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Home My WebLink About04-14 Draft Minutes �'�'� MINUTES PALM DESERT PLANNING COMMISSION `� TUESDAY - APRIL 15, 2008 6:00 P.M. - CIVIC CENTER COUNCIL CHAMBER ' � 73-510 FRED WARING DRIVE * * * * * * * * * * * * * . * * , * * * * * * * . * * * * * * * * * * * * * * * * .. * * * .. * *�;`�* * , * * * * * ��x�` �'� . �, �,�,� �� I. CALL TO ORDER ,_��`�:.� <x.°`,,�� ; x',� ,�r Chairperson Tschopp called the meet��to ord ' 6 � � ��;.� k..�.'�~, Jy 'i , � y�'�� II. ROLL CALL ��' � '�F F�`�� <��. �� a � �,:,:.,� Members Present: Dave Tschopp, C � � Van Tanner, Vi�Cha � �°,�� Sonia Campb "�'�' " ` "� �1�.:, � `� z.r Connor Li��;:E �r:�r ' �� Mari Sc�t'�ti� � �� ``'� �. Y• ,t � y,�`.��1 � .�x:'��3.:.. Members Absent: N �'; � � '� �,�> ,�k � Staff Present: � �turi Ayl=p�Fan, Direc�r of Community Development �' ob H�reaves,�eputy Ciry Attorney �' Tony, tQ �ficipal Planner � `�; Ryar�;St�t� ' ;'Associate Planner £ � Rene��Nrader, Associate Planner � ��;� t� � , �;�:_ - �`� _ � pencer Knight, Landscape Manager � �4 :-�� ":. T��ra Monroe, Administrative Secretary ' 4 � ..:'r. ♦��M ..,... �.. III. � ALLE�t�►NCE �; �,r :_� '; �. �"� Commissit?rte�,,�Chmidt led in the pledge of allegiance. � IV, �� APPRO ;� L OF MINUTES „�, �,�.:. ' � ,w Requ�ist for consideration of the April 1, 2008 meeting minutes. � ��-; � � �� , ,�s �� ' $ It was moved by Commissioner Tanner, seconded by Commissioner Limont, approving the April 1, 2008 meeting minutes. Motion carried 5-0. V. SUMMARY OF COUNCIL ACTION Ms. Aylaian summarized pertinent April 10, 2008 City Council actions. MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 VI. ORAL COMMUNICATtONS None. VII. CONSENT CALENDAR °� �� ;.. ,:� .,,•� A. Case No. PMW 08-106 - STO GLE" ��PMENT, LL��, Applicant �" �� 1 ;f^ '��, .�� .i qyy� � '� ��Z -.,rl>f A�t`dl�� ,�? Request for approval of Parcet „ V1�,�er 08-106�irief� `.� ��% s "F" and "L" of Tract No. 30438-2 t�`� ', ; � odate the club� +� design at 72-425 Stone Eagle Drive (A o 0-011 and 017). r� � ` "' �,� � Action: �� _`� � ,. It was moved by Commissionec C�pbell, � ' `�` ,r �� by Commissioner Limont, approving the Cons �' �'`� � " by min� ` otion. Motion carried 5-0. � 4 L t. �. �a ' ��Y �� ; � ;.k VIII. PUBUC HEARINGS �.�` `�, ' �'�``;� ;j . Anyone who chall8 � any„ `�aring m er in court may be limited to raising only those issu ; ��fiie, sh ` som�e else raised at the public hearing x.,:� described h�[e or in spondence delivered to the Planning F �ommiss{oi�;2�,,`�r prior tc�;��i p ' lic hearing. � � :,, .5a� �_,m k``°a� Case' �e 90-9, VAR 90-3 and GPA 90-1 Amendment #1 - x�.:. NS � ` . � BUILDING PARTNERSHIP, Applicant , :: �� .r s „ '". u�st for atpproval of an amendment to the conditions of �. � �p��,��pr a previously approved project (Precise Plan 90-9, '� V�'`~�` '�90-3 and General Plan Amendment 90-1) to delete } C on No. 8 of Planning Commission Resolution No. 1450 ' �' r uiring a 42-inch wide opening in the eastern wall to allow for ` �.: x: pedestrian access from Catalina Way. �'�; :_� ��sb {�� `'�`�<= � Ytendell reviewed the request, noting that he received two letters from � � �'�� - e adjacent property owners stating that they were in favor of closing off the access because of loitering in the evening hours, property damage and other reasons. Early that afternoon he also received a letter with 20 signatures from people in the neighborhood in favor of closing off the access for the same reasons and that letter was distributed to the Commission. He also noted that there were people who use the access and want it to remain. In this case, based on the response from the area residents, Mr. Stendell 2 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 recommended that the Planning Commission remove the condition allowing the owner to block off that access permanently. He asked for any questions. Commissioner Tanner clarified that staff was asking t at the requirement for the cut-thru be removed. Mr. Stendell concurred. �`F �'- ;;�,` .:� e,�, � F. Commissioner Limont noted that the ' sid�� .`��?�uld remain f emergency vehicle access. Mr. Sten concurr �:��t 'oner Lim asked if the gate in question was lock ' right no �` r. St � ' �r� ", �nd explained that there were a couple of lai�� hat it ha � and that was how it came before them. I�.