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Home My WebLink About05-20 Draft Minutes ��,� MINUTES � � PALM DESERT PLANNING COMMISSION � TUESDAY - MAY 20, 2008 6:00 P.M. - CIVIC CENTER COUNCIL CHAMBER � 73-510 FRED WARING DRIVE � �- ♦ * * Yr * * • ♦ 4 * �t * y� * * Yt * Yr * * * R it * 1r * * * * # yf * * R • * * h * # * Yr yr # � * * i��*�� * * * f * * Yr * f i. .'L, �`? .��; .�. Vice Chair Tanner announced the passing of the Chair pn May 10 and t�mmended David Tschopp on his dedication and service to the city, noting that he joined the Planning Commission in January of 2001 and gave his time �tt'Id a cons�rable ar=tolmt�o�:�ffort to keep Palm Desert the way he wanted to see it. Ch�,Ts s pp was a resi�'o� Palm Desert for many years and would be missed. A momerit�, ilence was held�t� honor and remembrance. ;.� I. CALL TO ORDER <i��. � ,;< Vice Chair Tanner called the mee�ng tCF order at 6: p.m. I1. ROLL CALL ��' �� Members Present: °1�n Tanner, Vice Chair Sonia Campbell �� Connor Limont � Mari Sc�idt �, .,. � `;=Members Absent: None �e�. St�ff Present: Lauri Aylaian, Director of Community Development ��`�� - ��b Hargreaves, Deputy City Attorney Tony Bagato, Principal Planner � - -- Kevin Swartz, Assistant Planner `_ �s�`�=�� Missy Grisa, Assistant Planner Ryan Stendell, Senior Management Analyst Mark Diercks, Transportation Engineer Phil Joy, Associate Transportation Planner � Spencer Knight, Landscape Manager Tonya Monroe, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Limont led in the pledge of allegiance. MINUTES PALM DESERT PLANNING COMMISSION MAY 20. 2008 IV. ELECTION OF OFFICERS Election of Chairperson and Vice Chairperson. A��: �`� ;_� �� ' It was moved by Commissioner Campbell, seco �� b� �ommissioner Schmidt, by minute motion, electing V Tanner ,C�a d eleding Sonia Campbell as Vice Chairpers� for th � remaind�9: � Current unexpired term, with the intent that for�°npxt`�erm that Van��r�rt�'remain as Chair and Connor Limont to be Vic�Cttet�.(Vlotion carried 4-0. V. APPROVAL OF MINUTES A �' � � �� ` � ��.�,�� Request for consideration of tha Ap►it�15, 2008 �mes��minutes. �.;<. A i n: � '� It was moved by Commissioner Limortt, seconded by Commissioner Schmidt, approving April 15, 2008 meeting minutes. Motion carried 4-0. VI. SUMMARY OF COUNCIL ACTION � Ms. Aylaian st�,�narized� p6�t��i� May 8 and May 15, 2008 City Council �ons. �, VII. OI��COMMUIrIlCA� NS None. VIII. CONS �� CIILENDAR �. �� g A. Case No. PMW 07-23 - D.R. HORTON LOS ANGELES HOLDING e��.= °. COMPANY, INC., AND TOM INCE, Applicants � Request for approval of Parcel Map Waiver 07-23 to allow a lot line �p§"� adjustment between Lot 32 of Tract 31836-1 and Lot 488 of Tract 2283 for building purposes on property located at 43-346 Tennessee. 2 MINUTES PALM DESERT PLANNING COMMISSION MAY 20. 2008 B. Case No. PMW 08-104 - MERNE KELLEY AND IRONWOOD OWNERS ASSOC. I, Applicant Request for approval of Parcel Map Waiver 08-104 fo allow east and south lot line adjustments for Lot 4t�'1�or building purposes on property located at 73-566 Fox Tail Lane.. � ��__ ; �_�� a � � a Y �. � :�.�� e C. Case No. PMW 0&133 - MONT�REY Gl�'T�WAY P L'LC, Applicant � Request for approval of Parcel f�� e_ � 08-133 to allow a lot line adjustment between Parcels 6 and PB�eI Map No. 34843 for property located at 34-250 Gateway D�ve: _ � :�� A in: �n � � � It was moved by Commiss�on ' u�� ,t, secont�ed by Commissioner ��. Campbell, approving the sent CR miElt�te motion. Motion carried 4-0. � ;�� IX. PUBLIC HEARING$,. � , Anyone who chalt�nges ar�hearing matter in court may be limited to raising only those°i�sues he, sh��tir��eone else raised at the public hearing �� scribed - or in vi►tiften correspondence delivered to the Planning �� mission y p��p�rior to, the public hearing. � a��A � �:_ _ Reports and ts rel - o each of fhe following items listed on fhe agenda are on file in tf�E�sp�a�ni of" mmunity Deve/opment and are availab/e for public inspecii�t during ►1 t�usiness hours, Monday-Friday, 8:00 a.m. - 5:00 p.m., 73510�red Waring DI�j��alm DeseK, CA 92260, (760)346-0611. � d A. C�se Nos. GPA, C2 AND PP/CUP 08-10 - PALM DESERT � F�DEVELOPMENT AGENCY AND COUNTY OF RIVERSIDE ��_,� �bEPARTMENT OF