Plan was made up of a bunch of elements, some which dealt with land use, transportation and parks. Most of the General Plan had elements which dealt with more mundane, but still interesting and important, elements of city policy relative to development of resources, use of resources, environmental hazards, and administration. He said as they got into their second hearing on October 7, they would discover that the GPAC, whenever someone looks at something fresh or with new eyes, they see something they didn't expect. In this case in looking at the vacant area north of Frank Sinatra, they saw different things. One was the new Cal State University campus and the fact that while they were always thinking about that vast open desert that seemed to go on forever when driving north to I- 10, suddenly they realized that we are running up to 1-10. There isn't really that much real estate left before they run into 1-10, which still pretty much dictated commercial/industrial development. Then there was the novel idea of if they should try to balance the commercial development and the university with the appropriate residential land uses to 3 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 try to address the housing needs of those major new sorts of land uses they really hadn't considered before as all that important. The result was some interesting, exciting new ideas. Which when talking about land use they would get into. Those ideas centered around shifting the focus for the city development in the last stage from what had been a resort oriented land use to permanent resident to address the housing needs. He said it turned out as they did the analysis that there were very significant housing needs being generated by the commercial and industrial development on 1-10 and the university, both as an educational institutional in terms of students and as a business in that a state university in itself would be the single biggest business in the valley, the biggest single employer. In terms of payroll, probably the biggest single payroll in the valley. He said there are whole communities around the world that exist just because of their proximity to a university. That really shaped a lot of the discussion. Mr. Drell stated that the other interesting thing about general plans is that they both force the City and give the opportunity to look into the future. While Planning Commission was mainly looking at a development today and how it would be developed in the next six months and their focus was a year or two years at the most or typically even less than that. It was very microscopic in terms of the perception of the future of the city. They look at it in one little increment and one lot developed at a time. What the general plan required the City to do was look 20 years into the future and not simply make decisions of what they think is the most obvious solution given today's market conditions. It forced the city to look at what requirements would be, what needs would be, 20 years from now and try to figure out a way to come up with programs and policies that were still reasonably responsive to the decisions they had to make two weeks from now, but would also provide guidance for how they wanted to end up when done. The challenge, especially here, was that they were dealing with driving uses, meaning the university which they knew would be 20 years from now, but they also knew it was going to take time to get there. It wasn't like approving the mall. They knew the mall was going to get built in 18 months. It was built and was moving. It was the nature of state universities to evolve very slowly. They eventually become the elephant in the china shop, but they started as a baby elephant and very slowly grew. The trick was how to come up with an ultimate urban design for the area around the university which provided property owners with reasonable use of their property in the near 4 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 term, but still guided them in such a way that when all the opportunities of the university and all that commercial manifested itself, which could take a long time, they would have an end result which worked. The goal tonight was to try to deal with the non-development oriented elements. If they could get through all of those tonight, on October 7 they could focus on the more typical ones the commission was familiar with which included land use. And by then they should have more information from the EIR on the circulation model, and Parks and Recreation and Open Space and those sorts of things which were normally the purview of the commission. He said unless there were questions specifically about the process, he would turn it over to Mr. Criste. Commissioner Jonathan commented that he wanted to make it clear to those in attendance that it was their intention to end the meeting at 9:00 p.m. and then continue it to the next meeting on October 7, so if anyone didn't have an opportunity to be heard, they would have another opportunity. He said they agreed as a commission to keep meeting until everyone had an opportunity to be heard and the commission had an opportunity to have their discussion. Procedurally, he understood that they as a commission would be reviewing the Draft Comprehensive General Plan document, listening to input, having discussion and then they would make a recommendation to City Council to spring board their discussion of the matter. Mr. Drell said that was correct. He noted that there was a secondary complication, which was the EIR that had been delayed relative to this document and ultimately they would have to review that document as well and how they timed that review with the main document would be complicated. But there, the EIR's most significant impact would be in the areas of land use and circulation. Commissioner Jonathan asked what the time of expectation was for it. (Mr. Criste spoke from the audience and said that the EIR went to the State Clearinghouse that day so the 45-day comment period would start tomorrow. He said that copies would be delivered to the City the next day.) Mr. Drell said they would be able to begin weaving that information in, especially from the results of the traffic model, at the next meeting. But they wouldn't be a position to act on it until the comment period was up. 5 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 He said that after the meeting he wanted to talk to the commission about some complexities that would come into play at the next meeting relative to certain regular items that would be on the agenda and how they wanted to deal with that since they hadn't been advertised yet. To a certain degree, it might be determined by how much progress the commission made today as to how the commission wanted to divide up the time for the next meeting. Commissioner Tschopp asked if there would be time tonight for public input and comment. Mr. Drell said yes. His suggestion was for them to go through an element, open the public hearing for comment on each element as they complete each element discussion. He thought that was the simplest for people so that they could react immediately to a particular subject. Unless there were other suggestions. Commissioner Jonathan was wondering if Mr. Criste wanted to go through the entire presentation and then go back and look at it element by element. Chairperson Campbell thought it would be fresher in people's minds to do it element by element. Commissioner Tschopp noted that there were numerous individuals in the audience who have questions, comments and / or concerns about specific pieces of land and if he read the staff report correctly, the commission would not be getting into that until the next meeting. Mr. Drell said that if they wanted to make their comments now, maybe they could wait until the end and hopefully have a comment period at the end of today's meeting. Commissioner Jonathan asked how long the presentation was from Mr. Criste. Mr. Criste said that the elements they were going to be talking about were more informational in nature and didn't lend themselves to a lot of discussion or debate, so they could move relatively quickly through them. It wasn't their intent to go through each and every policy and program, he didn't think that was necessary. So he thought in an hour and a half they could go through the elements as well as have time for comments. He didn't expect a lot of comment from the public on these matters because they would cover environmental resources and environmental hazards. He thought perhaps public services and facilities would prompt more comment than the others. Commissioner Jonathan said he thought that the public might benefit from hearing Mr. Criste's presentation and if he could keep that to an hour or hour 6 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 and 15 minutes, then they would still have time to open it up to the public. He thought the public would benefit as much as the commission would before getting into discussion. Chairperson Campbell thought they should go element by element and let people speak and ask questions while it was fresh in their minds. If they finished all of the elements for this evening and had an hour and a half left over, all the people here for the land use could go ahead and speak and give their recommendations but with the knowledge that it would be covered at the next meeting and they could attend the next meeting or the commission would have heard their comments this evening. Commissioner Lopez agreed with the process of going through the elements and giving the public the opportunity to comment on those particular elements. He asked if Mr. Criste would give a general overview first or go straight to the elements. MR. JOHN CRISTE, Terra Nova Planning & Research in Palm Springs, said he would give a very brief general overview so they could see how they approached putting it together. For well over two years they had been working with the City staff hand in glove and the General Plan Advisory Committee to prepare the document. They initiated the work by employing a team of consultants, archaeologists, biologists, traffic engineers, air quality specialists, noise specialists, and preparing background information and conducting technical studies of different areas. Then they prepared elements for the General Plan and as the staff report pointed out, they had essentially five core chapters in the General Plan: Community Development, Environmental Resources, Environmental Hazards, Public Services and Facilities, and Administration. He said there was also an introduction to the General Plan which was a useful overview of the plan. Tonight they were going to focus on the Environmental Resources, Environmental Hazards and Public Services and Facilities. They would go through them element by element in the order in the General Plan. He said they would start on page IV-1 . He said they had their archeologist conduct a very thorough literature search and do what they sometimes called a windshield survey, but an extensive survey of records from the City and other sources. They looked at the cultural resources that occurred in the city that were both prehistoric and resources that he called the European settlement of the Coachella Valley and the Palm Desert area. The element 7 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 provided background discussion in that regard to the prehistoric first and focused primarily on the Cahuilla Indian tribes that have been here for at least 2,000 or 3,000 years. They talked about that culture and its role in the Coachella Valley prior to and after European settlement. Other areas they focused on had to do with major kinds of activities that were historically significant to the development of the region. That included the building of the railroad in the 1850's, the building of the Colorado River aqueduct in the earlier part of the 20th century, as well as other kinds of development and settlement of the core part of the city itself. When that occurred, major routes like Highway 111 which dated back to an old Indian trail called the Maricopa Trail which later became the Bradshaw Trail, was very important to folks trying to get out to the gold mines along the Colorado River. So our history wasn't really a matter of when the first houses were built on Highway 111, but the history followed the American Indian use of the region. They tried to show that there is a connectivity between prehistory and what they have in the 21st Century now occurring in the Palm Desert area and the Coachella Valley overall. They talked about the prehistoric period, the historic period and right into the 20th century including the major transportation including the ocean to ocean highway that was on the north side of the planning area which was replaced by Interstate 10. In the last part they talked about the founding of the city and how some of the most important early development occurred in the 1940's right around and after World War II and some of their founding fathers, including the Hendersons and other folks involved in the development of the early community. The element then briefly summarized the sensitivity maps that are included in the General Plan. They were meant to alert staff and the general public to areas where the likelihood of encountering either prehistoric or historic resources occurred. For the sake of protecting those resources, they had not mapped them explicitly, they were available to staff and experts, but they were used primarily to help developers know that they might be encountering resources in the course of developing a given site. 8 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 The element included a discussion of historic preservation programs including federal and city programs. He noted that the City has been very actively engaged in what they sometimes referred to as Arts and Culture, but the historic preservation of the community. The next part was a discussion of future directions and how they were going to continue to grow the city or redevelop the city and what kinds of issues needed to be kept in mind when those activities were taking place. Then there were goals, policies and programs beginning on page IV- 12. The primary goal of the whole exercise was the documentation, maintenance, preservation and enhancement of archaeological and historic sites, artifacts, traditions and other elements of the city's cultural heritage. He noted that the General Plan Advisory Committee (GPAC) reviewed these in detail and they also reviewed this with one of the other city's commissions and this was the product of several reviews and discussions. He asked for any questions regarding the Archaeological and Cultural Resources Element. Commissioner Lopez said he found the history fascinating. He asked if they should have a motion of acceptance or how they wanted to proceed. Mr. Criste said they should give the public an opportunity to speak. Chairperson Campbell opened the public hearing and asked for any comments. She noted that she had some Request to Speak cards and asked if Mr. Patrick Pratt was interested in speaking regarding this element. He said no. Chairperson Campbell asked if Mr. Tom Noble was interested in speaking on this element. He also said no. There were no public comments on this element. Mr. Criste explained that the next element in that chapter was Biological Resources. He noted that Palm Desert has been a leader in resolving the conflicts that sometimes arise between urban development and protection of biological resources. Their consultants in this case were Dr. Lawrence Lepre and his team who had almost 30 years of experience in the Coachella Valley. They had a very thorough assessment conducted and also benefited from a lot of work 9 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 that had been going on over the last few years in the development of the Coachella Valley Multiple Species Habitat Conservation Plan which was very near completion. They hoped to see it available for public review in the next few weeks to a month. In that discussion he said they spoke in detail trying to give the city officials and staff a good background on the environmental setting, the biological resources that occur in the Coachella Valley and in the planning area and why they were important and what to look out for in different areas. They spoke to issues like the desert biome and the relationship of clients to habitat, how topography shaped the kinds of habitats we have and the effects they have on the kinds of wildlife that exist in these areas. They discussed the natural communities including the sand fields. On display was an exhibit, one of the many included in the element. It showed the distribution of certain wildlife species in the southern portion of the planning area. It showed the occurrence of bighorn sheep. So they could see that Peninsular Bighorn Sheep were a major biological resource that Palm Desert and other cities in the cove communities especially have had to work around, manage and try not to impact significantly. Another was the Coachella Valley Fringe-Toed Lizard which extended from the Whitewater River north into the other sand fields. But they also talked about other areas like the alluvial fans that wash out of the mountains and the sandy washes. Part of the planning area north of 1-10 also included palm oases that were created by the diking of ground water where the faults prevented ground water from migrating and created a whole unique habitat there, the California fan palm community. He said they added some graphics to enhance the reader's appreciation for the biological resources in the community. They could see the mapping of the various resources that were based upon original research they conducted, as well as research by those preparing the multi species habitat plan. He pointed out the comprehensive listing of resources including their status. He explained that both the state and federal governments have endangered species acts and many of the species were classified as threatened and endangered species. 10 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 They also spoke to the relationship of urbanization to biological resources and the impacts that occur, the lizard and the sheep probably being the most well known in terms of potential conflicts that arise. Then the element spoke to the future direction to take and recommended for future councils and planning commissions to take in terms of protecting these resources for future generations. The next portion was the goals. The protection and preservation of the planning area and regional biological resources including rare, threatened and endangered. Also to cultivate a pattern of community development that comprised both a functional and harmonious relationship with nature and the built environment. He said they would see throughout the General Plan the philosophic perspective that sensitive development could occur in a fashion that did not have to degrade the environment or preclude the persistence of sensitive biological resources. Also, that these biological resources are capital resources. Some cities like Rancho Mirage adopted the bighorn as their icon and a lot of folks were attracted to the region because of the wild lands and the resources we have. So both in this element and elsewhere in the General Plan they could see those policies and programs reflecting that philosophy. He asked for any questions. As they looked at the goals and subsequent policies and programs, Commissioner Lopez noted that there was a lot of action that was outlined to be taken by staff and by the City. He asked if Mr. Criste had incorporated a time line for them or how they were to progress on those particular items. Mr. Criste explained that each of the programs had a schedule to them. Some of them were ongoing types of activities where staff would take an application across the counter and would be implementing them just in the course of doing project processing. Others had to do with the City's participation in regional government where CVAG is taking a lead, such as the institution of the multiple species plan. He stated that Palm Desert has been a leader in things like resolving the conflicts between trail use and bighorn habitat. He asked if Mr. Drell would like to speak to that question as well. 11 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 Mr. Drell asked if he had a specific question relative to trail use, design or recreation. Commissioner Lopez said no. As an example, he read the part where it said that the City would coordinate with local research institutions and conservancy groups and that was part of one program. He asked if that was something that was currently being done or would be initiated. Mr. Drell said that was something they already do on an ongoing basis. Commissioner Lopez asked for and received confirmation that a lot of the parts of these programs were currently under way. Chairperson Campbell asked if anyone wished to speak regarding this element. There was no one. Commissioner Jonathan asked if within the areas remaining to be developed within the city borders, if there were any significant areas that would be prevented from development due to environmental or ecological concerns. Mr. Criste said no. Most of the resources of concern where there were lands available for development were primarily north of Interstate 10. Even the Crest project which the commission approved earlier this year, although it occurred within designated habitat for the bighorn, they were able to put together a mitigation program that addressed the concerns of the resource agencies. That was pretty much the extent of what was still available for development in that area. North of 1-10 they have the sand habitats that are very sensitive and a key part of the Multi Species Plan. There were also other activities which would probably preclude development in a lot of that area such as flood control and expansion of the preserve. Those sorts of things. But south of Interstate 10, no. He noted that the Multi Species Plan was evaluating an alternative that would look at the preservation of sand dune habitat south of 1-10, but it was an alternative for the sake of review far from the preferred alternative. With regard to the areas north of 1-10 and the potential annexation or expansion of city lines to that area, Commissioner Jonathan asked if that was addressed in the report or considered in the analysis. Mr. Criste asked if he meant from a biological resources point of view. 12 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 Commissioner Jonathan said yes, in addition to the overall General Plan. Mr. Criste said yes, it was considered. Mr. Drell indicated that it was a problem that the County ran into extensively in the County General Plan because where most of the multiple species preserves are located is a very delicate problem to reconcile land use regulations on private property relative to preserves in terms of how they were designated. The solution in the County General Plan was basically to have an overlay, but all County lands and private property were designated a use. Then there were the discussions of the future of preserves and the multi species plan was a layer above, but not necessarily in contact with the layer below mainly for the very problem of confronting the issue of taking someone's private property and saying it's going to be preserve for the milk vetch. It would be an ongoing negotiation with property owners as to how to implement these biological preserves. Starting on page IV-38 of the General Plan, Mr. Criste said this was a very key element, the Water Resources Element. Over the years they have done a lot of work with and for the Coachella Valley Water District, which adopted a water management plan for a management area in which Palm Desert is located and served. They spent a lot of time with district staff going over this and with others. He pointed out the standard discussion of background information was next and it talked about the water basins that serve the planning area. It was primarily the Whitewater sub basin where the potable water was that serves the city and the planning area. In the north end there is the Desert Hot Springs sub area north of the faults. He said the faults in that area enhanced the amount of mineral deposits in those waters, so water north of the San Andreas fault zone was generally not potable. Folks in the Sky Valley portion of the planning area had to have water brought in south of the fault and generally south of Desert Hot Springs where CVWD had well fields and brought the water over. He said that Palm Desert is centrally located right over the prime location of the Whitewater sub basin which is a very large aquifer, high quality water and was also downstream of the recharge facilities that were constructed 25 years ago or more by CVWD between 1-10 and Highway 111 as they are leaving the valley. 13 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 They discussed that in the element and the other sub basins that occur in the area including the Mission Creek sub basin and the Thousand Palms sub area. They provided data on the approximate water and storage in those areas. Then they discussed demand for ground water and the condition of the sub basin in terms of its over draft status. He noted that there is an annual overdraft. That meant that the amount of water brought out of the basin was greater then the amount of water going into the basin. That had two effects he said were important. The first was that it reduced the net amount of water at least in the first 1,000 feet of water bearing material. That effect was as they lower the water table, they increase energy costs associated with drawing the water up from a lower level. The other, which had really become better understood only in the last five to ten years was that it wasn't really intuitive, but the soils have been deposited here over millions of years and the water bearing materials were miles thick in some parts of the Coachella Valley. If they looked at the soil column, it was made up of not only particles but water molecules as well. When they remove the water from pumping it out, they leave spaces where water used to be and the overburden of the soils and rock on top of that start to compress the water bearing soils. The effects were twofold. One is that compression is a permanent effect so the "sponge" is permanently compressed to some degree and its ability to store water was effected by this draw down. The other is the changed surface elevation by virtue of this in some places and they have subsidence. They identified subsidence in a couple of locations in the valley, including along Monterey Avenue and the Monterey Country Club area, but also in La Quinta and elsewhere. It was becoming a much more broad problem. He said they talked about that in greater length in the Geotechnical Element. He said they have quite a discussion about fresh water and storage, the rate of overdraft as it was calculated just a couple of years ago. He stated that the method of how to calculate overdraft was changing 14 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 yet again and they would probably need to revisit this issue in a few years and suggest some minor modifications to the element. In the element they talked about the replenishment program and the use of the Whitewater basins to recharge the ground water. Mr. Criste indicated that water came from the Colorado River from the Parker area. Then they also had water resources that were now trying to be brought to the valley through the quantification agreement which was part of the deal between IID and San Diego for some of the agriculture water to go to urban uses and we would gain another 100,000 acre feet which would benefit primarily the lower valley, but would have an indirect effect on Palm Desert as well. The Byzantine water agreements dating back to the early part of the 20th Century were discussed briefly and probably had something to do with the difficulty they've had in working out the final agreement on the quantification deal. He said another important thing that happened in the last 10 to 15 years was the Coachella Valley Water District especially, but also Desert Water, who have been leaders in the use of tertiary treated water. That was water that has gone through a third stage of treatment. He noted that Palm Desert has been a leader in the use of tertiary treated water for golf courses and those kinds of uses where it was permitted. He thought they would probably see an expansion of that. The Water District intended to continue to expand the use of tertiary treated water. Water quality issues were discussed in the element and some of the sources of various water and their quality, as was water regulation. New programs were in effect for the last 10 years or so about controlling urban runoff from parking lots and improved areas where they could scrub those before they had a chance to percolate into the groundwater. The next part was on the water conservation program. Mr. Criste noted that Palm Desert has been a leader in, especially in municipal landscaping and in other areas to enhance wise water use and try to get more out of each drop of our precious ground water. 15 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 He said that was really where the future direction issues were in the element. Participating with regional government and with the Water District directly to be sure we have water for future generations in the valley and in the community. The primary goal was a dependable supply of safe, high quality domestic water to meet the needs of all segments of the community. Then they had a series of policies and programs to achieve that goal. He asked for any questions. Commissioner Tschopp said that given we have a small impact on air and water quality here, what we get is from people down valley from us and up valley who have a bigger impact. He asked what Mr. Criste would surmise would be the effect on us and on the implementation of this plan from water and air quality. On the city of Palm Desert, Mr. Criste said it would be a cumulative effect. He noted that golf course users demanded quite a bit of water, so they had an opportunity to have a significant cumulative effect on the amount of water. The issue of subsidence was a relatively local issue. When they pump water, generally they are pumping water from within the planning area or within the vicinity in order to serve the city's needs. When they pump water from the ground water, it created a cone of depression which was an inverted cone. So as they go down toward the bottom they got closer to where water was coming into the well casing. Up toward the top they have a spread. This area where they have this spread out of the water table is where they could have subsidence occur. So if for no other reason than to protect our ability to store water in our portion of the aquifer and also to address the subsidence issue, that was a direct positive effect from conservation. Mr. Drell said that currently some 70% of the water used in the Coachella Valley is used in either landscaping or agriculture. Even when the agriculture goes away, he thought that number was very similar for the whole Southern California region in completely developed areas. When they think of water, they think of drinking and flushing toilets. Those things were relatively minor. Water directly consumed by human beings was not the primary source of the overdraft. He noted that Mr. Criste mentioned two impacts of overdraft which 16 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 are compression and subsidence. The more long-term significant impact was running out of water. Having no more water left. He stated that the water in the aquifer was basically prehistoric. It is the remains of a huge lake that filled this valley 1,000 years ago. Because of climate change that occurred 700-800 years ago, all the surface water evaporated and disappeared and they were still dealing with the lake that is still left underground. Under natural conditions, based on our use of the water, there was not really a significant amount of new water going into the basin. Therefore, in the future if there isn't a likelihood of a climate change, they would start to get water back in. So we are mining no different from a coal mine or gold mine. Eventually if they mine it and don't figure out a way to put water back or at least keep it at a stable level, they would mine out the resource and it will be gone and it would not be able to be replenished. That was one of the fundamental issues in resource conservation. While there might be technological fixes in the future to get more energy from the sun and everywhere else, in most cases most of the aquifers that serve most of the arid west is this prehistoric water that was left over from a period 1,000 years ago when it was a lot wetter. We have been living on it and the biggest hazard of living on it and not figuring out a way to conserve it, it would be gone. He didn't think anyone had considered how or even thought about what we will do when it is gone. He said we are on the consumption side. On the local level we regulate consumption by our policies, whether they be landscaping or land use. He said the demand for housing was kind of related to other things. As we economically develop, people would come here to live. They had to live somewhere. Very simply, the more landscaping they had to maintain, whether it was drought tolerant or not, the more water consumption per household occurs with the substantial portion of that watering the ground and the bougainvillea, the mesquites, olive trees or orange trees. So that ended up relating to land use and the efficiency of how we allocate and conserve all the resources in the valley as growth occurs to make sure that growth is balanced with the resources we have, whether it's the road system, or the air, or the amount of water. Eventually, since we regulate consumption in the city, how we organize our activities has a direct bearing on whether that aquifer goes empty or not. 17 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 Commissioner Jonathan said that what Mr. Drell was telling them, and he concurred, is that there is a finite supply of water. What Mr. Criste was telling them is that we are in an annual deficit mode, an over draft, so we are depleting that finite limit annually. He said there might be other sources in addition to replenishment of the aquifer such as drawing through agreements with other agencies and getting water from elsewhere, but it seemed like some of that was a stop gap so that eventually we would run out. He said they got a taste of that this last summer when some golf courses were not supplied water and they had to go to other sources or cut back. We have experienced water rationing in various communities including ours, so we have gotten a taste of that. His question to him was if any community, including Palm Desert, ever looked at what that finite supply is and said we can't develop any more because we don't have water to supply to this community, or more sanely, we need to develop in a certain direction because if we develop in this other direction, we will run out in 10 years, 20 years or sometime because we simply don't have enough to accommodate Type A development so they needed to go in the direction of Type B. He asked if any communities had ever gone through that process and if Palm Desert would do so now or in the future. Mr. Criste said the answer to both questions was yes. Although they were somewhat advantaged, the city of Santa Barbara is a good example. They had draconian measures which were essentially for growth control because they didn't want to participate in the state water project. They did that purposefully. They felt this was a way of controlling the quality of life in the community and not allow sprawl to continue. He said there have been communities, primarily in the Midwest, that were no more almost because agriculture had drained the ground water resource so thoroughly. He noted this wasn't an uncommon predicament. History showed over a millennium that Rome and lots of other cities that tapped ground water were effectively able to bring about their own demise or certainly the shrinkage of their size by virtue of that. Commissioner Jonathan noted that some were not by choice. Mr. Criste agreed some weren't by choice. 18 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 Commissioner Jonathan said that for a lack of planning, these cities, whether it was Rome or cities in the Midwest, they met their demise not by choice, but because of a lack of planning. Mr. Criste concurred. He said that the water management plan that 9 CVWD has developed had what he thought were modest goals in terms of conservation. As Mr. Drell pointed out, the use of non human consumption of water was the lion's share of the consumption of potable water in our region. Another is that there is a direct relationship between residential density and the per capita use of water. Apartment complexes with higher density were substantially more efficient on a per capita basis then single family homes of 8,000 to 10,000 square foot lots. Commissioner Jonathan asked if that was because of the landscaping. Mr. Criste said it was because of landscaping, swimming pools, sometimes larger family size, but it was primarily a function of landscaping and those kinds of non consumptive uses. Commissioner Jonathan asked how that compared to commercial development. Mr. Criste said that commercial development was a relatively modest user. It depended on the type. Restaurants were higher, but if they thought about a retail center, there wasn't a lot of water consumption other than for landscaping, restrooms and maintenance primarily. There was a land use component to it, but there was also having one's cake and eating it too. That was where they sometimes looked at these as problems rather than opportunities. A parallel is they look at energy as though there is an energy problem. We don't have an energy problem, we have an energy opportunity. For instance, if they were to take the opportunity to conserve energy with the available technology, the amount of jobs and domestic economic, real economic production that could result from that was stupendous as opposed to exporting dollars to buy petroleum. The same sort of thing would happen in the Coachella Valley and elsewhere as water conservation technology becomes more integral to development as it has already to agriculture. Whole businesses have been 19 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 revolutionized because they brought domestic technology to the same level of production, but with a tremendous savings and water use. Commissioner Jonathan asked if the Draft General Plan, or if Mr. Criste's analysis determined whether we are at a point where we need to take draconian measures like the City of Santa Barbara and say we have to stop development now or in the next ten years because we're going to run out of water. Or if it at a minimum looked at the water depletion, the over draft, and say this is a more effective way to proceed with developing the currently undeveloped portions of the city in terms of the water usage. Mr. Criste thought it was the latter. Commissioner Jonathan asked if the plan looked at that and if they would be hearing about that. Mr. Criste said that the plan very much directed them to participate with our other users and our service providers. Just like air quality and water resources, it knows no boundaries really. They encourage through the policies and programs that we work with CVWD, Desert Water and our neighbors. He noted that CVWD has implemented a region wide water conservation programs related to landscaping. We have role to play, but it isn't just our city that will be able to solve the problem. Regarding commercial development, Mr. Drell said that part of the exercise of looking 20 years into the future was looking under the surface, not just at what is the most obvious impact of a particular action, but at the secondary, etc., ones. A fundamental starting point of the GPAC's discussion on land use wasn't the normal one. They looked at commercial development and the impact. He said that commercial development is what drives almost everything else in the city in terms of land use. Commercial development generates jobs, jobs generate a demand for housing, and then they were back at residential and said it's the landscaping of residences that demands most of the water. He said there is some conclusion that if housing demands most of the water and industry doesn't, they should have more commercial use. But again, there was a connection between residential and commercial. They are like Siamese twins and he thought we'd ignored that to a certain degree. We've looked at them as contradictory land uses that we have to 20 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 protect from each other. That has been our emphasis, land use compatibility when in fact they are Siamese twins. The people who work in commercial development, industry and offices have to live somewhere. The curiosity is when they start looking at the difference between traditional industry and the tourist industry and their relationship to housing. In terms of filling up resort housing, our market is the whole world and the economy of the whole world. In terms of our local housing market which is permanent resident housing, there is a very intimate relationship between the production of local jobs and the demand for resident housing. Those are inextricably related. Therefore, economic development, even though the factory may not demand any water other than employees flushing a toilet, could create a huge demand for water indirectly depending on how these people are housed and how we have used the land to house them. Mr. Criste stated that the next element showed that same kind of parallel. Commissioner Lopez said that 20 years ago when he first came out here as a new resident, they would assume that anyone that had four to six inches of rain a year had to be an expert on how to conserve water. They talked philosophically how some of this is based on some philosophical views. He thought what they have seen, and that most of the residents would agree, is that philosophically over the years we have taken our eye off that ball and allowed places to be built or developments to come through. Using the Desert Springs Resort as an example, there is a golf course with a lot of greenery, Monterey Country Club and the Lakes. Now all of a sudden there is a need to really conserve water and they get back to looking like the Arizona desert with landscaping that is more hospitable to conserve water. He really wanted to make sure that staff always, and they need to keep it at the forefront in the next 20 years, not take their eye off the ball again. He thought these policies, procedures and programs helped to do that. But he knew they needed to do better conserving the water. He thought the use of tertiary water should be looked at. He knew it was available to many golf courses and some chose not to use it because it effected the cost of their operation in replacing certain items. They needed to watch the technology of how to deal with that particular type of water usage. Chairperson Campbell asked if anyone wished to speak regarding this element. There was no one. 21 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 Mr. Criste stated that consistent with that discussion, but having different characteristics, was the Air Quality Element. He noted that we are a highly regulated environment at this point and had been for the last 15 years. This element focused on two big issues effecting Coachella Valley air quality. That was small particulate matter sometimes called PM10, ten micron or smaller. There was also ozone which we largely import into the valley from air basins to the west. The discussion provided some background information and talked about the regulatory environment that we are subject to and have to operate in, both essentially as a cascade of federal down to state and regional regulation. Then they spoke to the two primary pollutants of concern, PM10 and the ozone and cited the state and federal standards. He said they also tried to give the reader an understanding of the relationship between the climate in the valley and how we got the pollutant levels. Then they described the current circumstances and some of the history with regard to PM10 and ozone. On PM10, he noted that we have been struggling for years to be found to be an attainment area, a term used under the Clean Air Act. He said we have gotten close a couple of times, but to some extent we are victims of our own success. The development we've had, the site disturbance, the increases in traffic and all those things compounded the generation of PM10. He said we are and have been instituting more and more strict measures to try to control that as described in the element. Ozone heretofore had been pretty much an imported problem, but we are starting to create our own ozone issues. So our efforts with Sunline and the City's other efforts to try to bring other fuels primarily associated with automobile traffic or other means of moving vehicles would be important in addressing our contribution to ozone. Then they briefly discussed other pollutants like carbon monoxide and nitric oxides. Then the City's fugitive dust control ordinance which has been pretty effective with few well publicized examples that were very much associated with our wind regime. In the Geotechnical Element there is an exhibit that showed the wind hazard area. The dunes we 22 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 have are a direct artifact not only of the highly erosive processes we have in the desert, but the tremendous power of the wind to take particulate matter, lift it and transport it. We have a natural environment much like the drought condition that we have to work within and try to manage the way we do things to limit those impacts. Those spoke about alternative energy as a means of addressing some of those issues. They described some of the air quality monitoring stations that South Coast Air Quality Management District has and then they also spoke to the sensitive receptors in the valley. He said we have a higher than average age in our community, as well as Rancho Mirage and Indian Wells. The average household is older. Older folks and young children were particularly susceptible to these pollutants. That was another important driver from an economic view as well as a human health point of view to address this issue. The next part was the future directions. He said it was very much an act locally but think globally sort of mandate. CVAG was listed as the regional coordinator for these measures and they needed to continue to work on doing what they do in a more thoughtful manner to try to control these emissions. He said there was one single primary goal for air quality which was the preservation and enhancement of local and regional air quality for the protection of the health and welfare of the community. He thought the welfare of the community was broad. It was not only health, but economic. It was even the lasting material wealth and well being of our community. He said there were full sets of policies and programs that attempted to address those issues. He asked for any questions. Mr. Drell said he had another comment relating air quality to land use like he did water to land use. He said it related to the same question about commercial development and the relationship between commercial development and residential development. For every trip origin there is a destination. So while they are often focusing when they think of development and controlling development, most ordinances have controlled residential development thinking if they somehow controlled where people live and don't let them live anywhere, they will control growth and control water consumption and control all of the associated negative impacts to growth. 23 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 The problem was when they have all the destinations, they still get all the traffic and the automobile trips into the city. Then all the associated impacts of them. For every origin is a destination. One of the issues that GPAC grappled with was that purely by the city's geography being in the center of the valley, we will always be one of the prime destinations of trips. Therefore, how we organize that relationship between origins and destinations, origins meaning homes and destinations meaning places of work and places where people shop. That would have an ultimate impact on air quality because it would determine not just how many trips people make and what mode of travel they use, but how long those trips would be. Whether a short trip of two blocks or a mile or a trip of 25 miles. That would ultimately have a profound impact on the city's air quality when we are all done. Air quality was one of those impacts that change very very slowly and almost imperceptibly. Once a land use structure was created which was not conducive to protecting air quality, it was very hard to go back and change it and correct that problem. As they are facing in Los Angeles. All the alternatives that might be used to change things were pretty much precluded by an established land use pattern. Commissioner Jonathan asked Mr. Criste if we would expect high density residential to generate a greater adverse impact on the ozone layer. They were looking at more traffic and more car trips with higher density residential than commercial. Mr. Drell said that for every trip there is a destination. Commissioner Jonathan said he understood that. Mr. Drell said that if we have the bulk of the destinations, the trips, whether they originate here or not, a great number of them would end up here. He said it was a very complicated interaction, but it was not as simple. When they think of a trip as an origin and a destination, sometimes they ended up with surprising conclusions of how they then organize them in relationship to each other. Commissioner Jonathan said he heard what he was saying and said it was a cogent point, but he didn't know whether it was a case of the chicken or the egg coming first. Most restaurants and most retailers didn't follow the philosophy of build it and they shall come. They didn't put up a store and say eventually people will come because we are here and because we are creating employment. Some commercial came into existence because the population has reached its saturation point. It could be argued that the increase in population is what drives commercial development versus commercial driving additional residential. He thought at the end of the day it 24 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 was a symbiotic relationship and they both impact each other regardless of whether the chicken or egg comes first. To avoid adverse impacts on pollution or water usage, they stop development. That wasn't going to happen. So the question was if there is a big difference between the two. Mr. Drell thought he would see that when they get to looking at the traffic model and how the traffic model analyzes the various alternatives given the Y fact that the traffic model was not really designed to do that. It was designed to study macro events throughout the valley, but it did show some interesting, surprising correlations relative to how they organize origins and destinations relative to both total trips and length of trips. The longer the trip is, the more pollution that would occur. A two-block trip, although cold starts are still an important problem and generate more pollution per mile than a 30-mile trip, but still in total a 30-mile trip would generate more pollution. More importantly, certain land uses absolutely preclude alternative ways of transporting yourself around in terms of how they arrange them. He said he grew up in L.A. and they would never be able to have a good bus system in L.A. no matter how much money they poured into it because the land use made it inefficient to try to transport people that way. He said this also went back to the question of us having plenty of water today and maybe having plenty of water for 20 years. Our transportation works fine now and it might even work in 20 years. When they start asking the question of how it would work in maybe 50 years, hopefully our time horizon went even further than the 20 years. That's when they start carrying everything out to its logical conclusion and saying, okay, are we painting ourselves into a corner. Mr. Criste stated that next week when they talk about the land use and traffic they could elaborate on that discussion. It was a very important discussion regionally. Chairperson Campbell asked if anyone wished to speak regarding this element. MR. TOM NOBLE, 42-620 Caroline Court in Palm Desert, addressed the commission. He said he hadn't really intended to comment on these elements, and he wasn't sure he fully understood what was happening, but it seemed to him on the water issues and the air quality issues that there are very adept agencies in the valley now handling those. It seemed to him the approach for the City would be 25 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 to state a policy encouraging conservation, encouraging high air quality, and then basically get out of the way and let CVWD and CVAG go ahead with their policies which he thought were highly effective. He agreed with Mr. Criste that CVAG's approach requiring a certain amount of desert scape in landscaping was minimal, but he thought they had greater plans for higher levels of conservation in the future. He said he would hate to see the City conflicting with CVWD in that case and with CVAG on air quality issues. They were all looking for the same result and he thought they could end up interfering with one another. MS. LOUISE KERMODE, 38-731 Desert Mirage Drive, addressed the commission. She didn't understand if we are over drafting the water now and they were planning on all this building, where the water would come from. It didn't make any sense to her. She said she would like a little better explanation of where they were going to fill in for all the over drafted water. Mr. Drell said that was the $64,000 question. The energy issue received a lot more attention because we are confronted more immediately by it. It went back to our time horizon and we have an immediate experience with that with electricity going out. The water issue was absolutely fundamental and it wasn't just fundamental in the Coachella Valley, it was fundamental throughout the arid western United States which to a certain degree to a more or lessor degree were in the same predicament. We are living on prehistoric water predominately. On the other hand, people still have children, immigrants still flood into this part of the country, both from outside the country and from the east. Despite all the people ragging about California, people are still coming and we still have a very strong effort to develop our economy and our economy requires people to work and it attracted employees. Did the element deal with it adequately? No. But they would be talking about ways to at least make it better given the constraints and the inevitability of population growth and growth in our economy which we actively promote. They're talking about developing jobs, increasing city and public revenues, and what that does. Economic development did that. But economic development and population growth and development were inextricably intertwined. It is difficult to deal with this absolutely fundamental problem without starting to take those all apart. But there were ways in terms 26 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 of water and air where they could surely try to consume less at the very least. He hoped they would get to a position to create a balance. Commissioner Jonathan informed Ms. Kermode that he also shared that concern and thought they all did. He thought they needed to stay tuned to this process because in his mind natural resources are needed. Needed by human beings and businesses. They need energy and water. Both of those did have somewhat of a fine limit, certainly water. Part of what the commission would do was look to the next 20 years and/or 50 years and they had to take that into consideration. He didn't think they were at an extreme point where they stop everything, but they needed to understand where they are in that process since they were already in a negative position with regard to water and not proceed with this plan without having a better, more tangible understanding of what that limit is and where they are heading. He was sure they would hear more about that as this discussion proceeded. To Mr. Noble's comments, Commissioner Lopez commented that there are elements and policies in the General Plan that incorporate the coordination between CVWD and CVAG to help drive a lot of these points within the plan. But they did always want to keep it foremost. By having this element in the plan, it assured that they weren't taking their eyes off of the ball, primarily those two areas of water usage and air quality as it pertains to the development of our community in the future. Not just Palm Desert, but the Coachella Valley. Mr. Drell noted that CVWD has water conservation formulas for landscaping. He thought they might be following Palm Desert's formula. Upon an understanding that their standards allowed them to grow alfalfa, we came up with far more stringent standards that said they could only grow alfalfa on a third of someone's property, not all of it. It created great consternation in the landscape community and it took them a while to adjust. The City has often led the way and other agencies have followed and this was the case with water. Mr. Criste stated that another resource element was the Energy and Mineral Resources Element starting on page IV-63 of the General Plan. They provided background information. With regard to mineral resources, he said they were largely limited to sand and gravel resources which were not uncommon and were important to the 27 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 construction industry and associated industries. They talked about the classification of those. He commented that one of the more important aspects of this element had to do with energy resources. He noted that in the Coachella Valley we are blessed with tremendous energy resources in the Coachella Valley, not only tremendous wind resources, but in the south end of the valley we have tremendous geothermal resources where a lot of electricity is generated. There were also great opportunities for solar energy. pp So they pointed out those issues. He referred to an exhibit in the element that maps the mineral resources that they know to occur in the planning area primarily north of I-10 and one pocket immediately west of Rio Del Sol in the Rancho Mirage sphere of influence. The next part spoke to electrical power services and what limited control we have over our own destiny there. He said there were some efforts by the City to gain a little more control, at least in terms of pricing of electric power. The generation of power was very much an economics driven matter and one of both values as well as concerns for air quality and other environmental issues. He said the regulatory issues discussed the service providers, both Edison and IID were discussed in the element. Then they also spoke to natural gas and those services. Also local renewable energy resources that he just mentioned and efforts of Sunline to take advantage of emerging technologies like fuel cells, hydrogen technologies and those sorts of things. Some of the programs Sunline and College of the Desert have been involved in. Before Peter Wilson left, he had spoken about the Cal State University being interested in pursuing those same sorts of issues. They had a discussion of future directions and the primary goal is efficient, sustainable and environmentally appropriate use and management of energy and mineral resources, insuring their long- term availability and affordability. Then they had policies and programs addressing that. It was a case where they could generate resources locally to some degree, but they were also largely reliant upon a regional and global energy economy at this point. He asked for any questions. 28 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 Chairperson Campbell asked if anyone wished to address the commission regarding this element. There was no one. Mr. Criste said the next element and the last element in the Environmental Resources Element was the Open Space Conservation Element. He explained that both Open Space and Conservation were mandated elements by the state. They joined them together since they were given the flexibility to cobble the general plan together as seen fit. For us, he said open space and conservation were very important. They looked at it as the golden goose that gives reason for the Coachella Valley to be such a thriving destination area. He said there was a fair bit of purpose statement in that regard. The background information discussed some of the regulatory requirements and then the open space categories followed the state guidelines. There was open space for recreation and they listed some of those resources like the National Monument at Joshua Tree, etc. They also cited the city's parks, which were also discussed in the Parks and Recreation Element which they would cover next time. Also open space for natural resources and that included biological resources and in some instances could even reference the mineral resources in the planning area. They spoke to some of those resource areas like Thousand Palms and the Coachella Valley Preserve. Then open space for managed production of resources and that was really a reference to mineral resources primarily. If they had forests, they would fall under that category as well. Then open space for health and safety and that had to do with preservation of our air, water and addressing issues like fire risk and those sorts of health and safety concerns. Then they spoke to various legislative acts that have been passed that empower us to acquire land for parks and open space purposes. He noted that Palm Desert has been a real leader in those sorts of things, as have other cities in the Coachella Valley. Those were listed. They spoke to the public lands trusts that we have in the valley, not the least of which was the Coachella Valley Mountains Conservancy which is a state agency and had been a leader in helping them to 29 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 consolidate open space lands and enjoin them with publicly owned lands for conservation. Available funding mechanisms were addressed that the City and others have tapped into to acquire lands and to put into effect conservation. They briefly discussed future directions and a couple of goals which had to do with the preservation, management and protection of these environmental resources. Again, the philosophy was espoused that we can have a balance between the community's built environment and the local and regional protection and preservation of the unique desert environment. There were policies and programs to put these into effect. He asked for any questions. Mr. Drell said this was another connection with land use. Just like water, open space is an absolute finite resource and even more palpable. Water is hidden underground. He said there is a certain amount of open space in this valley. Every time we develop another square foot of it, there is a square foot less, probably forever. That again went back to the fundamental question of how to deal with the pressures for growth in land use. Given that every time they reduce a subdivision by one house, by one lot, that lot got pushed out somewhere else. Given a fixed amount of demand for either residential or commercial or whatever real estate, every time they consume an extra square foot of it would end up somewhere else in this valley. That somewhere else would be a piece of open space. Unless we come to grips, either through a physical mandate on the limit of both commercial/industrial development, period, or in how we physically accommodate in terms of surface area the growth we are subject to, that determines how much open space would be left over. At the same time one of the most important issues and side effects of the multi species plan, although legally motivated by protection of endangered species, its most tangible result would be the preservation of a lot of open space which would probably be more meaningful to people than the fact that there is a Jerusalem cricket that would live or not live. But it went back to land use and how they manage growth and organize growth. That would determine at the end of the day whether we look like the San Gabriel valley or the San Fernando valley or like the french countryside where they see individual towns and lots of wonderful countryside around it. That difference had to do with how we regulate land use. 30 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 Commissioner Tschopp noted that the General Plan cites the government code that requires every city and county to prepare and adopt a local open space plan within its jurisdiction. Then it went on to talk about open space categories, locations within the planning area, and then went on to cite Joshua Tree National Park and other things that aren't within our jurisdiction. He asked if that was reconciled within our planning for the city within our jurisdiction. Mr. Criste asked if he was concerned that we have extended ourselves beyond our authority. Commissioner Tschopp said he was only reading what it cited as the government code and then what we are using as areas outside of our jurisdiction. Mr. Criste said there is an expression in planning that says make no small plans. Over the course of developing the General Plan, they started with the resources first. One of the things the GPAC came to terms with was that the boundaries issue has limits in terms of how and what we can control and what can control us as a community. Over the course of looking at what they should really be evaluating, it was determined that it was appropriate that the City, which has been a leader in the Coachella Valley, not be afraid to cast its net broadly and that if they were to evaluate those issues/resources which are really regional resources, we would be in a better position to voice our concerns in the future when regional governments or state and national government was talking about how they are going to manage them, delete them or expand them. So we are mandated to address those things within our limits and were not precluded from better educating ourselves and arming ourselves with knowledge so we can be even more effective leaders in the regional dialogue that occurs on these resources. Commissioner Tschopp said that we are in comprehensive compliance with the government code then. Mr. Criste said yes, absolutely. 31 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 Chairperson Campbell asked if anyone wished to address the commission regarding this element. MR. GEORGE MARZICOLA, 71-876 Vista Del Rio in Rancho Mirage, addressed the commission. He said he has been in the valley for 40 years. Most of his work was in Palm Desert. His background career was brokerage and then he got into raw land syndication and had 22 partners in ten companies and they concentrated on Country Club Drive. He said they owned and developed about 1 ,500 acres there, so he had some knowledge of Palm Desert and development. He stated that for every yin is a yang. All he had heard here tonight was negativity. We are losing water, etc. His suggestion for the commission's consideration was to bring in a bigger picture. His own development he made appearances and would bring in someone from the County Water District because they had a much larger view of the water and water resources. Looking at our history, he said the early farmers in the 1800's were very practical. They contracted with the Colorado River for water. They bought water from the Colorado River to conserve our own aquifer. His best knowledge when he would bring someone in from the Water District, they would testify that there is about 200 years of water supply here in the desert. No one mentioned in this report that in a three-year period we had two 100-year floods. No one had mentioned that it is cyclic. There are times we get incredible rainfall here. That is why they had to build a bridge across Bob Hope Drive as an example, and other places in the valley. His major point was for them to please consider the other side of the coin. They had heard the yin where we will run out of water, etc., now look at the yang part. He wanted to see a broader view of water. He also urged them not to be so influenced by the negativity that they commit the horrible crime that Palm Springs did in 1970 when the city council declared a moratorium on development. It was wonderful for Palm Desert because it moved the epicenter of development from Palm Springs to Bob Hope Drive and Country Club Drive. That was how we got our development here and how we really took off. He asked them to consider where they are headed and their recommendations and consideration that if they choke off development, they are going to drive development away to some 32 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 other place. We have 600 square miles of flat land in this valley, so we have plenty of room for development. He did want them to consider the other side of the coin. After no further comments, Mr. Criste noted that the next element was the Geotechnical Element. He said in the general plan discussion, they were highlighting the constraints issues, but they were certainly looking at these resources as essentially economic resources for economic development as well. He said they were moving into the Environmental Hazards Element chapter. The Geotechnical Element was a very important element in the valley and our reason was very much a technical phenomenon. We have an area that is probably one of the most technically dynamic in the world. The valley is a creation of a spreading zone created by the fault which extends down to what is called the east pacific rise that created the Gulf of Mexico, and if it weren't for sediments from the Colorado River, we would still be part of the Gulf of Mexico as far as Indio. So we are in this area that has spread the valley, raised the mountains, created a tremendous area of sediment that has also provided us with this tremendous aquifer that Mr. Marzicola referred to that stores all this great ground water that has taken millions of years to build up. So we have both a benefit from the geotechnical conditions and then geotechnical hazards which they outlined in the element. They talked about some of the geotechnical conditions. Everything from the basement rock to the sand dunes were all geotechnical aspects of the valley. Because we have this dynamic area, we are subject to ground shaking and even ground rupture. In the element there were several exhibits including seismically induced rock zones, rock fall areas and landslides. We have areas that are subject to settlement when we have strong ground shaking and fault hazards and areas where faulting actually passes through the valley that would create not only ground rupture, but tremendous ground acceleration or shaking. Then there were the wind hazard areas as well. They talked about these throughout the element at length because they are very important and have a tremendous long-term and sometimes immediate consequence for the valley. It also related to issues like subsidence, partners in our air quality issue with the sands created by these geotechnical conditions. 33 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 Then they talked about measuring seismic hazards and how that is done. We have had some tremendous advances in geotechnical prediction, earthquake prediction and the size of earthquakes and that kind of modeling had become more sophisticated. A lot has been learned about our region since the Landers quake and that effected building codes to protect property and lives in the future. Then they spoke about the individual faults that are tremendously interesting and beautiful things in themselves, but also constituted significant physical constraints that we need to manage our ways around. They also included things like liquefaction and deformation of land, etc. So they spoke to these at length and they provided really good background for the planners and for others who have to implement the regulation of land use in the community. Then they talked about mitigating these impacts and there was state law and regulations that not only mapped them, but also tells us how to address development in these seismically active zones. They referred to the Uniform Building Code, the California Building Code, etc., and seismic retrofit requirements. They spoke to the future directions issue and then a single goal to maximize protection of human life, land and property from the effects of seismic and geotechnical hazards. We have sets of policies and programs and a very excellent geotechnical report which was in EIR that the commission would be getting a copy of. It was in the appendix of it. He asked for any questions. Chairperson Campbell asked if this was the section that talked about the ground sinking. Mr. Criste thought they pretty much covered the subsidence issue. The ground shaking was the main theme here. Chairperson Campbell asked if anyone wished to address the commission regarding this element. There was no one. Mr. Criste stated that the next element had to do with flooding and hydrology. As Mr. Marzicola pointed out, we have been subject to some tremendous flooding events. He said it was kind of an irony that the desert has some of the most severe flooding events that occur anywhere and it has to do with our geography and the nature of our 34 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 physical area here. He thought they provided some pretty good background information, also speaking to the regulatory environment we are in and tried to provide some understanding of the climatic conditions that would occasionally allow for tremendous storms to brew right over our area. They talked about the benchmark storm that occurred in Indio. He said there would be some photos into the document, but it showed some of the flooding we had here in 1976 and even in 1979 when he came out here, he remembered at Miles Avenue the Whitewater River must have been 20 feet deep gunnel to gunnel rushing through there, so it is an amazing thing for those that have witnessed flooding in the desert. It then spoke to the local and regional flood control issues. The Coachella Valley Water District is responsible for the regional flood control, management of the Whitewater River and the incrementally being constructed mid valley stormwater channel. In the north area, there was the future Thousand Palms flood control project to protect Thousand Palms and Interstate 10. In the city we have local facilities like the San Pascual Channel which is managed by the City. They talked about FEMA, the Federal Emergency Management Agency, which maps major flood zones and they consolidated the flood mapping and created a single exhibit. It was in the element that showed the different flood zones within the planning area. It talked about the backbone drainage system and the substantial investment that has been made in flood protection already and the ongoing flood control facilities and improvements that are made. And the City's master drainage plan and how some of the zone systems had been developed and some of the major drainage facilities that have been approved and some that are planned. Then they spoke to the extensive use in the valley of mitigation through design where golf courses and other kinds of open space amenities are used for flood control. They discussed the non point source discharge where flooding could also carry pollutants into areas where they can percolate into the ground water. Then opportunities for flood control facilities or associated open space to be used for wildlife or even for passive open space for park type activities, etc. 35 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 There was a single goal. A comprehensive assessment of flooding and other hydrologic hazards in the community and complete facilities and services effectively protecting lives and property. Then they had a series of policies and programs that addressed us attempting to reach that goal. He asked for any questions. Chairperson Campbell asked if anyone wished to address the commission regarding this element. There was no one. Mr. Criste said the next element starting on page V-43 was the Noise Element. He said they could see in the graphics provided throughout, noise is associated primarily with transportation and almost entirely with vehicular traffic. They provided some background discussion. They spoke to the California Department of Health Services and the model we use to model future impacts of traffic especially, but other sources of noise on the community. The noise was generally boiled down to a 24-hour average of community noise called the community noise equivalent level. In their discussions that was how they compared relative noise environments in the valley. They spoke to the range of noises and their effects physiological and even psychological. Then they characterized the existing noise environment and pointed to things like the Union Pacific/I-10 corridor which is a substantial noise generator. He noted that sometimes aircraft overflights were, although we weren't particularly effected, but he identified the Bermuda Dunes Airport and the noise contouring that had been done for it. Then they also spoke to some of the common mitigation measures we have available that are pretty effective at bringing traffic noise down and those included berming and masonry walls. Those kinds of facilities that were able to attenuate noise. He thought noise really lent itself to mitigation very well. They also spoke to mechanical noise sources, heating and ventilation equipment, and those sorts of things that can have components of noise that can project fair distances. Then they talked about noise and land use compatibility and provided a table which showed what noise contours anticipated in 2020 based on the traffic model that they ran. Those were totally unmitigated, so they needed to be taken with a 36 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 large grain of salt. As shown on the graphic on page V-47, even along arterials effective mitigations could be put into effect with the proper kind of acoustical barrier design. Table V-4 on page 51 showed some of the general compatible issues, noise levels, and kinds of land uses generally considered to be compatible and not compatible. They spoke to the City's effective noise control ordinance which had been used on several projects in the city. He had personally and he thought it had been very effective. Managing the noise environment and speaking to future directions in terms of noise management and managing the noise environment so it didn't adversely impact the community. The goal for this element is a noise environment that respects community residents and reflects the community's appreciation for a sense of place with the peace and quiet in balance with the city's resort residential character, its sensitive receptors and its natural wildlife habitats. Then they had policies and programs to address the various noise issues identified. He asked for any questions. Chairperson Campbell asked if anyone wished to address the commission on this element. There was no one. Mr. Criste stated that the next element was Hazards and Toxic Materials. He said this was something of a boiler plate element, but there are issues that arise that we have some control over. They had to do with assigning truck routes, especially for the hauling of petroleum products and things like that. As rail traffic increased, these kinds of issues would arise, but they also had them on a more mundane level with some of the land uses that have chemical and volatile fuels associated with them. They discussed briefly hazardous waste and sewage disposal. It could effect things like air quality and water quality and human health in general, then spoke to the hazardous waste management laws and regulations in effect. He said the County was a big player in helping us manage hazardous waste materials and the hazardous materials response teams we have that are integral to our fire protection services. 37 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 Then they had future directions and the goal to maintain and promote measures to protect life and property in the city of Palm Desert from hazards resulting from human activities and development. Then they had policies and programs to put those sorts of things into effect. He also mentioned that this was developed in conjunction with the Emergency Preparedness Element and tremendous input from not only the city police and fire, but also from the Public Safety Commission. He asked if there were any questions. Chairperson Campbell asked if anyone wished to address the commission regarding this element. There was no one. The next chapter was Public Services and Facilities. The first of element was the Water, Sewer and Utilities Element. As opposed to resource management, he explained this had to do with infrastructure. The nuts and bolts that deliver resources and services to the community and they spoke to the government regulations in that respect and then touched upon CVWD as our water purveyor, Edison and IID as electric service providers. They also noted that in the planning area in Bermuda Dunes, the Myoma Dunes Water District is the provider of a limited area there. For waste water treatment, we have the Cook Street plant. Parts of the planning area would be served by a plant on Avenue 38 north of Indio. They talked about the use of septic tanks and how we are trying to retire those because there is a demonstrated relationship between ongoing septic use and ground water contamination. There were requirements of the city for connection to sewer systems. They talked about the major utility corridors and also making compatible some of the utility infrastructure like substations which Palm Desert has been pretty effective in integrating with residential development so that they aren't offensive but are able to provide that step down service to give them usable voltages for our power. Deregulation was discussed, which had brought us all kinds of positive and negative consequences and they were still thrashing that out. They spoke about natural gas, both large volume capacities running through the valley, as well as the local low pressure lines that serve homes and opportunities for conservation. Then other service 38 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 providers like telephone and cable television. Also solid waste management. They knew that Edom Hill was being retired soon and that they are looking for other places to haul our trash, hopefully just on an interim basis until Eagle Mountain came on line. They spoke to those issues of land use alternatives, future directions and then a goal to have a full range of water, sewer and utility facilities and services that safely, adequately and cost effectively meet the immediate and long-term needs of the city. Then they had policies and programs to implement the element. He asked for any questions. Chairperson Campbell asked if anyone wished to address the commission regarding this element. There was no one. Mr. Criste stated that the next element was Public Buildings and Facilities. He indicated that the same format was used. They identified a full range of these facilities. In Palm Desert we have a tremendous number of community facilities that the City has helped to bring about. They also cited facilities like fire stations and policies stations, as well as the schools and libraries briefly. He noted that we have a separate Schools and Libraries Element that spoke to those matters in greater detail. To some degree it talked about the utility infrastructure again, as well as critical structures like hospitals and the fire stations. When we have earthquakes and floods, we will have these public facilities and their services available to provide emergency response. He noted that there was a fair bit of future direction discussion. He said they worked at length with the utility providers and with other service providers. There were a couple of goals. One was the provision of a full range of dependable and cost effective public buildings and facilities meeting the functional, social and economic needs of the community. The other was the compatible and aesthetically satisfying integration of public buildings and facilities into the city's built and natural environments. Then there were policies and programs to implement the element. He asked for any questions. Chairperson Campbell asked if anyone wished to address the commission regarding this element. There was no one. 39 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 The next element was Police and Fire Protection. Mr. Criste said that this ended up being a much more extensive discussion than anticipated. They had tremendous involvement of the police department and fire department. They had many meetings. They also met three times with the Public Safety Commission on these matters. He noted that there was quite an extensive discussion. He said that some of this was time sensitive because budgets would change things. As the growth of the city continued, they would have different numbers, but the basic standards were also cited in terms of sworn officers per capita, etc. Then major programs that the City has pursued on crime prevention, public safety and other kinds of law enforcement and public safety services and programs that have been instituted by the City. They talked about the facilities. The fire stations and their capabilities equipment wise the kinds of things they can respond to and the mutual aid agreements we have, as well as the Cove Communities arrangement we have with Rancho Mirage and Indian Wells which helped to give us quite an economies of scale that we might not get if we were acting just as solely individual entities. There was also a brief future directions discussion. The goal was the provision of efficient, high quality police and fire protection for all types of development and socio economic segments of the community. They wanted all segments to be equally protected and served. He said there were policies and programs to implement the element. He asked for any questions. Regarding police services, Commissioner Jonathan asked if there was an analysis about the point at which it may or may not become cost effective for the city or the cove communities to employ their own police force rather than contract with the County. Mr. Criste said they didn't really discuss the matter. Commissioner Jonathan asked if the General Plan was the appropriate venue for that analysis. Mr. Criste thought it was more of a budget analysis. 40 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 Commissioner Jonathan asked if it addressed the mechanism of delivering those services. Mr. Criste said there was discussion about that. The discussion was that the quality and types of services are established in the element. How they get there, whether through a private/city sponsored or through a contract service, he didn't think they had much dialogue about that. Mr. Drell thought the main driver or lack of discussion was our satisfaction with our relationship with the County Sheriff. We get very good cooperation and they are very responsive to our needs. When they looked at the City's budget, police and fire in terms of the City's general fund budget was something like two-thirds or three-quarters of the budget. It is a huge piece of it. He believed that in looking at the experience of other cities that have abandoned the contract and gone their own way, they didn't necessarily seem to have a higher level of service or any better economics. Until it was absolutely demonstrated that our service is suffering or our budgets are disproportionate in comparison with other cities that have their own police and fire departments, he didn't think they would ponder it too much. He thought as a long-term program or policy they should always be re- evaluating it. He didn't think it would hurt to have it as an ongoing policy of evaluating the cost effectiveness of contracting versus having our own. It probably wasn't a bad policy to have in there. Mr. Criste said it is our policy with regard to regular review of whether the service is satisfactory and those sorts of things that Mr. Drell was referring to. Chairperson Campbell asked if anyone wished to address the commission regarding this element. There was no one. The Schools and Libraries Element was next. Mr. Criste noted that Palm Desert is a real leader. Not only do we have two separate K-12 school districts that serve the city and the planning area, but they now have a campus underway for a Cal State and another graduate campus for UCR. The element discussed the background information and discussed again the public schools and facilities that are here. It also referred to some of the private schools we have in the 41 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 community. It discussed issues of overcrowding, College of the Desert (COD), and the new facilities being built. He noted that we also have a branch of Chapman University here in the community. There is a 200-acre campus under construction at Cook and Frank Sinatra. He noted that we have a beautiful library we share with COD. Then they spoke to the future direction issues and a goal for educational and library facilities that provide city residents with a wide range of high quality services which are physically and financially accessible to all segments of the population. Another goal was schools and library facilities that serve as important venues for community, social and cultural events that play an important role in enhancing community cohesiveness. He said that theme of community cohesiveness was also seen throughout the General Plan. Then they had policies and programs to implement this. He noted they also had the tremendous advantage of having at least three really fine educators on the GPAC including the past president of COD and others who participated in providing input. He asked for any questions. Commissioner Jonathan noted that goal two which Mr. Criste just alluded to included community cohesiveness. He asked if GPAC or if the element addressed the potentially adverse consequences of having two school districts within a single city. Mr. Criste informed him that the committee had quite a dialogue about that subject. There was a policy to continue to pursue efforts to consolidate the city into a single district. Mr. Drell noted that the element was being discussed while the city was in the process of pursuing unification. Unfortunately, the decision did not go the City's way and he thought it was probably an irrevocable decision as far as he could tell. Based upon the way the decision went, his impression was that it didn't leave a whole lot of daylight for reconsideration of that. They ended up going farther than anyone else had before in that effort. When talking about the Land Use Element, they would learn that the Palm Springs District is moving full steam ahead acquiring real estate, they have bond issues and money in the bank to build schools. He said that having two school districts might provide the opportunity for some competition to a certain degree. He 42 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 could see pluses and minuses and didn't hold much hope to see a change in the future. Commissioner Tschopp had a question about Cal State. Given that the entire document numerous times spells out how Cal State will end up being a driving force out in the north sphere, he asked how confident Mr. Criste or the individuals he talked to were on the projections that we will have 25,000 students out there in 17 years given that at this point approximately 20% of all courses taken there are done via video and given the increase in distance learning that all universities are experiencing today. Mr. Criste explained that the actual on-campus estimate, if he recalled correctly, was more like 15,000 on campus students and the balance was expected to be distance learning. There would be occasion when even the distance learning students needed to be at the campus, so they had the issue of brief but peak periods of population on campus. But he thought the master plan pointed to 15,000. Commissioner Tschopp said it was 15,000 on a daily basis and 25,000 students. If they just took 15,000, they are looking at that campus throughout this document and its impact. Then he saw 1,200 dormitory rooms which was probably in line with other Cal State universities that had a very large commuter base. When Mr. Criste talked to other education officials on the campus, he asked if there was a thought that perhaps they didn't have that many people in the area because of the way long-distance learning is progressing and is expected by other authorities to be a major educational tool in the future. Mr. Criste said they do expect it to be and that is why they see they can dedicate so much of their capabilities to students who essentially will be off campus and remote with internet and video television types of access to the curriculum. Commissioner Tschopp asked if the university was still projecting that in 17 years they will have 15,000 students on campus on a daily basis. Mr. Criste said yes. 43 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 Mr. Drell commented that inherent in the university education is the interaction with other human beings and other students and personal interaction with professors. If they had ever taken courses on television and compared that to good courses taken in person, there was no comparison. He didn't think television or the internet would ever take the place of in-the- flesh interactive learning with other human beings and professors. He said he was on the steering committee for the university planning (Commissioner Tschopp said he was, too) and they started with a much higher number. They started with the assumption of a more typical daily number of 25,000 and when they discussed the issue, they scaled it back to 15,000 assuming that nearly a third of the classroom days would be electronic or peripheral. He said the university was talking about setting up little branch campuses. Once it was Cal State Palm Desert, there would be branch campuses of Cal State Palm Desert in Blythe and Yucca Valley. So it would be dispersed to a certain degree, but he didn't think that long term sitting at home staring at a computer substituted for a real university education, but they would see. Commissioner Tschopp said he might disagree with him, but his only concern was truly how big they are looking at it to be an economic force out there as far as planning around it and perhaps even implementing changes in the land uses around it because of it. He just wanted to make certain that we feel very confident about the number of students who would be on campus that would be using business services, commercial services and the roads and so forth and what the impact of that would be on Palm Desert. That to him was the real question here. Mr. Criste said at the next meeting they would focus on that, but he thought Commissioner Tschopp would find that while the university is an important consideration, it wasn't by a long shot the only driver of some of the concepts that were developed for the balance of that planning area. He said they would get a chance to show the full picture next time when they talked about land use and the planning of that area. Chairperson Campbell asked if anyone wished to address the commission regarding this element. There was no one. Mr. Criste noted that the next element was the Health Services Element. In that element they talked about something really important 44 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 to our population, not only because of our older population, but now we are getting a lot of families in the community. They talked about the hospital serving the community and while we don't host Eisenhower Medical Center, it was the closest service provider to us and was very conveniently located. They talked about some of the immediate care facilities that are available and some of the other kinds of health services that occur in the city or planning area. It talked about special services like the Healthy Cities program and the well care clinic as well as others like services to school children. Both ps chiatric and mental health services were discussed. There pY e were other important services includingaddiction treatment like at the p Betty Ford Center and others. He noted there were veteran services and senior services that were part of the Joslyn Senior Center and other facilities. He indicated that COD is working to help provide us with more nursing capability through educational programs for registered nurses and they have moved more and more locally and regionally into treatment and facilities to treat and care for people with Alzheimers. He said home care and hospice care was also a very important element of this as well as Shelter from the Storm. He noted that the community hosts the Foundation for the Retarded. There was the Desert Aids Project, the health care, education and training issues. The Institute for Critical Care Medicine was building a new campus in Rancho Mirage next door to us. Then some of the other specialty issues including accessibility to these various services. The next part was future directions in three areas with special attention to the demographic driven aspects of health care and health services. The goal was to insure that adequate and affordable health care is accessible to all community residents and visitors. Then they had policies and programs to implement the element. He asked for any questions. Chairperson Campbell asked if anyone wished to address the commission regarding this element. There was no one. Mr. Criste said the next element was a very important element that they had tremendous input on from the City commissions and committees. It was the Emergency Preparedness Element. He noted 45 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 that we don't have earthquakes and floods very often, but when we do the consequences are significant and they could be sure they will occur again in the future, so being prepared for these was very important and required quite a coordination of everything from fire and police protection to health providers, to utility services and even the government being able to continue to coordinate with the various functions of the city. He said we have a very sophisticated multi hazard function plan that they worked closely with staff on in characterizing it in the element. He said we also have tremendous regional communications for emergency response. They talked about issues of accessibility. We have more and more dependence on Interstate 10, but we have seismically sensitive structures that get us onto and off of Interstate 10 maintaining the integrity of our transportation system, as well as our water and sewer systems and our electric systems. All of them were important considerations and were all discussed in the element. They described the City's Emergency Operation Center, how the chain of command was established for addressing responses to emergencies, and then they spoke at length about future directions and how we might have other facilities like the universities and schools that could provide disaster relief staging areas and those kinds of capabilities. The goal was an integrated comprehensive emergency preparedness plan that provides adequate response and action plans for any hazard scenario which might effect the city's residents and visitors and which effectively minimizes the loss of life and economic resources and which maximizes emergency and recovery resources available through the county, state and federal agencies. Then there were policies and programs to implement the element. He said there was also a glossary at the end to explain some of the acronyms. Chairperson Campbell asked if anyone wished to address the commission regarding this element. There was no one. Mr. Drell said that if the commission had no additional comments about these elements, they should open up to the public for general comments. He thought some would deal with land use that they could address now or more likely address at our next meeting. He said he was contacted by various 46 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 different property owners regarding the map, many times bringing attention to mistakes. He said that some of the errors were probably mistakes that carried over from our existing land use map that were brought to their attention. At the next meeting, in addition to considering intentional or suggested changes from members of the audience for their particular pieces of property, he would give them a revised map that rectified the unintentional misdesignations in the map right now. Commissioner Tschopp asked if the commission could get better maps or perhaps zero in on specific areas and make them large enough to see clearly before the next meeting. Mr. Drell said if they got the BrightSide, that was a better map and already corrected a lot of the mistakes. It also focused just on the city limits and wasn't diluted by having to take in the scale of the whole planning area. He said they will be focusing on three areas in the land use discussion. The area north of Frank Sinatra to the freeway, a selected area along Highway 111 where there is an alley situation where they still have an unsolved land use problem, and then Portola where they are widening Portola from two to four lanes and should be then looking at whether or not our land uses are still appropriate. He said they would have very specific exhibits for those areas for the next meeting. Commissioner Tschopp asked if he would also provide a map showing any other areas that he was proposing changes to so that they would stand out very clearly so they could compare them to what they were before. Mr. Drell said yes. Once they absolutely identified all the unintentional changes, they would have a map that only highlighted those areas that are different. A lot of the areas that were different they changed because there was a historic designation dating back from 1975 where the actual developed land use was less intense and they still had the much more intense designation. So in those cases and probably the bulk of the changes were simply pulling back those designations to reflect what physically had been developed on the ground. But they could produce a map that only showed the changes and would make it very easy to see. Commissioner Jonathan said the General Plan document has six chapters plus a glossary and Mr. Criste started with Chapter 4, the elements other than Community Development which is where they find the Land Use Element. He didn't understand at the beginning that the Land Use Element was something they were deferring to the next meeting on October 7. 47 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 Mr. Criste said that was correct. That was also how they progressed with GPAC so they had context within which they could then talk about land use. Commissioner Jonathan confirmed that they weren't ignoring the Land Use Element, they were just going to devote that to its own meeting. Mr. Criste clarified that the Community Development Elements would be at the next meeting and they needed to discuss the order, but the lion's share of the discussion would understandably be focused on land use. Commissioner Jonathan commented that any members of the audience that had comments relating to land use would be given an opportunity to speak. Chairperson Campbell concurred. Chairperson Campbell referred back to the Request to Speak cards and asked if Mr. Noble would like to address the commission. Mr. Noble said he would wait until the next meeting when they got into the land use issues. Chairperson Campbell asked if Mr. Pratt wished to address the commission. MR. PATRICK PRATT, 79 Beekman Place in Palm Desert, addressed the commission. He said it was interesting to sit and listen to a lot of the elements and the macro discussion regarding the General Plan and the vision for the city of Palm Desert in the future. He said he has worked with Mr. Criste and thought Terra Nova did a great job. Regarding the comments by Mr. Drell about looking macro and then at many points get down to the land use decisions and the Land Use Element through a microscope, he said he had a dilemma because of the timing of all of this. The timing being that he was concerned about a particular land use adjacent to his residence and they were now looking at the General Plan. He said he would argue that it is appropriate to consider the current land use designations. He also noted that he was before them due to a particular project before the commission on that piece of land. When he got back from that meeting he received a Bright Scape (BrightSide) and the Bright Scape 48 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 was a great example of disseminating information to the community. If the timing had been such that this was happening before the project and the Bright Scape, he would be here in the macro talking about general land use discussions and what were appropriate relationships and compatibility. Unfortunately, he was stuck in between a project meeting and the General Plan discussion. He waited to talk about the land use discussion because they would have a land use discussion on October 7 at the same time that project was back before them. So it created a dilemma in the timing. As City Manager of Rancho Mirage, he was very well aware of the process and plans in development. There had been no moratorium on applications and things being processed through the community while they were going through their two-year general plan process, so out of fairness in a perfect world he would suggest that the land use designation of office at the northeast corner of Hovley and Cook is inappropriate. When he got the Bright Scape notice, he opened it and it was very colorful. One thing that hit him was the surrounding areas to this particular land use of office was low density yellow all around it. If they looked at all the other areas of the community where they had this mass of low density residential, it wasn't an example that they have office surrounded by this at a corner. He thought they could also develop that property from a residential standpoint, even low density. An example was the Chadham Court project that was an infill project at the corner of Portola and Hovley. It is a very irregularly shaped project/piece of property. He thought they built it out in a very nice fashion with residential. Having said all of that in the macro, he understood that they have an application before them but out of fairness it probably wouldn't be appropriate for him to stand there as part of the General Plan discussion and suggest a change in mid stream, so he would only ask that they have their deliberations on the project at the next meeting in the midst of the discussion of the General Plan. He said the General Plan always is concerned in the community about design issues, heights, view corridors and compatibility. As they heard during his last presentation before them, one of his biggest concerns about the 49 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 project was not the project itself, but the two-story component of it. He thought that wasn't compatible and given where the applicant was in their process and where the commission was in their process, it was probably the best he could hope for. Chairperson Campbell asked if anyone else wished to address the commission. There was no one else. Commissioner Jonathan expressed his gratitude to Mr. Criste. He said Mr. Criste in and of himself was a resource to Palm Desert and Commissioner Jonathan appreciated all the good work he had done, as well as his presentation tonight. Commissioner Lopez thought they would be remiss if they didn't express their gratitude and congratulations to the GPAC. He said it might be premature at this point, but in going through the first phases of this, as well as reading it, it has been an awful lot of work. They devoted two years of intense work with the 18 individuals, as well as the two city council members who were part of the project. He congratulated him on a well thought out, intense draft of this plan and he looked forward to the next meeting. Chairperson Campbell also thanked Mr. Criste. Chairperson Campbell left the public hearing open and asked for a motion to continue this to October 7. Action: It was moved by Commissioner Jonathan, seconded by Commissioner Lopez, by minute motion continuing Case No. GPA 01-04 to October 7, 2003. Motion carried 4-0. Commissioner Jonathan asked if this matter would be first on the agenda. Mr. Drell said he would like them to talk about that and how the commission would want to deal with the regular cases as it relates to this. Commissioner Jonathan noted that the public that was present tonight and would be here again next time would come to attend a 6:00 p.m. meeting, so he suggested that they not keep them waiting. 