�i� n discussed wi , it was � �. shut, and now the applicant wanted �_ ed formally to remove the condition. � °'�� '' ��, ,£;� �#`w� Commissioner Limont asked for � mation th` the gate was open �� ' versus having it locked, th�� „= escalat� �- tagging and other problems. Mr. Stendell d��rre� � °;' stion � `� the property owner. Commissioner Limont ast+�d if hi;�#drfi�t ��vere more police reports when it was open. Mr. S#�ndell � �d ye�.`t�i#��ivas a memo in the file of all the calls from 2001 �02 wit��PProxima�ely ten calls for service and eight additional calls for. , : ' alar register�through the security company and police departm A�`� here a hist� , while this was open, of it being an issue for th r�rty ow ;�;k � � �. .� � � miss � � ner reiterat�d that the answer to the question and the ,.;. � .� ' �er to thg " would be to lock it down or remove it and add fencing. ,,_ : 'I�� dell sa� : , �;. k it down in this case. Staff made the finding that it ' g al � � e impact, both on the property owner and the � ` � nei�orhood. They usually encourage people to get out and ��' walk to' ;but in this case there was sufficient evidence to show that it was irr ;,` t interest of the people living on Catalina and in the best � interest �'t owner to shut it permanently. , � , �; `r Comm`t�sioner Tanner asked if there had always been a pass-through there ��'`�=�� or if it.tivas added. Mr. Stendell explained it was a condition of approval on '_�� ; , ��roject when it was approved in 1990. It was there from the beginning. �� ' '``�' ''was vacant land before that and when the building was built, it was " included as one of the conditions. Commissioner Schmidt asked approximately how many residences there were on the street and in the area. Mr. Stendell said on San Anselmo there were approximately 40. The legal notice was sent to more than 90 total residents. Commissioner Schmidt noted Mr. Stendell heard primarily from 3 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 those on the petition. Mr. Stendell said from the immediate vicinity and directly on Catalina for the most part. Chairperson Tschopp ��the public hearing and asked tt�$'�applicant to address the Commission. ;�`�:,. � � � :j� �:- . � ,::. MR. MIKE HOMME, 46-300 D , �'_' Lily ��. „Y � owner of t property, said that through the "� rs, they', � f proble . In the very beginning, they had��the gro„ : ligh a 'ad to take that out and put the li §up ' . The bigg��► had been that kids can step throug ' and if there was�t p�i iceman �� there to get them to move along;.�s ;' s ad to do was walk through the gate and the police couldn'� � � � 'V''� �� It was the same with the parking lot. What happened was th � �nd some pretty rough �;�e. characters, gathered and,th� when�Y � "'came out at night, � :.,. �.. especially in the win a; hen it "- 'g, they were really intimidated at times , �tFte � ,� � re by gate. There was trash thrown down ther �:�nd ov�� 'n � y'd tried just locking it at night and actu ''had sotrieone ��' with a car or truck, put a chain throug�j; e gate,_ �nd just r�"W out of the opening. So they'd tried severa�i'�'thods t�trying t ,�rovide an access and make it safe in the eve�g. Befare�hey p ; 'is gate that was up there now, they had � ding ta�;�� ,' es in one month. It was kind of never � endi . ey tried f . ng�aff between the buildings and their own � �' w�tt��t�` y4' people �� doing that and that didn't work. Since the �V. �� gate Fi� � _„t up, they've had no trouble whatsoever. There had � :`�;been no � T o trash and it seemed to be working pretty well. He .� d for�ai��estions. " Commr � '� mpbell asked if Mr. Homme would be interested in walling �`�w in the ar� _ e it all look even instead of just locking a gate. �x��'y �� , . �- � Mt�` Homme said what they did was get a metal panel and filled it in °°�° $nd painted it to match the gate just in case at any time there would �, � eed to be an access for some reason. It had just been such a w- ��.�a: .��;,� ,; �k�� .�; .,, problem over the years that, as much as he didn't mind people � � �� -M'� walking through the property, it was just that it had really been M >��c, .5�,� abused, probably just by a few people. Commissioner Tanner asked for clarification that Mr. Homme wasn't going to take the gate out, he was going to leave the panel on it. Mr. Homme said that was the plan. 4 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 Commissioner Tanner asked if that didn't work, it would be filled in with fencing. �s:.. Mr. Homme was afraid if he put a little piece o� maso all in there someone would just pull it down. This worked�:'�ettx:` od. Someone couldn't put a chain through it or a t�ok over,,R . - ° ��:. Chairperson Tschopp asked for any tes�i�mony in F . �s ?