FACILITIES MANAGEMENT, Applicants �� , ° � � s Request for approval of a General Plan Amendment from _ ��_:. �� Resort/Hotel Commercial (C-R/H) to Public/Quasi-Public Facilities (PF); a Change of Zone from Planned Residential-5 (PR-5) to Public Institution (P); a Precise Plan of Design and Conditional Use Permit to allow the construction and operation 3 MINUTES PALM DESERT PLANNING COMMISSION MAY 20 2008 of a new Riverside County Sheriff Station totally approximately 85,496 square feet with a 20-foot by 20-foot rooftop heli�ld for emergency purposes, 470 parking spaces, a hs,�ardous waste storage area, a fleet fueling statio�, wash b� f�oversize vehicles and bioswales for storm pollutio� menagement. The project site is located on the south side � Gerald Ford Drive, east of Monterey and west of Portol�Avenue..T�► ,site includes a 10-acre portion of A ; 653-74t�b01, also ' 73-700 Gerald Ford Drive; r adc3ption of a MiUgat Negative Declaration of Environme Impact as it relates to the project, pursuant to Section"� , 4 of the California Environmental Quality Act (CEQA). '�- � :�,, Mr. Bagato reviewed the proj - ��;detail. He i1�tt+C�ted that there were a couple of changes to the Departfft t qf Public Works conditions of approval which had been distributed to Com o�. Ba�ed on the findings and environmental review, staff recommen��tpproval. With regard to Le�certifica � and new Title 24 mandates coming down, Commissioner Li�ripnt ask � hat the�difference was between the two and if there was a significant difference. 1Vlr. Bagato clarified that Title 24 just dealt with energy. Leed cettification went beyond energy. Energy was part o# it. Bios�rdl�swould help toward the Leed certification. It was using green products, recyet�z�naterial, but that wasn't part of Title 24. Title 24 was �� Galifornia's Ene��r��pde. Ms. Aylaian added that to get points toward Leed cera� ' n for ene servation, energy had to be conserved above and t was reqUired by the local jurisdiction; therefore, if they used Palm Desert��ery restrictive energy code as a starting point, they would get zero points tow�rds Leed certification. They had to go above and beyond that and be even more energy conserving. Commissioner Limont asked if this project was up and above that. Ms. Aylaian explained that there were six different areas to earn points. Energy corlservation was one of the areas. She didn't believe they could get Leed ��`' �ification without earning points in each of the areas and suggested that y perhaps the applicant could address that more in depth, but she thought they had some points in that category, which would mean they were even more energy conserving, or that they've used alternative forms of renewable energy sources in the design. Mr. Bagato also noted that they were providing solar panels on the rooftops. 4 MINUTES PALM DESERT PLANNING COMMISSION MAY 20. 2008 Chairperson Tanner thought this facility would not be an incarceration center, and asked if there would be holding cells. Mr. Bagato replied that there would be some holding cells for short-term, but it would �ot b8:a jail facility. Chairperson Tanner noted that the plan was only usirtig $ �hird of the area and asked if there were future plans. Mr�'�gato e ed that the whole parcel is owned by the Redevelopment�ncy (RDA � ` ; `� acres und� discussion would be sold to the Coun for the S riff's ��a .The re�#of � the land was vacant and dedicated for,c�mmer ' . He confltrhed t�Et#ali�ey were reviewing was the shaded area i�ttifyi�the Sheriff's St�tior►and the rest of the site was currently zoned for F'tSrfne�i Residential, but identified as Resort Commercial in the General ��°. �1� �nras all owned by RDA. Chairperson Tanner asked for and receiVed c�tfirm�tion that the hours were 24 hours, 7 days a week. Q,= - a:., �.