50 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 Chairperson Campbell thought they should do this first because some of the cases had to do with the land use. Mr. Drell noted that there was a case that was continued to the next meeting. Other than the continued case, staff had not advertised any of the other cases. He said there was a potential of five items in addition to the regular meeting. Mr. Smith said one was continued and four that staff pretty much committed to. Commissioner Jonathan thought it might be appropriate for some of the projects in the effected areas to have a chat with those applicants and maybe they would voluntarily agree to continue those items. Mr. Drell said they continued all of those cases to the next meeting. Commissioner Jonathan thought there were one or two that were continued to the first meeting. Mr. Drell said no, it was just the office project Mr. Pratt spoke about. Commissioner Jonathan thought it might be convenient to give it another meeting or two and let this matter, the General Plan, resolve itself. Mr. Drell agreed. He said they even talked about meeting at 4:00 p.m. as a special event and try to deal with the General Plan from 4:00 p.m. to 6:00 p.m. Chairperson Campbell said they could also stay later. Mr. Drell agreed. They could stay to 11:00 p.m., they had before. Starting at 6:00 p.m., they were already ahead of the game. He thought it would be better to deal with the General Plan first since they had so many other projects that are hanging. Commissioner Jonathan suggested allocating a block of time for the General Plan, like 6:00 to 7:30 or 6:00 until 8:00 p.m. Hopefully that would be adequate time, but if not, they would cut it off at that point and continue that item to the next meeting and then move on to the other hearing items. Chairperson Campbell noted that the other five applications were probably something that wouldn't take very long. Commissioner Tschopp asked if it was difficult to move the meeting time up for a one meeting time. He suggested 4:00 p.m. or even 3:00 p.m. He said they needed to give it significant time for people to comment and opinions to be heard. Otherwise it would be very difficult to conclude all of this in one or two meetings. Mr. Drell said the General Plan was advertised in the BrightSide, but in the three areas of most concern, meaning the north Frank Sinatra, the area along Portola and Highway 111, they anticipated speakers. Staff was sending out mailed notices to all the property owners in those areas, so they were giving those property owners special invitations in addition to the BrightSide notice. 51 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2003 Commissioner Jonathan asked if Mr. Drell was anticipating a third meeting to wrap it up. Mr. Drell said it was possible because at the third meeting they were really back to dealing with the specific projects again. The goal was to be resolved enough by the time they got to those meetings that they were just concentrating on the design of those projects if they resolved the land use issue to a certain degree. Commissioner Jonathan stated that he would have no objection to a 4:00 p.m. special meeting for the General Plan with a break for a quick dinner and a 6:00 p.m. meeting for the other hearing items. He didn't think it referred to an actual time for the October meeting. Chairperson Campbell said it did say 6:00 p.m. and they needed to keep the General Plan at 6:00 p.m. Commissioner Jonathan said he had no problem having a special meeting at 4:00 p.m. and then continue the meeting to 6:00 p.m., he was okay with that. Commissioner Lopez said he was okay with that too. Whether they started at 4:00 p.m. or 5:00 p.m., he thought they were going to be in for a long night. Tonight surprising went very quickly. He thought it might be nice to get some of those items on October 7 to voluntarily move. Commissioner Jonathan said that was another option. Since those applicants were directly noticed as well, they could have the 4:00 meeting for the regularly scheduled items and then start the General Plan at 6:00 p.m. Commissioner Lopez was afraid a lot of those items would be continued. After further discussion, it was decided that the public hearing items should be advertised for 4:00 p.m. Planning Commission has the ability to set its hours. The question was if Chairperson Campbell could attend. Chairperson Campbell stated that she was willing to do that for one time. Mr. Drell said they would be doing those applicants a favor. They wouldn't have to wait through two or more hours of discussion on the General Plan before getting to their projects. Commissioner Jonathan said they would rely on staff to bring in something for dinner. They could meet from 4:00 p.m. to 5:30 p.m., break for dinner and then start the General Plan discussion at 6:00 p.m. Action: It was moved by Commissioner Jonathan, seconded by Commissioner Lopez, to start the meeting at 4:00 p.m. on October 7. Motion carried 5-0. 52 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 Chairperson Campbell agreed and called for the vote. Action: It was moved by Commissioner Finerty, seconded by Commissioner Lopez, approving the findings as presented by staff. Motion carried 4-0-1 (Commissioner Jonathan was absent for this item). It was moved by Commissioner Finerty, seconded by Commissioner Lopez, adopting Planning Commission Resolution No. 2228, approving Case No. PP/CUP 03-12, subject to conditions. Motion carried 4-0-1 (Commissioner Jonathan was absent for this item). Mr. Drell suggested that they have a 20-minute recess. Commission concurred. Chairperson Campbell announced that at 6:20 p.m. they would begin their general plan meeting and that would last until 9:00 p.m. At 9:00 p.m. they would hear a continued public hearing item. THE 20-MINUTE RECESS WAS CALLED AT 5:58 P.M. IX. 6:00 P.M. PUBLIC HEARINGS CHAIRPERSON CAMPBELL RECONVENED THE MEETING AT 6:27 P.M. Anyone who challenges any hearing matter in court may be limited to raising only those issues he, she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. F. Case No. GPA 01-04 - CITY OF PALM DESERT, Applicant (Continued from September 16, 2003) Request for consideration of a Comprehensive General Plan Update. Mr. Drell explained they would first have the General Plan/EIR consultant from Terra Nova, Mr. John Criste, briefly go through the text of the Urban Design Element and the Land Use Element which would be the primary subject of discussion. Then they would get to specific descriptions of the land use map and highlight those areas of which there has either been a change 35 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 proposed or areas where specific property owners are requesting a designation other than what was shown. They were then going to focus on three specific areas: the north area above Frank Sinatra which they were calling the University Park area; the area adjacent to North Highway 111 between Monterey and Las Palmas; and the area along Portola where due to changing circumstances there has been a lot of discussion about different sorts of land uses in these areas than those contemplated in the past. In terms of a brief introduction of the Land Use Element in the General Plan, he said general plans provide a unique opportunity to look into the future. It forced them to look into the future. While most of our lives are concerned with today, tomorrow, six months, two years, three years, five years, general plans really force them to look at the end state 20 years, 50 years and 100 years to a certain degree. What gets built would fundamentally be there for a long long time. While it was both exciting to look 20 years down the line, it was kind of frightening to be saddled with having to make a decision today about how the city would look, operate and function 20 years from now. But that really was what the task is. They hear a lot of the pressures today in terms of the market demand and everything else. The General Plan forced them to look at not just the pressures of today, but what the pressures will be, what the needs of the city will be 5, 10, 15, 20, 30 or 40 years from now. The opportunities to address those pressures 10, 15 or 20 years from now would be determined on what they do today. If they didn't provide and anticipate as best they could, they were going to be responding to the changes occurring around them for the next 50 years and when those changes occur, they wouldn't have any ability to respond. He said it forced the City to take that broad view and do the best they can. He said we have great opportunities in this city given the wonderful things that were happening and the wonderful things they know will happen. He thought we had greater opportunities than others and had mostly positive things to look forward to. He introduced John Criste of Terra Nova Planning & Research who would give the philosophical side of the land use discussion. He noted that there were a lot of faces in the audience of people who were members of the General Plan Advisory Committee who worked for two years to put this whole thing together. He thanked them for their work over the two years and for coming tonight to hopefully give the Planning Commission some insights into their decisions and thinking in terms of putting this plan together. 36 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 MR. JOHN CRISTE addressed the commission. He stated that he would present and give a quick overview of two elements tonight. The Community Design Element and the Land Use Element. Although it might seem counter intuitive, he wanted to start with the Community Design Element because it really reflected a lot of the logic and philosophy that drove the development of the land use plan and other aspects of the General Plan. In their document, it started on page III- 141 of the General Plan. As with all of the elements, he said it began with a purpose statement that tries to set forth the purpose of the element. It also provided background information pointing to the way that the community design issues are integral to just about every other consideration they were making on the General Plan, ranging from land use to parks and open space, to the look of the community in the overall, as well as such issues such as street scape, building design, etc. In the element they note that the community is essentially a kind of a "tale of two cities." It is a community that consists of permanent residential development with is now it's own full-fledged business sector and as seen, a more diversified base with major educational institutions and some light industry. But they also have, what they are best known for, is as destination resort community, a second home retirement community as well. So we have these two different sets of ideas about what the city is and they needed to make sure that both of those valid conceptions of our city get proper attention. Throughout the element they referred to issues having to do with the quality of life and that was really the bottom line for all of us here--to make sure that all aspects we can control enhance the quality of life in the community. Also, they tried to take what is the leading edge or emerging kinds of ideas in community planning and design and that was sustainability. At the last meeting they talked about some of the issues having to do with air quality and availability long term of water resources. He said those kinds of sustainable community issues are expressed in detail in the element. There was a section that identified a dozen principles of sustainable development related to quality of life. They also knew that they had to operate in context so we have our own boundaries, but we're also members of the Coachella Valley and other cities have their own jobs to do in terms of land planning and 37 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 hopefully were doing it in a fashion that is compatible with the shared values we have. So we have regional design principles that were elaborated upon. He said they were also trying to balance the concept of the community as a whole and harmonizing the community as a whole with individual development proposals when they come in to not necessarily shoe horn developments into a certain kind of image or type, but to make sure it is compatible and harmonizing with more of the global or over arching principles they were espousing. So they talked about issues of continuity in community design as well. Place making and places that have identity lend character and identity to the community overall as well as in specific locations. He said they also talked about community form and design planning, getting much more to the specifics that are exercised by bodies like the Planning Commission, the Architectural Review Committee and the Council. Then they outlined some of the various issues important in that regard having to do with architectural design, site planning, access and those sorts of issues that bring in all the various disciplines that the City has under its roof and the professional experience shared on the various committees. He said they tried to enhance this section a little bit with graphics. Mr. Criste indicated that another important aspect of community design and development is the landscape palette. He said Palm Desert has been a leader in the integration of the desert xeriscape palette, not only for water conservation purposes, but because it really lends connectivity between the built environment and the natural environment in which we live. He said they also relate these issues to the preservation of open space and the development of parks, landmarks and focal points in the community which help to give identity. Preservation of the important view sheds we have from our various streets and developments of the mountain vistas and deserts. Issues having to do with development that could adversely affect those like signage, amassing of buildings that unnecessarily obstruct our tremendous views. Talking about some of the community design issues having to do with the type of development, we are now seeing emerge in the community things like the university and the university park planning area specifically as well. 38 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 He said they ended this particular element with a brief discussion of future directions and how they bring all of this together as they look at future development proposals. Then there were three goals. The first was a high quality of life provided within a liveable, sustainable and balanced community with a distinct character consistent with the city's status as a premier resort community and important commercial center. Another goal is an aesthetically pleasing community appearance achieved on all levels which preserves and enhances the city's resort identity, community image and natural setting. The last goal was for standards of community design, architecture and landscaping that enhance land use and development efficiencies and are integrated with the city's desert setting and natural scenic resources. Policies and programs followed to implement those goals. He asked for any questions. Chairperson Campbell noted that the public hearing was open and asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one. Mr. Criste stated that before proceeding with the Land Use Element, he would like to briefly give the commission an overview of the chapter, the Community Development chapter, and that included the Land Use Element, the Circulation Element(which they would discuss next time), the Housing Element, Parks & Recreation, Community Design (which they just covered), Arts and Culture, and Economic Development. He also pointed to the introduction and Administrative Element which were discussed last time. He thought it was important to understanding how the General Plan is implemented. The Land Use Element was generally considered the key element. It was literally where development met the dirt and where the ideas were manifest literally in the community. They started with the purpose statement, the background discussion, it referenced relevant portions of the government code, and the mandates we have to develop the element. They discussed issues of land use, land conservation, and quality of life. They briefly defined the types of land uses the element covers. Then they had a table which provided a breakout by land use type: residential, commercial, industrial, and public facilities. Under each of these headings they had various subsets. For instance, under residential they had the lowest densities of residential, which was one unit per ten acres which was the Desert 39 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 Estates going up to the high density residential where they allow between 10 and 22 units per acre. Then they had the commercial designations which included general commercial, neighborhood commercial, from the most general to the more specific, community commercial (which is the larger scale), and then the largest scale development which is regional commercial and included large acreage, big box, anchors and that sort of thing. Then there were the office professional designations and a designation specific to resort commercial for our hotels and those ancillary commercial activities that they support. He said industrial was modest comparatively. There were two designations: a business park and light industrial. Under the institutional services and facilities falling generally under public and quasi public designations, they have all the subsets there that identify civic centers, fire stations, police stations, libraries, schools, and those kinds of public and quasi public facilities. Finally, open space designations, the general designation and the subsets which identify public parks, public reserve open space (which a lot of that land would be lands going into conservation under the multi species plan, or that the City has purchased for conservation), private open space which helped them to identify the tremendous wealth of private golf courses and other private open space that benefits our residents. Then open space associated with flood ways. While many of them were hard edged, armored facilities, there were also areas where there are open space amenities like the debris basin at the top of Palm Valley Channel as an example, and even the Whitewater River Channel. The element also had tables which were rather tight and to facilitate understanding some of those, he gave out some highlighted handouts, but he said it took a little patience to work through them. They had the preferred alternative which emerged from the GPAC and then compared that to the existing conditions as well. He said the element then had two land use maps: the existing designations (both of the city and the county), and the preferred alternative map. He said they made some refinements to those maps since. He explained that inevitably there were some mapping errors and things of that sort which cropped up. Mr. Drell and his staff, along with input from Mr. 40 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 Criste and staff, were able to identify most of those and they would be touched upon this evening. He said what they did next was break up the discussions into these subsets of land use that they discussed, the residential and commercial. They provided a background discussion of each of those and specific goals, policies and programs for each of those subsets. He said they could go over those, but he thought they were pretty much self-explanatory. They discussed the various areas of the city and the type of development that occurs there including the RDA project areas and specific plans that we have in the community. He stated that there are tables associated with each explaining the breakout of the land use. They also did a special discussion of the university park planning area and did a breakout of land use mapping and tables as the area has been planned through the GPAC. He said the same approach had been taken for each of the land use categories and industrial, open space, public facilities and services. He asked if there were any questions. Commissioner Jonathan noted that some of the sub elements like the Commercial Core Area Specific Plan, Palma Village Specific Plan, West Hills Specific Plan for example made a reference to the General Plan Appendices. He asked if they were provided or if they were separate documents. Mr. Criste said there had been some discussion about how to treat the specific plans at the end of the process because the purpose of the specific plans in many instances had been achieved or was being achieved. Mr. Drell could address that, but their intent had been to perhaps create an appendix for staff and it would be in the back of the document. It was not put into the draft. Commissioner Jonathan asked if it was the intent to do so. It almost implied that the detail would be in the appendix. He asked if there was an intent to provide that information and to create an appendix or not. Mr. Criste noted that the specific plans exist as documents and they have been processed through the city, some for more than 20 years. 41 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 Commissioner Jonathan said that in other words they hadn't been amended. They were referenced here, but weren't here. Mr. Drell thought the most logical strategy would be to physically incorporate them, and he thought they pretty much had done that, by adding the policies of them into the general plan document. For example, relative to the land use element, all the land use policies and the land use designations of those specific plans are in the General Plan. They have treated those as amendments to the general plan. Relative to the specific discussions in that they do get down into a far greater detail, it talked about almost block by block in these areas, so logically they should be part of an appendix. He said they would try to get them to the commission for the next meeting. With regard to Table III-6, the University Park Land Use Plan, Commissioner Finerty noticed that for the Preferred Alternative there was a break down as far as the number of units for low density, medium, and high density. She asked if that same information could be provided for the other less intense and more intense ones. Mr. Criste said they could. They didn't have that break out currently for those alternatives. Commissioner Finerty said it would be helpful because when they are talking about total number of new units in that area, they knew what it would be for the Preferred Alternative, but for the Less Intense it would be nice to see the difference, as well as for the more intense. Mr. Criste explained the breakout they currently have between the existing General Plan for the City and the Preferred Alternative for the City with only a handful of other areas constitutes the lion share of the difference. So where they have 60 some hundred units available under the existing General Plan, under the Preferred Alternative the additional units are largely attributable to the university park area, which was probably another 2,000 units approximately. Commissioner Finerty asked how much less intense and how much more intense it would be based on the other amounts they have. Mr. Criste said it would be more intense by about 30% and he hadn't evaluated the less intense alternative. 42 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 Commissioner Finerty said she would like that information. Chairperson Campbell asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one. Mr. Drell said that what they would talk about first was the area south of Country Club to the southern limit of the city. He would highlight some of the areas of interest and concern, either areas which were discussed by GPAC or areas on which they received some correspondence. He explained that he would like to talk about some of the individual property issues and then they would let the individual property owners make their comments about them. Starting at the bottom, he pointed out a 12-acre area at the southern edge of the city which he said is directly south of Canyons at Bighorn. He said it was the only remaining area in the city that wasn't developed as part of Bighorn. He noted that there was an in-holding of 12 acres in the beginning of the foothills there. Under the current general plan, this was identified as flat land and was designated as low density residential and zoned at five units per acre. Based on an assessment of the exact topography, that property has slopes with an average of about 20%, therefore, it met all the physical characteristics of a hillside property. It is directly adjacent to and of similar characteristics as the Canyons property directly to the east which is designated as Hillside Reserve. Therefore, in that it shares all the characteristics of similarly situated properties,they determined it should be classified as Hillside Reserve. He said that meant a significant difference in developable potential from five units per acre to one unit per five acres. He thought that property owner would want to talk to the commission about it. Another area of change was on the north side of the flood channel at Cook Street. He noted there was a golf course and driving range there now which had been acquired by the Recreation and Park District. On previous maps it was shown as public open space and a park. In reality it is a privately owned parcel that had been leased to the driving range and was now no longer leased and wasn't acquired as part of the park. It is currently designated as low density residential. Wedged between the driving range and channel, that probably wasn't a particularly realistic land use. He said the property 43 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 also has a sewer that goes through it which constrains the north part of it. Therefore, although it was probably three acres, only an acre was developable. Staff was suggesting that the property be zoned for professional offices. He believed that was what the property owner was requesting. As previously discussed and would be discussed later, the area along the north side of Highway 111 between Monterey and Las Palmas was the subject of a lot of discussion in the specific plan which he would review and he would talk about those later in detail. Another item of specific interest and conversation dealt with the northeast corner of Country Club and Monterey. It is currently zoned medium density residential and they have had several applications for commercial developments and neighborhood shopping centers on that corner. Although in the preferred alternative it remained medium density residential, in the more intense alternative it was designated as neighborhood commercial. So the EIR was able to analyze the impacts of it as neighborhood commercial. The GPAC in the absence of a specific application was hesitant to recommend any changes to that. The property owner would be shortly coming before the commission and asking for that change. For that property, staff would be recommending that for the time being they keep it as medium density residential and create within the text of the General Plan in essence a study zone which says that given the unique location at Country Club and Monterey, one of the busiest intersections in the Coachella Valley, that maybe residential was not necessarily the most appropriate use. So giving it a study zone asterisk in addition to the base zoning would in essence indicate that the City still has an open mind on the property pending a specific application where they would go through the normal hearing process with focused attention on a specific project where the neighborhood could specifically see what is going on. He reiterated that staff was recommending staying with what we have, but using a study designation and keeping an open mind. An area that came before the commission six or eight months ago was the northwest corner of Portola and Frank Sinatra. There was an application for an office project on that corner. The Planning 44 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 Commission recommended approval of the general plan amendment. In general GPAC declined to get involved in specific parcel issues in that they felt those were more appropriate for the normal focused hearing process on a particular project and parcel, so they declined to endorse office at that corner. Mr. Drell noted that it is at a major intersection of arterials and might be a good candidate for the study zone, both from a livability point of view from the residents that might have to live there and secondly, from an urban design point of view where they have residential projects they end up with walls around corners. Where they have commercial or office projects, they have in essence a project that faces the corner and is open. He thought this property might be another candidate for a study zone. So within the city limits, those were the primary changes other than the three focus areas (the university area north of Frank Sinatra, the Portola area, and the Highway 111 area). He said the commission might want to give those property owners an opportunity to speak and make their case and either agree or disagree with the designations. He suggested that they open up the public hearing for comments on areas excluding the university park area, excluding Portola, and excluding the Highway 111 alley area. Chairperson Campbell noted that the public hearing was open. She indicated that she had some Request to Speak cards where people said they wanted to speak regarding the general plan, but didn't mention which area specifically, so if anyone wished to speak regarding this specific area, they could address the commission now in FAVOR or OPPOSITION. MR. LARRY BROSE with the Mayer Corporation, 660 Newport Center Drive in Newport Beach, California, addressed the commission. He stated that they are the owners of the property at the northeast corner of Country Club and Monterey. It is an 8.6-acre undeveloped parcel with a medium density residential general plan and zoning on it. He said he was here tonight with Herb Lundin and Greg Beaver of Lundin Development Company. He said that the commission was just handed a packet. He said Lundin prepared that packet and they 45 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 would be their developer partner on this property should they be granted the request put before the city. He stated that in January they submitted a general plan amendment. He said it was included in their packet and soon they would be ready to submit all of their application for site development review and design review process. Their request right now was for the commission's consideration of the commercial designation on their property, and as Mr. Drell mentioned, this was an alternative analyzed in the EIR. To do it now, so they could move forward on a property that was really ripe and ready for commercial development. He said it is at an intersection that was if not the, was one of, the busiest intersections and cross roads in the community. It is a busy intersection and they believed that commercial use made more sense than a residential use. He said they have a lot of interest from a commercial standpoint in the property. They have a major anchor, Henry's Market, who was ready to open business there as soon as they could build a store. He explained that Henry's is a specialty retailer. It focuses on fruits and vegetables and was like a Trader Joe's, but leaned more toward the fruits, nuts, grains and vegetables. He said there isn't one in the Coachella Valley today. Their mission is to have one in Palm Desert and the border between Rancho Mirage and Palm Desert was a great location, one in La Quinta and one in Palm Springs. This would be one of the earlier stores. He said they also have Walgreens as the other anchor on the property. In their packets he said they would see some quick architecture designed by Jim Joffy, their architect, which would give them a little character idea of the project they intend to build. He noted it is across the street from Plaza de Monterey, which has an empty store or an empty box on it right now. The Albertson's moved to the other side of the street. They believed, and their developer partner believed, that the two centers would be complementary to one another and their center would actually help the commercial center on the other side as well. With the commercial development on their property, they would generate the trips that would warrant the signal 46 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 at the intersection of Via Scena and Country Club. He said Via Scena is the intersection immediately east of Monterey. Mr. Brose stated that Mr. Mayer subdivided and built the Merano residential project, which was their neighbor. He said they were conditioned to fund through their assessment district the signal for that intersection, so the money was sitting there ready to go. They just needed to generate the trips to justify the signal. The commercial center would do that. In the traffic analysis they completed on more of a focused level, it demonstrated that a commercial center would generate the trips for that signal. A residential use would not. He said they have met with the Merano neighborhood, they met with the board of directors, with the homeowners immediately adjacent to their property, and with the entire group of those that wished to attend. He said they listened carefully to the issues brought up and came back to address those issues. He said the concerns centered on views, security, traffic, setbacks, noise, and that kind of thing. He believed that they have met their needs through their site plan, through their architecture,they have a great sense of pedestrian scale on their project, it is user friendly and they believed it would be a great stroll from their subdivision or other subdivisions in Palm Desert or golf carts to their center and would make a great addition to the community. Bottom line was they were looking forward to getting this project built. Their request at this time was to facilitate that and seek the commission's recommendation to Council for a commercial designation on their property. He said both Herb Lundin and Greg Beaver were present if there were any questions. MR. PATRICK PERRY, an attorney with Allen Matkins located at 515 South Figuroa in Los Angeles, addressed the commission. He stated that he was present on behalf of Cornische at Bighorn LLC, the owner of the property located along the southern boundary along the city limit of the city. He indicated that he submitted correspondence last week and didn't know if the commission had received it or had time to look at it and had additional copies with him. He said he wasn't going to go through the entire letter in detail, but he did want to touch on some of the major points. 47 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 He stated that the primary concern, as Mr. Drell mentioned, was that as presently proposed the general plan land use designation would severely restrict the amount of residential density on the property. It would decrease the residential density, at least on most of the property, an allowable density of five units per acre to an allowable density of one unit for five acres. In early August, Cornische had submitted a tract map application which proposed development of 57 units on the property which was the maximum permitted under the existing zoning and the existing land use designation. According to the Draft Comprehensive General Plan prepared in September, the existing land use designation for the entire property under the general plan is low density residential which allows up to five residential units per acre. The existing zoning on the property right now for an eastern sliver of the property was currently zoned Hillside Planned Residential and the number of residential units permitted there was subject to a slope density calculation. The remainder of the property, the bulk of the property, was zoned Planned Residential development with five units permitted per acre. He stated that the civil engineer who prepared the tract map did the calculations and determined that 57 units was the maximum that would be permitted and that was why that number was applied for on the tract map application. On the preferred alternative shown in the Draft Comprehensive General Plan dated July 15, 2003, at least the land use designation on the preferred alternative reflected the existing zoning. He said it shows that the portion of the property currently zoned hillside planned residential is designated hillside reserve. The remainder of the property which is currently zoned Planned Residential five units per acre is shown to be low density residential, which is slightly reduced from the existing and allows up to four residential units instead of the five currently permitted. That was their understanding when they first reviewed the general plan. That preferred alternative is also the same one currently in the Draft EIR. It wasn't until August 18 that a new map was proposed which reflects the redesignation which is different from the July 15 map and shows the entire property now to be hillside reserve instead of a portion of hillside reserve and the rest low density residential. He urged the commission to leave the designation the way it is in the Draft Comprehensive General Plan and the EIR. Not only did the 48 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 preferred alternative show the general plan designation to be the combination of hillside reserve and low density residential, two other alternatives that were studied, the less intense alternative and the more intense alternative also showed that designation. The only thing they were able to identify that changed between July 15 and August 18 is that Cornische submitted their tract map application. This to them looked like it was done as an after thought in order to redesignate the entire property as hillside reserve instead of only the portion. It looked like the after thought was made in direct response to the fact that an application was submitted. As such, they felt this redesignation between July 15 and August 18 is not based on substantial evidence, it had not been considered in the Draft EIR because all of the land use maps that were shown in the Draft EIR are the July 15 designation and not the August 18 designation. So he urged the commission to keep the map the way it is, allow the development to go forward, allow the residential density for this property to be established through the tract map application process instead of sort of cutting it off at the knees at this point through a drastic redesignation through the general plan update process. He encouraged the commission to read the letter and if they needed additional copies, he would be happy to provide them. He said it laid out these points in more detail and he was prepared to answer any questions they might have with respect to this. MR. PHIL CORDOVA, 72-624 El Paseo, Suite C-5, addressed the commission. He stated that he is the owner of the property on the wash at Cook Street. He noted that currently that property is zoned R- 1 and had some constraints to it with the sewer running along the northern part of the border and some additional costs as far as the wash was concerned and slope protection. He was proposing to have it changed to office professional. He said he is a photographer in the valley and his intent is to move his studio over there. Due to the nature of that property in that it is such a pie shape, there was a lot of area not really developable, but for him it would work well and it was his intent to create an outdoor location park on the back side of it and give him better use of it. As far as the impact on the area, he thought it would be less than homes. 49 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7. 2003 MS. MARGARET HARTSWORN, 74-038 Catalina Way, addressed the commission. She said her home was just off of Portola. She stated that she didn't know if they were allowed to speak up with all these professionals. She didn't know how many people present were average homeowners, but she didn't think it was clear what the general plan really entailed. The comment from the developer/gentleman from Newport Beach, she agreed with Phil Drell that the corner should be left an area of study. Yes, he probably got approval from those living in Merano and he said he addressed all their problems, but they just had a market move out. She didn't patronize it much, but she did go there when it was Lucky's, then Albertson's, and they moved out and went to the other corner and left that a big empty store. Now that gentleman wanted to put in Henry's Market, which would be very compatible with whoever would be in there. He didn't know who was going to be in there, so she asked how it would be compatible. If he wanted a Henry's Market, she thought they should remodel the old Albertson's building and go in there. She also asked why they needed another Walgreens to anchor it when there is a Walgreens at Highway 111 and Monterey. All this talk about low density, it was getting bigger and bigger. She said she has been here since 1988 and it had just gotten more condensed. They couldn't see the mountains anymore. She knew it was the same old environmental comments, but they used to be able to look out and see something. Now, even El Paseo Gardens from the original plan was going to be low and only Saks in the middle was going to be high. Now they couldn't see those mountains anymore. She asked when all this concentration for business and development, and she knew they had to prepare, but they had to prepare for 10, 15 and 20 years. She agreed, but asked why they had to put in things and then tear them out two weeks later. She asked if the powers that be weren't thinking or planning correctly. The only project she thought went fairly well was Fred Waring. She thought they did a phenomenal job, but even there they put in curbing and tore it out. They put the corners in, then tore them out. She asked how many times they had to make a mistake before it could go on. In the meantime, it was tearing up all their streets, the whole area, and they start another 50 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 project before finishing the last one. So she thought it needed to be planned and like the old saying plan your work and work your plan, but don't keep coming in. Then people come in and say they need a new shopping center there on the corner. Get rid of the other stores, they would move over to the new one and then the other ones are left empty in a big deserted shopping center. She mentioned the Rite Aid center and said that center was virtually dead. That was because people move on to the new shopping center. This gentleman was talking about Henry's and Walgreens, so she wanted to know how many other stores were going to be in there to concentrate in that corner. They already have Albertson's that were virtually covered by those two grotesque buildings in front of them. She thought Albertson's was going to have a glorious new shopping center. It was an improvement, but why they had to move she didn't know. So they built the beautiful Albertson's and then all of a sudden these big buildings are coming up on the corner in front of them. She knew that was over in the other area, but at the same time, why build another shopping center. Why couldn't they remodel and make new the existing one and get someone in there? That was her comment. She thought there should be better thought. Chairperson Campbell asked if anyone else wished to speak. There was no one. Mr. Drell stated that the next item they were going to discuss was probably the most substantive change they were addressing in the General Plan. He said the easiest and greatest opportunity to change things for the future was where we have vacant land and north of Frank Sinatra is where we have the vacant land. He said when the general plan process started three years ago, it was suggested we do a new general plan and his first reaction was we'll do a couple more golf courses, we'll have commercial and industrial up against the freeway and we're done. Why spend a lot of time agonizing over it. Just for practical reasons, our old document which was done in 1980 described a city that didn't really exist anymore and, therefore, the whole thing deserved a fresh look and they went ahead and initiated the process. We also got a letter from the Attorney General that said we needed to since we hadn't done it in 20 years. 51 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 He said that the first conclusion they reached, and if they looked at the map the color that stood out was yellow, which is low density residential. He said that the city has developed and continues to develop as primarily a low density residential area. Although they could see green, those were the golf courses at the Marriott and Desert Willow. If they saw the other golf courses, they would see that since 1978 or 1980 a good two-thirds of the real estate in the city has been developed in resort-oriented development. When they read the old general plan and if they remembered the 2000 Plan, the goal of the City was to become a world class resort destination. That is how they planned and that was the result. We succeeded very very well in becoming the resort destination of the Coachella Valley. He said they used to complain that whenever there was a news report they would talk about Palm Springs when it was really Palm Desert. Now if it is in Rancho Mirage, Cathedral City or La Quinta, they say Palm Desert. So we are the identified heart of the Coachella Valley when it comes to resort destinations. In the 1990's they began making an important decision, which was to invite a Cal State University campus to the city. After a lot of discussions and negotiations, we ended up with a deal locating a branch of the Cal State San Bernardino campus in the city. A master plan was drawn up, land exchange agreements executed with the Cal State system which should inevitably lead to a Cal State Palm Desert. Cal State universities, despite electronic learning, could be the most dominant institution both from an educational point of view and simply as a business in the community. In that north area where they immediately focused at the GPAC, the most obvious place to look at where to change things, the vacant land, it was clear that the nature, the characteristics, the needs and the opportunities afforded by the university campus were fundamentally different than a resort hotel. Whole communities exist and economies were based on their proximity to a California State University. So they saw that was going to be different. There would be students there, professors, staff, and a class of employees that would be significantly different than we're used to. If they looked through the EIR at average incomes and the type of employment of Palm Desert, it was dominated by service employees, retail employees, hotel employees and even the managers that work at all these places at the lower rung of the economic ladder in terms of management. The characteristics of employees who work at a university are significantly higher. They also looked at what would happen along 1-10. Looking at the map, they saw the traditional, old time commercial along Highway 111 which really 52 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 hadn't changed substantially since 1982 or 1983 when the mall was built. It just got filled in, but still hadn't changed. There was a blue area around Cook Street, which was the almost built out office industrial area. Everything else was basically yellow. So the impact of traditional commercial in the city had been relatively small. Even with that, when looking at the EIR, Palm Desert has the highest ratio of jobs in the city to population than any city in Riverside County. We have twice as many in terms of a ratio. So even with that, we dominate economically the valley mainly because of what happens and what has been happening traditionally on Highway 111. We are now getting up to 1-10 and from a purely land use compatibility point of view, he asked what the logical use was of 1-10. It would be more commercial. So they suddenly see the re-emergence after a fairly solid swathe of green, they were suddenly hitting another concentration of commercial / industrial uses at the interchanges. Since they built them, they had also become the logical location for rather intense retail use. The first task of the GPAC was to say, okay, hypothetically what did they think the housing demand would be resulting from the development of the university and the commercial / industrial / retail corridor along 1-10 between the University/Cook Street and Monterey. At that time using rather crude methods, they identified six million square feet of commercial development in addition to the university. There had been a lot of focus on how quickly the university would happen, how big it was going to be, and the university was just one business in what would probably be the most desirable commercial / industrial location in the Coachella Valley. Not only was it dead center, it was at the freeway. So it was center from north and south and east and west. Most businesses who desired to capture the whole market would want to be in the center. There was accommodation of the university on the east side, the six million square feet of commercial / industrial along 1-10, and then the regional commercial area developing at the Monterey Interchange with the Costco center now filling out, the future development of the Wal-Mart center pending the resolution of a lawsuit, the slow but steady development of the Rancho Mirage Marketplace with Home Depot, and the rest. They identified up to 20,000 employees that would be working in those areas and at the university and creating a need for up to 10,000 new dwelling units. They looked at the existing zoning and the existing traditional development 53 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 pattern in the area. If they were to extend just the yellow as the expectation had been, they would see maybe 2,500 units being built. Based on current market demand they would be primarily middle, upper end units like those being built on Shepherd Lane priced in the $300,000 to $400,000 range. More than a planner like himself, who is probably one of the highest paid public employees in the Coachella Valley, that was more than he could afford and was surely more than most professors or mid level managers could afford. He said there is a requirement in state law in the General Plan guidelines and the Housing Element that says we have an obligation to attempt to house the broad range of economic needs in the community. Therefore, from a pure housing need point of view there was a thought that maybe we should try to encourage or try to plan for something other than predominately $300,000 to $400,000 8,000 square foot lot single family neighborhoods. So the question became how to house that many people in the remaining area we have left. There are approximately 1,000 acres of residential property north of Frank Sinatra. The traditional solution has been two choices. The current standards require, if we have a single family home, it has to be on an 8,000 square foot lot, which pretty much dictates based on housing value if they build a certain sized house it dictates a certain cost. Now that market is somewhere in the $300,000 plus range. If people couldn't afford to live in a house like that, you build apartments. So our pattern has been pretty much since incorporation, low density single family for a certain segment of the population that can afford that product. If they couldn't, we build apartments at 18 to 20 units per acre. What has disappeared from the housing landscape, which began to disappear soon after World War II, was the California bungalow, the G.I. home after World War II which used to be found in the suburbs of the San Fernando Valley, medium density residential, and single family detached on 4,000 and 5,000 square foot lots. It turned out that many of the communities that have preceded us in developing, like Orange County which was the last one before the Coachella Valley started getting populated, a housing product they rediscovered now that they found that a large portion of the population didn't want to spend three or four hours on the 91 Freeway. Given the few pieces of vacant land left in Orange County, to try to address that need for those folks who still want to live in town in houses they can afford and not spend their lives on the 91 Freeway, that was now the dominant new product in Orange County on the little pieces of land that are left. Unfortunately there 54 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 is so little left, the development of those at a 4-8 unit or 6-8 unit density with a 4,000 or 5,000 square foot lot, it really had no impact on the overall housing market since there was so little left. The conclusion of the GPAC was instead of going the traditional route of low density single family and high density apartments, we should diversify the opportunities for the home buyer and preserve what they believe to be the ideal neighborhood for families to grow up in, which are single family neighborhoods and in essence rediscovering the medium density single family product, which is seven or eight units per acre. Therefore, they redesigned the medium density category in the General Plan to be 4-10 units per acre with the goal of getting something in between to help address the housing needs while still preserving the essential single family character of Palm Desert's neighborhoods. The other important concept that came out of GPAC was we became a world class resort community by benefiting from very highly skilled and sophisticated master planning. Through the efforts of Marriott and Bill Bone, we got world class resorts and they master planned them and designed them exactly to the specifications of the client market which was the second home buyer and the vacationer. One thing we haven't seen in Palm Desert since 1980 or since incorporation, was that same sort of planning expertise applied to a permanent residential neighborhood. As it applies to the university, one of the things that make for those people who have gone to universities that have been associated with a compatible synergistic surrounded community, it greatly expands one's experience in going to college. Having the university's boundaries extend beyond the physical boundaries of the school into the neighborhood community was an important thing he experienced going to U.C. Santa Cruz. In Boulder, Colorado, with the University of Colorado, as well as Yale, New Haven and Chapel Hill in North Carolina, what people experience, according to those universities, was as much the community around it as it was the university and when the representatives of Cal State talked to us, they were quite enthusiastic about the future of the university in contrast to what they are dealing with in San Bernardino, where the University is isolated from San Bernardino. In Palm Desert we have the opportunity to create a community that takes advantage of the opportunities of the University and allows the University to take advantage of the opportunities of the surrounding community. Therefore, what they saw there was a plan that tried to create two residential 55 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 neighborhoods, both with a variety of housing to try to address that housing need created by both the University and the commercial. He directed their attention to the block directly east of Cook Street, between Cook and Portola, and the block between Monterey and Portola north of Gerald Ford. On the south side of the block was City/Redevelopment-owned property that might or might not develop as an extension of Desert Willow. In each of these neighborhoods, what was important was that they function together integrally and not be a series of isolated tracts which has dominated single family residential development in the past. They have convenient internal access to commercial services that surround them and they have convenient access to the University. He said one of the problems we are experiencing relative to traffic in this town is significant congestion on arterials. One of the contributing reasons is that most developments and most tracts dump traffic directly onto arterials. People couldn't travel to any destination without entering the arterial system. What their direction was in designing these neighborhoods was to the greatest possible extent, residents within these neighborhoods could access commercial services or go directly to the University without having to enter either Portola, Gerald Ford, Frank Sinatra or Cook Street. The other feature of these plans was the location of schools. Our schools are a significant destination. In this neighborhood on the west side, the school district with jurisdiction in this area communicated to staff a desire and a need to develop a K-8 school. This was seen as an opportunity to create a significant attraction for the marketing of family residential property, providing an opportunity for trips and short trips to and from school to be generated within a neighborhood without having to create congestion and traffic out on the arterial. The suggestion of these land uses immediately created some concerns among property owners who have control over these properties. In today's market, the quickest and most profitable and most obviously finance-able type of development was low density residential. He was sure the entire area could be developed as low density residential very easily and very quickly, probably before any of the housing demand or needs were manifested by the commercial or the university. Going back to the discussion of looking at the next 18 months, two years, five years or look at trying to accommodate longer term need, he thought they were fortunate, whether due to his 56 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 persuasion or their own interest in the projects, property owners in both those areas have seriously looked at the issue of trying to master plan these areas and have come up with solutions which he believed substantially implemented the intent and goals of the General Plan. He said he would turn it over to them to describe their alternative land use proposals for these two areas. Going back to the long term versus short term issue, he said we need to provide projects which don't just respond to the nearest term market demand because once the land is developed, there was virtually no way to change that use in the future. The goal had been to provide projects and designs which provide reasonable opportunities, both for the short term, medium term and the long term. He felt the plans that are going to be proposed accomplished that and would create some great neighborhoods out there. He said he would like to turn it over to those that want to speak to provide their alternative visions for this area. Chairperson Campbell asked if anyone wished to address the commission in FAVOR or OPPOSITION. MS. NANCY YOAKUM, 43-625 Portola Avenue, addressed the commission. She said her home is located between Fred Waring Drive and Rutledge Way. She said she didn't know if she was speaking out of turn, but she got up at 5:30 a.m., worked 10 hours and her family was really hungry and would like dinner cooked tonight, so she wanted to address the commission and say her piece. When she first moved into her home on Portola Avenue, Portola was a two-lane street. The City decided to expand it and make it two lanes each way, taking away the ability for her or anybody who was going to visit to park on the street, and increased the traffic flow. Now the City has plans to eventually connect Portola all the way up to Interstate 10 which would increase the traffic even greater. She received a notice dated September 19, 2003, which stated that the City is planning or discussing rezoning her property for small professional offices because of"significant noise and safety problems, especially for residents backing out of their driveways, of which she was one. She said she and her husband fumbled through the website and tried to do their best getting through the thousands of pages of the General Plan trying to get to their specific area. Finally her 57 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 husband contacted the City to inquire what type of impact this would have on them. He was told that the City wasn't going to be involved with the exception of the rezoning. This wasn't an eminent domain project, but they might be contacted by a developer independently if and when they were interested in making an offer on their property. She felt this was a safety issue which the City has a responsibility to address. The City is the one who decided to rezone and the City is deciding to connect Portola to Interstate 10, so she felt the City should take ownership of their home, not a developer. The safety issues needed to be remedied immediately. The extension and rezoning of Portola Avenue didn't address the safety issues. Since the City hasn't addressed these issues,they have looked into and attempted to move to a safer street. However, realtors were declining to list their properties because they must disclose this legal notice stating that no one would be interested as far as a single family homeowner in making an offer on their property due to this rezoning. She felt they were being stripped of their rights as homeowners and that their lives were on hold indefinitely. She hated to think if her husband had to relocate to another area that they were stuck in a position they shouldn't have to be in. They should be able to sell their home at any given time and she didn't think it should just be left up in the air not knowing one day to the next when and if this will happen. She wanted to know how this would be addressed. MR. PAUL BRADY, 78-694 Cimmaron Canyon in Palm Desert, addressed the commission. He stated that having spent 45 years in local government, as well as the private sector, he could appreciate what they were going through in trying to rework the general plan. He was privy to and worked with developing a general plan for one of the nation's largest planned communities, the city of Irvine, and spent the last 28 years there, the last ten as city manager. He noted that the task before them was not an easy one as they went through and tried to continue making Palm Desert the premier community it has become. He informed the commission that he was representing Alliance Retail Partners, the developers of the 23.6-acre parcel at Cook Street and Gerald Ford Drive west of the university or more commonly known as the University Village project. He said they would come before the 58 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 commission on October 21 with their project for their review and hopefully approval. Tonight as they discuss the Land Use Element of the General Plan amendment, Alliance Retail Partners asked for their assurance that the GPA map accurately depict their property, the University Village project land, as mixed use retail and office development as depicted within Planning Area 3 as an amendment to the prior approval of the Wonder Palms Development Agreement dated October 24, 1997. The previous map in his view didn't properly identify the parcel and he hoped that had been corrected by Mr. Drell and the staff. He stated that city staff and the developer found the University Village project to be consistent with all the elements of the General Plan. They further believed that the land use is consistent with that which is allowed on the general commercial land use designation. Their mixed use project, going to the commission on October 21, promotes and enhances the policies of the general plan including the planning uses which were complementary to the university park planning area. At the October 21 meeting, it was their intent to bring before the commission the amended request presented to them at the September 2, 2003 meeting. At that time they would ask the commission to consider their zone change, the precise plan and any and all amendments to the Wonder Palms development master plan. Alliance Retail Partners encouraged the commission to hear the remaining testimony before them this evening on the land use element and any other elements that remain to be discussed and approve the GPA at their earliest possible convenience. With the correction of the map, they hoped that this would satisfy their concern. Their mixed retail / hotel /garden office project was at a very critical stage. He said they would hear that many times, but time was of the essence for their project to move forward without further delay. Any delays to the GPA approval and more specifically the university village project entitlements would result in the project losing its economic vitality and feasibility. He thanked the commission for their attention and consideration as they reviewed the two remaining general plan amendment considerations tonight. He noted that he and Rick Evans were available to answer any questions. 59 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 In response to Ms. Yoakum, Commissioner Jonathan explained that the commission wasn't ignoring her, they were just going to defer their discussion of the whole general plan amendment to a point after which it was all presented and all the public had an opportunity to give input. Her comments were heard and they made notes of her comments and would take them into consideration. He didn't want her to be offended that they weren't responding immediately. MR. ROBERT PAUL, 74-100 East Petuna Place, addressed the commission. He said they heard discussion with regard to apartments, but didn't hear any discussion about the possibility of condominiums or town houses instead of apartments. The apartments we've had here have had lots of problems and he thought they had pride of ownership at a lower price that even Mr. Drell could afford on his salary. He thought pride of ownership was important and a big plus to the city. They wouldn't have the problems like they do at One Quail Place and other apartments. He thanked the commission. MR. MARVIN ROOS of Mainiero, Smith & Associates, addressed the commission. He explained that they were representing a consortium of property owners: Ponderosa, World Development and MacLeod Couch land. He said that was the area from Monterey to Portola, about 300 acres. They had been working back and forth with staff and had the additional intrigue and complication of a school site, etc., and they had something before the commission, something they had reviewed with Mr. Drell and thought it would make sense for this area. It would include a variety of housing types, a variety of commercial developments, as well as the school site. Starting at Monterey, he said there wasn't a lot of change. Commercial would be along Monterey and potentially they were looking at high density residential, but it was a study area. There were two high density residential pods on 35th Avenue and on Gerald Ford that would be along Gateway Drive, the new road that would be behind the commercial development north of Avenue 35. Moving a little to the east, they placed a school site with the aid of the Palm Springs Unified School District that would be surrounded by residential development with a little commercial on one side, pedestrian and street connections all around that area, and it was one 60 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 of the slightly less hilly areas of that region, which was a little difficult on a school site. Moving over the 160 acres to the east of the school site was a medium density residential area at Dinah Shore and 35th; low density residential which was basically what it had been. The existing Southern California Edison utility site was right at Portola and Dinah Shore, and service industrial which was a continuation of that service industrial area coming from the existing proposed development just north of Avenue 35. He said they have been working in concert with the staff on this and thought that the uses were compatible and meet the demands and needs. On a redesign just on a portion of the low density area, they actually picked up ten units, so Mr. Drell was giving points now to people who were picking up units in these developments. So it was zero to four on the low, four to ten on the medium, and then the higher density. He thought the service industrial was important to basically create some noise blockage from the freeway and railroad tracks. If they looked at the statistics and the circulation guide, the freeway was looking at over 200,000 cars a day at buildout. Right now it was about 60, so there were some significant increases in noise and traffic along that corridor. He hoped that Portola could happen, although there were certainly some constraints on the north side of the freeway to having any real meaningful traffic coming across Portola, but at least people could get off and come to this area. He hoped the commission would concur with their request. He said it was a little less intense than what Mr. Drell wanted to see originally, but he thought they were in the ballpark in trying to coordinate with that neighborhood formation that is part of the general plan. He said there were others from those properties here tonight and they might add a sentence or two, but they would try to keep it short. He asked for any questions. Commissioner Jonathan asked if the medium density Mr. Roos talked about, if he would anticipate condominiums, single family detached homes, rental properties versus ownership, etc. 61 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 Mr. Roos said that in terms of what they had seen so far they still thought it would be ownership. Certainly they were working on projects up to ten units per acre that are detached, so that was still a possibility. The product they had seen in Brea and other places are a higher density detached that are single family ownership. With the changes to state law relative to construction defects hopefully helping some of the condominium market, they might see some of that. He said they were working on a couple of projects in the Palm Springs area that are condominiums, so they had their fingers crossed on that issue. That seemed to be coming back. One of the projects west of Gateway was proposed as a rental, so there would be a mixture of variety types. Commissioner Jonathan said the high density residential they would anticipate would be rental and most typically apartments. He asked if the school/park was a proposed high school. Mr. Drell said it was K-8, elementary, and a middle school. Depending on how an association develops with Palm Springs, the vision was that it would be a school / park combination like Washington Charter School or with the school on Country Club. So it would be a neighborhood park and a school site. Commissioner Jonathan asked if that was within Palm Springs Unified School District. Mr. Drell said yes. Commissioner Jonathan noted that they were also planning a high school. Mr. Drell said yes. Commissioner Jonathan asked where it would be located in relation to this one. Mr. Drell said it would be across the street from Portola northeast of Gerald Ford. Back to the question regarding high density, Mr. Drell said that high density started at ten units per acre. So he would assume and would encourage that between ten and 20 there was a lot of room for condominiums. The goal was to have as broad a variety as possible, not limiting choices, and allowing people to buy. There were a lot of different variations of design they could do between ten units per acre and 20 or 25 units per acre which is what they had at One Quail and San Tropez. He hoped they could address all the facets of the housing market. Chairperson Campbell asked what Mr. Roos was planning for the commercial. Mr. Roos said there was nothing specific for the commercial along Monterey. He thought it would be complementary to what was happening to the north. At the corner there had been some discussion 62 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 of another neighborhood center to serve the residential needs that were coming around. In terms of that proposal, Mr. Drell said it fit somewhere between the Preferred Alternative and the Less Intense Alternative in terms of unit count. MR. GARY ARMSTRONG with RBF Consulting, 74-410 Highway 111, addressed the commission. He said the overall area they had been calling university village in the past was 2,075 acres and this area in this presentation they were talking about tonight was 280 acres. They have been working in collaboration with City staff, Cornerstone and ART to develop a design framework for university park and they were requesting the commission's endorsement of this conceptual vision, both for land use and community character. They envisioned a walkable mixed use residential community contiguous to the university campus and the commercial areas to the north with employment, shopping, and recreational amenities all within the community. He gave a power point presentation and explained that the property was bordered to the north by Gerald Ford Drive, to the west by Portola Avenue, to the east by Cook Street and to the south by Frank Sinatra Drive. He said there were approximately 280 acres with mixed use commercial and commercial uses along Cook Street. High density residential would be around Gerald Ford and would transition to medium density and low density residential adjacent to the proposed city golf course to the south. Comprehensive multi use trail and pathway system would safely connect all areas of the community and an internal collector would enforce the walkability and the potential use for electric or golf carts in this area. The non-residential buildings would be oriented to the street and would be shaded with landscaping and have pedestrian- friendly walkways. The mix of uses were shown with approximate acreages and low density residential being the predominant use. Medium was at 58 and high density at 55. Quasi public commercial was 15, mixed use commercial 21, commercial 33, office 7 and three separate parks at 11 for approximately 280 acres. They felt this balance of land use mix would allow the residents to live, work, shop and play within the project itself, reducing the demands on Palm Desert's existing arterial highway street system. He 63 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 said they would also be providing design guidelines which would be incorporated in the review process to reinforce and maintain the city's image. He showed slides intended to depict the design character and the look and feel of the proposed project. He said the low density residential was fairly traditional. There were examples of typical plottings of these types of units. He said they were talking one to four units per acre and very traditional for what was in the city. Medium density residential would range from five to ten units per acre and they could see in the overall that it was a little denser, but they could still very easily provide single family residential, courtyard, and a little bit smaller lots. They wanted to focus on the street scene and getting the garage doors to not dominate the street scene, so the architecture was forward and there were varying garage placements within the project and a lot of articulation in the architecture. He said the higher density residential could be many things other than apartments. He said the bungalow style could be placed on a very small lot, there were courtyard lots, clusters, zero lot lines and a wide variety of mixes. As mentioned, the more recent legislation was allowing condominiums to come back in So. California on the construction defects. On the 10-22, ten was the upper end of the single family end and there was a wide range of products now and there were some very exciting products available based on what the market would bear. The commercial and mixed use was a very exciting area adjacent to the campus and a walkable distance from these residential uses. They wanted to create a sense of community and a sense of identity that Mr. Criste was talking about at the start of the presentation tonight. He said office might be included in the mixed use area and there was a separate office area. They wanted to put those buildings out front and put the parking behind it so they didn't have a car dominated street scene. They also wanted to provide for the jobs to housing balance that Mr. Drell was talking about and hopefully residents here could walk to work. The quasi public included churches, community centers, libraries, senior centers, day care, and public service. The concept was a resident would be able to go to church, perhaps play golf, and pick up 64 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 their dry cleaning all in their golf carts and go home. Their street scapes and gateways in the landscaping area would be in keeping with Palm Desert standards. They anticipated the Cook Street side by the commercial to be a little more town oriented and as they transitioned to Gerald Ford, the more residential side would be more natural, native landscaping, but in keeping with the desert theme. There would be numerous trails and access ways throughout the community. All areas of the project would be accessible through this trail system, especially the three parks that would act as identity nodes for the various neighborhoods. He said they were asking for the commission's endorsement of this concept so they could move forward. The next step for them would be for them to provide greater detail in the form of a master plan and design guidelines. He asked for any questions. He said there were representatives from the developers present as well as their engineering expert if there were technical questions. MR. DON THOMPSON, 43-845 Portola, addressed the commission. He said Portola is the most discriminated street he has ever seen in his life. All the trucks that come off the freeway don't go down Cook, they don't go down Monterey, they go down Portola. They have a narrow street and their parking was taken away from them. They kept dangling this in front of them that some day they were going to widen Portola. Why not do it now? Property would cost them a lot more the longer they put it off and it would be much more expensive for the City. He wouldn't be here 100 years down the line to see what they did with the city. He said it is a wonderful city and what they did with Fred Waring is outstanding. He said it was time to do something with Portola. And now they were going to open it up to the freeway. He suggested they live on Portola to see what goes on there. When he wanted to back out, he had to watch out for the kids, then he had to watch out for the trucks, and then the traffic because of the school, there was no point in him even trying to get out of his driveway from 2:00 p.m. to 4:00 p.m. because of the schools. He thought it was time for them to do something about Portola and get them out of this. They couldn't sell their houses, they couldn't get in and out comfortably and he didn't know what was going to happen. He was told 20 years down the line they might take their houses. He 65 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 didn't know at age 99 how big of a house he would want to buy, but it would be in Palm Desert if he could make it. He asked them to please give them some consideration and straighten out Portola. He was speaking for a lot of people on Portola. One young lady lived at the corner of Portola right where the right turn is and he suggested that she get a hummer to get out of there in the morning because she had to work at the hospital. He said if he was her, he would get a tank to get out there. They couldn't move on that street. He appreciated the fact that Monterey is a prettier street to have nicer homes, and Cook is a wonderful street with nicer homes and golf courses, so he didn't represent all those people with all that money. He represented a bunch of people who would like to be able to move out there or do something with the area to straighten it out for them. He said he didn't expect an answer tonight, but tomorrow would be okay. MR. JEFF SCHROEDER, a Vice President with Ponderosa Homes, 400 S. Farrell in Palm Springs, addressed the commission. He said they are a private home builder based in Pleasanton, California, and they have local offices here. He thanked them for the opportunity to speak about the General Plan Update. They are relatively new comers to the Coachella Valley. He said they opened up their first project earlier this year in La Quinta called Mosaic at the corner of Fred Waring and Jefferson. He said it was a traditional single family project. It wasn't in a resort community and said they were addressing a market they thought there was a lot of demand for, which was move up families from the local area. He said the homes are very attractive and encouraged them to go visit that project. He hoped they would be impressed with the Ponderosa quality and style they were bringing to the Coachella Valley and hoped to add to Palm Desert. They purchased the property located at the corner of Portola and Gerald Ford in November of last year with the anticipation of developing under the existing zone at that point. He said they were a little bit shocked to be forced into a moratorium along the way; however, they understood the desire of the community to look into the future and plan for changes that would occur with the university and other things they wanted to plan for. So they stepped back and had taken some time to work with their neighbors, including the MacLeod Company and World Development, the school district, and Noble Company LLC to try to come up with a 66 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 plan with Mr. Drell's guidance that might be a more acceptable alternative for both the city and the owners out there. He said that plan was recently presented by Mr. Roos and they believed they were on board with that concept. He thought that was a concept that would allow them to move with a project that meets a serious need for existing move up housing in the area and provides for future higher density options on a portion of that site. He said it was connected to the school district site and would create a very nice neighborhood for the community and he urged them to support that alternative. He asked for any questions. Chairperson Campbell asked for clarification on the location. Mr. Schroeder said it was approximately 130 acres at the northwest corner of Portola and Gerald Ford. Commissioner Jonathan noted that there were 130 acres and they had a yellow square on the map indicated as 80.87 acres. Mr. Schroeder said there were 80 acres they were proposing as low density and approximately 37 acres as medium density to the north. MR. RICK POST, 77-125 Indiana Avenue in Palm Desert, addressed the commission. He said he had the privilege and honor of serving on the General Plan Advisory Committee, as Mr. Drell alluded to as GPAC. As they knew, because both Chairperson Campbell and Commissioner Finerty both served on that committee, there was significant debate and discussion regarding the university village concept. The feeling was that there is a need for mixed use commercial, but also housing for families and seniors, as well as faculty, staff and students that would in the future be coming to the university. Probably one of the most significant aspects of this whole area was he heard many comments from very good folks, well-meaning folks, saying in essence that we have a certain formula that has worked for us in Palm Desert for many years. Mr. Drell alluded to that. When the City invited Cal State and then later UC Riverside onto the 200 acres at the corner of Frank Sinatra and Cook, those things changed and 67 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 the formula changed. The commitment the City needed to make to the university, to the families and folks that work there, changed as well. He thought it was important that the whole concept of the university village was to enhance both the education and the cultural experience for the folks in Palm Desert, as well as individuals around that area. He said he was very encouraged by the presentations by the developers, particularly the last one with the university park because he thought that was what many of them had in mind. He was also pleased to see how the apartment concept was addressed. For a lot of folks when they think of a university and for most of the folks in the audience that weren't aware, he spent about 30 years in the education business, was currently a dean at the College of the Desert and worked 14 years for Cal State University as a business law professor. He wanted to kind of dispel a couple of myths. One was that this Cal State campus would be populated by a lot of youth desiring to live in big box apartment complexes and tune their cars and drive their motorcycles in the neighborhood. The average age of the students that would probably be attending this campus would run between 22 to about 35. They would be taking upper division and graduate studies classes. Something else most people were not aware of is that student housing was virtually nonexistent on Cal State campuses. Some of the larger campuses with many more hundreds of acres than this facility would have house less than 10% of their freshman class. This particular university would probably enter a genre that was brand new to the Cal State system. Because of budget cuts, he proposed and submitted to them that this campus would probably, once it was built out, would concentrate primarily on upper division and graduate studies. That was because of budgetary constraints and other problems. That wasn't to say they won't have a freshman or sophomore class, but it would be a reduced population. As an example, Cal State Fullerton has quit accepting applications for freshmen and were cutting back the freshmen class applications to a fraction of what it has done in the past. Cal State San Bernardino has had to do likewise. So they were going to see more resources in the Cal State system given over to upper division and graduate studies. 68 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 Consequently, the average age of the student population was going to increase. The faculty staff in that area would be a significant portion of that population, as well as seniors who would find that the cultural opportunities from the campus once it was built out would be substantial and significant. They would be drawn to concerts and plays, poetry readings, and other cultural events on the campus like art shows. He thought that was important. In closing he wanted to say that a lot of effort went into this plan. Two years of the committee's time, and he said he would embrace the plan and that it was positive for Palm Desert and it was very important to be patient and allow this area to develop according to the plan and not respond, as Mr. Drell indicated, to market forces that would have us surround this university with country clubs and other forms of retail rather than some of the more thoughtful plans introduced this evening. He thanked the commission. Commissioner Jonathan said they had not been provided nor asked for minutes from GPAC. He said they received periodic updates. He understood the conclusion and the majority vote that resulted from two years of dynamics, but he asked if Mr. Post could give them some insight into the dynamics that resulted into that conclusion. In other words, was there dynamic discussion, was there an opposing position, was that opposing position strong or was their unanimous direction right from the start. Mr. Post said there was vigorous discussion, dramatic opposition to some of the concepts and frankly many of the folks who went over to the notion of the university village concept. There was never unanimity from the beginning. There happened to be what he felt was a very good mix on that committee, both from folks from the developers' side, the public side, from the private sector and again, Ms. Finerty and Ms. Campbell both sat on that committee. He thought there was a good cross section. He felt very privileged to actually be on the committee. He said there were a number of current educators as well as past educators. Dr. Bill Kroonen, former President of COD was on that committee, and others from the educational community. 69 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 He thought there was a good mix and excellent discussion. He felt the City was extremely forward thinking in bringing this process together and it was one of the reasons he was so pleased to serve on it. It was not an easy sell on the university village concept. He wasn't quite sure who coined the phrased. He borrowed a similar phrase when he made a presentation to the group and he had borrowed it from the notion of campuses like Westwood Village, UCLA and other campuses like Chapel Hill and others that Mr. Drell alluded to. For him, it was the notion of having a place that is very positive and very proactive for students, their families, but just as importantly the faculty, the residents and the staff that would be in that area. He said there was vigorous debate and he felt very positive. He thought there was, after a time from the developers, there was an acceptance that this did make sense given the direction that the City placed themselves in by giving this land to the Cal State system. Going back to the student housing issues, even completely built out this would be one of the smallest if not the smallest Cal State campus in the system. They weren't going to use their resources to build student housing. MR. JIM LEWIS, 43-210 Silktree Lane in Palm Desert, addressed the commission. He informed them that yes, at the beginning the developers that were involved on the committee as well as some public, they were adamant to let the market drive. And that was basically what they heard until they started talking about it and thinking about a concept, about realizing that this university campus was going in there and what it would be like surrounded by gated communities. So he was awesomely delighted by the positive attitude he had heard tonight by some of the developers. It seemed that the initial shock of not letting the market drive, they had taken a step back and thought about it and looked at it and actually came to conclusions that we can work together. That this whole concept, given the last small bit of land we have so far in Palm Desert, we can work together. It was too valuable to leave to happen stance. Some say let the market drive it, but if they did that, they would see haphazard development here and there, as they were seeing already, that would somehow get put together. But they all have walls. Every 70 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 development out there has a wall that will keep us from having a cohesive plan out in that northern area. What the Planning Commission was not doing tonight, they were not deciding upon details, and they have seen quite a lot of detail of what might be going on. They really weren't doing that and they weren't limiting development, although they might be delaying it. Would they be supplying all the housing necessary for all the jobs and the university? No, they weren't doing that and didn't plan on doing that. But he thought they could tread lightly and slowly and come up with a plan that could envision that university. A few years ago that decision was made to give the land to the university. That irreversibly changed the outlook of the city of Palm Desert from now on. What they were doing tonight was attempting to come to a consensus with an overall general plan that would accommodate housing and commercial needs of the university for years to come. Some voices had deemed it desirable to allow just market driven development to come in and even people on the committee did say they could live in Cathedral City, they could live in Indio and Mecca and get on the bus or it was right next to the freeway, so they could drive. Why not envision something they could put together like they heard tonight? They could live there, work there, go to school there and they wouldn't need the buses, they wouldn't need the parking lots or at least less of them. Forward thinking people should not expect Cathedral City or Indio or Thermal to house students coming to the University of Palm Desert. We have a choice tonight and in our future to accept an abstract pieced together puzzle of this northern area, or a blended and cohesive plan. He urged along with what he considered a somewhat consensus of GPAC, that they would endorse the village concept of actually planning that northern sphere appropriately as it is outlined in the general plan. MR. TOM NOBLE, 42-620 Caroline Court in Palm Desert, addressed the commission. He apologized for the lateness in providing the commission with a letter prior meeting and a letter from today with a little hand colored map he did. He said he was just addressing one piece of property. By seeing the street alignment as it would be when Dinah Shore Drive was extended to meet Portola Avenue, they would 71 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 see roughly the 29-acre piece of property which is now Parcel C of a parcel map waiver they did last year. As he read the proposed plan and taking the street alignment into account, they have a large portion of high density residential butting up to an oddly shaped piece of service industrial or business park industrial as it would be called, which in turn was contiguous to the south of an industrial park they were currently getting ready to start construction on. It seemed to him for a number of reasons that residential was not a good use in that area and it basically rendered the industrial portion, the light industrial, almost useless. He could see a lot of conflicts between the industrial and residential there. His request, and it went along with the other property owners in the area suggested, was that the entire piece stay with a business park/industrial use. He asked for any questions. MR. MYRON MACLEOD, 4035 Avenida Brisa in Rancho Santa Fe, addressed the commission. He said they had been jumping back and forth from different projects and he just wanted to go back to the one Tom Noble was just talking about. He said he would be brief and wouldn't repeat the things Marvin Roos already said. To tie this together in his mind, he wasn't a professional consultant, he was a member of a family group that has owned 70 acres here and this parcel for about 30 years. The commission heard different people before them tonight. Using the map he showed the commission the location of World Development, Ponderosa, Tom Noble's property, and their own property. In listening to the previous speaker regarding the advisory commission, it struck him that he was very accurate. What they have here, and they have had their parcel 30 years, Ponderosa just bought theirs, World was somewhere in between, Sares Regis was further down, and they were all shocked by the moratorium, yet it brought them all together. So his comment was to bring more of a personal comment to this. He said this proposal was a best effort from all of them, and they were all motivated by what they want to do with their parcels, but it represented a best effort of them trying to get together with Phil Drell's department, with the school plans, and come up with a proposal. When they thought of the word that it is an alternative 72 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 plan, to him it wasn't so much alternative as it is a refinement of what the commission already recommended in that area. Looking at the map, the same uses were applied, they were just slightly modified to fit in more practical uses as to how these properties would be used. As an example, the original plan showed a different location. That seemed like a good idea because the school would be embedded in this nice, cozy neighborhood. In reality the school district wanted to have one side of their property on Gateway so they would have a better traffic flow for buses and a lot of parents wanted to bring their kids to school because they are worried about security. So there were things that all evolved out of this process. He said that was just an example of how they put their heads together to try to come up with a solution they thought was a good alternative. He asked them to give that some consideration. Commissioner Jonathan pointed out that the drawing indicated in the upper right-hand corner, the northeast corner, as service industrial use and they just heard from Mr. Noble and he presented a map that showed that as high density residential. He asked if that was because they were looking at different proposals for that same area. Mr. Drell said the preferred alternative showed it as high density residential. The fifth alternative restored it to industrial business park (since they would no longer have a category called service industrial). That was the difference. MR. TERRY GREEN, 48-555 Verbena Road in Palm Desert, addressed the commission. He said he was also the point course person for the University of California Riverside and its development of the campus site adjacent to Cal State San Bernardino. He stated that he wanted to make some very brief comments in support of the concept of the development of a university village/university park adjacent to the university properties. He was speaking to them in two capacities. One in his former role with the University of California Riverside on behalf of their project and one as a 25-year resident of the city of Palm Desert. He commended the Planning Commission and the City Council, both current and past, for the magnificent job of planning and developing this community. He said it was one that all of them that live here are so very proud of and it was really thanks to the hard work of the planning commission and council members and advisory committees that have come together over the years to give 73 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 careful thought as to how this community builds and what the role this community plays in the overall development of the Coachella Valley. He thought their leadership was to be commended over and over again. The University of California Riverside would begin construction next month on its building complex. They have a 20-acre parcel within the 200 acres thanks to the good collaboration with Cal State San Bernardino. As Dr. Post indicated, and he himself was also a 30-year veteran of higher education as well, what they were seeing evolve here in Palm Desert was unlike anything they would see in California. The adjacency of two of our primary university systems developing satellite campus facilities side by side. Not only that, the continued collaboration between these two institutions, both on what they are going to do here in Palm Desert, but in also tying those two programs together with College of the Desert, they were going to see a rather unique model for higher education in California and one which many of the state educational leaders are looking at as examples of what can be done in areas where there aren't full-blown university campuses yet. So for the City of Palm Desert to pause, take a step back and carefully look at the surrounding areas he thought was extremely important and commended those that have been involved in the planning process. The plans and concepts he was seeing and that they have looked at from UCR and what was being thought of as the development around this campus site were very pleasing for them. They were somewhat concerned about the nature of the development adjacent to this campus site. Like Cal State San Bernardino, they would not be able to provide resources in their initial development for student housing. Their initial focus would be at the graduate level and they were developing their primary focus around master degree programs and entrepreneurial management. They would be marrying that concept and degree with other technical majors in environmental science, engineering, arts management and medical management. What they would be seeing at the UC Riverside component here were graduate students from several majors taking the dual degree option for entrepreneurship and management at the Palm Desert campus. So they would be having a lot of the best and brightest students, not just from UC Riverside, but from the University of California system and with other universities 74 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 around the nation they were entering into agreements with to do joint programs with them. He said those students would be needing housing and they would need faculty that would need housing. He said they would very much like to see a university environment developed around this campus. They have a great collegial relationship with Cal State San Bernardino and they were actively working on joint degree options with them and joint degree possibilities with College of the Desert. He said it was a very exciting time for all of them and higher education in the Coachella Valley. He added that UC Riverside completely supports the development of a university village concept around this property. He thanked all the hard working committee members who worked on this. Since Mr. Green had been here a long time, Commissioner Lopez asked what he envisioned student attendance to be initially. Mr. Green said their initial core enrollment would be about 250 graduate students. In addition to that they would be having a number of other program options that would bring students from international destinations and other universities. He said some of those partnerships were still being formed, but their building capacity would only allow at one time 250 students in their two first facilities. He expected it would grow expedientially over time and student enrollment, but they would start out with about 250 full-time equivalent students and probably 600 or 700 bodies coming through the first year of operation. They would only develop the first eight acres in the first year and then they would grow from there. MR. JOHN COVER, Baxley Properties at Hovley and Cook, stated that he would be very interested in seeing an ice center somewhere in the quasi public. They had been thwarted in Indio and were shut down in the mall. He said he had been working with them somewhat and they have come up with a business plan. He hoped they would look at it as a possibility to do a joint effort with the public, the ice groups, the university with a sports program, it was a 501C3 charitable amateur sports situation and he thought it would be great to have a place for everyone to skate. 75 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 Mr. Drell asked for a show of hands of those who were present regarding the Portola issue and how many were present for the Highway 111 frontage road issue. (It was about equal.) He said they could address it all at once and have people talk all at once. Mr. Drell said that to a certain degree these were similar issues. Chairperson g P Campbell asked if they were going to do both of them this evening or if they should postpone it to next time. Mr. Drell said people were here and hopefully they could at least take their testimony. Commissioner Jonathan pointed out that it was the commission's intent to stop this part at 9:00 p.m. and hear some other public matters. Their other option would be to take public testimony, unless Mr. Drell's presentation was brief. Mr. Drell said he would try to make it brief. The Portola one was especially brief, but he would start with the frontage road one. He said the city developed and was laid out in certain ways 30 or 40 years ago. Over time things have changed and they have been trying to figure out ways to adjust to that change. In the area between Monterey and Las Palmas, they have a unique situation with a rather shallow commercial strip. They have an alley behind it and residents that back up right behind it to the north. Back in 1983 they examined this in the Palma Village Plan. The solution at that time was to take this entire strip, expand in a President's Plaza style parking area with lots that back onto that alley to create a common parking area and use that as incentive to encourage business property owners on Highway 111 to remodel, expand and everything else. Typically with the ownership pattern in this area, the size of the lots created a great constraint to invest in these buildings. One couldn't expand a building without adding parking and property owners typically didn't want to invest in their property unless they could add square footage and increase revenues. If they drive up and down town, this was 20 years later and was still a strip that had fallen behind the advances which the rest of the city has made. Although this scheme of creating this parking situation in the back was described in 1983 and again in 1987, it has never been implemented. The residential property owners had been left in limbo. They didn't know if they should fix their roofs tomorrow or if the City would turn it into a parking lot. The business property owners who might have plans to do their remodels didn't know when the City would provide parking. When the GPAC looked at it after 20 years and got some input from property owners, an alternative 76 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 scheme was suggested and they created a double row of parking down the center and only take 45 feet of the back ends of those residential lots, leaving most of the houses undisturbed. Some of the houses, depending on how the design went, might have to be demolished or purchased in their entirety. The main feature of the plan would be that the remaining lots would be, whether they had existing homes or not, would be developable with new homes along some of the lines they talked about previously relative to the smaller lot, single family detached design. That would finally finish out these circles with houses on both sides, which he thought was the most desirable residential environment for a residential street--to have houses on both sides. Part of the conclusion was based on their disappointment with the appearance of the back of Walgreen's. Back ends of parking lots no matter how they are landscaped still look like the back ends of parking lots. So that was the endorsed plan by the General Plan Committee. He said there could be an alternative three which only took 25 feet and therefore would provide half the amount of parking, but it would probably save all the houses. The last plan was to do nothing. He thought the consensus conclusion was that whatever we come up with this time, whether it was do something or do nothing, they have to follow through on it. To provide programs like this and not follow through was an almost blighting policy itself. It created a great deal of uncertainty and in itself created a disincentive to invest in the property. He asked for any questions. He noted that there were residential property owners present who wanted this resolved, as well as commercial property owners who wanted it resolved. It was now time for the City to make up its mind to do something or nothing, but whatever it was, create some sort of certainty for the future. Chairperson Campbell asked if they should hear testimony with regard to that issue. Mr. Drell said Portola was pretty simple. Forty years ago Portola was a quiet little residential street and houses were designed that front right on that street or with driveways that back on that street. For better or worse, the character of Portola had changed and it was now a major arterial. In the same way they dealt with a similar situation on Fred Waring where they had houses that backed onto Fred Waring or fronted onto Fred Waring. It was the same situation on Monterey. He wanted to make a kind of distinction, although the input and all its aspects was important for the public, the function for the General Plan is to create the land use basis for change. It didn't necessarily create the change. 77 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 In our system of real estate development, predominately the private sector still followed through on land use definitions. Occasionally the City got involved and that was something that they could weigh in on as to whether they thought the City should get involved in solving in terms of giving advice to the Council or Redevelopment Agency. The general plan discussion's motivation was exactly the same discussion which we heard. That this whole line of houses that back onto Portola were built in another era and a different set of circumstances. His understanding about the value of the property being devalued was not because of our notice, it was because of the physical conditions that exist there. Most people looking for single family homes were not looking for a single family home on a street like that where they have to back out into traffic that is coming 40 mph 18 inches from the curb. From a land use point of view, the solution is, what is a land use that not only is compatible with that traffic, but even benefits from the traffic? That is how they create value in property. In this case they successfully on Deep Canyon, on Fred Waring, and on Monterey have been able to, by changing the land use and allowing the market and there is a significant market for small office buildings, to come in and they have seen the conversion of homes in those areas to offices and the consolidation of parcels so people wouldn't have to back out onto the street anymore. The issue of the urgency of making that conversion is a different question that the Council and the Redevelopment Agency would have to answer. The same issue, although he didn't have a photograph before them, the same issue exists to a lesser extent south of Fred Waring on the west side of Portola. There is a block of homes that also back out onto the street which in examining, the General Plan Committee stood pat in maintaining the residential density. Staff recommended the same solution-- that we are not going to see new investment in homes on those lots at medium density. That the characteristics of the traffic on that street are such that there are a lot of better places to put money in if they want to live in a home. So the option was to provide those property owners with a land use for which they believed there is a strong market which is the small office market. It was both compatible with the street and they found it was compatible with the houses that remain behind it. He recommended that the commission open it up to anyone who wanted to speak on these two issues. 