��`��POSITI to the proposal. There was none �d the p�' ic he-� � . Chairperson Tschopp asked for Co sion ��ifnments. "� `' ` '� ��` , , �,,. ��-�� Commissioner Campbell stated that ��fi��aff findings and signatures presented to the Commission, she wo ` `��`'�`�° otion to delete Condition No. 8. � � Y�� d� �' . � Commissioner Tanner secon tM��Q�ion wit �tle~note that they owe it to the constituents of Palr�: ��, ri�� ly th .oi�es who reside, but the ones who own buildings, 'make s�re �e: ing everything they could to help them. Seeing th there v��s no o�'p��`�a,��n and there was a financial burden on the buildit�g�, wner, �at was v�y�Fie was seconding the motion to remove the condi ` _�� z��R'�•- 4. A i n: �., � ,` ;-,:-: ,.;lt was m ` �� Com � �ampbell, seconded by Commissioner ner, ` #he finding� as presented by staff. Motion carried 5-0. ,�r.� � �. '� 'l��;.-,�noved `�� m�issioner Campbell, seconded by Commissioner Tat'��.,�Qpting 3t�g Commission Resolution No. 2473 approving the r` , � :` .�ting ndition No. 8 of Planning Commission Resolution No. =;:� 1450 r = �`r��he requirement for pedestrian access. Motion carried 5-0. �R.�:�vw:w r;� � �-� B. C�e�os. CUP 07-17 and PP 07-15 - THE ROBERT L. MAYER ,,:,d�. TRUST OF 1982, Applicant ` r : Request for a recommendation to the City Council of Palm ' ��; k,,�, w Desert to approve a request by Oakmont Senior Living, LLC, -�� ;��'� which consists of a Conditional Use Permit and a proposed Precise Plan to construct 121 senior community care and health care units with decorative architectural elements up to 34 feet 11 inches tall on 8.63 acres located on the northeast corner of Country Club Drive and Monterey Avenue at 73-050 Country Club Drive. A Mitigated Negative Declaration of Environmental Impact resulting from an Environmental 5 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 Assessment pursuant to the California Environmental Quality Act (CEQA) has been prepared for the proposed project. Ms. Schrader noted a correction on page 2. She ind'cated t� `�he existing General Plan designation was mixed use. The corre� t� ' changed was CC Commercial. She explained that mix d use,,: ; E. �� density 10-22 dwelling units per acre and commerc' " t�� sign �i' � r described th , request in detail and informed Comrr�; on that �� hone c were received. Many people questio`,_ the co "` erci . '�ili, ��ith the medical use across the street. a �` ers �`' e concerr�c� �i;�<= affic cutting into Monterey, which she said�`�� n't. Staff also rece��'�i a letter from the Homeowner's Association wh " , � ' culated to the Commission. Lastly, she received a phone call that a�'` someone living outside the 300-foot radius, but he wanted it State ' ord that he was sorry he could not be present and rec��es��d that �g be continued to allow him to be present. Ms. 5�,��ted tha d be concluded that . y, . based on staff's findings, tf1��}��Si'i��t�`:�nditio Use Permit 07-17 and Precise Plan 07-15 could�� grant� � .,: ,r�. r'; ,;° °"' 'a?'� Commissioner Tann�et�oted th�the proj�ct clearly showed two-stories and asked about the �sion ��='the nort�''shown on the plan. Ms. Schrader indicated that �, �� lower ; ortion "as the single-story apartments. � Commission�r�`s�� ner as �the le-story units would follow around the � orth anc��a .s. Schra�.d�sp� yed a picture of the single-story portion. � � the f�o� � �' levatior�; sFte said there was a little bit of a combination ��<�;� �->. : wE� �he sin�� y ortion only at the corner. The rest was two-story. Ct��tt�iiung eas�,�y ��sioner Tanner asked if it was all single-story. Ms. Sc�l1t�r��eoncurr�[�#the tan-colored section was single-story, as well as �the tt��i� ` s. ,�� § ;�- ` ��'�� ' Commiss� _ � mont asked to see the Monterey elevation. Ms. Schrader '�� displaye t a�d pointed out the single-story portion and west elevation. .:�y Comm � tlioner Tanner asked about the number of units. Ms. Schrader clar� that there would be a total of 117 units in the main buildings and four �as for a total of 121 units, some with one and some with two bedrooms. k� �. 