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Home My WebLink About2024-05-21 PC Regular Meeting Minutes 1 PLANNING COMMISSION CITY OF PALM DESERT REGULAR MEETING MINUTES May 21, 2024, 6:00 p.m. Present: Commissioner Nancy DeLuna, Commissioner John Greenwood, Commissioner Ron Gregory, Commissioner Lindsay Holt, Chair Joseph Pradetto Staff Present: Director of Development Services Richard Cannone, Recording Secretary Monique Lomeli, Principal Planner Nick Melloni, Principal Planner Carlos Flores, Legal Counsel Oscar Verdugo 1. CALL TO ORDER A Regular Meeting of the Planning Commission was called to order by Chairman Pradetto on Tuesday, May 21, 2024, at 6:00 p.m. in the Council Chamber, City Hall, located at 73- 510 Fred Waring Drive, Palm Desert, California. 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE Vice Chair Gregory led the Pledge of Allegiance. 4. NON-AGENDA PUBLIC COMMENTS None. 5. CONSENT CALENDAR Motion by: Commissioner Greenwood Seconded by: Commissioner DeLuna To approve the consent calendar as presented. Motion Carried 5.a APPROVAL OF MINUTES Motion by: Commissioner Greenwood Seconded by: Commissioner DeLuna Approve the Minutes of May 7, 2024. Motion Carried (5 to 0) 2 6. CONSENT ITEMS HELD OVER None. 7. ACTION CALENDAR 7.a REVIEW OF FISCAL YEAR 2024-25 CAPITAL IMPROVEMENT PROGRAM FOR CONSISTENCY WITH THE CITY OF PALM DESERT GENERAL PLAN Principal Planner Nick Melloni narrated a PowerPoint presentation and responded to Commissioner inquiries. Motion by: Commissioner Gregory Seconded by: Commissioner DeLuna Adopt Planning Commission Resolution No. 2867 entitled, “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT CALIFORNIA, FINDING THAT THE PROPOSED CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2024-2025 AND EACH OF THE PROJECTS INCORPORATED THEREIN, ARE CONSISTENT WITH THE PALM DESERT GENERAL PLAN AND A FINDING THAT THE ACTION IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Motion Carried (5 to 0) 8. PUBLIC HEARINGS 8.a CONSIDERATION OF A PRECISE PLAN AND CONDITIONAL USE PERMIT TO DEVELOP A 40-UNIT MULTIFAMILY DEVELOPMENT ON A SITE LOCATED AT ASSESSOR’S PARCEL NUMBER 622-370-014 AND FINDING THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Commissioner DeLuna announced her recusal due to a business conflict and left the meeting room. Commissioner Greenwood announced his recusal due to the project's proximity to his residence and left the meeting room. Principal Planner Melloni narrated a PowerPoint presentation and responded to Commissioner inquiries. Chair Pradetto opened the public hearing. Jeff Ryan, applicant, provided information regarding the proposed setbacks and intended use of the development and urged the Commission to consider the value of the services to be provided at the location, including its proximity to Desert ARC. Josie Gonzales, Palm Desert resident, expressed concerns regarding the height of the development and impact on the privacy of surrounding properties. 3 Richard Cruz, Palm Desert resident, expressed support for the project provided the development is gated and not open to the general public. Laurel Miller, Palm Desert resident, expressed concerns regarding the impact to the property and resale values of surrounding properties. Jeff Ryan, applicant, confirmed the security gate will remain in place and access to surrounding neighborhoods will be limited to emergency access only. In response to Commissioner inquiries, the applicant provided comments regarding the potential for modifications to the windows used on units located on the southern portion of the property to mitigate line-of-sight concerns. Chair Pradetto closed the public hearing there being no others requesting to speak. Motion by: Commissioner Gregory Seconded by: Commissioner Holt Adopt Planning Commission Resolution No. 2868 entitled, “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT CALIFORNIA, APPROVING A PRECISE PLAN AND CONDITIONAL USE PERMIT TO DEVELOP A 40-UNIT MULTIFAMILY APARTMENT DEVELOPMENT ON A SITE LOCATED AT ASSESSOR’S PARCEL NUMBER 622-370-014, AND FINDING THAT THE PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. CASE NOs. PP24-0001 / CUP24-0003," inclusive of the modification to Condition of Approval No. 60 removing the requirement of Covenants, Conditions, & Restrictions (CC&Rs) and mandating the maintenance of site improvements located on the adjacent Desert ARC project; modifications to the landscaping plan to eliminate the use of purple Dodonaea Viscosa and Bauhinia x Blakeana; and modifications to the window treatments of the elevated units on the southern portion of the site plan. RECUSED (2): Commissioner DeLuna, and Commissioner Greenwood Motion Carried (3 to 0) Chair Pradetto left the meeting at 6:58 p.m. The Commission recessed at 6:58 p.m. and reconvened at 7:03 p.m. with four (4) members present. 