78 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 Chairperson Campbell stated that they would start with Highway 111 and asked if anyone wished to address the commission. DR. JERRY MEINTS, 71-450 Painted Canyon in Palm Desert, addressed the commission. He informed them that he also owns an office building located at 73-302 Highway 111 in Palm Desert, Village Counseling. He said he is a 38-year resident of Palm Desert and he was amazed at this city and the progressive planning he heard tonight. He said it was incredible to be a member of this community. He was really proud and really impressed. He thought that Mr. Drell described pretty accurately their situation on Highway 111. They have been called the blighted community, at least the blighted commercial community, along the Highway. The City a couple of years ago approached many of them and provided them with funds to do facelifts to their buildings. The Planning Commission and Architectural Review approved their changes and he thought many of the property owners put a lot of money into making their buildingand businesses more attractive to do a better in serving job the community, particularly from their perspective as a counseling clinic. A challenge that has created is that they are all doing a lot of business. In fact, they had a letter of support from most of the property owners and business owners along Highway 111 encouraging them to do what Mr. Drell suggested and that was to finally do something. For many many years they have struggled with inadequate parking. The City has overlooked the number of parking spots they probably should have and let them go ahead and do their facelifts and beautify their buildings, but some of their colleagues on Highway 111 were losing business because there is no parking. People that used to drop by and get their hair cut at Scissors can't stop because there is no parking. They have to walk two and a half blocks back to the barber shop to get a hair cut and that was untenable in 115 degree weather. So he was strongly encouraging the Planning Commission to move forward with the suggestion that finally the City access the property along the alley way, create parking spaces so the business owners could continue to serve their clients and their community members, and that the City could finally focus on beautifying that particular area 79 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 so they could continue to do business and continue to help Palm Desert prosper. MR. GORDON SPIELBERG, 73-394 Highway 111, stated that he, like Dr. Meints, owns a piece of property in the same area. He said Dr. Meints pretty much covered exactly his feelings and the feelings of a lot of the other property owners in that area. He thought the back end of the alley had been neglected and there was a lot that could be done. It hinged on parking. What they would like to do is expand their facility and they would definitely need more parking along with that expansion. They needed more parking now, but with the expansion they wanted to do, they would need even more. He hoped the commission would see fit to move that along and allow them to begin construction. He was sure a lot of the other business owners along there would like to do that as well. MS. DONNA MATSON, 73-341 San Benito, addressed the commission. She said that house has belonged to her for 25 years, it belonged to her mother for about 15 years and before that it belonged to one of her mom's best friends. She has been coming to this house and to Palm Desert for over 50 years. She loves Palm Desert and loves her little house. This house was one of the first ones built in Palm Desert. It has the slab with the colored cement, it has a swamp cooler, it has overhang and 20 years ago they were told that the house might be condemned for a parking lot. Over the last 20 years she had been offered quite a nice price for the house and she thought she should probably sell it, but she wasn't able to because when she told them about the pending condemnation of the house, it couldn't be sold. Now she is close to retirement and she has planned and fixed up the house and would like to live there. Twenty years ago they were told all of the houses would be taken. So the person next door, his house was in bad shape and he said he wasn't going to spend money fixing it up if the City was going to take it, and he bulldozed it. So for 20 years they have had an empty lot next door. Then they were told they would probably take 20 or 25 feet of the back yard. That would save Lucy Perez's house, it would save her house and some others and would provide some parking for the commercial district. If they took 45 feet, that would take off the back 80 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 wall of her bedroom and her porch. She showed a picture of her house, the back yard, the alley, and the lot next door. She said there were several things they needed to think about. They were talking about daytime use and night time use. McGowan's, the Irish Inn, was a night time use. The Red Barn was a night time use. The rest were daytime uses. She thought they needed to balance that. She kept checking the parking situation and they said they didn't have parking, but with the front parking and the back parking that faced the alley, many times there were only one or two cars there. She didn't know if people didn't understand that there is parking behind their buildings. She showed a picture of the area behind Peter Hartwig's property, Mary McGowan's property, and the golf building which she thought was a beautiful new building. She asked how many people he had in a day. She watched and he has maybe three or four cars and he has 12 or 13 parking spaces. Then there was the family therapist and the doctor said he didn't have room, but whenever she went by, there was plenty of room and very few people parking there. They also had the other small little shops which had a great turnover. They very seldom survived a summer. She showed pictures of the other parking lots and a huge parking lot area which she said belongs to the City which could be a major parking area and could be used by all of those small shops. So her request was to please do something. She has been waiting for 20 years. Are they or aren't they? How much are they going to take? When are they going to take it? When is she going to get paid? For her neighbor, that was her only house. She herself had another house or so, so she wasn't locked in as many of the other people are, especially on Portola. That was sort of their life big investment. They just really needed to know. To make a wall and take 45 feet off of everyone's property along there, that wasn't necessary. They have a vacant lot that Mark from the golf place had and there was a huge lot that the City has, so they could jog and take 20 feet there, put in a pretty wall and a little landscaping. It didn't have to wipe out two of their houses that they've had for 30 or 40 years. So she was requesting if they really needed it, and they've been saying for 20 years that it was going to grow, there are two lovely buildings there, Mark's and the family therapist. She asked if they really needed this parking, if they could use the City parking, some of the lots that are already vacant, but if they do take property, 81 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 please take 20 or 25 feet. That would at least save their houses. And please make a decision and let them know where they stand. She thanked the commission for their attention. MR. HAL PARADIS, No. 4 Conejo Circle in Palm Desert, addressed the commission. He informed commission that he publishes the White Sheet shopping guides and they are right on the corner of Highway 111 and Las Palmas. He said he would like to echo all the comments they have heard tonight. He believed it was very important to bring this to a conclusion or at least some direction so that they could plan for the future. He thought it was imperative that they have more parking in that area and he would look to have some direction from the Planning Commission and the City Council to move in that direction and get something done as quickly as possible. If nothing more,just to say they were going to do it would be a tremendous help as far as their long range planning. They have an "L" shaped building there and they have looked at a number of proposals to upgrade the plan, but they were also in a state of limbo. He asked the commission to give some consideration to it. They would like to move ahead with the project as soon as they could. He thanked the commission. MR. PHIL WITTE, 44870 San Antonio Circle, addressed the commission. He said he would like to encourage the Council and the Commission to do something. He has lived there since 1977 and it seemed like the place had been in limbo for a long time. They have invested a lot of money, time and effort in making a nice place to live. Whether they took 20 feet, 25 or 45, it would still wipe out a good portion of his property and put a wall right on his pool. All he could ask was to please treat the residents fairly. If they were going to do this, compensate them properly and please be humane. This had been going on too long. He thanked the commission. MS. PAT LA MARSH, 73-098 Highway 111, addressed the commission. She agreed with the last speaker. They needed to help the owners as well as the business owners. She said they have approximately 100 to 250 cars at night in season at their restaurant and they desperately needed parking. She didn't want to have to relocate anybody if it wasn't going to be advantageous to them, the homeowners. But they couldn't expand anymore and they didn't have any parking in the back except for a dirt lot. They had to use the bank 82 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 or Walgreens and their clientele had to walk a couple of blocks through the alley or in the dark. That wasn't safe. She said there are businesses who have tremendous parking problems. Radio Active as well and he asked her to speak for him as well. MS. CAROL WILLIAMS, 44-850 San Antonio Circle, addressed the commission. She said she has a garage that would be affected by the extension of the alley, so she would not like to have the alley way extended. As her previous neighbor said, she felt a lot of the parking could be applied in the vacant lots in the residential area. Those vacant lots seemed to depress the quality of the homes in the area. If the City could landscape the open lots and turn them into parking lots that perhaps might help the situation. She thanked the commission. MS. FRANKIE RIDDLE, 44-805 San Clemente Circle, addressed the commission. She said her issue was if they convert the alley way into parking as proposed on the map, San Marcos would be left open and that would divert all the traffic and the people that park back there onto their residential street. She felt there should be some consideration made to closing off the street so that all the traffic wasn't diverted into that residential area. She thanked the commission. MS. MARY ARNOLD, 44-818 San Clemente Circle, stated that she has addressed the City on two separate occasions to see if they could do something about San Marcos Avenue. She said they moved there three years ago and immediately noticed how the traffic circulation was on Highway 111 and use San Marcos Avenue and San Clemente Circle as a byway to San Gorgonio Way. San Clemente Circle is a street, not a byway. She said they would like that byway changed. Everyone who signed the petition she submitted before who lives on San Clemente Circle would like to see San Marcos Avenue and San Clemente Circle closed to traffic. There are only two properties on San Marcos Avenue. There was like a little four-plex and a window tinting business on San Marcos Avenue. So those were the only two properties that would possibly be affected and she didn't see how they would be adversely affected by closing off San Marcos Avenue. So she would appreciate that given some consideration. She thanked the commission. 83 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 Chairperson Campbell asked if anyone else wished to address the commission regarding Highway 111. There was no one. She asked if there was any testimony regarding Portola Avenue. MR. CHRIS McFADDEN, McFadden McIntosh Architects, 72-925 Fred Waring Drive, Suite 204 in Palm Desert, addressed the commission. He said he has been a resident in Palm Desert for 12 years and has had his business in Palm Desert since January of 1989. They love the community so much they want to build an office building and address some of the concerns discussed along Portola Avenue in particular. He noted that it is a major north-south arterial. There are presently two residences that must back out onto the street and one residence that has access to it. There are four parcels complete in there and they have three of them in escrow right now. He has another partner and they would have all four of the parcels. This parcel was a particularly unique shape. It has a large flag lot on parcel three that goes all the way down the back that they propose to buffer. Mr. Drell asked for a better description of the location of the parcels he was identifying. Mr. McFadden said the property is south of Fred Waring at the intersection of Catalina and Portola. They were proposing to have their driveway off of Catalina. He pointed out the two existing residences that currently back out onto Portola. They were proposing to demolish the three residences that exist and there would be a complete driveway through there with a right-hand turn restriction only. That would allow a fire truck and trash truck to get through there and for them to get to Catalina and do a left/ right movement. He said that eventually there would be a median down the middle of Portola and Portola would connect to 1-10 eventually, so they would see an increased traffic movement in there. The massing of the building was very conducive to this use, but it was currently zoned R-1 and they would like to propose to the commission that it be changed to O.P. and that would allow them to proceed forward on this. They had these properties in escrow and they were prepared to do this as quickly as possible. 84 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 Mr. Drell said this was a demonstration of how a change of land use could result in a physical change if there is a market for it. Referring to Mr. McFadden's drawing, Chairperson Campbell asked about an area in the middle and if it had a building. Mr. McFadden said it was parking in between the buildings that was buffered with landscaping. So they propose two separate buildings. Initially they would probably build at the top and do a build to suit down below. MS. LISA BILLINGHURST, 74-041 Aster Drive, addressed the commission. She said her back yard actually backs up to Portola. She said a lot of the residents, because they weren't involved with this on a daily basis, didn't get a lot of general information on exactly what was proposed to happen. Using a map she pointed out the homes that were going to be sold, removed or having businesses going into the area. She pointed out her house, the third house off Desert Star. She said they have been there for 12 years. The traffic there was atrocious and was like a freeway. Visually it didn't look very good. They had some concerns. They already have a four-lane highway. If they were going to put a median in there, that was information they needed to know as homeowners on how they would stick a median in between there when they already had sidewalks. No one was talking about taking anyone's property. The City was proposing this and they were discussing this and they didn't know how they were going to widen that particular area and who it would effect. She didn't think as homeowners they had all the information. They just needed basic, simple information on what was proposed for development in the area. The City did a great job on Fred Waring. They extracted all the homes and put the park in there, but they listened all night long about property that isn't developed yet and now they were talking about areas that are developed that need to be redeveloped to accommodate the area, but they had byways off of Magnesia Falls that had beautiful block walls, they had finished block walls off of Fred Waring and then they had this area with old walls and it was like they weren't finishing anything. They were starting new projects before they finish a particular area. She thought this was an area with a lot 85 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 of traffic, people come into the valley this way and visually that was what they were seeing. They were seeing all of these houses that are having trouble backing up and she didn't think they as homeowners had enough information on what was going to happen from the Planning Commission. All this general information didn't affect a lot of them. It was interesting but didn't affect them directly, so she was asking Mr. Drell if they were going to get a little more personalized information on how the development would take place on Portola because they were confused. Mr. Drell explained that he didn't know if those decisions had been made yet. He said there had been thoughts and proposed ultimate designs for Portola. He thought this might be the appropriate process to discuss what those are and what the solution might be. Mr. Greenwood explained that right now there was no plan whatsoever. They were waiting for the General Plan process to determine what needs to happen and the Circulation Element needed to address the road width on Portola. Mr. Drell hoped they would get to it at the next meeting, but the intention is, and he recalled the agony the City went through for ten years on Fred Waring, and the decision to take single family homes was very hard for them. On the other hand, talking to the people who live on Fred Waring, not making a decision didn't do them any favors. He thought there were two ways to deal with this. They have this big General Plan and he used the term Study Zone. A program in the General Plan didn't necessarily have to resolve this now, but it needs to place on a priority as something that needs to be solved and pursued. That could probably take up a lot of discussion all to itself focusing on one group of people that doesn't necessarily take in the whole city. Like the area on Highway 111 and the frontage road, it probably took in some very focused discussion among the people impacted to then come to a resolution. Whether they should hold up the whole General Plan for it was another issue. To verify the Public Works position, Mr. Greenwood stated that the Public Works Department develops a five-year capital improvement program. Widening on Portola or any work on Portola was not currently included in the five-year plan. But the plan is updated every year and projects could be inserted in any year of the five-year plan, so a plan could go from not on the list to the first year at any given time, but right now there was no plan for any work on Portola, other than what was currently under construction. Mr. Drell 86 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 said that was designed to minimally create four lanes all the way to Highway 111. At the GPAC it was discussed that it was not the ideal end state for Portola. It is through a residential area and the fact that we have a side walk where people are capable of walking to school where we have traffic going 45 mph 18 inches away from the sidewalk, this was something that needed to be a program in the Circulation Element of the highest priority so that in a reasonable period of time that gets resolved. They couldn't deal with all the details in the General Plan, but this is one. It was identified in the Palma Village Plan as a problem 20 years ago. Ms. Billinghurst said their main concern was children on the sidewalk. They drive down there and traffic was going 60 mph when it was supposed to be going 40. There were kids pushing each other on the street and she was just waiting for one to go into the street. She wasn't opposed necessarily to businesses if that was what takes place in the area of the 15 homes, but she thought they needed to make provisions for the walking traffic and the kids. They had a school that was not going to be moved from there, so it needed to be taken into consideration when these plans were set forth. She just wanted a little more general information. She didn't know there was going to be a median. Mr. Drell said staff didn't know if there was going to be a median either. It was something that had been discussed as potentially desirable to create residential ambience. MRS. ESPANA, 43-825 Portola, addressed the commission. She said she they came from Chile and moved here. The only thing they had was their house. She agreed about Portola, but wanted to know when. Mr. Drell asked where her house was located on Portola. Mrs. Espana said it was at the corner of Portola and Rancho. Mr. Drell asked if she had to back out onto Portola. Ms. Espana said yes. Mr. Espana also addressed the commission and said their house is at the corner of Portola and Rancho. 87 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 Mr. Drell said that meant their house fronts and their driveway backs out onto Portola. He said the proposal at this stage in terms of the land use element was to say that they would provide the land use ability for someone like Mr. McFadden or another architect who would like a little office to buy the property and was willing to pay far more for that property to put an office there than someone would pay to buy it for a home. At this time that was all they were talking about. Unlike Fred Waring where they had to take so much that it would wipe the houses out, he didn't think it was contemplated that we would have to take, no matter what happened, there would be enough lot depth to develop something. So at this stage, unless they convinced the City otherwise, they would be leaving it to people like Mr. McFadden and other office developers, once they gave them the go ahead through a land use designation, to in essence get value out of their property and move somewhere that was more compatible for a home. Mr. Espana said they were concerned about how long they would have to wait in indecision. There was a letter sent before about two years ago. Mr. Drell said the decision would be made in the next two or three months. MS. SUE FAIRFIELD, 73-969 Krug Avenue in the Vineyards, addressed the commission. She said her house is at the end of Stoney Hill and Krug Avenue. It wasn't on Portola, but if they put office buildings in place of the houses they tear out of that strip, her house would back up to that. There would be a parking lot or an office building probably cater corner to her behind her. She has been in Palm Desert since 1967 so she has seen a dramatic change in growth. Portola is a very busy street. She drives down Portola toward Country Club and worked at Eisenhower for a very large physician group there. She drives that way every day and there was a huge amount of traffic. A lot of the parents who have children at Lincoln School park in their neighborhood in the morning and around 2:00 p.m. they were all pulling off of Portola and parking there off of Stoney Hill and Rutledge. They were there every day waiting for their children to cross the street. One of her neighbors had his truck or car stolen out of his driveway and he was the first house there on the corner. That was in broad daylight a couple of afternoons ago. So they had that traffic. Magnesia Falls was now going through and that 88 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 would be a major thoroughfare. If they go down Portola at Magnesia Falls in the morning when parents are bringing their children to school, there was a huge traffic backup down Portola, down the wash almost back up to Chaparral of people trying to turn left at Magnesia Falls to drop their children off at school. They had that traffic situation morning and afternoon by the school. Now when she travels down Fred Waring between Portola and Monterey, they have three or four vacant lots with signs on them saying they are going to build office professional buildings. There is a brand new building on San Pascual and Fred Waring that still shows a vacancy sign and wasn't filled. There was the professional building at Monterey and Fred Waring still showing leasing office space. There was the old Pier 1 Imports building on Town Center Way and Fred Waring sitting vacant because Pier 1 moved, so that was office space. She felt sorry for the people who back out onto Portola. That was a problem that needed to be addressed. Her feeling was that the City should buy the property from these people as they did on Fred Waring and put a park or something, but if they put more professional buildings on there, she asked how much traffic that would cause on that corner. That was a major artery there and there was a lot of traffic. By buying those homes in that area, and that area if they looked at the highlighted map in the mail was totally residential from Fred Waring down Portola across the wash up to Country Club, it was all residential and they were now encroaching into that neighborhood and putting small office professional buildings there. She didn't see the need for that. She thought there might be another way to buy that property because people are having a problem and put a little park there or put something, but they didn't need any more professional buildings encroaching into the residential area, even if it was an older area. When she bought her home there four years ago, she loved the area because it was central to the area. She could run home for lunch in ten minutes, but when she stands in her backyard now, the traffic from Portola and Fred Waring, if she had her door open it was deafening at night. There was a lot of traffic and she didn't feel that putting in more professional buildings was going to alleviate the traffic problem. She felt the homeowners should be given some restitution and be allowed to move out of the area, but she didn't think putting in 89 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 another small office building there was something they need and to a community that is a residential neighborhood now when they have all these other areas in Palm Desert mentioned tonight that they would be developing, she didn't see the logic to that. She was told there was another meeting in a couple of weeks when more would be decided. Mr. Drell said they would be continuing this meeting to October 21 to see if they could come up with some conclusions. Ms. Fairfield hoped they wouldn't encroach into the residential neighborhood. When they were talking about a small office professional building, she asked if they were talking one story or two stories. Mr. Drell said most were one story. They had the ability to specify. It was usually a mixture of one or the other or both. On Monterey they were primarily one story. On Deep Canyon they have been primarily one story. Sometimes they are two-story. He commented that if she thought the noise was deafening now, if those houses disappear and they aren't replaced by some other structure, their noise impacts would go up expedientially. There was nothing like a building to stop noise and that was what they were now hearing from the people who now back onto Fred Waring. They used to have houses in front of them and now that they had open space, the noise issue is that the wall doesn't do the job that houses or buildings might have done. So they have to be careful what they ask for. Ms. Fairfield said she would take that into consideration. She just felt that like a lot of people who have lived there for years, she chose to live in Palm Desert because she thinks it is a forward thinking community and they have been recruiting a lot of physicians to their group and when they talk about settling in Palm Springs or other areas, she tends to lead them to the center of the valley in Palm Desert or Rancho Mirage. But she thought they had gotten out of hand. Like the other person who spoke earlier, how many Walgreens do they need? How many Wal-Marts? How many Costco's? She has friends that have been in the valley in business for years and they were talking about moving to Oregon. She has a friend who has a pest control business and he talks to clients and they are selling their homes and moving to Tennessee or other areas where it isn't as 90 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2003 congested and they can have some land. She hated to see Palm Desert become Orange County. The growth had to stop somewhere and when she saw them talking about encroaching into a residential neighborhood and adding more small professional buildings, there were a lot of vacancies along Fred Waring. She knew they were looking at a long range plan, but thought they needed to look at it seriously. If they started encroaching into her neighborhood, her house has gone up quite a bit in value over the last couple of years, but she wouldn't live there and have professional buildings encroaching into her backyard. She wouldn't want to be there. She liked the area now, it was a nice little community and people have taken pride of ownership in these homes. She didn't want to look out the backyard by the pool and look at professional buildings. That wasn't why she moved there. She hoped they would think this through very carefully. There was no further testimony and Chairperson Campbell asked if there was a motion. Commissioner Finerty said she would move to continue this matter to October 21. Chairperson Campbell seconded the motion. Mr. Drell asked if the commission wished to consider meeting at a different time other than 6:00 p.m. since there were several public hearing items to be considered which had been continued from previous meetings and depended on the General Plan decisions. After further discussion it was determined that the commission would continue this item to 8:30 a.m. with discussion to 11:30 a.m. on October 21. Action: It was moved by Commissioner Finerty, seconded by Chairperson Campbell, continuing Case No. GPA 01-04 to October 21, 2003 at 8:30 a.m. Motion carried 5-0. G. Case No. PP 03-10 - GILL DESERT PROPERTIES, INC., Applicant (Continued from September 2, 2003) Request for approval of a precise plan of design for a ten-building medical and general office complex(93,842 91 • .. MINUTES • ADJOURNED MEETING or: , ` k. %/' PALM DESERT PLANNING COMMISSION , : .' a'y -- •• 8:30 A.M. - TUESDAY - OCTOBER 21, 2003 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairperson Campbell called the meeting to order at 8:33 a.m. II. ROLL CALL Members Present: Sonia Campbell, Chairperson Sabby Jonathan, Vice Chairperson Cindy Finerty Jim Lopez Dave Tschopp Members Absent: None Staff Present: Phil Drell, Director of Community Development Steve Smith, Planning Manager Mark Greenwood, City Engineer Mark Diercks, Transportation Engineer Phil Joy, Associate Transportation Engineer Tonya Monroe, Administrative Secretary III. ORAL COMMUNICATIONS None IV. PUBLIC HEARING *, A. Case No. GPA 01-04, CITY OF PALM DESERT, Applicant (Continued from October 7, 2003 and September 16, 2003) The following is a verbatim transcript of this Public Hearing: Key SC Sonia Campbell, Planning Commission Chairperson 1 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 PD Phil Drell, Director of Community Development SJ Sabby Jonathan, Planning Commissioner JL Jim Lopez, Planning Commissioner DT Dave Tschopp, Planning Commissioner DM Donna Matson LR Lucy Rodriguez BP Bertha Perez TP Tim Palmer MC Michael Castelli LW Locksi Witte MG Mark Greenwood, City Engineer CF Cindy Finerty, Planning Commissioner MH Margaret Hartsworn CM Chris McFadden ?? Unclear who was speaking SC We have Case No. GPA 01-04, City of Palm Desert, Applicant, and this public hearing is being continued from October 7th and September 16th. Request for consideration of a Comprehensive General Plan Update. The Public Hearing is open, so Mr. Drell... PD Good morning. We are continuing discussion of the land use element and the focus areas. I would like to start at this time with the north Highway 111 alley issue. To review, this area north Highway 111, originally the Palma Village Plan designated all the lots that you see on the north side of this alley as developable into a Presidents' Plaza type common parking area to encourage redevelopment of the north Highway 111 commercial lots. For various reasons over the years, this was really never implemented. The Redevelopment picked up one lot. We have a couple of committed lots via some redevelopments that did occur to the Andreino's Restaurant and to Mark's Golf, but in general, the alley looks pretty much the way today as it did 15 years ago. We had proposed last meeting an alternative plan which would extend 46 feet north of the alley, creating a double row of parking, creating I believe 264 parking spaces. The problem is, it would eliminate a couple of houses, actually three houses, one tri-plex and one house which is being used as a business on San Marcos. Based on testimony at the last meeting, we produced another alternative which instead of a double row in the middle of diagonal spaces, we'd have one row of 90 degree spaces on the north side and a six-foot landscape planner and a wall adjacent to the residential allowing for trees. This could save all of the existing houses with 2 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 the exception of the two on San Marcos, the tri-plex and the house that is being used as a window tinting business. It produced 188 spaces. If we probably put in some intermediate landscape planters so you wouldn't have just a continuous asphalt drive it might come down to 170 spaces. At four spaces per thousand, it could generate about 40-50,000 square feet of expanded development on the area as opposed to 60,000 or 70,000 square feet for the alternative with more parking. Obviously, the cost of acquisition...probably one of the obstacles in the implementation of this plan was not wanting to face the cost, and so coming up with an alternative that preserves to the greatest extent the existing residential uses and preserves most of the back yards might be a simple alternative that actually can be implemented. You have in your packet a letter from a property owner advocating...it was just distributed to you this morning...this lesser alternative with just...again, it would take 26 feet of the back yard. So, open up the floor to either discussion from the audience or... SJ Brief question before we do that. PD Sure. SJ Alternative A would create, you said, 244? SC 264. PD 264. SJ And how many homes would be impacted? PD Three homes would be impacted, a tri-plex on the west side of San Marcos, which in some people's opinion should be impacted, and then there is a house on the east side of San Marcos which is used as a business. SJ So four homes plus a tri-plex? PD Correct. SJ Would there also be back yard acquisitions? PD Yes. There would have to be 26...there would be 46 feet of back yard acquisition. It would also eliminate those garages, certain lots have those 3 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 that back onto the alley. Right here and here. In this plan, they'd garages Y 9 Y still probably be eliminated. The houses that would be eliminated would be here, here's the tri-plex, here is the house that is a business, and then two houses over here off of San Benito. The garages, these two garages, this house also has somewhat of a garage that would be impacted. The other thing that would be impacted in any plan is...over on Las Palmas there is an apartment project with a whole line of carports, and actually that is a area which we did do some implementation, that we did acquire this parcel. Here are the carports...we did acquire this parcel here, which the carports could be relocated to, and the City actually owns the parcel next to it. In the straight in parking plan, you see that these two houses are still preserved, obviously with a significantly shorter back yard. This house here on the end, right next to the Walgreen's parking lot, the wall would almost go right up to the back of the house, so the back yard's entirely eliminated...that one still might have to be sacrificed and be acquired if we are going to build the parking adjacent to it. Again, theoretically, we can do a little jogging there at the corner since we do have some room since it's a vacant lot on the other side. SJ So the idea is that the City would acquire that property on a voluntary basis if possible and then incur the costs of creating the parking, or are we talking about... PD Again, that would be a discussion...in the Palma Village Plan, the suggested implementation would be that the Parking Authority would acquire the properties, build the parking lot...we've already received easements from a few of the commercial property owners as part of their developments. An assessment district would be created to maintain it, like exists in Presidents' Plaza, and then as individual redevelopment projects or private redevelopment projects expanded their buildings, they would be assessed a per parking space fee for the additional parking that their expansions generated. So there would be somewhat of a pay as you go and some reimbursement to the Authority. For those businesses that took advantage of the extra parking, they would contribute and reimburse the Parking Authority. SJ But the additional parking is not just to enable expansion, it's also to alleviate the parking deficiency that exists, right? 4 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 PD The reason why there's a parking deficiency is the alley is so undesirable, that really no one wants to park in it. Most everyone parks out on the frontage road right now. The frontage road capacity is probably maxed out. If in fact all the employees park back behind the buildings, probably right now we would be okay. The primary goal of the investment is to encourage remodeling and expansion and redevelopment of those old buildings. SJ How much room is there for expansion? I mean remodeling, yes, but actual expansion... PD Most of the...if you look at the stores here...for instance, the old...you're looking at 20, 25% coverage of the Highway 111 lots, and you notice that the lots are substantially vacant, you see a lot of cars on the frontage road. So the goal would be...you have some that are...some lots that are...the other problem a lot of the lots, they are only 50 feet wide, which is a lousy geometry for developing parking. It's much wider than you need for one row of parking but not enough for two, so it makes a lot more sense for those lots to be built out. In essence, what we're trying to do is taking real estate that is on Highway 111 that is probably worth $20 a square foot and create parking on real estate that is far less expensive. Let's look at a lot of those back yards...first, about half of those residential lots are currently vacant and a lot of the back yards that are there are not particularly well maintained either because of the indefinite boundary that we have there with the commercial zone. Hopefully as part of this, you create a nice row of trees which the back of this thing then would create a somewhat more compatible defensible boundary there between the commercial and residential uses. JL For the sake of the conversation this morning, obviously one of the options is to do nothing. PD Correct. JL But let's say for this morning we say we put in Plan B. We do anything else to that alley, or do we just add parking places, and everything that's on the side of the buildings just remains the same. Is there any thought about going back because right now the place looks pretty bad. The alley is undesirable, as you say, and if we did nothing, or if we did put parking, what will we do, or what should we do regarding the parking or the situations behind all of those buildings along that entire alley, because it is a very undesirable place. 5 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 I don't even know that if we put parking back there and it remains exactly the way it is today, that anybody will use the parking back there. PD You would have to be...coupled with...we have a facade improvement program because the other thing we have to do is we have to make the backs of the buildings also desirable. We have had, and we heard from some of them last meeting, three or four property owners who have been waiting for 20 years for this to happen, to justify the expansion and remodeling of the buildings. It might take a long time, obviously, depending on how aggressive we want to get with our facade program. If you are familiar, in our facade improvement program, we will pay for 50% of facade changes up to...again, a $70,000 job we would pay $35,000. Whether we want to up that to encourage not just facade changes but remodeling and to make sure that those facade changes occur on the backs of the buildings as well as on the front, that would be another incentive. There are two ways to do redevelopment. One is with a bulldozer, which one of our neighbor cities has tried. The other is, for example, what is slowly happening on Fred Waring or what happened on Monterey. All we did on Fred Waring and Monterey is change the land use. It has taken some time, but Monterey between 111 and the College and beyond the College actually up to Park View, now looks pretty good, and all we did was we had vacant properties or old run-down houses, and all we did was change the zoning. In 20 years, it has slowly changed. You are seeing the same thing happening on Fred Waring. Given the value and desirability of those properties on Highway 111, the market will tend to try to maximize that value, and the buildings that are there now don't do that. Eventually, you will have property owners who will say gee whiz, this is a great location to have a business, but this is a 2,000 square foot building that has eight-foot ceilings, it's got a swamp cooler, it's got lousy electrical, probably needs to be torn down, but right now it can only be replaced with a 2,000 square foot building. Typically, people don't like to tear down buildings for which they are receiving rent, no matter how ugly they are, because they can only replace them with the same square footage. So being able to provide at least some opportunity for expansion, which means more rents for more rentable area or leasable area...the other thing, we have some existing businesses that are very successful. Generally, we have a whole bunch of successful businesses in that stretch. A number of them have outgrown their buildings, and they are faced with either moving or expanding. Without more parking, they can't expand. It's a lot more dramatic and obvious change when we just use a bulldozer. We have chosen to try to work with the existing businesses and 6 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 existing property owners...and right, it's going to take longer, but I think it will eventually happen because they are sitting on very, very, very valuable commercial real estate which is being underutilized by the current buildings. SC Mr. Drell, let's talk about 20 years from now, 25 years from now...do you think that Plan B with 188 spaces would be enough? PD Okay, this is what I meant to say at the beginning. When you are doing this sort of redevelopment, there's going to be no perfect solution, especially when you're balancing objectives at the boundary of the residential and commercial area. It will provide...obviously the more we have the better. More parking allows...a little bit of incentive is good, a lot more incentive is more, is better. It goes back to the practicality of how much this costs to implement this and what is the cost on the residential side. It becomes a tough call, but acknowledging that there will be no perfect solution, it compromises what you're going to end up with. SJ I want to ask you something, Mr. Drell. I'm not sure...I'm not trying to make a point as much as I really need this question in my mind answered. I remember many of these businesses coming through the approval process, through us, and trying to persuade us, and many cases successfully, that they have adequate parking. In many cases, they sought exceptions to our ordinance and received that exception. Why would we then come back and build additional parking for them now that they realize that they made a mistake? PD Okay, those businesses that came through, we got something from them. Andreino's we got a lot. I mean, a parcel. Basically, this parcel right here as part of his approval he...okay, right here, as a condition of approval...he got approval on the basis that he would temporarily contract with the bank and the veterinary clinic for parking. But what we got from him was a parking easement on this parcel and a condition that if we ever do this, he would contribute per the amount of parking he needed. Same thing with Mark's Golf, as you recall. SJ But you said we're not going to ask them to contribute toward the construction of the parking. Only if someone comes in for an expansion. PD He was conditioned with his approval to, if and when it ever...he did provide the real estate. 7 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 SJ You know, Andreino's is a good example because I remember them coming to us and persuading us that yeah, they're going to have parking at the bank and no, it's not too far for their customers, and yada yada, and then they were here at our last meeting saying oh, it's a terrible situation, we have to walk all the way across to the bank for our parking, so I mean... PD No, remember, the presumption of their approval was that someday we would implement this program, and remember the motivation was...the goal of the program was to get good businesses to do the things you need to be successful, so that was the goal, that's the end goal. And those approvals were predicated on us someday implementing this adopted program that's in the General Plan today. And instead of telling them, sorry don't do that, go somewhere else, abandon your building, build a restaurant in Rancho Mirage, we said...again, there's no perfect solution. We weighed the cost of discouraging a very successful business. And by the way, that's the one business who...a lot of our businesses have been hurt by The River...for whatever reason, his business had it's best year ever in the last year. It tells you something about what we achieved by making that choice. We said in the interim we will have this fixed, which is not perfect, that allows you to do business. You will (inaudible) contribute a piece of real estate to the ultimate goal, which allows...we don't have to buy his property, we don't have to acquire anything for that lot, he's given it to us already. And add that he will make a contribution when the thing's built, but that's the same thing we did with Presidents' Plaza, and remember in 1980 when we built Presidents' Plaza, it was a similar situation. When it opened, yeah maybe less than half of it was full of cars in 1980, but it allowed businesses to expand and to do better, and now it's jammed full. So it took time, and we've had to redo it once to even get more parking in there. One, we're not doing it for the existing businesses, we're doing it to hope to attract new businesses to encourage the owners to invest money in their properties. Same thing with the problem with Radio Active there at the corner, a situation, again, where a guy has a great tenant, it is creating them a lot of rent, the building looks awful, but he's not going to get a nickel more if he gets a nicer building. He's got the same lease. So it's partly a psychology game. The (inaudible)we've approved, we've approved...same with Mark's Golf, we've got an easement for the lots behind him, we don't have to acquire that lot. Sometimes that's what cities do. SC Any other questions of Mr. Drell? 8 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 DT I've got three or four for you. PD Sure. DT What has driven the number of parking spaces needed? Has there been a study conducted that shows we need 264 or 188 or is it just what would work? PD We're looking at what produces some parking. The original goal, again...the Palma Village Plan initially wiped out all these houses entirely, and you have a wall like you see in the back of Walgreen's. The perception by a property owner who lived right here, in my own conversion, and something actually I knew all along but was in my mind was emphasizing the needs of the commercial over the residential to a certain degree, the first motivation to change was the quality of life and the quality of a residential experience in these circles would degrade significantly even if you had landscaping and a wall and a back end of a parking lot. What makes the best neighborhood is houses on both sides, houses and front yards. DT So we don't have any real... PD No, in terms of we want to produce more parking, let's produce as much parking as we can in a fixed piece of geometry that's shared by two uses and come up with a line that still preserves sufficient residential real estate to still have houses. That's what you see here is how to plot vacant lots and originally on the 46 plan, which took out a bunch of houses and shortened the back yards, that theoretically you could still plot houses on those lots, you might have to adjust our front yard setbacks a bit, but it's just a matter of balancing the geometric requirements of residences with trying to work in the geometry of parking, which is created in either 24- or 25-foot increments. DT On Plan A, it was 46-foot encroachment into some of the houses to the north. PD Right. DT On Plan B, how much would that go into, on average? PD Plan A would be 45, Plan B is 26. 9 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 DT 26 feet. PD 26 feet. DT Have you met with or had any kind of community meetings over there, met with homeowners individually or as a group and with some of the businesses to see what might work and what might be a consensus that they would have on approving this... PD I've met with them individually, I've never met with them all together other than them coming together at these meetings. DT And then I guess the other question would be, I've always understood that's not really an alley, that there actually is a street, a portion, maybe it's the westerly portion that is a street, but needless to say, it's not a very safe driving area back there and it's a heavily used alley/street. If you implemented this, would the alley be improved, would the poles come down? PD Yes, it would be made, redone, it would be a regular width drive aisle. Again, on this plan, we would put...that's the reason we would have less than 188, we would probably put, typically we do intermediate fingers into the parking lot so you don't see 45 feet of just asphalt, there'd be trees sticking out into it. It would look as attractive as any alley that meets our standards, of any parking lot that meets our standards. DT You may have answered this earlier, but I assume you are visiting employees using this because it's not going to be very convenient for customers to use it as parking given the looks of the buildings in the back, and I understand the hope that they would improve those buildings looking in the back but then crossing a street/alley could also be a problem. And so going back to my original question of do we know what we really need back there and what will be used as opposed to what works. PD The answer is we know we need more parking unless we just want to do let the buildings expand without any. We really (inaudible) Andreino's mainly because it's a night use and they can borrow parking from...but general businesses, without question, will need more parking. You're right, eventually for the parking to be most effective, they'll have to develop some sort of rear entrances, they'll have to make the buildings more attractive. There are many...you know, El Paseo...again, President's Plaza is a real 10 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 parking lot. A lot of people use it, and since it was used, a lot of those buildings did get remodeled and got oriented with accesses to the rear. It's not an uncommon arrangement, it's just that right now...again, it's not inviting for anyone to park there. DT I guess the real question too, we have the Palma Village Plan which was never fully implemented for various reasons. I guess...is the City prepared at this time to proceed in a timely manner to accomplish this, or is this something that 20 years from now we'll be looking at and saying it hasn't worked, hasn't gone forward. PD The answer to that is something the Council will have to answer. Staff recommendation and hopefully the recommendation that you go to them with is that, which is kind of like the initial premise of the discussion, is what do we have to do. If we're not...and that's part of the motivation for scaling it back to some sort of...providing options that provide some sort of an economically palatable solution, that if we're not prepared to do something in terms of expanding parking, we should forget about expanding parking and then just look at prettying up the alley, making it functional. But whatever we should do, we should do something, and if we're not, again if we're not prepared to take on the financial burden of building this thing, then we shouldn't do anything. Whatever it is, we should give the property owners, both the commercial and the residential property owners, some certainty as to what to do with the future. The residential ones on those vacant lots can go...they can build houses on them. People who have existing houses, they know they can fix their roofs, and it's worthwhile for them to do that without having their house torn down a year from now. So a decision should be made and committed to. DT So as far as the perusal of this commission, if we were to approve one of these plans, perhaps we would want to put a caveat on it that we do it either in a timely fashion and/or abandon it and not move forward in any way so that people can take away some uncertainty on their properties, both on the business and on the home side. PD Yes, absolutely. SJ A follow-up question on Commissioner Tschopp's comments. Did GPAC or staff ever review the possibility of, let's call it an Alternative C that would deal with the existing parking shortage only rather than with the expansion. For 11 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 example, creating pockets of parking in conjunction with an employee parking management plan, something that would effectively eliminate the existing problem but not be directed towards the possibility of future expansion? PD The answer is no. The plan that...one thingthat we didn't want to see is a lot of parking and then a house and then a lot of parking. Again, in terms of the residential environment, we wanted to see continuous house frontages on the circles. This plan probably lends itself most to that in that you can jog back and forth 25 feet without...you know, we could probably do these one at a time without significantly impacting the residential character, have that line go in and out. The 46 feet becomes...well, the 46 plan requires continuous aisles on the side and that probably, it's got to go (inaudible) or not. But this one probably could go, and it does that...you know, for a 50-foot lot, it adds five parking spaces, which is 1200, 1300 square feet. Or, again, if we were doing it, it could be kind of like on a first come, first served basis. If someone wants to do their remodeling now, they can take advantage of two sections or three sections and pick up 15 spaces, 20 spaces, and then we can kind of assess and as case by case goes on into the future. SC Okay, any more questions of Mr. Drell? Now, I do have some blue cards here, if there anyone wishing to speak in regard to what we...okay, please step up. DM Good morning, Madam Chairman and Commissioners. My name is Donna Madsen and I live at 73-341 San Benito, and I first want to say in response to the question had Mr. Drell met with any of the homeowners of commercial people. I want you to know that he has bent over backwards. I had many long detailed conversations with Mr. Drell, and he is very thorough about providing material, making suggestions. And his coming up with Plan B, of taking only 26 feet, instead of the 45 feet of our back yard, makes an entire difference because, for example, Mary McGowan's Irish Inn is short of parking, and if you take 45 feet of my property and of Ms. Rodriguez's, that parking all night long, it's a jolly place, and lots of wonderful people that socialize late into the night, would be parking within six inches of my bedroom window, with the 45, but with Plan B, I would have a 20-foot buffer. And I'm already talking to my gardener about trees and bushes and everything to put in on my side to help buffer that. And that makes my home still livable, so I really recommend and hope that you can go with Plan B or with Commissioner Lopez's suggestion to leave it as is. Nothing has 12 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 happened for 25 years, and the future is certainly generally uncertain for all of us at this point. Another suggestion would be is to take one of the commercial lots and turn that into a parking lot. So, thank you for your time, thank you for Mr. Drell who has listened and who has come up with Plan B and other suggestions. We very much appreciate your sensitivity to the quality of life for our homes and properties, as many people have had this property for...Lucy has had hers for 30 years, it's been in my family for 50 years, and we very much appreciate your thoughtful and considerate thinking on this project. Thank you so much. SC Either Lucy Rodriguez or Bertha Perez? LR Lucy Rodriguez, and I've lived there for quite a while. Right now... SC Can you give us your address also, please? LR Oh, 73-361 San Benito Circle, and one of the things is that I was never notified that this was happening until just a few weeks (inaudible) I live up in northern California. My daughter lives here, my kids were raised here and everything, and I was a little bit disappointed because I wasn't notified of what was happening. I got a Portola but nothing about the alley. I will see that whatever is reasonable, that it will benefit for the City or whatever, but a lot of the businesses there on the alley, they have never really done anything, I mean my yard is surrounded with block all around, and so is Donna's and a lot of the back yards there. I realize that they're old, but it's mostly the businesses that it looks, to me, more shabby, because it makes it kind of dark. And I was there for a lot of years and I saw a lot of things, and the alley does look kind of rundown and everything. It seems like there...what is it, the 26 is okay, but it seems like the businesses should do a lot more of the back because that's what looks more untidy to me. Thank you. SC Bertha Perez? BP Hi, my name is Bertha Perez, and I do reside at 73-361 San Benito Circle. I do agree with Mr. Drell that something has to be done. This has been planned for many years, and nothing has been done, and we'd like to fix our area, too, but we've all been kind of in limbo. And 111 I think you do need to kind of take care of the looks. And the 26 feet I think will be perfect and have the alley looking good, and then people would park back there, you 13 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 know, with the trees. And you know, we do our part and the businesses hopefully they would do theirs because it does, you know, people are afraid. I live right there and wouldn't walk back there. It's scary. You need lights. I have two kids that are going to COD, so I am going to stay there for a while, so it would be nice. And it sounds like you guys...he has a really good plan, he does. And I think it would, you know, people driving along 111, too, you'd see a much nicer area, because when I drive, you know, you can see everything out there, and I do think a wall and maybe some trees and nice parking, and the businesses, I'm sure, would work, you know, I'm sure once they see all this they'd put money into their own businesses. They'd make it look better because they do want their clients to, you know, park in a safe area and I'm sore they would put more money into it, they would. Right now, they're not because the road's cracked and who wants to drive back there, who wants to park back there. Nobody. So it sounds like a good thing, and the City should invest money into it because I think it would just better the whole 111 area. It gets used a lot, it gets used quite a bit, it's the main road. So I do agree with him. Thank you for listening to me. SC Thank you. Anyone else in regards to this? Please come forward. TP My name's Tim Palmer, and I live at 44-900 San Clemente Circle. Can I point to the map real quick...(inaudible)...where's the car wash at (inaudible) PD And what you're seeing is the superimposed potential house that can occupy a lot after the expansion. TP Are we talking back here... PD You're right here. TP These are proposed? PD Yes, all the white things are actually proposed showing that the remaining lots can still accommodate a single-family. TP (Inaudible) PD It's still zoned R-1, yes, and those are 1,600 square foot pads. 14 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 TP I do have a window tinting business Phil was referring to, Filter-Lite, but the car wash has been there many years, there used to be a hardware store where the cleaners is. I've put up with noise, the Red Barn partying, it doesn't make much difference, I've been there for 35 years almost. And about 20 years ago, this same thing that Donna and Rodriguez was speaking of, everything is in limbo about what to do, so again like Phil says, why should you put a roof on your house if you're not sure how long you'll be there. The City had a lawsuit against me being there running a business in a residence, and it's been that way many people before I ever bought the home in 1970. There's always been a painter in there, an electrician, it just lends itself to that kind of environment. I want to point out one more thing. When I was back in the Planning Commission a few years ago, probably when the lawsuit was against me, thanks to Ray Diaz, but where the line should have separated residential and commercial, knowing that Palm Desert was one of the fastest growing cities back in the 80's, and that was (inaudible) eliminate San Marcos, keep all the circles with residences there, keep San Gorgonio, but anywhere from (inaudible) to south should have been eliminated way back then, knowing the growth potential for that area. I think it was decided when the City wanted to go to the Cook Street industrial area that a lot of this part got neglected and so therefore they didn't need mine, they didn't need Donna's, etc., etc. And that never got implemented. But that way you don't have the residential people trying to get through to the Highway on that and make that all parking and expand the buildings. But move the alley or road there, offset it like it is further to the est and run the road up against that wall with your buffer zone and keep that all commercial but take everything like me out of there. I'm like a boll weevil, I don't care where I go. But I have been there many years, and it is very frustrating like Donna and Rodriguez said. And the poor guy that owned the car wash couldn't even repave his parking lot because apparently that's not a desirable business to be there. And, of course, they've opened up another "restaurant/bar" across San Marcos way, and I think there might be room in that parking lot for golf carts to park in the "designated" size of spaces. But I wish them good, I've known them for a long time. Take as much as you can now because you're going to need it. I go along with Phil. Don't hesitate again and again and again, year after year for 20 years in doing this. I'm willing to work with the City in any way, but my suggestion is do it now. I hope to live another hundred years but the City's going to be here for 500 years. Thank you. SC Thank you, Mr. Palmer. Anyone else? 15 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 TP Could I say one more thing? I don't mind the pocket parking, there's nothing wrong with that for now, until...people have been parking in the streets and everywhere as far it goes now, you may as well not put those three residences behind me, make that the parking lot if those commercial people need that parking. The previous owner a long time ago was storing cars back there, and the City made him tow the cars out of there, and it was his property. Of course, it has since sold, but make that parking back there. It's too small for those three proposed homes to get in and out of San Clemente Circle. I mean, just by walking it, looking at it, and living there every day. And as far as the amount of parking on the frontage road and in the alley, I look at it every day, and I see plenty of parking left over as I drive by there five and six times a day. But I would do the major move if I was the City. Thank you. SC Thank you. MC Hi, my name is Michael Castelli. I own Castelli's Restaurant (inaudible) And reino's. Thank you. SC Can we have your address, please. MC 73-098 Highway 111. I think, first of all, Phil has been working very hard to try and do something to the back of the alley, and for me and the rest of the people, we need to know if it's going to happen. Second of all, 15 years ago I opened my restaurant. It was a very small restaurant, I sat 30 people. Steve Smith here told me you need to put landscaping in the back of your alley because we are going to make this alley beautiful, and that was 15 years ago. I have since remodeled three times. I seat almost 170 people. Why is it I do not have a parking lot? I'm probably the only business that doesn't have its own parking lot. Thank you, City, for letting me expand and do that. Two years ago I expanded and I probably have the most beautiful building on the back of the alley that is the ugliest alley in the neighborhood because you said we are going to make it better. So we all are waiting for you to do this. Other things that are...I speak for Radio Active and the pet hospital, that that alley, which is supposed to be a street because you do the water and everything, needs somehow to be fixed because you can't drive through it. And this guy has been preaching to get something done, so I think what really needs to be done and figured out, and I feel sorry for the homeowners, figure out if we're going to do something or leave it because Sabby and Dave, you guys were both at First Bank, and you've seen when 16 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 you drive through there how bad it is, especially when I have delivery trucks, I have everything, nobody can go through there. It's a hazard. In the corner, you can't drive in the alley...l'm sorry, street...you need to fix it or leave it for another 15 years and make people make the backs of the buildings beautiful. For what, I don't know. So I think I speak for a lot of the people here that we need to make a decision about doing something with that. Thank you. SC Thank you. SJ Mr. Castelli let me askyou aquickquestion while we haveyou upthere. just What I'm hearing is that your point is that the City has a responsibility to maintain its streets and roadways and that that particular alley or street is in need of some of the City's attention. With regard to the parking, whose responsibility, and you're a business owner, whose responsibility do you think it is to create parking for private businesses? MC Well, I tried to do this. I bought the lot behind me. SJ I'm not focusing on you. MC Right, I understand that. SJ You said you talked... MC Okay, I tried to do something. I bought the lot behind me and was going to buy the lot next to me for parking, but the City said we do not want parking between two residential houses. So I'm in limbo waiting til hopefully the City figures out something to do with the parking. I don't have the answer for the rest of the business owners, but I think the rest of the business owners could expand their businesses similar to like I did, all the way to the alley, and have the parking if they wanted to. Similar to like we did at Keedy's, the back of Keedy's, you have parking all the way in the back there, and it's nice. Thank you. SC Anyone else? LW Good morning. My name's Locksi Witte, and I live at 44-870 San Antonio Circle. It's the property with the swimming pool. I'm here today because my husband can't make it and he'd like me to actually bring up the fact that the Core Commercial Area Specific Plan and the Palma Village Specific Plan, 17 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 the first which was adopted in July 1987 and the second, the Palma Village Specific Plan, which was adopted June 13, 1985, is showing up again in this new General Plan. And the alley, according to the City's implementation plan, is going to be an assessment district. My question is does it mean that if the City does not get 51% of the property owners approval on the new tax, this whole plan won't go ahead, or is there another method the City is going to implement this whole plan? The other thing is, I agreed with Dave Tschopp that if the Commission does approve this, that there be a time limit on it. It is difficult for us. If you're doing 26 feet or 45 feet, the structure in the back, which is the living unit for us, is going to be gone, and our air conditioning unit is 30 years old, it's going to go. We have to decide whether we want to sell the property and move on, but the thing is I found out that I'll have to disclose, if I'm going to sell my property, what's going to happen to the alley in the back. So it's going to put us in a bind, you know, what we're going to do. So I'd appreciate the consideration that if plans are going to be made, you know, that we residents be informed what is going on and that there's a time limit on it so that we can get on with our lives. My husband had to put in the pool when he became disabled, and that was money we pumped in, and now even the City's Housing Authority is not going to buy up the property for affordable homes because it has a swimming pool on it. So...thank you. SC Anyone else? Okay, Mr. Drell. PD That last question. It is our...maybe it's an act of faith that we...which was reinforced by our experience in the past with Presidents' Plaza...that since we are doing this for the benefit of the commercial property owners, it is our assumption at least half of them will be supportive of it. If it turns out that half of them aren't supportive of it, and basically what we do with Presidents' Plaza, we first gave them the proposition. We said we will invest a million dollars in your parking lot if you agree to an assessment district to maintain it. And if they would have...my assumption was that if they said forget it, we're not going to maintain it, we would have probably walked away from the deal. So our assumption is, and it's all everyone's doing this, that commercial property owners will be supportive of that deal. Another thing I'd like to talk about, which is the...those houses that are going to back onto this alley are going to be noisier. It's not going to be like living in Big Horn or out in a quiet residential neighborhood. There are going to be benefits and burdens on those property owners to stay there, to live there. If they're the sort of people who like the guy who lived behind Ruth's Chris, if they went to 18 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 work at 4:30 in the morning and had to go to sleep at 9, then that's not the place to live. On the other hand, there are benefits to being right next to the action. If you're someone whose lifestyle is compatible with being in that location and being able to access the businesses on 111, there's a benefit. The burden is it's going to be noisier. So those are not going to be...for someone who likes peace and quiet, it's not the place to live. And hopefully...but we still believe that it's better to have a house there. I grew up 50 feet from Sepulveda Boulevard, which we used (inaudible) at that time was the freeway, the main freeway between San Fernando Valley and West L.A. and Santa Monica, and it had benefits and burdens, you get used to it. In New York City, you have multi-million dollar penthouses on, you know, Fifth Avenue. It has benefits and burdens, and hopefully the people make their choices who enjoy the benefits to live there. I think overall, it becomes better for the whole neighborhood to have those houses. Any other questions you have for me? DT To address some of the concerns and move us forward, I guess, as a part of the General Plan, can we draft something that would be a proposal. Assuming that we will adopt some stance on this, some change, can staff draft a proposal that's included in the General Plan and a specific time line to get it done. PD Sure. DT So that if the businesses don't agree, if this doesn't happen, etc., and so forth, that the area would then not be disturbed. PD Or Plan C comes in where we just clean up the alley. And it is an alley. It's a 20-foot, and Mark could...it is a 20-foot wide littered lot that was created by the original subdivider that created the commercial and residential parcels. What happened in those days often, that lot would be offered to dedication to the County and actually what appears to have happened maybe here, it actually happened with a lot of the "alleys" in town, the County never accepted the dedication. When the City incorporated, we assumed all of the County's right-of-ways, and then they kind of disappeared, and no one remembered about these things. And so some of these alleys, although technically those dedications are in perpetuity, I'm not sure if we ever were able to find whether we actually accepted the dedication of this thing. 19 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 MG We have not accepted the dedication here. I should say, though, that we're in the process of identifying all of these offers of dedication that weren't accepted by the County. It's a paperwork nightmare trying to find them, and then we intend to accept them all in one action. So this should be considered a public alley. PD And again, hopefully a design...this might be someplace where we need speed humps. That's another issue. If you can bring those trees fingers then it tends to visually narrow it and tends to slow people down, but that would be the other thing, part of the design, to try to figure out ways to control the speed. SC (Inaudible) on any of this today? SJ I thought we were going to do it all together when we get to it. PD It would probably be good to discuss. It's up to you, but while it's hot in your mind to either give discussion or give us direction. It's up to you. SJ I don't know. We haven't done that with the rest of the General Plan. Are you suggesting we deviate from that? I thought we were going to wade through the entire Plan and then get to the discussion. PD Well, these items where we have folks here that we might not want, they might not be interested in waiting until we wade through everything else. SC Well, my feeling is if we're going to go ahead and do it, I would like to go ahead and actually go all the way and go with Plan A and have the 264 spaces. We have those businesses facing Highway 111. They are old buildings, and even though the parcels are small, there may be someone that may come along and remodel them and have one larger building instead of two or just expand to the alley and we would have more employees and more people who would be coming to the businesses so that we would need more parking spaces. And it would be just like Presidents' Plaza that has been restriped and restriped a couple of times, and we cannot squeeze any more parking spaces in there. And, again, if we're going to do it, let's go all the way and do it correctly and have all the other businesses in the back clean up their act and make it more pleasant and more...how do you say...crime-free, if there is any crime back there. And I do agree with 20 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 Commissioner Tschopp in having a deadline when all of this should go ahead and be completed. CF I would concur. I sat on GPAC and listened to many people speak about what it is that needs to be done. My view of Plan B is it's simply a band-aid approach. I understand the impact on some of the homeowners, but our job here is to look 20 years down the road and try to do what's best for the entire community. So, therefore, I would feel that Plan A is the best. I think that we need to somehow amend an ordinance so that the owners of the buildings are required to clean up the back side of the buildings. I think that if the alley is a public alley and that is the City's responsibility, that that alley needs to be cleaned up. I think that adding parking would help along with landscaping and trees and then putting in the required time line to make sure these things get done and that the property owners are not left in limbo because that's another thing I'm really hearing is, you know, do something. And this would be my idea. DT Well, first I'd say that I think that in some respects that area is a blighted area, and it truly needs the attention of the City and the concerted efforts of the Redevelopment Agency and traffic, engineering, etc., and so forth. Having said that, I'm not convinced yet of either A or B plan because I haven't really, it hasn't really been demonstrated the number of parking spaces that are needed, and I haven't really seen any documentation that the City has the resources to do it all in one shot. And I'm afraid if we adopt the wrong plan, we could be sitting here 20 years from now saying we didn't get it done again. So in some ways, I kind of lean to Plan A, the 26-foot movement, to hopefully get the thing off and running, to get that area cleaned up and get things approved. At the same time, looking down the road, it would probably make more sense for Plan B, so I guess I'm saying at this point in time I still need some time to really study this. But I truly think there has to be a concerted effort and we need to have the businesses involved in cleaning up the back area. We need to make that...it's not an alley, it's a street...and we need to kind of acknowledge that and/or take away that possibility of it being a street. I'm not convinced that people, customers, will walk across the alley/street to the businesses the way it is right now, so if we were to implement either plan, I think we need to somehow make certain that it truly does benefit what we're trying to accomplish there. So, I lean toward the 24-foot alley, the Plan B I guess is what it is, only because I'm concerned that to try to implement Plan A may not get done in a timely manner. Whatever we do, I think that we need to 21 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 make certain that we draft a proposal that truly states a time line that it be accomplished and if it isn't accomplished, that it be abandoned and then the alley simply be cleaned up and improvements made by the businesses to the buildings. JL And I would...I guess I'm looking at it a little differently, and I think that...where I'm coming from is I believe that the burden of the parking issue needs to be shared a little more than 50% as pertains to the commercial developers on that alley. I think that we need to do something. Shame on us for listening to people who 15 years ago were told something and nothing has happened since. I think that we need to move on this. I think we need to do something. The alley is...and I drove it this morning when it's the quietest...it looks terrible. I would not want to have a business...I guess I would be embarrassed to have a business or have a home that backs up to such an ugly situation. Mr. Palmer has probably lived in some of the...Mr. Palmer mentioned...some of the great places there, the Red Barn and the car wash, and they've been there for an awful long time, and I've used those facilities. I've never gone to the Red Barn, but I remember anyway, but I think it's time to do something, and I think that the residents, the commercial owners on that alley/street, whatever you want to call it, need to share in the burden on this. And I think that it needs to be shared by the people who develop the businesses there. And to have allowed that alley behind their buildings to deteriorate to the point that no one will go back there and use it..I mean there is parking back there, and no one uses it. I mean I know that anybody in their right mind wouldn't park back there half the time. So, I mean, it needs to be shared by the commercial people, it needs to be done, there needs to be a time line on this. At first I was looking at the Plan B, which would not have as much of an imposition on the homeowners along that area, lets them maintain their property and most of what they have right now. You know, I'm not opposed to the wider one, but I think we need to do something, and I think it needs to incorporate not only the widening onto the property of the residents, but the burden needs to also include the redevelopment of the areas behind the businesses. And we should not just make this one...I mean we have an opportunity now to take an area that looks pretty bad and create a very unique alley or walkway, business environment, that would impact positively to that area. And if it's a meandering street that goes through with street lights and trees and beautification, I think that's where we need to be. And I think 15 years down the road or 20 years down the road when we look at that, we can say man we did a great job with that, and now we would be using that instead of 22 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 Presidents' Plaza to compare what we should be doing in the future when it comes to developing needed areas that need to be improved. So I guess I would say I'm in favor of something happening immediately or as soon as possible, and it would involve additional parking back there. I'm not going to say one way or the other, but I do think it needs to happen in a timely manner. SJ So it appears we have some Commissioners in favor of Plan A and some in favor of Plan B; of course, I'm in favor of Plan C. Let me explain what I mean by that. I think...I'm trying to focus on a)what the real problem is in that area and b) what the City's responsibility is for fixing that problem because I, for one, don't believe that government is responsible for fixing all problems. But there is some shared responsibility here. Plan C as I envision it would incorporate many of the elements of Plan B, which is a 26-foot incursion but on a modified basis. Meaning that parking, at least initially, would go in that north side of the alleyway on a spot basis, hopefully where it's needed and hopefully where it causes the least amount of disruption to the residential neighborhood. And the idea is that it would solve the existing problem, not try to solve the potential future possible expansion of some of these private businesses. And the reason I say that is I think that the most urgent issues, the existing parking shortage and traffic and circulation and all the attendant problems that it creates, we need to deal with that right away. The City's role in terms of future expansion would be to do the same thing that it did on Fred Waring and on Monterey as part of the Palma Village Plan, which is to enable, to create a zoning which enables the private developers to use the north side of the alleyway for parking if future owners decided that their expansion acquisition of additional property and conversion to parking lots, which owners on Fred Waring and Monterey have done. So it works. The Palma Village Plan works, and I think it simply needs to be implemented more aggressively on that part of the alleyway in terms of meeting the needs of future expansion. And that, of course, would be at the private owners' expense. The City's role, furthermore, should incorporate the cleaning up of that alleyway, immediately. I mean, that's a problem. No matter what happens with traffic circulation and so forth, that alleyway is a disgrace, it's used a lot, it's dangerous, it's unsightly and needs to be dealt with, and I think that is the responsibility of the City. Furthermore, I think that the City should encourage, through subsidies, such as it has in the past, an improvement, specifically of the rear of the Highway 111 businesses because some of those rears are just atrocious. If they meet Code, I think the Code needs to be changed because really, it seems like an unhealthy 23 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 situation in the back with some of those buildings. The new parking, when I say on a spot basis, I think should be done via an assessment district, which would be funded partially by the City, as it did, for example, at The Gardens parking structure, and partially by the private business owners because I do remember the restaurant owners, the George Metsovas's (spelling) and others that came before us and said I want to build my building and, trust me, this is all the parking I need now or I'll ever need. Well, now that they're coming back to us and saying I don't have enough parking, I don't think the City should dig into its pockets and relieve them of the problem that they created for themselves. So I think there needs to be a sharing of partnership in resolving the current parking problem. So I would suggest an assessment district, not just for the maintenance but for the construction, with the costs to be shared between the City and the private property owners. Finally, I concur with what I think I heard all my fellow Commissioners say, which is it's time. Enough is enough. So we need to adopt a time line and either the plan gets implemented or we abandon it, say you know what, we the City have fixed up the alleyway, we've tried to work with residents, we've tried to work with property owners, there ain't going to be no more parking, so move forward on that basis. If we get to that point, that's at least better in terms of letting everyone know where things stand and where they will in the future. So I think we need to adopt a time line that has a do or die deadline and stick to it. That's my Plan C. SC There you have it, Mr. Drell. JL Could I, Madam Commissioner, make one more comment. On some of the comments that Commissioner Jonathan made, I'd like to say that this property on Highway 111 is prime real estate, and right now it's not being fully utilized and hence, the City is not realizing the sales tax revenue that they could get from this piece of property. So I would hate to see us adopt a Plan C which is simply to just clean up a bad area in back. I think we need to look forward, and I think the City has set the precedence by helping or being instrumental in creating parking in Presidents' Plaza, The Gardens, and even the mall. So I think to come into an area that is prime property, that needs the City's attention to help that property fully develop into its highest potential, is something that should be done and probably should have been done 20 years ago, but now that we're here, I hope that we get it done and move forward. So I would hate to see us adopt Plan C. I hope we move forward and make the best of this property for both the neighbors, 24 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 the homeowners on the north side, and the businesses on the south. And, yes, I would expect the businesses to pay their fair share. PD Since a large part of this decision will depend on how much we think we can afford or are willing to pay, and that really only lies with the Council. Obviously, if you were given a blank check, to make everyone happy, you could come up with an Option D. So what John and I will try to do is draft a summary discussion, which we will forward to Council expressing all of the various permutations of opinion. You're all...l kind of agree...it really comes down to what we can afford to do. And, therefore, in essence convey that to the Council because I don't you guys are really in a position to make that decision or even make that recommendation because, again, you don't have the checkbook, let alone a blank check. SJ Well, what I envision, and we're having discussion now only because you suggested it because we have folks interested on this matter. What I envision is that when we're done...I mean, this is part of the General Plan discussion, so what I envision is that when we're done with the whole discussion, that what we would draft is a comprehensive narrative about our recommendation because that is our role, it's just to recommend to Council where to go from here. So you're not suggesting that this be a separate... PD No. In the land use element there is a section on the Palma Village Plan. That's where this would go. It's just that, again, you guys are at a disadvantage. This isn't just a Planning issue, this is a Redevelopment issue which is ultimately influenced by how much money you have to spend. And the Council are the only ones who can make that decision on how much money they want to spend because they can look at all of the various programs in the City and priorities so that...I think what I heard is that we should do as much as what we can afford and be prepared to do and we should try to do as much as what we can afford to do. Ultimately, it will be the Council's decision of what we can afford based on how important they think. So we'll give it a shot. MG Could I ask for a couple of points of clarification from a Public Works perspective. At the last meeting, last time we talked about this, a couple of residents were concerned about San Marcos and whether it should be closed as part of this plan. I'd like to get some feeling from you in that regard. 25 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 PD Yes, I meant to talk about this also. One of the general issues in circulation is you should either have limited access or loss of access. The reason is what you don't want is a little bit of access where the traffic that wants to go in a particular direction gets concentrated in one spot to the detriment to those particular owners...everyone else loves it because they don't get any traffic, but the people who are on that one little street that gets all that traffic. P p So we did get a letter from property owners on San Clemente Circle requesting that San Marcos be ultimately closed, which solves one of the problems that Mr. Palmer talked about, people using that as a shortcut to San Gorgonio and that way. I would say in this case it makes sense. Good news is we picked up another lot and could build another house there. And that is partly...which we'll get into when we talk about the rest of the General Plan. Also part of my motivation is that we're actually, we're kind of housing- poor in this City relative to our housing demand and therefore the reason for preserving as much housing as we can, where we can. SJ Just to comment on that very briefly and to answer Mr. Greenwood's question. Yes, I do favor the closure of San Marcos for the reasons that Phil discussed. I think it makes sense. This is coming out of left field, but maybe you ought to consider, and maybe you already have, one way access on the alleyway as we have on certain other secondary access streets. Because it is not as wide as a full street, it may make sense. And the third and final comment with regard to Mr. Drell's comments is you were saying that we all favor the approach that the City should spend what it can to fix the problem. I do not agree with that. I think that there is shared responsibility, as I mentioned earlier, between the City and between private property owners. And I guess this is my final comment. Plan C doesn't just fix the alleyway, it does make the financial commitment and the full commitment to eventually get in all the parking that is required. It just does that initially through spot parking and subsequently through encouragement of additional parking for private developers that want to expand and create additional space on what they should recognize and evaluate whether it's a prime area that deserves that kind of investment. PD The Palma Village Plan did contain specific requirements for reimbursement for the businesses that actually expanded. It's just that certain coordination issues that individual property owners just don't have the ability to do, that the City has to do, it's hard as an individual property or business owner to take the time and effort to organize people all over the country that the City has the ability to do. 26 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 MG And then assuming that we were going to close San Marcos to vehicular access, would it be reasonable to assume that we would want to maintain pedestrian access to the neighborhood with an access to the businesses. We're talking about closing it to vehicles but not necessarily walling it off completely. And then another issue I would like to clarify is that I think each of you mentioned the look of the alley now. Were you talking about trash and weeds and that kind of stuff or were you talking about architecture and fences. JL I think it's a little bit of everything. CF All of the above. MG What we could do in the short term is have the Code Enforcement Department go out there and take a look and see what codes are being violated and have it spruced up. And we could probably do a one-time sweep with Public Works forces and pick up all the trash and pull the weeds and then make sure it's on the sweeping schedule. If you'd like, I think we could take some interim steps along the way, since this is a many-year process. CF That would be great. DT The interim step in nice, but I think we need to take, again, the big view and the long-range view. To answer your specific question on San Marcos (inaudible) the possibility of being stoned by some of the people that live on those streets, I've used that cutaway for years. It's very convenient, and having said that, I would say absolutely you should take a look at closing that and maintaining the integrity of the residential streets there. But I'd hate to see us put a barricade there as we've done in other parts of the City which I don't think look like they've been completed. And, again, I know that's a problem of how much money, but it's just my thought. MG I think with this one where we're building an entire parking lot with walls and everything, it would be easy to incorporate to make it look like an integral part of the project. JL And I would concur. I think we should close San Marcos and work with that and make that a desirable location. I'm sure residential access would be fine, but again, incorporating an entire look to that alleyway. I would also 27 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21. 2003 concur with Commissioner Jonathan that I'm not sure I really agree with financial segments that you were talking about. I think the narrative needs to address the need to move ahead on this particular project, a time line based on the finances would be fine, but the need needs to be that we need to move ahead on this. I think that as good a job as we've done with other parts of this community, we really have neglected that area, and I think we need (inaudible) SC I concur also with the closing of San Marcos. MC (Inaudible)closing of San Marcos, one, is the access to my restaurant, which is a very busy restaurant. Two, putting a band-aid on Sabby's Plan C would mean I would put a parking lot between two residentials, and it is not creating anything better. Dave and Jim were doing...what we need to do, I think, is what we did on Fred Waring and Portola. You have the opportunity, you have the needs, make it nice, instead of trying to put a band-aid on something that definitely needs a bigger band-aid. SC And we agree. PD Okay, moving on, let's now turn to Portola. You have your own copies, hopefully that you can see. This is a somewhat simpler problem. Again, what you're seeing is the proposed expansion or the ultimate improvement of Portola as recommended by the GPAC, which includes a four-lane road with a median, with bike lanes on both sides, and at least 12-foot parkways along the sides showing a double left from Portola, westbound on Portola, and it shows what's remaining. To summarize quickly, between De Anza and a half block south of Santa Rosa, it shows at least 180 feet left after that dedication or that acquisition of right-of-way. Some areas...north of Catalina, we have actually 150 feet, so while those areas are not...the right-of-ways will come relatively close to the existing houses, there is still a lot of room left to do something with. The GPAC in this area recommended medium density residential, which is less than ten units per acre, which would in essence...where you have one unit, you'd see two. Staff is not especially convinced that we could induce anyone to actually do that. I don't think...it will not be...again, I don't believe it will be appropriate or likely for a property owner to take out his one house and put two houses there. And back to the other comment is that in these redevelopment area situations, you don't come up with a perfect solution, but the solution that we've used in the past, that I believe has worked is professional offices where we have lots that are 28 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 deep enough. We can put, if we want, we can, given the shallowness of these lots compared to some of the other places where we've done this, limit it to one-story, but if we want...again, the private sector, private property owners to take a lead on the redeveloping of these areas, you have to give them a use that's clearly economically superior to what they have now. I don't believe medium density residential is enough. Conceivably, high density residential might be enough to induce redevelopment of these parcels. The shallowness also makes that somewhat difficult. North of Fred Waring, since it includes also creation of a (inaudible) right southbound from Portola to westbound Fred Waring, the lots right north of our kind of lineal park and narrow it down to 63 feet, which is still theoretically developable, that you build an office building and then a parking lot next to it and then an office building and a parking lot. You wouldn't be doing parking lots in the back, they'd be side by side. North of Rancho Road, it expands to 91 feet, which again is...unfortunately these areas are not wide enough for a park, too wide for a parkway or very expensive for a parkway...you know, we did that thing on Fred Waring because there we were under 50 feet, we were between 40 and 45 feet, and it's very nice, but it's a very expensive solution for the remaining real estate. Again, it's another whether we want to pay for it or not. The other issue relative to the remaining property owners that are behind, nothing knocks down the noise like a building. Reports that I've heard from some of the property owners who now live behind our Fred Waring parkway, that it is significantly noisier now than it was when there was a line of homes there, that even an eight-foot wall is not as effective at stopping noise as 13-foot-high buildings, which are 20 feet deep. Again, given the fact that there is no perfect solution, coming up with a land use that is likely to be pursued by those property owners in a timely manner, the same issue of...this is not something that we're going to...this is one of those solutions where we're just going to try to come up with a land use that works and hopefully the private market solves the problem for us. Our suggestion would be north of Portola, as shown on the map, I mean north of Fred Waring, that we determine what the right-of-ways, approve the right-of-way and then allow the property owners to figure out a way that they can economically develop the remainder. And the same on Portola, I mean south of Fred Waring to De Anza, that I think either high density residential if you don't want to do offices but I think historically small offices have worked very well for us in these situations. SC Mr. Drell, do you remember what three lots were purchased by the architects that they mentioned last time, was it by Catalina? 29 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 PD I believe they are right here. Those have the benefit of this weird, kind of (inaudible) lot that looks like it just has a swimming pool on it. So, that area ends up with almost 150 feet of depth left. SC Over the three lots right there on Catalina? PD I believe so. SC So it would be north of Catalina. PD North of Catalina. The City actually owns a couple lots. I believe they own these two. SC The two gray ones? PD Yes, those were owned by the...we bought those from the old water district. SC Any questions of Mr. Drell? CF Just one question for Mr. Greenwood. When we discussed this in GPAC, we talked about a four-lane and a six-lane widening of Portola to the freeway. Refresh my memory as to why the four-lane is more feasible. MG Well, the modeling for Portola shows that the future volume will be something in the range of 25,000 cars per day, where it's about 20,000 cars per day now, a little bit less than 20,000. So that 25,000 to 28,000, maybe up to 30,000, could be handled adequately by a four-lane road. And there's also...Portola would make a very good bike route. It actually connects the residential part of south Palm Desert to the rest of the City in a pretty reasonable way. So from a staff perspective, we recommended going with four lanes with the bike lane. And it should say too, the map here shows two-way left turn lane, and it probably should show raised median instead of two-way left turn lane and show turn pockets at the appropriate streets, so it's not completely accurate. So our feeling is that Portola can just be a four- lane road. And it's also a matter of the practicality, that once we get down towards the 111, we simply cannot get a six-lane road in there without major impact to existing viable businesses that I don't think we would...we just wouldn't entertain doing that. Something I'd like to add while I have the floor is that while you're considering zoning here, hopefully you'll take into account what the quality of life is to live in a house on a street with 25,000 cars per 30 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 day. That may happen in other areas, but in Palm Desert, it probably doesn't match the quality of life we'd like to portray. And also from my selfish perspective, all those driveways on a busy street cause traffic problems, so I'd just like you to consider that. CF Thank you. SC Mr. Greenwood, again with Commissioner Finerty, the four lanes right now, most of Portola has four lanes right now except between Rutledge and Highway 111, so that's most of...that's the only change that's going to be done there? MG Right. It's a very narrow four-lane now...it's under construction between Fred Waring and 111 where it had been just a two-lane road that was very heavily impacted. The problem between north of Fred Waring is that they are very narrow lanes, ten-foot lanes right next to the curb, and we do have some safety concerns there. We would like to spread out a little and develop the standard road section rather than just four lanes jammed into what really should be a two-lane road. SC So actually most of the changes are just going to be taking place between Rutledge and Highway 111 on Portola. MG That's what's portrayed here, and it's not to say that some other miscellaneous widening wouldn't happen further to the north as part of making Portola a truly four-lane arterial road. North of Rutledge our problems are somewhat less, the lanes are reasonably wide, so I wouldn't see any major impacts to properties north of Rutledge. SC So you don't think that probably 20 years from now we'll go through this whole thing again and will be wanting six lanes on Portola? I mean, it's happened on the corner of Portola and Fred Waring going south where we made the right turn there, now all of that will need to go ahead and be redone again, and this was only done a year ago. MG Portola is the one street that we just don't know. The model doesn't show that much growth on Portola. Where it shows Monterey increasing by at least 50% in traffic volumes over 20 years, it only shows Portola growing by like 20% maybe, and modeling is a very, very imprecise tool, so we have to be careful. So I can't guarantee that someday we wouldn't decide that we 31 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 needed the six lanes, but that would, you know, 20 years down the road we may decide that those businesses that are now viable and very vibrant, by that time maybe they've moved on, maybe that property is available. But with the situation we're given right now, today, it's difficult to recommend anything more than four lanes. SC So actually, we're looking just for today but not really towards the future. MG No...well, for 20 years. PD Sometimes, again, depending on what you have. And we're just not talking about...in this case, we're not talking about taking the back yards of some homes, we're talking about knocking down some large new office buildings and restaurants, which we're talking about those buildings that are between De Anza and...I think we're also talking about some homes as well south of De Anza on the west side where the back yards of those condos. MG Yes. PD So we basically have so much new, high-quality development that I think we're stuck for 50 years, short of major demolition of very high-quality, very expensive structures, with four lanes. Remember, people tend to make their choices. When a certain road gets at capacity and gets to a certain amount of inconvenience, they start moving elsewhere. So that's why we're going to the six lanes everywhere else. Sometimes you're stuck with what you have. SJ I have a question, I guess, (inaudible) as well. And I'm sorry if I missed this, but what is the status of the Portola freeway interchange, and would that impact your assessment of the future of Portola. MG The Portola freeway interchange is a current CIP, Capital Improvement Plan, project. In fact, we have a meeting with CalTrans later this week to discuss it. We should plan on seven to ten years for construction. I have researched what the traffic model data show, how does this Portola interchange affect Portola near Fred Waring, and it shows very negligible impact. The model was run with and without the Portola interchange. And I think the volume difference at Fred Waring was about 1,000 vehicles per day on 25-30,000. The impact on Portola in the Frank Sinatra area was, like, 20,000 per day, 32 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 so the impact with and without the interchange is much greater further north. Once we get down south of the Whitewater, it has a very modest affect. SJ Thank you. SC Any more questions of Mr. Drell? PD Okay, we can move on to... SC Does anyone here want to go ahead and speak in regard to Portola? Okay, go ahead, your name and address. MH Margaret Hartsworn (spelling), 74-038 Catalina Way, facing right on Portola, so I'm glad to hear it's okay for 50 years. Anyway, the comment that I really want to bring up is that there has been talk about a stop light at De Anza. Now, how is that going to impact our Portola Del Sol complex, and I don't know if there's anyone here from next door Portola Village, because it's quite, quite difficult and has been getting worse and worse since the extra lane was put in and now with the four lane, it's going to be even worse. Now, cars charge right by the curb and we're wondering how this stop light at De Anza is going to impact our getting out to go south or north probably will be a little easier because the light will possibly be red and hold back the traffic, it can turn out to go north. But what about the light at Fred Waring. If that's green, there are going to be cars going there. You cannot turn out, and if there's anyone wanting to turn west on Catalina, they stop right there in front of our complex. So even if you have a chance on one side or the other on the traffic, there's going to be some impeding you by turning onto Catalina or the light being green on Fred Waring. So we have a hundred units, and I thought there would be someone else here, but I think it should be considered the possibility of a sensor light there like Portola Country Club is, and I gather now the one up there by Chaparral with the development across, the light is already in. It's not working, but it's in. Because it's going to be really rough to get out. So I know that individual residents across on the west side of the street also have the problem, but we have the problem of getting out of our complex. And with the light at De Anza, we feel that it's going to hold up traffic, yes, but if it's green, they're going to be charging because now there are four lanes going to be open. And it's going to be awfully difficult for us to get out. So we would like the Board to please consider the possibility of if you're determined to put De Anza in as a light, then what about the possibility of some kind of a sensor light for us when 33 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 somebody wants to turn out, that that should be considered or thought about or debated about. Thank you. Mg Actually, I can address some of those comments now. There is a traffic signal under construction, as we speak, at De Anza and Portola. You'll see the signal poles in the air within the next week or two. So that is a fact. As to additional signals on Portola, we would have to recommend against that. The Country Club and the projects and private developments that do have signals are generally those that have 600 units or so or even more than that within their confines, and so you have quite a number of cars coming out of there every day. So we have to balance the capacity on Portola versus the needs of the residents that are adjacent to it. Where I just finished saying we thought that we could get away with four lanes on Portola, if we were to install signals at every 300 feet along Portola, we would definitely need six lanes, so we balance one impact for another, and we need to be very cautious about that. We hesitate to recommend a signal at additional private development gates. SC Thank you, Mr. Greenwood. CM Good morning, Commissioners. My name is Chris McFadden of McFadden McIntosh Architects, 72-925 Fred Waring Drive, Palm Desert. We're in the process of acquiring three of the parcels at the corner of Catalina and Portola, and I wanted to come up and mention in support of the fiscal aspects of what Phil is proposing here. We gave fair market value, asking price, on the three parcels, and we understand that at the last meeting that we were here, our real estate agent was approached by three or four other owners who have a situation where they can't let go of their properties along the Portola corridor there because of pending City issues that something may happen to those parcels, and upon disclosure, they lose their potential sale. They have approached us, or our real estate agent, asking for viability with the pursuit of the commercial program there, and we're going to be alleviating some of the traffic concerns, I think, with residents pulling out onto Portola there. Ours is kind of a unique project, we've done this in the past with the (inaudible) financial group up the road there, and the land values really hold themselves much better with the commercial use. SC Chris, I want to confirm you did buy the lots north of Catalina Way. CM That's correct. There are three parcels, and we are trying to acquire a fourth. 