�.a Commissioner Limont aske�t tf � wes using assumption that the �, helicopter would be there 1�times ye�c.l4l�. B to said that was correct. Commissioner Limont �ced abo the=ort@s:cu ently going overhead that were emergency vehicles and ere they ca�me from. Mr. Bagato said there was someone from#t� Sherif�Station in the audience that could answer that, but he thougttt they came from Indio. Commissioner Limont asked if they would be ing from this nev�t facility. They weren't infrequent. Mr. �Bagato defers'e � the Sheri� �� n representative. Commissioner Limont noted that t�ere ere con ' xt door and possible development on the other. Cha�t�et�oi�Tanner thought that was a good question for the appficant. Mr. �e�ga � ted that it was his understanding that there wouldn't be a helicopter hou at this new facility, it was just for emergency {�t�o�es• � 4 ��,. ��. , Chairper�f Tanner�gne.� the pubiic hearing and asked the applicant to address t�e Commission. >m MFi. BOB WOLF, HDR Architects in Pasadena, stated that they are �;the architects on the project and he was present to answer any questions. He stated that there were no specific holding cells in the �`' project. The only restraints were some handcuff rings on the benches, but there would be no cells built in the facility; that would throw it into a completely different category. Commissioner Campbell asked about the helicopter. 5 MINUTES PALM DESERT PLANNING COMMISSION MAY 20 2008 Mr. Wolf said the Sheriff's Department was represented, but believed that the fleet was based in Thermal. There would be��no specific helicopter based at the proposed facility. �� LT. FRANK TAYLOR, Assistant Chlef of Polic�;`fi� the Ciry of Palm Desert, explained that the helic�ters that currerltfy� , in the vall�r were provided by the Sheriff's Department by C �a Highway Patrol. Both of them were housed regul down in '" ` �d they wouldn't be housed at the Palttl Dese�t�acility at any tlme:'The new Thermal station, which was in th��nning stages, had a hanger setup for the Sheriff's Departm�nt f�1G�ter to be housed down at that location. He hoped that answere�� 4u�stion. Those were the only two in the valley on a regular basis, � �`` There were no other questi "ttl�hai�r5on Tanner asked for testimony in FAVOR. There was none M He � �,there was any testimony in OPPOSITION. There was none ancl he e public hearing and asked for Commission comments. � '�� -�_ �� Commissioner Camp�ell thot�jht it wag a great location for the building and to have the f�cilit�'here in P�tlm Dese�''t. She moved for approval. � Commissioner L�ont thought it fit with the architecture in the area. She �d if thi�would be County properry once it was approved. Mr. Bagato �C�tl�med that�it wou�belong to Riverside Counry. Commissioner Limont �ecOrr[� the mo�qn.� �� It was rtxoved bq Commissioner Campbell, seconded by Commissioner Limont, aelop�ng the findings as presented by staff. Motion carried 4-0. ��a It was moved by Commissioner Campbell, seconded by Commissioner � Limord, adopting Planning Commission Resolution No. 2475, recommending .,��,<.��. to.C�r Council approval of GPA, C/Z, PP/CUP 08-10, subject to conditions as'amended, and a Mitigated Negative Declaration of Environmental Impact as it relates thereto. Motion carried 4-0. 6 MINUTES PALM DESERT PLANNING COMMISSION MAY 20,2008 B. Case No. TPM 35978 - PALM DESERT ASSOCIATES, L.P., Applicant g-f Request for approval of a Tentative Parcel Map�o st�bdivide a .97-acre parcel with an existing 9,, �square faot building into five separate parcels with commo� ' arking fqr s�le p�poses. Subject property is located at 73-760 Dinah �ho�e�PN 53- 250-058). Mr. Swartz reviewed the request and"`t�t��mr�nended approva��subject to conditions. �� .i�. Commissioner Schmidt asked for clarification th8t the existing building would be divided into five parcels, not th� ground it wes �ting on. Mr. Swartz confirmed it was just the building. Commissioner �hmidt asked if it was being condominium-ized. Mr. Swariz c�im'hed that it was for sale purposes. Commissioner Limont asked how long the building had been there. Mr. Swartz noted that n was ap�oved on October 4, 2005 by the Planning Commission. � �rChairpersott Tat�ner g��the public hearing and asked the applicant to �ddress th�Commission. There was no response; Mr. Swartz confirmed that the applicant wasn't in attendance. ChBirp�rson Tanrrt�,ask�ed for testimony in FAVOR or OPPOSITION to the „ � sed tentative parcel map. There was none and he closed the public hearinc,�and asked for Commission comments. ��° Commissioner Campbell noted that they have had similar requests before them an�noved for approval. Commissioner Limont seconded the motion. Action: (t w�s moved by Commissioner Campbell, seconded by Commissioner Umont, adopting the findings as presented by staff. Motion carried 4-0. It was moved by Commissioner Campbell, seconded by Commissioner Limont, adopting Planning Commission Resolution No. 2476, approving Case No. TPM 35978, subject to conditions. Motion carried 4-0. 