8.b APPROVE A PRECISE PLAN FOR THE ARCHITECTURE AND LANDSCAPING FOR A 332 SINGLE FAMILY HOME RESIDENTIAL DEVELOPMENT ON THE SOUTH SIDE OF GERALD FORD AND WEST OF PORTOLA ROAD WITHIN THE REFUGE SPECIFIC PLAN Principal Planner Carlos Flores narrated a PowerPoint presentation and responded to Commissioner inquiries. Vice Chair Gregory opened the public hearing. 4 David Dwilde, Pulte Homes, provided a brief introduction and stated he is available for questions. Linda Candler, Palm Desert resident, inquired about the change in zoning of the subject property and voiced concerns regarding the reduction of the buffer requirement on the east and south boundaries of the subject property and the proposed elevation. Eglert Gutierrez, Palm Desert resident, voiced concerns regarding drainage and line of sight. James Sutherland, Palm Desert resident, voiced concerns regarding sand mitigation and inquired regarding the possibility of construction vehicles using Vitalia Way. Stephen Smoke, Palm Desert resident inquired as to whether the development would be limited to the 55+ community. Vice Chair Gregory closed the public hearing there being no others requesting to speak. Principal Planner Melloni and applicant David Dewilde responded to Commissioner inquiries regarding construction, drainage, age restrictions and changes to zoning and density. Motion by: Commissioner Greenwood Seconded by: Commissioner Holt Adopt Planning Commission Resolution No. 2869 entitled, “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING A PRECISE PLAN TO APPROVE ARCHITECTURE AND LANDSCAPING FOR A 332 SINGLE FAMIY HOME RESIDENTIAL DEVELOPMENT ON THE SOUTH SIDE OF GERALD FORD DRIVE AND WEST OF PORTOLA ROAD WITHIN THE EXISTING REFUGE SPECIFIC PLAN AREA (ASSESSOR’S PARCEL NUMBER 694-310-011 AND 694-310-003) Motion Carried (4 to 0) 8.c CONSIDER REVOCATION OF CONDITIONAL USE PERMIT 2017-0033 FOR THE OPERATION OF A CANNABIS BUSINESS AT 73818 DINAH SHORE DRIVE Principal Planner Flores narrated a PowerPoint presentation and responded to Commissioner inquiries. Vice Chair Gregory opened the public hearing. Erik Wilson, applicant representative, provided information regarding the company's background, and comments regarding the content of the staff report with respect to unpaid taxes, expired licenses, and applications for state licenses 5 that are pending complete rebuild; urged the Commission no to penalize the company/victim of fire and instead work with the applicant in its attempts to comply with requirements. LR Sanders, owner representative, provided comments regarding the condition of the building and the financial impact a revocation would have on the owner. Sam Spinello, Palm Desert property owner, spoke in favor of the revocation and stated concerns regarding risk of fire and financial impacts on surrounding businesses, and communication barriers between the applicant and neighboring businesses. Vice Chair Gregory closed the public hearing, there being no others desiring to speak. During the course of deliberations, Staff responded to Commission inquiries concerning the nature of the fire on the subject property and potential for modifications to the regulatory permit in lieu of complete revocation. Motion by: Commissioner Greenwood Seconded by: Commissioner Holt To continue this item to a date uncertain. NOES (1): Commissioner DeLuna Motion Carried (3 to 1) 9. INFORMATIONAL REPORTS & COMMENTS 9.a SUMMARY OF CITY COUNCIL ACTIONS Director of Development Services Richard Cannone reported that the City Council recently adopted a resolution denying a right-of-way vacation and denied an appeal of staff's determination that a living room may not be used as a bedroom in a short-term rental unit. 9.b COMMITTEE MEETING UPDATES 9.b.1 Cultural Arts Committee None. 9.b.2 Parks and Recreation Committee None. 9.c PLANNING COMMISSIONERS The Commission requested that staff investigate the possibility of providing digital devices for the purpose of reviewing agenda materials during Planning Commission meetings in an effort to be environmentally conscious and reduce unnecessary applicant fees. 6 9.d CITY STAFF Principal Planner Melloni reported that staff will be coordinating with Sunline Transit Agency on planning potential bus routes. 9.e ATTENDANCE REPORT A report was provided with the agenda materials; no action was taken on this item. 10. ADJOURNMENT The Planning Commission adjourned at 8:43 p.m. 11. PUBLIC NOTICES _________________________ Monique Lomeli, Senior Deputy Clerk Recording Secretary _________________________ Richard Cannone, Director of Development Services Staff Liaison