34 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 SC Anyone else? Okay. Phil? PD Back to the land use map. Also in response to some of the comments that we had last meeting. Going from south to north, there is the issue brought up relative to what used to be called Laliberte parcel, this is the inholding parcel right south of Canyons at Big Horn, within the...and representative of that property owner questioned the City's redesignation (inaudible) from low density residential to hillside reserve, that it was some sort of retaliation of some sort. The response relative to timing, the GPAC and the General Plan issues dealt with broad land use issues throughout the City, they never really concentrated or focused on single parcels generally. It is true, when the application was submitted, staff was forced to focus for a moment on an individual parcel. As part of the tract map, it showed a topographic, the topography of the existing...of this parcel, which indicated to us that it had slopes in excess of ten percent, which is how we define hillside. We also went back and looked through the files of...back to the original submission for the Canyons, and you have in your packet a slope study that was done by Harold Housley for this property, which indicates that a substantial portion of it, most of it, is above ten percent. The area that is less than ten percent, part of the area, part of the parcel, lies in the channel there, which is the flat portion. But the substantial portion of the developable property is above ten percent; therefore, by definition by how we define hillside in this town, makes it eligible for the hillside reserve. In connection with that, we need to, at least until such time as there is a determination relative to our hillside ordinance, amend our land use designation for hillside reserve which states that the designation permits the development of one single family home on lots of not less than five acres. That's truly inconsistent with our hillside ordinance since we differentiate between...until we get a detailed slope analysis for each parcel, we can't tell exactly what that toe of slope is, and therefore the hillside ordinance allows that determination to occur when applications are made. And those areas that turn out to be in the zone or that are less than ten are treated differently and are allowed one unit per acre. So I'm suggesting that the language of hillside reserve in terms of the land use table state residential hillside reserve, one unit per acre to one unit per five acres, and then the language would also say in the text residential hillside reserve designation (inaudible) development density for lands located on sloping terrain primarily within the foothills of the Santa Rosa mountains. Depending on slope, single family homes on lots of one unit per acre to one unit per five acres shall be permitted. So in essence, since our General Plan designation is general and may include some flatter areas, this allows for that. We talked 35 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 about 111, we talked about Portola. The issue of...we had a gentleman speak and we had correspondence about those properties at the north side of the wash on Cook Street on the west side. Staff is recommending that we accept the suggestions by those property owners, one being that triangular parcel right adjacent to the wash with all those constraints, to allow that for professional office. Also, the three residential parcels on the south side of Cheryl, that now have an office building directly across the way and that are separated on their west by the entrance driveway to the golf course, that those three are appropriate also for office professional. Moving further north, the other issue of concern is the northeast corner of Country Club and Monterey where we have both letters requesting that this be redesignated for neighborhood or community commercial and a letter from the Director of the Redevelopment Agency concerning that this stay residential since it will...the redesignation will inhibit their re-leasing of the vacant Albertson's store. So my suggestion last meeting, as it is now, should be...and we have created a study category...that it is possible that the final land use in this property might be something other than residential. Until we get a little more focused on actual proposals, that we're not prepared to recommend any changes,es but on the other hand, it's not slammingthe door on it...there still should be some consideration of a change in designation. 9 We're not still sure which. You also got a letter from a property owner at the northwest corner of Frank Sinatra and Portola, which you had processed actually an application for a little office complex on a four-acre parcel right there on the corner. You guys recommended approval, it kind of stopped at the Council, partly because of the General Plan, partly some Councilmembers maybe did not think it was appropriate. That applicant/property owner again is requesting an office professional designation. Given the...again, the same issues that we're facing on Portola now we're...30 years ago, Portola was perceived as an appropriate place for homes. Today, the realization that it is not. 30 years ago probably if someone had any bit of foresight, they could have predicted that it was not a good place for homes, but again that's part of the nearsightedness that some decisions get made on. I believe these corners of major arterials, while maybe okay now for a home at Frank Sinatra and Portola, long-term I think a better use is professional office, both from the impact on those property owners and secondly, just visually having a property at the corner that is open to the corner, without walls, where you actually see it and have open space and landscaping, and fronts of buildings I think is preferable to have walls and corners which otherwise we end up...and we end up needing 36 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 to have high, high walls to provide acceptable environment for the residents. So I believe that these...our position then for this property was that professional office was appropriate, and that is still our position. ?? Mr. Drell. PD Yes. (Unclear) PD We're calling it a study area as well so that, again, when that applicant comes back, we'll have a hearing and therefore there will be a focus hearing and the folks in that Shepherd Lane neighborhood will be able to weigh in again on the design of that project and the advisability. You had asked for an analysis of the alternatives, and we have almost all of that. What I don't have at this time is a table for the existing General Plan in this area. I've been able to...one of the problems is that we are dealing with different land use categories, and a number of things have happened since...that have impacted our General Plan already. In looking at the existing General Plan, you see this big swath of low density yellow. If you add up that acreage, it's a bit more than two sections, so it's about 1,300 plus 160, it's about 1,500 acres, 1,400/1,500 acres. If it had been developed at three units per acre, which is a typical low density standard, we were looking at approximately 4,000/4,500 units. What's happened in the interim to a lot of that yellow, you see east of Cook Street, part of that is Cal State, so the opportunity to develop housing west of Cook Street has disappeared because Cal State is there. What you're seeing on the west of Monterey used to be 300 acres of residential, but it's turned into Marriott Shadow Ridge, so between Cal State and Marriott Shadow Ridge, of that 1,500 acres, we took out about 500 acres, so we're down to 1,000 acres for residential. The other thing that's now happened, when you look at the new maps, is that the northeast corner of Portola and Frank Sinatra has been purchased by the Redevelopment Agency, and it's now showing up as a potential Desert Willow III. So from that original 4,000/4,500 acres of housing that we were showing in the original General Plan, we've taken out of housing designation approximately 600/700 acres, almost half of it by virtue of Cal State, Desert Willow III, and Shadow Ridge, therefore reducing the remainder down to something more like 2,000 or 3,000 units. But remember, the existing General Plan probably provided for approximately 4,500 units in that yellow, developed at low density. 37 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 Let's start with the preferred alternative, which is the same as what we've seen, and it produces a total number of 6,000 units, that the assumptions being that the low density would be at three units per acre, the medium density would be seven units per acre, the high density would end up developing at 18 units per acre, which is about 70% of... CF What was medium? PD Seven. CF Okay, and that's an average? PD That's an average. CF Because we're saying it could be four to ten units. PD Four to ten. CF And the 18 that you're saying is an average, it could be ten to 22? PD Yes, and they were saying it has to do with what I see...in talking to perspective developers and what their thinking is, seven units per acre it to me the most typical medium density because that is what you can build detached without alleys and unusual layouts. Three, again, is what our typical low density has been on average. 18, again, as I see projects that are 13/14 units per acre and projects that are 22 units per acre, so 18 I think is what a fair expectation is. And we came up with 6,000 units. What is fairly typical...the thing that doesn't change in each of the alternatives is the amount of commercial. We're looking at, as you see, ten million square feet of varying forms of commercial, and that actually doesn't include the University. CF Phil, I have a question. PD Sure. CF You're saying that the commercial doesn't change. PD Substantially, yes. 38 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 CF Okay, I'm looking at our current plan for commercial, in the EIR section, which is Table 3-1, and I'm showing that the existing commercial plus the potential commercial, comes to over 15 million. PD For which....we don't have a table for just this area in the EIR. CF No, not for just this table, I'm talking for the whole City. PD For the whole City. Okay. CF Okay, but most of what's going to get changed is at this end of the City, correct? PD No. The other misleading correction we have to make...in the EIR, when it says City-wide... CF Right. PD ...it's also including the planning area... CF Nope, nope, nope, nope, not on this one. I see where it says sphere of influence and planning area, and I'm not quoting from those. I'm quoting from existing City existing square footage, City potential square footage. PD Okay. CF And that would be 15.5 million roughly. PD Okay CF The preferred alternative decreases that down to 14.1 million. So there is a difference. PD Between that and existing General Plan, and if you look at...if you compare the existing to all of the alternatives, you'll see where that change occurs is north of Gerald Ford to what is 35`h. It's showing all industrial, and in the alternative, we've converted most of that to residential, so we have increased...we have... CF So what we've really done is converted that to high density residential. 39 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 PD Well, let's look at the...in the preferred alternative we converted to high density and medium density, correct. And that is where you see the difference...again, my estimate of the existing, assuming all the yellow got developed as residential, which we know it's not, about 4,500 units in the preferred goes up to 6,000 units because of the increase in...if the fact that it's not all low, that we have medium and high in there. CF Well, I know that some of the Planning Commissioners didn't sit on GPAC, and I just think that it's a good thing to point out that there would be a reduction in commercial and what's being touted then is to increase medium density somewhat and high density substantially, and that is what GPAC's preferred alternative is. And although I sat on that committee, I did vote against it, so that's why I'm trying to show the other side of the story. PD We'll hear all sides of the story. SJ What's the reduction to commercial in this area? CF They don't have it. PD It's approximately...basically, we calculated commercial based on 25 percent coverage, so basically we took out about 160 acres and figure 10,000 square feet of development per acre, that's 1.6 million. SJ For this area. So it would have been, let's say 12 million, so under existing land use, down to about 10.3. PD Yes. And the motivation for that partly had to do with the imbalance between...and housing demands generated and the traffic generated from all that commercial was not being balanced by the housing production which after we take out Shadow Ridge, the University, and Desert Willow III golf course, it probably ends up with about more like 2,500 units. So then we looked at...so that's the preferred alternative. There was then a less intense alternative...let's look at the less intense alternative, which is the last table, which reintroduced low density. Basically, what all the alternatives attempt to do is to create two neighborhoods, or actually three neighborhood sections. You have the Shepherd Lane neighborhood, which is proposed to continue to develop along the current low density pattern. You have the University neighborhood on Cook Street, which has commercial on Cook Street. And I'd also like to point out that all the alternatives, including the 40 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 existing General Plan, what is not showing up on this General Plan map remember was the Wonder Palms development agreement which designated the Cook Street/Gerald Ford as commercial. All the alternatives are in common pretty much on the rest of the commercial showing the Cook Street Frontage as varying forms of retail commercial or office or mixed use. What it has essentially done is reconfigure the commercial. The existing plan shows it more on Gerald Ford, and it is our feeling and the feeling of property owners and the GPAC that Cook Street is a more appropriate avenue for the concentration of commercial, not Gerald Ford, and so all the alternatives show the corner of Cook Street extending down to Gerald Ford as various forms of commercial. And then creating neighborhoods between Cook and Portola, another neighborhood north of Gerald Ford between Portola and Monterey. So, in each one of those a less intense alternative low density residential was reintroduced, reducing both high density and medium. CF Mr. Drell, how can we compare the less intense use to the current zoning? How would those numbers of low density residential of 1,242 compare to how it's currently zoned? What would be the total number of units under today's zoning? PD I said under today's zoning, assuming that we were having...based on this map, it was about 4,500 units. CF Of single family. PD Of units, period. The only multi-family...in the Wonder Palms agreement, they had ten acres, which doesn't show up on this map, ten acres in the study zone, you have ten acres of multi-family, but all the rest of it was low density. But there was, as I say, there's about 1,800 units of it, 1,800 acres of it which at three units per acre is at least 4,500 units. CF But I need to try to compare what the less intense alternative is to what our current use is, and I see that you have it for the less intense, the preferred alternative, the staff recommended alternative, and the more intense. We're just missing the last piece of the puzzle. PD We're missing a chart. The good news is that the existing General Plan has only three land uses in it, it's all low density, and I said, the low density 41 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 residential is approximately...it would be 1,500 acres and at three units per acre, that's 4,500 units. CF Let me ask you this. If our current zoning, and this is for the entire City, not counting the sphere of influence or the planning areas, our current zoning is showing that there's a potential for another 6,861 units, of which 5,199 are low density. PD No. CF That's throughout the entire City. PD Throughout the entire City, correct. CF Correct, okay. So would it be fair, then, to say that most of those 5,199 units that are potential would exist in this north sphere area? PD Yes, that's correct. CF Okay. So if we were to do some sort of comparison, would we also further draw the conclusion that the potential medium density of 1,124 units would exist in this area? PD I don't understand how you got the 1,124 units. CF There's 1,124 units of potential medium density residential. PD City-wide. CF City-wide, correct. PD Yes. CF Okay, and then the same thing would be for the high density, the 537 units City-wide, but the majority, overwhelming majority, would be in this north sphere. PD Yes, that's true. CF Okay, thank you. 42 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 PD Where that existing number is somewhat misleading...in looking at that, residential units were imputed to the University campus, residential units were imputed to the 170 acres that we now own for a golf course and residential units were imputed to Shadow Ridge. So that's why dealing with the existing General Plan is a little bit tricky. Not only are the designations different but we have areas that are designated that are now...effectively they've been taken out of the housing market. CF Okay, could I just make one point to my fellow Commissioners before we move on to another use. If you take this less intense recommendation, you see that the residential for low density is calling for 1,242 units, but realizing that the existing, the way we have it now, would be 5,199 units, so it's a considerable reduction in low density housing. Similarly, with regard to the medium density, where our current plan calls for 1,124 units, it would shoot up to 1,618 units. And again, with high density, existing is showing 537 units, high density would then be changed to 1,471 units, which is almost tripling that, and this is the less intense use. SJ This is for that area. CF No. SJ Or is that in total. The numbers you just gave us, is that the total, Cindy? CF Okay, in the less intense, those numbers are for that area. SJ Right. CF What I'm comparing it to are numbers for the entire City, but you heard me ask Mr. Drell would most be in this area, and he said yes most would. Okay, so this is the less intense use. SJ What are those numbers again? CF 5,199. SJ Right. CF 1,124. 43 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 SJ Right. CF And 537. Now if you take the same exercise as we go through all of the other scenarios, the preferred alternative, the staff recommended alternative, and the.more intense, you're going to see the difference between current and what the proposal is, and you're going to see low density go down dramatically and high density/medium density rise dramatically. PD And there's no question that it happens. That was intentional. It was a perception that we're running out of land, we have the...that 10 million square feet of commercial development generates huge amounts of housing demand, the University will develop and generate huge amounts of housing demand, and given the land we have left, it calls for a different character of neighborhood in terms of density, not necessarily a different character in design, and I can argue that it can actually be superior in terms of design. But there's no question that the intent of the alternative is to maximize the housing potential on the remaining land we have left to attempt to meet the housing demand created by that 10 million square feet of commercial. SJ A couple of questions on that chart before you go on. And by the way, it would be helpful to have a chart, as you've done over here for existing. PD We can. Can someone go over to Bob Ritchie's to see if he's done one, he was supposed to be doing one for me. SJ My question to you, though, on the drawings, on the existing uses, you've got that brown area which you call residential study zone. PD Correct. SJ But in fact that is not an existing, I mean, that's not a zone. PD This isn't a zoning ordinance, this is General Plan. In reality, everything north of Gerald Ford in the Wonder Palms is designated as commercial. SJ Okay, so when you say existing, that brown part is not...that doesn't truly exist. PD It is what our General Plan shows, and it made the zoning designation subject to that plan, which is that Wonder Palms plan which in essence made 44 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 everything north of that, in terms of zoning, planned community 9 development. We've seen no actual projects on there. Technically, we could have some residences. If you remember what was in the Wonder Palms,they talked about mixed use, potential of multi-family. It's ambiguous. Unfortunately, it's still ambiguous to a certain extent. SJ What I'm trying to get at is the existing General Plan shows what land use where you've got that indicated is a residential study zone...we don't have that as an actual land use in the existing plan, do we? That's a term of art that I've only (inaudible) PD Yes, we did, we do have it. And the reason was in this area there was a line drawn and, as you recall, 2,000 feet from the railroad tracks and the freeway, which is what that line represents. It said depending on individual projects, we would kind of assess them on a case by case by basis whether they be residential or commercial, that because of the impact of the freeway...and so it was kind of left up in the air as projects came in. That is actually what that weird area is. SJ There is an existing land use in the existing General Plan, the 1995 General Plan, that calls that a residential study zone. PD Well, it was actually created by the North Sphere Specific Plan, which is what this came out of. SJ Okay. My other question is, when we look at the roadways in the preferred alternative, it seems to me that they kind of reflect reality and what we expect to be reality and then some of the other renderings, the roadway portions are very different. For example, in the more intense use, we don't even have Cook Street going to the freeway, so is that just an artistic thing? PD No, that's a...again, I got these delivered this morning, that's just a mapping error. SJ Yes. I knew that was an error there, but in some of these other ones, the roadways don't connect, that's just a mapping (inaudible)... PD Yes. 45 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 SJ ...(inaudible) we looked at the more comprehensive roadways like in the preferred alternative or the staff recommended alternative, that would probably be a more accurate representation. PD In that those were far less conceptual. Obviously, when we get to the staff recommended alternative, that was far more (inaudible) because actually that was done for very specific projects and it reflects very specific project design. SJ Some of which we've approved, including some of these roadways that are reflected... PD A few of them, but most of them, you know, we've approved 35th, we've approved Technology. 35'h is, you know, midway between Monterey, midway between... SJ Dinah Shore PD Dinah Shore and...don't fixate so much on the roadways, this is not a circulation element. It just kind of gives you an idea. Okay, this is a number which is probably a more realistic number in terms of number of housing units in that we have deleted Marriott, which we know is not going to be housing, we've deleted the Cal State, and I guess my guesstimate turns out to fairly accurate, and we've deleted the golf course. We would end up with...and we added the one ten-acre piece of the Wonder Palms plan, which specifically is designated as high density, and we get 2,100 units. That gives you kind of an idea. CF Okay, so what you're saying is from the entire City, for low density, we have 5,199 units that could be developed. But after you take out the University and the Marriott and all these other things you're alluding to, that's going to reduce all the way down to 2,004 units? PD 2,184. CF So you're saying it goes from 5,199 to 2,184. PD For this area. I don't know where you're....your 5,100 number isn't exactly in this area. 46 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 CF Yes, I understand, it's for the City, but I didn't have anything else to work with, I just pulled it off the table (inaudible) PD But this is the actual...that if we take out an existing zoning, we take out the areas which have been taken out of the housing market by other land use decisions, we're down to 2,100 units. CF So what we would really be doing, for example, on the University Park existing, comparing that with the less intense University Park, it would be a difference of 2,004 existing units versus 1,242 low density units. PD Right. CF Right? And since the existing plan is not calling for medium density, we would be adding 1,618 medium density, and we would be increasing high density from 180 units to 1,471, correct? PD That's correct. CF Thank you. PD Yes, there's no question, and again, we're...as Scotty said you can't change the laws of physics. We have 'x' amount of real estate...actually, when we did our initial projection on commercial development way back at the beginning of GPAC, we were looking at only about 6 million square feet of commercial in our rough guess, of which we projected a housing demand of 10,000 units. ?? In regard to the existing in the EIR that you're looking at, the existing housing units... CF Right. ?? The University is not factored as residential, it's factored as public for the University, so the gap that you're looking at is much less great than it may appear. That is, the EIR reflects the 200 acres plus or minus the University as University, not as residential, so the gap between existing as Phil was suggesting it in the General Plan is not that great. It's not as great as... 47 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 PD I think we're looking at 'x' number of units, and there's no question that the only way to increase the number of units on a fixed (inaudible) real estate is increased density. And I guess the question becomes how do you do it, do you do it primarily with medium density or...how do you play with the mix? We saw the housing demand of at least 10,000 units. As you see in all of the alternatives, we fall pretty short of that. Any other comments? But again, there's no question that the numbers are going up. That's the whole point of the exercise. CF But our point as Planning Commissioners in reviewing this is not to necessarily buy into what GPAC or staff says about numbers going up. Our job is to look at how successful this city's been, what that success has been predicated upon, and to determine how our success will be enjoyed in the future. PD Okay. CF Okay. PD So we have the less intense...as I say, it increases...reintroduces low density into those two neighborhoods, call it the University neighborhood, we can call it the Wal-Mart neighborhood, and as a result of doing that, the number of units drops approximately, I guess 2,000 or 1,700. Next, the EIR looked at a more intense alternative, which the high density increased even more, resulting in another...it went up from, for example, high density went up in the more intense 293 acres, you have more high density than medium as opposed to the preferred alternative where it's kind of reversed, 268 to 181 medium to high, and it's basically reversed, and the high intensity we have 293 high and 176 and still the low is still confined to the Shepherd Lane area. And then the number of total units increases to 7,300. And then lastly, we have what we're calling the staff recommended alternative, which incorporates... SJ Is the other one a GPAC preferred alternative? PD Yes. And the difference between them is in essence the incorporation of the two plans that you saw last meeting for the Wal-Mart neighborhood and the University neighborhood where low density has been not only reintroduced but is now in terms of...is now the largest, significantly largest category, 448 acres, and then medium density is, I mean low density is increased 48 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 significantly to 448 acres, the medium density is decreased significantly, high density is only decreased slightly or less so, but it is also decreased significantly. And, again, the unit total ends up being almost identical to the less intense alternative. SJ That includes 286 residential use units in the mixed use area? PD Correct. SJ What does that represent? PD In these cross hatched areas...and although the location of...you see there's a cross hatched area, red and white, on Gerald Ford right at Technology, although the developer of that property would be more interested in moving that towards the west towards the High School site. There is now product being produced where a commercial project will include residential on... SJ Are we talking about high density residential (inaudible) PD Yes, it would probably be high density, and the implied mix would be half commercial, half high density. (Inaudible) CF Don't feel bad, we just got them ourselves. When you talk about the mixed use being split between commercial and high density, how then does that 286 total units get broken down? PD Hard to tell, depending on the project. There is no specific requirement that they build residential at all, it just provides the opportunity to do it. And those areas are somewhat equal in area, probably half and half conceivably, maybe one of them wouldn't have any. CF It's market driven? PD Yes. (Inaudible) 49 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 PD It shows a little bit more commercial in that the preferred alternative, the...we have correspondence (inaudible) from this property owner, in the preferred alternative that was shown as high density residential, and we're now showing that back as an industrial office park. The mix...again, the common elements in other respects is the commercial at the corner of Cook Street and Gerald Ford. It's showing school sites, elementary school, K-8, and a high school. Everything else is similar. The big change is the reintroduction of low density residential as the dominant residential land use. But if I point out that in terms of total number of units, what we've kind of done compared to what the original General Plan did when it designated all this yellow is if all this yellow had been built out low density, we would still have ended up with about 4,000 or 4,500 units. So what this does to a certain degree is compresses those units on smaller area of land as a result of taking those large hunks of land out of production. SJ You just lost me. I thought you said existing would have produced 4,500. PD 4,500 if housing had been developed on Shadow Ridge, if housing had been developed on our 170 acres. SJ Going back to the... PD Going back to our original designation. SJ But the chart shows 2,100. PD Yes, which is what happens when we take all of those out. So we've taken out, we've almost taken out half of the original designation of residential property by converting it to non-residential land uses. And, again, it will be somewhat more clear when we talk about traffic. When you have the destinations, and one of the requirements of General Plan guidelines, and one of the requirements of housing elements, and one of the requirements of State housing law it to attempt to achieve a balance between employment generating activities, jobs, and housing. Unless we want to eliminate a lot of this commercial development along the freeway, we are going to see close to a doubling of commercial development in the City with this development on 1-10, which will be creating a huge demand for housing. Those people have to live somewhere. If they don't live here, they'll be living in Desert Hot Springs, they're going to be living out in what you now see as County open space. The perception that...in talking to housing developers, we are living 50 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 in a land, believe it or not. And the multi-species plan is going to take at least a third of that open space away. So the people have to live somewhere, and if we want to preserve the open space, and if we want to preserve 1-10 as a driveable freeway and our interchanges, if they don't live here, they're going to have to come into town on those interchanges. SJ Can I ask a question on a point you just made. Isn't there a more symbiotic relationship between residential and commercial. I mean, I've heard you say just now and before that commercial development creates a need for residential housing. But when people come in and occupy those residences, don't they in turn create commercial demands which creates...don't they have commercial needs which creates a demand for commercial development as well? Don't they have to go shopping and don't... PD Correct. And that affects the timing. We're not talking about the timing of these things, we're talking about...when the City is built out, whether it's five years or ten years or 50 years from now, what are the appropriate land uses given the physical constraints or impacts on those land uses. The development along the freeway is dictated by the impacts of being on the freeway. I don't think we want to put a lot of housing on the freeway. Also, the freeway is a positive impact on businesses. So you want to take a physical given, which is the freeway and the railroad tracks, that confers positive benefits on certain land use activities and negative benefits on land use activities. So what has always been proposed since day one in this city is that you want to put those uses on the freeway that positively benefit and that aren't impacted by the negatives, which is commercial industrial uses. So there is a symbiotic relationship, of course, between the two. They are both part of the City, they're both things that people, that businesses...with the majority of these businesses are actually...the commercial is going to be industrial office park. So it's not going to be shopping. But they don't build the...let me step back a second. This here is a little unique, being on the interchange. The commercial development of those shops are somewhat independent of the housing in that the traffic that comes through those interchanges obviously can't support...you already see the commercial stuff there before there's any housing at all. So the commercial development at the interchanges will probably occur and can occur before there's any housing at all. It's supported by the whole Valley. The issue becomes, in terms of housing for the employees, do you want those employees commuting in from Desert Hot Springs, or do you want at least a portion of them or as many as you can commuting from five blocks away or two blocks 51 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 away. We're not only talking about numbers, we're talking about length of trips, which has an impact on air quality. The other thing we're talking about is preservation of open space. Every house that is not built here will be built somewhere else in this valley, which kind of differentiates the two types of demand. There is permanent housing demand, and there's reserve demand. Permanent housing demand is probably closely tied to the local economy, how many jobs there are. People typically don't move out here and live here unless they're either retired or they have a job. Reserve demand is probably unlimited, since the market is the world. We could sell as many or as few resort houses...it's not limited by any local occurrence other than if we screw up the environment no one wants to come here any more. The issue is that as a city, that is the commercial, and will be the industrial of the Valley, once this area is developed, which is the same reason why Costco and the mall wants to be in the center and the same reason why the businessman now wants to be in the center, you want to serve the whole market as conveniently as possible. There's nowhere better than being in the center around the freeway. Is there a benefit to the city to its residents to have at least a portion of those people being able to live in close proximity, which takes the pressure off the interchanges. So in essence it tries to address the endemic problem in Southern California which is the absolute long distance commuting-based economy and to provide...in the long term what all the other communities in Southern California have faced too late is they try to get back to bringing people...you know, after the fact, they try to figure out a way to bring housing back to downtown Los Angeles, they're trying to do it in Orange County now after the fact, trying to bring more housing to get people off the 91 freeway somehow, and actually the market is supporting it. Unfortunately, it's too little too late. They came to that realization when most of the land was already consumed. The little dibs and dabs of housing that they can now build in the developed areas of Orange County probably won't have an appreciable affect. The goal here is to try to both create and...just in terms of numbers, trying as best we can. And again, we're only, as you see by even the less intense alternative, only meeting a fraction of the housing demand. The other thing is that what medium and high density does is provides a more diverse economic mix to better address the diverse economic mix of the job market. And, therefore, it provides a greater opportunity for those moderate income and lower employees the opportunity, again, to live in somewhat proximity of their place of employment. CF Mr. Drell, could you answer a question with regard to open space. 52 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 PD Sure. CF On a University Park preferred alternative as well as staffs recommended alternative, there's no provision for acreage for a park/school as there is in the more intense and less intense use. PD Okay, go back to what you just said. CF Okay, go to the preferred alternative. PD The chart? CF The chart...and you will see under open space park/school, there's a dash, there's no provision. PD Under the...there shouldn't be. Again... CF Okay, well that's what I'm trying to determine. PD Let me look at your....on the preferred alternative open space parks... CF And it has public reserves of 21. 29 PD You're saying 180 acres for open space parks. And then under schools, it's showing nothing, and it... CF Correct. PD ...shouldn't show nothing. It should show... CF If I could call your attention then to the University Park more intense and less intense use, it is showing 206 acres. PD The numbers should be 206 because the... CF Then what does that do for the total number of acres, then, what...is something else added in? PD No. Well, if you notice, the more intense shows more acres total. It shows 100 more acres total. The less intense shows (inaudible). One of the delays 53 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 was, and I don't know the source of it, our GIS guy was having a hard time taking these various maps and reconciling the acreages. Again, we were working on it for the last week and a half. The school area should be identical... CF In all of them, right? PD ...in all of them, yes. CF So you're saying that if we add the total of acres in the preferred alternative, we're going to come up with 2129, or is that going to increase by 206? PD It will be 22 something. Again, these...remember, general plans are general. They're showing general areas that...in attempting to quantify them, it is not necessarily productive. We're looking...in terms of target shooting, here we're hopefully judged on how close we...whether we hit the wall, not whether we hit the bull's eye. It's the zoning ordinance when we get more precise. Now what you see the most precise is the staff recommended alternative because that was closely analyzed by an engineer who gave us plans, and our GIS guy still had to transfer those plans to a map, but I would say that one is probably...but again, it shows schools and parks zero on that one, too. CF Yeah. PD I think we're probably closer to twenty two five if we were to do it, but I think... CF And all of these that were prepared were based on medium density being seven and high density being 18. PD Yes. Okay? The reason why staff was recommending the recommended alternative is that instead of acknowledgment of what the current market is, the current market is still strong for low density and we have to give the owners of the property the ability to kind of start off their projects with what the current market, my feeling is and what I'm hearing from developers is that they're finding a harder and harder time finding vacant lands to build new projects, and this valley is going to be forced, just like we're being forced,to look at alternatives. And not necessarily new, these are residential neighborhoods that have been traditionally built in cities in Southern California for a hundred years or more and ironically is now what all these 54 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 older communities are going back to as they run out of land and acknowledge that based on the housing demand...and by exporting your housing, you don't solve your traffic problems, you make them worse. And that's been the lesson of Southern California. CF But there's also no guarantee that if there's even adequate housing, that those people that buy those houses are going to work right there. They still may decide to drive somewhere else because the benefits or the salary is more lucrative. So we can't count on just because there's a bunch of units that everybody that lives in that area is going (inaudible) right there. PD And I'm sure that everyone won't. I would guess 30% of them do. I believe that one, the fact that this will be such a convenient place to live... CF So you're going to be moving there? PD I'm not going to be moving there. I'm going to be retiring and moving... CF You're going to be staying in Idyllwild? PD I'm going to be retiring soon and staying in Idyllwild. I believe given a choice, and the market kind of supports this, people want to live in Palm Desert for the same reason why businesses want to be here. And so we have probably the strongest housing demand. Almost the identical unit that a builder builds in Palm Desert, he can sell for$100,000 more here than he can in Cathedral City. So there's already...given a choice, people want to be in Palm Desert. CF But I... PD The combination of being in Palm Desert, the convenience of walking distance to a mall, Wal-Mart, or a University, or an elementary school, or a high school, or where you work, I think will induce a fair number...and again, everyone that you can keep from having to come through that Monterey interchange or the Cook Street interchange or off the arterials (inaudible) is a saving of a trip. There's the issue of, one, a fixed number of units...and really, this is to a certain degree...for us to solve our problem, every city is going to have to make this same decision, of trying to address their housing/jobs balance because that's the only way you'll...there ultimately has to be a balance unless we have people commuting from San Bernardino, which I don't think we want. The other issue is if everyone has a reasonable 55 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21. 2003 balance, and even if you have people making their own choices, their random choices, of where they work and live, you at least get a hundred percent utilization of the roadways, both directions. Unfortunately, when you have, and what occurred in, what was (inaudible) in L.A. 30 years ago when you had all the traffic, all the morning traffic going one way into jobs and all the morning traffic (inaudible) much congestion but you were only utilizing half the roadway. The ideal situation is for every city to have that balance; therefore, everyone can make their own choices, and you distribute the traffic on the roadway at least evenly in both directions. But, again, we're not even, unfortunately, even with the staff alternative, we're only going to meet a fraction of the demand. CF I would just like to offer for consideration another point of view of why it is that people like to live in Palm Desert. And it might be because of the resort- type community, and it might be because of the low density housing, and it might be because people have left the Orange County area and see how congested that is and have come here and decided maybe they don't want this to turn into another Orange County, and that we would like to preserve the quality of life that we're currently enjoying today. And I wanted to point out a quote our City Manager made from the Desert Magazine, and he's stating that the challenge now is to see that we don't deviate from what got us here. You know, what got us here was the resorts and our low density housing. Ortega warns we must now constantly look back and see what got us to this point, and he sees that as controlled growth, and I would agree with that. SJ Question, a couple of questions. The staff recommended alternative varies somewhat from the less intense alternative, and as I see it, it's in two major respects. Number one, the housing element, while the total number of housing units are almost identical between the two alternatives, there is about the same low density, much more medium density, and somewhat more high density. PD In which? SJ In the staff recommended alternative. In other words... PD Right. In the less intense alternative... SJ You take away from medium and you add to high density. 56 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 PD There's less...if you look just at those areas where we changed, which are the two, you know, the Monterey and the Cook Street ones, there is...in the less intense alternative, there is less low density... SJ Right. PD ...there is more medium density... SJ Right. PD ...and less high density. So we made up...the 4,300 units has a more of a medium density orientation, less of a high density orientation. SJ No. CF No, that's not correct. PD In the less... SJ It goes down. The medium... PD You're comparing... CF The medium goes down. PD The medium... SJ Hang on. I'm going from the less intense to the staff. PD Okay. SJ And what you've done is go down from 1,600 medium density in the less intense... PD Right. SJ ...to 900 medium density in staff... PD Correct. 57 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 SJ ...and conversely, you've gone up in the high density from 1,400 to 1,800... PD Correct. SJ ...so it represents a shift. Total number of units is about the same, but you're shifting more into high density. PD But low has also gone up. In essence, the tradeoff has been between the less intense and the more intense. The less intense and the staff is that low density has gone up a bit from 449 acres in the....it's gone up from 414 to 448, it's... SJ The total number of units is almost identical. It's 1242 versus 1340. PD 13, well it's 100 units. SJ Yes. PD Okay, so it's gone up a little bit, but remember the bulk of that low density is in that... SJ I'm just trying to understand why staff didn't just say less intense is about what we want, so...let me just finish the question first. PD Okay. SJ So if I'm reading it right, part of it is the residential element with the shift from medium density to high density, and the other part, if I read it right, is that the commercial community goes down from 1.1 million to about 379,000 square feet of commercial community development, from 102 acres to 35. PD Okay, your observation is absolutely correct about the residential, and that is based on acquiescence to the developers request. SJ Okay. PD And this kind of relates to my original comment about housing, that our solution to the housing problem the last 13 years is either low density or high density. We have built low density private single family or high density apartments, and the goal in terms of wrestling with trying to produce the 58 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 needed housing in a limited amount of real estate of the GPAC was to try to make that up as much as we can while preserving the single family quality of these neighborhoods. And that is where the medium density came in. Developers request, he wanted more high density. He also wanted more low. He wanted more than the traditional balance of high and low, and I had to struggle to get the medium in there because the medium density is a little bit more of a...for people who haven't done it, it's a product that has disappeared over the last 30...or it is only being reintroduced in those areas where they have to do it. So it is simply...you can say I caved in. A big piece of the community commercial that changed, if you look at the maps, was, and I should have brought this up because I think you have some correspondence relating to it, is that site at the northeast corner of Cook Street and Gerald Ford, you see the difference, where we once had the skate park, I mean the ice skating rink, and we had designated that as community commercial. In wrestling with that property since the ice skating rink disappeared, and one of the reasons why we had the ice skating rink there because it was kind of tucked up near the interchange ramp and therefore it seemed like a good place to hide something, under the interchange ramp doesn't make it a good...the same reason makes it not a good site for a neighborhood shopping center. The fact that it's on the wrong side of Cook Street, it's on the University side not on the housing side, the fact that it is obscured substantially by the off-ramp, that based on the property owners request and our re-examination decided that it is a better extension of that industrial office park which extends all the way behind the University than community commercial. So that took out a big hunk of that community commercial. And I don't believe there was any other change that we...part of that also might have been the addition of the mixed use. SJ Yeah, I don't understand the map because we're taking away that area from commercial community in the staff recommendation. PD Right. SJ But in theory it should be replaced with the industrial... PD Industrial should have gone up. SJ Should have gone but it doesn't. PD And it doesn't go up enough. 59 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 SJ Right. PD It went up ten acres, but it should have gone up, like, or the other one shouldn't have gone down as much. SJ (Inaudible) why the total comes down... PD If we added some more industrial over there, Mr. Noble's property, west of Portola...again, I'm... SJ And that's...we're hitting the wall, not the target, I understand. The other question I had was if we look at the map that's up there right now, north of the freeway there is a large area designated as RH, and actually the yellow section to the west of it is RL, RH being high density residential, RL being low density residential...none of that area is incorporated into your tables, is that correct? PD Correct. We're only looking at the area south... SJ Did staff consider that those areas and others to the north of the freeway could be part of the solution to the housing demand created by the University? PD The answer is...or a couple of things...the answer is yes. The problem is then you have to get the people over the freeway, which becomes your constraint. If you ever drive around Orange County, that becomes a big problem. The answer is yes. That's why we put so much high density there. It's not designated there now. Realistically, we don't think that that amount of high density is realistic. We would actually even be recommending, and what didn't get changed in the graphics since we were all concentrating on the City portion, that the less intense alternative is more appropriate north of the freeway as well. But the answer is yes, that is why we, around 1000 Palms, we beefed up the zoning or are suggesting to the County they beef up the zoning as well to make up for what we see at least a 6,000-unit deficit that even in the less alternative we will end up with. But again, that's a lesser solution in that it forces people going through the interchanges which are the choke points in our circulation system, and when they get screwed up, not only do the people coming off the back going to have a problem but then you can't get on and off the freeway. And then again, you end up with 60 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 the Brea Boulevard or Imperial Highway interchange with 57 freeway that takes..it has about seven lights, it takes you about 25 minutes to get across. SJ Well, that's not the only solution to those issues. I've also seen those areas, and the reason I asked if staff studied that area as part of the solution is we also see bridges connecting neighborhoods that are on two sides of the freeway without access onto the freeway. PD Remember, we are looking at doing Portola. SJ Although Portola will have an interchange (inaudible) but Washington used to have (inaudible) PD They are very difficult, very expensive, given the width of that...and it can be done, but...l'm agreeing with you. SJ I'm not recommending it as a solution. I'm asking if staff studied the feasibility of the area north of the freeway as a potential part of the solution. PD Yes. SJ ...understanding that it could involve elements that either would be cost- effective or wouldn't be, such as a bridge to connect those (inaudible) I don't know. PD The answer is absolutely. That's why you see those designations. SJ Okay. But it is not a part of the staff recommendation at this point, nor is it coming to us from GPAC saying what we really need to do is focus on that... PD No, the answer is it is part of the staff recommendation...that if you look at the preferred alternative, if you compare the preferred alternative to the less intense, okay, or if you see a huge amount of high density in the preferred alternative. SJ Okay, and the staff recommended... PD And the staff recommended...and the reason is we never changed. When we did this map, the concentration was getting all the intricacies of the City portion. We never...but the recommendation, and just realism, that I don't 61 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 think...when you concentrate too much high density in a monolithic...our goal even in doing the high density was not to have huge blocks of high density like they have in Orange County, which again you get...the goal in any mixed...the concept of mixing uses enough is that you get...it's like monoculture and agriculture, you get alternative peaks of activity that work better with the traffic system and relieve congestion because you have people coming to work in one direction, people leaving from work from their homes as opposed to a huge block of residential where a monstrous amount of people are moving in one direction. So in looking at what you saw in that huge block of high density north of 1000 Palms, we just, in retrospect, said that's just too big, that's too much concentration of high density and, therefore, we...in the less intense alternative, you see it's about cut in half. SJ Right. If we expand it, if we kind of lifted our heads up a little bit and expanded the area to incorporate even in the less intense usage the residential that potentially can exist north of the freeway, we would create all the housing the University would ever be projected to require and then some. PD I don't believe that is the case. Remember, it's not the University. The University is not the main housing engine. It's the biggest business. SJ Well, at a minimum, it certainly opens up a tremendous amount of additional housing beyond (inaudible) ?? Actually, it does not. Remember that there are job generating uses also existing in proposed north of 1-10. And the traffic model shows good fit relatively with the preferred alternative between the jobs we create and the homes we create. We have just the reverse problem in the University Park district. SJ Look at how much housing you see north of the freeway (inaudible) PD No, but... SJ ...commercial plan north of the freeway that's going to create that kind of demand...? ?? And the other uses that are there, that is correct. 62 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 PD Remember, even with all our housing that we're showing south of the freeway, we're only projecting a third to, 33-40% of the housing demand. What we're saying is that north of the freeway, at least that is what the traffic model is showing, that we are...it takes that...if you look at the history of every Southern California community, the sort of development that you're used to is only generating 30-40% of the amount of the housing needed to service the commercial uses, which explains why San Fernando Valley got developed. Once San Fernando commercial got developed, why San Gabriel Valley became the housing source, so we've been constant exporting a substantial part of the housing demand to the neighboring developing portion of Southern California in each progressive increment of growth, and that is...which works as long as you have unlimited land to expand to, at some point in time distance becomes a problem. Remember, there was the big push for people to commute from Lancaster/Palmdale into L.A., and then suddenly a lot of people moved out there and they said oh my God, there is a (inaudible), so there's a limit of how far you can do that. It's like an ameba, you get too big, you start collapsing from a...both in terms of congestion, in terms of how much people are willing to commute, in terms of distance. But in essence, the type of residential...and Cindy talks about Orange County. Orange County developed on the low density model. To say we don't want to become like Orange County, we are becoming like Orange County based on the pattern of development that we've followed over the last 30 years. You don't see it until...the congestion part doesn't come until the end, when it's too late. But anyway, you're absolutely correct. Whether we can influence the County to make those designations is a question. I don't think we're prepared to annex 1000 Palms, nor are they interested in annexing to us. CF But we're not talking about going from Palmdale to L.A. or something, we're just talking about going over the freeway from our housing. PD And the answer is yes, that's why we...theoretically, we tried to load up in the north to try and make up for what we knew...and remember, we're staring with the City...if you read the EIR, we're starting with a significant...we're at a significant housing to jobs deficit already based on our commercial we have today. Since we've developed very little, if you look at the map, three- quarters of our land development in the last 20 years has been in resort golf courses. We've been generating a lot of commercial development and in proportion very little permanent residential housing. Our primary residential 63 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 housing source is still the old stuff south of 111, which was developed 30 years ago. CF We had stated at our last meeting that this session would go until 11:30? SC Right. CF And it's beyond 11:30. SC That's correct. CF And I don't think we're close to any consensus. PD We might want to let the public speak. SJ And I apologize, I do have a lunch appointment and I've got appointments booked through the afternoon. CF I do as well. That's what I had planned upon. SJ Yes. (Inaudible) SC Well, we are resuming our public hearing also at six o'clock, but we were going to go ahead and not do the General Plan at six but do all our other public hearings that have been continued. So we have run over time, and your consensus is? CF I would move to continue this to November 4th as recommended by staff, and I think now all the Commissioners have all these little tables and charts, which we just got, and that will give them adequate time to study it and see what they'd like to see. SC And then, also, do we want to go ahead and resume it at six o'clock in the evening, or do we want to have another session at 8:30 in the morning? SJ A suggestion would be, and I sympathize with those who have made a special effort to be and have sat here for, you know, these three, three and a half hours. I would be willing to devote at least a small portion of the initial 64 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 part of our meeting if people wish to come back, and limit the General Plan matter to maybe thirty minutes or even forty-five minutes, really cut if off at that point because we have a significant amount of ordinary City business to conduct after that. CF Yes, we do, and I would go along with the first thirty minutes for public testimony only with General Plan items. SC That's fine. (Inaudible) CF Ma'am, you're out of order. (Inaudible) CF You're out of order. You should please sit down. ?? Tonight we would have time for individuals to speak on some matters we've discussed today that might not be able to speak at our next meeting, which would still allow public input to everything we've talked about today, is that what we're talking about? CF Yes. SJ I think we would still continue to November 4th CF 4th...so we'd have testimony tonight for a half hour and on November 4th as well, whether we meet at 8:30 or six or both. SC Right. And then we'll go ahead and...we'll decide on that this evening after we go ahead and hear testimony for the first half hour. SJ By the way, this is now, what, our third meeting on... SC Yes, I think it is. SJ I think our last meeting we began at four and ended at eleven... CF Right. 65 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2003 SJ ...so I think this body is committed to give this matter its full attention and to ensure that the public has ample opportunity to give input. We're as serious about this as anyone, so...I certainly regret if anyone is inconvenienced, but I think that if they have some opportunity tonight and then again on the 4th and more if necessary, everyone will have a chance to be heard. So I would...do you require a motion to that effect? (Inaudible) SJ Okay, I would move to continue this matter to tonight... CF For one-half hour. SJ Six p.m. to six-thirty, with the hope that only those that truly are either from out of town or who would be inconvenienced to be heard on the 4th will speak at that time, and then to entertain recontinuing the matter to the meeting of November 4th SC Which we'll decide on the time on that... CF Tonight. I would second that. SC All in favor? (All ayes) SC Opposed? Motion carries. So we'll reconvene at six o'clock this evening. Action: It was moved by Commissioner Jonathan, seconded by Commissioner Finerty, continuing Case No. GPA 01-04 to October 21, 2003 at 6:00 p.m. Motion carried 5-0. 66 MINUTES PALM DESERT PLANNING COMMISSION I A. Case No. GPA 01-04, CITY OF PALM DESERT, App (Continued from September 16, October 7 and Octobe Request for consideration of a Comprehensive General I Drell I thought what we would first talk about a little bit is we distributed some revised charts and land use maps in your packet, somewhat reconciling the various alternatives. Also a chart analyzing the existing general plan and there was some discussion of how many housing units existing in the general would result in and see that chart of the existing 1995 general plan existing showing all of the at that time residentially zoned properties in the yellow, also what we were calling residential study zone which was going to be a combination of residential and commercial, depending on the noise impacts relative to the freeway. The chart which shows the result and generates approximate 4,000 units. In comparison you see in the staff recommended alternative and the less intense alternative generates about 4,300 units, so roughly given the estimates of how many units actually get built in a particular zone, they are roughly equivalent and this is what has happened since 1995, is approximately 700 acres of previously residentially designated properties has been taken out of that designation via the assignment of the 200 acres for the Cal State University, the 320 acres of Shadow Ridge Marriott timeshare project, the city's purchase of 170 acres at the northeast corner of Frank Sinatra and Portola for a potential golf course. So what in essence the less intense and staff recommended alternative proposed to do is in essence generate roughly the same amount of residential units in the remaining property to address the housing demand created not only by the 10 million square feet of commercial being developed along the freeway, but the housing demand being created by those formerly residential properties that now are something else which are in essence commercial. The Marriott Shadow Ridge is essentially a hotel, which hopefully will be a 1,000 room hotel which is and will be over the next 5-6 years of build out generating significant housing demands for their employees plus the University, plus not only the third Desert Willow Golf course when built will be accompanied by significant hotel development which Desert Willow will also generate new housing demands, so actually the goal of the less intense and the staff recommended alternative is basically just to stay even with the housing. We had planned originally for this area, back in 1980 for that matter, and the differences between, pointed out by Commissioner Finerty, between the less intense alternative and the staff recommended alternative is the balance 2 .. ' r . : SUBJECT TC L i - REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 between low, medium and high. In the staff recommended alternative, which was to certain degree driven by the specific desires of the property owners, there is more acreage of low density residential and to maintain the same number of units there is slightly more high density residential and where that comes out of is medium density residential, less medium density residential. Obviously if the Commission feels that the balance should be different, the staff is recommending and we feel that we need to maintain, you know we are already at a severe deficit relative to demand, but at least maintain where we were in the existing general plan. Then it could be adjusted with slightly less low density and more medium and that would also reduce the high density. Or get something closer to the balance that was achieved in a less intense alternative. So, that's the discussion. Any questions about...again in all those alternatives, roughly the commercially developed, commercially zoned properties is pretty much the same. We did increase from the preferred alternative, industrial as certain properties at the request of property owners were shifted from, for example, west of Portola, north of Dinah Shore which in the preferred alternative was designated as multi-family, that has been changed back to Industrial Office Park. Business Park in the staff recommended alternative and there has also been some internal shifting from the northeast corner of Cook Street and Gerald Ford from Community Commercial to Industrial Office Park, so the industrial office park category in the staff recommended alternative has increased as a result of those shifts. Finerty Mr. Drell, on the less intense use, are we still not planning for a school? Drell Again, I think what we did was in the different alternatives, as you recall, there was some sentiment whether or not to have a school. So at that time, we said okay let's have an alternative that doesn't have a school. Finerty Okay. Do we need a school? Drell It is our feeling that yes, we need a school. Finerty Is it the school district's feeling that the school is needed? 3 SUBJECT TC REVISION o MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Drell There is no question, in fact we have received, if you look back at the staff recommended alternative, we have received specific correspondence from Palm Springs District designating these 2 school sites, they are engaged in their environmental analysis. Finerty Because they can come in and take the land for their school. Correct? Drell They have the ability to acquire the properties. Finerty So then, if we know that they are looking at these sites, wouldn't it be helpful if all of the options here provided 58 acres for the school? Drell Again, the time, when that particular alternative was created, there was some thought amongst some important citizens of the city that we have no schools, so we created an option without schools. That is why in the staff recommended alternative we have the school sties. That is why in the preferred alternative we have the school sites. So, we have alternatives which analyze school sites. Not all of them do and not all of them need to. But again, the recommended alternative does include the 2 school sites. Finerty So, on the less intense use, if we were to pull out the acres for the school sites, where would they come from? Drell We were showing in less intense, I think we were showing parks for the .... Finerty For the open space parks, the 211 .... Drell For the equivalent amount of acreage, I believe we were showing where the Middle School is we had a large park. Where the high school is, I don't think we showed anything. We showed actually more, we showed high density. Finerty Help me to understand why the amount of acres in each alternative is different? Drell In doing the mapping and under outlining each section, it is a computer issue. We tried to get them as close as we could, or I tried to get my GIS guy to get it as close as we could, but given that general plans in essence are general, the general plan is not like the zoning map, it doesn't have, the zones don't have a fixed legal description. That given the general nature of these designations betting within 100 acres is probably close enough. 4 SUBJECT TC MINUTES ,;: g 4 h — REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Finerty Okay. Campbell Any other questions of staff? Tschopp Just to, so if I understand you right, the less intense with showing no schools is not really an option? Drell I think we always anticipated that what would come out of the hearings would be a combination of the alternatives. It might be an option as far as certain members of the City Council is concerned, so that is why we provided it. At the time we did them, there were strong feelings and there still might be strong feelings, maybe they modified to certain degrees, I don't know. But at that time, there was some direction coming from above to eliminate school sites entirely and it was the GPAC that in the preferred alternative, specifically directed that the school sites be shown. Tschopp But if the school district has the right to pre-empt, move forward, on the land no matter what this commission does or the council, shouldn't it just be included or somehow adjusted for it? Drell Yes, there is and that is why in the staff recommended alternative and the preferred alternative it was included. Tschopp And, just to refresh my memory, the staff recommended alternative is the GPAC recommended alternative? Drell No, remember, the preferred alternative is the GPAC recommended alternative. That is the one where we, and I would not, I guess the answer is why is staff departing from the GPAC recommended alternative which attempted to achieve more housing and has as the primary, has much more emphasis on the medium density housing to achieve that. It has, I guess it is, you know, the art of politics is compromised and the staff recommended alternative is in essence a concession to the desires of the property owners to more easily address today's market and doing the things that they are used to doing which is low density residential, so it has basically reintroduced as a large segment of both the what they call the Cook Street/University neighborhood and the Monterey/Gerald Ford neighborhood, it has reintroduced a large component of low density residential which accounts for the approximately 2,000 fewer units. But again, at least maintains our 5 SUBJECT IT REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4. 2003 projected housing production that really has been in the general plan since 1980 for this area. Tschopp So the staff recommended is the planning staff recommendation? Drell Correct. Tschopp Then the more intense, is that a recommendation from anyone? Drell No. Basically, when you do an EIR you produce a regional alternative just like in essence you have a no project alternative which in this case is our existing general plan. So, you create these hypotheticals just as a means of comparison. Tschopp And the same would go with a less intense. Is that correct? Drell Correct. There was on the GPAC some sentiment for the less intense. I don't think there was any sentiment necessarily for the more intense, but there was sentiment on the GPAC for the less intense and again, you try to create your range so that when you do your EIR study, you can see what changes result with these various alternatives. Finerty On the industrial business park, between the staff recommended alternative and the less intense use, there is a considerable difference of square footage. Drell On the less intense, we divided up that area north of Dinah Shore into light industrial and industrial business park. To a certain degree when you read the descriptions and maybe this is not a criticism, but I think a general plan should be general. In looking at industrial business park it is probably a more appropriate general plan designation. You can get more specific in zoning but if you just look, it is the same area if you have the industrial business park and light industrial together, it equals the industrial business park in the staff recommended alternative. Finerty And do we have somewhere a breakdown of all of the commercial uses, like the difference between Community Commercial and neighborhood commercial? 6 SUBJECT TC o REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Drell Yes, that was distributed last meeting. Finerty It is in my stack, okay. Drell It was in the general plan originally, but we amended it so it was at the last meeting, describing each one of those. I guess the distinctions in the commercial is a matter of the market that it is serving. The neighborhood is to serve the immediate neighborhood. The community commercial would serve the larger area and then regional commercial of course serves the Coachella Valley. Campbell Mr. Drell, can you explain the light industrial zone? What would be going in there? Drell I guess the distinction and this is probably one of the reasons why we went the way we did in the preferred alternative, I mean in the staff recommended alternative, is light industrial is more specifically your auto body shops, sheet metal fabricators, cabinet shops, and irrigation supply. Industrial business park is really more what we've ended up, for example, in the Cook Street area. Campbell But we have a variation of both there. Drell And that is what I mean and that is why we thought that trying to segregate those uses, one from another when there is a very fuzzy line between them. Between, and you know, obviously, in the Cook Street industrial parks, which technically is service industrial which is light industrial, the market has chosen to mix them up and we have not resisted that and so the industrial business park is a more generalized which allows, I guess the other big issue is that when someone builds a building, they really don't know what the uses are going to be. We had in the Cook Street area people building generic buildings and they end up... sometimes they get leased out to designer showrooms, and sometimes they get leased out to sheet metal fabricators or warehouses. Architecturally we have been making them all look like business park buildings. And as a result of our architectural and its design requirements, they became very attractive to the more business park industrial park sort of users, so in essence the decision was to keep the zone more generic, what the market 7 r SUBJECT TC `I~'J " REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4. 2003 determined what the mix is going to be. Again as I can say, one could argue that we have too many categories in the general plan to begin with given the general nature of what this document is supposed to be like. Campbell Then we know for a fact that another Desert Willow will be there? Drell We don't know that as a fact, that was why it was purchased. We did assume that...the redevelopment agency purchased 145 acres east of Portola and west of Portola as well. You know, all the property between Shepherd Lane and Shadow Ridge. We did assume that was going under, even though it was bought by the RDA, that it would revert back to residential. The presumption is, I guess if you are still optimistic about Desert Willow and I think we still are, that when the hotel sites get developed, we will need the third golf course and so it is a matter of when, not if, hopefully. Campbell Because that would help us make an evaluation of what we want there, the high density, medium density or low density, right next to the golf course. Drell Yeah, that is why, I am sure that is the developer's perception of why he put the low density there, to maximize that value. And, again I think the assumption is that is the appropriate location for what will be the last golf course built in Palm Desert. Whether it is 2 years, 5 years or 10 years, unless there is a radical rethinking of what Desert Willow is about, I think that will happen. Campbell Any more questions of staff? Tschopp Going back to the school real quick and not to get specific, but more in general terms knowing what the impact that schools have on a community, both positive, negative, traffic wise, and so forth. It seems to me that where the school is being located at is going to be where there they are proposing to put it, was going to benefit other cities such as Rancho Mirage, and so forth. Are you aware that the school district has perhaps looked also at property in the Rancho Mirage area or is it a foregone conclusion that they are going into this area? Drell Whether they have looked elsewhere, I don't know. They have specifically identified and notified us officially that they have started the process of 8 (-,• tA _ SUBJECT TC MINUTES r�.. , `<< t'_ i REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4. 2003 planning a school at this location. What you have to realize is that they're, this, I guess that there are 2 issues with the school. There are 2 types of schools. One is that their zone of service includes both Rancho Mirage and Thousand Palms which is north of us. In terms of, if you look at for instance, the Middle School, the K-8 which is the one that is planned to be located in the Monterey/Gerald Ford quadrant neighborhood. In terms of long term probably center of gravity, that is not too far off. Their desire with the high school, which is obviously more skewed to the east then the center of gravity, partly has to do with their desire to be as close to the University as possible. They plan on calling this University High School and my understanding is that it will be kind of a magnet school for the district with special programs which have association with the University, which could conceivably draw kids from all over the Palm Springs District because of those special programs. So, that is their thinking. But we have been officially notified for both of these sites, that they are, it is their intent and they are beginning the development and review process to whatever they go through which is what they ultimately go through with the State to get these sites approved and move them along towards development. My presumption is that the High School probably is a good ways off but the elementary middle school I believe is funded in that bond issue they passed. My recollection was that the acquisition of the high school site was funded in the bond issue, but not the construction of it. Also, just the planning of the construction of high schools take a lot longer. Finerty Okay, so the high school is at Portola and Gerald Ford and the elementary middle school is north of Gerald Ford? Drell Correct, in that neighborhood, so obviously, the K-8 is more situated as a traditionally neighborhood serving school. The high school as you recall, initially we were trying to site the high school inside that Cook/Gerald Ford neighborhood and it was originally sited right after the commercial, right west of Cook Street. What we heard from, and we heard it second hand from the district, was initially they thought they could create a cooperative relationship with the University for the sharing of athletic facilities, potentially a football stadium or football field, not a stadium, and they need only therefore a smaller site on the ground there since they were sharing athletic fields. Apparently that didn't seem to pan out, so once they needed their own athletic facilities, having a large, a potentially, and again they had to look into the future 20 years from now, football facility in the middle of a otherwise 9 SUBJECT TC MINUTES REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 quiet residential neighborhood didn't seem like a good plan long term, which is why they needed more real estate and they wanted it in a less impacting location, which is why it got changed to Portola and Gerald Ford. And again, it is showing a street running through part of the high school site and that is just our GIS guys overlaying one thing over another and not reconciling them. Campbell Have any questions with this study? Lopez Have you talked about the mixed use? Drell Not yet and you want to know, you have a question about what it means? Lopez Well, I guess I would like to understand the rationale on staffs recommendation versus GPAC's recommendations as far as location and uses of mixed use. Drell We didn't have a mixed use category in the preferred alternative at all. It first showed up, and although you don't have that here, or you should have it if you kept it, as a suggestion of the, from the suggested master plan suggested by the property owners and developer of the University Park master plan, Cook Street/Gerald Ford area. In the preferred alternative you saw a high density area at the northwest corner of what would be Technology and Gerald Ford and that turned into a mixed use and actually the discussion from the developer is that he would like to have that mixed use moved towards the high school, which, but again mixed use is a very permissive flexible designation and really it says, the original motivation was to get as much housing and multi family housing adjacent to the University and adjacent to the industrial business park. In essence, one of the things we are going to be talking about in circulation is, you know the more cars you can, a land use arrangement which allows origins and destinations to be proximate to each other and eliminate the need for people to enter the arterial system, you know every car we keep off the arterial system is a benefit. If you looked at the EIR, you look at how many of the 20/20 even if we should turn everything to 6 lanes, how many segments still went to F and the reason is if you look at the way a lot of the City is designed, almost every trip from a residential area to where someone wants to go forces someone to go onto the arterial system and that is why 10 r,, Fors SUBJECT TC REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 over a time they have been failing throughout southern California. The goal in the preferred alternativen and of the goals in the urban design element 9 and articulate elsewhere is to create as many opportunities as possible for people to get from their origin to their destination without directly, without having to enter the arterial system. That is the theory of mixed use. To say that these areas, that this area or somewhere in that block between a high school and Gerald Ford on the north side, if we can create and this is a product which existed commonly in American cities and European cities for hundreds of years and disappeared after 1950 is coming back in metropolitan areas throughout southern California now and San Diego and elsewhere. If you can develop multi family housing in proximity to either retail or professional offices or industrial business parks you've provided at least some opportunity for people to make that choice, that I'm going to live and walk to work. So that is the theory. Obviously not everyone is going to do it, but if 20% or 30% of the people do it, for every car we keep off the arterial, that forestalls that level F maybe a little bit longer. Finerty As I look at the staff recommended alternative for office professional and I see only 3 tiny spaces which is the equivalent of 14 acres, why is staffs thinking that we need so little OP? Drell Again, the office professional, we have all of this office, industrial business park which encompasses office professional. Again, this is our experience that we have used the office professional zone in the existing city primarily as a fix where we had formerly residences on major arterials and we needed a compatible buffer use to go between the residential behind and the arterials or commercial in front. Finerty Yeah, but... Drell Let me finish. And this is just going by our experience, we created the service industrial zone on Cook Street to put all the, at that time, light industrial uses. It seemed what the market decided was that the distinctions that we made it in light industrial didn't...really weren't all that important and we had tremendous demand for office professional going into the light industrial. In this situation, since we're starting from scratch, the only area where we have that residential kind of high arterial commercial conflict is along Gerald Ford at the Gerald Ford/Sinatra corner and we are potentially 11 .. , FT SUBJECT R. MINUTES tr `� ® REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 suggesting that in the study zone at the Frank Sinatra/Portola corner, but otherwise we are saying that... Finerty But there is really no buffer. Drell Where? Finerty At the Frank Sinatra area because you've got mixed use and then you've got that little bit of OP and then you've got the open space, so I don't know what you're really buffering. Drell Where are you referring exactly? Finerty Okay, on Frank Sinatra west of Cook. Drell Frank Sinatra west of Cook. Finerty It is a little purple spot. Drell A little purple spot. Finerty Just west to the mixed use. Drell And that's a, you're right. That could be mixed use, that could be anything. You're right. That little spot is, again that was at the suggestion of I believe the developer of that property. I guess it's not large enough to do a major commercial development the way he has it. That University Drive, that arterial spine road has to...they want a certain distance from that intersection to Cook Street and that left that little piece of stuff between that and city owned property, and it wasn't big enough for a significant commercial center and it's not big enough for a resort property probably. If you look in our preferred alternative, we had originally, this is before we kind of, we really showed that as a resort commercial at that corner. Finerty It just seems like that corner is really .... Drell You mean it's fragmented. 12 SUBJECT IC MINUTES REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Finerty Yeah, exactly, and it seems like that there could be a better way to divvy that up. Drell Where you don't have that little, well again, it allows some private offices to have a view of the golf course. Finerty The other thing, and I don't know how the rest of Commission feels, it would be simpler for me if we didn't have all these categories. If we are going to say that office professional is really part of the business park and commercial is commercial. Drell There is a little, well there is some use for that distinction. The industrial business park does include the body shops and the sheet metal fabricators and all the mix of stuff you see at Cook Street. Finerty And that is not light industrial? Drell Well, it is a, what we found in Cook Street, it was hard based on what the market was demanding, it was hard to make that distinction. The distinction we do want to make, there are certain areas where we don't want...there are certain broad areas and I think the areas north of Dinah Shore are areas where through design we can incorporate compatibly all of those various gradations of uses. There are certain areas where we don't want the sheet metal shops and those we just want the offices, so there is, while we eliminated the distinction between light industrial and industrial business park, the distinction in a few select areas, and remember, these designations apply throughout the whole city, not just here, and we still have, it is still relevant throughout the rest of the city where we still have that buffer problem to retain the professional office designation. Where we just want offices, we don't want a mix in the light industrial type uses. Finerty Well I guess I was looking at taking that little spot of OP on Frank Sinatra and making it all office professional on that corner and eliminating that mixed use. Drell Or, I would make it all mixed use. Remember mixed use allows the.... Finerty I know, but I am not thrilled with mixed use because of the high density residential. If it were mixed use between office professional and commercial, 13 Air o SUBJECT TC REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 I would be happy with that. But to me, it is just another pocket where you know 22 units per acre could end up in there. Drell Well, and I would argue that that is a good thing, that where there is proximity, again a part of the goal here was again to put as much multi family housing as close to the University as we could. And, Finerty Well, that was some people's thoughts. Drell That was the vast majority vote of the GPAC's. Finerty It was heavily made up of educators. Drell It was made up of a group of hand selected representatives of the community by the City Council. Finerty It was still heavily made up of educators. The other issue with regard to OP on Gerald Ford, I guess basically is the intersection of Portola and Gerald Ford, if we're talking about using OP as a buffer, why are we only buffering half of it? Drell If you look at the preferred alternative, we did do neighborhood commercial right on the corner and then high density and then medium density. We did buffered, we did grade it. Finerty No, I am talking about, I am sorry, I am talking about buffering it west of Gerald Ford, because it looks like you would have low density residential backed up to Gerald Ford. Drell Oh, I see, so continuing west on Gerald Ford, there is no problem there. Again that is...unfortunately, that is the one property owner we got absolutely no input from on what they might have wanted...was the redevelopment agency who owns that property. Finerty Okay. Drell And so, in those situations where we got no input whatsoever, that was designated as low density residential, we kept it low density residential. Remember we can always amend it and come back and change it if the 14 SUBJECT TC MINUTES "p N ® REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 property owner so desires but that was, I guess that was just a matter of our path of least resistance. We didn't want to be Finerty I think it is a good concept in general to have OP buffer low density, I was just thinking that we need to be consistent and if RDA didn't have any input, maybe if we were to make that OP all the way across there, then if they were to look at it, then maybe we would hear from them. Drell I would agree with you 100%, because the reason why I think that is a good idea, I believe that having uses that face the street with an open front without a big wall, which is a far more attractive street scape then what you get at the back end of a residential area. Secondly, it is more economical in that, you know we are having this controversy over the maintenance of residential perimeter landscaping. Finerty And that would eliminate... Drell Exactly, that would eliminate it because you have a use that...the offices by nature have to maintain their front yards instead of having it a the backyard. So I would agree 100%, it creates a more attractive street scape to have nice buildings facing the street as opposed to block walls in the back ends of houses. Lopez Just as a point of clarification, we are looking at Gerald Ford at the corner of Portola, the purple area there. Drell Yes, she is suggesting that that purple area should extend to the west all the way to Shadow Ridge. Lopez And then what about across the street? Drell Urn, we had discussion with the, again you probably want to hear from that property owner which I don't know if he is here or not. You know the original idea when you look at the preferred alternative, to have some degree of and we were showing medium density residential, we were showing some right at corner, some neighborhood shopping, a little neighborhood shopping center and some high density so there was some degree of that going on. If you look further down on the north side of Gerald Ford, you saw apartments. Again facing...the idea was that those apartments would face Gerald Ford, not back onto Gerald Ford, so there was some attempt to put 15 rap. SUBJECT T( iY..; 4 a? mi REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 high traffic compatible uses on Gerald Ford. The property owners were adamantly against that. They wanted to do what they wanted to do which is what you see in the staff recommended alternative and believe it or not or if they believe it or not, ultimately I suggest things to the property owners but if they are intent on doing something, then sometimes for the sake of compromising and moving forward I go okay. But if you guys feel that it is important to do something else, that is for you to recommend. Campbell Can you tell me what the quasi public facilities are? They are scattered in different places? Drell Okay, if you look at the Campbell The staff recommended Drell If you look at them now, they have a S, if it says public facility S, that is the, okay, on the Monterey/Gerald Ford neighborhood, that is the K-8 middle school, the public facility... Campbell The gray areas. Drell The gray area anticipated by that property owner, they are talking to a church. Campbell So, we have 3 gray areas in the staff recommend alternative. Drell The other 3 gray areas are.... Campbell Gerald Ford and Portola and then Portola and Dinah Shore Drell Okay, the Gerald Ford and Portola one is the, if it doesn't say S by it, that means it's not specifically at this time designated as a school. The PF... Campbell It is only a PF. Drell The PF, the thought and again if you have, if you remember the master plan submitted by this property owner, more specifically defined the PF for this project and his thought is...on that one he is in negotiation with the church. Finerty Which PF are we talking about? 16 SUBJECT T( MINUTES REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Drell The PF at Gerald Ford and Portola. Campbell The big square. Drell The little PF that is next to the park off of what would be Berger and what is going to be called University which is the internal road there, in getting that master planned, they are anticipating a child care center, a library, or a fire station or something like that. Campbell And how about the one on Dinah Shore and Portola? Drell Dinah Shore and Portola... Campbell Left of .... Drell Oh, oh, that is an Edison facility. Campbell Okay. That is there already? Drell No, Edison owns the property. It's not...which brings up another thing I should mention. I am not sure, and Mark might talk about that a little bit and we had a long discussion with it earlier in the week, a lot of the geometry at that intersection right now of Dinah Shore and Portola as it relates to a future interchange is right now strongly influenced by that existing Edison property with forces that intersection to be exactly where it is which I understand is not absolutely ideal to the geometry of the...so conceivably that could change. I don't know if it will or not, when we finally get down to designing the long term design of the interchange. But that's what that is for. Another thing I would like to point out...it is something you should know about, think about...you see both in the preferred alternative and actually probably all the alternatives, along Gerald Ford, a kind of a green belt or .... Finerty OS/PR? Drell Yeah, in our environment, it is more of a...I would call a tan belt. Also, you are seeing the same sort of thing up at that intersection of what would be Dinah Shore and Portola. Those were at the specific request of a discussion of some members of the GPAC to create somewhat more significant areas of desert landscaping in this plan, something more than just a perimeter 17 SUBJECT T( MINUTES 4, a Nt REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4. 2003 landscape treatment and those are kind of designed...lf you look at that Gerald Ford/Cook one, it is backing up onto multi-family which more than likely will be facing inward, facing to the south and that would in essence provide the buffer between Gerald Ford and the multi family and would create as you're driving down Gerald Ford, somewhat of a perception you are leaving one neighborhood and going to another, which is that one at begins at Portola and Gerald Ford. The other is the one at that intersection at Dinah Shore and Portola and that is as part of some future interchange as people enter the City, their first experiences of a desert environment somewhat not a commercial industrial corner. So, those were 2 areas that were in response to that desire from GPAC to create some of these areas that was staffs kind of recommendation...those were 2 areas where it might serve some urban design purpose. The issue on these things is, where is the land going to come from and who is going to maintain these things? We learned with, for those of you familiar with Haystack, the Haystack Park controversy where the City tried to combine as a condition of approval, on Canyon Cove, the installation and maintenance of that drainage channel park and it was challenged by the residents and the determination was, that facility even though it was adjacent to their perimeter, is really a substantial public benefit facility and, therefore, in the assessment district that was created to maintain it, the City ended up getting stuck with 60 or 70% of the maintenance, so the presumption is if we required developers to do this, that which would exceed what we normally require as a perimeter of the project would probably be ultimately on the City's nickel. So, these would be kind of an open space park as being what they call a general benefit as opposed to specific benefit, it would probably be the City's responsibility. Finerty GPAC also felt that we ought not to have every piece of land covered with a building. Drell Correct. And of course you know we do as you see in the plan between the golf course and the parks and those with significant open space and you see within the...really on that school site although it doesn't and it really should show up on the staffing alternative...basically on the K-8, they're asking for 18 SUBJECT T( MINUTES gm REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 25 acres of which 10 acres would be a common use public park similar with, hopefully if we can talk to the Palm Springs District, the same sort of arrangement we have with the new school and park we are doing on Country Club. Finerty Right. Drell And then in the Cook Street/Gerald Ford neighborhood, we are showing again three smaller, initially with the high school we were showing a large park, the high school left and we broke that into 3 smaller parks distributed throughout that neighborhood. Finerty I noticed that north of the freeway, the less intense use is broken down differently than on the preferred and the staff recommended alternative, specifically with regard to high density. Drell Yes. Finerty Do we have an idea from the county which would be most accurate? Drell We just got a comment from them, they didn't even mention that at all and I apologize, when I had the GIS guy redo the staff recommended alternative for the University area, he didn't do anything to the area north of 1-10. It was my intent that we would substitute the less intense alternative for the area shown currently, mainly because I just don't think a mass of high density that large is a good idea. Finerty Okay, so the staff recommended alternative north of the freeway should reflect the less intense. Drell Yes. Criste If I could just add to that, the one other additional change at least I would like to submit to you would be that we have changed the maximum lot size down from what the county's requirement was for Mountain Estates it's called...we cut it in half and the County's designation is one per 40 and to be perhaps consistent with both the county and the multi species plan expectations, I would suggest we go back to that county designation of one per forty where we have one per 20. That is the only addition I would suggest. 19 ...wry SUBJECT T( REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Drell In this map you won't see any of that, which is further north. Criste It is further north. It is also a mix of large area so that while the density change may seem insignificant, there are thousands of acres designated like that so it would make a big difference both in terms of just open space preservation, traffic and circulation, and consistency with the multi species plan. Drell And frankly, although it was an interesting exercise dealing with the area north of the freeway, it is an area where, in that particular area we probably have no plans to annex and I am not sure the folks in Thousand Palms have any desire to be annexed to the City, so it is a suggestion to try to better address the...what we feel a huge housing demand created on both sides of the freeway...the housing demand created by the commercial in that area. But still, the concentration of high density in the GPAC was...we felt was inappropriate. Lopez Again, I apologize for being late this morning and you may have touched upon this since opening remarks and comments, but I guess I would question the general plan staff recommended alternative is your best effort to incorporate what GPAC has done, as well as what information you have received from developers... Drell And property owners, correct. Lopez And property owners. The preferred alternative is GPAC's best. Drell Yes. Lopez An then they have also more intense and less intense. Drell Those were created by staff for the...initially, just for the...to meet the requirements of the environmental impact report and to see what differences what varying the mix would have. Lopez So the preferred alternative is GPAC's recommendation. Drell Correct. 20 F' T( 4 `Y`; �' SUBJECT REVISION MINUTES ' PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Lopez And then the staff recommended alternative is taking their recommendations, incorporating what you know from developers and land owners. Drell Correct. Lopez Okay, thank you. Campbell Any more questions of staff? No? Okay. Drell I would suggest that we open the public hearing and let those members of the public who didn't get a chance to speak at the last meeting to address their concerns. Campbell The public hearing is open and we have 2 blue cards here and so these people can speak first. Rick Domonsky? Well then I will call somebody else and he can speak after this other person. Malcolm Reilly? (No response) Anyone else who wants to speak? Tom Noble 42620 Caroline Ct. Palm Desert Really, just...You have quite a bit of correspondence I sent at earlier meetings, specifically with the property that the staff of the preferred alternative has returned in effect to its current zoning of service industrial above the Dinah Shore extension and west of the Portola extension. I appreciate Mr. Drell's listening to the concerns we had about the GPAC's preferred alternative which included quite a bit of high density residential property and I would just like to go on record in favor of the zoning as changed in the staff's current recommendation. Thank you. Campbell Is Mr. Domonsky here now? Reilly I am not Mr. Domonsky. Can I speak first and have Mr. Domonsky follow me? Campbell Yes go ahead and state your name. 21 SUBJECT Tt MINUTES a REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4. 