7 MINUTES PALM DESERT PLANNING COMMISSION MAY 20. 2008 C. Case Nos. DA 07-02, PP 07-11 and CUP 07-14 - LARKSPUR ASSOCIATES, LLC, AND PALM DESERT REDEVELOPMENT AGENCY, Applicants �. Request for a recommendation to Cfty Counc�l fqr approval of a Development Agreement, Precise Plan of� Design, Conditional Use Permit and Miti�ated Neg�tive aede �, of Environmental Impact, to allow;d�e construction of a nQw story 106-room boutique hotel �rtt�tinro-story condomini�tani� including 16 three-bedroom locl�ot�>roio�s (48 keys maxirrium) totaling a maximum of 154 units/k6��project includes 203 underground parking space �a r i� area, gift shop, conference and meeting rooms, spa, �, t3t�+ties including a roof deck pool and bar� deck g�� and roof deck patios on 11 of the 16 cond' 'um unit�: The project is located at 45-400 Larkspur �� kr�pwn as APNs 627- �-.� 262-008 and 011. � tl�'��%� �g�a Mr. Bagato reviewed the prvposed prpJect, and based on staff's review, recommended th�$Planning Commission recommend to the City Council approval of Cas�;Nos. DA 07-02, PP 07-11 and CUP 07-14. Commissi�er Lfmont noted that Mr. Bagato mentioned that in the event of an �,mergenc�f � �otel could be used as a community cool station. She asked if that be for residents of Palm Desert or just for hotel guests. fV�r. Bagato ans that it was supposed to be for Palm Desert residents. Using a SCerlario o�it being August and getting hit with a major earthquake � and no facili��for a week with the hotel at capacity, Commissioner Limont asked how ma� people the facility could accommodate and where they would be put �e was asking because if they were using that as part of the ,� selling p�ints, she wanted to know what they were looking at as a � �: community. Mr. Bagato stated that they were working on the development agre�ment and land transaction. The land was currently owned by RDA ,_�;�_��;�=��a �R�evelopment Agency) and those specifics were being worked out and the ; ��pplicant could probably address that in further detail. He didn't foresee the hotel being sold out in August, but if it was, there was the lobby area and potentially the underground parking would be cooler than normal. They were working on those specifics before start of construction. There would also be conference and meeting rooms that could be used, as well as a spa and workout room. 8 MINUTES PALM DESERT PLANNING COMMISSION MAY 20. 2008 If they didn't have power, Commissioner Limont asked what was going to run the cooling system in this building. Mr. Bagato said they would provide an emergency generator on-site to run the building, and air-conditioning. Commissioner Limont asked for how long. Mr. �geto wasn't sure. Commissioner Limont said those were s of the things they had to ask if they were going to put it out there as� �1ace where folks could go. Mr. Bagato agreed. He said if they received approval, they v�quld v++tu'k on those details before they pull construction p�rmits. ��a� ;� � ��,� Commissioner Schmidt noted on the fir�t �� .of the staff report�hat 16 units were proposed as condominium units f,�` � ng purposes and they were not intended to be permanent residerrtial �fts. She asked if that meant it would be built in two phases. Mr. Bagato said no� it would be built in one phase, but, for example, if they��d a�t0 million loan for the whole project, it was more difficult to finance. ��t1�dr�qn, with a�Condominium map, they could have 16 owners of the condominium��ha�_��Ivould be part of the rental pool and then one owner of the hp�el, so tt��ould split up the loans. But the intent, and it was a,condition of approval, �tias that they couldn't be used for living purposes.-�`hey were stil! c,�oing to generate TOT (transient occupancy tax) and act like et hotel, they were just going to have individual owners instead pf Just one for the who�e project. They could potentially have 16 different owners. � ( 0� ��i�d �� , ' ��1.