2003 Malcolm Reilly 11640 San Vicente Blvd. Los Angeles, CA We are the owners of the shopping center at the southeast corner of Country Club and Monterey. This is the shopping center with the recently vacated Albertson's Market. We are the owner of that shopping center and we also own the market. We bought the property with the idea of upgrading the center and replacing the supermarket. In that regard, we are in negotiations with Gelson's supermarket. We do not have a commitment from them. I want to make that clear and our intent is to hopefully make the arrangement with Gelsons to upgrade the center and make it the type of center I think Palm Desert would like there. The reason that we are here is to talk about the northeast corner which is the vacant parcel of I think approximately eight acres. It is currently zoned residential and I believe the staff is recommended continuing residential but they have asked or suggested an additional study for use of that property that would be other than residential. We also know that the owner of that shopping center is contemplating and has told people that he is going to hopefully put in a shopping center, a supermarket or in a shopping center in that location, we feel that the intersection which is basically a neighborhood intersection could not support three supermarket oriented shopping centers and indeed Gelsons has told us flat out that if that property is ever contemplated to be zoned commercial, or if a supermarket were to go there, they would not be interested in going into our shopping center and quite frankly, from our experience, I don't think we would be able to obtain another supermarket if a project were to go on the northeast corner. Now, to further support that position, we have asked Rick Domonsky of Thompson & Associates, which is a market analysis which will tell you a little bit more about the impracticality of putting three grocery operated shopping centers at that intersection. Campbell Mr. Reilly, what kind of market is that, I am not familiar with that. Reilly Gelsons is a full line, 33,000 square feet, I guess you would call them boutique at 33,000 square feet, but they are very high quality and very high service, they are the anti-WalMart, they actually increase their sales when 22 SUBJECT T( ` ill REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 WalMart comes because there are a lot of people looking for the more intimate, very high quality type of grocery store. I don't believe there is a grocery store like it right now in the Coachella Valley. I know Jensons is excellent but they are not exactly like a Gelsons. They like the medium size, comfortable kind of quiet type of shopping versus the other types of shopping that are being built. Campbell Thank you. Reilly By the way, they only contemplate doing one store in the Coachella Valley and this is the only location that they would go, so they tell us. Campbell Great. Thank you. That sounds nice. Good morning commission members, staff. My name is Rick Domansky. I am senior client manager with Map Info/Thompson Associates. It is a recently merged company. Campbell Can you give us your address for the record? Rick Domansky Map Info/Thompson Associates 7567 Amador Valley Blvd. Suite 310 Dublin, CA 94568 Prior to our merger, I was vice president of supermarketing for Thompson Associates for 13 years and partner of the company and we just recently merged to form Map Info. We have 600 people in our organization. Prior to my coming on with Thompson Associates I was director of area research for Ralph's, for federated department stores, for 15 years. In fact my career started when your city became incorporated in 1973. At Ralph's I was responsible for introducing Ralph's into the Coachella Valley, bringing them into Palm Springs, and Indian Wells at Cook and 111. And since that time when I was at Thompson Associates, my work was basically desert crossings. That's it. I did Desert Crossing for Lowes, the entire shopping center. I also brought in Lucky's at Deep Canyon at 111 for American Stores so I am very familiar with your city. And certainly the venue of WalMart coming into the Coachella Valley, etc. 23 f: a+! SUBJECT T( Le, I rf - REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 In March of this year we were given a challenge by Mal Reilly to say basically, "hey, we know Super WalMart is coming, we have a brand new Albertson's 50,000 square footer across the street, what is the best alternative for our vacated space? Who could be the best 'grocery user' if we could do it?" And the answer of course is going to be an upscale full serve, full line grocery store with a great perishables image in meat and produce. That is the kind of concept that can essentially overlap the impasse of the Super WalMart centers as has been Raily's case in Bel Air, in places like Reno and Sparks, Nevada. So, we understand that. Gelsons just for your information, started actually in 1950-1960 by the Gelson Brothers and they since have sold to Art Mayfair and they are a very reputable chain. They don't build stores too close together. Theirs is a very unique customer. They like to have their stores in good income areas about 10 miles apart. When we looked at this site, looking at that alternative, we looked at three possible users. We looked at Whole Foods, we looked at certainly someone like Henry's, we looked at Gelsons. Now, given the fact that these two stores were already on the drawing board, the numbers came in lackluster. They weren't barn burners but they were lackluster. In other words, if you had to build a brand new Gelson store in Plaza de Monterey, it wouldn't pencil out, it would be a negative R.O.Y. The fact that it is an existing center, they can revamp it. It's got good access, great visibility. It barely works as it is. The fact that Gelsons has no sister stores in the Coachella Valley because theirs is going to be a single store strategy for the entire Valley, Palm Desert, obviously, geographically it's the center. But also, the intersection made a lot of sense for them given their sales volume. If they had a sister store in either Indian Wells, La Quinta or Palm Springs, it probably would impact their sales by 10%. That would be a break point. It would not happen. In other words, you cannot rebuild a Gelsons at that intersection. So, this is almost a custom fit for them. The fact that if you bring in a third store with a high perishables full service image, obviously you know to compete directly with them, the critical mass of three stores at that intersection, you run the risk of actually having all three stores fall below break even, including a Henry's, a Gelsons and Albertsons, with the Super WalMart center. That being said, that's what you risk. 24 j'" II SUBJECT T( - REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 The fact that Gelsons can survive even with the growth that we built into 2008, which is probably, we have added about 10,000 people to that three mile ring around them, it barely makes the R.O.Y. requirement. The fact that they are a little bit more private company and if that were a company like Vons or Kroger or Albertsons that requires a 20% R.O.Y. to make the deal, it would never happen. I mean...so it is actually very custom fit for Gelsons. It would be a unique addition to your valley, certainly. Everybody in the valley, they have a great high recognition. They did their own consumer research recognition...85% of your residents know what a Gelsons is, they've shopped in a Gelsons according to some of the research that they've done internally and I have also been told by Jim Hansen at our last meeting that we can't survive if another store goes in across the street, so I just hope I am not here 5 years from today, trying to support a 99¢ only store or something for that site. That's all I have to add. But like I said, I am very familiar with your city and I had a hell of a time getting Lucky at Deep Canyon but I convinced them it was the spot to go in and they did very very well there, so I am certainly...do 200 studies a year, done over a 1,000 and this is what we do and this is what we know. Are there any questions? Finerty Yes. How quickly would Gelsons want to move? Domansky I'm sorry? Finerty How quickly would they want to move? Domansky To move into the site? Finerty Yes. Domansky I guess that is really a question for Mr. Reilly. Come on up here and join me. Reilly Assuming we were successful, we would have 3 or 4 months of working on the building to suit their requirements and they would probably want to open a year from now. They would not want to open off season, so probably a year from now is the answer to your question. 25 SUBJECT T( ' s REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Finerty Thank you. Lopez A quick question also. Based on the experience that we have had here, do you have any ideas about the traffic circulation through that area? That has been a difficult place to get through with the smaller stores in there as well as having an anchor. Does that come into the conversation at all? Reilly Well there is no question the ingress and egress is not ideal, but there have been supermarkets there. Lucky's did a phenomenal volume when it was there on its own, far more than anything that Gelsons contemplates, so it will be something quite frankly I wish I could say otherwise that people get used to and know how to get in and out and they know how to go by the deli and make the left hand turn there, and so forth. But we are aware the traffic is not going to get any lighter, and it is a consideration, but that location has supported very very high volumes in the past. Campbell That was going to be one of my questions also. Domansky I would also like to add that Gelsons is kind of almost like a destination retailer so I would assume that probably a good third of its business is going to come from outside of Palm Desert, from Rancho Mirage and certainly from La Quinta and Indian Wells as well. Campbell Also, the parking lot needs to go ahead and be worked on too because the circulation there is very very poor. Reilly We have a major renovation and upgrade plan for the center, we are just waiting hopefully to get Gelsons in tow and we think you will be very pleased with what we do. Tschopp Okay. A couple of questions for you. I know your specialty is grocery stores, but did you consider other alternatives to that site other than a grocery store going in there? Domansky That is up to our client Mal. Our direction was to, it was actually not even direction, it was a challenge. I've known Mal from my years from Ralph. We have done a lot of centers with Mal Reilly, certainly and I am I guess the guru of grocery stores, or whatever in the California region. He basically gave me a challenge and said "If this were your center, what would you do with it?" and I looked at it. He never...he was bouncing around names like Wild Oats 26 SUBJECT T( REVISION MINUTES5� PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 and Whole Foods and I turned around, I gave him a report, I go, man beeline for Gelsons. I know that they want to come into the Coachella Valley. This is the most central most spot, it is their size, it is their customer, they are going to start off, you know given the fact that you've got two stores coming in it is going to be a slow start off, but the point is is that they have a great reputation and everybody will know them. Everybody knows who they are and that to me was like, once I get my mind set on something, we went after them and I totally went after them. Was I right? Reilly Yes. Tschopp So you really didn't look then at other uses for the center. Reilly Sure, we have a downside scenario, doomsday scenario, if we don't get a supermarket, meaning neighborhood shopping centers of this type are predicated on a supermarket, they bring people there one or twice a week and your shops rely on that and that's what makes them successful. But if we're unable to get a supermarket but it depends, I am assuming that there is no retail or no shopping center across the street we'll get by. We will probably subdivide the building and we talked to furniture stores and we have talked to discount women's clothing. Those types of tenants, you could probably guess who they would be. There is the dollar stores, 10,000, 15,000 square feet. There are party stores, that type of thing. As I say, it is a fall back position but that is the type of tenant that I would foresee and the center would be of a different nature. But we would lease it and it would be successful and a good shopping center. But it would not be as good as if we were able to get Gelsons which I think would make it an "A" quality center. It would be something that we would be very very proud to own from our standpoint, and this is what we are hoping will work out that way. Tschopp It is my understanding that the staff has made the northeast corner a study area right now and it is zoned residential, but as the City goes through this process and looks at how to buffer residential from high volume intersections such as this area right where we are talking about, have you given your input or would you give your input on what you think would be the appropriate zoning across the street? Reilly Well, no we haven't. We sort of looked at it from a defensive standpoint and in all honesty, residential would be good for us because it would bring 27 ALTSUBJECT T( REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4. 2003 customers there, but I don't think we would have any objection to other forms of retail as long as it does not include a supermarket, perhaps office if there is demand for that type of a use, would be a good use for it. Maybe even a mixed use if the traffic can be worked out. But no, we really haven't given any thought to what we would do with that property. We are just concerned that if it becomes a supermarket anchored shopping center, it would be very very bad for our center. Domansky Not so much bad for their center, but detrimental to Gelsons. I mean, this is their magic spot. This is what they want to make happen, I believe, and it is ready to go. Campbell Thank you. Mr. Drell you want to go ahead? Drell Okay, I believe now if the Commission has no more comments over land use, that we will probably take it up again at the next meeting when Sabby is back but I think the suggestion is now that we go on to our introduction to the Circulation Element, so that would be the next order of business. Criste Requested a break. CHAIRPERSON CAMPBELL CALLED FOR A FIVE MINUTE RECESS AT 9:52 A.M. THE MEETING WAS RECONVENED AT 10:03 A.M. Campbell We have now resumed the public hearing and I just wanted to let the public know that this meeting will terminate at 11:30 and will resume again at 6:00 pm. We will go ahead and not close the public hearing but will continue till 6:00. Okay, we're ready. Criste We are going to go start our venture into the circulation element. I know you've had a chance to look at the elements in the general plan and the EIR also provides a very detailed discussion about the traffic model and we've provided what essentially is a summary version of what comes out of the general plan and the EIR and we are going to run through a real brief power point presentation showing a lot of major intersections and some other items and then briefly reference again the staff report materials and then staff is going to go over some of the major issues that they want to relate to you relevant to the traffic issues associated with the general plan. So, to get started here, the City Engineer sent out staff to take some photos of key intersections and roadway segments so you can see we've got some really 28 .""" SUBJECT T( , � MINUTES 1,: REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 excellent photographs to show the roadways and examples of operating conditions as well. This is Highway 111 looking west. Here is another stretch of 111 looking west at the Desert Crossing Center section. You can see here we have three through lanes and dual lefts for the westbound traffic. This is 111 again looking further west towards Rancho Mirage. You can see we have high volumes of traffic and our six-lane configuration completed in this stretch. Same general vicinity. This is Monterey and 111, one of our highest volume intersections. Here we've got again 3 through lanes, 2 dual lefts and then a dedicated right turn lane, so it really helps to optimize the flow of traffic through that intersection. New improvements on Fred Waring. This predates actually the construction of the new improvements or completion of them. Looking east, again one of our high volume roads. Another view of Fred Waring west of Deep Canyon looking east. You can see how traffic moves in these groupings sometimes called platoons that are sometimes were formed by the signal phasing. Another good example of intersection turning movements. Here we've got a dedicated right turn coming southbound off of Portola. That is in the bottom left hand side of the photo. You can see how that's a free movement for southbound Portola travelers onto westbound Fred Waring. Fred Waring east of Portola...part of improvements again with the center turn lane. This is one way of facilitating left hand turning movements in the absence of a raised median and turn pockets. There are occasions where this is an appropriate type of configuration. Heavy congestion on the east leg of Fred Waring and Portola. Good movement here...you can see along Fred Waring, near City Hall. Here is an example of the street that has plenty of capacity. This is Haystack looking west. Notice also the bike lane striping and the center lane to facilitate left turns in both directions. Another view of Haystack. This is Monterey and Country club and the area where the subject of discussion was earlier. We are looking south in the upper right hand corner is the new Albertson center in Rancho Mirage and to the left is the existing Plaza de Monterey commercial center. Washington at 42, another high volume street and again the 6 through lane configuration. Washington looking north. Again, another view of Washington showing...notice that we have limited access points along Washington here which keeps a smooth 29 SUBJECT Tt o REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4. 2003 flow of traffic or limits the amount of disruption of the traffic flows, so restricting access on large arterials can really enhance capacity. This is the south side, or looking south on Monterey from up on the bridge essentially, the approach on I-10 and the Home Depot on the far right and the Desert Gateway property it is in the center mid-ground by those power poles. This is a typical commercial access. This is at the Home Depot looking across the street to what would be a future access drive for the Desert Gateway project and it will be a signalized intersection. Some of our streets aren't fully improved yet. We are waiting for adjoining developments so we have had edge to curb kind of conditions like this or rather edge of pavement. Out in this area we are also contending with blowing sand, we've had this problem of course on Sinatra during construction of Shadow Ridge and some other areas. This should start to dissipate as development occurs on the south of the interstate continues to stabilize these areas. This is on the I-10, looking east on I-10, east of the Monterey on ramp. These are the new or revised street cross sections that City staff has put together and we have now incorporated into the draft general plan for your consideration and approval. They substantially conform to those that were set forth, recommended by traffic engineer and earlier staff versions and this is just an example of one of these kind of a critical intersection where we optimized turning movements through an arterial intersection. Also you will note that the bottom figure is a left turn pocket. This is for instance what is being done now on Magnesia Falls at Monterey to preclude a dangerous or hazardous westbound left off of Mag Falls onto Monterey that is precluded, but the left turn pocket for southbound traffic is being preserved and is now open in fact, just recently. The general plan traffic model does not take any consideration for mass transit or for the use of bicycles or for the use of golf carts. So, in that respect it should be viewed as a fairly conservative projection. It is a highly variable thing about how you optimize the use of mass transit and other types of non single occupant vehicle travel. Again, a lot of this lies with the kind of complimentary land use planning you do along the lines that Phil was discussing earlier. 30 ' arrow SUBJECT TC REVISION MINUTES e! PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 We have lots of great sidewalks that people use here as almost an extension of the resort lifestyle and of the retirement second home lifestyle. These are really critical parts of the public circulation improvement and there are also in this kind of environment also an extension of the open space environment essentially. Again, golf course paths, and notations we have for that signage. Here is a case of having a bike path on Country Club and a nice meandering sidewalk along the same street. We have a map in the, I can't remember if it is in Parks and Rec, it is in Parks and Rec much to the chagrin of the traffic engineers, the golf cart and bike path route which they think should be moved into the circulation element. I don't think we are adverse to that. It could even be in both in some fashion so, but it definitely affects the operation of the road system and the traffic engineers want to make sure that they are fully engaged in those considerations. This is mass transit or a rather non-motorized transit on Amsterdam. This is a garage for bicycles and you can see there are thousands of bicycles in this one little parking area. We may not be able to accomplish that, but we do have the kind of opportunity in a user group on the north end eventually that may extend substantially our use of bicycles in the City. This is a good example of the relationship between land use and streets and how you have just a mix of patterns and then need to integrate traffic with surrounding lands from an access point of view and this was a pretty graphic example in the city. We also have issues where if you place residential development for instance or any kind of development along our roadway and have access onto it, in this case even parking on a long strip, you are going to affect the capacity of the roadway and you create more potential for turning conflicts that can either lead to accidents or just reduce capacity. This is on Shadow Mountain, so incidents here are probably, traffic lines are so low, we probably don't have much in the way of conflicts of that sort in this area. Here is an example though where you have an office center and a single dedicated access drive can serve in this case, probably about 30,000 square feet of office space pretty efficiently. 31 SUBJECT T( ® REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Along Portola we have a street, at least one street that has been closed off from access to Portola and we have access control on this street and in the future probably along others to again make them safer and to preserve capacity. This is just north of 111 and Alessandro. Also along Portola we have issues of widening and you can see that there are good development and relatively new development adjoining and we discussed that in some length last time about having to become thoughtful about compatibility of adjoining land uses along these major arterial roadways. This is again the same vicinity further north. Also in the same area where we have single family housing coming...taking access directly off of Portola and you see the truck coming along so you can imagine during busy times of the day, getting in and out of this property can be a challenge. This residential development north of Fred Waring Drive in the area that we have been discussing up to an area which is a little further up the way where the homes are served by an internal circulation and don't take access off of Portola. This is the north end of that stretch of housing on the west end of Fred Waring. This is an example of conversion that has occurred. This is Fred Waring Drive and I believe there are houses along the way. This is where we had a successful conversion of a single family neighborhood that developed before anybody, the county primarily, before anybody really envisioned what Fred Waring would be in the terms of its importance as an arterial and a very successful conversion of what was becoming a highly impacted residential area to office and it is a very good example of that kind of conversion. Also, this is the Walgreen's at the east end of what I call Alessandro, but I don't know if that is the right name of the alley that we have been discussing north of Highway 111 that serves the commercial developments like Andreino's and some others. This is the west end of that area and then this is internal to that area that we've discussed about...this is not only important to circulation which it is, but also the opportunities that we'll be discussing about providing some kind of additional enhanced parking and also buffer for the residents to the north and that is pretty much our presentation. 32 SUBJECT T( MINUTES t o REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 The handout materials that you have, you will notice that in the general plan and in the EIR, we have talked at length about levels of service on two levels. One is the level of service on roadway segments which is really a qualitative mid block kind of qualitative analysis. Do I feel like I am moving along? Do I feel like I have room to maneuver in the stream of the traffic? That is really the measure for the mid block and then for the intersections, the level of service is a function of the length of time that you have to wait to get through the intersection, essentially. We have the City's traffic model which has been through at least 2 or 3 iterations at this point, is a focused version of the CVAG and SCAG model which is a regional traffic model. Our model is a much more focused version of that. The materials you have talk about the productions and attractions that are identified through the land use map and which generate the traffic that flows on the streets. A lot of this traffic is internal to the city, but a lot of it is external to the city because we have a lot of attractors that draw traffic on a regional level. We discuss those types of trips at some length and there is a greater discussion in the ElR and also the traffic report. The city has been broken down into 331 small cells or geographic areas called transportation analysis zones and in each zone is a lot of data and the first level of data is what are the types of land uses that occur within that zone and how much acreage is that data, and then what its distribution is within the zone. And there is also a host of background data which is socioeconomic data that also has some effects on the amount of traffic that is generated from these various types of land uses. This gives us a finer detail, a finer grain, if you will, a resolution of how the traffic system is operating. We also have about 15 land use categories that were used in the model for the various types of land uses that generate traffic. The model sometimes is referred to as a gravity model because essentially it is looked at as if these were gravitational forces that were drawing traffic. One of the things it does as an example is that the model will say look at a regional kind of attractor, like a regional shopping center, and it will start searching the land use pattern around the center and it knows how many trips it's going to generate. That is how many trips it is going to attract. It will start to go progressively further and further afield in order to capture more of these trips. The trip assignment, or the trips that the computer figures are 33 Ern - A - SUBJECT IC ® REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 going to be generated, are distributed as I will mention in a minute, out as far as they need to go in order to capture what we think will be the optimum traffic level from that particular land use. The other thing the model does, it looks at both within a transportation zone, there may be a mix of land uses that compliment each other so there may be trips generated back and forth between the land uses within a given zone. This is the kind of condition we are trying to optimize in the University Park planning area where although there are more than one analysis zones in there, we're trying to keep the distance between trips and the trip generators as short as possible and the idea is that if you can keep them within a taz or adjoining tazzes, you can keep them off the arterial road network, then they essentially can use the secondary road network in order to get to and from those locales. We looked at existing traffic conditions and at future traffic conditions with the general plan alternatives and under existing conditions we found that several links were operating at very high volumes, 10 of them at what we would call a level of service D, 7 at level of service E, and 7 at level of service F. And these are more qualitative again rather than a quantitative kind of analysis. And then with regard to intersections, we evaluated 52 intersections. For our experience, it is an unprecedented level of general plan analysis. Including calculating all the turning movements for the preferred alternative for all of these intersections and under current conditions we find that 5 intersections operate at E or F and 3 intersections are operating at a level of service D and that is with existing levels of improvement. We then have some tables that show both link volumes and levels of service for existing conditions and the same thing for the 52 intersections that we discussed and again since the constrained part of the road network are always the intersections, that is the greatest constraint occurs there, if you can solve your capacity problems at intersections, you've addressed the lion's share of capacity issues associated with your roadway network. We find under current conditions that 1-10 at Ramon is operating at exceeding capacity in some instances. Fred Waring and Deep Canyon, Deep Canyon and Highway 111, Fred Waring and Cook Street, El Dorado at Hovely Lane, and Washington Street at both Country Club and Hovely Lane. They are all currently operating at what we would probably characterize at marginal. In that case levels of service D or unacceptable, which would be levels of service E and F. The other thing I would mention is that we have one street 34 SUBJECT T( t3 lin REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4. 2003 that is on the county-wide congestion management plan. That is Monterey Avenue and we are required in order to continue to qualify for revenues, shared revenues for street improvements, we have to maintain that at a level of service E or better. That would be any intersection along Monterey Avenue. We also for the sake of trying to look at how the land use plans relate to the traffic that is generated, we asked the traffic engineer to break the land use and what's called the productions and attractions analysis up into 3 districts. So, we broke the city planning area into 3 districts. The first district is north of Interstate 10, the mid district is from Frank Sinatra north to Interstate 10. So, it is essentially all the University Park planning area. The last district is everything south of Frank Sinatra. We then have a table that gives you the projected traffic volumes for major links and then a table that gives us intersection impacts and what we have done here is we've made bold all those intersections that would continue to operate a level of service D or worse in the peak hour period and in what is called the post 20/20 period. That is a presumed build out period for the general plan and uses CVAG/CVATS numbers for the level of traffic outside the city itself. You can see that what we have been able to do or what the traffic engineers have been able to do and again this is a very rough even though we have a very refined picture, this is a rough approximation of how the system will operate. It's not meant to be extremely precise, but it is for land use planning purposes. You can see that with improvements that are proposed, all intersections analyzed will operate a level of service D or better and there are probably additional improvements. In fact in some instances there are additional improvements that have been recommended that will allow intersections to go from a essential level of failure to a level of service C. So we have some of the quantum leaps of improvement which are reflected on Table 6 which is on page 19 of your staff report. Here again, what we have done is we show the seconds of delay and we make bold those intersections which continue to operate at a level of service, well they did operate or would operate at a level of service D or worse, and then in some instances you will see that below them we now have them operating at a level of service C or D. So, again all the intersections operate at a level of service D or better with the recommendations set forth by the traffic engineers. 35 SUBJECT T( 1 ` r - REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 The other issue that we've mentioned throughout and there are programs for are the ongoing monitoring analysis function. This is very much an adaptive management kind of process and so the reality check made regularly by the traffic engineers, they do traffic counts, they do other kinds of analysis that help to allow them year by year or on a multi year basis to plan for future improvements, the capital improvement programs, those sorts of things. And then we should mention again that we don't have mass transit factored into this so if we can enhance the availability and use of mass transit and alternative modes of transportation, we can further enhance operation of the street system. We have essentially used the general plan, policies and programs and we have some discussion about some of these to essentially mitigate issues, mitigate potential impacts before they occur because this is a predictive tool and we have a brief summary of mitigations. Again, a couple of the other issues we had remaining were that the staff has had a new master circulation plan drafted which they are going to introduce to you in a minute and also we have modified per staff recommendation, we are requesting that you consider an amendment to policy one having to do with the minimum levels of service. This continues to be something of an issue between staff and myself and the traffic engineers for that matter but has to do with what is a reasonable level of service from a policy point of view for intersections and their operation. We also modified the reference to truck routes in the element to eliminate reference to specific streets. You know that we have an issue with regard to Monterey Avenue and the widening of Monterey south of County Club. Now Rancho Mirage is going to be doing some analysis. Their issue has to do primarily with noise and we are seeing we are somewhere in the range now with build out rather of above 40,000 trips per day. So, we will see how that evolves over time. The Portola interchange issue. Staff has an exhibit they will be showing you of a concept for that. It does not do, it is not a miracle worker by any stretch but it has, it doesn't prove a couple of important interchanges like Monterey and Cook, it improves Monterey traffic volumes themselves. It also importantly provides yet another access point to Interstate 10 which is our 36 inAMOS SUBJECT Tt 6 {-. ® REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 regional transportation link and when you consider the fact that we are in a high seismic zone we have flooding, we have issues with regard to emergency preparedness, etc., I'll encourage you to anytime you can enhance access for this purpose as much as we did with Magnesia Falls Drive and the bridging of the San Pascual Channel that those things should be kept in mind and be valued. Staff is also concerned about maybe adding a policy and program with regard to the utility company's work in public rights-of-way and trying to say something specific to that so we have drafted a policy and a program to address just that. I will be glad to answer any questions. Finerty Yes. With regard to level of service. On page 13 of this handout, it talks about for many years level of service C was considered desirable and optimal. However, it's saying now that level of service D is now considered the generally acceptable service level. Who decided that? Criste Well, I would say as a member of the Institute Traffic Engineers, for urban areas there is a consensus among transportation planners and engineers that a level of service D is a very cost effective and acceptable for peak hours level of service. For rural areas or for smaller towns and for a certain type of environment consistent with the built environment that has been created, that level of service C is more of the ideal that a smaller town environment that we would all like to live in. But the level of service D is a fully functional volume to capacity, operating conditions are good, they are just high volume and they require less right-of-way and essentially optimize those operations. Finerty And you just had mentioned that level of service C is something that we would all like to live in. Isn't the current standard in Palm Desert circulation to be at level of service C? Criste The current general plan does recommend that the policy is that you make a good faith effort to reach level of service C. That's right. Finerty Why would we want to depart from that level of service and that quality of life that our residents enjoy? 37 megIg. SUBJECT U MINUTES iv, 1 - REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Criste In a nutshell, there is physical reality. That we have physical conditions at intersection nodes, mostly those that are along either highways or major arterials that are urban and in some case relatively intense urban kinds of facilities and that is why LOS-D and those kinds of conditions seem rational. Drell I think the answer is I think we ran into that great example I think was what Dinah Shore and Monterey where physically short of building an interchange, you know where you just can't, in the system of urban design that we've created where we concentrate traffic in certain very intense areas, that you can't build enough lanes to accommodate service of level C at peak hours. Greenwood We have a continuing presentation and we have about 10 more minutes on the staff presentation and level of service is something that we are prepared to show you and show you what a level of service C looks like versus level D and we would like to have this discussion. If you will let me start on some of my presentation, then we will get to that level of service question. Hopefully some of your other questions too. As John discussed, a lot of what we are trying to do here is based on modeling which basically tries to predict the future based on the past modeling has some great limitations. Basically what happens when we are doing a traffic model is that if we find that one street 20% too high and other street is 20% too low, we average and say, "hey we did a great job." It is looking at this global scheme and then trying to predict how much traffic is going to come on another street and that is really based on past habits. We have to understand that traffic modeling is a very imprecise tool. When the model says there is going to be 35, 000 cars a day on a street, that doesn't mean 35,261 cars, that means somewhere between 28,000 and 43,000 and that is a pretty big range. So we have to understand the vagaries of this and it really gets to be a problem when we get onto streets like Monterey and Dinah Shore where it's saying there is going to be 70,000 cars a day that gets to be a problem. In another street where it has jumped out at us is on Portola in the area of Fred Waring. We don't know whether the traffic model isn't so precise that it can tell us we definitely need 4 lanes or that we definitely need 6 lanes. It is right in between there so we will come back to Portola. So, anyway as we discuss the modeling and all of these recommendations, let's be sure that we are talking about an imprecise tool. 38 SUBJECT T( MINUTES ,, 3 � ,` REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Another issue in the traffic model itself is that from the most intense alternative to the least intense alternative we are only talking about a 5% change in volume overall. The global citywide volume of however million cars a day there is only a 5% change so that is relatively minor. It's how you spread them out across the city and the problem is that almost all of that change is happening in the north sphere. Anyway, Mark (Diercks) has some displays here of the level of service. The level of service is basically like a report card. A is great and F is failing. This is an example, I think it is on Haystack. The level of service A means that you have complete freedom to maneuver, go as fast or as slow as you want, you are not impeded by anybody, you are not impeding anybody. Lopez Did you take that in August? Sunday morning in August? Laughter. Greenwood Level of service B or C is, this is hard to say whether this is a B or C but generally B you still have complete freedom to maneuver, you can go as fast as you want and there is plenty of lanes for you to do what you want to do. Again, you can go as fast or as slow as you want, you are not impeding anybody. Campbell Washington, right? We are looking at Washington now? Greenwood This is Washington and Hovely. Now, let's go back to B and C. B is extremely good. C is what has been the goal in Palm Desert up until this point and maybe will be beyond this point. Level of service now is generally measured for the worst hour of the day. The peak hour of the day. This is kind of an industry wide standard. The problem that we have in Palm Desert is that we are not like everybody else. Being a resort community, our peak hour doesn't happen between 7 and 9 am and between 4 and 6 pm. Our peak hour happens, basically it builds slowly from 8 a.m. to 11 a.m., kind of jumps up at mid noon and the peak lasts from noon till 5 pm. Each hour of the day, each hour of the afternoon is like any other hour in the afternoon, so we are in the peak period longer than most cities are. Most cities endure it for one hour in the morning and one hour in the afternoon. We endure it for 4 or 5 hours all afternoon. 39 rftz mr.me SUBJECT TC MINUTES 7>' '4 REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Now the goal level of service C. Some would say level of service C is wasteful because you are in the off peak hours many hours of the day where you have all this pavement out there and no cars on it. On the other hand, others would say, people come here to enjoy that kind of a traffic situation. We like being able to get where we want to go when we want to go there and not have to sit through a traffic signal. Basically level of service D means when you come to a traffic signal, you don't necessarily clear it on the first green light. About half of the time you are going to sit there for a second green light before you get to go. Level of service D means you can't maneuver in the lane to go a little faster or a little slower. You go as fast as the car in front of you and the car behind you is going as fast as you are. You can't change lanes because there is a car in the lane next to you. If you are in the left hand lane and you want to make a right hand turn, you better plan it two blocks ahead of time, cause it's going to take you that long to get over there. So there is a big difference between level of service C and level of service D. It is true that kind of industry wide the standard has been set at D but I think you have to evaluate it if that is what you want. I enjoy having level of service C but I admit that it is an expensive standard to meet. On the other hand it might be one of the reasons for our success, too. Level of service F is failing. You are going to take 3, 4, 5 cycles to get through a signal. This is Fred Waring before we widened it and nobody would accept F as a standard. Some do like...the congestion management plan accepts level of service E as the standard which is completely unacceptable also. When you set a rather low goal and then I guess brag that we met the standard. Another thing too on level of services, these are goals not standards. Set a high goal and do everything we can to get there, but sometimes we don't get there. If we continue to set our level of service at C, Dinah Shore at Monterey is not going to happen at C. Even with an intersection that is built like this one here, with 3 through lanes, free right turn lane, dual lefts, that intersection is still going to be D or E. We at the staff level, we've drawn a line at a 6 lane road. We are not going to contemplate an 8 lane road. Again, that wouldn't meet our quality of life standards and I don't think these huge freeway size roads are not what we want to do. So, at some point we do have to draw the line. Even if we set the level of service goal at C there won't be 7, 8 ,10 intersections that don't meet it. Possibly, and again we are thinking that we can predict the future based on the past, 40 t SUBJECT TC REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 so that is something that we want to make sure that you contemplate and give us some good discussion or guidance on. There is a couple of specific locations we would like to talk about. The first is Monterey Avenue. The city of Rancho Mirage currently has a request for proposals out to engineers and planners where they have stated, the Rancho Mirage City Council has stated, they do not want to see the southbound lanes on Monterey, this is on Monterey looking south of Las Palmas Country Club on the right, Monterey Country Club on the left. They do not want 3 lanes southbound. They don't care if we do 3 lanes northbound, but we think that this is a serious issue for us. Monterey Avenue is the main entry into Palm Desert and if the southbound lanes are congested, that is a problem for us. In the background here you can see the bridge at the White water, you see how the curb is transitioninghere. This bridge was built for 6 lanes but the City Council now in Rancho Mirage decided they don't want that road to be 6 lanes. So, we would like to have your opinion about this issue. The concern in Ranch Mirage is that there are houses right behind those trees. The concern is that it would be an impact to those residents and will reduce their quality of life. I think our response is that there is, if we did a proper sound wall and rubberized pavement, that their quality of life after the project would actually be better than before the project. You can't consider it a good quality of life when there is arterial right outside your door and has traffic backed up for 6 hours of the day. It is something we want you to think about. The next one is a Portola interchange which we have...I think you may have seen displays in this before. Monterey is here and Cook St. is right here, Portola in the middle and there is this proposed interchange here, realignment of Varner Road, Dinah Shore Drive comes down, turns into Technology Drive. This is kind of preferred alternative. CalTrans is currently conducting a project study report which is kind of a very preliminary step in a 7 to 10 year process. What Portola interchange does most of all is causes the Monterey interchange to be at a reasonable level of service. If we don't build a Portola interchange, the Monterey interchange will be level of service D or F. If we build the Portola interchange, it takes about 20,000 cars a day off the Monterey interchange. So, that is really the need for it. One of the concerns that I have heard expressed is that if we build this interchange, Portola Avenue further to the south down to Fred Waring might be impacted and the traffic model looked at with and without the interchange and the 41 - - "" SUBJECT TC MINUTES „ .A aY '' REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 model says there is only about 1,000 vehicle per day difference down on Fred Waring with and without the interchange. About 1,000 cars a day more with the interchange than without so that is not a huge impact. The majority impact to Portola is in the north sphere, say north of Country Club, but overall, from staff perspective, we definitely think this is a very key transportation element that we need to do. Portola Avenue at Fred Waring is another issue that I think we talked about last time, what to do there and I mentioned earlier when we talked about the level of service and modeling. This is where the model predicts. Right now we have measured about 20,000 cars a day here. This is Portola, Fred Waring is here, Rancho Road is right there, Lincoln Elementary School is right there. If you can zoom in, there are 11 houses here on 12 lots. There is some balance here, somewhere, how much road to build, what to do with these houses and what the zoning should be. The traffic model predicts only about 30,000 cars a day on this block of Portola. On the other hand I think volumes may have been artificially held back because further south on Portola, south of Fred Waring, it's only been 2 lanes till now we just recently paved and we are widening out to 4 lanes. Anyway, the future volume as best as we can tell is going to be in the 30,000 range and that could be handled marginally by a 4 lane road. That would be a level of service D in this link of 4 lanes but what is on the board here and I think you have a display from last time on this that this is the staff recommended alternative and this is one of the locations where we realized we may not reach our goal level of service C. Finerty Okay, you said that if that stretch of Portola is widened to 4 lanes that would put it at level of service D and you say marginally handled. Greenwood Well, it won't meet our goal of level of service D. Finerty And if it were at 6 lanes? Greenwood It most likely would be level of service C. Another issue is how we join and connect to Highway 111. When we have done these widening projects for the most part it has been to acquire older properties that were not fully utilized and could be put to better use some other way. In the case of Highway 111, we would have to impact some vital businesses, very expensive construction, very expensive acquisitions, it would have be something we were really sure we wanted to do when we set out to do it 42 SUBJECT R.MINUTES REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4. 2003 because it would be one of the most expensive arterial projects we had ever done in Palm Desert. So, given all of these limitations, staffs recommendation is this is one of the places we compromise and accept that we may not meet our goal. On the other hand, traffic may adapt, if Monterey and Cook Street are in such great shape, traffic may just avoid Portola and generally smooths out. And that is the kind of thing the model has trouble identifying. On the circulation map is another thing to be sure...I think you have an 8-1/2 x 11 color circulation map and this is another version of that here. Basically, all the blue lines on this map are 6 lane roads, which is a big change for us. All of these roads are currently 4 lanes and there are some little bits and pieces of 6 lane road. This circulation map is also tied to these street sections that we have prepared and I think you have in your packet or maybe from last time. The street sections, there are several things to contemplate. One is the designation of certain roads as 6 lane roads. Where before we had 4 lane designation with an option for 6 and now we are saying Monterey is going to be 6 lanes, Fred Waring is going to be 6 lanes, Cook Street...a lot of streets are going to be 6 lanes. Then the issue of the parkway width, too. In the past we have had basically 12 feet of right of way from the face of the curb to the right of way line is 12 feet. And then there is an optional 20 foot landscape easement. Sometimes we get it, sometimes we don't. We have been more definitive on these sections here and we are basically recommending a parkway width that is three times the sidewalk width. So on a major arterial where it is 6 lanes, we have an 8 ft sidewalk. The Parkway width there is 24 feet. The back 6 feet or so of that or 8 feet is a utility corner, so we move all the utility vaults and stuff back away from the streets so you don't have all those ugly cans sticking up right out of the curb line. Finerty Okay, the Parkway width for 6 lanes is what? Greenwood The parkway is 24 feet. Finerty And with 4 lanes? Greenwood Hang on. A four-lane thoroughfare has an 18-foot parkway with a 6 foot sidewalk. You should have some displays of this in your packet, I hope. Not 43 SUBJECT IC MINUTES o REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4. 2003 this big though. This is our recommendation. It helps us with utilities, gives us a definitive parkway width. What a lot of times now with developers, we get into a lot of discussion about if there is going to be 20 foot optional or not, is it 12 plus 20, is it just 20, this is a lot more definitive. Another section on here is the rural street section, which really only applies to one place. It is the Palm Valley access channel also known as Calle de los Camposinos. That is where Homme Adams Park is where we have that section that is just sealed now, it is not paved, it just has dust suppressant on it. We are proposing to make that a full city street with a modified section of only 24 feet of pavement, no curb and gutter, just a graded shoulder. That is also included here. The last thing to discuss is median island widths. We currently have islands that we have built at 12 feet, 14 feet, 16 feet and some 18 foot. We have given it a lot of thought of what the median does for traffic, and we are recommending an 18 foot median, mostly for 2 reasons. One is that it leaves a 6 foot nose where we have cut in a left turn pocket like at a signal and in that 6 foot nose, it is marginally plantable. We can put some small shrubs and stuff in it rather than just have cobble out there. The cobble is expensive and doesn't really provide that much of an aesthetic look. The other reason is for this section that Mark has put up, where we allow a left turn in but no left turn out, we need 18 feet in width in order to fit all this stuff in here, and build a median here that really does prohibit the left turn out. And I think that's it. Drell That is for just the major arterials? Not all of the arterials will be... Greenwood Well, the arterial streets and thoroughfares. Everything where we...Yeah. And that is everything I have for you. Campbell Any questions of staff? Drell I have a little comment on the issue of the parkways. I still believe the parkway width should be flexible depending on the nature of development adjacent to it. And where we have retail commercial business that faces the street that it can engage the street a lot closer, I believe. Obviously a graphic example...El Paseo is a major thoroughfare? 44 civir e4 SUBJECT T( A MINUTES REVISION ' PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Greenwood Actually El Paseo has its own designation. Drell And, basically in those instances where we have retail commercial businesses that are designed to engage the street by virtue of their architecture, that those need a special category like El Paseo where the...as opposed to where we have a big parking lot we want to screen, or the back of a building we want to screen, but where we have again a project that is by nature is engaging the street, it should be allowed to, based on its unique design, to be closer to the street. That is my comment on that. Finerty I have a couple of questions for Mr. Greenwood. Drell Sure. Finerty With regard to level of service, if we continue as we have had as our standard level of service C, we would acknowledge that 7 to 10 intersections will not achieve that level of service at peak hours. Greenwood Potentially, yes. Finerty However, if we were to agree to basically compromise those standards that we've had for the past several years and go to level of service D, does that mean that certain remedies that we would normally take to achieve a level of service C would then not be necessary and we would very comfortably kind of slip into the way traffic would move at a service of level D and therefore we would have more intersections where we couldn't change lanes easily and we might not get through the intersection on the first signal because we would no longer be compelled to make those remedies if we set our goal at level of service D? Greenwood Yeah, I think it would have substantial impact on 2 fronts. In the development review process, we would essentially be prohibited from having the project mitigated to anything beyond our goal which if we say our level of service is D, we could not require the developer to do those improvements, I don't think, beyond that level of service D so there would be a problem there. The other issue would be on our own capital improvement program that we take our lead in the capital improvement program from our citywide goals. If our goal is level of service C, we know that when we build a road we need to build some roads to 6 lanes. If we say that goal is only D then rather than widening Monterey to 6 lanes, we would say, well then we will go work 45 SUBJECT T( MINUTES g REVISION PALM DESERT PLANNING COMMISSION nr§‘ NOVEMBER 4. 2003 somewhere else, either Monterey slips further or we just never get there, so yes, it would have major impact. Finerty And so, am I hearing that the Public Works Department? Do they have a preference as to whether we should have level of service C or D? Greenwood My preference, speaking as the City Engineer, is for level of service C. Because of our unusual traffic characteristics where we spend more hours of the day in the peak hour, it is more of an impact to us and also from a quality of life and economic development, although those aren't my primary concerns in my job, I believe people come here to enjoy that kind of environment where it has a more rural feel where you can move around easier and I think that is one of the reasons why we have been successful. Finerty I would agree and I was involved in an apartment project on Washington in the city of La Quinta and I had reason to go through their general plan and I was astounded that they accept level of service D and I couldn't help but think that's one of the many issues that separates our city from others in the Valley because we do tend to achieve and strive for those higher standards. Tschopp I have a couple of questions. Your comments...that is interesting you prefer C, because when I read this through, it just basically says we are defaulting to D because there is no affordable alternative that would work and I guess it is more of a comment. It sounds like we are kind of lowering our standards to meet the inability to mitigate the traffic problems. So the question I have is I have always understood traffic to, in a lot of ways, act like water. Take the path of least resistance and at some point in time does cities, because it is not just germane to us, do they just say we are not building anymore, we are going to accept this level and force traffic to take the primary roads and then would that impact then our planning here? Instead of looking at expanding these roads, just saying this is the way it is going to be and hopefully someday down the road we develop workable mass transit systems, etc. But my concern being we build 6 lanes, 10 years now we are building 8 lanes and we look like East L.A. Greenwood That is why I mentioned earlier that from a staff perspective, we are drawing the line at 6 lane roads and intersections with this configuration of either a free or a signaled right turn lane, dual lefts and three throughs, that we would, I guess what we are recommending are levels of service C up to this 46 SUBJECT T( MINUTES ` ® REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 level and that we wouldn't be willing to build 8 lane roads to mitigate to level of service C. As far as the confusion between what the staff report says and what staff is telling you that the consultant prepared the staff report and I have never been able to convince him that level of service C is the way to go. Finerty So we have a difference of opinion between the Public Works Department and between the people that prepared the report? Greenwood Well, I wouldn't say a difference of opinion...ongoing discussion. Finerty Okay, fair enough. Just like husbands and wives. Laughter. Drell I think that the consultants, if you look at the circulation network, we are calling for virtually every arterial that we can physically increase to 6 lanes, to be 6 lanes. So, the plan is showing that. So, it's a matter of spin more than anything else. That while the consultant is being a little more up front, or not up front, but just pessimistic saying that we have already, that by virtue of this circulation network, we can force people to adopt this circulation network if they are impacting it and if they need it with the 6 lanes, we can require them to do 6 lanes. On the other hand there is nothing wrong with still having the goal of C as long as it takes to acknowledges that based on those projections that we will likely exceed C in many instances and not be willing...and we would be doing same damage to our environment and our character by going to, you know if you have ever driven around Scottsdale, it seems like they are freeways, and only the people live in the areas between the off ramps. So, again, having the goal of C is I don't think is a problem as long as it's acknowledged that in many instances it will be difficult or impossible to achieve it. Finerty But having the goal of C from what I am hearing is really important because if we lower our standards and accept level of service D, then there are many improvements that we've been accustomed to that would no longer be happening. Drell Yeah, but we are pretty much...but again, I have no objection or...and I think it is perfectly appropriate to keep the level of C as a goal just as long as the understanding that you don't confuse the word goal with standards. There are other considerations that will impact the decision whether we decide to 47 �.s. SUBJECT Tt MINUTES ® REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 do a certain improvement or not and decide to approve a certain project or not. Finerty Right. Drell The goal is C, but among other goals we will finally decide on what the ultimate solutions are going to be. Finerty So there is no longer a need to have an ongoing discussion? Drell I don't think so, I mean it is up to you guys, but I have no, as I say as long as it is worded in such a way it is...the problem has been in the past there has been confusion between the word goal and standard and we don't want to be held to a standard that is impossible or undesirable for us to achieve. So, as long as it is clear what we are talking about, that we obviously want the most optimum traffic flow conceivable and level C is not...in many instances is conceivable so as long as it is clear that what we are talking about in terms of the difference of goal and standard, I don't see any problem with having the goal at level C. Greenwood The way I think this would work is that as development reviews came before you...you would get some kind of a statement that you are meeting the goal or not and every project is the planning commission's call, but I would hope that John would be able to work in the text that our goal is level of service C up to these levels of improvements and maybe said...I don't know if we should even mention a maximum we would go, but anything that didn't meet this goal would have to be discussed in the development review process. Finerty John, can you come up with that language? Criste I think so, this is where the weasel words get really important here. You want to give the staff the leverage to require the highest reasonable level of improvements that you can get per the...what we've been used to and our concern would be, as Phil points out, is that we do not want to paint ourselves into the corner where then someone leverages our own policies against us either in court or elsewhere and so we need to have the best of both worlds and I think we started re-working that language in that sense and maybe we just need to do a little bit more that we do identify C as our goal and that under certain circumstances we may, and I will have to draft something to see what we can come up with. 48 p *mar D SUBJECT TC MINUTES r,1I k REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Finerty Would it be appropriate then as your drafting why C is going to remain our goal because our residents have enjoyed C? This is one of the reasons why people prefer Palm Desert. This is one of the reasons why people leave Orange County and come to Palm Desert. This is the quality of life we are used to and we want to do everything within our power to continue that. Criste The only last things I would say is that we've got, if the model is predictive, then it looks like we have limited areas where we are going to have these problems and that they are going to be at the obvious points along the interstate and elsewhere. The other is that, I can't think of a jurisdiction in the Valley that also doesn't find LOS-D as identified as some kind of goal or acceptable level, so we don't want to be fighting a tide that overwhelms us because an awful lot of our traffic comes from the surrounding communities and if we are out of step, we can take on a lot of responsibility or try to without really being able to control all of our environment. Finerty I realize we can't control what other cities do but on the same token many times I have heard city council state that it is up to Palm Desert to take the lead and set the standards. Criste The thing that we could do is we could take all the vacant land and make it open space. Finerty Okay, laughter. Tschopp Two comments. As you look around too at times you see roads widened later on in many instances and at times it does away with that buffering area. I think if you look at better designed roads you will see that there is always a buffer between the road and the residential or even commercial, I guess that I am encouraging that we, as we plan the future we try to encourage that we have that buffering area available to us even if we decide later on to expand the road. I know it is expensive but that is something really important. Greenwood And in support of that, that is why we are showing the wider parkways on these sections where before we had 12 feet now we have 24 feet, they're down to 18 feet. That is one of the key reasons is that it gives sound space for growth if it should have to happen in the future. So, we agree. 49 sw SUBJECT TC MINUTES IA r 1 - REV1SIOtd PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Tschopp The other comment I have is in answer to your question on Monterey, Monterey is and always will be a major arterial and I guess I would be in favor of widening that street both for the benefit of Palm Desert and Rancho Mirage because it feeds both cities and I hate to see the disruption of residents on either side of the street, but the reality is if that doesn't happen like water, the traffic will seek a lesser impacted area and head down other streets such as Portola, Cook and Bob Hope and defeat the whole purpose of this. So I am in favor of widening that street. Finerty I would too and when we talk about the quality of life, if they have gridlock and stuff is backed up because cars aren't getting through on the first signal, I wonder what they are going to think of all the vehicle fumes, exhaust fumes going into their backyard as they are trying to sit out there. Tschopp Good point. Greenwood Maybe we should point out too that there are no houses that actually back up to that wall. There is a perimeter wall, an interior street and their front yards and then the houses, so they still have quite a bit of buffer. Lopez A lot of room between backyards. Campbell Yes, but those are the same people that were complaining about Magnesia Falls, too. Greenwood Yes. Tschopp As I was going to say, another question I had I was reading the report it had that if we adopted the preferred alternative, the amount of traffic would increase 8.9% in the north sphere as opposed to what the current plan is? Drell Remember, the north sphere...you want to look at the mid district, the north district. The north district is the area north of 1-10. In fact you will see that and we have requested explanations from the engineer of what he thinks is happening in the model. The traffic actually decreases in the mid-district. If you look through the EIR it decreases significantly with the less intense alternative and again we are awaiting further explanation. Have we got that yet John or not? 50 arson SUvJECT TC MINUTES ® REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 We asked for what does he think is, what is happening to models actually to generate that less level of traffic? Greenwood There is some anomaly in the north sphere. They are showing 40,000 cars per day on Dillon Road or something and that is just... Drell No, the reason is when you look at the land use plan you see that massive amount of...that huge high density zone. Again, I would pay less attention to that north district analysis. The mid and the south include the existing city limits. Tschopp Lastly,just a comment I would make is that I have heard your reasoning and so forth and I understand it, but I truly think for any city to survive the congestion that is happening now and will occur in the future is, somehow we have got to improve and focus on mass transit. For whatever it is worth. I know it is in the report as a comment, but this city and all over, you've got to have a mass transit system that is convenient, timely and works. Drell I would like to respond to that and that is a very appropriate comment and we had a meeting with Sunline last week, Leslie Rochon. This is the fundamental urban design conflict. For mass transit to work, you need sufficient customers in proximity of the line. Because what you need for best transit to work, and I lived in a town where mass transit worked up in Santa Cruz, you could ride the bus all day and never consult a schedule. The reason is, there were enough...buses came every 15-20 minutes to every stop and all you had to do was find a bus stop that was going in the right direction you want, and sit down and you knew there would be a bus there in 10 minutes and that is what made it convenient. You didn't have that fear, "I missed the bus, I'm wiped out." To do that, you need enough customers concentrated along the route and when she looked at the staff recommended alternative and more so with the preferred since it's got more units, this area is, the University area is unique in that we have a concentration of destinations. The University on one end, the regional retail on Monterey, the business office industrial on the freeway, and if we succeed in getting the residential development that we have both origins and destinations in a fairly concentrated loop from Cook Street to Monterey and in looking at she commented that it might be the one area in the Coachella Valley which can have an efficient, convenient, successful mass transit route, which can run enough buses picking up enough passengers that can support a line running right there. The problem with the solution of always concentrating on the 51 , r) 4 IA i-i ...... F i m SUBJECT TC REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4. 2003 traffic solution, unfortunately, it has never worked in Southern California. We have been building more freeways, adding lanes to freeways, widening streets, and it is always forestalls and unfortunately you run out of physical real estate. The advantage of mass transit is you can always add more buses and so that is one of the things we are trying, which is a contradiction where you think more intensity creates a worse traffic problem. It is a matter of finding the right balance that is enough to support a transit system in the future and even most ideally, you can avoid a vehicle entirely if you get uses that people can walk to. The other comment you had made about the water seeking its convenient paths and one of the other considerations is the connectivity and that is we have been designing a lot of our developments so they focus traffic through a fire hose. We have been concentrating traffic in a relatively limited number of major arterials and forcing everyone to drive on them. 1-10 is a big problem in that there are very few places to cross, there is physical barrier. Therefore, both the interchange and this is another problem that is probably going to be more apparent in the future as north 1-10 develops and you have people wanting to cross the freeway. They are going to have to be sharing the same interchange with the same people that are wanting to get on the freeway. That is the problem you see in Orange County where you have widely disbursed interchanges, this is probably the other as important aspect of Portola as getting on and off the freeway at Portola, is allowing people to get from the growing Thousand Palms area to Palm Desert without screwing up the traffic at Monterey and Cook. So one of the concepts that we are trying both in a design element and this is to try and disburse traffic. Try to create from a neighborhood, you know things you are going to be looking at when you look at the master plans for the neighborhood we have been talking about in the north area, creating the right balance between not having too much access that you screw up the capacity of the arterials, but enough access so you don't concentrate the traffic at choke points which everyone requiring a signal which end up being 8 phases which also ends up reducing capacity. So you want to be able to give people enough choices to distribute their movements so they don't impact any one intersection and in essence we want to spray design, not a fire hose, because it's the fire hoses that ultimately choke down and create collapse of the arterial system where you just can't get through those few critical intersections. Greenwood There is a side effect although we have to be cognizant of in the multiple path philosophy and that is traffic driving by someone elses house and it is 52 t ; SUBJECTT( MINUTES 'R � . REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 not just particular to Palm Desert, it is everywhere in California, probably throughout the nation. People want to live on a street with the absolute minimum amount of traffic on it. We get people in the Kaufman and Broad development off of Frank Sinatra complaining that people from 2 streets over have to drive down my street to get to Frank Sinatra, so we have to be careful not to end up with streets with 2,000 cars a day on them because it will be an ongoing problem that we could never solve. So we have to be careful when we are spreading this traffic out exactly where we are spreading it out. Lopez A couple of questions and observations. I agree that the bike paths and cart paths should be incorporated into this circulation. I think it is imperative that as we develop these new locations within our city that we make sure that we incorporate access for bicycles, access for carts...I mean I ride a bike a lot around here and there are times when all of sudden there is a bicycle path and then there is not a bicycle path and now you are fighting traffic and it is a dangerous situation. If we are going to have, if Cook Street is going to be what it looks like it is going to be in the future, being able to get yourself around that area on a bike, Monterey, Country Club, Fred Waring, we need to make sure that part of the philosophy is let's make sure that we have that aspect of transportation incorporating what you all create for the future. I think that is imperative. Greenwood And that is what we need to know from you, whether you consider the bike lanes to be a recreation facility or a transportation facility. Lopez I think it is both and I think it needs to be, but I think you need to be the champion of that. I think recreation wise, it is important to have that for the recreation aspect, but for the development of it, it needs to be under your umbrella. The access control areas that we see every once in a while around the city where the pylons are out there and the little things...Is that a temporary thing waiting for an excuse to put a median in? Greenwood Generally we hope so. That's what this detail on the median islands is where...these don't involve any of the orange cones out there permanently. So where we have orange cones, we hope that it is temporary everywhere. We don't have them in as many places as other cities, but it's still too many. Lopez Yeah, there is a couple of places where they stick out and they are rather unsightly I would say. 53 ' •• SUBJECT TC MINUTES ate; °� REVISIQN PALM DESERT PLANNING COMMISSION NOVEMBERE 4, 2003 The Portola interchange and the addition of that interchange and how it affects traffic on that particular artery in the future, especially as it goes by school zones, I think it is going to need to be studied very very carefully. I know the widening of the streets there, but also how because that whole neighborhood area generates foot traffic by young children who are going to school and I think we just need to make sure that we keep that particular area under a microscope and make sure that safety is imperative, that area as well as being able to cross those crosswalk areas and all. Greenwood You are talking about at Lincoln and the Middle schools? Lopez Yeah, those areas. And I do think and I would agree with the rest of what has been said here that I would hate to see the bar lowered to a D. I would rather see the bar maintained at a C which is actually raising the bar because as we develop more, or actually it is going to be more difficult to maintain that but that should be what our goal is and I know language has to be created here as to what a goal is and what a standard is, so on and so forth, but I think what we need to go into this is knowing that this is what our goal should be and should be maintained to be. There are going to be areas that it is either too costly and we get to those areas eventually in the future or if the cost is such that we need to take a look and see whether we should bear that or not, and in fact keep the quality of life as it is and it would cost more money, but based on the growth...no, I won't say that. Finally, the alley way, the alley that we have talked about previously, as we go down this line and when we start making a decision as what we are going to go forward with on final resolutions, and so on, we need to come up with a finalized plan what we want to do with that alley area. Is it going to be parking? Is it going to be...? How you all will address that in the future is going to be important. I know we have come up with the decision as to what we want to see, but that will also be an area that we need to take a look at. That's all. Campbell Okay, as far as Portola north of Fred Waring and where you are planning on taking those lots, 12 lots. Greenwood I am not planning yet. Campbell Okay, we are looking at hopefully very soon in the future. What will happen then on the south of Fred Waring, where we have the church there? Will all 54 ;` rig)) 111460111 1rSUBJECT TC MINUTES 't V REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4. 2003 of that be eliminated up to Alessandro in some way or you patched up the east side, now you've started to work on the west side? Greenwood Yeah. Actually, from De Anza to the south towards 111, that is what is under construction right now, that will be 4 lanes, so the area from De Anza north to Lincoln School or short of Lincoln School there, I would hope that we can treat that really as one project. We would not anticipate relocation of the church or anything. The right-of-way gets awful close to the building, but at least in our preliminary layouts, we are just trying to see how this all works but there are a few houses on Portola south of Fred Waring that also are potentially impacted depending upon what the decision is, but I guess we are looking for guidance from you and do you want to see that go forward as this thoroughfare 4 lane road. Campbell Or 6 lane road. Greenwood Or 6 lane road, yeah we really need your considered opinions on that so we know what to do. It makes big difference. It probably doesn't make a difference on the number of houses that are impacted but makes a difference on what the remaining land can be. If it is a 6 lane road, the remaining land can only really be a parkway, but if it is a 4 lane road then that land is potentially useable. Campbell Because actually, you know I am in favor of the bike lanes and the golf cart lanes, but actually as you see it on Hovely Lane West, here you have a wide street yet it is only 2 lanes because here you have one, you know, both sides you have a bike lane and a golf cart. So, actually it should be made wider in some way. You cannot make it wider now, maybe the lanes should be narrower so you can have 4 lanes and then plus your golf cart and your bike lane. `Cause actually to me that seems to be like a wasted street. Greenwood Actuallyon HovelyLane West it is a parkinglane and a bike lane. Campbell Okay. You don't see that much parking on there. Greenwood That street is either too wide or narrow depending on how you look at it. Campbell Uh huh if ou make it too wide, it will be a lot more traffic. Then there is Y another question I have on Hovely Lane East, where the development that 55 r rIN SUBJECT TC REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Venetia is, the homes right there. You did make that when you make a right turn from Portola on Hovely Lane East you've made that a 3 lane. Greenwood Yes. Campbell So that the parents can pick up their children from school. That was the purpose of that one lane, also. Greenwood The third lane, basically it is an extended right turn pocket to get into the school to pick up their kids although I think the parents might misuse it a little bit and actually pick up their kids at the curb there, but. Campbell Well actually they use 2 lanes. Greenwood I have heard that before. Campbell Yes, because I make the trip, they're both 2 lanes trying to go ahead and get into the parking lot, so I don't know what you can do about that. It was just before, it is just back to what it was before. Greenwood I don't think there is anything you can do. Tschopp I think there is. I think if you send a patrol car to start hooking a couple of mommies dropping off their kids and get the word out. Really I think it is a safety issue and you can't plan anymore, you need a little assistance help from the police. Greenwood The Sheriffs Department is very good about supporting us. Drell That is a very good example of a school that got planned inclusively by the school district. We only got consulted in getting permission for their driveways and hopefully we won't repeat that experience again. Finerty So, if we summarize, it sounds like we are all in agreement with regard to the bike lanes and being for recreation, but under the auspices of transportation that Monterey should definitely go three lanes northbound and do whatever we can to Rancho Mirage to explain the wisdom of why it needs to be 3 lanes southbound; to keep the level of service C, explain the difference of goal and standard. The medians you asked about the 18 foot width, yes. We talked about parkways and landscape buffers. With Portola, say north of 56 pi: Fil ....„_. SUBJECT T( Li ' vii, '� REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Fred Waring, if that, it seems to me if we are between 4 and 6 lanes now, it would be advantageous to go to 6 lanes and to have some sort of parkway or landscape buffer as opposed to going 4 lanes and then cramming in office professional in that area. Lastly, and I know you didn't ask about this but I think wherever meandering sidewalks can go in, it is certainly an asset. Tschopp I agree to everything you said, but I guess the one question I have still on Portola is, obviously we have a safety issue now with houses backing up. If we go to 4 lanes as opposed to 6, do we eliminate the safety issues or do they remain? Greenwood It is four lanes now, but it is just so narrow and the sidewalk is so close, it is not really an acceptable right condition. If we widen the road at all, I think it requires that we relocate those houses. Tschopp And that would entail then commercial development in those certain portions of designating a study. Greenwood It could. Drell A concept where you could design those commercial developments with parking lots which would allow people to front, we would go forward onto the thing. The issue on whether the remainder property gets used as commercial or as open space is a matter of money. It is not a good place to put a park on a highway like that so it becomes a, if you imagine Fred Waring is about 40-45 feet, that strip of landscaping, these areas are 60-90 feet deep and so it is a matter of the City, whether we want to spend the money to install and maintain those areas as landscaping which is very expensive, or we want to let commercial developers build things and maintain their front yards. So it is a matter, to a certain degree there is a noise advantage to having buildings instead of open space for the people behind but it is a mixture of considerations and involving a lot of money. Tschopp I guess, just to tag onto it what Commissioner Finerty is talking about. On Portola, I think that the other thing we need to add is it is an area that needs to be moved forward. I hate to see us leave the people there in limbo like has occurred in other areas. So I guess that area to me I would say if we are going to do anything, we need to move aggressively forward and make it 57 SUBJECT TC 0 tin MINUTES ,,�:p> REVISION PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 happen so that it would take away some of the uncertainty and impact on some of the residents there. And then Commissioner Lopez' comments on the alley there off 111. Again, I think we talked about that, but I would say again also that is one that needs to be aggressively moved forward to take away the uncertainty and the impact to residents. Campbell Anything else? Anything to add? John does. Criste Just a verification then because this is obviously related to the land use issue, is that where we want to widen the streets and we are going for these optimum kind of transportation systems and we are affecting these existing residential uses for instance, I don't know that we have resolved the issue of whether for instance, what I think was the staffs suggestion that the area north of Fred Waring, that stretch of houses on the west side, we would change that to say, office designations so that these kinds of consolidated uses that could share single access and have rear loading parking for instance, with buildings on the streets, could provide tremendous acoustical buffer for those residents that would remain to the west. Finerty Could that be one of our mixed use between office professional and open space so that we have time to decide what we are doing? Criste I am a little confused frankly about when we talked about the mixed use commercial or the mixed use designation. My understanding really was you know prior to that the draft of the general plan speaks to mixed use as a viable alternative in most of the commercial designations. As an example is you can always mix open space with any kind of use. It really becomes what is the economically viable use that remains or can remain for these kinds of properties consistent with the traffic goals you are trying to reach and so yes, it can be those kinds of mixes. Finerty It sounds like that is the direction we are kind of going in and that would give us... Drell Although I think what we need if we are going to contemplate 6 lanes north of Fred Waring we need to see the sections. I would suspect that we are going to be impacting a lot more than those 9 or 10 houses if we go to 6 lanes. 58 -. SUBJECT Ti r REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Greenwood I am glad that you gave me another crack at it here, yeah, we need to understand that the 6 lane section now impacts the Lincoln school frontage and I think it is a mobile home park across the street from it. It affects the commercial properties down at Alessandro on both sides. Those buildings are fairly close to the road and then if we are talking about 6 lanes all the way down to El Paseo, that block between 111 and El Paseo has the highest volume on Portola. If we are talking about that block, these are vital brand new commercial buildings that we are talking about. Finerty Can we look at north of Fred Waring on Portola going to six lanes? Greenwood We have some layouts from that discussion at GPAC. Finerty Right. And keeps the focus there rather than to tear up the whole city and all the buildings? Greenwood That is where it gets a little bit odd because then the volume between Fred Waring and 111 is actually higher than the volume north of Fred Waring so we would widen where the volume was lower and leave it narrower where the volume was higher which creates a bottleneck. We have gotten all tied up at the staff level, so .... Finerty But wouldn't we anticipate though, let's see you were talking before that if we do the interchange at Portola and 1-10, that that would take approximately 10,000 cars away from Monterey? Greenwood It was more like 15,000 to 20,000. Finerty So if using that same scenario Portola was widened to 6 lanes, it has got to alleviate some traffic from probably Monterey and potentially Cook. Criste Monterey, Cook and Portola are not going to operate at unacceptable levels it appears from the traffic model. The other is ... Finerty Which is imprecise. Criste Yes it is. But the other is that you have some relatively sensitive land uses that are going to stay there forever along Portola and if you look at the volumes, the projected volumes, I don't think the projected volumes warrant 6 lanes north of Fred Waring at this point. 59 SUBJECT TE' Li\ ir ® REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Drell Yeah. Well, that is where we get into the discussion, it is right on the cusp. It is in the 30,000 range where you are either at a fairly good D at 4 lanes or maybe a D and with 6 lanes you are at a solid C. A lot of that traffic that the Portola interchange is intercepting, is traffic that has been disbursing and a lot of those destinations are north of Country Club or north of Frank Sinatra. So remember, we are creating by virtue of that commercial, the University, the regional...huge destinations are right on the south side of I-10 which is what a lot of that traffic is on that Portola interchange is going to be diverting, so as it goes south, its impact gets diluted and what the traffic model is saying is people are coming south, they are stopping, they are turning right, they are turning left and by the time it gets down to Fred Waring, that big slug of traffic that is starting at the Portola interchange is diminished significantly. Criste Right. Lopez But I think the area where I have always been concerned about is the area between Magnesia Falls and Fred Waring. You know I think it would be delightful or wonderful to see that we could break this thoroughfare on Portola that I am not too crazy about 6 lanes on this road, but if 4 lanes is going to handle the inbound traffic that disburses before you get to Fred Waring and 4 lanes from Magnesia Falls to Highway 111 belong with sidewalks and open space that creates a safe environment for all those people along those areas is where I think we should be focused on. Criste I think that is where the deficiency may be, not so much that we need more lanes, but that we don't have enough room to do a proper 4 lane kind of configuration now and we have kids on bikes, walking and as parents have said, we have got them right up against the line of traffic because of the lack of width but the 6 lanes does not seem to be warranted by the model. Drell Given the pain and expense it will cost. Greenwood Another issue too is that the 4 lane section that we had presented here I believe had bike lanes on it and a 6 lane section that we would contemplate probably would not, though it is hard to say. Bike lanes between Fred Waring and 111 are very difficult. I think we could do it on a 4 lane section there but I don't think we could do it on a 6 lane section. 60 ,. SUOJECTT( o REVISION MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 Campbell So, actually to me I agree with Commissioner Lopez. I would just go even really on Portola. The worst part is between Rutledge, not even Magnesia Falls, and Alessandro that really needs the work on that side. Lopez One other real quick comment. I think this was an outstanding element. If this draft of the staff report that we received the other night that when I first read through it, man oh man, you guys are more important than just putting up a traffic light some place. This was done very, very well and it was very very informative. Finerty And look how quickly we got through it. Lopez Yes. This was really put together very very well. Greenwood We should give the credit where it is due John Criste, the consultant, prepared all the text and Urban Crossroads. Lopez Well I know John had a lot to do with it, but I know that the input from you all is invaluable and I really do think it is very very well done. Campbell Great work Mark and John. Okay, it is now 11 :30, so we are going to go ahead and resume our public hearing at 6:00 this evening. Action: It was moved by Chairperson Campbell, seconded by Commissioner Lopez, by minute motion, continuing GPA 01-04 to 6:00 p.m. on November 4, 2003. V. ADJOURNMENT Move by Chairperson Campbell, seconded by Commissioner Lopez, adjourning the meeting by minute motion. The meeting was adjourned at 11 :34 a.m. PHILIP DRELL, Secretary ATTEST: SONIA M. CAMPBELL, Chairperson Palm Desert Planning Commission 61 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 getting it together. There needed to be some studies on it that they were aware of, and ARC was aware of them, and they had agreed they would work on it. Chairperson Campbell declared the public hearing closed. Chairperson Campbell called for the vote, and the motion carried by a 4-0 vote, with Commissioner Jonathan ABSENT. Action: It was moved by Commissioner Finerty, seconded by Commissioner Tschopp, approving the findings as presented by staff. Motion carried 4-0 (with Commissioner Jonathan absent). It was moved by Commissioner Finerty, seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2231, recommending to City Council approval of Case Nos. PP 03-11 and DA 03- 03, subject to conditions as amended. Motion carried 4-0 (with Commissioner Jonathan absent). B. Case No. GPA 01-04 and the Draft Environmental Impact Report as it relates thereto - CITY OF PALM DESERT, Applicant (Continued from September 16, October 7 and October 21, 2003--8:30 a.m. meeting) The following is a verbatim transcript of this Public Hearing: Key SC Sonia Campbell, Planning Commission Chairperson DT Don Thompson PD Phil Drell, Director of Community Development CF Cindy Finerty, Planning Commissioner John John Criste, Terra Nova Planning & Research JL Jim Lopez, Planning Commissioner SC This morning we had our General Plan meeting at 8:30, and we are again going to go ahead and have it this evening. There are people in the audience who haven't had an opportunity to speak when we were talking 31 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 regarding the Portola thruway. And so the public hearing is open, and I will ask...anyone who is in the audience right now who wants to speak in regard to that may do so right now. Now you may stand up. DT I was here this morning, and thanks for picking up where we left off. I didn't want to have to sit through three more hours of that. I kept slapping myself to keep myself awake most of the time. SC Can we have your name and address for the record, please. DT My name is Don Thompson. I live at 43-845 Portola Avenue here in Palm Desert. The blue card I filled out said I was speaking about the rezoning of Portola. I didn't know whether it's going to be rezoned or whether it's going to be something else happen to it. I can speak in general terms for the first five houses north of Portola. Five of us are all together in agreement. We like the area. We would like to stay in the area, and we're going to remain in Palm Desert one way or another. But we're willing to go for rezoning or changing Portola traffic. But we would appreciate somebody doing something on this so we can make some plans for ourselves. This afternoon I went home and I wrote a thing. I'm not much of a speaker, so I wrote this out. I put it something so you can look at it later if you want to. I have a suggestion for a solution for the Portola and Fred Waring intersection. I have never heard anybody say these particular things. I'm not an engineer. I have no expertise except common sense, and I'd like to propose the following. If only two cars in the right-hand lane heading south on Portola at Fred Waring decide to proceed straight ahead, as allowed, they will block every car behind them from turning in the right-hand curve onto Fred Waring. These blocked cars frequently back up further than the intersection of Rancho Road and Portola and most times a lot further than that, even approaching back toward Rutledge. Today at 2:30, right after I got home, I went out with a camera and I took pictures of the intersection. In one case, two cars blocked the turn. Those two cars proceeded straight ahead on Portola, heading up toward 111. Instantly, there were ten cars, one right after another, turned right on Fred Waring. No problem because the light was with them (inaudible) to turn on. My suggestion is if only the first five homes on Fred Waring were removed, and that includes mine, it would allow the City to widen the street another 30 feet if it needed to put in one or even two right-hand turning lanes into Fred Waring. There'd be no way for any car to block any other car from turning as soon as they reached the corner. Taking only those five homes now would be a lot less expensive than in the 32 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 future, and sometime in the future it's going to have to be done. Something's got to be done there. And it would make a vast improvement immediately. Furthermore, if in the future Portola were to be widened, this part would be finished and we would all have the benefits of a more efficient traffic flow for the period of time from this point on. I also believe that the smooth turn might encourage more people to turn onto Fred Waring, thus avoiding the two-lane congestion further south on Portola. Taking 30 feet for the widening of those five lots would leave the City a 75-foot wide, 325-foot long section for landscaping, meandering sidewalks, or whatever, and would be relatively inexpensive to maintain and at the same time speed up traffic and clear congestion approaching the corner. And that's all I have to say except that we would appreciate an answer so we can make plans. Okay? Thank you. SC Thank you, Mr. Thompson. Anyone else in regard to Portola from this morning's meeting? Okay. We'll resume the public hearing for the General Plan after we hear Case Nos. GPA 03-07, C/Z 03-10, PP 03-11, TPM 31515, and DA 03-03, Rick Evans, Applicant. FOLLOWING COMPLETION OF PUBLIC HEARING A, CHAIRPERSON CAMPBELL CONTINUED WITH THIS MATTER AS FOLLOWS SC We'll go ahead and resume the public hearing. And we have Case No. GPA 01-04, Draft Environmental Impact Report as it relates thereto, City of Palm Desert, Applicant. This is continued from September 16th, October 7th, and October 21st, and an 8:30 meeting this morning. And request for consideration of a Comprehensive General Plan Update and the Draft Environmental Impact Report as it relates thereto. The public hearing is open, and this will be pertaining to the EIR. Did you want to make any comments, John? PD We have a couple of things. On the General Plan, we've never talked about the park and rec element. I don't know if you want John to... CF We have a plan. PD Okay, great. CF Just sit tight. 33 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 2003 SC Okay. PD Okay, thank you. SC Okay, the public hearing is open for the EIR, and we're going to go ahead and take testimony from the audience in regard to that. So, did you want to say anything, John, at the beginning? John I just want to make a note that the comment period for the EIR ended yesterday and that we received only a handful of comments, but some of them warrant some very careful consideration. So we can prepare responses for those and have those hopefully ready for your meeting on the 18'h. SC Of the next meeting, okay. Thank you. Okay, anyone in the audience? The public hearing is open for any type of testimony on the EIR. Seeing none. CF I would move to continue to November 18' at 8:30. JL Second. SC All in favor. All said "aye" SC All opposed. None. Motion carries. Action: It was moved by Commissioner Finerty, seconded by Commissioner Lopez, by minute motion, continuing Case No. GPA 01-04 and the Draft Environmental Impact Report as it relates thereto, to November 18, 2003. Motion carried 4-0, with Commissioner Jonathan ABSENT. IX. MISCELLANEOUS A. Case No. VAR 03-01 - CENTENNIAL HOMES, Applicant Per Planning Commission direction on October 21, 2003, presentation of a resolution denying a request for a variance to allow the reduction in the minimum lot depth from 100 feet 34 FAN r ET e74 MINUTES SUBJECT IC t o REVISION 1 ADJOURNED MEETING % :71, 111/lb PALM DESERT PLANNING COMMISSION ''••:;TF ice E ,34�•'' 8:30 A.M. TUESDAY - NOVEMBER 18, 2003 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER Chairperson Campbell called the meeting to order at 8:37 a.m. II. ROLL CALL Members Present: Sonia Campbell, Chairperson Sabby Jonathan, Vice Chairperson Cindy Finerty Jim Lopez Dave Tschopp Members Absent: None Staff Present: Phil Drell, Director of Community Development Bob Hargreaves, City Attorney Mark Diercks, Transportation Engineer Mark Greenwood, City Engineer Phil Joy, Associate Transportation Engineer Tonya Monroe, Administrative Secretary Also Present: John Criste, Terra Nova Planning & Research III. ORAL COMMUNICATIONS None. IV. PUBLIC HEARING Any person wishing to discuss any item not otherwise on the Agenda may address the Planning Commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of five minutes unless additional time is authorized by the Planning Commission. 11017711 SUBJECT TC , o REVISI0N MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 portion of it and we've shown the boundaries. It's sometimes called a hill shaded map because what it does is it shades the hillsides so that you get the sense of topographic relief in the planning area and in the valley overall and this really tells the tale very much about what the circumstances are in the planning area. We are very much a topography driven kind of region both on a growth scale with these mountains that give us open space, give us wildlife habitat, hiking experiences, but are not really available for development to varying degrees of very develop able land and then lands that in the middle of the valley as you can see are affected by other constraints. If you look in the middle of this planning area exhibit, you can see Indio Hills which are a indication of a direct sign of the San Andreas fault zone and the compression that goes on in this particular area and the uplift that results. You can also, it is implicit also in the exhibit is the substantial drainage areas that come out of the mountains and the heavy deposition of materials into the valley floor as you know, some of these materials are miles thick so this is a very active flood zone. So, right away we have these kinds of obvious conditions from a bird's eye view or a satellite view almost, but also you can see the constriction and isolation of the valley from the largely maritime air masses to the west and how the San Gorgonio Pass then is a funnel and the valley itself, and its shape and its low elevation, how they create this regime of winds that also then really characterize our region very much. So, I am really enamored with this exhibit. I think it really does and it is very instructive in the planning issues, the most basic planning issues. Jonathan I am sorry to interrupt. I had a question that I actually meant to ask you earlier. This exhibit shows the general plan planning area with that dashed line. How is the determination made to include the non city area, non incorporated area on north of 1-10 and is that an indication that at some point there is an expectation that it will be part of the city proper. Criste The answer to the second question is no. The answer to the first question is that the GPAC in wanting to cast a broad net, if you will, from an analysis point of view, didn't want to look at this too much in context, but rather wanted to look at the general planning in a land use context. Also to the extent that these lands north of the interstate especially, and this is where 3 SUBJECT TC. MINUTES i0 REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 the extra land comes in by the way, all the lands in the planning area on the south side all occur within the city's legal sphere of influence as recognized by LAFCO. In the north we knew that we had lands that serve as a gateway to the city, lands on the north side of Monterey, Cook, etc., and that people coming into that end of the community would be affected either for better or worse by the kinds of planning that went on there, etc. And what part of the rationale for analyzing this area was multifold, but that was one of them was to have an analyzed base to come to a LAFCO or to come to a county hearing and say, "we know this area fairly well, we evaluated this area in detail in the context of our work and we have some real concerns and we can back them up." That was really I think the heart and soul of the idea. Then maybe the greater extension had to do with the value that the city it was reflected in the GPAC for preserving open space and how important this area with the preserve, the fault zone, oasis and then the connection to the park there was a logic to extend there as well. So that was how the planning area became defined and it was voted on by the GPAC. Drell The GPAC didn't spend a lot of time but maybe out of the how many meetings it might have spent one meeting or two meetings to try talking about it. Criste The next exhibit on the next page kind of gives you an overall sense of the planning area in terms of scale. The city corporate limits are about 25 square miles, the sphere of influence that LAFCO recognizes is about 41 square miles and when you tack on this big north end that we were concerned about at least having the good information base on that added 69 square miles to the planning area. The project description is fairly extensive and of course it is a summary of the general plan itself and that also includes a breakout of the dedication of lands by percentage, general types, commercial, etc. Their exhibits in the beginning also that include the existing conditions which represent the current city and current county general plan. For the current county purposes we used the RSIP that was under consideration at the time. The county integrated plan and we had a couple of areas where apparently between the time we did our mapping and the time that matters were resolved with the adoption of the general plans, changes, minor changes occurred. Two important changes are, there are a couple of policy areas in the Sky Valley planning area that the county has 4 fl R om+ C SUBJECT IC MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 asked that we respect and delineate on our final map. One refers to Sky Valley Mobile Home and RV Park policy area and there is one other policy area which I don't recall at the moment. There is also a piece of land up on Highway 74 that the county had designated as open space and is private and they're designating it as a very low density residential, I think one per ten. They asked that we would honor that as well, although in that particular instance that is a specific designation so I am not sure that we should feel compelled, nor is it likely to be relevant. Finally, the county has delineated low density residential in the Cahuilla area of zero to two and our low density designation is zero to four and they would rather that we assign a more restrictive zero to two per acre in those areas where there is a difference between the two designations. I think that is pretty much the limit. I will check to see if I have covered everything in that regard. Those are the differences between the county's maps as they are presented in the EIR and how they would like us to present both in our preferred alternative and in their maps in the document. The EIR evaluates such things as land use compatibility and so does the general plan at length in things like community design element, etc. It also evaluates traffic which we went over last time and pointed to the mitigation measures which were imbedded in the last table of this section of the EIR and we will continue through adaptive management to make sure that the road system performs to standard and there is a brief policy amendment that we can cover at the end of this discussion with regard to the level of service that we are desiring in the City. One of the biggest most important constraints that we have to deal with here is also the seismic constraint in the valley. We have really we're a highly exposed area and we have got a very high potential relatively for strong earthquakes, up to a 7.4, 20% probability in 30 years the EIR says or our consultant says. Since the Landers quake we have gained in popularity from a earthquake point of view. The intensity of the earthquake's potential seems to have gone down a little bit because of the way things are changing underground, but these are very imprecise matters. We know, however, we have this hazard so we should expect very strong ground shaking at the very least and ground rupture up along Indio Hills area sometime in the next 50 years for sure. We have other constraints that are soils, rock falls, things of that sort which the city inherently manages through code and we reference 5 SUBJECT IC - REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 though in the EIR some of those and just ordinary measures taken to assure land use compatibility with seismic and other geotechnical hazards. In hydrology, bynecessitywe have a highly developed drainage system. In Y 9Y� 9 Y P 9 Y the cove communities especially we have been subject to some significant floods and most recently since 1976 where we developed along the Dead Indian drainages and those sorts of areas. We have major facilities in place already, like the Whitewater River which is usually dry, but large capacity facility as it runs through the city, it will handle 82,000 cubic feet per second which is a pretty enormous river. We also have the Palm Valley channel underneath that Indian Creek basin which addressed the 1976 flooding and made projects like Canyons at Bighorn possible. Others at San Pasqual Channel which is a local channel, the Deep Canyon Channel and then the partially constructed, largely still underway and Mid Valley Channel located on the south side of the railroad rights-of-way and connecting to drainage systems of the Coachella Valley Water District further down stream. There is also in the north end of the planning area, the Army Corps has approved a very large hydrology project to protect the urban areas primarily along Varner and up the Ramon Road in Thousand Palms and that needs a lot of funding but that would protect those lands and some other lands as well. So, we recognize all those plans. We have standard mitigation measures that staff already applied and public works apply to development proposals as they come in the city. We also have then covered lots of other areas of concern, air quality. Air quality of course is a regional issue, water resources are regional issues. We spoke about both of these at length, about how important they are to us. We have a role to play in regulating the use of water and the emission of pollutants and our effects on regional air quality, but we are also not masters of our own fate by a long shot. So, we do our best with the mitigation measures and within the context of regional planning at CVAG and SCAG. We hope to continue to manage air resources and water resources better and better. We also finally in the impact analysis, we performed a rather detailed fiscal impact analysis using a methodology that the county recognizes for things like annexations and those kinds of incorporations to assure that there is an adequate flow of revenue to government to provide services and we find that the preferred alternative general plan by a large margin will be revenue positive to the city upon build out and that is within the city limits proper. 6 SUBJECT IC MINUTES ;, ; #` R VIS10N PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 We have other comparisons as well within the EIR under the alternatives discussion but for our purposes and for the purposes of any amendments we are clearly a strong revenue positive scenario that we are going to be operating under. The EIR also looks at other mandatory discussions under the California Environmental Quality Act and then as I mentioned the extensive alternatives discussion which evaluates the relative impacts of the other alternatives to these various categories that we have been discussing. The document then includes all the technical reports that we generated in a somewhat condensed form so that the public doesn't have to struggle to find them nor do you and if you are interested you have got them readily available to you. We are in receipt of about a half dozen letters, meaningful letters with regard to comments on the draft DIR. These include comments from the Southern California Association of Governments and their desire that we demonstrate consistency with the regional plan. Clearly we are consistent and we are now drafting those responses and pointing to the relevant policies and programs of the general plan to demonstrate that. The others had to with largely, a couple of the letters had to do with immediate planning areas. One concern was raised about land uses along Gerald Ford, east of Monterey. Another has to do with perhaps traffic safety if you will, associated with land uses at Dinah Shore west of future Portola. Largely though, the letters overwhelmingly are about land use. I would like this designation or that designation which in our determination have no real net effect on the environmental analysis. We have your usual questions about everything letter as well and so we are responding at length about a whole list of issues raised almost categorically about the environmental document and it is fairly routine now in the overall and in advance of our hearing next month, we will provide you with the drafts of the responses that we have prepared so you will see the full context of the environmental documentation. And I will be glad to answer any questions. Campbell Any questions of John? Tschopp You are going to make the responses available to us prior to next month's meeting? Criste Yes. 7 • SUBJECT TC MINUTES t , RrVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Tschopp In a nutshell, are there any responses that you would anticipate that would have any kind of impact on the process or implementation of the GPAC? Criste No. As is typical, it is largely a matter of clarification or pointing to where the information was and facilitating a better understanding. Jonathan John, I wanted to ask you about the fiscal impact analysis. There are tables beginning on page V-49 and they seem to indicate that if we just focus on the city limit only analysis, the "no project" seems to have a net annual positive cash flow of $16,000,000. The more intense is about $9,000,000 and the less intense is about $12,000,000. So, I guess I am a little bit confused because I would have thought logically that the more intense would create more revenue. Is that because of the higher expenses? I know that this is kind of a detailed analysis and I apologize if I am catching you off guard but the trend is just a little different than I would have suspected. Criste I didn't prepare the analysis but I think I understand the model well enough. The intensity of the land use that we used was as much a function of dwelling units as it was anything and so... Jonathan As it was what? Criste As it was say commercial or industrial. Jonathan Okay. Criste And in very general terms, the balance between revenue positive and revenue negative has to do with housing units versus say commercial resort hotel, those kinds of revenue generators. That is, from a property tax point of view and a service point of view, residential is generally a negative for the local jurisdiction. That is why there is a need to have as much as you can a balance of other revenue sources to backfill that would otherwise be a loss. So if you have a community that is a residential heavy and low on commercial and maybe even resort which is a very good revenue generating land use, you are going to find that those communities are going to be in very tight fiscal constraints. So, our more intense is a higher residential loaded alternative. 8 r TSUBJECT Tt: MINUTES REVISIONPALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Drell Remember, in all the alternatives, the commercial designations are roughly the same. They are pretty much set by land use compatibility issues in proximity to the interchanges and to the freeway. Jonathan I see what you are saying. So the more intense results in possibly more residential units which increases the revenue somewhat but the costs go up more if you've got those right revenues. Drell Right, provide more services and percentage wise less revenue. Jonathan Right, okay. Thank you. Campbell Any more questions of John? I do have some blue cards here if anyone is interested in talking in regards to this. I have Rodriguez, Lucia, no? Not on this, or Donna Matson, not on this? Okay. Anyone else? Drell Okay, what we are going to try and accomplish even though we are not going to have our final resolutions and response to comments at this meeting, is at least make some fundamental decisions. So, when we get to our next meeting, we can wrap it up relatively quickly. That's the objective. So we are going to go over things basically areas where we are suggesting amendments to the original draft or new language, new alternatives. First, we will first talk about the land use designations. We are suggesting that hotels and motels be listed uses in the commercial zones as, which is again something that will always be subject to a specific approval process but at least provides the opportunity for within the community commercial and the regional commercial and all those and we can have hotels. The second is introducing the concept of mixed use commercial in all the commercial zones as well which in essence leaves open the possibility of integrating residential uses into commercial uses. Again, this is something that will be subject to specific designs when we actually get projects but again would leave the...it identifies the potential desirability of proximity of residential and commercial uses together and again provides the opportunity for property owners to propose those. Finerty Phil, I have a question. 9 SUBJECT TC MINUTES R!VISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Drell Sure. Finerty And I am not sure if you want to do these one by one or do them all together, but... Drell I would rather do them one by one. Finerty Okay. My question is with regard to the mixed use. I am very uncomfortable with mixed use that includes the possibility of high density residential along with commercial and I would feel much more comfortable if we removed the high density residential and put in office professional. Drell The inherent nature of mixed use includes the potential for high density residential. Again,the proximity of high density residential next to commercial uses...we have them in the city...on El Paseo we have mixed use projects with El Paseo Village as an example where a project was developed with the front of it commercial and the back half of it high density or in our definition then residential. Again, it is not something that it provides, again there are a lot of demonstrated positive outcomes of it relative to traffic, relative to convenience. It doesn't force you to approve any. People have to make designs and they have to justify that the language requires that Finerty I know, but if the language is there, then it opens up the door. If the language isn't there, then they are forced to come in with the change of zone. Drell And the staff recommendation is the door be open. You can disagree with it or not disagree with it, but that is the staff recommendation. That the door should be open. One of the issues we are dealing with, I had a discussion yesterday with folks at the Housing Authority recently went to a meeting led by the state housing development department relative to the new what they call Regional Housing Allocation Numbers, which is what our next cycle of the general plan is going to have to deal with and based on the 2000 census, and the projected and measured growth over the last three years in the city, our numbers are going to be significantly higher than we have ever had before and one of the issues in the general plan is using our land most efficiently and we have very little of it left and one of the ways of...with minimal impact on the land and minimal impact on existing traffic and circulation systems and open space and everything else is to find creative ways to integrate housing with other uses. It has been done traditionally for 10 SUBJECT TC. REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 hundreds of years very successfully throughout the world and in California and in Palm Desert, so that's our recommendation. Lopez Phil, real quick. In the language of the commercial use, mixed use, it includes medium density also. Drell Sure. Lopez And that particular...that would be 4-10 developed units per acre if I understand right? Drell Correct. Lopez You are looking at perhaps even residential homes mixed in with this particular area versus condominiums or...(inaudible) Drell Planned in conjunction with. Again, El Paseo Village is an example where condominiums were planned with a commercial project. Lopez These also could be single family homes. Drell I doubt that within the same project you would have single family homes. Generally you have the examples of second floor apartments or sometimes, or... again, commercial land by its nature is very very expensive. The only way it makes any economic sense to integrate housing into it is in a rather land intensive manner. You are not going to see, again you are talking about $10, $15, $20 per square foot real estate and typically when it's done, it's done in second floors or in multi story buildings adjacent to, but interacting with. The difference is there's an interaction with, it's master planned together to maximize their compatibility and utility together. To a certain degree, hotels are residential use and we have been integrating hotels and commercial projects from the beginning so it is, the big advantage of them is that they are very complimentary in terms of their peak hour. Commercial uses are most busy during the midday, residential uses are most busy in the morning and evening. Again, this is not something that we will force Ms. Finerty to live in, but it provides the opportunity for the marketplace to decide if and when in the next .... remember this is a 20-year plan. What I am hearing from residential developers right today, that there is almost no good 11 SUBJECT IC -` ✓ REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 residential land left. They are scratching to find real estate and this is just an opportunity that is open. The door is open and there is no question we are recommending that it be open that in the next 20 years if the market dictates relative to the scarcity of residential property that there is... and you can find a compatible, creative way to integrate residential uses into a land plan for commercial that the door is open. Finerty Phil, at the last meeting I had asked you what the mixed use was and you told me commercial and high density residential. However, under land use designation, it doesn't spell out what it is and I think that the rest of the commission needs to have a clear idea of your intent of mixed use is for commercial with high density residential as evidenced in the map where it is that you would like to see the high density go relative to the other uses. Drell This isn't a zoning map. This is a general plan. All we are saying is in these areas there will be an opportunity for it to happen. I am not ... Finerty But it doesn't say, it says a specific designation for mixed use developments. I think mixed use developments needs to be spelled out. As Commissioner Lopez just asked, does this allow medium density residential and that was not in the answer that you gave me at the last meeting. So if mixed use development is medium, high density, and commercial or whatever combination, I think it needs to be clearly spelled out. Drell Okay, it can include any mixture of commercial uses and residential uses. In a compatible design that you examine and say, "Hey, that works." We are not saying that it will happen anywhere, it will be a decision ultimately that the marketplace will make and a creative designer will make, but it can include all forms of both office... Again, you have a project before you right now that you recommended for approval that is a mixture of office and commercial and hotel. Again, hotel is a form of where people live. Tschopp If I remember right, the use of mixed use commercial is used very sparingly throughout the plan. Drell No, no, there is two areas where if you get out the amended land use designations... John do you have them handy? Lopez The one dated 10/17? 12 p SUBJECT TC MINUTES g REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Drell There are two things. There are two specific areas that are designated on the land use map. But in terms of the language, we create a mixed use section where we felt that it was specifically appropriate and I will read the language of the mixed use section. "The land use designation provides for a mixture of uses including those identified in any of the commercial land uses which includes offices, hotels, and retail as well as professional offices, institutions, medium or high density residential." It says medium or high density residential. "This designation is applied to lands which have benefitted from approval of a master development plan, or specific plan. The mixed use development is intended to be a highly integrated master plan that optimizes the complimentary land uses and distribution's internal non vehicular access, low traffic volumes within the residential areas in the master plan. Commercial mixed uses development will vary in size and are discretionary approvals." In addition, in all the...and actually in all the other commercial zones and actually they were part of the original language, regional commercial mixed use developments with professional offices and residential may also be permitted through approval of such an integrated master plan. So, that language, again, the door has been left open. Actually our current zoning actually allows accessory second story apartments in all commercial zones already. Again, people haven't...the market hasn't made that decision that it is ready for that, but actually our existing zoning ordinance does provide for it. Jonathan How does the land use designation interplay with zoning? Drell We will...after the general plan is approved, then our next task is to adjust our zoning ordinance to implement the programs and policies of the general plan. Jonathan So the mixed use commercial designation, would that create a new zone? Or would that suggest that a mixture of zonings be allowed within the designated mixed use areas? Drell We have an existing zone called planned community development which pretty much mirrors to a great extent this philosophy. It allows for the integration of residential and commercial uses in a master plan and they have to come and present the master plan and one of those is gonna be 13 rn - T SUBJECT IC MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 before you that the University Park master plan is being pursued through the PCD zone. So, it is not a departure of really what is already in the zoning ordinance. Jonathan Isn't the PCD zone traditionally used for residential development projects? Drell It has been, but it wasn't designed for that. Jonathan Okay, you are saying that it would allow the mixture of high density residential with commercial? Drell Yes. Jonathan So, the mixed use areas that staff is recommending in their staff recommended alternative would presumably be zoned PCD as a result of the general plan land use? Drell One of them is already zoned PCD and the mixed use concept... Remember the Wonder Palms development agreement and master plan? Those planning areas in Wonder Palms already incorporate in their planning area descriptions mixed use. The only one that's different, the one that's the more southerly one off of Cook Street since...and that area is proposed to be included within the Wonder Palms Plan. Remember, because when the Wonder Palms approved, that was part of a golf course at the time and actually there was a hotel planned at that site. So, but again, it's a discretionary approval ultimately based on the approval of a master plan. The next is the amendment of the Hillside Reserve. Originally it was designated as a maximum density of one unit per five acres. We are based on making it more consistent or consistent with our existing hillside ordinance and the proposed amended Hillside Ordinances we're providing a density of up to one dwelling per acre. Again, remember, we have...these ranges, this goes for all the ranges...through designations on the zoning map we determine and only we determine, obviously property owners can request but there is no requirement that we zone any property at the top of the range. The reason why the range exists it gives us the flexibility and the owners and developers to argue with us, but it is ultimately our decision of where the zoning map ends up or where our approvals end up granting within the range. 14 r . SUBJECT IC. MINUTES # .13 REVISION �` ' � PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Remember general plans are general. There is a lot of confusion between general plans and zoning ordinances and zoning maps. The specificity on these maps should not be looked at as a zoning map, nor should these land use descriptions be looked at with the specificity of a zoning map or a zoning ordinance. So, again, we are recommending that, and the determination as to where in the range and we have to have a rational reason for determining, we can't be arbitrary. In the Hillside area it acknowledges that there are constraints relative to topography and others which will determine where in the range a project might end up. Okay, somewhat departing from the script, go back to, I am going to go like we've done before, south to north relative to issues of some concern and controversy either based on staffs reexamination of the plan or public input and the first would be beginning in the south, the much discussed 12 acres. Campbell Phil, are we looking at our general plan deferred map here? Drell Yes. That is what I am looking at since that is the only, again, our GIS guy has been on vacation for the last two weeks so we haven't produced any new maps. Although here, this has already been modified from what you have in your original text as the representative of the property has pointed out. This is the 12 acres, right here, of land at the south edge of the city. That when the original lines for what was originally called the Hillside Overlay and then became the HPR zone was drawn, it was drawn based on a USGS map with 80-foot contours, which means that only changes in elevation of more than 80 foot showed up as a slope. For those who were around in 1982, when George Fox first came to the city and based on that original map had asked for a 700-room hotel on his property based on the fact that the map at that time showed his property as flat. We did a, as one of my first tasks when I came to the city I was given the case and I looked at the more detailed topo map and I said, hey and I walked out to the site, and I said that is not flat, that is a cliff, that is a canyon and instead of having 70 or 80 acres of flat area, there was 12 and based on that information we, through what was then called the West Hills Specific Plan, redesignated the toe of slope based on the more accurate information we then had. This area originally, again, was drawn in the same way and a line was drawn separating only about an acre or an acre and a half on the 15 SUBJECT TE_ MINUTES REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 east side of it as hillside and the applicant is absolutely correct, in the general plan discussion, we didn't focus on every single parcel. We for whatever reason we didn't focus on this parcel at all. It wasn't until the applicant submitted plans to the City, showed us a topo map, we suddenly said, hey, you are right. This is hillside. We went back and dug through the old file, the original file on what was then called Altamira which later became the Canyons where analysis was done on this property and the conclusion was, yes, this is hillside similar in topography to the adjacent land in the Canyons which was designated Hillside and subject to our Hillside Ordinance. One of the reasons, one of the obligations or the methodologies of the land use designations is you designate similarly situated properties with similar characteristics and topography the same. And based on the information both provided by the applicant and the old property owner in the form of a topographic map and the old analysis we had, our inescapable conclusion was this was similar in characteristic to other properties in the city that we designated as Hillside Reserve. It wasn't a matter of spite, or anything else, it just, it was a matter of fairness. It's not necessarily to make anyone unhappy or happy or whatever, it meets the physical characteristics as defined by the land use designation. The property owner has I guess suggested that we defer action on this designation until his, until their project winds its way through the system. That is how it gets up for you to determine another opportunity. I guess we can give it a study designation, but in reality, based upon the physical characters of the property, it definitely meets the Hillside Reserve definition. So I guess that is issue number one. What is your pleasure and I guess maybe it would be the opportunity for each one of these to allow the affected public to give their last pitch, if you want, and then give us direction on how to amend the map or not amend the map for your December meeting. So, I'll... Campbell Is there anyone in the audience wanting to speak regarding this section we were speaking? Perry Good morning. My name is Patrick Perry. I have spoken to you before regarding this particular piece of property. I represent the property owner which is Cornish & Bighorn, LLC. I have my blue card here and I will hand it in as soon as I finish speaking. 16 SUBJECT TC o REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Campbell Can you give us the address, please, too? Perry My address is 515 South Figueroa Street in Los Angeles. I have spoken I guess a couple of times regarding this particular piece of property. Again, this was designated or redesignated I suppose as Hillside Reserve after the original preferred alternative was prepared and was included in the draft general plan by GPAC which, it is my understanding, spent approximately two years preparing the preferred alternative and the general plan, did not focus on this particular property, left the designation pretty much the same as what it had been pursuant to the previous zoning, which was a portion of the property as Mr. Drell pointed out, was designated Hillside Planned Residential and the remainder, actually the bulk of the property having been designated low density residential which permitted up to five residential units per acre. The civil engineer has done a calculation determining that based on the current zoning up to 57 units per acre would be permitted on the property. A tract map application for four residential lots with a total of 57 residential units was submitted to the City in early August and it was only after that point as Mr. Drell again pointed out that staff looked at the property again and determined that oh this is Hillside and so now we need to redesignate it. Again, this is not something that was included in the original general plan, draft general plan. It was not something that was included in the draft environmental impact report as part of the preferred alternative, has not been studied. I think that to adopt the staff recommendation as opposed to what has been provided in the draft general plan as well as in the draft EIR would require some form of recirculation, public review and comment, not only with respect to this property, but with respect to other properties that have been, well, changes have been made in the staff recommendation that are not reflected in the preferred alternative or even in either of the other alternatives, the more intense or the less intense alternatives or in the EIR. I have been to the property and I agree that there are hillsides on the property. The property in many areas is steeply sloping. However, it is not fundamentally different in character from the adjacent properties either on the same side of Dead Indian Creek or on the opposite side of Dead Indian 17 rbN I. SUBJECT IT MINUTES "' REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Creek which would appear to require that it somehow be designated differently than those adjacent properties. The only difference between this particular property and those adjacent properties is that this property is undeveloped at this point and those properties are undergoing development as part of the Canyons at Bighorn. The properties immediately adjacent to the north are being developed under the low density residential designation which is what the designation for this property is, at least for the bulk of it. We understand that the definition of the low density residential and the general plan is being revised from 3-5 residential units per acre to 0-4 residential units per acre. We understand that as a result the current map if the general plan is adopted as proposed in the preferred alternative, the number of units that will have to be reduced and we don't know what the calculation will be but it will be somewhere around 45-47 units total for the property, and that is acceptable. What is not acceptable is the fact that this has been reduced so drastically. At least in the original Hillside definition which would permit a maximum of two units on the property which is one unit per 5 acres and I understand that is being, there is a recommendation that that definition be changed to allow a maximum of one unit per acre, but that still significantly lower than what is permitted under the current designation. If there are concerns about what the maximum number of units can be developed on this property, according to the characteristics of the property, the carrying capacity of the land, the impacts on biological resources or traffic impacts or any of the other environmental impacts that would be concerned, availability of infrastructure, access and so forth, those can be resolved through the tract map process. As I indicated there is an existing application which has been submitted. It was deemed incomplete. We are in the process of preparing additional materials, architectural plans to show that yes, indeed, 57 units can be developed on this property. A soils report is being prepared. We have CC&Rs that are being prepared and we need to do a new slope density study for that portion of the property that is currently designated Hillside. Those are in preparation, we expect to have those submitted to staff within the next couple of weeks and we would request the tract map process that is currently underway be the means according to which the maximum density that can be developed on this 18 FT SUBJECT Tf MINUTES I t REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 property will be determined rather than to have it arbitrarily determined in this fashion through a general plan designation. If you have any questions, I am available to answer them, but otherwise it is simply to repeat what I have alreadystated previouslyas well as what we PY P provided in written correspondence. Campbell Any questions? Jonathan You are circulating or processing an application that I think you mentioned that has 57 dwelling units? Perry Yes. Jonathan And this is on approximately 12 acres I believe? Perry Yes. Jonathan Two of which are Planned Hillside Residential? Perry It is about 1-1/2 acres, possibly 2 acres. I am not sure what the exact calculation of the square footage is. Jonathan I am trying to figure out how you got to 57, but I guess that maximizes the... Perry It maximizes the allowable units under the existing zoning and the civil engineer did the calculation. I can try to provide those figures for you, but I don't have them.... Jonathan No, I just wanted to make sure I understood. Thank you, though. And I guess this is maybe a question for staff, but the residential hillside reserve designation? Is Mr. Perry correct that would allow up to one unit per acre? Drell That is what we are proposing. Jonathan And that is I guess a departure from the proposed hillside amendment which allows one per 5 acres. Drell No, remember, it allows for slopes less than 10% it allows one unit per acre. So it is a generalized designation when property that, until you come in with 19 SUBJECT TC MINUTES "' g a" REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 a topographic analysis with less than five foot contours, you can't draw that line on the zoning map. So in the general plan we are saying in this general area we believe it to be hillside. Once the zoning process begins and we get the detailed analysis, then we can refine it and figure out where in the range it should go. Jonathan So if a property is designated Hillside, then under the land use designation potentially it can be awarded one unit per acre, but under the proposed hillside ordinance revision, if it was above 10%, it may not qualify. Drell Correct. Jonathan Okay, thank you. Campbell Any other questions of Mr. Perry? No? Finerty I just have a question of staff. I sat on GPAC and regardless of whether GPAC made a recommendation to change or not change, is clearly not the gospel because it has to come to planning commission. We may allow a change or not, but then we are not the final word either. Ultimately it goes to the city council. So, I view this as an opportunity to right a wrong and I just want your confirmation that this was not something that was overlooked, this was something that through the process of reviewing the general plan has come to our attention which we are taking our time to determine what would be the best for the city and its hillsides, correct? Drell Correct. Also, I would like to comment and John can maybe add about the general threshold in CEQA for recirculation or reanalysis and the important word that always comes up in CEQA is the word significant. That in the context of the whole city general plan including, I don't know, maybe 20,000 units, the difference between one in 57 is not significant, especially when what we are proposing is a less intense, a less impacting by definition alteration. But in the level of analysis in whether it is a traffic or anything else is not designed to pick up the difference in the general plan analysis as opposed to the project specific analysis which we are also doing for this project, it is not designed to discern as significant a difference between even again one in 57. That is just not, you are looking at traffic volumes on these streets of 20-30,000, so and I would say in general, the reason why you have alternatives is you are analyzing a broad range and as we have shown in the suggestions and all the various permutations to the alternatives as embodied 20 SUBJECT TC MINUTES R€1/1SI0'Pd PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 by the staff recommended alternative, fall within that range. And that is why we do alternatives and if what comes out of this process is within the general range of the alternatives in the study, then typically that does not trigger need for recirculation. Jonathan To play devil's advocate for a moment with regards to materiality. If one unit compared to 20,000 is immaterial, so are 57, correct? Drell Correct. Jonathan What is the average slope for those 12 acres? I guess for the 9 acres that are not Drell It's based on, we have not done the slope analysis ourselves, based upon the study we said, it might be 15, 10 and 20. In which case the property might be limited to two units. Again, in George Fox's example, looking through the minutes of a previous discussion before I got here, again, they were talking about the potential of having hundreds of units on his property based upon this misconception of where the toe of slope was and at the time the hillside ordinance was even more restrictive, it had one unit per 20 acres for the very steep slopes and he was going from hundreds of units to two or three. We ended up amending our Hillside Ordinance to make it a little bit less Draconian, but ultimately it is the obligation of both land use designations and zoning designations to treat similar properties the same. Regardless of how long or as, to agree with Commissioner Finerty, the fact that we had inaccurate information in the past that led us to draw a wrong line on a map doesn't change our obligation to eventually get it right. Tschopp Did the errors have any impact on the surrounding neighbors of this piece of property? Did it allow them higher densities? Drell No, the similar property at the Canyons is designated and was regulated under our Hillside Ordinance that north beyond the channel the slopes are under 10%. Basically our determination on...for Bighorn was based on these same definitions. Tschopp I think you answered my question, I just want to clarify it. The same code that is being proposed here was applied to the neighboring properties? 21 SUBJECT It REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Drell Correct, the same designation. We are designating them the same and they were regulated by the Hillside Ordinance. Tschopp I understand the importance of this piece of property, but I guess I go back to this is the general plan and it seems we are talking thousands and thousands of acres, we are talking 12 acres here. Drell Correct. Campbell Any more questions of staff or Mr. Perry? Perry May I respond to one thing that Mr. Drell stated? The adjacent property that is currently zoned Hillside Residential is based on slope density calculations which, if they were applied to this property, and there is an old report that was provided in one of the earlier staff reports from I think the meeting before last that showed there would be up to 15 units that would be permitted on this particular piece of property. Again, if the new Hillside Reserve designation is applied, we are looking at a maximum 12 units, actually 11 units because it is slightly under 12 acres. That's for slopes that are under 10%. If it is over 10%, then we are looking at something more like probably in a range of five and 10 units, so the new designation will not permit the same number of units as what are currently permitted or have been permitted under the existing Hillside designation for the adjacent Canyon's properties. So, this would be more restrictive than what has been permitted on the adjacent properties that are already designated Hillside, significantly less than the adjacent properties that are designated low density residential. Campbell Thank you Mr. Perry. Tschopp Mr. Drell can you comment on that? It goes to the heart of my question I guess. Drell The difference he is talking about revolves around the direction that this body is taking and the council has not yet acted on relative to the new ordinance in which all the, right now the current ordinance has a five or six-category table that allows densities down probably to actually more than one unit per acre. 22 F`., SUBJECT it REVISION �` ' PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 The one unit per acre suggestion in this designation was based on the fact that all the alternatives that we looked at in the ordinance, none of them had densities greater than one unit per acre. So, it was, so I guess to a certain degree and general plans should lead in essence the process and if the commission or the council feels that the higher densities that are currently allowed in the Hillside Ordinance and the current specific plans should be retained that allow, I think it goes down to one unit per .66 acres I think, then that number could be substituted for the one unit per acre. It is just that it takes time to, the consensus of discussion in the recent past, the one unit per acre was as high as it seemed people were willing to go and there was some discussion even not to have that, so that is where the range comes in. So, that's why general plans still, we're providing the range which allows the flexibility of the City to then finish up the general plan, the Hillside Ordinance discussion subsequent to this, but again you guys can and the council can ultimately set this at the top end of the range at anywhere you want based upon taking a suggestion from the property owners or other property owners. Finerty So, Chairperson Campbell, would this then be the appropriate time to have commission discussion with regard to this particular piece of property? Campbell Yes, we can if there is no one else in the audience who wants to speak in regards to it. Okay? Discussion? Finerty Okay. I believe it was this summer, we had discussed the Hillside zoning in depth and we had alternative A and alternative B. And at that time I was adamant in favor of alternative B which allowed the one unit per 5 acres so this has clearly been a concept that has been out there for quite some time. I really have a problem with this property owner maximizing the calculation to allow 57 units which is clearly not my idea of protecting the hillside; rather I believe it is abusing the hillside. Mr. Drell had alluded to that none of the any other properties had densities greater than one unit per acre. So, it is my belief that the commission ought to head off somewhere between the two and 12 units to be allowed and that the 48-57 if we go with the low density residential proposed of 0-4 units per acre that would allow the 48-57 that it currently is, that is totally off base with regard to what we need to do to protect our hillsides. 23 „, ., . ; „, FT SUBJECT TC. MINUTES v i ri I” R`VISI0N PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Jonathan I guess I overall do concur with the philosophy, but I did walk the property. I think that 57 units would probably be an abuse of the hillside. However, in my mind we are not reviewing an application at this point. We are looking at a land use designation and I think, I am struggling, I have a problem with the property owner having rights accorded under a designation of 3-5 dwelling units per acre and a governmental entity coming along and saying, 20 years or more you've have had the right to expect 57 units, we are now coming along and saying you have the right to expect two or five or seven or 10. I have a fundamental philosophical problem with that. I guess where I come down is to leave the land use designation as it is, but I will be very critical of the actual application in terms of reviewing the impact on the hillside and what is appropriate. In other words, the current designation doesn't prohibit us from making a determination that less units would be appropriate for that particular site, certainly less than 57, whereas changing the land use designation would prohibit us from allowing more than whatever the calculation might yield, 1 whether that is two or 10 or whatever. So while I'm very much in agreement with the philosophy of protecting the hillside, I have a real problem in taking away the owner's rights and I would rather review the specific application and deal with the specific issues at that time. Lopez I would concur philosophically. I think that the land use 57 units or at least maximizing it to 57 units would be taking advantage of the current land use, so I would concur, I think that is by far the high end. I have seen the property and I would think that would be an abuse of our hillsides. And I would tend to agree that I would rather leave the land use designation as it is, but I would like to put a little more importance on this specific area and perhaps I think early on in the conversations we had several meetings ago, and perhaps being a little more consistent with some of the other areas within the city, that we designate this as perhaps a hillside study area. This would give us the opportunity to zero in on this specific plot of land as we have done on some other areas within the city. Again, designating that as an area of high importance, high visibility, that we need to be careful as to what is developed in that area and what the intensity of that area is and let the specific applications speak for itself and the slopes and designations dignify what we have put in that particular area. But it should be taken at a higher visibility than just another application. 24 • SUBJECT IC MINUTES =: y b' REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Tschopp Well, the easy part is agreeing philosophically that we want to protect our hillsides. That goes without saying. But I do agree with Commissioner Lopez that this is a high visible piece of property and still in the context of the general plan and not specific land planning issues, I would like to see this area also put aside as a study area so that we can look at a specific plan down the road that is compatible with that area, and also with the surrounding neighbors. I think if you look at the neighbors of this property, you will see it's one of the best done properties done in the desert. So without seeing a specific plan it is very hard for me to come to any kind of resolution what we should designate this property. So, I would like to see us designate this as a study area and look at specific plans as brought forward. Jonathan Does study area mean that we don't change the land use designation at this time, but reserve the right to do so at a later time? I can support that approach. Campbell I, too, agree. Drell It acknowledges that there is uncertainty as to the appropriate designation. We always can change the land use, we can change this the month after we adopt it, but acknowledge specifically that this area, the designation is uncertain, it's on the edge of at least and probably we could even identify in the text on each one of these study areas what the discussion involves. In this case it involves whether or not it should be regulated as hillside. But it leaves the determination open to the future. Tschopp I think I would say that the goal is to have the property designated as residential hillside reserve, however, we would reserve that until we have specific plans on the property. Campbell I, too, agree with my other three fellow commissioners in regards to this property and it was not specifically discussed in our general plan for the last couple of years and I do agree also that 57 units on 12 acres is quite a bit in an area where it is an entrance to the city, but I am open to go ahead and have such study session in regard to this and Bighorn and the Canyons at Bighorn, I agree that is the best project and you go in there and you hardly at the Canyon's see that there are any homes there that are really visible. 25 ,7 T SUBJECT Tt MINUTES �, R.VISIOt PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 They are all pretty well camouflaged and we will go ahead and make a motion on this, today, now? Drell Right, just a minute motion directing us to do something. Finerty I just want to state that I understand the commission's desire to make it a study zone; however, I believe we are just delaying the inevitable. And at some point we've got to paint or get off the ladder as to which way we are headed. So, I am going to be voting in opposition to this for that reason. Campbell We need a motion. Jonathan I will make the motion, but I guess I share that concern and I guess I am thinking that the appropriate time to delay the inevitable to is when we see an application and can deal with the decision on the basis of realistic expectations. So, I guess the motion would be to make this area a study area, I think we are talking about what is generally referred to as the Cornische at Bighorn subject property. A study area for determination as to potential change of land use designation at a later time. Lopez Then I would second that. Campbell All in favor? Criste Madame Chair, before we take a vote can I just ask for a clarification? There are two issues I think in front of us. One is the hillside residential designation and the proposed modification to the language. And then...there are three issues. The application of that designation to this site, but as I understand it, the action you are talking about now is recognition that given the uncertainties regarding the site, the appropriateness of allowing the applicant to demonstrate carrying capacity, if you will, that you are thereby designating a special study area, essentially granting it some recognition that the designation is open to further consideration essentially. Is that correct? 26 SUBJECT TC tg.MINUTES REVISION L., � � � � PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Campbell Okay? We have a motion and a second. All in favor? Jonathan, Lopez, Tschopp, and Campbell: Aye Campbell All opposed? Finerty Opposed Campbell Motion carries 4-1. Tschopp If I could just comment, I think Mr. Perry has heard the commission's comments and hopefully would take those into consideration as he moves through the application process. Jonathan Agreed. Drell Apologies,we kind of skipped ahead on some of the issues in terms of taking an action. Relative to the definitions we discussed, the three being the mixed use, the addition of hotels to the commercial zones, the rewording of the density in the hillside reserve. Do you want to discuss those, act on them individually or all at once, or? Jonathan I think it would be appropriate to do these item by item. Finerty I agree. Drell Want to start with the hotels, an addition to hotels in the commercial zones? Jonathan I have no problem with that. Finerty I would move that for approval. Jonathan Second. Campbell All in favor? Everyone Aye Campbell All opposed? None, motion carries. 27 n 7 SU6f4TCE t MINUTESR' V PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 1 Drell I have the addition of the possibility of mixed use in commercial zones? Jonathan (inaudible) Campbell Well, the public hearing is open. Yes? MacLeod My name is Myron MacLeod, I live at 4035 Avenida Brisa, Rancho Santa Fe. I am perceiving a stigma attached to high density residential to be included in the commercial area and I have been thinking this over in the audience and I would urge the commission to think in terms of that as being an opportunity for something other than commercial. If you were a resident living next door and you are not talking about taking a piece of residential land and now upgrading it or downgrading it to high density, you are talking about something that is already designated commercial. So if I am living next door, if you don't allow this mixed use, and you are pretty much rolling the dice that I am going to have some kind of commercial project next door, if you allow the mixed use, then if it is economically feasible, then perhaps there might be a high density buffer between my residence and the commercial. So I see that as being a designation that is a substantial difference. It is not taking residential and saying okay we may allow high density, it is saying that we have already designated this as commercial and this is just one use the developer could submit for an application and if the city doesn't like the specific plans or doesn't think it mixes in the neighborhood, I believe they still have the opportunity to reject it, but at least allows that as a possibility. Because I see that apartment houses done properly could be a good buffer between low residential and commercial or office buildings or can be a good buffer between a school and commercial property. So, I just wanted to include those thoughts. Thank you. Campbell Anyone else in regards to this? Any comments? Commission? Finerty I would be opposed to the mixed use commercial for the reasons stated earlier. Jonathan Let me ask you all something. I do see the wisdom that staff expressed and that Mr. McCloud expressed of having high density residential adjacent and 28 riNN. - , , . SUBJECT It MINUTES Lwg - REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 accessible to commercial, maybe retail and so forth. I see the wisdom of that. I guess what I am thinking is can't we already have that? And that is why I asked about the interplay of the zoning. Can't we already implement that goal through the present zoning standards? Drell Now remember, the general plan is the broadest policy designation. Jonathan I understand. I am trying to engage the discussion amongst the commissioners. But I may ask you a few questions as we come up to it and I hear what you are saying. But I guess what I am wanting to engage the conversation about is if this is necessary or do we already have that ability to accomplish what I think is a worthy goal? Finerty Is what I am hearing you say that the developer would have an opportunity through the change of zone to bring to us for consideration a high density residential project in a specific area with the specific plan and then we would have the opportunity to vote yea or nay anyway without utilizing the mixed use commercial? Jonathan Exactly. Lopez Would that process then be through a conditional use permit or would that just be ... Finerty We would just vote to change the zone and we have done that several times, most recently, we just changed to office professional out in the north end and we do that regularly. It has been a process that's been in place for as long as Sabby has been on the commission, I think. Maybe even longer than that. Jonathan It doesn't get any longer than that. I mean, for example, if a developer came to us with a 20-acre project, couldn't like three acres be high density residential and five acres be office professional, and ten acres be service industrial and we have done that before. Campbell I would be comfortable with that because I don't like that staff recommended alternative that we have here for the general plan that it shows the mixed use on the corner of Cook and Frank Sinatra, that large area. I don't think that is an area to go ahead and have mixed use right there again at the entrance of our city. So, I would be in agreement with that too when it comes in front 29 r4 . f, °. rT SUBJECT TC , . MINUTES `'t &``', REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 of us that we can go ahead and have an opportunity to go ahead and change the zone. Drell Okay, there's two things. Right now each of the specific commercial designations does contain the possibility for mixed use. What we are voting on is a specific mixed use zone, so you are correct that the current commercial designations do not preclude the submission of a mixed use proposal and so, is it absolutely necessary to have mixed use to have a specific designation? You are correct, we don't have to have one. Finerty Thank you. Jonathan But what you are saying, Mr. Drell, is that staffs recommendation is that we specifically target within the general plan that area west of Cook Street and north of Gerald Ford as specifically being appropriate for mixed use development. Drell And my specific objective in showing those areas was to generate as much housing in close proximity to the commercial and university as we could. It is not necessary to designate those that way and keeping, not having the specific mixed use designation doesn't preclude, correctly as you said, projects from coming to us since the definitions of each of the specific commercial categories holds open the door for that if someone wants to make that application. Jonathan And I guess I want to underscore that very point is that while we may end up not adding mixed use commercial designation, I think that the goal has a lot of merit of when we create high density residential to do it within close proximity to commercial and retail and so forth, I think makes a lot of sense for many reasons from a long term planning standpoint so I embrace the goal, but I am not sure adding the mixed use commercial designation is necessary towards that goal. Campbell Okay, any other comments? Tschopp Well, I guess, seems like we are spending exorbitant time on definitions, I think the general plan is the goal. It is a long term planning process and I guess I see it a little different in that if we designate certain areas as potentially mixed use commercial, we are saying that we believe it has the potential to meet a more specific need and yet does not preclude us from 30 r'T SUBJECT TC MINUTEStjtNia 4x R'�VISIUPd PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18. 2003 stating that the specific plan in front of us doesn't work. So I think in a lot of ways what we are trying to do here is define better for the city and for the applicants what we are looking at as our long term goal of the general plan. So I think the more specific you get in certain areas, the better you are doing a job of planning for the future. Jonathan Would you follow that with designating specific areas perhaps as the staff recommended alternative indicates for that or are you saying...? Tschopp At this time we are talking about the use of the mixed use commercial designation. Jonathan But if we are not going to designate specific areas with the designation, then it's unnecessary. Tschopp I think if we designate those areas as this designation, that it doesn't preclude us from denying the applicant any more than it allows us now to do it. So I guess I am saying is what we are telling the applicant is we will look to this area as this mixed use, but you still need to demonstrate that it will work and that is feasible and viable. Jonathan I guess that part of the reason that I am asking the question is while your point about the mixed use commercial designation appeals to me, I am not sure that I am prepared to designate specific areas, particularly those recommended in the staff recommended alternative as those designations. Tschopp So my point is, I'm only talking about the definitions and the land use designations now. We have not gotten to specific areas yet. Lopez I think that is where I also stand. I am looking more at the language of the mixed use document that we received as the text in bold dated 10/17 and I like the flexibility of that particular category regardless of where it would appear in any current maps that we have before us, it does as we build out the remainder or sphere, it does give us some flexibility as to at least a designation of certain areas where this might be very beneficial. Now it could be accomplished with what we currently have, but I kind of like having that flexibility in that particular (inaudible). Jonathan I was just going to say, if in that light if we are just kind of embracing the concept and the goal and allowing the land use designation that specifies 31 SUBJECT It :� MINUTES g m REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 that without going the next step and specifying the areas as to the application of that land use designation, I wouldn't have a problem. Tschopp Do you need a resolution? Drell All we are getting is minute motions for what we come back with on this and giving us direction on how to prepare that final document. So this will be a minute motion. Lopez I would, oh... (inaudible) Campbell I already spoke. Lopez I would move for a minute motion and designate commercial mixed use as part of our... Drell Catalog. Lopez Catalog of land use elements. Tschopp Second. Campbell Okay. All in favor, Aye. Jonathan, Lopez, Tschopp and Campbell: Aye. Campbell Opposed? Finerty Opposed. Campbell We did not designate any specific areas. Drell No, we haven't gotten to a map yet. We aren't talking about a map yet. Lastly is the change in the Hillside Reserve definition from 1 unit per 5 acres to .2 per acre which is 1 unit per 5 acres to 1 unit per acre. Jonathan I would support that. Lopez I would, too. 32 ,,, MINUTES ' REVISION SUBJECT TE PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Lopez I would move my minute motion to approve that particular definition. Jonathan Second. Finerty And that is to allow the range? Drell To allow the range. Correct. Campbell All in favor. Jonathan, Lopez, Tschopp, Campbell answered aye. Campbell All opposed? Finerty Opposed. Campbell Motion carries. Drell Next, moving north. The discussion relative to the Allesandro Alley. (Let me get to that machine.) Do you have to see the exhibits again or...? Finerty I think we have been there, done that. Drell Okay, basically the options before you are the two, this is the Alesandro Alley. (We trying to do to that one.) Jonathan We've got them, unless you want to put them up for the audience? Drell I guess technically there's three alternatives at least before you. One being which is what the current policy within the Palma Village Plan is which is to ultimately eliminate all these residential lots and turn them into a parking area with a wall similar to what you see behind Walgreens. The original GPAC...which was a double row of parking with one-way aisles on either side requiring about 46 feet of additional widening of the alley and then the, producing approximately 254 parking spaces, and then what staff is now recommending and I will explain why, of a single 24-foot alley with one row of perpendicular spaces generally 188 feet and about 26 feet of additional real estate expansion. Secondarily to that would be also the .... 33 SUBJECT 1 t REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Jonathan How many parking spaces? Drell 188 and 26 feet of widening. Jonathan And the other one was how many feet of (inaudible)? Drell 45 feet and generating approximately 254 spaces. There was also secondary discussion, I am not sure we acted on it or not, which would actually increase parking to a certain degree on this plan of the closure of San Marcos and principally driven by, in essence, I have authorship of all three of these plans. I was the one who came up with the original plan to wipe out the whole residential lot and put in a big parking lot and I, along with Phil Joy, came up with a plan with the double center aisle and it came down to I guess politics is the art of the possible. And I think there in terms of bang for the buck the perpendicular space plan is, therefore, much...does the least violence to the residential lots, is easiest to implement, and as Commissioner Jonathan had pointed out, could even be implemented to a certain degree incrementally over time while the center aisle program would have to be implemented in one. So it has far more possibility of being implemented at less expense, therefore, it is far more likely to happen and the other issue was whatever we decide it is something that we want to happen relatively soon and given all those considerations we feel that the 26-foot, 188 space plan is most appropriate. Campbell I do have some blue cards and I know these two ladies have been waiting for this. Donna Matson? Matson My name is Donna Matson and I own the property at 73341 San Benito Circle. It is has been in my family for over 30 years. Good morning Madame Chair and members of the commission. We are following this very very closely and we certainly hope that you will give serious consideration to taking only the 26 feet which would leave us a quality of life which we would not have with the 35 feet, bringing for quite a few of the property owners, taking 35 feet would bring the wall and the parking right up against our house or take off the back wall of our house and with several restaurants in the area, having cars parking there all through the night. And there was honking last night about 11 o'clock, 12 o'clock and 12:30. The slamming of doors, the alarms clicking on and off, talking, and the exhaust fumes from the automobiles would not be a quality of life that many 34 w SUBJECT TC REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 of us would like to deal with. With the 24 feet, 25 feet, recommended by the staff, we could certainly have the wall and some vegetation, landscape it, buffer and have a better quality of life and as part of that, that you would take only parts of the property at once and not just in a big sweep which would help you to plan to see in the 20 years, where you are going. For 20 years we have sort of sat here knowing that the bulldozers can come any day and bulldoze our property. So, not only did it make it impossible to sell it, we didn't want to improve it too much and we kept delaying on putting on new roofs and doing new plumbing, but once you have made this decision, it does help us plan what our quality of life will be in that and we would very much appreciate your considering our position. Thank you so much. Campbell Thank you. Okay, Lucia Rodriguez? Jonathan Just clarification while she is coming up. Is the double row 35 or 45? Campbell 45. Jonathan It's 45. Okay, thank you. Rodriguez I am Mrs. Rodriguiez. Good morning. I am Mrs. Rodriguez and I reside at 73780 San Benito Circle, 73361. And I would be willing for the 26 instead of the 45 I think it was, cause that would really really take most of our backyard, you know, and I plan to stay there awhile. My daughter and I, I think that is kind of our home for a long time. So, if the parking lot does go there, does that automatically put that into commercial property in the back? I just wanted to ask that question. Drell It will be acquired bythepublic and it will be fora parkinglot. 4 Rodriguez Will that be commercial then? Drell No. It is the, the limitation and the current limitation that is in the code is that the residential properties can onlybe used for parking. It's apublic purpose. P P P 9 P P It would be a public easement so whether it is commercial I am not...lf you are asking about how it would be valued? Is that your question? Rodriguez Hmmm mmm. 35 R prim SUBJECT TC R4V1SIUN MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Drell I can't tell you, I am not an appraiser. But again, the history of city acquisition for right-of-way has almost without exception left the property owners quite satisfied. We are very fair in determining what our citizens are compensated with. Rodriguez Thank you. Campbell Thank you. Anyone else? Drell I would like to make one little comment that, the who choose to people continue to reside in these homes cannot expect that this is a tranquil, quiet environment. There is going to be, again, living in a place like this, there are burdens and benefits and the burdens are not gonna disappear between 45 feet and 25 feet. The benefits are still there of convenient access and everything else, but it will interfere with the sort of folk that want to go to sleep at 9:00 at night, this is probably not be the best place to live. Campbell Anycomments from the commission? p Greenwood I would like to make a comment from the public works perspective. It has been mentioned several times the number of spaces and we need to be careful not to expect that exact number of spaces. The actual yield will probably be somewhat less, maybe 20% less than the ideal. What is presented here is kind of the ideal and there will undoubtedly be compromises that have to be made so, you should probably expect, if we are talking 188, we should probably expect 150 maybe. Drell That will also apply to the alternative as well. Greenwood Right. All the alternatives will be, we're talking about the ideal numbers and the actual will be somewhat less. Jonathan I do favor the single row alternative. I think it's a wonderful compromise and an effective solution to the horrible situation that exists along that alleyway. I would recommend though that incorporated into this recommendation to council would be that this be done in conjunction with the parking management plan of all the business owners that would maximize employee usage of the rear spaces and implement mitigation measures with regards to the resulting noise and light impact on the adjacent residential properties. 36 SUBJECT IC MINUTES REV1SI0N PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Additionally, that council consider the benefits of incremental implementation so that as one or two or three or whatever number of adjacent properties are resolved in terms of acquiring the required space, that the City move forward with adding the parking spaces without waiting for all of the properties to be acquired which could be another 10 or 20-year process. So I think incremental implementation of this alternative can make a lot of sense. I would further suggest that council adopt an actual timetable and communicate that to the residents so that we have on paper an expectation of how and when this will take place. I think we owe that to the residents and finally, that as the council considers the financial aspects of this process that they recognize the responsibility and the benefits that accrue to the adjacent, to the actual businesses and the property owners. Finerty I would concur and I appreciate the patience from Mrs. Matson and Mrs. Rodriguez. I know it has been a long time and we appreciate your participation in coming to let us know what it is that you would like to see here and hopefully soon you will have your answer. Lopez I would also concur with my fellow commissioners. I would also like if we would incorporate or consideration be made to closing San Marcos Avenue. I only look at that from the standpoint as once this alley is developed and the parking areas are developed, that is an access that I think the homeowners that are along San Clemente Circle, that is one way of getting out or another access and it is going to cause some traffic problems I think with on that street. I would rather see everything flow back on Highway 111 instead of going into a residential area as an access, but I would like consideration made of that, too. Finerty What is the Public Works Department opinion of that? Greenwood We are talking about the closure of San Marcos? (Inaudible) Greenwood Generally it is acceptable. You know it's an access to the residential neighborhood. Our one concern is that by closing off that one access to the neighborhood, traffic volumes will increase in other parts of the neighborhood because people will have to find another route out, so, but I think overall it is an acceptable option to take. 37 '.� SUBJECT Tr R VISION MINUTES y PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Campbell You think that San Marcos is really quite widely used right now or not? It's only probably used more so for the people that live on San Clemente Circle. Greenwood It does have a traffic volume I would estimate between 500 and 1,000 cars per day, so it is mostly local traffic although some people do use it as a cut through. If we were to build a parking lot directly adjacent to it, it would get used as a cut through more and the situation would get worse. (Inaudible) Campbell Didn't we actually at one meeting talk about having a gate there so a pedestrian can walk through it? Jonathan A pedestrian access. Campbell Mmhm. Greenwood Bicycle-golf cart access is what we would do. Jonathan I apologize, I meant to add that to my list of (inaudible), I would concur with closing off San Marcos, but creating pedestrian bicycle access. Criste Because we have not conferred with the Fire Marshal and if you look at the configuration, that may merit keeping the street, making it an emergency gated access so fire and police could get in, having pedestrian access as well, but not vacating the street. Campbell But then if we do that, we wouldn't be able to go ahead and put any parking spaces right there if we have the gate. Drell Needless to say we would have to do it in consultation with the Fire Marshal, although we would be creating a situation which is identical to the other Circles and each of the Circles already has two accesses, so for a street like that to, considering all the cul de sacs we have in town, here having a street with two accesses I don't think will need three. Lopez The only other consideration I would like to be included on this is that once developed, and I think this has been already touched on briefly, lighting, the proper lighting for safety as much as it is would not, to not be an intrusion into the residential areas and to put some of the burden onto the commercial 38 SUBJECT IC MINUTES REIVISI(Ni PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 locations along Highway 111 that the areas that are behind those buildings needs to be maintained if this is going to be access, public access, especially for people that are there parking to go shopping where it might be, that all of those areas along the alleyway, I don't want to call it an alleyway any more because an alley has certain connotations, but I think whatever this area will be called in the future, that it be significantly improved as to the condition from what it is currently the state right now. Tschopp You know by location to me this is one of the most desirable areas of Palm Desert both for commercial building, commercial customers, for residents, and it is truly not being utilized and we are not realizing for the residents, for the businesses, and for the city, the monetary and return that we should be able to get from this property. So I wholeheartedly agree that this area needs to be, this plan needs to be implemented both so that the residences, businessmen can plan for the future, and I would strongly suggest that the City get pro active in implementing whatever action is taken. Having said that you would almost like to take this further into a grand plan where you actually buffer the residences, you move the street further to the south, put the parking close to the buildings, but because that is not feasible in the near future, I think this is a nice alternative that would likely to be implemented. And so I agree with the recommendations made by the other commissioners and then I would also say that we need to close San Marcos to keep people like me from using it. So, and also that would help keep the integrity of that residential neighborhood from being impacted by the commercial development. Campbell Well actually, myself, I would rather go ahead and see it the other way. Have a lot more parking and do it correctly; if we are going to do it, do it all at once and do it right. But we do have the two residents who are living there that would be happy with the less amount of parking and as long as like Mr. Lopez said, as far as we have the lighting, we do also have, we need landscaping there between the parking...stalls, let's say, and also the perpendicular parking, that is not really easy for people to get in and out of, so we have to go ahead and make sure the parking spaces are maybe made a little bit wider even though we do have compact cars right now, you have to go ahead and think of the people who are driving those cars. Another thing as Mr. Drell said, even though you will be taking less property away from these residences, we really don't want to go ahead and have them back year after year complaining about the noise, the honking, the whatever goes on. So, that is why I was thinking more land. They probably wouldn't be living 39 Awe SUBJECT It MINUTES . : I REVISIO`N PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 there if we took more land away and it would be less confusion in the long run. We've had that experience before, many years. Jonathan I will go ahead and make a motion that we recommend to council the adoption of the single row alternative in conjunction with the parking management plan which would incorporate mitigations regarding noise, light and also incorporate a maintenance agreement for that parking area for that property. That council consider the benefits of incremental implementation. That they adopt and communicate a timetable for the implementation, that in considering the funding mechanism they recognize the responsibility and the benefits accruing to the property owners, I am talking about the business property owners along Highway 111, and that the plan include the closure of San Marcos to vehicular traffic with provision for pedestrian and bicycle right- of-way. Finerty Second. Campbell All in favor Everyone Aye. Campbell All opposed? None? Motion carries. Drell Next item. Portola. Again, staff recommendation is based on a variety of considerations. We went through a similar experience with Fred Waring and in that case we only had about 45 feet left which the determination was it was not sufficiently useful for any other land use so we retained the ownershipof all the land, then landscaped it and maintain it. It is a very P expensive proposition for the City, but given the fact that we didn't feel the remaining property was useful for anything else, that is what we did. In this area, we will end up on the west side of Portola with significant real estate. From south of Portola we are looking at over 100 feet, I mean south of Fred Waring we are looking at over 100 feet left over. North it is somewhat more limited, it's 60-90 feet. My department is also in charge of planning for parks and we don't think this is a great location for parks and given our limited, and conceivably more limited budget based on what might happen in Sacramento, we don't want to be maintaining areas that we don't feel are all that useful, so as a result we are recommending that these properties be made available for office 40 ca SUBJECT TC MINUTES E.ti.� � � ��! REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 professional use. It allows the obligation of landscaping, creating attractive street scapes, puts it on the private property owner, provides opportunity and resource for small businesses to develop small offices. Also, where the buildings are built, our experience everywhere else where we've used offices as a buffer on major streets, it significantly lowers the noise impacts of the street, significantly improving the quality of life for the adjacent residences, their businesses, what activities they have and it is not particularly loud. Accountants typically don't make a lot of noise or architects during the day and there are mostly businesses that are empty in the evenings and weekends and so I think we've demonstrated that office is a good neighbor to residents and a beneficial neighbor relative to noise and impacts on the street and it provides the financial cost of creating an attractive streetscape on the private property owner and not on the City and allows the City to spend its money on other things. And, therefore, that is why we are recommending that these areas be designated for professional offices. Finerty And what did you say about north of Fred Waring about 60-90 feet? Drell It is a little more challenging, but 60 feet provides enough to develop both buildings. There you are going to have, where you have the 100 feet you can have buildings with parking in the rear; where you have the 60-90 feet, you are going to have parking lot, buildings, parking lot and buildings. Finerty You're recommending office professional on both sides? Drell On both sides. Campbell On the north side of Fred Waring, the 60 feet from Fred Waring to where? Rancho Road? Or Rutledge Way? Drell It goes up to where I guess the Vineyards begins, so it is probably like half way. Right here - these houses don't...they front on the interior street so it is really the last house impacted would be here. From here on these houses would lose a little bit of their backyard with the widening but again they are served by this interior street. Campbell Okay, so the walled areas, after the walled area right there after Rutledge, the walled area you are going to go ahead and start taking 60 feet off out of that? 41 SUBJECT It REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Drell No, we are not taking 60 feet, there is 60-90 feet remain. The widening is only taking 12-14 feet I believe. Again, it takes a lot more. It is very possible that the end of the day the lots that are adjacent to the free right might not be useable, but that would be a judgment we would have to make based on final design. Campbell So you are planning on eliminating all those homes right there. Is that correct? Drell Where you see with the right-of-way, the right-of-way line comes up virtually to the front wall of each of those homes in that area. I think the given is that when we have the ultimate desired section for Portola, those houses will be gone. We heard testimony from those property owners as far as they are concerned, it is an unacceptable situation today, prior to the widening, where we've just kind of jammed in the four lanes. But the section we are showing includes both the landscape median and bikeways which we feel are necessary. This is a residential area and we feel it should reflect residential design ethic which would be to include those two things and by virtue of its location next to the corridor between three schools that I feel the bike lanes are important, so that is what kind of drives the street section. Again, when the final design comes in and it turns out we take more but 60-90 feet is in our view is still potentially supports office development and ...(inaudible) hmm? (Inaudible) Oh no, 60-90 feet is what is left. If you look at the exhibit it shows...varies 63 to 91 feet. That is what is left, so... you are still looking confused. Campbell No, no. Drell And that it is not wide enough for a real park and too wide for a parkway and, therefore, and it has utility for private use. Campbell And just also we wanted to go ahead and make sure remember we had a gentleman speak that lives on close to the corner of Portola and Fred Waring that we do need and I travel that Portola all the time that we need two right lanes from Portola into Fred Waring. Finerty He said southbound. Yeah. It was Mr. Thompson. Campbell Yeah. 42 SUBJECT It MINUTES ciaRE-VISIOt PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Drell That is a design issue, I don't know if our Campbell Because it is not showing here on the map. Drell No, mainly because I don't think that is a design that our Public Works Department is particularly fond of, but the dual right-turn lanes. Greenwood Generally dual right turn lanes don't function that well. We have one at Fred Waring and Highway 111. Pretty inefficient, we get a lot of strange turning maneuvers. Free right turns work much better, have the same or greater capacity and actually take about the same footprint, maybe even a little smaller footprint, so we prefer a free right over a dual right. Campbell Yes, but right now, you know, people are just pulling up there and you can't make a right-hand turn because it is not moving right now. Greenwood Right, that's because the road needs to be widened. Campbell We'll try it. Jonathan Question for you Mr. Drell. This conversion of this portion of Portola to office professional. Does it lend itself to the Palma Village approach where adjacent residential lots can be used for parking with the office professional use? Drell As you know, I am not that enthusiastic about it as a solution to Palma Village any more either. Again, my, I can see the possibility of where the adjacent residential lots are sufficiently deep that we can borrow some real estate from the residential lot. Jonathan I have noted a few parcels like on a few locations like on De Anza, north of De Anza, El Cortez south and north of this street. Drell Yes. Again, where the, what I again probably knew then and kind of ignored when we came up with the original idea. Encroaching into the residential shouldn't go to the extent of eliminating half the street. That neighborhoods function a whole lot better when there are houses on both sides of the streets, not a wall and a parking lot on one side so where adjacent residential lots are deep enough that they can lend some property to the office to make the office site planning more efficient, then that could be appropriate. 43 SUBJECT It MINUTES t REV1S10f4 PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Campbell Mr. Drell I have a question in regard to the office professional that you are talking about north and south between DeAnza or Catalina and Santa Rosa Way that you want to go ahead and have put in office professional and taking access from Portola Avenue. Now will that be ingress and egress from Portola or are they going to go on the side streets to go ahead and go behind the office professional buildings and only egress on Portola or shall we have it like we have it on Fred Waring on some other buildings there that you cannot have access on Portola from the parking lot except from the street? Drell The goal would be to design the parking area so we have as few driveways as possible and always that any traffic entering Portola could be heading straight out, not backing out. There probably would be at the side streets also driveways to accomplish that goal of minimizing the access on Portola. We would especially try to use DeAnza where we could since DeAnza is going to be a signalized intersection. Also, DeAnza is of course is a collector, but .... Jonathan That is side street access not rear access to the residential neighborhood? Drell It would be on to Catalina which is a, as it hits Portola, it will be not unlike San Anselmo or probably ultimately San Pasqua) where we have, where the side street is used as a side access to the back end of a parking lot. Remember, again we are dealing with a street Portola which is going to have 30-40,000 cars on it. The impact of traffic from these offices, if you sat out in front of any of them on Fred Waring and counted cars, you would fall asleep very quickly. This is the idea that these projects are going to be belching out huge volumes of traffic that are going to be impacting anybody has not been manifested in any places where we have done this. The only problem we have had is with the Sunlight Medical Center which is a parking issue. It is not a traffic volume issue, hopefully we have addressed that. In the likelihood because of the shallowness of these lots they will be single-story because our office ordinance requires at least a 65-foot setback for a 2-story building and if you only have even a 100 feet and then a 15-foot setback in front, your 70 feet, you don't have much left for a building, so it is going to be likely and you can specify as a policy that this area will only be one story. Campbell So the one story would blend in with the homes, and so forth. Drell Right. 44 r -,.. SUBJECT TC i» I REV1SI0N MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Campbell Okay. Lopez Once completed, (inaudible) envision the speed limit to be on this particular area, Portola. Greenwood Speed limits are set based on state law so it is hard to predict. I believe the speed limit there is 40-45 now and would probably stay about the same. Lopez As far as the areas, and I have mentioned this before, I am very concerned about the high residential area, a lot of kids are on this road five days a week, going to and from school. Looking for more of what the vision is as far as their safety. The walkways and how much space there's going to be from the (inaudible) how much room will they have off this road for walkways. Drell So relative to the sidewalk design? Lopez Right. Greenwood I think our layout showed an eight-foot sidewalk on the west side which is why the existing sidewalk on the east side is 6 feet and it is curb adjacent. If we could work it out, I would love to be able to move that sidewalk on the east side back against the wall and put a small parkway there. I don't know if it will work out or not but get that pedestrian traffic away from the street a little bit and also then having the wider lanes will help also get traffic right off the curb. Drell If you remember, we were putting in the bike lane. Greenwood The bike lane... Drell We will have a bike lane adjacent to the curb so that, right, we will move the cars from 18 inches away from the sidewalk to 6 feet. Lopez Knowing that's a middle school and not a high school situation, there is going to be kids on bicycles and I know if I had someone who was nine years old, 10 years old, I wouldn't want them in a bicycle lane on Portola at 45 miles an hour. You know they'd better stay on the sidewalk. I have a difficult time riding my bike in some of the areas in town when traffic is zipping on by, but what I am more concerned about is what type of an environment sidewalk 45 SUBJECT TC. REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 wise, safety wise would be for the children in this area who are going to school. This is five out of seven days. The other two days... Greenwood We do allow generally as a habit we allow bicycles on sidewalks everywhere except El Paseo so the bikes will still be allowed on the sidewalk there, although there would be a striped bike lane. So you have the choice of using one or the other. Lopez Bike lane is good because it does get more space obviously. Greenwood Bike lane becomes a buffer. Finerty Mr. Greenwood, on the west side of Portola we are talking about over 100 feet left, the other side 60-90 feet left. This is predicated on widening Portola to four lanes with bike lanes. Correct? Greenwood Yes. Finerty What would be left if we were to widen Portola to six lanes with bike lanes? Greenwood About 15 feet or so less than what is shown. Finerty Okay, and we always do have the flexibility to increase the size or the width I should say of the sidewalk for safety purposes and then we would have the capability of allowing some sort of greenbelt type area as we have done on Fred Waring, a landscape buffer beyond that widened sidewalk. Correct? Greenwood Yes, it is possible. Although the Fred Waring greenbelt was something of a grand experiment and I don't think we want, I mean it is great for where it is at but we are not looking to do that anymore, it is a very expensive maintenance operation and so we are not proposing to do it although if the project worked out that way, I guess we would accept it. Campbell And regarding also to Mr. Lopez that was talking about the bike lanes and this was why I was bringing up office professional and taking access from Portola, that I think if we can go ahead and have less driveways even from office professional to Portola would be a lot better than even these kids riding their bicycles and watching for the cars coming out of the driveway like we have right now. 46 _ SUBJECT it MINUTES t Yl1 REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Drell And that would be the objective. Whether we could eliminate driveways altogether is probably unlikely, but the goal would be to eliminate most of them and to have as much shared. Again, this is a situation that children are faced within most cities. There are driveways all over. They are walking and they are supposed to watch, that is part of living in this dangerous world. Campbell I know, but if we are going to go ahead and build something, let's do it. Drell There is no question that in evaluating proposals we will do everything possible to minimize the number of driveways. There is no question about that. Lopez Theoretically you would have less driveways than you would with residential homes. Drell Oh, there is no question of that and hopefully, for example, north of Fred Waring, we would use, hopefully where there are now six or seven driveways we might end up with hopefully no more than two. That would be the goal and again utilizing, the trade off of utilizing side streets, there would be some interaction between, just like some residential streets, just like you have on they see on Monterey and Arboleta, or Acacia or Fred Waring, but it provides another opportunity to keep another driveway off of the main thoroughfare. Tschopp Question for you. What would you say the time frame for this being implemented and what would be the immediate and short term impact on the residents there? Drell To a certain extent, especially I would say for the folks north of Fred Waring which are far more severely impacted today, again just like we talked about with the Highway 111 issue, there is, we don't want to drag them out like we...we delayed Fred Waring almost 10 years until it finally happened in 10 years of complaining, screaming and deteriorating housing that occurred on Fred Waring. I think the goal here is again whatever we do we aggressively promote one or the other. Either the office solution because part of the solution is aesthetic. It is an aesthetic one as well as functional for the neighborhood. Or if we don't then we acquire the properties and do something with them so that they look, they are useful, look nicer. Whatever we do, we should do it soon. 47 . " ro. A SUBJECT TC o ii t G i k REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Greenwood These projects find themselves in competition for our resources with a lot of other important projects. The Portola interchange, Fred Waring widening, all the development in the north sphere, so basically the Public Works Department and some of the other departments lay out their 5-year plan for what they plan to work on each year. Well the next five years are fully spoken for. In fact they are probably spoken for 200% of our time capability and 100% of our dollar capability. Street projects are built with a variety of funds. Measure A is our favorite fund. It's got the fewest strings attached and it is a pretty plentiful fund. On the other hand our allocation of Measure A funding is spoken for for the next quite a few years so it would require readjusting of priorities and deciding what other important projects we are not going to do if we are going to say this Alessandro project or Portola project are the most important things, that is fine, but some other project falls down on the list and then as far as the acquisition of right-of-way, generally we work with the redevelopment agency for that aspect of it. So we also have to be on the redevelopment agency schedule as far as funding and time. So, neither of the projects we have spoken about today are going to happen immediately. A fast track would be 2-3 years. But a typical schedule would be 6 or7 years. So that is the kind of time frame we are talking about. Campbell Another question of Mr. Greenwood. As far as doing Portola 6 lanes is out of the question Is that what you are telling us so we don't even have to go ahead and Greenwood It is not out of the question. It does have impact so that it leaves us where I think what Phil is saying is that with a four lane with bike lanes, we have a remainder of property that is on the acceptable side of being able to develop as office professional. If we go to six lanes and lose that 15 feet or so in width, marginally acceptable properties probably become marginally unacceptable and probably wouldn't develop so that would leave us the wider parkway to deal with which can be done. From a staff perspective it is not the preferred alternative. Finerty Mr. Greenwood, if I remember at the last meeting, we had extensive discussion about Portola being widened from four to six lanes. I know we talked about the modeling and I thought what I heard you say is that right 48 SUBJECT It MINUTES t REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 now the modeling shows that we are between the necessity for four and six lanes. Greenwood Right. Finerty Okay. Jonathan What are the mechanics of implementation of this proposal? In other words would the city come in and do the widening of Portola? And then private owners might or might not come in and put an office building or do you see it happening as private owners purchase office buildings? Drell No. Two things could happen. Either in anticipation or once the policy is said and the understanding is that we are going to do this, we can have which is already started happening maybe prematurely or not on that corner. We have heard from Chris McFadden on Catalina where property owners, the office development can actually precede the widening and what we do is, that is actually the most economical activity for the city because if we condition the dedication as part of the project so we don't pay anything for the right-of-way. So the buildings are sited in anticipation of the widening and then when the widening comes, it happens. Jonathan Except that what happens is you have, like the McFadden property that facilitates the widening, but then you've got three properties that don't and one that doesn't and 10 that don't so it takes forever to enable the widening. Drell Initially you hope if we go with the office professional that a certain percentage of those will get redeveloped and will get right-of-way. Once the trigger is pulled on the project, then the redevelopment agency goes out and short of rounding up a bunch of other office people to buy the sites and dedicate them to us, we would buy the properties. For example, a good example is what we did at the corner of Portola and 111 on the southeast corner. We bought the whole site, we did all the improvements and then we sold all the remaining to a developer to develop as an art gallery. So that's...you know we...and we solicited proposals from various developers and in that case we even have more control over exactly what happens there because we are the underlying property owner initially. 49 NINO t REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Tschopp The current demand for office space is apparent given all the construction going on for building OP. That may not remain the case down the road. Do you see any of this land along Portola being suitable for high or medium density residential, apartments? Drell Not impossible. I could say conceivably some of the sites maybe south. Unfortunately, they have to be 2-story. Physically you are not going to get the high density on these small offices without two story. Obviously as you know, the resistance to high density in two story high density close proximity to the backs of single family backyards is a battle that even I don't wish to take on. Campbell Plus a lot of traffic. Drell I have a hard enough time getting these things approved out in the middle of nowhere. Finerty But isn't it kind of medium density residential out there now? I mean we wouldn't turn that area low, would we? Drell It is probably close. It is probably four units per acre. It is the high end of low, low end of medium. But...a great example, when we try to do a self help housing in this neighborhood over here, identical houses next door, this whole room was packed saying what a horrible thing we were doing. So again, I would not encourage or invite a property owner to try to do that here. Maybe if the City took the lead and did it, and in essence they would push me in front to take the bullet anyway. In these tight locations our experience has been that small offices prove to be the best solution. Finerty And how would that work if we had a proposal for medical use? Drell They just need more parking lots. They need a 15% larger parking lot. I would say in these tight situations they are probably not, again, a little dentist is fine, your urgent care clinic is the one that blows you out. Jonathan There is an alternative of medium density and you mentioned the Vineyards earlier. Those are garden homes that share a wall for example so you could end up with really two units on some of these lots. 50 SUBJECT IT ' - REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Drell Remember, those face inward. They don't access Portola at all. They are internal. Jonathan I guess, let me ask you though. I guess where I am going with it is that 63 feet of depth I mean like those lots on Fred Waring that we are seeing implementing the Palma Village Plan, those are I believe 100 foot depth and that's difficult to put in an office building and parking on one lot. Can 63 feet of depth really accommodate the set back requirements, the building and a parking lot, landscaping? Drell Remember the lots on some of the offices on Monterey south of Fred Waring are built. The depth was the width of the lot which was only 62 feet. So I agree that the lots that are closer to 63 feet and which are at the corner there between Fred Waring and Rancho, you are going to have a parking lot and a building and a parking lot and a building. Or again, the ones, it is very likely that the ones directly adjacent to the corner are going to have to become an extension of Fred Waring Park so you might only get...in that first block, it's tough. And that might be some place where we can't find an acceptable design for an office and we might have to, you know that is a case that probably we will have to evaluate. But north Rancho Road where it expands to the 91 feet is where it is a little more flexible. Finerty Can we have any public testimony on this? Campbell Are we finished with that? Okay? Anyone here wants to speak in regard to Portola? Okay, none, no comments. Finerty Last month we received a letter from Sue Fairfield and I a must say that she stated it probably better than I could, but she is opposed rezoning for OP because she feels that they already have a well established residential and school area and she points out the importance of having consistency in your neighborhood and she is wishing that her neighborhood remain consistent. She speaks of currently there being a mix of low and medium density residential with two schools and parks interspersed and she feels that it is a nice mix. I agree we should maintain the integrity of the neighborhood and she has said that she lives in a great little neighborhood in the Vineyards area and points out that having an office building built in your backyard is not ideal and ultimately their quality of life would be affected, and near and dear to my 51 $ r. SUBJECT IT MINUTES 'o REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 heart she states, please don't let the developers fill in every corner of our desert with commercial buildings, a sea of homes and other commercial centers. Leave us some beautiful open desert space. So, I see this as an opportunity to (a) widen it to six lanes and because the model shows we're between four and six lanes and I understand modeling is not an exact science, but I do know that six lanes is certainly enjoyable on Fred Waring and Washington. Therefore, we would be reducing the width as Mr. Greenwood stated, 15 feet and I think this would be, I am concerned that in our general plan we are not setting aside enough open space and I see this as an opportunity to set this area aside for open space. How exactly it would be built out with regard to it being wider than Fred Waring, I don't know. I understand staff talking about it's costly to be maintained. Well, yeah it is costly to be maintained, but it is also costly as far as our quality of life and filling up every space of land with a building and so I think that we need to have our priority in areas that are admittedly tight to go ahead and leave that for the open space. Campbell Well I agree with Commissioner Finerty too and here we are trying to go ahead and squeeze more lanes into Portola right now to go ahead and make it four lanes and I travel that every day and I still have a problem with just only one right turn on Portola and Fred Waring and I would like to go ahead and see it also. Once you are going to do it, do it right and it is going to go ahead and take a few years to do it, but do it correctly, otherwise we have been redoing the corner of Portola and Fred Waring on the west corner. We have spent quite a bit of money on redoing it and redoing it. Do it correctly and again leave the open space without cramming so many buildings in the smaller areas. Tschopp I kind of see it a little bit different. You could build six lanes but perhaps you will need eight someday especially when Portola goes out to the interstate. I think at some point in time you gotta say well there is a limit to the width of roads and major arteries to the city. There is a very unsafe condition there. It is going to get worse as Portola gets more traffic down the road so I think that this is an area that needs to be considered for the different designation on the west side of the road. If you look at Monterey, I think that that has been handled very well, providing a good buffer to the homes behind the commercial buildings and has worked very well in decreasing the number of driveways that empty out into a very busy street and I see Portola perhaps benefitting from the same thought. 52 agog SUBJECT It. MINUTES ,� w t v I REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 The concept of additional open space, we are not talking open space here. In my mind of the wide open western ranges of old we are talking just really a small strip of park, desert landscape type buffering that really is expensive to maintain over time and I don't think creates as much buffer to noise as commercial buildings or even apartments would. So I guess I see it a little bit different and I suggest that we accept staffs recommendation and move forward on that. Lopez This has probably been one of the more difficult ones for me because we used to live in the Vineyards and am very familiar with this and I am sure all of us have driven up and down that road. At first I was and I think I still am this way, I have been opposed, I have been in opposition to building more office space. I just don't know that we need more office space than we currently have. At least in this particular area. I think there is more need for, especially in the residential area like environment, that is conducive to pedestrian movement without the inclusion of additional traffic or office space so I guess I'm more along the lines would agree with some of my commissioners that there needs to be a compromise. I am not sure that six lanes is the right way to go. I think there could be a way with four lanes, a center median and an open space for in those particular areas work in this particular instance. I like what we've done with Fred Waring Drive with open space or at least on the sidewalk and the park areas. I just think that is just a neat feel to it and as we build out the Portola on and off ramp from 1-10 I think it will lend itself well to that particular increase in traffic so I would look to see, I am more along the lines of in opposition of office professional and more along the lines of utilizing this are area as open (inaudible) as much open as it is or the use of pedestrian and especially as it pertains to the residential (inaudible). Jonathan Well, I guess I mean, obviously I'd love to see open space on Portola. I would love to see it on every major arterial roadway. The City made a decision to invest its resources towards that objective with regard to Fred Waring. I am sure if it had unlimited resources it would do so on every major arterial roadway, but that's just not the reality. The reality is that if we used city resources towards creating open space and parks on Portola, in all likelihood those funds would come out of other projects such as active parks and it is just not an unlimited resource situation that we could say, hey a park would look nice there so let's just do it. I mean that is going to come from 53 re.wwfwww SUBJECT It: w w REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 some other project. And as much as I would like to see an open space area on either side of Portola, I don't think it's in the cards. Now, I think on the other hand, the changing of the land use designation to office professional does not preclude this council or any future council from grading open space there. If at some point the determination was made that that was an appropriate use of resources so be it. But given that Portola has turned into a very busy large major arterial roadway and will only increase in that regard, particularly if the plans proceed with regards to the freeway interchange, I think having residential directly up against a street like that is a problem. An effective solution to that problem is to enhance the residential neighborhoods by creating a buffer between the street and the residences and this is not a theory, this is reality. We've seen that solution work elsewhere. We have seen it work along Fred Waring, we have seen it work along Monterey. So what works well in those areas can and will work well along this part of Portola. In the overall scheme of things I don't think adding a land use designation of office professional creates a glut of office professional. The market will deal with that and if we take a step back and look at the bigger map, we are really dealing again with a very small part of the overall city. There is a problem there and I think the appropriate solution is what staff is recommending. I would add to that recommendation though of recommending to council that where appropriate that the Palma Village concept of creating further transition from street to building to parking lot to residential be implemented. I happen to believe that's a very effective solution. It was appropriate when thought up by our esteemed staff member and I think it has proven itself and is an appropriate solution today. So I would add to staffs recommendation by suggesting that council give consideration to implementing the Palma Village concept to portions of Portola where it is feasible and appropriate. Finerty Well, I will propose a minute motion that suggests widening Portola to the six lanes, utilizing open space in lieu of office professional. Campbell Would you consider what Commissioner Jonathan said regarding to leaving it up to council where feasible between DeAnza Way and Santa Rosa if there is more land available there after the six lanes and whatever if it is feasible 54 SUBJECT It MINUTES y REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 to have office professional at sometime in the future. As I can see it, there is no area north of Fred Waring and Rutledge for office professional. I don't see it there. Finerty I will go back to what we had in our previous discussion. There is always a mechanism to change the zone if it becomes the appropriate solution to later on down the road to change it to OP, that's always an option. Campbell Okay, I will second your motion. Jonathan Question? There may be a compromise because I think we agreed on the widening of Portola, the question is what do you do with the sides and maybe that new designation of mixed use commercial comes into play. Maybe what we recommend to council is that that portion, I don't think we want to call it a study area, but that it be utilized in a combination of maybe medium to high density residential and open space and office professional as deemed appropriate. Finerty Yeah, but this commercial mixed use unless I have overlooked it, I am not seeing anything that includes open space. Drell Open space is going to be included in any project. I would like to somewhat point out, maybe Mark can elaborate, that south of Fred Waring there becomes very very very important physical constraints to six lanes as we approach Highway 111 and what you don't want is suddenly to bottleneck six lanes midblock into four lanes as you approach Highway 111. So I... Lopez I am sensitive to that, too. Drell I think that if you look at north of Fred Waring and south of Fred Waring very differently in terms of the ultimate lane width. Cristel If you look at the model, the traffic model as Mark points out and everyone knows is a coarse model, but even now the model says that after 2020 north of Fred Waring we are going to have less than 25,000 vehicles a day. Now, if you build it and there is a reason for them to come, they are going to come that way. But if you look at it the model is based on attractions and productions. If you look at in the down stream, the Highway 111 even south of 111-Portola area and the area north of 111 along Portola, that's a built out area. It is built out. Excepting these lots we are talking about, there is no new 55 SUBJECT Tt MINUTES "I REVIS10N PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 production, no new attraction that is going to get generated except that maybe your restaurants are going to be waiting for two hours to get a table rather than just an hour to get a table. The other is that upstream north you have schools and you also have some other sensitive receptors, higher densityresidential, if you will, those sorts of p g things. It is not clear at least from my perspective that there is any meaningful driver in the long term to go to six lanes in this stretch of Portola probably up to Country Club. Now the other is that if you want, you may have to have your cake and eat it too so if you are going to have infrastructure why not have infrastructure that serves existing users like the residents and the kids. Get your plenty of traffic through your turning movements, etc., and you may still have land left over that isn't an economic burden to the city, but can be somehow gotten additional landscaping on the corner at where we already know we are going to be constrained at Fred Waring and at Portola as an example and you've got areas where through lot consolidation maybe two or 3 nice low profile office buildings ala Monterey, if you will, with limited parking and all the buffering and all the other things, we can't really resolve all those issues now, but you need to have a reasonable X strategy and I think looking at six lanes in this stretch of Portola is both unnecessary, expensive and actually would be counterproductive to a lot of the users in the immediate area. Lopez I really embrace that concept. I think that I would be concerned of going from a 4-lane road north of Country Club to all of a sudden going into four lanes and then all of a sudden a 6-lane area and then back into a four lane up to Highway 111. I could see a lot of potential problems in the area. I guess I would like to see a good obviously look at a well circulated four lane highway all the up from I-10 to Highway 111 and beyond and I guess I am being somewhat swayed from the standpoint of looking at alternatives to utilizing space along the Portola area and making sensible use of that space whether it be, again, there are some alternatives in this thing and I guess I am open to the compromise. You know mixed use is not a bad out I guess you might call it, but instead of just thinking about having office, office, office along that whole road right there, (inaudible). Where it makes sense to put an office in there, a low profile office, and where instead of trying to squeeze it into a under 60 foot or 59-foot area, then I would be concerned about that. Finerty But whether we have the designation or not, developers still have the opportunity to come to us in the wider area and suggest that particular area 56 AS earl= um It MINUTES REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 be rezoned to OP and they can show us their low profile building and perhaps enhanced landscape. We can still do that. Lopez Right. Drell The problem is getting general plan amendments, changes of zones is a risky endeavor. As Mr. Jonathan knows, getting projects designed and approved when you have the zoning and general plan is a risky endeavor. It is a discouragement and if it is the last big place left, that is where they will ask. But surely, and again we are going back to whether you want to, I think those folks north of Fred Waring need some definitive prognosis of what the future is going to be like. They're stuck. They can't sell their house as a residence. Their only chances to sell their house is either to sell it to someone who is interested in building an office or selling it to us for right-of- way. So one or the other, we probably need to be definitive because otherwise those will be the last spaces left after all the designated spaces are developed because the developers are going to go to the designated places first. Jonathan Well, if you look at Cook Street going south from Hovley to Fred Waring on the west side of the street you have the Berkey building which is office, there is retail, there is apartments, high density residential, and there is even open space with that golf course, so there we have an example where the development is driven by the market and all the uses are acceptable. They work and I think that widening Portola and then in my mind any of those uses would be appropriate. You know, if somebody wanted to do high density residential and we felt that the access and all those things that were designed were okay, fine. If somebody wanted to do a small single dentist type office professional building with adequate parking and everything else, fine. And if the City wanted to come along and create a small community park or some open space or whatever, fine. So I think maybe the solution is to pass this to council and say that part of Portola should be widened and the resulting development on either side should accommodate what the market drives and I guess designate it as mixed commercial. That might be a way to do it. Finerty If we could just get the motion dealt with one way or the other. (Inaudible) 57 SUBJECT it Lov t 1 e REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 I am looking for a compromise that would work. I suggested one. Maybe we can make that in the form of a motion to see how people feel about it. I would make that motion. Drell Make a little suggestion? I don't...the problem with mixed use is it allows 99 restaurants, allows all sorts of...if the choices are uses other than open space it would be multi family or residential and office. We've done that in the Palma Village Plan, we dual designated residential and office. Jonathan But what I am envisioning accommodating is office professional, multi family and open space. I guess the motion would specify those 3 uses as being appropriate after the widening of Portola. Campbell Isn't multi family two stories? Jonathan No, I wouldn't even go there. Campbell Okay. Finerty But it can be. Campbell It can be, right. Jonathan Under the zone it can be, and then of course we are free to approve or deny. Drell In that location, it couldn't be because it is adjacent to single story family behind it. Jonathan I am seeing more of a concept of duplexes, fourplexes, that kind of medium density use that Lopez Right Jonathan is kind of a bridge between apartments and 10,000 square foot lots. Drell If we can create a, I want to say lane, not alley, a lane, if it's rear loaded, if the garages are rear loaded, that they don't have driveways, then it could work. 59 SUBJECT T€' MINUTES - REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. NOVEMBER 18, 2003 Jonathan And I said it earlier, if everything else falls into place, I want to be able to accommodate those 3 uses. So, the motion is to approve staffs recommendation which is the widening of Portola. I am not even going to specify four lanes, six lanes because I think that is kind of micro managing the issue. Just the widening of Portola in that stretch with eventual uses on either side of office professional, multi family and open space. Tschopp I would second. Campbell Okay. All in favor. Jonathan, Lopez and Tschopp: Aye. Campbell All opposed? Finerty Opposed. Campbell Opposed. Tschopp You didn't specify four lanes, that just leaves it open then for discretion by the city in the future or does this aid in the planning or does this muddy the water for the residents? Drell This is (indistinguishable) planning in the future. Lopez That's my story and I'm sticking to it. Drell Again... Campbell Forget it, huh? Drell Again, I think if you specify lanes whether you want to make a recommendation, that has no relevance to the circulation element that a recommendation on the width of Portola has Greenwood I think any meaningful widening on Portola would effect those houses, so. Lopez Right. It doesn't matter if it is 4 or 6. Campbell Shall we go ahead and .... 