�� There were =r1c� o�er questions. Chairperson Tanner �� the public o. .��v:� hea��and asked� applicant to address the Commission. � �a� .� � �;�WILLIAM �E LEEUW, the Managing Member of Larkspur , A� #es, LLC, commended staff on the completeness of the staff report�'q�er reading it, he said it took most of the wind out of his �� pre��tion because it covered everything he was going to present. � B� he did want to go back over some of their goals for this project. . �. �� After looking at the project and talking to people in the city, neighbors and other people and what they felt should be accomplished from the Shadow Mountain area, they said they should make it look residential. `°ffi They shouldn't violate any height along Shadow Mountain and should N�:� only be the 24 feet allowed on Shadow Mountain; that the project should be lower than The Gardens; that it should be less dense on the south and then transition to the commercial and heavier density closer to EI Paseo. He thought the architects did an excellent job 9 MINUTES PALM DESERT PLANNING COMMISSION MAY 20. 2008 doing that. He noted that the project was twice as dense close to EI Paseo as it would be on the Shadow Mountain side. On ihe south haif of the project there was a total of 48 rooms and on th�north half 106 rooms. °� ,� �: �� He thought Mr. Bagato cover quite a bit o�r th� benefit to the community. A four-star plus hotel'in an under represented area. They had a lot of hotels in the city, but there was notftin� quit��il�e a boutique hotel in this area. It would fil�� void in the rrt�tk�►t� or�e that each city in the Coachella Valla�l des�i to fill. Everyon�would love to have something in their dow�ltow� a that was similar to this project. a� �, One other thing that wa,� in the staff re� that they had been working on with their des � wa� the hist�al element in the city. On this site was originally ��tel Celled:�re Cliff. They wanted to bring in some of tt� elements ant�work�d"with the Historical Society to bring some ofthose elements i�their lobby, as much as possible. As far as ngrning, they hadn't otten that far. There had been suggestion�'om people that they try to name it after that, but there were roblems, mai�ly becau�there was a restaurant by that name, they ' not wa��tt�at name, and their operators may not want it, so it w�; open thing. Mr. De L id that Mr. Bagato covered the Leed certification and F�;� stso the eme � y generator and cool room. Their plan, and he ��('roUght there was a question by Ms. Limont on where that would be, and he thought it would be in their meeting rooms, in the area they use for conventions, meetings and public spaces, as well as the res�a�rants. If it had to be other places in the summer, they would � � probably have vacant rooms, especially the suites, which were fairly large and could house quite a few people. They weren't talking about housing for a prolonged basis, but for 24 to 72 hours until power could �;��'" be turned on. Something in that range. He hoped that it wouldn't be �� '� � a lot longer than that, but one never knew. �sJ One thing that had been sensitive, and the neighbors in their meeting asked them, was outdoor music. He said they have no plans for outdoor music. They didn't propose it because he didn't think it would fly too well. He said he would be happy to answer any questions. Most 10 MINUTES PALM DESERT PLANNING COMMISSION MAY 20. 2008 of the presentation that he was going to make was covered in the staff report, so he didn't want to be redundant. Commissioner Schmidt asked about the p oposed build-out time frame. � Mr. De Leeuw said ideally, within next si �� ` ths. That would t� six months from City Councii� They ha�Ve a �tBvelopment and disposition agreement with th� �alm De�ert Redevelopmq ncy that required them to get finishe�`�lar� ��et financing, anc�s during that period of time. So their goai was� start construction during that period of time. They'd been told t8 mon�ls, but they might be able to speed that up a bit, because t� montf�s hi�'the market at the wrong time and they would love