60 ;��� ��•; MINUTES r� � s (Jim _ %� .: INF ADJOURNED MEETING blH PALM DESERT PLANNING COMMISSION " 8:30 A.M. TUESDAY - DECEMBER 2, 2003 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER Chairperson Campbell called the meeting to order at 8:35 a.m. II. ROLL CALL Members Present: Sonia Campbell, Chairperson Sabby Jonathan, Vice Chairperson Cindy Finerty Jim Lopez Dave Tschopp Members Absent: None Staff Present: Phil Drell, Director of Community Development Bob Hargreaves, City Attorney Steve Smith, Planning Manager Mark Diercks, Transportation Manager Phil Joy, Associate Transportation Engineer Tonya Monroe, Administrative Secretary III. ORAL COMMUNICATIONS None. IV. PUBLIC HEARING Anyone who challenges any hearing matter in court may be limited to raising only those issues he, she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. �-��, A. Case No. GPA 01-04 and the Draft Environmental Impact Report as it i -v relates thereto - CITY OF PALM DESERT, Applicant Request for consideration of a Comprehensive General Plan Update and the Draft Environmental Impact Report as it relates thereto. MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 The following is a verbatim transcript of this Public Hearing: SC Sonia Campbell, Planning Commission Chairperson PD Phil Drell, Director of Community Development SJ Sabby Jonathan, Planning Commission Vice Chairperson CF Cindy Finerty, Planning Commissioner JL Jim Lopez, Planning Commissioner DT Dave Tschopp, Planning Commissioner MM Mike Marix, Cornerstone Development DA Dan Allred TN Tom Noble MMC Myron MacLeod EV Ed Vargo JC John Criste BH Bob Hargreaves, City Attorney SC We have Case No. GPA 01-04 and the Draft Environmental Impact Report as it relates thereto - CITY OF PALM DESERT, Applicant. Request for consideration of a Comprehensive General Plan Update and the Draft Environmental Impact Report as it relates thereto. Mr. Drell, shall we continue? PD You have the report. We kind of summed up what we think we've accomplished so far. In reference to the discussion of(inaudible) at Big Horn property, the hillside (inaudible) reserve, does that kind of...the changing it to...keeping it as residential with the study zone or...is that accurate or... I was a little unsure exactly what you did on that one. Maintain the current low density residential designation with the addition of the special (inaudible) designation, acknowledging potential change to hillside reserve? ?? Yes. PD Okay. What is remaining in terms of land use is the balance of, I guess we're calling it University Park... SJ Mr. Drell, I'm sorry, just before you go on to that... PD Sure. 2 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SJ I wanted to ask you on...your summaries are...exactly...very summarized. PD Okay. SJ Will Council get something more expansive than that or is this what they would receive? PD No, we will...for example, on the Portola issue and on the...no, on the Portola issue and on the Alessandro Alley issue, we'll write up a more of a descriptive paragraph that would actually be physically inserted into the text of the General Plan. SJ Okay, I guess...the end result of what we're doing, hopefully today, is to send this on to Council with our recommendations, and we need to communicate that to Council in some fashion. Your staff report, I assume, will be the vehicle for communicating... PD Right. SJ ...those recommendations. And I noted, for example, that, just as an example, on Alessandro there were other comments that I, for one, wanted to communicate to Council. For example, that part of the resolution include a parking management plan to be adopted by the business owners and...I think we talked about maintenance of the (inaudible)once it's there. So I just use that as an example that in some cases, your report...in all cases, it's excellent, and in some cases over-summarized in terms of how I would envision it going to Council because I'd want them to have a little more insight into the depth of our remarks. PD Okay. CF Council will have benefit of our Minutes, correct? PD Yes. SJ That's the best approach, then, is just kind of let them read the Minutes for the detail? CF I do because they're verbatim, and I think that they will be reviewing. 3 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SJ I hope they have a lot of time on their hands. CF Yeah, I think they're getting ready. They're kind of wondering what it is we're doing with this thing, so... SJ Okay. PD No, and I apologize. I thought that I had added a sentence on participation by property owners in right-of-way acquisition, construction, and maintenance of... SJ Thanks. PD There's really not a whole lot more to say about the...you have staffs recommended alternative. We feel it's an appropriate balance of land uses considering the unique circumstances that exist out there with the high intensity of commercial uses on the freeway, the regional commercials at the interchanges, the CalState University, the housing demand and needs created by that huge employment generating uses. We feel working with the property owners we've come up with good neighborhood designs which, again, provide the opportunity for, or at least the opportunity for the various economic segments of the community to live in the community. Still the predominant land use being no low density residential and actually resorts, and, you know, it does represent a change. If we hadn't contemplated changing some of our policies and land use philosophies in this area, there was probably no point in us spending the last three years in this exercise. The assumption is that...General Plan updates are a re-examination, and the character by virtue of us inviting CalState into town, the realization of the impact of all the inherent land use compatibility, which really drove the commercial uses on the freeway and at the interchanges, that...again, this is an appropriate, a balanced mix of housing to meet those needs. And, again, we had talked about addition of extending professional office on the south side of Gerald Ford between Portola and Shadow Ridge, and staff has no problem with that concept. (Inaudible) PD A little change suggested by the property owner would be in the...where Cook and Portola is. You see a little...the street that is...originally separated the...what is shown as mixed use, which we can discuss in a moment, to the 4 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 Office Professional...the Office Professional out there off of Frank Sinatra...in discussions with the Traffic Engineer, in order to get a median break on Frank Sinatra, that road would have to hit Frank Sinatra further to the west, and so they are suggesting that the road would swing to the west between the offices and the golf course. Again, that's really ultimately something that's probably worked out in terms of the more detailed design of that project, which will be soon before you. And so, as I say, you guys had some thoughts on whether you wanted to designate anything mixed use here, so that would be something you might want to talk about. And so, just remember, general plans are general and when you actually look at projects, there are lots of opportunities for refinements. I'm ready for questions and discussion. Yes...oh, you can't hear me? (Inaudible) PD Okay, the machine isn't picking me up. So, again, if we have any...we'll start discussion. SC Okay, what's on the corner of Frank Sinatra and Cook on the northwest... PD Okay (inaudible) concept which is in this plan, which probably should be discussed are these kind of, we can call them open space corridors, which you see a little green spot there at Cook and Frank Sinatra. The bulk of the area is the mixed use, and the concept of a mixed use in a situation like this is that obviously on Cook Street is the area where it's most appropriate for the commercial component, and then towards the Spine Road, where you're transitioning to residential use, that's where the residential use would be. Obviously any mixed use project would have to be rationally designed consistent with the adjoining land uses. But that's what...but back to the...make note of this...the little green area you see there at the corner, also there's...you see it up on the...on Gerald Ford, as it goes between...about halfway between Portola and Cook Street, then you also see it up there at the intersection of Dinah Shore, Technology and Portola. And the GPAC's philosophy here was to introduce, again, breaks between the various components of the plan with these kind of desert landscapes, somewhat similar to what you see on Fred Waring. Again, this becomes a financial responsibility issue, and probably any sort of landscape parkway treatment that goes beyond what is typical for a project would probably become the obligation of the City. We learned that in dealing with Haystack Park, where we tried to put responsibility for a very large perimeter onto a project, and 5 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 after a court test we showed it had to be proportional. And since the public benefit was far greater than the specific benefit to the project, it ended up being like a 60-70, 30 percent split. Acknowledging that if that's a land use feature we want to build then it's really almost part of a park program, they're almost passive parks in certain respects. SJ What's the OSPP on the northeast corner of Frank Sinatra and Portola? What is planned for that? PD The same sort of thing. Oh, the PP? The public facilities...the developer, and this is, again... SJ No, the big green area. The OSPP. PD The big green area. Well, it's gray area. Oh no, it's a small one. SJ No, the big one. PD Well, that's the gray one. SJ Down lower. Frank Sinatra and Portola. Right there. PD Oh, that one. That, of course, is owned by the Redevelopment Agency, bought for the general intention, and although it's...obviously nothing was written in cement, to be the expansion of Desert Willow. SJ Exclusively? PD No necessarily exclusively. SJ I guess what I'm...here's the question I really want to ask. Are there any active parks planned to deal with the demand that would be... PD Yes. SJ ...created by the residential...implementation of the residential aspect of this recommended alternative? PD Yes. You see three of them in...they are about five acres each, those two are about five acres each, and then there's a smaller one over there, as 6 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 John's pointing to, in the...again, size is...they're shown in...generally around five acres each. SJ Five acres is pretty small for... PD They are neighborhood parks. SJ Okay. PD As part of the school, both the high school and the elementary school, we were planning cooperative parks like we did with the elementary school over at Country Club. For instance, the K through 8 side is shown at, I believe, at 25 acres. I think ten acres of that is shown as a park. It would be a shared park. Again, and the same thing is what we tried to work with the high school, assuming that high school goes there. If the high school doesn't go there, then part of that could be a park instead. I think when we look at the actual specific plan for the...the master plan for the Cook/Portola section, and when we start looking at the grading and how the land uses really interact and how much usable land, I think that is when we kind of make the decision of how large those parks should be. SJ I guess what I'm looking at is...under the staff recommended alternative, we're looking at adding 4,400 housing units, roughly 2,700 of which will be medium and high density. Those alone I would expect to generate over 5,000 kids in time and possibly substantially more than that. This area, as I see it, kind of cries out for a large, active, multi-use park encompassing several soccer fields and ballfields and basketball and all the rest because there's already over-demand on the supply that exists. So I guess what you're telling me is there's no specific land use designation on what we're looking at that specifically plans for that kind of a large-scale, active park. PD What we call...a community park, where you're talking 20 acres. SJ 20 acres or more, yes. CF Phil, on the less intense plan...kind of where...on the staff recommended plan you've got the elementary school, that location, off of Monterey, east of Monterey. PD Right. 7 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 CF You have an OSPP, which is a public park. PD Correct. CF How large is that that you have set aside? PD Again, that was probably ten acres. Again, it's... CF You're saying that was ten and these others are five? PD Yes. CF Because this is so much more green. PD Well, the whole thing was shown, in that less intense alternative, the whole thing was shown green, it wasn't showing as a school at all. CF Right. PD So in reality, of that 25 acres that you generally see here, we can show, and make it a message at least to the school, that ten of those 25 acres is assumed to be a public park. Whether you want to...figure out to make it larger...l guess the other issue, okay, if we're going to do a community park, where should it go? SJ That's why I was asking about the Desert Willow III site, whether there's 20 acres available there to chop off for that kind of a regional park. PD It's shown as a park...you also want to make something that's accessible, easily accessible. Maybe a good location that would be fairly accessible would be right at the south corner off of Portola, the south corner of the Spine Road and Portola. SJ The north corner, you mean, of... PD Well, yeah, the north side of the RDA's property. That might be...since it could serve the residential area to the west and the neighborhood to the east. One of the things we're talking about today, when we get to it, is the Park & Rec element. 8 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 CF Phil? PD Yes. CF Do you have another site, perhaps...I was thinking that it might not be a great idea to have a park next to a resort golf course. For example, if you were to go up...I'm thinking where the high school's located... PD And, again, the suggestion would be that they would be in conjunction with the high school, although it's a little bit more problematic pairing parks with high schools, since high schools have a lot more of their own athletic activities that extend in the afternoon. SJ And that experiment failed miserably at Palm Desert High School. CF I mean, does the high school necessarily go there? PD That is where...well, if the high school is probably going anywhere in Palm Desert, that's where it is going to do. That is where Palm Springs Unified is either under contract or some degree of commitment on the site. That's probably, if the high school goes anywhere, the most logical place, given the intensity of a high school versus an elementary school is such that it doesn't really belong in the middle of a neighborhood so much. And that makes it fairly central and good access. On the other hand, that area could be, I guess...the problem we had with the high school is that we virtually gave them the site, and then we had to beg to get use of it. So a park could still be developed in conjunction or adjacent to the high school in that general area, but we would make sure that...we cut a bad deal as part of...building that park was really all part of the inducement to get the high school built, and probably in retrospect we would have cut a better deal where we had far more control... CF Okay, but maybe we should start with...is the Commission in agreement that in this university area, we should have something similar to a regional park? PD (Inaudible) community park, which is 20 acres. JL Approximately the size of the Civic Park? PD Oh, no, this is 60 acres. This is a regional park. 9 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 (Inaudible) PD Or what we're doing over on Country Club. CF What's Freedom Park? PD Freedom Park's...exclusive for us, it's probably 25 acres, and then we share a field, a couple of fields, with the school, or one field with the school. CF So maybe a minimum of 25 acres, if we're going to make it similar to Freedom Park? PD Sure. JL I don't know that you have a whole lot of flexibility as to where you put it. It has to be in the section, right? CF No. All this can be changed. PD Yes, we can move... CF We can move all this around. PD It's just that...in a community park, you want relatively, again, accessible to the area. Where you're seeing the high school site, or the Gerald Ford/Portola, is as central as you can probably get, which is... CF Well you know down...what I think would be helpful is on all of the plans that we have, the less intense, staff recommended, etc., if we could have the schools, you know, mapped in there, where we're fairly certain that: a) there's a need; and b) this is probably where they're going to want to go, so that we can get as much certainty in each of the maps... PD Again, we're not in a position now to go back and do that on all the maps. This is...these are the sites the school has officially notified us that they are in the process of acquiring the property and planning the schools. So in terms of that, that's your answer. CF So, going to the staff recommended alternative, where we have the elementary school, the K through 8, where you had said 25 acres for the 10 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 school and ten for the park, to the east of that we have medium density housing. How large is that site, and what if we were to expand the park into that medium density residential area, which would help to service a number of kids from the low density and medium and high density area. PD Again, I'm not sure that is the appropriate location for a community park. SJ What's south of Gerald Ford that's indicated as quasi-public... PD The applicant's...property owner is currently in negotiation with the church there. I'm not sure what the status of it is. He asked for that designation. I'm not...in absence of that working, you want it commercial...I know that's something that probably the property owner might want to comment on. That's only ten acres, that's only ten acres. It can be...that site can be enlarged. JL (Inaudible) think about the schools, and you have the school facilities, and then you have the parks, okay. And it almost serves as two parks because when school's not in session during the course of the weekend, you've got facilities that people can use for recreational needs. So having a park next to a school kind of, I don't know, defeats the purpose. I mean if you want to spread them out a little bit and have some more facilities or at least...again, I'm looking at open space perhaps more than anything else. You've got the facilities for the school that are accessible at times. Some schools don't allow it, and some schools do. And then you've got the park facilities that would be in another location. So if we took, you know, if they want to incorporate ten acres on this...middle school? PD The middle school...the total site has 25 acres.... JL Right. PD ...15 acres of class room exclusive school use facilities, ten acres of shared park, of which...again, we would have a similar program as we... JL And that's okay, I mean... PD (Inaudible) Freedom Park, where part of the park would be open all the time to the general public, and part of the park would be open only after hours. 11 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 JL And I'm not saying that's a bad thing. I think that's okay. And then you take another location and say we're going to dedicate this now to the true regional park. PD Yes. JL With soccer fields or with additional baseball fields or softball fields. PD Sure. JL And that would be in a location away from a school area. You'll have a high school, and you will also have (inaudible) have their own recreational facilities, again, available to people at certain times, and then you actually have, in essence, when you look at this, a middle school park, a high school park, quasi-type thing. And then you need to have a regional park. And having a regional park next to a golf course is not a bad thing, either, because when you have lights on in the evening, it's not going to bother anybody. I mean that is a good trade-off right there. SJ I would concur. Maybe where we can go with this, because I think the location of the actual park involves economic considerations as well as other considerations that maybe we're not in a position to make. And to add to the mix, I think that CalState has on occasion expressed an interest in cooperating in a community park concept that might incorporate other facilities that then their students, their staff, the families of students and staff, and so forth, can all use. So I think there's a lot that's going to go into the ultimate location. I would be comfortable, speaking for myself, whichever alternative we end up recommending to Council, that we insert in there further recommendation that sooner rather than later a minimum of 20 or 25 acres or more be carved out and set aside for a future community park facility. PD Another consideration is, you know, the Redevelopment Agency also owns 145 acres west of Portola. SJ Where? PD It's... SJ Between Frank Sinatra and Gerald Ford somewhere? 12 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 (Inaudible) JL That was also going to be a golf course. SJ Oh, yeah. (Inaudible) PD That was the first prospective golf course site. It was always acknowledged that that wasn't great geometry for a golf course, and that's why when the other site became available we bought that, too. JL That's next to Shadow Ridge? PD Yes. JL Absolutely no park in that place. SC Not a good location. PD Sounds like a great amenity for families bringing their kids to the timeshare. They'd maybe get bored with playing golf for four or five days in a row. SC On your preferred alternative plan, you have a high density residential on the...let's see, it would be the northwest corner of Dinah Shore, where now it's all business park, industrial business park, and you have...that orange area right there. Now, I would think that would be...see that area right there on the top? It would be...right, there. And that...right there, the orange one. Now that's a large area right there. Wouldn't that be a good area for a park? It would be between the high school and the elementary school, and it would be out of sight, and it wouldn't be in the...what do you have there, residential? PD Again, I'm not sure it's necessarily an advantage to be on site. I mean...again, that's a question, that's a property that the property owner actually specifically objected to the high density and wanted to develop as a business park. Again, parks do serve still primarily residences, and proximity to residential is still desirable. You know, you don't put high end low density housing adjacent to it, but you put family housing, you put the sort of housing that is logically occupied by people who enjoy parks. 13 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SJ Well, again, I don't know that we need to spend all morning on deciding the location of parks. I think...my point is that in making the recommendation to Council... PD Needs to be a community park. SJ I think there needs to be a community park of a good size, and I would defer to Council to making the economic determination as to where and other factors as to where the park should be located. DT I'd just quickly add...some of the comments that fellow Commissioners have made I agree with. I don't think sometimes that parks next to schools necessarily work as a benefit to all the residents of the communities because of the restrictions that schools need to put on the parks. So I guess I'm also very much in favor of a regional type park that would serve the needs of all residents and not necessarily be located next to a high school or school, rather. Although it incorporates ballfields and so forth, there are other uses for a park. What I'm hearing, and I agree with the consensus, we need a regional park, we're all in favor of it. It should be located in the spot that would be best used, most successful, by all residents. PD You're saying regional park. Regional park is like we have here. Community park. DT Community park. I guess I'm saying a large community park. PD Which is like the soccer park, like Freedom Park. DT I think if you look in the Valley and look at other cities, the problems that they've experienced, we've experienced, with not having enough facilities to meet all the needs. I would say it would be a large community park. PD Okay. Maybe have a minute motion... CF You want that in the form of a motion? PD Sure. CF Okay. The motion would be to set aside a minimum of 25 acres for a large community park, similar to Freedom Park, in the University area. 14 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SJ Second. SC All in favor. All ayes SC Opposed, none. SJ Was that appropriate? Did we need to open up public comment before taking action? PD You could discuss it first if you want, or you could wait to get more public comment. It's up to you. SC Any discussion then, first? Or I'll open it to the public. PD Right. You should let the public speak before taking action. SC Well, I don't have any blue cards. Is anyone in the audience wanting to speak in regard to public parks, and where they should be located? No? Okay. Comment. We voted. MM Good morning, Mike Marix, Cornerstone Developers. I live at 128 Vista Montay in Palm Desert. We own most of the University Village property. I would caution you on this park thing relative to uses and proximity to residential. On the one hand, you want (inaudible) that; on the other hand, in my view, you clearly don't want a night-lit park next to residential houses. And if you want an example of that, there's one in Palm Springs that's used for soccer, and that lights up for half a mile around every evening until about ten o'clock with throngs of people. On the one hand, that's good, I guess, for use, unless of course I had one of the houses there that was lit up all night until ten o'clock at night with the attendant activity. As it relates to location, the Redevelopment Agency site for Desert Willow III, or whatever it's being called, is 170 acres, excuse me, which is substantially more than you need for a golf course. 120, 130 works for a golf course, nicely. So you've got way more land there than you need if just using that site and not even considering the stuff to the west, which generally surrounds residential. So there's a couple of places to put it. I would hope that whatever interpretation is sent forth to Council doesn't dictate a specific site in there, 15 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 given the considerations I'm trying to point out. I'd be happy to answer any questions for you. SC Questions? MM Thank you. SC Okay, Mr. Drell. PD I don't know how you want to handle this, whether you want to look at little pieces of it, of the staff recommended alternative, and comment on it, or if you want to make general comments...it's up to you guys. SJ One way to go is to open it up for public input and then let's talk about it and come to a conclusion. PD Right. SJ We're there. SC Okay. The public hearing is open. Anyone in the audience wanting to speak to these land uses... DA Good morning. I'm Dan Allred with American Realty Trust, 1800 Valley View Lane, Suite 300, Dallas, Texas. I've made a couple of appearances here in the past couple of months, and I guess I just want to reiterate that my company and several of the other land owners, Mr. Marix just spoke to you previous to me, have been working for over a year with the staff to try to come up with a plan... , P SC Could please? you speak in the microphone, ease P P DA Okay. We've been working over a year with staff trying to come up with a land plan that we can work with that matches what the committee has been doing for the past four years, almost...l've lost track of how many years this has gone on now. And there's a lot of time, money, engineering money, that's been put into this project to try to adapt it to what we have been directed by the City, that the City wants to see there. 16 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SJ Mr. Allred, I'm sorry, can you just point out for us the properties that you either own or control at this point. DA Well, it's...we either own or have sold within the last year or two everything north of Frank Sinatra, it's undeveloped pretty much... SJ I guess what I want to get to, though, is the properties that you have a vested interest in at this point. I mean, if you've sold them, then you no longer have a vested interest in how they get developed, a direct vested interest. Is that accurate or not really? DA Well, I carry the notes on quite a few of them, so that's a pretty good vested interest. You know, I've got notes out there of tens of millions of dollars. SJ Okay, so north of Frank Sinatra? DA Yes, we sold the property to the City about a year ago for the golf course. All the green we sold to the City. Everything between the golf course land and Gerald Ford inside Cook, Sinatra, Portola, Gerald Ford, we either own or we have the note on. The other current owner is Mr. Marix with Cornerstone who just spoke to you. SJ I'm sorry. Frank Sinatra on the south, Monterey on the west, Portola on the east, and Gerald Ford on the north? Even up there, okay. DA Yes. We either own it or we have sold it or are carrying the note on it. Just to give a little bit of history, the first property we were involved with here was about...a little over six years ago, we acquired the current Marriot Shadow Ridge development. We bought the land from the FDIC, negotiated with Marriott for them to do their timeshare, coordinated with them as they worked with the City staff and with the City Council and with the Planning Commission for the development that exists there. At the time, as we were selling that property to Marriott, we were also working with several other land owners, Lionel Steinberg, you may know that name, we bought all of his property. We also bought the Desert Wells tentative tract map. So at one time, we owned about 1,400 acres of land there. Currently, today, just off the top of my head, we own about 200 acres. We've sold pretty much everything but 200 acres, but we carry the note on several hundred acres that we've sold to people like Mr. Marix that we financed it for them while we tried to go through this General Plan process that we thought was going to 17 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 be finished a year ago, and then we thought it was going to finished six months ago, and then we think it's going to be finished in December. And now I'm hearing stories about several more months, and that's a little bit scary. I guess...I'm sort of throwing myself on the mercy of the court here. We have done everything possible to make this thing happen, and it seems like there's no direction at some point in the City government, and it's been very frustrating because there are lots of people here that have been doing everything they can possibly do to try to come up with a plan that the City will adopt. It's almost to the point, you know, the densities can move around here and there...that's not as big an issue to everybody, it's just getting something adopted. And we just need to see this process move forward and would appreciate your efforts in getting this thing processed as soon as possible. And I'd be more than happy to answer any questions. JL As it pertains to the staff recommended alternative, which is up there right now, are you comfortable with everything that's up there? DA I'm very comfortable. SC Thank you, Mr. Allred. SJ Let me just comment, and I've said this before, and I really sympathize with the frustration that you're expressing. I understand that you as well as others have been put on hold, and I think in retrospect there may have been better ways to handle this. But we're certainly here now, and we hear you very loudly and clearly, and hopefully today you'll get some specific direction from the Planning Commission anyway and then, you know, the Council, if we've done our work thoroughly, maybe they won't need to take as long and go into as much public testimony and depth and so forth as we have. I don't know, that's up to them, but hopefully we can do our part to move this along at this point. DA I don't want my appeal to sound like it's strictly motivated by money because it's really not. About a year and a half ago, we voluntarily let the old Desert Wells map expire. We had the right to pull the grading permit and start building it. And as a consideration to the City and the fact that, you know, Mr. Drell and Carlos Ortega and other people said we'd really like to see that property included in the General Plan, we agreed to do that. So this isn't strictly a money issue with us. We've tried to be a, there you go, a good community citizen, even though we are an out of state owner, and I 18 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 know...we are probably perceived as carpetbaggers from some points, but we're trying not to be. I feel like, you know, us getting the Marriott deal done has been a big boost to the City, it's been a big boost to us in our property around there because they've increased the value of it quite a bit, and that's why we wanted to get that deal done. But the old Desert Wells map, if I had that today, it's probably worth more than what's on the wall there just because the value of single-family lots in that area of a golf course would be pretty high right now. SJ Is that the old Swank project? DA Yes, Bill Swank and Tad (inaudible) are the ones that processed that. SJ And that was on Monterey and Frank Sinatra, as I recall? DA Actually, it was basically everything...it's pretty much the existing City golf course and the adjacent property was about 410 acres. SJ I'm sorry, I mean Portola and Frank Sinatra. Okay, then...between the GPAC recommended alternative, the staff recommended alternative, and the less intensive alternative, you've looked at the possible land use designations and you're basically okay with any and all of the above as long as we just move forward. DA Right. And somebody like Mr. Marix, Mike can speak to you more on densities because he really controls most of the residential that's indicated there, but I think he would probably echo what I'm saying, too. I appreciate the time. Thanks. MM I am Mike Marix again, still. I do echo what Dan Allred said. We've been involved on an active basis as an owner for a year and have worked with staff through our engineers. The plan that's put forth as the staff recommended plan is one we subscribe to totally. It doesn't suggest there can't be some tweaking done to it, but there's been a very intense effort on lots of people's parts to come to something that now is before you. SJ Mr. Marix, I'm sorry to interrupt. I'm just trying to get my ducks in a row. MM Certainly. 19 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SJ Can you tell me which property... MM Ours is...except for your golf course, and except for commercial that rings Gerald Ford and Cook Street, everything else in that triangle is ours. SJ Okay. MM It's all residential. SJ Okay. MM It's of varying intensities. SJ Do we know your company by another name? MM Cornerstone Developers. SJ Cornerstone. I'm sorry to seem ignorant. These have been floating around and I just want to make sure I've got all... MM I understand, and by way of explanation, just last week we sold our home building operation to Linar (sp?) Corporation, and I'm now delightfully out of the home building business but retain these properties, these and others. The suggestion that the public comment be done now before you have a chance to discuss it for yourselves, while procedurally no doubt is correct, is a little bit of cart before the horse. I mean, if you're going to tweak these plans, then gee whiz, I sure want to talk about it because we've been looking at this and working on these along with others for a long, long time. So to suddenly grab something out of the middle and say well, let's do whatever, would change my view, I'm sure. I would hope that you would act expeditiously, and I say that very candidly, economically. It's incredibly expensive. The interest bill alone is $4,000 a day. While that's not your concern, it is clearly mine, and at least you know it. I'd be happy to answer any questions. Thank you. SJ Mr. Marix, let me just ask you, again, the same question. I think you mentioned that you are partial to the staff recommended alternative with regard to the land use designation, the proposed land use designation. MM That is correct. 20 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SJ Does that mean that you're significantly opposed to some of the other alternatives, or are there certain aspects that you prefer to see or not to see? I guess what I'm trying to get at, if we did settle on one of the other alternatives, does that cause a problem for you? MM I'd have to reserve answer until I've studied them some more. I've obviously looked at all of them. At one point, there was a proposal for the high school in the middle of our property, together with a stadium, and I admit to you that I lobbied real hard at Palm Springs Unified School District to move that because I felt it destroyed the residential nature of that around it when you have lights and stadiums and what have you. It just wiped it out in my view as a logical use, certainly in marketability sense. SJ I guess, although...let me just, and I'm not in the business that you're in, so I don't want to pretend to be an expert, but we have designed, successfully designed, active use parks within residential pockets. The current state of the art with regard to lighting is such that, literally, when you're a yard outside of the focused light area, because it is all focused lighting now, you can't even read a newspaper that's before you, so there's not the bounce glow that you kind of think of. At the soccer park, for example, we worked with existing surrounding residents, there are now more residential uses surrounding that park, but we worked with the existing ones and designed it in such a way and implemented shut-down times of 9 p.m. and made other accommodations that met their needs. And they supported that park, even though they were not going to use it. The soccer park is such that the elderly population adjacent was not going to use it, but they still supported the park. And to my knowledge, we have not had one complaint. So there are...I'm not telling you your business, I'm not trying to tell you to put a park, you know, next to housing, but I am suggesting to you that it can work, and in fact, in this City, does work. MM The site that comes immediately to mind would be the northeast corner of Frank Sinatra and Portola, just the corner out on the golf course, and you've got probably 50 acres of excess land there in terms of the golf course. SJ I would not disagree. I think ultimately the Council will be the arbiter of that. And, incidentally, whatever our recommendation is today, if you don't like it or if you do like it, you will again have an opportunity to be before the entity that makes the final decision, and that's the Council. 21 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 MM Thank you. DT I was going to add...it wasn't within the scope of this Commission to designate a site for the park, but I, for one, echo your sentiments. You need to be very careful where you place the park. It does have an impact on surrounding housing and so forth, even if you predesignate that and people know it's going in. It's a little bit like complaining about buying a house next to an airport. So I do echo the sentiments that no matter what technology it is, I think the City needs to study the subject very diligently and pick an area that would still be convenient to the residents but not disrupt surrounding property owners. (Inaudible) TN Good morning. My name is Tom Noble. Address is 42620 Caroline Court, Suite 101, Palm Desert. I would just like to reiterate what's been said here. There's been an enormous amount of interchange and work between the property owners in the area and the staff. Staff has been very responsive while getting the uses that I think the Advisory Committee was looking for and accommodating the thoughts and the needs of the property owners. We are, as I think you know, developing the commercial industrial project at Monterey and Dinah Shore. There's a little bit over 200 acres in there which are exempt from the moratorium. We currently are zoned and we'll be under construction hopefully at the end of this week. We also own the 29 acres at the northwest corner of the Portola extension and what will be the Dinah Shore extension. That property is a part of the moratorium and part of the planning going on here. I've appeared before you before and given you a substantial amount of correspondence and a couple of sketches that we've done indicating why we think that 29-acre piece should remain in the service industrial or your new business park office designation. That is as it is shown in the staffs preferred alternative now which for all kinds of reasons, I won't reiterate, but I think that's by far the best use for it. So I'd just like to go on record as bringing those matters up again. We're interested in the overall area, although our... SJ Mr. Noble, let me...so you're speaking now to the northwest corner of Portola and Gerald Ford. TN That's correct. 22 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SJ And you are in favor of the IBP land use designation. TN That's correct. SJ Thank you. TN And just as a person interested in the area, I also feel strongly that there's a need for more park land within this overall area. It seems to me that the Frank Sinatra/Portola intersection would make by far the most sense. It's very accessible. There are a lot more issues than just lighting in a park of that magnitude. As a former soccer dad, I've been to lots of these things. There are lots of cars, lots of people, lots of kids having a great time, but also some disruption for surrounding areas. It just seems to me that corner would be, where you've got Desert Willow to the south, you'll have commercial uses that (inaudible) proposed now for both corners on the west side. It seems to me that somewhere in the general area of that corner of Frank Sinatra and Portola would give the best access and probably be the best use for it. At any rate, I just wanted, once again, to reiterate. There's been an enormous amount of give and take, input, discussion between the owners in the area. I, very frankly, didn't think that this type of a cooperative effort would work. When Mr. Drell suggested we all get together and try to do that, I had serious doubts, but it's happened, and I think that whatever we've come up with in terms of the General Plan is about as good as it can get. Thank you very much. MMC Myron MacLeod. I reside at 4035 Avenida Brisa, Rancho Santa Fe. I'm not going to repeat everything before, but I am in agreement with what has just been said by Tom Noble and others. What I have that's a little different is our property is 70 acres that includes the 25-acre proposed school site. And we've owned that land for 25 and 35 years, there are two different parcels there. I just wanted to confirm that we have been in not only meetings that Mr. Noble mentioned and Mr. Marix and Mr. Drell, but also with the Palm Springs School District. And I know there are pluses and minuses and opinions I've heard thrown around here about the school district, but nevertheless, they are determined to have acreage in that area, and what is up there, which is...and our property represents, again, a compromise of contiguous property owners...road requirements of the school and things that were palatable by the Building Department here and Planning Department here. So I just wanted to also confirm that we're in favor of the staff 23 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 alternative plan. I think it represents a lot more than you just see up on that board. Thank you. SC Anyone else? EV My name is Ed Vargo. I live at 7 Brentwood Way in Palm Desert. I'm on the Board of Directors of the Montecito Homeowners Association. It's a 98-unit complex that is on Cook Street, halfway between Country Club and Frank Sinatra. We're probably one of the closest neighborhood communities of single family low density housing adjacent to this area. We feel somewhat betrayal because we bought there when the General Plan for the rest of the area under consideration was low density. Right now, with the change of taking property for the timeshare, the golf course, and the other uses, and then still expanding the density of housing by increasing the high density to 2,700 units is not in our best interests. It's going to create tremendous traffic, and it's going to lower our property values and lower our overall feeling of what Palm Desert actually is. So we'd like you to understand our position as homeowners, not as property owners, of this area to be developed, and we have a strong feeling. We will be presenting a petition to you and the Council shortly with our feelings. Thank you. SC Anyone else? Okay, Mr. Drell, any discussion? PD Again, we can break it up section by section and kind of talk about individual land use issues or...how do you want to handle it? One issue that you guys have already brought up, which was the mixed use designation, which again is something that is not critical either way in that the commercial zones we already discussed don't preclude mixed use. It's just if there are specific sites you feel that are particularly appropriate, then you might designate them. If not, we can just remove those designations and wait for proposals from, you know, the property owners relative to that issue. CF Can I offer a suggestion? PD Sure. CF Could we start with perhaps the breakdown of how many acres are set aside for each particular land use and see if that's the direction that the Commission wishes to go? 24 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2. 2003 PD Sure. So basically it's looking at the land use charts...between and whether you want to look at...again, between the less intense alternative and the existing and the staff recommended alternative and the GPAC preferred alternative...I don't have all the charts in front of me...but you guys do, I think. If you guys want to (inaudible) on the balance, which we just finished talking about, the balance of land uses overall. JL Well, on staffs recommended alternative, looking at in excess of 10.5 million (inaudible) PD Pretty much all the alternatives show the commercial use almost the same... JL (Inaudible) basically PD Yes, and really that was as much a land use compatibility driven decision, that the uses at the interchanges on a major arterial, up against the freeway, or so...as you see, all of those are pretty much the same. And remember also, general plans, while we've quantified it based on the map, technically the lines aren't as hard drawn as...so within ten percent in general planning is the same. We've hit the wall with the dart. CF Well, on that University...let's see, the staff recommended plan and the preferred alternative, there's no acreage set aside for light industrial as there is in the less intense. Are we...is that a certain message that we're sending or should we really be combining the 173 and the 156 in the less intense use with the industrial business park and the light industrial? PD Again, the areas as industrial light business park are the same. The philosophy there was based on what we're hearing from the developers, and really what we've experienced at Cook Street, what they want to build is what they call flex space, which is adaptable for both varying degrees of office and industrial and showroom and things like that. And what Cook Street has shown is that uses can be made very compatible. Therefore, for us to prejudge the market and say this area is just going to be for the auto body shops and the sheet metal fabricators, this area is just going to be for the architects and the civil engineering offices...the market just hasn't cooperated, so we've kind of said... CF Okay, so there's an average of 300 acres, then, set aside for some sort of business park or light industrial use or combination of that. 25 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 DT Correct me if I'm wrong, business light industrial refers to a time when the City and the Valley was actually looking at trying to come up with a third leg of the economic support, and it was at that time designated to attract light industry and to create the jobs, the economic engine and so forth. And I think the times have changed, and what we're asking for here is just the flexibility to keep reflecting the time so that the designation could still be available but we're not keyholing it into because the times have changed. Is that a correct statement? PD That's correct. In dealing with our, you know, really we created service industrial more so just to get certain undesirable uses off of Highway 111 originally. Everything was on Highway 111 in the 60's and 70's. We want to get those things off. But again, the times then changed and it got recognized as hey, this is a great place to have these offices that don't need public exposure. And the problem is when you're building big expensive buildings, developers learned that if they so specialized their uses and the economy swung in the wrong direction, suddenly they were stuck with an empty building for a long time. So that's why we've gone to this more generic classification, and it makes it, I think...again, based on, as you said, we're not...it's not logical for people to build significant light industry in Palm Desert anyway. We let the market and design control how these things are ultimately (inaudible) CF Okay, so if we take the blue, the industrial business park, on the staff recommended alternative and the blue with the industrial light, and that's basically the same area, we're just one acre apart... PD Correct. CF ...328 versus 329, so could we start and say that we think that's the direction that we need to go? SC I would feel comfortable just as it is right now with the light industrial and business park. CF We can work with...for motion purposes, I guess, we'll work with the staff recommended alternative? SC Yes (inaudible) 26 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 CF And say that we're comfortable and be in favor of the areas designated as industrial business park, understanding that there might be some flexibility within that. JL I agree. CF So should I make a motion for segment by segment, Phil? PD If you want to do that, sure. SC Sabby, did you want to know what we were talking about? PD If she's going to go general land use category by land use category, starting with the industrial business park category. Now the one little complication to that is the location of that one mixed use piece, which...on the north side of Gerald Ford. CF What we were saying (inaudible) blue for business park and the kind of teal color for industrial light, that one sets aside 328 acres, the other sets aside 329 acres, and that the Commission is in agreement that that amount of acreage be set aside for that particular use pretty much in those particular areas, that we think that that's the right concept and the direction the City needs to go. SJ Let me ask you this. If we're at the discussion point, and I think we are, maybe we could at least have some discussion about which recommended alternative is overall more appealing to us, and then we can kind of focus on that and modify it. I guess what I'm getting at, as I've reviewed all these alternatives and listened and so forth, the staff recommended alternative is very appealing to me in terms of the various land use designations, including mixed use and the industrial business park for the reasons he just discussed and so forth. My concern, though, is that the high density residential, I think there is a need for high density residential, but it's a matter of degree. And I guess part of what scares me about the high density residential, just some of what we've seen in the past and how intense it really, really is. So I guess what I'm suggesting is that we have some discussion about the basic alternative that maybe is appealing to us and then start kind of dissecting that one. CF Okay. Could we all agree that we'd like to rule out the more intense use? 27 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 PD You mean the more intense alternative? CF Right, the more intense alternative. (Agreement) CF Okay, that's a for sure. Is there consensus for ruling out the preferred alternative, advocating some 6,000 units out there? (Agreement) CF is there? Okay. So then is there a preference between less intense and staff recommended? DT You know, there I'd like to suggest...I liked the direction you were taking, Commissioner Finerty, where we were looking at... CF Okay. DT ...each of those, the different categories, because... CF That's helpful. DT ...it will give us a sense of what the blend is and where the differences are in the particular categories as opposed to trying to jump between two different maps. CF Okay. DT That was my preference. SC I think Commissioner Jonathan wanted to go ahead and find out which map we wanted to use. SJ That's all I was saying. I like the idea, too, but I don't want to jump between two or more maps. I'm saying can we at least pick a map to look at if we're going to pick it apart. CF I think that the two maps we're going to end up focusing on are going to be the staff recommended alternative and the less intense. 28 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SJ Okay. DT It's the male part of me. I don't want to look at any maps. CF You're not going to ask for directions, huh? DT I don't need directions. CF So...let me try this. Let me try a motion that would set aside approximately 330 acres in the area along Dinah Shore and Interstate 10 as noted in staff recommended alternative and the less intense use for the purpose of industrial use, whether it's light or business park or some combination of that. SC That's a motion. We need a second. JL Second. SC Okay. SJ Discussion. Are we then limiting...is that motion specifically referencing under the staff recommended alternative those areas indicated in blue as industrial business park. That is a little bit difference than the less intense use. CF It is a little bit different, but we're looking at acres and, for example, and location. Staff recommended is 328 acres, the less intense use is 329 acres. SJ Right. CF It is essentially in the same area along 1-10 and Dinah Shore. Yes, there are a few issues, as Phil pointed out, with the mixed use north of Gerald Ford and that sort of thing, but the basic concept, since we've been reminded is a general plan, would be to go along with that recommendation. SJ I'm not sure I understand. Are you just speaking, then, to the number of acres or the actual location? CF Both. 29 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SJ Okay, then I'm going to come back to my earlier point. If we're going to apply land use designation, and I'm in fundamental agreement with what you're suggesting, but if we're going to apply land use designation, I think by definition that's going to apply to a map. And I'm going to come back to my earlier comment, I like the industrial business park designation on the staff recommended alternative. It carries through all the way through the 1-10 corridor as opposed to the less intense alternative which, for example, is interrupted with a... CF I see, the CC. SJ ...the commercial, yeah, the community commercial. CF So would you like me to amend the motion to say that we would set aside approximately 330 acres around Dinah Shore and Interstate 10 for industrial business park use as noted on the staff recommended alternative map? SJ I would support that motion. CF Everyone else in concurrence? JL Okay. SC You second that motion, then, okay. CF We're ready for the all in favor. (All ayes) SC Opposed? None, motion carries. JL Could I, again, throw it out there (inaudible) conversation. Can we settle on perhaps one map to work off as we go through this process instead of trying to switch around the maps and say, okay, let's use the staff recommended alternative as the basis and if there are things you want to incorporate that might come from less or preferred, that we (inaudible) we use staff alternative as the basis for our conversation? SJ I think that makes sense if we basically, and what I would suggest is that we say that we want to begin with the staff recommended alternative and then 30 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 make modifications which we would address item by item as Commissioner Finerty suggested. JL That's basically what I'm saying. (Agreement) SJ I think that's a good approach. CF Okay, so then if we were to move on the commercial. We're looking at basically the same number of acres...I don't have them added, but it's somewhere around 600 acres for a variety of commercial. SC And we're talking more regarding right there on the corner of Cook and Gerald Ford, right? PD Cook and Gerald Ford, of course there's...the bulk of it is on the Monterey corridor. SC Yeah. (Inaudible) CF Looking on the west side and the east side of the map. PD I think there the...again, you're seeing the predominant regional sort of commercial over on Monterey. The commercial that we're showing on Gerald Ford and Cook is smaller scale. So we don't necessarily get the convergence of the activity of the University with the activity of regional commercial right next to each other. CF Well, it certainly seems like that's the appropriate location for the regional commercial. SC On Monterey. CF Right. SC And what is that also on Monterey and Gerald Ford. Is that high density residential right next to it? 31 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 PD It's high density next to it, correct. SC Okay, is there any problem with having... PD Well, we're still talking about the... SC I know. CF We're trying to work through the commercial. Okay, so is there concurrence, then, that the regional commercial... SC Stay where it is. CF ...should stay, yeah, right where it is there on Monterey? JL Basically, we can probably incorporate all the commercial left after that. There's 1435 acres and then the rest of it's already Shadow Ridge. PD Right. CF Right, it's already...correct. JL Right. CF It's already something, correct. SJ I'm okay with all the commercial as indicated on the staff recommended alternative. CF Okay. Discussion? Dave? DT I was going to say I concur with Commissioner Jonathan. I'm also comfortable with all of that and would second that if that was a motion. SJ It was a motion. CF Sure it was, okay. SC Okay, now are we speaking regarding just Monterey or also Cook? 32 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 JL All the commercial. SJ All the commercial. CF All the commercial. SJ Also encompassing commercial office professional, commercial regional, commercial resort, and...l'm sorry, and commercial resort as indicated on the staff recommended alternative. SC Okay, but not the mixed use yet, we're not including that yet? SJ We haven't gotten to it. CF Okay. SC Okay, so we have a motion and we have a second. All in favor. (All ayes) SC All opposed? None. Motion carries. CF Okay. So do we want to go to mixed use next? SC That would be fine. PD And just to make a...on that mixed use that is on the north side of Gerald Ford, if you...the property owners preference, if there is a mixed use specific designation, he'd like that shifted to the west to the high school site. 9 adjacent9 DT I'm sorry, you got me lost. CF Say that one more time. PD The mixed use that's on the north side of Gerald Ford... CF Yes. PD ...the property owner has expressed a preference that it would be shifted to the west... 33 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 CF Okay. PD ...to the northwest... CF Northwest. PD ...to the northwest, mainly because he...they're seeing that the (inaudible) created by Technology and Gerald Ford is kind of one comprehensive project. But again, as I said... CF Is that property owner then wishing that area that's currently recommended as mixed use north of Gerald Ford to be included then in the industrial business park zoning? to o. Well, it is right now, PD I believe so. SJ I guess I like the existing mixed use various as designated. If we want to add what I guess is the northeast corner of Gerald Ford and whatever that street is... PD That's called Metroplex, believe it or not. SJ Metroplex. Well, we have to change that. That is (inaudible) PD Yeah, there's no theater there as far as I know, but... JL They could have a contest at high school to name that street. SJ Yes, definitely. PD That's the property owners thoughts. SJ That's really Orange County. We've got to get away from that. PD Okay. SJ Anyway, though, if we want to add, that's fine. But I guess I would start by saying fundamentally, I really like the concept of mixed use for the 34 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 appropriate areas and I think that designation works well where staff has recommended it. If we want to add that third area, I think that would be logical as well. SC No, we're not adding a third area. We were thinking about moving (inaudible) PD Again, the property owner talked about doing that. SC Okay. PD And remember, again, the industrial business park designation doesn't preclude... SJ Right, you can still develop it as industrial business... PD Right. SJ ...under mixed use. PD Correct. SJ I guess what I'm saying is I like the two designated areas for mixed use. I think they're logical. I wouldn't want to move the one that was suggested to be moved because it's sandwiched between different uses. I mean, there are three different uses that surround it, and I think that's where mixed use can be particularly effective on. So I don't want to delete either of those two. If we want to add a third area because we want to accommodate the property owner's wishes, I don't necessarily have a problem with that either, but I would not want to eliminate the two already designated. SC I don't like the mixed use on the corner of Frank Sinatra and Cook. CF I don't, either. SC I don't think that's a great entrance to the City on something like that, especially with the mixed use as the high density residential, 10 to 22. I don't think that's the location for it right there on that corner. PD It w lon th at dnt be corner. 35 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SC Well, no, but it would still be right there, and there you have, you know, Desert Willow right there, too, and then you have low density, and they have medium density. Why would you want to go ahead and put something high density right there on the corner of mixed commercial when you could go ahead and have all that other park there? PD The logical...again, in terms of how it would be ultimately designed or which would still be under our control, the residential would be on the interior road, and the commercial would be on Cook Street. SC I know, but that's still not a location that I would be happy to go ahead and have it in. CF And I would concur. SJ What do you favor there? SC Well, actually, if you want to go ahead and even bring Desert Willow all over to that area, you know, go ahead... PD You mean make it resort commercial...I mean, Desert Willow wouldn't go there, we don't own the property. SC Right, but not to go ahead and...what do you have on the opposite corner...you have Desert Falls, then you have...right? PD Well, the... SC Catty-corner. PD Catty-corner but across the street you have... SC Yeah...then you have... PD (Inaudible) SC Right. PD I believe in the preferred alternative that we have that corner as resort commercial. 36 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 CF I just think that...I absolutely concur with Commissioner Campbell, and it is mainly because of the high density residential that's included in the mixed use. To me that corner looks like total hodgepodge. You've got so many different uses, and I would prefer to see that little band of purple or lavender the office professional moved out instead of the mixed use. SJ I'm still lost. What do you...what would you suggest for either the office professional, well for both, the office professional and the mixed use? What would you change it to? CF I would have a mixed use that would allow for commercial or office professional but a mixed use that would definitely not include high density residential at that important of an intersection. SJ On any portion of that? SC Well, actually, it probably doesn't need to be that large either. We can go ahead and have the mixed use with the office professional and then extend either Desert Willow or have, you know, low density housing there over there so that you do have buffer... CF Like that little area of medium density? SC That's correct. CF That's just a teeny little spot in there and it makes more sense to continue that all the way out. DT Let me just add real quick, though. Frank Sinatra and Cook Street are major intersections. You're not going to have high valued homes going in there. CF Granted. DT And the mixed use designation, if I understand it properly, gives the developer and the City some flexibility to design something there that will be a nice transition for that area. CF But that's also not a wonderful area for apartments. SC For apartments (inaudible) 37 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 DT Again, I think the market...the thing that'll make it work will be in the design and the implementation of that, and I don't think the market is going to embrace high density on a busy intersection corner, so that would probably, in my mind, be moved somewhere to the rear of the property toward the medium density, and the front is going to be the commercial, in my mind. But again it's going to come down to what the developer comes up with in design implementation. But in our general plan use, our desire is to give that flexibility so hopefully when the design comes forward it is something that can be embraced by the market. SC Well, that's what we were talking about, but we really don't want to have any high density there. You know, when you're going up the hill, that's high, and you go ahead and have multiple housing over there, high density housing, you know... SJ If there was high density housing on the west side of that mixed use area, you would still...in other words, if it was not visible from Cook or Frank Sinatra, you still don't feel... SC No, I don't feel that that is an area for high density housing right there. It can go ahead and be below, by Gerald Ford, you know, there, but I don't that is an appropriate corner to go ahead and have that. CF Right. I don't think that we should have the high density so close to the third Desert Willow. I just think that there's too much jammed into that little corner, and it's not coherent. SC So here you have Desert Willow on the south of Frank Sinatra, Desert Willow on the north of Frank Sinatra, and then you have all this hodgepodge right there on that one corner. JL Okay, but I'm getting back...I guess going back to my original question. You didn't want (inaudible) CF Okay, to take that little spot as medium density and make that low density and to take out the office professional, extend the office professional into the mixed use area and make that office professional and some type of commercial. JL What land use would you put on that then? 38 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 CF It would be a mixed use that would only allow... PD You don't have to do that. JL You don't have to do that. SC We don't want it to be high density. PD Just make it office professional, then. CF Just make it office professional? PD Sure, or general commercial or...remember, all of these are ultimately...whether or not there's housing there is depending on whether you approve a project with housing there. That's all...this is...if you absolutely believe that housing shouldn't be there, then don't designate it as mixed commercial for sure but designate it as one of the specific commercial land uses. CF Okay, then I would take the low density and extend that into that little tiny... PD I thought we were talking about commercial designations here. CF Okay, and then go with the lavender, the OP, and incorporate that into what we see as the mixed use. PD Okay, so you want to preclude all sorts of other sort of commercial uses from that whole area, other than offices? CF What I was saying...you said to designate it as office professional. I'm saying that there could be either office professional or commercial in that area. What we're trying to rule out are the high density apartments in that. PD Then probably general commercial is probably the more appropriate land use there. CF Okay, so general commercial includes what, Phil? SC Right. 39 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2. 2003 (Inaudible) CF Thank you. Okay, so...make it general commercial. PD Or the community commercial, which is what we have at...you know, we have the designation of the... CF So what's the difference between community commercial and general? PD Good question. (Inaudible) CF Right. (Inaudible) CF Okay, so general... (Inaudible) JL (Inaudible) designation is assigned to a wide variety (inaudible) specialty retail (inaudible) broad range of clothing and apparel, jewelry stores (inaudible) businesses. Office development (inaudible) secondary use (Inaudible) SC How large is that area? PD Essentially, there isn't any difference. SC How large is that area, the mixed use area? PD Hmm? SC How large is the mixed use area right there, the mixed commercial? PD It's probably almost identical to the...it's probably 25 acres. CF Wait a second. 40 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 PD Well, 25 acres including that office...so if you take that mixed use plus that office professional, it's probably about...it's almost the same size as the...the mirror image of the property to the north. CF Okay. (Inaudible) CF Right. DT I just want to point out, though, that that area is across the street from a CalState development, and with the way the budgets work in the UC and CS system, the ability to build dorms and so forth is not going to be there any time in the near future. The mixed use development would allow for the possibility of high density student housing. And again, I think it's in the design and implementation of the project that's important. So I would hate to see us preclude housing going in there in some form or other. PD I have a question of Commissioner Jonathan. You alluded to some severe problem we've experienced with high density projects in the City? Yes, you said some problems of the high intensity that we've experienced...l'd like to know what intensity project you feel has occurred that has had some (inaudible) SJ No, no, I said some of the proposals and renderings that have come before us. PD But not the projects we've built. SJ No. PD The projects we've built, you know, were 22 units per acre, which is the highest in the range. Is there any inference that those are undesirable projects for the City or not? SJ You're asking me? PD Yes. SJ Why? 41 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 PD Because (inaudible) indicated that somehow, by its very nature, high density apartments have a...create a problem. That was...that is kind of the inference I'm hearing, that there is a stigma that is immediately attached and... SJ Well, let me say to you...number one, that's not what I said. PD Okay. SJ It's not my intent, it doesn't necessarily reflect how I feel. Number two, if it did, that's my prerogative. That's what we're trying to discuss here. PD I just want to understand. SJ I think you're, you know, many times you've made your feelings known about high density...you know, and you have a right to do that, and we've heard you. So now we need to talk about it. The mixed use area, that area there, I think...l'm kind of on the fence. I think high density can work there, but I think we're going to have to be very careful about it because I share the concerns that you expressed. I certainly would not want to see high density right on Cook Street or, you know, but in back of it in a mixed use kind of project, I think it could work. And I do think that that is a logical area for high density should it come before us in an appropriate manner with an appropriate design because it is directly adjacent from the school. You know, a lot of people are going to be in high density housing that are students who may even lack transportation, so you're putting them right there where they can walk to school, which I think is a good idea. So I don't necessarily have a problem with the mixed use designation. I think to sandwich the medium density residential between the mixed use and low residential, I guess that's okay, but the office professional I don't think necessarily makes sense. I would think that we ought to extend the mixed use across the street to the office professional and give us a little more that I latitude about whatgoes in there because a could be a neighborhood 9 shopping center, it could be, you know, anything as that area develops. PD And remember the property owner's new concept is that that office area would not be separated. The street would run around it. CF Right. 42 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SC But also remember we're having retail on the corner of Cook and Gerald Ford. Offices over there, those are going to go ahead and be office buildings, medical buildings, and retail, so you want to go ahead and put more retail right there? SJ I don't. The mixed use gives us flexibility. It's what I like about it. If an appropriate project comes before us and we think, hey you know what, it does look good, this does work here, it is office professional or it is retail or it is, you know, high density of the kind that we can accept and embrace, then I think it's not necessarily a bad idea. I guess I like the flexibility that mixed use would offer us in that location. CF But we would, Commissioner Jonathan, still have that flexibility if we were to designate it as general commercial, reserving our concern for what type of high density as far as what project came forth and how it was utilized, but there would always be the developer's prerogative to ask for a change of zone in presenting a project that would include a mixed use, and then they would be, I believe, further motivated to give us a higher end and more appropriately located high density tract. SC Correct, especially there by the Desert Willow and... CF Right, so that opportunity would still present itself, but then it doesn't, I guess as I like to say, open the door, especially in that location, again, where I just perceive that corner as hodgepodge because it's just got so many things jammed together. Let me try a motion. It may fail, but I'm going to give it a shot. To take the mixed use area and the office professional area at the northwest corner of Frank Sinatra and Cook Street and designate that as general commercial. SC I will second that. SJ So you would not touch the... CF I was going to do that... SJ ...office professional? JL She is. 43 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 CF I am. I'm combining it. SJ Oh, combining, I'm sorry, I missed that. CF Because remember that street goes through now, so it's kind of like all one. SJ Right, right. And the medium density... CF I was going to do that separately. I didn't want to... SJ What do you intend to do with that? CF Okay, I would take the low density residential and extend that into where it says the medium density residential, which is just west of the proposed mixed use. I would make that all low density, and I would leave the other uses for the park and the medium density residential as is. SC Did you add that to the motion also or not really? CF I wasn't going to because I wanted to try and do it piecemeal. SC Right. CF Just so you know where I was headed. I just wanted to try and do one thing at a time. SC We have a second, now it's open for discussion. DT Well again, I go back to...l like the mixed use designation. I think it provides a good transition and compatibility to the university across the street. I think, not to be redundant, but again it's in the design and the implementation and we want to speak loudly to developers that we're going to give you this option. It's up to you to make it palatable for the City. And I don't think that's an area that necessarily cries out to be completely or solely commercial. I think it has some mixed use capabilities. I think it would be better designated to include some housing to facilitate the students. So I like the current designation as shown on the staff recommended plan. SJ I guess I'd have to fall on that side, but I'm really concerned about if there is one to...the project will come before us that proposes high density 44 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 residential. It would really, I think, have to be something that is very attractive in many respects, and I guess that's true for any project because that's a visible area, but I guess I would come down on that side, that properly designed, properly implemented, I would not have a problem with high density residential in that location because I think it serves the demand that the university will create very effectively. I'd probably want to extend that mixed use, then, to cover the OP as well. SC Well, we have a first and a second. All in favor. SC Aye CF Aye SC All opposed. DT Nay JL Nay SJ Nay SC There we are, 3-2. DT Would we need a resolution, then, to...motion...well, I make a motion, then that we leave the mixed use as shown on the staff recommended alternative on the northwest corner of Frank Sinatra and Cook Street. And I would leave the office professional, right now, again, I think the idea is to have areas of transition. And depending on what the Redevelopment Agency does with the land to the west, I think that would provide a good transition perhaps. SJ Well, mixed use would not exclude office professional, right? SC He wants to leave it just as it is, right, the way we have it right there, the mixed commercial and the office professional as it stays right there on the map. DT There, I think again, I'm looking at the transition. If the development of that piece of property to the west is to golf course, I think the office professional, in my mind, makes for better transition. 45 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SC So you want to leave it as it is. DT I would leave it as designated, yes. SC Alright. Do we have a second? JL I'll second it. SC Discussion? All in favor. DT Aye SJ Aye JL Aye SC Opposed? CF Opposed SC Opposed. 3-2 SJ The other mixed use area? DT Now I think that's appropriate JL (Inaudible) approval DT Second SC All in favor JL Aye SJ Aye DT Aye SC All opposed 46 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 CF Opposed SC Opposed. Motion carries 3-2 (Inaudible) SC For which? TN I thought general commercial about six weeks ago was now going to include... SC You want to speak in the microphone, please? PD The answer is yes. All commercial zones allow for the potential for mixed use. These specific designations indicate a more specific direction at these particular locations. TN So if somebody had general commercial, can someone include mixed residential... PD Yes. CF And now open space. JL I think...we've a had a lot of conversation regarding the original designation (inaudible)25 acres, so did we want to incorporate that 25 acres into the 188 (inaudible) CF I think we want to add to the 188. (Inaudible) PD Well, it matters in that when we...the property that the City already owns, as opposed to property that the City has to buy, also it's property that comes out of housing as opposed to comes out of what's already been designated for park. So, again, won't be redundant. CF Well, we do have the motion that was to set aside 25 acres. We didn't say where it was coming from. We just said it needed to be a large community park similar to Freedom Park. And we didn't say... 47 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 JL Would that mean that we would take that 25 acres out of the 188? CF We didn't say. SC We would add it. SJ I'm okay with letting the City make those kinds of decisions because I think it's (inaudible) CF Okay, if we were to take the 188...just one second...we have the 188... JL 188 is... CF ...and 8 on the staff recommended alternative, that's a total of 196... PD And the 188 includes both...the City property is 170 acres. CF Okay PD Existing City property is 170 acres. The additional parks that are added to that, the additional 18 acres, are those three little neighborhood parks shown in that neighborhood. CF Right. And I guess the difference...this is where I really like the less intense because it sets aside more open space. The open space for parks and public reserves sets aside 236 acres where the other is 196, so I guess I prefer to see more open space, and I think the less intense use does a nice job of that. SJ I would concur, and I would further state that the City on some occasions has created open space for the purposes of creating view corridors. Fred Waring maybe is a good example of that. I would encourage further implementation of that concept within the open space areas, wherever those might fall. But I think if you just, if you grab a corner and leave it open, you know, with appropriate landscaping and whatever, that may not be an active use park, it may not be where people go to sit down, although they might, but it creates an open feeling, and as we create more and more housing, medium density and high density, you know, some of the plans that we've seen before us don't provide for a lot of open space within the project, so I think the City can use its resources to create open spaces throughout this area, and I think that 48 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 would be an effective use of...good planning and effective use of City resources. SC Yes, because we do have open space on the corner, on all four corners there, Portola and... CF Which is great PD You see, that is the open space public reserve designation. That includes the corners and the corridor on Gerald Ford. SC Right. CF That's good. SC That's nicely done. SJ And maybe I just...I think some of the other ones that are public reserve are not quite the small park type like the one that's just below it, I guess it's north, it's a strip. JL Less intense? SJ On the less intense, there's (inaudible) PR. I guess it's now a street, so...l guess in the chart, there's 25 acres for public reserve as opposed to eight, but I'm not entirely sure where that'll go, and what I'm suggesting is that we don't need to designate where it goes, but that we simply encourage the City to create just open space view corridor type areas as part of that 25 acres. DT Open space view corridors are nice, but I think, one, they're expensive to maintain; and two, I think truly we're talking, when we talk about the 25 acres, is quality of a regional park, a community park. So again, I think what we're trying to state is we want a community park of a minimum 25 acres. SJ This is separate and... DT I understand. In addition to it, though, I'm going to say that on those view corridors, I don't think...they get lumped into the parks, but I don't think they're park, I don't think they're active parks. 49 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SJ We're talking two different things. There's an open space park designation, in the less intense it's 211 acres, and (inaudible) that the 25 acre community park would fall into that. All I'm suggesting is, and you may disagree and I respect that, but out of the 25 acres indicated as public reserve, that we use that to create some view corridors. PD Okay, that's, again, somewhat of an admonishment, we have limited funds. Monies that go into...and 25 acres of passive park and maintaining is a huge amount of money. That money will come out of... CF Okay. But again, we're not...we've got a total of 211 plus 25 acres, that's 236 designated as open space parks and public reserves. We're not saying how it needs to be specifically broken down but that setting aside 236 acres on the less intense versus the 196 on the staff recommended alternative is the way that we're looking to go, correct? So I guess what we're saying is we'd like to see 40 more acres of open space. (Inaudible) PD Again...of course, the difference you're seeing in less intense and staff alternative is we have generically designated parks and schools together, and in this we've specifically designated schools. But the acreage is actually...the acreage shown is the same, it's just here we've broken out schools from parks. I mean, we can...what you're saying is we want to find 25 more acres...well, again... CF I think what we're saying is... PD Remember where it comes from. It comes from...it's going to come from housing. CF Correct. That's where it's coming from. PD And that's why we'rebuilding the parks... CF But we're not there yet. PD ...to serve eo le. p P CF We're trying to get through the open space. 50 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 PD But, again, this is part of the problem of looking at everything individually, this is a zero something game we're playing, that real estate that you take out of one category or add to one category will come out of another one, and you're therefore making a decision about another category with one. So that's why you have to look at things somewhat holistically. And remember that every time...and theoretically, if you value open space in the desert as much as you value open space in the city, every time you take a house out of the city, a piece of the open desert disappears. Again, we're talking about a zero something game. Housing demand doesn't disappear. Every time we move a house out of the city via a land use plan, you're taking another piece of open space in the desert that will disappear. So it's not a...we're not dealing in a vacuum. SJ Well, the less intense alternative has a total of 2,174 acres, which is actually 37 more than the recommended alternative. PD Remember, we're not really... CF Right. PD Remember, these are anomalies of our GIS guy tracing out the areas and using his program to calculate. The areas are identical in area. SJ Well, what I'm suggesting is that if we say that we want more parks and we're talking about 30 acres, we're looking at one and a half percent of the total. PD Sure. SJ I mean, I think that there's room...this is general, after all. CF Right. SJ So I think the concept of wanting more parks and if we can get to 236 in total, I would endorse. And I don't think that necessarily means we have to take it away from housing, is my point. CF Well, we don't know where we're taking it from, but right now we'd just like to set aside that many acres. 51 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 JL You want to change the 188 to what? CF We want to use the less intense recommendation of 236 acres of open space, correct? That's 236, as opposed to the map we've been working off of, which is the staff recommended of 196 total. JL Now, are you looking to take 211 in parks and 25 in public reserve? CF No, just 236 total, obviously for both uses, but depending upon where, you know, it's appropriate for the view corridors to go and how large they are, you know, we would just kind of have to wait and see how that falls out. But I do like the view corridors as shown on the staff recommended alternative. PD May I make a little comment. The acreage shown in these charts was purely for educational purposes, to give you an idea of the magnitude. In a general plan, you don't have, you don't calculate the areas of...to your precision, so I mean that's... CF But we're not calculating, we're just saying that out of the 236 acres, some of it is to be parks, and some of it, a much smaller portion, would be the public reserve such as view corridors. PD My point is these charts are not going to end up in the General Plan. DT I think the comment is we all support the parks, we all support the view corridors, if I'm reading the Commission right, but I don't think we can be as precise as saying the actual number of acres. SJ Exactly. DT And I think that would be the problem...the portion I have a problem with. I think what we need to do is state we approve in concept, we like the open space, we encourage more, but I don't think we can get as precise as the number of acres. CF Okay, so then...just to go back, in the commercial and the industrial and all that, we're not approving that amount of acreage, either? DT Well, I think if you precise, you're talking within a certain percentage, I think you have a problem. 52 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 PD Again, you're confusing zoning maps with general plan maps. This is a general plan. What you're saying is the general configuration and location and general proportion... CF In the less intense use is what we'd like to see. PD ...but ultimately it's going to show...we have to show it on the map. We have to...if you want to...that what you want to do is maybe have a policy in the park and rec or the open space elements to describe the desire to have view corridors along, you know, as shown on this map, but in terms of the actual, you know, we're not saying it's going to be 50 or 80 or 100 feet deep...that's not what this is about. Again, these charts were shown to show a general order of magnitude of one to the other, and if they're within five or ten percent of each other, then as I said, that's probably identical. CF Okay, so if we want to see more open space than what's in the staff recommended alternative that's very similar to the less intense use, what direction do you recommend we give? PD I don't recommend...in my mind, they are already virtually the same, based on the level of precision in these maps. Again, you're... SJ Why don't we just do it this way. PD We're dealing with apples and oranges to a certain degree. SJ What if we accepted the land use designation as indicated in the staff recommended alternative but include in our motion and recommendation to Council that they make an attempt to create even more open space, whether it's park or public reserve or view corridor, as their economics and other considerations dictate. PD Right...really this map is showing the general location. You have a big blob of open space there at the corner of Frank Sinatra and Portola. Whether it's a little bit bigger or a little bit smaller when...it has to do with how (inaudible) what you're talking about is, right, putting something in the open space or the park and rec... SJ Is the way I approach it something that the Commission could live with? 53 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 CF Yes DT Yes JC Commissioner Jonathan, in order to facilitate this, we're going to draft a policy and a program that'll go into the parks and rec element, speaking directly to the additional 25 acre or more community park. In that same language, we can also say that on sensitive view corridors in the university area, additional OSPR lands shall be reserved to the greatest extent practicable. (Inaudible) TN This is Tom Noble again. Shouldn't there be an opportunity for public comment on each of these land use designations? There was one in the original for the blue areas, the business park areas, that was not for the mixed use office professional, and it seems to me, especially these open space and park issues...I don't know, but it seems to me there should be an opportunity to comment on each of these before a vote is taken. SC Yes, you may. SJ Can I just address that, Madam Chairperson. I think that we have had ample opportunity for the public to give testimony with regard to the land use designations and just this morning, we opened the public testimony, we received it, and we closed it. We're at the point where we're having Commission discussion, and I don't think we should entertain further public testimony. I think our responsibility now is to come to a decision and move this forward. Coming back to my motion...do I need to restate it or is it fresh enough in everyone's mind? I was afraid you were going to say that. JL I think she wants it restated. SJ That we adopt the open space land use designations, both parks and public reserves, as indicated in the staff recommended alternative, with a recommendation to Council that they make an effort to create even more park areas including the community park that we voted on earlier and open view corridors as economics and other considerations warrant. And, furthermore, that we incorporate the language expressed by Mr. Criste into the park element of the plan. 54 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 CF Okay, discussion. Although I basically agree with that concept, I just don't think it's strong enough to send the message that we want more open space. I think we need to be more specific as to how much p uc more open space that we want. I don't know that Council's looking for us to recommend to them that we ask them to find the open space. I think what they'd like for us to do is to maybe recommend where we'd like the open space to go. I still believe that the less intense plan that shows 40 more acres is a nice layout of open space, and I think we just need to be more specific and stronger in our desire to have more open space. p SJ I don't disagree in concept, but the problem is that in the less intense plan, part of that extra acreage comes from what is now designated and we know we will be designated as school sites. So if we got into now trying to find areas to designate as open space or parks, I think that that's beyond our reach because that's where I have a problem. If there's another way to make a stronger statement about expanding park space, I'm all for that, but I think if we get in to actually designating areas, that's a difficult (inaudible) CF Well, I don't know about exact areas, but I think ballpark areas. And, again, dealing with acreage. I mean, some people might think an extra five acres is enough, some people might think 50 acres would be more appropriate, and I don't think that that message is being sent in the way that your motion was worded. You know, do we want to see a little more or a lot more open space. SC Mr. Drell, isn't that area also on Gerald Ford there, is that Technology or what...that street that's going to be...that's green right there, too, both sides of Gerald Ford where the high school (inaudible) PD Both sides of Gerald Ford? SC Right. PD No. SC It looks green. Right there. CF The public reserve. SC Right, on the other side. 55 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 PD That is the designated...that would account for, again, roughly about eight acres...those various...public reserves are those (inaudible) areas there. We've got the area up at the Dinah Shore/Portola area, we've got a little bit of... SC That's open space. PD Those are those public reserve corridors...those are the corridor open space areas. SC How many acres is that? You said eight? PD It's roughly about eight. But again, remember, don't get too hung up with this chart. It's showing that...it's a concept of having expanded parkways, in essence, in those locations to delineate some sort of desert character. It's not a construction document for (inaudible) DT The problem I have in trying to use the less intense map is it doesn't show the schools. You've moved a road... CF I know, and that's why I made that point earlier. DT And I guess the point I'm trying to make is that I think the motion is that we're basically stating that given those changes, we're looking at the staff recommended alternative, and then in the strongest terms available to us, stating that we agree with that open space park plan but we also encourage the additional open space parks, and because we don't control the checkbook nor the land in some of these areas, we're saying in the future of the General Plan, we want more space. And that's about as far as we can take it right now, if I understand the concept. PD And the other issue is that, in reality, and I should have done it because I just stopped telling my GIS guy to change the map after every meeting, ten acres of middle school will be a park, so that ten acres could have been added to the category of parks. A portion of the high school site will be a park. So, again, don't get too hung up...I can tell you, when we created the less intense alternative, we did it in about 20 minutes for the purpose of analyzing in very general fashion something, another alternative in the General Plan. We made a lot of quick decisions just to get a variety of things for the EIR consultant to look at. 56 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 CF I guess this is at the point where...1 know that we're working off of the staff recommended alternative where...I guess from the mixed use, the open space, and the residential use, this is where my preference definitely goes to the less intense use map because staff recommended is just too much. DT It seems to me, though, with the amount of land the City owns in this district, that there is some potential for the City to incorporate additional parks into there or engage in some type of swapping and so forth. And I believe that what we're again stating is that it looks like the City has the ability to do it. They weren't the strongest words stating we want that done, and there I would say the staff recommended alternative, except for the 25 acres for the community park, shows the better designation as regard to open space parks. (Inaudible) SC All in favor. JL Aye SC Aye SJ Aye DT Aye SC All opposed? CF Opposed SC Okay, motion carries 4-1. CF The public facilities? You all know that that's what we need? We know they're going to take it if they need it. PD No, the one that's...the public facility that you see down right off of Cook Street next to the park, in my mind it's really part of the park, and it's really...additionally, that park may include child care, it may include a library. The public facility up at Gerald Ford and Portola is the one that's a little more problematic. It's a big piece of ground. The application originally asked for 57 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 it because he thought he was having a church there. It's a very specific designation that if you're stuck with it is, you know, I agree, there may be your open space. But again, I just carried forward what the applicant, the property owner, was requesting. There had been discussions at some time whether that would be commercial at that corner or more generalized commercial. There was some opposition at GPAC to have that commercial that was taken out. The alternative would be to designate those as residential, that whole corner as residential use because churches are a permitted use in a residential zone. SC We don't want to go ahead and put one in the middle of a residential zone. PD Churches historically have been in residential zones. That's where churches are. They're usually at the perimeter of residential zones. That's where almost all churches are. So the answer is yes, we do want to put it there because that's historically where all churches have been. They're a community facility. SC (Inaudible) in that area would be fine... PD So the alternative to making that would be to extend the residential zones into it in some way, which would still give them the option because again...of a church making an application to go into a residential zone because the zoning ordinance allows it. So that would be an alternative to making that such a specialized designation...from the City's point of view we have no plans to do a public facility there, it would be one of these more...you know, again, it was thought of as a church location, but that's...typically in zoning, you don't go out and zone specific properties for churches unless you've got an actual application for a church. SJ I would concur. I don't want to see us limit that pretty important corner to public facility, so I think extension of the residential use would give us flexibility. So as far as a general plan land use designation, I guess I would favor extending residential... PD Medium? (Inaudible) 58 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SJ Yeah. I've got to tell you, I mean, I think that there's a potential there for high density residential if there was to be, for example, if we ended up with a commercial activity right on the corner surrounded by high density then fading into medium, but I guess they can always come in and request a change. JL I wouldn't object to medium residential. PD Again, that could be another mixed use area. SJ Good, I kind of thought about that and I didn't want to say that word, you know, but I do think mixed use can work there, again just giving us the flexibility depending on what design comes in. PD Well, the other thing is that's an area where I would like to see the park bigger. ?? Yeah, that park is shown pretty small. SJ So whatever the wish of the Commission is, but I do think that public facility is not appropriate, so I guess I would change that to some form of residential or mixed use. DT At this time I could live with the residential. I don't know if I'd want mixed use right across from the high school, but it could be a possibility, again, if it's done right. SJ I think just seeing maybe a little neighborhood market right on the corner. You'd have the high school there. (Inaudible) SJ Going back to my younger days, yeah. I guess I wouldn't want to preclude it. It's probably design. I mean, that could be a gas station there, I don't know, or fast food, drive-thru. (Inaudible) SC Or you could go ahead and have medium residential or high density residential (inaudible) 59 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SJ I guess I see a lot of possibilities there, and I don't want to preclude any of those possibilities, again, properly designed. I'll float it out there. I think it's appropriate for mixed use designation (inaudible) the only one. CF Are you thinking that the park in that area needs to be expanded? SJ Very possibly. I mean, again, let's say for example, somebody came in with high density there and they incorporated an extension of the park, that might sell me. Again, properly designed. SC High density and a park, yes... SJ And you've got high density on one side and medium on the other and then a park in between the medium...you know, there are some possibilities, and I think you're just...again, where I see mixed use coming in as an appropriate designation is where it's an area surrounded by a hodgepodge of uses, which is exactly what we have here. So, I'd suggest medium use instead of PF, public facility. CF So just extending the medium use north. SC So then we can do without the one on the corner of Frank Sinatra and Cook, right? SJ I didn't hear the question. What? SC If you're making that mixed use, we'll go ahead and eliminate the one on Cook and Frank Sinatra. SJ I didn't make that suggestion. No, I would just say replace the PF on the corner of Portola and Gerald Ford with MU. CF You're saying with mixed use now instead of medium density? SJ Right, mixed use which would give us the ability to allow a combination of high density, maybe an extension of the park, maybe a commercial project right on the corner. Or if somebody came in with a medium density project, if it's appropriate, put it there, but...yeah, I'm suggesting mixed use for that corner. 60 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SC I would rather see it medium density and high density in the back. CF Is that a second? SC Well, do we have a motion? SJ I'll make it a motion, yes. SC Okay. JL Second. SC Discussion? DT The mixed use might work. I think the medium density across from the school. It's a tough one. I think it would have to be well designed and implemented properly, so if you're looking for that availability in the future, I would support the mixed use, although again, I think where it's going to be it has to be very well done. SC Okay. We have a motion and a second. All in favor. JL Aye SJ Aye DT Aye SC Opposed? CF Opposed SC Opposed (Inaudible) SJ Quick question for staff. There's another PF area designated on the northwest corner of Portola and Dinah Shore. PD No, that's an Edison site. That's an Edison transformer. 