to hit that fivs months earlier than that. Whether that was feasible or not, he didn't know. One other thing that might effect the exact �ming w �' e financ�ig market right now; it was a little toughec now than it we ' mofiths or a year ago, but it looked like it w� getting better. < didn't get to make all the decisions them Ives and a little bit w�s out of their hands. �� Commissioner Campbell aslsed about the parcel zoned Commercial that went into the p g lot wher`+e Ma -Gina's is located and if that would be open in case of emergency so th�t flow of traffic could go in and out, not regular trdfflC, but the hotel or in an emergency situation, or if they would be closing that. a>� ' ��'; Mr. De Leeuv��id right now there was a 24-foot easement from EI Q,�Seo that go�to that Commercial property. The hotel, as proposed, ve a legal access to that and they couldn't use it for parking o��n�b�g else. The Fire Department had access and that easement co�dn'� be built on. It was technically owned by the 10-unit co�dominium project to the east of the project. He also said the Board of Directors of the Shadow Cliff Homeowners °" Association passed a resolution endorsing their project; that was the ��``�� property directly to the east. Chairperson Tanner noted that Mr. De Leeuw made a statement about being able to control the noise on some of the decks on the second story. He wanted to make sure the noise was controlled, because other inhabitants of the hotel would not want to come back. 11 MINUTES PALM DESERT PLANNING COMMISSION MAY 20. 2008 Mr. De Leeuw said having been in the hotel business before, he could assure them that the hotel management was more conc�erned about noise than probably anyone else, because it amounted to basically a refund. In other words, if they had someone in tfi8 roarm making noise, people on either side if they wer� kept ' t,�turbed, the first request was for a refund and reft�s were expensive w� to solve the problem. Security,'guards, � ��osi�on of restricti , everything else was a lot ch88per fo�� em and a lot mor��ost effective. They had probably more irt+centive to keep noise under control than almost anyone else. Commissioner Campbell asked if the restaurent 8t� bar in the hotel would be open to the general public. Mr. De Leeuw said yes,; His goal when the��"arted was to keep it to a bare minimum, but for the tior# for four stars that they wanted, that required a full-serviCB�g restaurant, and they were even smaller than they wanted, they wvuld to like them larger, but his general his�riCal philosophy was that hotel restaurants didn't make money, sc,i��ceep them as srr#�11 as possible. But to answer the question, yes, opert; the pti�lic, access directly to the street on Larkspur� and they 81��ad to have 24-hour room service. s�missioner Cart'�pbell said that even if it was a four-star restaurant, they � a�►►ou�d have s�im�ing open 24 hours a day for their clientele. �, Mr. De Leeuwv said unfortunately they have to have that. Commissioner Campbell reiterated that he had to have that besides room � service. �� Nlr. De Leeuw said yes. ,.,. Chajrperson Tanner noted that Mr. De Leeuw mentioned a bar on the � roc�top. Mr. De Leeuw said yes, there were actually two bars. One at the pool on the rooftop and the other bar adjacent to the restaurant on the ground floor. 12 MINUTES PALM DESERT PLANNING COMMISSION MAY 20. 2008 Chairperson Tanner asked if the bar on the rooftop would be open to the public. Mr. De Leeuw said the bar would be, the poot technically would not. Because of the liquor license rules; any bar with a Type 47 license was open to the public. ��,, ;-�ea 1,_. �� , . � � Chairperson Tanner noted that the h s would tie limite ' �� am. on Friday and Saturday. z�, , Mr. De Leeuw concurred. � . ,. There were no other questions for the applic��,�-hai�erson Tanner asked if anyone wished to speak in FAVE� or OP N to the proposed project. There was no one �„-�te [�ub(fe hearing; ` �s closed. Chairperson Tanner asked for Commi �n com�letit�: �� , ,�� _ Commissioner Limont said she was think�ng along the same lines regarding noise as Chairper��;Tanner. They had just gone through a pretty horrific situation with anotl'i�r vendor on EI Pa�eo and the neighborhood, so there was a concern when they added �l�hol, vacation time, and free time and then they hatce �Iks living in the�.�ighborhood. So she had real concerns with regatd to he�ring a pool and a bar on the third story in a neighborhood. And this was a ne ` borhood. There were still folks living there. If they were the � rson who l' xt door in the condos that had a two-year old, how � feel if it � midnight on a Friday night and people were having �agoi�d � She t ` ght they needed to take that into consideration. ��a � But she al�o t�ii�ught it would be great to have a hotel close to EI Paseo. The ability for fo�`to visit Palm Desert, walk to the shops and restaurants, and �; to really�st enjoy that area was terrific. But she was hesitant at this point � with re�ard to the third story, with regard to the pools up there, and with � regard to bars up there. �� 4 Po�� mmissioner Campbell thought the problem that occurred with the other '`��r project was not just loud music, but amplified music. She didn't think there would be a request approved for amplified music. So that wouldn't be allowed for this restaurant/ hotel, even though it would be on the rooftop and there would be certain hours to be adhered to with regard to selling alcohol. She was happy to have it on EI Paseo, as many of her clients requested 13 MINUTES PALM DESERT PLANNING COMMISSION MAY 20. 2008 boutique hotels so that they could walk to the shopping area instead of driving from Palm Springs to EI Paseo. She didn't think they would be having any increased traffic because as people came, the�would park there and just walk to the other restaurants and to the shopping:�, _ �� She didn't have any problem with the h�tghts. The Shadc�i�Mountain are,�t would be 24-25 feet, just like the oth�r two-story apart�� across the street; the Gardens structure would be�ller th this hotel. �' �#avor of the project. � � � - � ��`�� Commissioner Schmidt said she had t4 admit that when she first saw this project she went, oh no, here we �. But the�`e had been an incredible amount of work put into this project from everyone's standpoint, she was quite certain. And it really was site s�ecific and looked great, and she particularly liked that they front IoSd�d � on Larkspur. The main thrust of what was going on was on that slde of tl7e stre�t which faced Saks Fifth Avenue. She was very pleased wi� that. She�t'as also pleased to see that the condominium elernent triet# to meet the height restrictions and the densiry restrictionsand didn't�mpose itself on the residential community as much as a plan �� this could do. She was a little disappointed that it seemed busy to her, it seemed archi�cturally busy, but she knew it was a tough site to get that kind of density on and thought they had done an amazing j4b with it. She said wasn't even going to argue about the height because of T�ie Gardens across the street; she thought it worked. And thankfully they he�t`a fall in the ground elevation to the north which helped a la� 1�this was sitti�t�an flat ground and they came with three stories, she would tic�f`� at all in favor. So with that, she was in favor of this project. � ;s�� ` Chairperson��er was also a little concerned about the presence of a bar and a poo! in a pavilion-type of area and walk space on the roof. He thought that Palm Desert needed a boutique hotel downtown Palm Desert, he was just a litd�e concerned about the bar sitting on top of the roof with the pool, rooms around it, etc. He just wondered if something could be accomplished witti room service also providing bar service from downstairs. It might be a littt� less convenient and maybe that was what he was looking for. He was in favor of the project and thought it was going to do exactly what they wanted it to do, and that was to bring people down to Palm Desert and let them walk EI Paseo. But again, he was a little bit concerned about the bar itself and he was not going to pull his vote just based on that, but 14 MINUTES PALM DESERT PLANNING COMMISSION MAY 20. 