61 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 CF Okay. DT So we can't vote that out? PD Actually, we're trying to figure out a way to move somewhere because it's kind of in an odd location. CF Okay, so then the rest of the public facilities, the 58 acres and the 192 for the university? JL Do we have to have that university there? CF I'll just have a motion that we concur with that. JL Second SC Any discussion? All in favor. (All ayes) SC Opposed? None. Motion carries. CF Okay, so now we get to do the low density, medium density, and high density. SC Which one did you want to start out with? CF Well, I guess what I'd like to see is the medium density increased, the high density...medium and low increased, high density decreased, off of staff recommended alternative. SJ (Inaudible) CF I'm looking for an increase in low density to the staff recommended and increase to medium and a decrease in high density. I think that... (Inaudible) CF I'm sorry, a decrease in high density. 62 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 (Inaudible) SJ You're looking to target the less intense, more or less. CF I'd like to increase the low density and increase the medium density but decrease the high density. A perfect example is in that area, if we were to have 1,832 units, with a potential of more units in that mixed use, we'd be looking in that one area alone over 50% of the units of all residential would be high density. And I just think in that area that is way too dense. SJ I guess what I'm asking is are you favoring the less intense alternative (inaudible) more or less? CF I'm favoring the less intense; however, you'll notice on the less intense the low density had reduction of roughly 100 units. SJ That's right. CF And I would not want to see that. SJ Okay. CF I like the fact that there's more medium density, but I still think we have too much of the high. So I'd like to pull some of the high and put it, I suppose, into the low. I guess what I'm looking at is around 1,000 acres of high density out of the 4,300. SJ 1,000 units you mean? CF Yes. Sorry, yes, 1,000 units, yes. JL That would bring our total number of units actually below what is currently in the General Plan. PD Remember, you take a few acres out of high density, you lose lots of units. Remember...if your goal is to preserve open space and still provide housing for people, when you eliminate high density and spread the units out, you're eliminating open space, simple as that. The more you spread out housing, the more open space is destroyed in this valley. 63 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 CF I understand that, Phil. SC To begin with, on Frank Sinatra and Cook, north of Frank Sinatra, where we were talking about the mixed use there on the corner of Cook... CF Right. SC ...and eliminate that medium density and also I would like to eliminate in that area the medium density right on Portola right across from the low density on the west side, the little area right there. CF I'm not clear. SC Okay. Right at the end, then, of the golf course... CF Right. SC ...you have the street and then you have medium density... CF Okay, so north of the golf course... SC Right, I would eliminate that and make that low density and make the low density next to the mixed use right here too on the... CF Oh, I see, so the low density would flow... SC Right. CF ...diagonal. SC Right. CF And then what about the medium density that is just east of the low density? SC That would be behind the commercial there? CF Yes. SC Okay. 64 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 CF Do you think that's an appropriate buffer? SC Not that one, the other one. CF The other one. Okay, so I guess my concern is then we would have high density abutting low density. SC No, there's no high density there. CF But...okay, I'm going up, I'm sorry. Okay, at the corner of Gerald Ford and Portola we did the mixed use, and east of the mixed use is high density. If we were to change that medium density to low density, then you would have high density abutting low density, correct? SC No, I don't want the high density abutting low density. CF So we'd need to do something else in there. I mean I understand what you're saying about having that diagonal flow of the low density. My concern is the high density abutting the low density because I don't know what kind of low density development we'd get that would want to have housing backed up to apartments just due to the noise alone. SC And you can't have that because it's also going to be two stories probably. CF So we may need to have some buffer in there, a mixed use buffer. BH If I could just comment for a minute. There's a strong policy under State Planning Law at this point in favor of housing, and if we take actions to diminish the opportunities for providing housing, we run contrary to the trend and we have to make special findings under recent amendments that went into effect. Just keep that in mind. It would be somewhat more defensible overall at least if we maintain the current level of housing opportunities within the General Plan. CF But the current level of housing existing is 4,047, is that correct? PD Correct. For this area, although we've... CF And so we're not suggesting that we decrease it. 65 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 PD The suggestions...you only have to take out 10 or 15 acres of high density, and you've already accounted for 300 units, and if you're taking out what I describe as most of the medium and the high, then we're down to about 2,000 or 2,500 units probably. Again, what I heard Chairman Campbell describing would probably get us down to about 2,500 units. I saw almost...so again... CF Well, we just set aside the possibility with the public facility there at Portola and Gerald Ford for the possibility of more medium or even high density. PD No, but again, that is at the discretion of the property owner. We can't force them to... CF I understand that, but we can't force anybody to do anything. They can always ask for change of zone, so... PD But we don't have to grant it. We're designating what we feel is the appropriate mix and most importantly, relative to housing, what is the appropriate level or numbers or general range of housing. And remember, in the plan before you, five percent of the land area is high density. Now, it's very efficient. You're housing a lot of people in a very little piece of land. But again, it's not...you're talking about projects that are One Quail Place and less. In most jurisdictions now, high density is 40-50 units per acre. Our version of high is what many jurisdictions' version of medium, and our version of medium is what many jurisdictions now believe to be low. So it's a matter of efficiency of using the land you have to house reasonably the people you need to house. And, again, if you don't house them here, they will be housed somewhere else. DT (Inaudible) what the City Attorney said. Are we dealing with some number that is mandated by State, given the amount of land we're dealing with? PD There's a new State law that says if you act to decrease the amount of housing, if either the City does it or even if an applicant proposes it, even a property owner...we used to give people medals if they...if it was zoned for ten and they built two...that's now against State law. We have to designate...since it's acknowledged that people have to live somewhere, and if one community decides that we're not going to live here, then...again, it's a zero something game, people have to live somewhere. And so as part of their...the goal of having all communities bear their fair share of housing 66 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 needs, they're saying at least don't, when you submit a general plan or housing element which designates a certain amount of housing, once you've done it you can't decrease it. DT So in effect we are tied to some degree to that number that was derived in the previous general plan. PD Yes. CF We need to have at least 4,047 units, correct? PD Yes, and the housing needs to be a mix of types, consistent with meeting the needs of economic diversity... BH I wish, frank) that we hadgone over the housingel ement e ement before we entered into this land use discussion because you'll see how, of all the elements in the general plan, one of the top two or three by which we are really constrained by State law is the housing element. And as you know the City has had to solve some housing issues over the last few years. The GPAC spent a lot of time on this, a lot of time on this, and there was not a universal agreement, as everyone knows. But there was also the discussion of the context that we have created for ourselves up in the north end, the tremendous infrastructure advantages, the accessibility, all these synergies that exist, and the need we have created as well to provide for housing because we are essentially continuing to generate a tremendous number of jobs in a range that cannot afford a lot of the houses we have available. We have...the preferred alternative is a substantial movement in that direction. The staff recommended alternative backs up substantially from that GPAC recommended alternative. I would, frankly, conferring on behalf of the City, would say that a further reduction in these medium and high density units in this area is counter to the overall feeling that the City has had, the overall trend of land use patterns here and the intensities of development, and the very facilities, physical and infrastructure facilities we have to serve this area. So with that in mind, I think you'd need to really think about how you proceed on this matter. JL Would it be appropriate to go through the housing element now? (Inaudible) 67 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SC But again... PD But this simple answer is...is that, and this is something that is coming down the line in the next housing element cycle, which is actually coming up on us very quickly, that in the last cycle we got off very easily. I kind of...they got the estimates on growth from me in determining what our housing need was for this housing element. The new cycle is coming from a fairly sophisticated housing forecaster based on the 2000 census. And the housing need numbers are going to be significantly larger than probably we've even accommodated in this plan. And in discussions with the State that we've had, when cities have said well gee whiz we don't have enough room left to build more housing, the State's response has been well that's the result of your bad planning, find a way to accommodate it, this is your fair share. Because, again, it goes back to the point that when you create jobs, you're creating a demand for housing. Those houses have to go somewhere, and the State is trying to make sure that every community shoulders their fair share. If every...and doesn't just push if off onto the County, which is another thing that's been happening traditionally. So...you know, that's kind of the short version of the housing element is that we've committed to, and the State is now mandating, that cities don't decrease the opportunities to build housing for...especially when you're the economic engine that's generating the need for it. SJ Mr. Drell, the residential low density indicated south of Gerald Ford west of Portola that you marked off as formerly being designated for a golf course, is still owned by RDA, is that correct? PD Correct. SJ Wouldn't RDA be more likely to develop high density than low density housing? PD It wasn't my assumption, or our assumption, the RDA would necessarily continue to own it. There have been all sorts of, actually, proposals to trade land and things like that. Unfortunately, the one property owner that I haven't heard from throughout this entire discussion is... SJ RDA? PD ...the RDA. 68 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SJ But if we maintain a general plan land use designation of low, they, like any other developer, would have to come in and request a change of zone... PD Correct. SJ ...and so forth and a change in the general plan to do anything differently than that. PD Correct. SC I don't think Shadow Ridge would like high density right there next to them either. PD Remember, Shadow Ridge is high density. SC Well... PD They're the one with three-story residential units... (Inaudible) SJ ...big area, though. SC Okay, so the area there I was talking about with medium density up there on that corner, if we do that low density and then we can go ahead and change that area from high density then to medium density, and then all the high density on the east can go ahead and stay there because it would be across the street from whatever street... CF Are you suggesting that the guys maybe rethink their motion of the PF to mixed use and instead make that medium density? SC Well, that's what I was thinking to have it be for medium density and high density, that's what I wanted back there. CF Somehow I thought that's what you were thinking. SC That's what I was thinking. DT I don't think you meant the guys, you meant the other Commissioners. 69 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 JL I think we've been living together too long here. Well, for the sake of conversation...okay. CF Okay JL Looking at the staff recommended alternative, land use pertains to the residential as...and I'll look first of all toward the area that's residential low density next to the park, golf course, Desert Willow III, whatever it's going to be. As you look at that particular area's focal point for me anyway, in looking at...it goes to medium density on almost all sides and then across the street you go to high density which we're going to need, and then across the street from Portola you have low density, across the street from that on Gerald Ford low density, then that transcends into medium as it gets down the business park there...I think the flow just makes sense as you look at it. I'm not looking at the numbers of units or the acreage, I'm just looking at the map itself and the layout of the property as it pertains...mixed use as we did on the corner there. All of the flow just makes sense as you look at and envision what will be developed in the future. You don't want to have, if at all possible, you don't want to have high density next door to low density, but in the case that you have a street that breaks it up, I don't think that's going to be a problem. And when you have commercial next to high density, that makes sense. When you look at how the whole area flows, it just makes an awful lot of sense on the staff recommended alternative. SC Okay, I don't have any problem with Gerald Ford and Portola on the west side. I think that's fine the way it is. My problem is where I was speaking right now is you know where Desert Willow would be, just that area, is just too much. You have a nice corner at Gerald Ford and Portola on the southeast without having high density right there too, and have the low density and medium density and the high density where it is and change the, again, the medium density where the mixed commercial is by Cook and Frank Sinatra to the northwest corner. That too low density. There's too much of a hodgepodge up there on the corner. SJ I think I have to concur with Commissioner Lopez. The GPAC alternative came up with 6,000 residential units. The staff recommendation is for about 4,400, which is a significant reduction in the total number of units. The location of the high density residential in the staff recommended alternative to me is, I think, logical. For example, as we move east from Monterey, we've got high density residential next to regional commercial projects. 70 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 We've got it across the street from industrial business parks. As we continue past Portola, we've got it transitioning from medium density residential and abutting community commercial. So the areas designated as high density residential make sense to me. A part of me definitely wishes that we didn't have to have any high density residential because a part of me is aware that those tend to be the high crime areas. I remember a Biology project that I did as a kid, and the more densely you packed rats in a cage, I mean they started eating each other, becoming violent and so forth. And that has applied to human civilization. The more crowded and dense you put people in, the worse the situation. So, you know, part of me is, you know, scared of that aspect, and I think that there is some of that that we're all kind of thinking about. But I think that we'll be able to deal with that. I think that if we control the type and quality of high density residential, we can overcome many of the problems. I hope so. But I guess on the other side of the scale, we are creating demand for high density residential, not to mention residential units period. We're creating a university or enabling the creation of a university which, by the way, is a regional project. The university will serve the entire desert from, I think, all the way from Beaumont through to Mecca and possibly beyond. So there is joint and shared responsibility for meeting the demands that are created by that development, but at the same time I think the City of Palm Desert needs to do its share. The staff recommended alternative, in my mind, strikes a nice balance, is logically designed, and is one that I can support. DT I have a question. Having read so much and just being inundated with the reports and so forth, I'm confused by the comment that we haven't heard the housing element report. Could you clarify that? PD Well, we did, but we did it, like, a year and a half ago. Remember the first thing we did, we actually reviewed and certified and approved the housing element right at the beginning of the process because of the time line that we had the legal requirement we had to meet. And the housing element has not substantially changed since then, so...you could obviously read it on your own, it's in the document, and it's one that's technically already approved. So it's not...it's a very simple...you know, the State housing law is a very simple thing, and its objective is very simple, to try to get cities to house people. That's what cities are for. In finding the trend partly created by Prop 13, which makes housing not as revenue generous as other uses but to say that to balance that cities still have to have that publication. So that's really what's in the housing element. And then it was complicated by the fact that 71 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 in the interim the State law was passed that said what you commit to you can't change, you can't decrease, you can't lower your obligations at the very least. CF I don't favor the staff recommended alternative for the main reason that, as I stated before, over 50 percent of the units in that area would be high density. I am concerned about traffic and the congestion. It's extremely too dense. I do prefer some version of the less intense plan, which actually results in 50 fewer units than the staff recommended. And the reason that I like the less intense plan is because of where they've located the high density, and it's less of it. Going back to the staff recommended alternative, the area east of Portola and south of Gerald Ford, to me all that orange is just way too much high density in that area. I feel that in the less intense use, you have high density spread out much better. The changes to the less intense use that I would make, though, would occur in the area just northeast of the proposed third Desert Willow where you see the low density, and I would make the change in there that, kind of south of the low density, I would increase the area of low density and then change the medium density going east again, include the high density in the medium density. Then when you move up on Gerald Ford, where you've got the big block of medium density, I would have some of that as high density residential. I don't know if I lost you all on that. Essentially, northeast of the third Desert Willow, where you see the low density, increase that to incorporate the medium density so that you have all low density bordering the golf course, then take that medium density... SJ I lost you right there. You're saying change the low density or change the medium density? SC Change the medium density. SJ To low. CF To low. SJ Okay. (Inaudible) 72 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 CF (Inaudible) portion thereof and make that high, and that way you eliminate that solid group of high density that I spoke of earlier east of Portola, south of Gerald Ford, but I believe the City still fulfilled its responsibility to provide housing, but I think that the key, at least for me, from the congestion and the traffic point of view, is to space it out. And I just feel that the less intense use did a better job of spacing out the high density. I think it did a fairly nice job of the medium density, and like I said,just that one little area to increase that to the low density, and then it kind of, I believe, would flow better than the staff recommended alternative. SJ Could I ask you something, then. If I'm reading you right, if we looked at the staff recommended alternative,what you're really doing is taking the big area of high density residential and breaking it up so that a part of it remains high density but a part goes to medium density? CF Yes. SJ I think if we look at the staff recommended alternative, that's really the only change to their plan is converting a part of that area from high to medium. PD If you look at the less intense alternative, its primary characteristic is it's dominated by medium density. The reason why we're able...the reason why the total number of units is the same, 4,300, is it's got less high density but it also has less low density, and it made it up with the medium. But if you...anytime...but if you...in our staff recommended alternative, the low density has already been increased substantially. The medium density has been decreased, but to maintain the 4,300 units, that's where the higher, the greater number of high densityunits. Anytimeyou increase the low density, g Yt the only way to maintain the units is to substantially increase the high density. And that's what we were trying to get away from. If you want to effectively decrease the high density and maintain the same number of units, you're going to have to decrease the low and increase the medium. CF But I'm already increasing the medium, Phil, because I'm looking at the less intense use, which deletes that acreage for that church area, and I would be making that medium density... PD But, again, that church...that still might be a church. 73 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 CF ...that portion high density. I know, but what I'm saying is you don't necessarily have to pull it out of low density, you can pull it out of that mixed use area where you have that flow as it's shown in the less intense use of medium, but then you take a portion of that, the upper portion, and you make that high density residential. So I think... PD Do you have a drawing you can show me? CF Yes, do you want... PD (Inaudible) Let's start with the staff recommended (inaudible) DT Should we take a five-minute break? SC We're taking a five-minute break. PD I guess the other issue is that...back to the concept of a general plan...is that...another thing that impacts, especially the area of Frank Sinatra and Portola and Cook Street, is it's a hill. A good deal of real estate is going to be taken up by transition, flow transition because from the corner of Gerald Ford and Cook to the beginning of the golf course, which is about the peak of the slope, there's 80 feet of fall, 80 feet of rise. I believe the balance of the various categories, I think, is correct, whether there's going to be some tinkering with the distribution a little bit as Commissioner Finerty is describing. SJ Let me ask you this. You know that large area that Commissioner Finerty was talking about that's all high, if we converted a portion of that to medium, can we make up for it...you see where you have low residential north of Gerald Ford, west of Portola... PD That property owner isn't here. SJ Because, I mean, that's across from the school. I just wonder if we could...because I think breaking up the mass... PD Yeah...as you see...I will agree that the balance that you see in the less intense alternative is a balance I like better. It's got...it's more...and the reason is I do like single family neighborhoods as a rule, and whenever I can solve housing problems with single family neighborhoods I think that's a 74 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 positive. The problem is that the pressure from the current marketplace and what's easiest to develop is low density, short-term. And the balance that you see in that plan was, to a certain degree, driven to better accommodate today's...the demand from the property owner, the desire of the property owner is to build more low. And so, that's what drove the increase in the high density. If by expanding the medium into that area, I have no problem at all looking for other places to put high, as Commissioner Finerty has suggested, that a piece of that medium density south of...it would be 35th and Dinah Shore, part of that can go to high to make up for the high that is converted to medium in the Cook Street area. That's...again, I agree with her that that mass of high between the Spine Road and Cook Street and Gerald Ford is a good candidate to reduce in size, with increasing the...and the nice thing about medium is, remember, apartments tend to be built in blocks. Medium, all you need is one street because medium is basically a single family conventional lot product. SJ What's Indian Creek Villas? Is that medium density? PD That's medium, that's probably... SJ In between medium and high. PD Yes, it's probably close...it's maybe 10 or 11. SJ Yeah, you've got...but that would be on the upper end of medium. PD Upper end of medium... SJ ...lower end of high. PD ...yeah, lower end of high. DT What is Desert Rose, then? PD Desert Rose is at seven. Desert Rose is in the middle of medium. SJ And the difference there is that's single family residential, whereas Indian Creek Villas is two stories. ?? Fourplexes. 75 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 PD The difference is... SJ Yeah, two story fourplexes. It's pretty wide open, and it's a mixture of rental and ownership. PD Yeah, technically it's all...they re all condominiums, but a good percentage of the condominiums are rented. What medium...Desert Rose is a good example of medium. If we were to do that over again, I would find a way to detach them but build two stories and add...to get the size of what the marketplace wants and the product that's now being built... DT What is the procedure from here if I'm reading the Commission that you'd like to somehow break up that block of high without, again, playing with the totals. I mean, how much tinkering can we do here? PD Okay, what I suggest, and we've made progress today...we're going to have to come back next meeting anyway to finish the EIR and give you the final resolutions. We will work along the lines that Commissioner Finerty has described to break up the mass of the high over there and try to distribute it a little better, keeping the 4,300 units generally. And we can come back with maybe two or three more alternatives for the next meeting to adopt with...we will be bringing back to you the resolutions for both the general plan and the EIR, and we'll try to incorporate all the various changes you've already talked about in the text, with some alternative exhibits to attach to the resolution. SJ And our objective there will be to break up the large mass of high density residential between Cook and Portola and replace it somewhere probably north of Gerald Ford. PD Yes. SJ Okay. And to end up with at least somewhere around or between the mix in the less intense and the staff recommended alternatives. PD Correct. SJ Yeah, in that ballpark. PD About 4,300 units. 76 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 DT Just to completely muddle it up, though, let me state that I'm not opposed, that I'm not opposed to higher density going in closer to CalState. Again, done properly. I've heard some talk about the medium density that's north of Frank Sinatra there. In my mind, that might even be something to look at as far as high density. Even though the City's talking about a future golf course, the northeastern shown low density maybe might be better for medium or higher density. So I guess I'm saying that I agree with the overall concept. I think we're heading in the right direction, but I'm more open to where we break this up, space it out, given the confines that you're dealing with, though. PD We will get back together with the property owners again...believe it or not, I actually do try to accommodate them, and see if we can come up with some...a little bit of tweaking to accomplish those goals. SC Okay, and so that will be on our next meeting, then. And it will be for 8:30 again in the morning. Because this evening, we're going to go ahead and resume just our regular public hearings. We're not going to be working on the general plan this evening. PD I don't think so, no. SC Okay. PD Well, it's 11:30. SC It is 11:30. PD The only question is...we didn't go over the park and rec element. I don't know if you need to. You can just read it and if you have questions, maybe...but I don't think there's any... SC I think we discussed parks already too. PD Yeah, I don't think we need to deal with that any more. The same thing if you want to listen to the fiscal...basically it does a financial analysis of various....of the plan and how City revenues match potential costs. We're still projected at (inaudible) DT Is there anything new from what we've had in our reports. 77 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 PD No. DT Okay. SC Okay. SJ Just one last thing. As you go back to the drawing board with the map, the area on the corner of Gerald Ford and Portola that we designated earlier as mixed use, I would still like to see mixed use on the very corner, but if you needed to take a portion of that square and make it high density or medium density or whatever, I can live with that. It's just the very corner that I would suggest remain mixed use. PD It's ten, we can make it five. SJ If it works out. If you look at it and say no, that's (inaudible) CF Since you're coming with various alternatives, that could be one. PD Sure. CF Okay. Are we adjourning until this evening? JL Quick question. The items that are on the staff report that was given to us that we did not get to...such as circulation (inaudible) cross section...it seems like that would require...some of these require action pending...some of the items that are action pending items...are we going to address that this evening or should we continue for another half hour and knock these things out? PD Why don't we try to knock those out. JL There are some things that are left...for instance, well the north district plan area... SJ I do need to leave at 12 noon. JL And I do, too. 78 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 JC The remaining...well, first I should ask if there are any questions about the status on items that we identified that Planning Commission had taken action on. Any questions at all or corrections or anything of that sort? They run down to...well, starting in page 3, in order to address the issues of land use policy with regard to the Alessandro extension, you'll note that we drafted the policy and the program, which pretty much covers everything, and we're going to incorporate some of that language into the text of the General Plan land use element itself as well as the policies and the programs. The next issue, then, had to do with, that we hadn't taken action on... SJ North District Planning Area? JC Yes, and maybe what we...rather than...maybe it might be best to skip directly to the circulation items rather than more of the land use items because on page 5...those we can knock out pretty simply, pretty quickly I think. The Public Works staff, Planning staff, and our consultant, we all worked together on the...looking again at the street cross sections and the circulation plan, and staff recommended some minor amendments to both the classification map and to the standards which have been incorporated in the materials you now have. I would ask that you find those acceptable so that they can be forwarded with the draft general plan to the City Council. CF On circulation, I'm not pleased with policy indicating that we're still accepting Level of Service "D". JC Right, that's the next item. CF Okay. JC This item is really just on the master circulation map. CF Okay, then I'd move for approval on that. JI Second. SC All in favor. All ayes SC Opposed? None. Motion carries. 79 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 JC Thank you. The next item, then, refers to the item that Commissioner Finerty was speaking to, and that has to do with trying to find a way of bridging this language between the standard that we ideally would like to have of LOS "C" while giving us enough flexibility with regard to the Level of Service "D"which is in many instances what we're probably going to end up with because of practical constraints. To address that, what we did was we modified or provided modified language for the policy, and then for the Policy 1 and Policy...or actually, I should say Program 1A. No, I guess it's Policy 1A. Essentially, the City will make a good faith effort to achieve Level of Service "C" along roadway segments and for peak hour intersection operations and LOS "D" shall be acceptable in instances where or when physical constraints, land use compatibility, or other urban design considerations make achieving LOS "C" impracticable, it should say. DT I think we're playing with semantics. I think, given the previous reports and the traffic studies, this is probably the best we can hope for. Strong statement saying we want Level "C" but we acknowledge that Level "D" sometimes because of certain constraints will have to be accepted. And I think that's just a terrible reality, but it is that. CF You know, our neighboring cities like Indian Wells and Rancho Mirage, they're at Level of Service "C". JC I'm sorry, I didn't... CF Indian Wells and Rancho Mirage, aren't they at LOS "C"? JC LOS "D". CF They're at "D"? When did that change? JC When we did Rancho Mirage's general plan, it was adopted Level of Service "D" as an acceptable Level of Service. CF I know La Quinta went to "D", but I'm just not ready to drop our standards and quality of life. JC No, I understand what you're...the dilemma. 80 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 PD You know, the issue is that having 8-10 lane arterials, even if it's achieving Level "C" for overall quality of life is not necessarily the case. There are other urban design considerations. We're not going to have...we're not going to interlace this entire valley with freeways just to achieve Level "C". There are other urban considerations other than traffic, and that's what's being acknowledged here. JC These are also peak period... SC Peak period (inaudible) JL The language that's incorporated more specifically in Policy 1A and in general in Policy 1 is basically (inaudible) instructed staff to do. That was the language that basically (inaudible) good faith efforts to achieve Level of Service "C". Impractical it was "D". CF I thought we had said that Level of Service "D" would be acceptable in peak hours. JC That's correct. CF And I don't see anything about peak hours, but I see a lot of wiggle room on other urban design considerations and physical constraints and land use compatibility, and I was under the impression we were dealing with just peak time. I think that's what I had heard Mark Greenwood say, that that's when we would be having the problems staying at Level of Service "C". JC That's correct, and the wording references maintaining during the worst time of the day, the most heavy traffic periods, that our good faith effort would continue to be "C", but the default would be permissible at "D". And that would be during the worst, heaviest, travel times of the day. CF But it says that "D" is acceptable when physical constraints, land use compatibility, or other urban design considerations...I just think, why do we even need that sentence? PD Because that is a decision that we make where to achieve Level "C", we have to say put in 8 or 10 lanes, well no, at this location we don't want to be running a 10-lane highway across in front of an elementary school. Or again, there are other quality of life criteria that we use other than traffic, and when 81 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 the requirements of achieving Level "C" start impinging on those other ones, then that's when you make that decision to say well in this case, we'll accept Level "D". CF I know, but I don't...the direction that we gave back at, I guess this was at our November 18' meeting, this is at least when the first Policy 1A was given to us, that's the date on it, I don't see hardly any difference between that and the new Policy 1A dated December 2nd. It's almost word for word. JC I did my best. CF I don't doubt that you did do your best, John. I'm just saying that I remember my concept of the direction we gave, which may be different than the other Commissioners' concept, but I'm not seeing much change in language. Maybe a few words were taken out and maybe two or three were changed, but that's it. JC Well, it's a short policy, so if you have some specific language in mind that you'd like me to try to work in here, I'll be glad to try and do that. CF Well, I would just like to take out the second sentence. When we say the City shall make good faith efforts to achieve Level "C", fine. We're not...we're making the good faith effort, that's true. I strongly disagree where we say that Level of Service "D" shall be acceptable in instances. We've got too much wiggle room in there where we can just slack off and allow, you know, Level of Service "D" to exist. SJ What if instead of saying acceptable we said allowed. CF It's the same difference. SJ Well, I think the word acceptable implies maybe what you don't like, which is it's acceptable. PD Maybe we should change it to tolerated. JC Or can't we just get along with a Level of Service (inaudible) DT This has to be a tradeoff. There is no perfect solution to this. If you want Level "C", you're going to be talking about taking some roads and making 82 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 them 8-10 lanes. The reality is we would never allow that. Since traffic is going to flow where it wants to flow, no matter what kind of barricades you put up, we're going to live at times with Level "D" and I'm even sorry to say there are Level "F's" going on in the City right now. So we can play with this all we want to, but it's going to be a fairy tale. The truth of the matter is, the reality is going to dictate to us that we have to live with certain traffic problems so that we don't impact other quality of life that we also find highly desirable. JC And the purpose of the language was in fact to put the decision makers like you on the hook rather than to give you an out, both sides actually, so you have to rationalize why you are finding, you know, the LOS "D" to be acceptable in a given situation. CF Why did you take out the part at community build out levels? PD Because we should be achieving...our goal is to achieve it all times, not just at build out. I mean, basically, by taking it out it means it applies always. I took that out because, again, to me our goal is not to say oh well, we'll be suffering until we get to build out and then we'll fix it at build out. The goal is to...should be occurring uniformly throughout time, not just at the end. DT I would make a motion that we approve the Policy 1A as stated by the staff. JL I'll second it. SC Any discussion? Okay. All in favor? JL Aye SJ Aye SC Aye DT Aye SC Opposed? CF Opposed 83 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SC Motion carries 4-1. JC The next item had to do with concerns that the Public Works staff had about the truck route policies, so you see we've abbreviated it and added language regarding major roadways to the greatest extent practicable. And as Mark can speak to the issue, there are limits on what the City can do to control this sort of thing, but rather than being specific to streets, they felt this gave them more latitude to manage the situation. DT I'd make a motion to approve it. SJ Second. All ayes SC Opposed? Carries. JC Next item is really an information item. Again, it had to do with the widening of Monterey Avenue to six lanes. There is a program to do that, and as you also know, our neighbor next door, Rancho Mirage, is about to engage in a focus study. It's really more of an information item than anything else. This is also true of the Portola Avenue interchange. SJ Do you need action on Monterey Avenue? JC No, not actually. SJ Okay, it's just for our... JC Yes. SJ Alright. JC Further discussion if you'd like. Staying with Portola Avenue, this is a project that the City is moving forward with with CalTrans and with the County, and it will greatly enhance our access and improve circulation in that active area in the north end. SJ And eventual, in terms of a connection to Interstate 10, means five-year time horizon? 84 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 JC That's a very good question. Given the current budget constraints, it could be, easy, a ten-year wait before we saw approaching a development phase on that. SJ Is that out best guess at this point? JC It is my best guess based on mostly the funding constraints we have at the moment. We've lost out STIP money pretty much universally and it's going to be...other projects are in the pipeline right now for interchange monies under the CVAG TUMF program. In response to concerns raised about how do we manage the streets being torn up by utility providers, we added a policy that the City shall confer and coordinate with utility providers regarding work on utility infrastructure within the City street rights of way and shall monitor traffic control and construction repair to assure minimum traffic disruptions and acceptable pavement restoration. And you can see we have a program to effectively make sure that happens, and we have named all the potentially guilty parties. CF Do you want action on that one? JC Please CF Okay, move for approval. JL Second SC All in favor All ayes SC Opposed? None. Motion carries. JC Finally, we...at the request of, I think it's a staff person, we have, regarding some of the social programs, in this case child care services, it was requested if we could add something explicit to the...and we're proposing, I think, for the public facilities, services and facilities element, a new policy that would state that, quote, the City shall encourage the availability of adequate, convenient, affordable child care which is accessible to all economic segments of the community, and the program that in consultation with service providers, the City shall proactively participate in planning and 85 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 coordination that improves and expands the availability of child care services in the community. And that requires action on your part. DT That is such an innocuous kana (sp?) that it's hard to argue with; however, I have a couple of questions. The first one is what does it mean, both dollar wise, and does it then state that essentially we're going to have more lenient zoning for child care facilities or allow them in the neighborhoods or what exactly does it mean? JC It means that the City is on record that they recognize the importance of child care and when there are opportunities to facilitate its development in an appropriate manner, that the City will actively engage in helping to facilitate that sort of thing. DT And why is that a part of the Planning Commission...Planning thing...plan, and then also, again, go back to what does it mean? More lenient zoning? Does it mean expansion of dollars? JC It may mean neither of those things. It may mean simply that Community Development staff or Social Services staff in the City are more actively engaged in assessing and, you know, for instance the City supports programs...the YMCA, which is hosted in the City and has child care programs all over the Valley. The City has and can continue to actively facilitate those being available. And it doesn't necessarily mean additional staff or additional monies, but there are programs already where the City does help, and it was thought by staff that maybe we should be official about it and go on record as a policy for the General Plan. DT Are there other quality of life policies we want to incorporate, then, at the same time into this or... JC In regard to other issues, I think throughout the General Plan, we have... ?? Lots of them. JC ...a lot of quality of life items, and this is just kind of one of those little niches that we didn't really focus on a lot in the public services and facilities. DT So essentially we're adding something that we may have (inaudible) 86 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 JC Exactly PD And most directly, we're engaged right now in a nexus study for a potential development fee for child care, and as part of that, they're doing a master plan, and in order to do that sort of thing, you have to then...it has to be reflected in your general plan. Whatever you do, new fees or new impact policies, you have to support that with something that's in your general plan. CF Okay, so developers that want to put forth an application in the City, they're going to be asked to put up a fee for child care, like they do for art in public places? PD We're doing a study to see if that's appropriate. This is something that was initiated by the Council, and it is on the table...that is what the study is about. But part of it they're doing a whole master plan of trying to be proactive in promoting child care. CF But we are proactive (inaudible) at Desert Rose, right? We have child care there. PD We went and built a child care center, yes. SC So then we would be looking at high densities to have a child care facility in high density areas? PD The plan does show...that's what that PF is on that plan...a potential use in PF areas is child care, yes. I mean, we have child care over here in the Park. The Park & Rec, so yes. SC Right. SJ I guess what I'm having a problem with, I certainly don't take any issue with the City adopting a policy of encouraging or facilitating, you know, child care, but I'm having trouble seeing where that fits into the General Plan. You know, unless we're going to create a use designation or... PD No, there's a lot more to the General Plan than the land use. If you look at all the elements, there are all sorts of general administrative policies that have nothing to do with land use or... 87 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SJ Well, but they do. PD No, for example we have a policy relative to the ratio of police to the population. It's not a land use issue, it's a...the General Plan is not just a land use document. It goes...if you read through a lot of the elements, a lot of them have relationships to land use but a lot of the policies are more general City administrative. SJ I see what you're saying. JC And they range even as far afield, if you will, as arts and culture, where the City's very actively engaged because it's been part of the quality of life, so... SJ I see what you're saying. Thank you. JL I'd move for approval. DT Second SC All in favor All ayes SC Opposed? None. Motion carries JC It's noon, as you can tell by the bells. Ask not for whom the bell tolls. And have we decided whether we are going to continue the item to this evening or to next... SC No, we're going to continue to next... JC Next hearing. SC Yeah, the next hearing, the next meeting will be... CF The 16th SC The 16th at 8:30. JC That's all I have, then. 88 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 2, 2003 SC Okay. CF Motion to adjourn to tonight at 6? I guess that's what we're doing? SC Second JL We're meeting tonight? JC And you want to continue this item to your... CF We just adjourned. JC You need a motion to continue. CF Okay, a motion to continue the General Plan public hearing until December 16th at 8:30 SC Second. All in favor. All ayes SC All opposed. Motion carries CF I'll move to adjourn. JL Second. Action: It was moved by Commissioner Finerty, seconded by Chairperson Campbell, by minute motion, continuing GPA 01-04 to regular meeting on December 16, 2003 at 8:30 a.m. Motion carried 5-0. V. ADJOURNMENT It was moved by Commissioner Finerty seconded by Commissioner Tschopp, adjourning the meeting by minute motion. Motion carried 5-0. The meeting was adjourned at 12:02 p.m. PHILIP DRELL, Secretary ATTEST: SONIA M. CAMPBELL, Chairperson Palm Desert Planning Commission 89 1 SUBJECT TC �� ��•; MINUTES Rr;VISIQN ADJOURNED MEETING : t �jV f PALM DESERT PLANNING COMMISSION , '••:;; 3 VS,iO4•, 8:30 A.M. TUESDAY - DECEMBER 16, 2003 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER Chairperson Campbell called the meeting to order at 8:32 a.m. II. ROLL CALL Members Present: Sonia Campbell, Chairperson Sabby Jonathan, Vice Chairperson Cindy Finerty Jim Lopez Dave Tschopp Members Absent: None Staff Present: Phil Drell, Director of Community Development Bob Hargreaves, City Attorney (arrived at 8:47 a.m.) Steve Smith, Planning Manager Mark Diercks, Transportation Engineer Phil Joy, Associate Transportation Engineer Tonya Monroe, Administrative Secretary Also Present: John Criste, Terra Nova Planning & Research III. ORAL COMMUNICATIONS None. IV. PUBLIC HEARING Any person wishing to discuss any item not otherwise on the Agenda may address the Planning Commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of five minutes unless additional time is authorized by the Planning Commission. SUBJECT T( y MlSION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 A. Case No. GPA 01-04 and the Draft Environmental Impact Report as it relates thereto - CITY OF PALM DESERT, Applicant Request for consideration of a Comprehensive General Plan Update and the Draft Environmental Impact Report as it relates thereto. Mr. Drell explained that in the staff report there was a summary and actions translated into Discussions, Policies and Programs of the actions the Commission had taken so far. In addition, there was a brief synopsis of the Housing Element, the Economic Fiscal Element, Parks and Recreation Element, and the Arts and Cultural Element, and then they would go over the final changes to the map. Mr. Criste addressed the commission. He noted that as they touched upon last time, one of the mandated elements of the General Plan is the City's Housing Element. It was really meant to address all the housing needs, that is all the economic sectors of the community, but the bottom line mandate is to assure that an equitable amount of affordable housing is provided as well within both county and city jurisdictions in California. The element outlines, and was really dictated to, by relevant regulation. They introduced the matter in that regard so they could see how mandated we are. When they looked at the previous programs, the previous version of the Housing Element has had, and talk about how it's being funded and implemented and the success we've had in addressing what is called are Regional Housing Needs Assessment numbers which are generated by local regional Southern California Association of Governments. He believed those numbers were to be amended again in 2006 so they would visit this again for the 2006 revisions, but hoped those revisions would be very minor. He said they reiterated and addressed new programs to help meet our numbers and to also address in principle the issues of affordable housing and the full mix of housing. They spoke to the city programs that have been implemented in the past and have been successful in facilitating affordable housing. And as with the other elements, they have goals, policies and programs which assure they will be effectively implementing a housing element which addresses our needs. He said he would be glad to answer any questions. Chairperson Campbell asked if there were any questions. There was no response. Mr. Drell asked if anyone from the public wanted to comment on the Housing Element. 2 1 riNi, ,. ; a . - SUBJECT it LI g ii 1" REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 MR. TOM NOBLE, 42-620 Caroline Court, Suite 101 in Palm Desert, addressed the commission. He thanked the commission for the opportunity to speak. He wanted some clarification as to whether or not the public would be asked to speak on each aspect they would be going through. He was interested in several pieces of property and one in particular. He said he could mention his concerns now, which would be a reiteration of earlier comments and correspondence or he could wait until they got to that point, but he wanted to reserve his right to comment when they got to the portion dealing with the northwest corner of the intersection of the extensions of Portola and Dinah Shore. Chairperson Campbell stated that Mr. Noble would have an opportunity to do that when they went over the map. Mr. Criste stated that the next element to cover, and he was going out of the order of the staff report but it was more in order with the General Plan, was the Parks and Recreation Element which started on page III-120 of the Draft General Plan. He informed them that this was also tied to the Open Space and Conservation Element in that they obviously have a broader perspective of recreation and the value of lands for that purpose, for passive recreation as well, and appreciation. They provided a pretty detailed background discussion describing the various types of parks, how they are typically characterized, what their typical sizes are, the kinds of functions they serve at different levels of the community ranging from pocket parks or mini parks right up to the regional parks and the community scale parks they had been discussing. Table III-41 summarized the current park inventory and provided some code on the kind of facilities that are in each of the parks. The City GIS folks prepared some nice exhibits that they had been able to include in the General Plan showing existing park facilities. They described these facilities further. They talked about future parks and the need to amend this to some degree and as much as Homme Adams is essentially an established park now. But they talked about regional park facilities and additional facilities that serve recreational needs of the city. And then also financing and the reference to applicable state law, specifically the Quimby Act, funding programs that are available, and the need for a master parks and recreation plan to really put greater detail in the parks planning for the city and right up to facilitating capital improvement programs and things of that sort. 3 rit SUBJECT TC R VlSlOt' MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 The other half of the element had to do with addressing trails and bike paths and those kinds of non-motorized routes or accesses, some into wild wilderness areas like the new trail system associated with the multiple species plan. And then on- street trails or paths that address bicycle needs and those sorts of things. In that regard they had a lot of back and forth with the Circulation Element so these two complemented each other in that regard. He said they spoke first in detail to the hiking trails and they could see a nice exhibit from GIS on Class 1, Class 2 and Class 3 and also golf cart trails in the city and the hiking trails and where they are located. The whole region was shown, but primarily focused on those within the planning area. The kinds of costs associated with developing new trail systems and programs and mechanisms for doing that, then the future directions, two goals and a series of policies and programs meant to enhance an already pretty meaningful parks and trails system in the city. He noted that the Multi Species Plan was probably going to come out at the beginning of the year and integral with that was not only addressing the Santa Rosa/San Jacinto Mountains Trails Plan, but also guidelines for the integration of public access and trails into the reserve system that was going to be acquired as part of the Multi Species Plan. He asked for any questions. Commissioner Finerty commented that at their last meeting on December 2 they talked, and actually passed a motion, to set aside 25 acres for a large community park in the north sphere. She asked if they needed to spell that out in this particular element. Mr. Drell said yes, they should talk both about the series of neighborhood parks that they are including there, plus the community park. Commissioner Lopez asked if the motion would be incorporated into this element. Mr. Drell said yes, it would be incorporated into the exhibit of future parks and with a description program of planning and describing their function. Mr. Criste said it would be specific to that geographic area. Commissioner Lopez had a question/clarification as far as the relationship between the Circulation and the Parks and Recreation Element as it pertains to bike paths and golf cart paths. He asked how that process worked when they go down the line with the Circulation Element and talk about golf cart and bike paths throughout the new sections of the city. He asked if those were incorporated in the Parks and Recreation Element or the Circulation Element. Mr. Criste said in two areas. Mr. Drell confirmed it would be in both. Commissioner Lopez asked how they work together on that. Mr. Drell said they reinforce each other and basically say that every time we build a road, we put in a combination golf/circulation access to at 4 r Tea' 12"_.71.- Pik ir'" ': . 1. SUBJECT TC a REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 least get someone here to there. They modify that in some cases, but to make sure that every area in the city has that access to it. There are certain situations where they have, for example, on the Rick Evans commercial project, there they ran the golf cart circulation down Main Street and not around the free right-turn at Cook Street and Gerald Ford. But every project, every street improvement they have to address and make sure that golf carts and bicycles can get from point A to point B in the best, most safest convenient manner. Commissioner Lopez asked if those decisions, or at least the initiation of conversations was done by the Traffic Engineer or by the Parks and Recreation, or both. Mr. Drell said it would be in coordination to figure out where. Mr. Criste said it was really a Community Development function, but was multi-agency because it involved Public Works. Mr. Drell confirmed that Public Works would build the roads and do the engineering of the roads. Mr. Criste said it was a parks and recreation function, but they have assigned most of those kinds of responsibilities to Community Development and that seemed to be appropriate. Going back to the discussion about amending the Park Element with the community park, the large 25-acre park, Commissioner Jonathan thought they also agreed on passive view corridor type parks interspersed throughout the area on land where available. Mr. Drell said it was kind of as shown on the plan, so they should discuss the concept of passive natural open space corridors. Mr. Criste stated that the Community Design Element also addresses in a more generic sense at major arterials or major roadways with view corridors that consideration of additional parkway and landscaping be provided. He asked if he was speaking specifically to the university park area. Commissioner Jonathan said yes, where there is opportunity for the City. Just a discussion recognizing that open views are a valuable resource, and acquired as part of the general Park and Recreation Element. Mr. Drell said or Open Space. Commissioner Jonathan concurred, it is to create open space. Mr. Drell said there would be a mention in Parks and Recreation, Open Space and Community Design. Mr. Criste asked if they could also mix it with a generic application and make a specific reference to the university park as part of that. He asked if they could handle it that way because then it also empowered them for other discretions and future cases where they could say that they have a great view shed and an extra five feet would be great. Commissioner Jonathan concurred. Commissioner Tschopp recalled that the discussion also hinged on making sure that these view corridor parks were affordable and attainable. Mr. Drell concurred and hoped that in the university park area they could combine it with the practical 5 SUBJECT TC tan " REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 considerations of grading and grade separation that is going to have to be an inherent part of the design of some of those areas. So by virtue of their engineering design they are going to have to have some areas that will most likely have to be landscaped just to take up grade. Mr. Criste asked if there were any other questions. Chairperson Campbell asked if there were any comments from the audience. There were none. Mr. Criste said next was the Arts and Culture Element. He explained that a lot of work went into it involving a lot of committee meetings, input for various city committees, and staff as well. He said it was a major issue when they consider the enhanced effect that concern for arts and culture has had in the city and was giving it character and a place in the region as well. They outlined the various cultural resources the city has and not limiting it just to those within the city limits, but most were city limit specific. The impacts of arts on the economy, they spoke to that also. Opportunities that continue to arise for integration of community arts and culture into community design issues as was in the previous element which they covered some time ago. Cultural affairs projects and events, how they create both a social cohesion as well as an enhanced cultural context. Great examples they had been able to scatter throughout, existing work that has already been done, and spoke briefly to future directions, had three goals and several policies and programs to further implement the work already being done. He asked for any questions. There were none. Chairperson Campbell asked if there were any questions from the audience. There were none. Mr. Criste said finally, the Economic and Fiscal Element was not a mandated element. It is a product to some degree and also synergistically developed with the analysis they did on each of the various alternatives. This element really highlighted the trends. It was kind of a trends analysis that we've had in the city. It speaks to the evolving, broadening local economy. They referenced the retail commercial, the resort and development market. And now the educational institutions as three legs of our economic foundation. They spoke to demographic trends and show how they've been evolving over time, both locally and on a regional basis as well. He said they were very specific about the fiscal aspect of things, the cost benefit analysis of land use and the ability to generate revenues to support governmental services. They also spoke to things like industrial development, valuation trends, 6 AFTSUBJECT T( REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16. 2003 and a major theme in the General Plan is the open space or natural assets as also being economic assets that we want to protect and highlight in a constructive way. Again, they run through some additional data, especially some detailed snapshots on different times of the general fund through 97-98 to 2001, seeing trends in that regard. He said it is a pretty detailed discussion. Then they have several goals, four goals, and a host of policies and programs which very much carry out the management program that has been in effect for some time. He asked for any questions. Commissioner Finerty noted that they talk about the growth in taxable sales and TOT, but asked if there was discussion or if there should be about the money the State is going to be taking away from the City. Mr. Criste explained that the situation has been fluid for about ten years and it is difficult to predict from year to year what is going to happen with the revenue stream that the State may have access to. He said they can really, what they did was knowing what they did know and the current conditions, were able to at least give a current context. So if things start happening, decision makers like the commission could at least start to see what the relationship is between some claim to a revenue stream that they currently have that the County or State might want to tap into. Otherwise, it was sort of a what does the legislature or governor think this week sort of game and was difficult to predict. Commissioner Finerty said it looked like there was a trend now where they would be taking more and more, but she understood that nothing has been cast in concrete at this point. Chairperson Campbell asked if there were any other questions of Mr. Criste. There were none. Chairperson Campbell asked if there were any questions from the audience. There were none. Mr. Drell thought that Mr. Criste might also want to comment on his response to comments. Mr. Criste concurred. Mr. Criste pointed out that the commission had in their packets copies of the verbatim statements from a host of letters they got. Most of the letters had to do with General Plan questions by property owners and residents. That sort of thing. But he thought nine letters or something like that constituted comments on the environmental document and required our responses. One, which is the first letter, is pretty extensive and essentially they covered the General Plan in its entirety to clarify what questions the letter presented. The others were largely informational. CVWD wanted some data corrected or changed. Edison was pretty much broiler 7 7 A rill SUBJECT IC ct - REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 plate. And a couple of property owners had environmental concerns which they tried to explain and address. He asked if there were any questions. There were none. As a point of order, Commissioner Lopez asked if they needed to do a minute motion on these elements. They were doing that previously. Mr. Drell said that sounded like a good idea. Chairperson Campbell asked if he wanted to combine all the elements together. Mr. Drell said basically the ones Mr. Criste presented, if they wanted to take an action now. Action: It was moved by Commissioner Lopez, seconded by Commissioner Finerty, approving the elements as discussed. Motion carried 5-0. Moving onto Land Use, Mr. Drell stated that he presented the commission with two new maps. One was the citywide map which he believed incorporated the changes. He said that every time they looked at something like this there were always a couple of little mistakes that had to be corrected. Starting at the south, he said they were showing the Cornishe at Bighorn property as residential low with the study designation around it. They also converted the arc to the west of it which they had also shown as low and in reality that was part of the buffer which was dedicated to the California Department of Fish and Game for open space. That was now Public Reserve. Moving north, they were showing a mixed use designation on Portola shown in purple and orange stripes which was Professional Office and Medium Density Residential. Moving north in terms of changes, the little office site on the north side of the Whitewater Channel was changed. At Country Club and Monterey was Community Commercial. They got to the revised recommended alternative for University Park. The changes made at Gerald Ford and Portola, they extended the high density into what was Public Facilities and then leaving five acres of mixed use. Also, shrinking the high density to the east and extending the medium density into it so the mass of high density was smaller. Making the parks a little bit bigger, especially the one in the northwest quadrant which was a one-acre park and they made it more like a two-acre park once they took the roads out of it. Two acres was probably as small as they wanted. It still allowed for usable active areas like basketball courts and volleyball courts. 8 4 fit ER SUBJECT IC i I " R' ViS1UN MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 In looking at what we have left, he was showing the 25-acre community park directly across Portola which encompassed 25 acres of those five acre parcels that the Redevelopment Agency owns as at least a plausible site for it. It fronts on Portola and also the parcel directly south off of what would be Shepherd Lane was in design. He recalled they approved conditionally a Jewish Community Center there at that corner and it was his understanding that they were proceeding. So in terms of compatibility, directly south of it they had a non residential use. Therefore, if they put the more active uses out toward Portola and the somewhat quieter uses toward the west, it provided a plausible location for a community park remembering that the Civic Center Park is in the midst of residential uses and somehow people have been able to live with it. Also the soccer park. By definition they wanted the parks easily accessible by residential uses because those were the people who use it. By design they tried to minimize the adverse impact at the perimeters. He shifted some of the multifamily up onto 35th. That had kind of a couple of positive benefits. One of the things he had been trying to argue for, and it went into that openness at the street concept, that when they design uses on major streets that can front on that street instead of backing on that street, they end up with a greater openness in setback off the street as opposed to when they back on the street, they typically end up with a wall 20 feet off the curb and a kind of a mediocre little 12-foot landscape strip. When they can front a project onto a street, they typically end up with 30 or 40 feet before the buildings, they put some parking in front and he thought they got a far friendlier face on the street than the back end of a project and a wall relatively close to the curb. So putting multifamily onto 35th, which will take a fair amount of traffic, has some urban design benefits in addition to putting some multifamily housing in close proximity to what is going to be a fairly intensive employment center which was that industrial area. He also extended the office professional area down Gerald Ford. He explained it has the same benefits of putting uses with their face to the street as opposed to the back of the street and makes a more attractive street scape. When they buy their houses, many property owners didn't necessarily understand the objection of backing onto a major arterial until after several years there of having to shout in their backyard when having a picnic. There are better uses to put on a major street then a single family home. He believed that summarized the changes. On the land use generalized summary of acreages, they were slightly down. He thought they lost about 50 units. The open space/parks increased by some 35-40 acres partly because he is showing the park that is going to be associated with the 9 11, F SUBJECT TC MINUTES f� t - REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 K-8, plus the 25-acre community park, plus the slight adjustments to the neighborhood parks. Commissioner Jonathan asked for clarification on what revised table Mr. Drell was referring to. Mr. Drell explained on the plan itself there is a new table. Commissioner Jonathan asked Mr. Drell to highlight the changes between the staff recommended alternative from the less intense. He asked what the major shift was. Mr. Drell replied that the major shift was the increase in parks, partly because they added the 25-acre park, specifically identified the 10-acre park that would be associated with the K-8 school, and then the slight adjustments in size to the neighborhood parks. Otherwise, he thought the high density had gone down a little bit. He didn't have it before him, but thought it was 110 acres and was now 103. Commissioner Finerty said that wasn't true. It went up one acre and went up 13 units. Mr. Drell said the objective was to try and keep it the same and then it was a matter of how his GIS guy finally drew it out. Chairperson Campbell thought they were very well dispersed now. Mr. Drell agreed. He said they tried to keep it generally the same. Part of the unit loss was a result of the fact that they now have 25 acres less residential because they created a park. The built number of units might be more or less depending on what the project applicants come in with. Commissioner Lopez asked about north of 1-10. Mr. Drell said in the GPAC recommended alternative they substituted the less intense alternative. The land use summary only dealt with the area from Gerald Ford to Frank Sinatra through Monterey - Dinah Shore. Commissioner Finerty asked for clarification. At the last meeting they talked about how per State law they couldn't go below the current number of projected units. If she was reading that correctly, they would take that off of the existing General Plan which shows 4,047 units. She asked if that was correct. Mr. Drell said it was correct. Regarding the residential units indicated in the mixed use designation, Commissioner Jonathan asked if they could reasonably expect that to be more toward high density than low density. Mr. Drell said yes. His assumption was that low density and commercial are not particularly compatible. They are also dealing with very expensive real estate. The positive synergies were more likely to occur. One comment about town houses is that the reason town houses work is they give the people the town. If you take out the amenities of the countryside, you want to give them the amenities of the town. So it is that proximity of the convenience, 10 SUBJECT IC "• REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 shopping and excitement which urban areas or developments like the Rick Evans project convey. That is part of the trade off in terms of positive residential environment that they have when they reduce people's yard space, their private open space, and substitute public amenities that occur in an urban setting. Commissioner Jonathan noted that the total supply of high density and medium density exceeds 3,000 housing units. That is a pretty good dent in meeting the housing demand that is projected to be created as a result of the University. Mr. Drell concurred and said it still allowed them to set aside 230 acres, which is almost that same acreage, for open space. Commissioner Finerty said that when she came up with the suggestion to try to disperse that block of high density, when they had drawn the map and what she thought she was going to see in the high density that would be furthest east right by Gerald Ford, rather than it coming down like the shape of the state of Florida, she thought it would go across to kind of line up with where the business park started. Mr. Drell asked if she meant extending the medium density further to the east. Commissioner Finerty concurred. Mr. Drell said what it showed, probably in that section doubling the medium density and was an exchange of probably another 20 acres of medium for high. Commissioner Finerty said she didn't know how many acres that would represent. Mr. Drell said roughly he thought maybe 15 acres medium for high. Commissioner Finerty said she crunched some numbers and came up with a little over the 4,000 units and it would be setting aside 174 acres for the medium density, 80 acres for high and 450 for low. That pretty well dispersed it to be 33%for low, 30.4% for medium, and 36% for high. That would be eliminating the mixed use with that uncertainty of those 333 units. She guessed her calculation was trying to reflect if that line had been drawn across to the business park for high density and then the medium density had been extended further east. That put them a little over the 4,000 units so that they were still in compliance with the state law. They were meeting their need for medium and high density housing and perhaps dispersing it a little bit more. Chairperson Campbell asked if she wanted to do away with the mixed use on Gerald Ford. Commissioner Campbell said her idea was to do away with all the mixed use and kind of what they saw was what they got. So the high density would be extended west at the corner of Portola and Gerald Ford and then the medium density could be extended out toward the corner of Frank Sinatra and Cook, but not going all the way to the corner although going further out. The same with the mixed use at Gerald Ford north of the community commercial. That would be medium, but she wasn't advocating moving the medium density all the way out to the main street. 11 , .� wpm SUBJECT IT M va REVISION INUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 She was just suggesting they keep a little buffer there of some sort of community commercial, but extending the medium density all the way out as best they could while still leaving the buffer at major streets. Chairperson Campbell asked if she was speaking of Frank Sinatra and Cook. Commissioner Finerty said that was correct. It would also be in that area just north of the community commercial. The exception would be at Portola and Gerald Ford, that mixed use she would just put as all high density. Chairperson Campbell agreed and on the corner of the mixed use at the corner of Gerald Ford and Portola since on the west of Portola they have office professional anyway, and could bring that out medium density. From their last meeting she wasn't in favor of mixed use on the corner of Frank Sinatra and Cook. So she was in favor of changing it to medium density residential with a buffer of some kind. Commissioner Finerty asked if she would be in favor of extending the medium density residential, clarifying the located as east from Gerald Ford and Portola. Chairperson Campbell said she didn't have problem with that mixed use right there because of the location, so high density residential could be combined with the mixed use. She didn't have a problem with that one. Commissioner Finerty clarified that where they saw the medium density and then all the high density kind of surrounding it, if they were to extend the medium density out to Gerald Ford and then they could draw a line from where the medium density stops and then where the business park begins, draw a line there and keep everything above that as high density. Chairperson Campbell agreed. Chairperson Campbell asked for other comments. Commissioner Jonathan asked if they were having discussion now or if they were going to take public testimony first. Chairperson Campbell said theywould be takingmorepublic testimonyunless p P the commission had more questions for Mr. Drell. Chairperson Campbell asked if anyone wished to speak. MR. JEFF SHROEDER, Vice President of Ponderosa Homes, 400 South Farrell, B-103 in Palm Springs, addressed the commission. He explained that they are the owners of about 120 acres at the northwest corner of Gerald Ford and Portola. He said that maybe after he talked, or maybe after everyone talked here, that they have all made several changes up there and they were having some trouble tracking what the commissioners were talking about, so they would kind of like to know. But he wanted to state that they have owned this property for about a year and were somewhat new in town. Their first project is in La Quinta and they excitedly picked up this property about a year ago, partly because of the great things they heard about Palm Desert. The property has about 80 acres currently zoned for residential and 12 tSU13EEV TE a "I REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 the balance is zoned commercial. Understanding that they knew that a general plan process was in place, and was a little upset when the moratorium took place, but they were used to working with communities to come up with the best solutions for property and development, so they were pleased to be able to work with staff here and Mr. Drell to try to come up with a solution based on the original General Plan Advisory Committee plan. They met sometime back, he thought in April or May, initially with Mr. Drell and all the land owners in that area between Portola and Monterey north of Gerald Ford. Basically after a lot of discussion with Mr. Drell, they agreed that they all needed to work together to come up with a plan that would satisfy the City's needs and the property owners' desires. It took a little bit of work, but they got to an agreement to work together and spent a fair amount of time working on a plan that they could all live with in terms of the uses, including the School District. They worked closely with the School District. So that plan was presented as an alternative that staff thought was acceptable and unfortunately, and this was the last meeting when things started to move around as he knew that would, but he wanted to say they were a little concerned with some of the direction that had been taken on their property. Particularly regarding the high density property on 35th. He had a copy of their plan. Commissioner Finerty asked Mr. Shroeder to show the commission the exact property he was addressing and identify the high density and the 80 acres. Mr. Shroeder did so. Commissioner Finerty noted that she had that property listed as being owned by American Realty Trust and asked if he purchased it from them. Mr. Shroeder said yes, last November. He said they came up with a plan that had the 40 acres north at medium density, 4-10 to the acre. He said they weren't apartment builders, they are single family home builders and build very nice communities and they were concerned with trying to figure out apartments into a project there. But what they did agree, after several discussions with Mr. Drell and they understand what he is trying to accomplish, and they could live with a 4-10 acre density because it would over time give them the flexibility to try and find a solution whereby they might be able to make eight, nine or ten acres of that higher density and still do the single family on the balance and still come under ten acres. So if they 13 SUBJECT It REVISION MINUTES v " PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 took ten acres at 20 and 30 acres at five or six, they would still be under ten to the acre. So they felt that was a fair compromise because they didn't know exactly where the market would be going in terms of the product. They could do the 80 acres in kind of a traditional project that they were proposing which is 8,000 and 10,000 square foot lots in a very nicely planned community and then kind of see how things develop and do some smaller lots and maybe some apartments even. But by locking it down at that higher density, they were afraid that took the flexibility away from them and kind of a little bit threw a wrench into the plan they all came to as a group, which included the high density adjacent to the commercial and then also adjacent to the school site. Commissioner Finerty requested that Mr. Shroeder identify the commercial site within the 80 acres. Mr. Shroeder said that currently the 40 acres (which Mr. Drell was pointing to) is zoned commercial. Commissioner Finerty clarified that what they were showing as medium and high density residential is zoned commercial currently. Mr. Shroeder said yes, under the current General Plan. Commissioner Jonathan asked if he owned that property. Mr. Shroeder said they own all that property. Mr. Drell pointed out what was designated as Service Industrial. In the original GPAC alternative, he said this was designated a combination of medium and high. Commissioner Jonathan asked what Mr. Shroeder was asking or suggesting that designation should be? Mr. Shroeder said their original plan, which was the staff preferred alternative a month or so ago, the 4-10 medium density residential. That combined with the adjacent property. When their group came up with this plan they felt that the high density was appropriately placed next to commercial and across a major collector from lower density residential and then also on 35th, but across from a collector street across from a school site. Those were fairly good locations for the higher density residential, at least at this point. And 14 SUBJECT II MINUTES ."' t "' REVISION PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16. 2003 right now on their property, it was a little more difficult how they were going to plan out with that particular designation fixed because then they would go from 4-10 to 10-22 without a dividing line. They thought it was a little easier to plan for the future if they had a little flexibility on that site. Commissioner Finerty asked if Mr. Shroeder could see why they wanted to move some of that high density around because the high density was so clustered in that one area. Mr. Shroeder said he understood what they were trying to accomplish, but he did think the previous alternative, which was also a representation of what some of the property owners agreed to, they were trying to create a there there with the university and trying to create a community that would have some kind of attraction to it and he thought that took away from it a little bit when they started spreading out those densities and reduced the effectiveness of that plan. There was some concern on that. Commissioner Finerty asked if Mr. Shroeder wanted to cluster the high density together. Mr. Shroeder thought if they spread it out, they reduced the ability to create an attraction with the kind of mix of uses they would have surrounding the university. He didn't agree with spreading it out. Commissioner Finerty asked if Mr. Shroeder was to put apartments somewhere on the 80-acre site what would be the easiest location for him. Mr. Shroeder said it is 120 acres and from a physical standpoint, there is slope on the property. It slopes about 100 feet from Gerald Ford down to Dinah Shore. But if they were going to put it in, probably the location where it is now was probably the best location if they were going to put it anywhere. With the 4-10 designation on there, there was enough flexibility in that designation to allow that to occur if that is appropriate for that site in the future. Right now they weren't preparing a plan for the 40 acres. They were preparing a plan for the 80, but he told Mr. Drell that they were going to kind of wait and see how things went and work with him on looking at some higher density on that 40 acres. He thought it took away the flexibility to designate it higher density now. 15 r'" SUBJECT T( 1.1 r - REV1'SION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 Commissioner Finerty asked him if the commission felt it was better to spread out the higher density and part of his 40 acres needed to be high density, if the area they chose he felt would be the best? Mr. Shroeder said if it was their choice, yes. Commissioner Finerty thanked Mr. Shroeder. Chairperson Campbell asked if anyone else wished to speak. Mr. Drell said he wanted to clarify a little bit on what his perception was of what they agreed on. His perception of the medium density was not low density and high density and there are many builders throughout Southern California who have very successfully integrated all three together in one project. But again, the designation description for medium density is predominately single family product. If there is a problem integrating medium with high, then there was surely a problem with low to high. So his concept for the medium density was not the extremes, and achieving the average, and it was a different housing product to provide a variety of housing and a variety for those that want to purchase a single family home which is missing from the market. Hypothetically speaking, Commissioner Jonathan asked if a property owner were to come in, and they have a designation on 120 acres that is low, medium and high and the city specified that designation in specific areas, but if a developer came along and said, "Here's my 120 acres and I would like to put high density here, medium here and some low here," there was nothing to prevent the property owner from doing that and there was always the possibility that staff, commission and council would look at that and say, "Hey, that's great, it accomplishes the count we need and the flow and everything else." Mr. Drell said that was correct. Commissioner Jonathan said that while they were playing the averaging game, it wouldn't preclude them from looking at specific applications and saying if it made sense. Mr. Drell said that was correct. The core idea is that there will be, in these general proportions, a mixture of these various housing types and he didn't want the applicant to think that providing 30 acres at four units per acre and 10 acres at 20 units per acre is consistent with what he believes to be the General Plan intent or their agreement. In those areas where they are showing medium density, he was hoping they would get medium density which is predominately single family product. That's the whole objective of the medium density. To bring back an affordable single family product. 16 ;i SUBJECT TE MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 MR. TOM NOBLE addressed the commission. He said he was speaking again about the piece of property at the northwest corner of the intersection of the extensions at Portola and Dinah Shore. He wanted to call the commission's attention to two letters he previously provided to the commission; the one September 15 addressed to Mr. Drell and copied to the commission and then another to Mr. Drell on October 7. The October 7 letter had a little colored map they had done showing at that point in time the GPAC's proposal for those 29 acres. The staff preferred alternative now was what he thought the use of the property ought to be. There had been some discussion of putting high density residential in that area for reasons set forth in his letters. He thought that was not good planning and would make the property much more difficult to develop. So he wanted to once again go on record as supporting the current staff preferred alternative. He felt the property needed to stay for a business park, light industrial use. Also as a point of order, his recollection from the last meeting was that a number of these issues that were just discussed were voted upon by the commission. One of the things that struck out at him was the intersection of Frank Sinatra and Cook, the northwest corner. He was wondering if these matters were to be revisited and revoted upon again. He was trying to figure out when something is completed from the commission's point of view or when they might be brought up once again. Commissioner Jonathan thought they were heading to, hopefully very soon, a final recommendation with regards to the land use element. He didn't think they had a final motion on it, and asked if Mr. Noble had any comments on any part of it. Mr. Noble said no, it more a point of order. It was his understanding that some particular physical locations were voted upon at the last meeting and he didn't know if those votes were final or being reopened or what the procedure actually was. Commissioner Jonathan asked why he was asking and if he had a comment on any of those he would like to make. Mr. Noble said he was trying to move forward. If something was voted on, a piece of property that he had an interested in, he was wondering if it was done. 17 '+ SUBJECT IC MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 Commissioner Finerty said Mr. Noble would still need to stay in touch because the Council could totally reverse whatever the commission has done, so it was really a moot point right now. Mr. Noble said he understood that and appreciated it, but his question was if the commission would be revisiting the same piece of property on other occasions. Commissioner Finerty thought the north sphere, the university park concept, is a work in progress right now. And regardless of what the commission does, the Council could change it so she wouldn't advise getting too worried about it until the Council had their say. Mr. Noble thanked the commission. MR. MIKE MARIX, 128 Vista Monte in Palm Desert, addressed the commission. He said they own most of the property between Gerald Ford and Frank Sinatra and Cook and Portola except for the portion the Redevelopment Agency purchased for a golf course. The suggestion pertaining to medium density versus high density in the specific location extending it east he thought was a practical matter. It wouldn't work because of the topography. It's a very severe slope situation in there and the likelihood of 5,000 square foot lots was slim to none. So if indeed staff is looking for small lots, conventional single family houses, it isn't going to happen. They couldn't physically do it on a fairly severe slope. So he thought the appropriate designation is what was shown previously and can then through the town house concept, the 4-10 density, group buildings to compensate for the slope and the constraints imposed by virtue of a severe slope. This piece, as previously suggested, like the other piece runs at least 100 feet of drop from the high point in the golf course area to the corner of Cook and Gerald Ford. He also got the impression from the last meeting that they had concluded their land use determinations as to the southeast corner of Portola and Gerald Ford for a mixed use piece and like wise the piece that Mr. Noble spoke of. So he, too, was confused and thought that had been decided last week and he was at that meeting. Those were his thoughts and asked if there were any questions. Commissioner Jonathan asked if he had the Cornerstone property. 18 roe SUBJECT IC ram' I Sir - REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 Mr. Marix replied yes. Commissioner Jonathan asked if that extended to what is designated as medium density residential. Mr. Marix said yes, they have everything except what is designated commercial and the City's golf course. Commissioner Jonathan thought Mr. Marix's comments were directed toward the part that is zoned medium density residential. Mr. Marix said that was the recommendation that he heard and interpreted, and like others he was a little confused. Commissioner Jonathan said he would clarify the confusion. As Commissioner Finerty said, this is in process, so they would finalize it today in terms of their final recommendation to Council. If nothing else, they may have gotten to some degree of finality last time, but it wasn't final until today, so they were still looking at it and digesting it. They would be making a recommendation to Council today. So Mr. Marix's concern was the medium density piece? Mr. Marix said yes, the extension of it. Mr. Drell thought it was in reference to Commissioner Finerty's suggestion that the medium density extend and encompass all of this other area as well. Commissioner Jonathan asked if Mr. Marix was saying that the reason for that is the slope made it difficult to build high density? Mr. Marix said no, the slope made it impossible to build small lots, single family houses, 5,000 square foot lots. And he heard, perhaps incorrectly, that it was the hope of staff that there would be some small single family detached housing in there. Commissioner Jonathan asked if that was in high density. Mr. Marix said in medium density. Commissioner Jonathan noted that it was currently indicated as high density. 19 L ra I1�'a°'ae7w� SUBJECT TT REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 Mr. Marix said that the suggestion this morning was that it be changed to medium density. Commissioner Jonathan asked if Mr. Marix's preference was for high density as shown now. Mr. Marix said absolutely. Chairperson Campbell asked if anyone else in the audience wished to address the commission. There was no one. Chairperson Campbell asked for commission comments. Just to clarify at the northeast corner of Gerald Ford across from the high school, Commissioner Tschopp asked if there was some discussion about making that mixed use at the last meeting. Mr. Drell said that was correct and pointed out where it was shown. He said there used to be ten acres of this quasi public use which they thought in the absence of an actual application didn't make any sense and as part of the shifting around, they took five of the ten and extended the high density into it and then left five acres of mixed use. Commissioner Tschopp said on his previous map, and he may have made an error, but he showed that area as mixed use, and also showed the northeast corner of Gerald Ford across, east of the high school. Mr. Drell said the commission has had discussion of shifting this mixed use over and he thought their direction was to keep it as shown, remembering that based on the quality of design in the project, they could approve mixed use anywhere. This was just saying that this is an especially appropriate place for it. And of course they should remember, as is always the case, the County tried to cast things in stone and he didn't know how successful they were going to be, and this is our best guess right now and that three years, four years, five years...some of their most successful projects have been projects they hadn't even conceived of until a developer brought them to the city. Marriott Desert Springs, Shadow Ridge, the Gardens on El Paseo were good examples. So he wasn't Moses bringing down the ten commandments here. General plans would always be works in progress. Commissioner Jonathan asked if they were in commission discussion. Chairperson Campbell said yes. Commissioner Finerty asked if they were at the point where they could close the public hearing. Commission agreed. Chairperson Campbell closed the public hearing and asked for commission comments, knowing this was final. Commissioner Jonathan said at the last meeting they really focused on individual pieces and then asked staff, because they made so many changes, to redraw it so 20 r '' SUBJECT *II REVISION it MINUTES it PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 they could see what they did, so they can reconsider anything they felt warranted reconsideration. He thought they could tinker with this all year long, but he was comfortable where it is right now. As they start with the university area and move west, they have community commercial going to some mixed use, to high density residential with industrial business park, to a school, to more residential medium and high, and industrial and regional commercial when they end up at Monterey. He thought it was a good flow. It achieved the numbers that he thought he was comfortable with after quite a bit of tinkering in terms of residential units, both in the mix of high, medium and low density. Could this be changed and improved on? Maybe, probably. But he thought they could keep doing this forever. So he was comfortable with this in its present form in terms of making a recommendation. That this can proceed to Council. To address the bigger picture of what they are trying to accomplish in this area, he recognized the need to address the various demands generated by the University. At the same time he also recognized the fact that the University is a regional facility. He thought Mr. Criste's report indicated that the Coachella Valley population is somewhere around 300,000 at this point. He didn't think it was a reasonable expectation that all students would live in Palm Desert. He thought in fact specifically that they wouldn't. He didn't think it was the sole responsibility of the city of Palm Desert to meet the demand that will be generated by this regional facility. At the same time, he thought the city must share in that responsibility and the balance they have now he thought meets the city's fair share of that responsibility. Commissioner Finerty commented that as she has stated over and over in basically all the land uses she firmly believes that the least density is the best. And that's mainly because of their quality of life, congestion, traffic, and water. She has often said she doesn't want Palm Desert to turn into another Orange County, so she approached this as to how they can stay within state law, still provide adequate medium and high density residential, and then putting in as much medium residential as possible. The example she discussed earlier this morning achieves that. She reiterated that the mixed use comes out 450 acres to be set aside for low density, 174 for medium density and 80 acres for high density. That gives a nice balance and 36% of that is still high density and put them just a little over the 4,000 units as required by state law. She felt that would be the best mix. Commissioner Lopez said in a general overview, the recommended alternative, not just for the university park but the larger map, he thought staffs recommendation, the recommended alternative overall did a great job of putting together all they had talked about over the last several months for them and commended them for a great 21 1 s t4 SUBJECT -ft 11 REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 job on this. Getting down more toward the university area, he concurred with Commissioner Jonathan and believed they could probably beat this thing to death for another 60 days, but what they have before them is a flow and is their best shot at what could be out in this particular area. He drives it every day and can appreciate the comments regarding the slope and could see some challenges out there as it pertains to medium density in certain areas, although he thought when they looked at the flow of the potential medium and low to high, he thought it flowed very very well. He loved the fact that they have added parks and is something that was his biggest concern as it pertained to the amount of park space they had. He still thought there was room for additional park facilities on the Redevelopment Agency land. He thought there was too much land there for a golf course anyway. But there is opportunity for them to really be creative in those particular areas. He liked the flexibility of mixed use. It gave them the opportunity to look at different aspects as it pertains to where it is currently located. It gives the developer some flexibility also. He liked the way everything seems to flow on this particular recommended alternative and the university park as it pertains to housing. He thought they had met the needs of what he believes would be, and he would prefer the needs to be met in this area realizing that it will be a university, that is a responsibility for the Coachella Valley, but it was nice to know that they would have this housing area relatively close that would mitigate perhaps some undue traffic concerns that he would have in that area. There is an awful lot of ability for these folks to either ride bikes, walk, or whatever it might be in those particular areas. It was rather a long walk, but bike riding and so on and so forth with proper circulation elements which would be needed to put bike paths in and get creative as to how they can provide venues for this biking. When they go to Santa Barbara and they see the bike paths that drive around that university, they see thousands of bicycles and very few cars. That is what he was envisioning as they got to this. But he liked what was before them today. He could appreciate some of the concerns, but he liked what they had before them today and commended them for attempting to grasp everything they had talked about. Commissioner Tschopp said it seemed difficult to summarize all the thoughts given the mounds of data and study and so forth that has been put forth by GPAC, the staff, the consultants, the land owners and various other parties, but just to kind of summarize, although he shared some of the concerns that Commissioner Finerty pointed out on the higher density, he thought this was a general plan and the comment pointed out earlier that it does allow flexibility in the future was something they needed to keep in mind. He thought the key again, as he said before, is in the 22 o SUBJECT IT MINUTES 6 , g V, i Rcu1SION PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 design and implementation and the cooperation and foresight of the City and landowners and so forth to make sure the General Plan is that. A general plan that can then be used to make development that truly works and works with everything else that is happening. He thought it had been pointed out that there are some limitations in that area, both from weather and topography, as well as traffic and things of that nature. And the development of the college. What he was saying was there could be some tweaking here, but was something they can leave up to the future and that they adopt the General Plan as recommended by staff today. At the same time just reiterating that the key is in the planning, and the implementation, and maybe even the change of certain areas so that the plan is implemented the way that the intent is today and maybe not exactly as it is drawn on the map in certain areas. Chairperson Campbell said that after seeing the new map they received, she thought it was very well spread out. She was very happy with the area up at Gerald Ford and Portola on the west. She still wasn't happy with the mixed use on the corner of Frank Sinatra and Cook, but it wasn't something she would vote against the General Plan on just because of that, because anything could come before them, for different land uses, or even Council could change all of this completely. Regarding the high density residential, the Florida state shaped area, the developer pointed out that it wouldn't be feasible for homes and they could go ahead and look at a map and say what they want to do, but again, the topography is something else like Commissioner Tschopp mentioned. They might want it one way, but it might not work. So that wouldn't bother her. The mixed use also on the corner of Portola and Gerald Ford could go ahead and have some changes, but overall she would go ahead and agree with staff on this. They could go ahead and pick it apart and she was against some things, but she would go ahead and stay with the plan as it is now. Action: Commissioner Jonathan said he would go ahead and make a motion to approve the General Plan Land Use designation or to recommend a general plan land use designation as indicated in the recommended alternative. Commissioner Tschopp seconded the motion. Motion carried 4-1 (Commissioner Finerty voted no). Mr. Drell said that in front of them was a revised copy of a resolution recommending to the City Council approval of the Draft General Plan as the commission amended it, including the Final EIR relative to the response to comments and all the various other aspects of their actions. Commissioner Jonathan asked how that changed from the one that was in their packets. Mr. Drell said it had some blanks in it. 23 orph pi pre wiTas - 4 SUBJECT T( - REVISION MINUTES ' PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 Basically they filled in the blanks and it had some formatting things that didn't conform with the way we do resolutions. Commissioner Jonathan asked if there were any substantive changes. Mr. Drell said no. Commissioner Jonathan asked the commission if they were prepared for a motion on that. Chairperson Campbell said yes. Action: It was moved by Commissioner Jonathan, adopting Planning Commission Resolution No. 2239. Mr. Drell said it was with the understanding that in making the motion on the resolution they are making the motion for all the whereases. Commissioner Jonathan concurred. The motion was seconded by Commissioner Lopez. Motion carried 4-1 (Commissioner Finerty voted no). Commissioner Lopez reiterated his comments before that he thought staff did a marvelous job on this. It had been a long, long process. He thought they spend the right amount of time. Some might have thought the commission took too much time, but he thought they spent the right amount of time and what they put together was outstanding and he thanked everyone for their long hours and patience. Commissioner Tschopp also congratulated the people in the audience. He said their input had truly been helpful. Mr. Drell said that with a little bit of arm twisting they had really started to come up with very creative, high quality designs which he thought would make this an extraordinary area and unique in this valley. Commissioner Jonathan said that high density does not need to mean low quality. Our standards have always been high in this city and he didn't see that changing in any way. Mr. Drell concurred. Commissioner Jonathan also added congratulations to GPAC and staff for doing a great job, to John Criste and his staff, and he thought the process really took longer than any of them wanted going back to the beginning to over two years ago, but he thought the end result would justify all that effort, all that time and all those resources. Chairperson Campbell noted they had a lot of paper work, a lot of work, maps to look at, and she thought everyone did an excellent job. She also stated that the Planning Commission should be congratulated. Everyone agreed. 24 Ra SUBJECT If ` , ,t -�i 1 m REVISION MINUTES PALM DESERT PLANNING COMMISSION 8:30 A.M. DECEMBER 16, 2003 V. ADJOURNMENT It was moved by Chairperson Campbell, seconded by Commissioner Jonathan, adjourning the meeting by minute motion. Motion carried 5-0. The meeting adjourned at 9:58 a.m. (Commissioners Lopez and Finerty indicated that they would be absent from the evening meeting.) PHILIP DRELL, Secretary ATTEST: SONIA M. CAMPBELL, Chairperson Palm Desert Planning Commission /tm 25