2008 encouraged the developer to look at something different and maybe City Council, after hearing the Planning Commission, would look for something a little different. But he thought it was something needed in P;�Im Desert, he was just sorry there was an inclusive bar on top. . �� ,,. � A i n: w`��'>�'e�: �,� , It was moved by Commissioner Campbell, secQnded by Commissioner Schmidt, adopting the findings as presented by staff. Motion c�ried �3-1 (Commissioner Limont voted no). It was moved by Commissioner Campbeli� �onded by Commissioner Schmidt, adopting Planning Commis �� solution No. 2477, �3 - recommending to City Council approval of DA ; 07-11, CUP 07-14 and a Mitigated Negative Declara#1��f Environme mpact as it relates thereto, subject to conditions. Motion Carried 3-1 (Commissioner Limont voted no). � � � F� , � ��< X. MISCELLANEOUS A. Case No. PP�7-12 - DAVID NELSON, Applicant ,� Request for approv�l=; p�� preliminary building site for a Hillside N Planned Residential prb�erty located at 72-340 Upper Way West (APN: fi2&�30-008). : �, Mr. Stendell ex�tained that staff was recommending a continuance of this item for tNta weeks in c�rder to do some public noticing. Erring on the side of � cautio� s�aff was recommending a two-week continuation. He was ready give a ful��taff report, otherwise, staff would return with the project in two � weeks an� present it then. Commissioner Campbell asked about the public noticing since this was a Miscel�neous item. Mr. Stendell stated that with the hillside area, there was never any harm in erring on the side of caution. In this case, even though they were talking in a very preliminary level and not entitling anything, because they were talking about the hillside and because it was such a sensitive area, they were going to do the public noticing as required by the ordinance, even though the section of the ordinance they were discussing could be argued that it wasn't required. But he thought it was the right thing to do to notice it and come back in two weeks. 15 MINUTES PALM DESERT PLANNING COMMISSION MAY 20. 2008 Commissioner Campbell suggested hearing the staff report in two weeks. Mr. Stendell concurred. It was noted that this would be the only item for the June 3 meeting. Ms. Aylaian suggested that it be heard on June 3svnith apologies to the applicant. This was a new ordinance$and was th�#��'time this clause or ordinance had been used and staf��d thr � three times and decided that technically, it didn't have to f�"a public hea`ringwith the noticing, but there was concern expressed from neighbors and steff tietermined �at noticing would be a fair interpretatfon of the ordinance. It w�r�4� little ambiguous and staff felt when in doubt, i�w appropriate to give ev�ryone enough notice and because we have ke the applicant waiting, she suggested meeting on June 3. Commissi� concurred. Commissioner Schmidt asked for and received confirmation t�t there was enough time to give notice for the June 3 meeting. ChairpersortTanner�asked for a motion. ��?: � .:£x A i n: � �� .� " -� It was moved b Commissioner �� rih y pbeN, se�onded by Commissioner Schmidt, by minute motion, continued Case No. PP 07-12 to June 3, 2008. Motion carried 4-0. XI. COMMITTEE MEETiNG UPE�ATES KTn .`� i��;� � A. ART I��UBLIC PLdC�E$ ��t �a�, Commissioher Campbell reported that the next meeting would be May � 21, 2008, �. LA�VOSCAPE BEAUTIFICATION Commissioner Limont reviewed the items discussed at the last � me�ting. C. PROJECT AREA 4 COMMITTEE ; � x;��,� Commissioner Schmidt indicated that the meeting was canceled and the next meeting would be in June. 16 MINUTES PALM DESERT PLANNING COMMISSION MAY 20. 2008 D. PARKS & RECREATION Chairperson Tanner informed the Commissiort Xhat there would be a study session next Thursday regarding the cbmr�nunity center. It was scheduled from 10:00 a.m. to 12;0� p.m. H8 st�etfed that he would update the Commission on that,��eting June.3.� , �. <�` �� ' �, � XII. COMMENTS - � None. ��-`�� `��a�. .! , - ��._ ��r�� XIII. ADJOURNMENT 'z' � _ It was moved by Commissioner ,seC�nded by Commissioner Campbell, adjourning the meetinc��iy min m4tion. Motion carried 4-0. The meeting was adjourned at 7:09 �:m. � -:�� , �` ✓� LAURI AYLAIAN, Secretary ATTEST: ��`� � �. y ., � � � ��"�� _ � �� VAN G. TANNER, C Palm Desert Planning�Dn�l�i�sion ,� /tm � � _ °_� ��, ��` - g 17