4.:. ,g._,r�f� Chairperson Tschopp indicated that the parking analysis in the staff report showed that for a convalescent home there were supposed to be 45.25 spaces. Ms. Schrader said that was kind of a guess of what it would be like if half of the apartments were double occupancy, so they added an additional 60 onto it and then beds, then did the calculation based on that. Chairperson Tschopp pointed out that the proposed project showed 163. Ms. Schrader 6 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 agreed it was really over-parked. Chairperson Tschopp asked why. Ms. Schrader said she would prefer for the applicant to give her the design intent, but guessed they wanted to provide sufficient underground parWng for those who did want to retain their cars. And there would be gue��Y��arking and employee parking, because there would be medical �'', ice �inmg facilities, recreational services, concierge services �d that ' : ` requirement. a``�' �`�a's� z �. 4�� . During staff's conversation with the a ant, Ch '�" ' ::°�` hopp ask,�ti - .. if it had ever been mentioned by the �� licant th �" ssib p� ,, �n , se into apartments if the convalescent h ' idea_ n't work. fVl` � ' said that had not been discussed, all she � ,,, that it was int�n o be an . � ,: institutional state-licensed facility. it would never become condominium or apartments, but was<< .� better question for the applicant. Chairperson Tschopp asked if G�`�° �� " prohibited this from being turned into apartments if aRpr�ved as �' ` �` scent health care � ..�, project. Mr. Bagato noted th� � �ect beirr� ��`sented was for the institute. Anyone wanting to��i�'ten -� �� woult��ave to amend the plan for apartments and there �vas a c " � � '`` �ordinance. There was an ��t .�.... initial discussion abou��'iaking s ' e thi `: 'ed as an institution and not �;... multi-family and the , F �licant tC�d staff t, eir intent was to always be an institution. Techn� , an "endmen�:��,�ivould come through the Planning Commission for��prova d for �y type of conversion if that was requested. � �_, � A , _�� , ' , .. �airpe '�,�,opp ask��i�any units would be held aside for low and � �1�rate i ° sing or if they qualified for the City's low to moderate ''° housi aian indicated the concept was discussed briefly. °�: belie�� t,�, was a suitable project for putting an affordable ��°it� it. If would take too deep of a subsidy on behalf of the � �a$�` Redevel '� i�,Agency to get these units down to an affordable level and Y� the mon�vtiiipU�be better spent elsewhere. ' �t Re ardi �the,housin ro ect reviousl a roved on this ro e in 2006, � g � 9P 1 p Y PP P P rtY � -��'„= Chair�i�son Tschopp noted that the houses were limited to 22 feet in height. �� w, The �'�posed project was mainly 24 feet or two feet higher, and the tower =�1� ; e1@�ients ran about ten feet above that. Ms. Schrader said that was correct. �q �iairperson Tschopp asked if Ms. Schrader had any idea how much space �� the tower elements percentage-wise took up compared to the rest of the building. Ms. Schrader replied that by code, they were only supposed to take up 10% of the whole project and she was pretty sure the architect worked very hard to make that accurate, but as far as giving a square footage of what they were in comparison to the entire project, she didn't have that. 7 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 There were no other questions for staff. Chairperson Tschopp �� the public hearing and asked the applicant to address the Commission. MR. KOMRON SHAHHOSSEINI, with Oakmont Senit�`�'Living, 220 Concourse Drive in Santa Rosa, California� �40 "' �tated that as owner-operator-builder, they were;very ex��.� he possibility of coming into this community and:;= ` ging f�!� � ess here. thanked them. He stated that �ad b �t>.. ',;ally help � . They've done a number of pro� ;�ts in a n _ � er of t �litie nd this had been a wonderful ex 'gnce e thanked ��i� ; . He stated that they agreed with �� conditions of`"appi�i`val and asked for any questions. �;�s��^� :��,r.� r`'� �� i� . Regarding the portion that exc��led tl�� 4 �it limit to 34 feet, Commissioner Schmidt asked w s in th�� ;: '°�tory. q�� k=� ,�` Mr. Shahhosseini re �H ��';`�woul�j�iot be anything in the second story. It T ' their . � C� ially and just in terms of scale. � R ��., , ,. . . Commissioner Sc,lt�r�i�t aske�if it was b�sically an architectural element. ^f�,,.. ,:> Mr. S�ahl�sseini ` correct. �;. , q r�, �� missi�t�.i� �Chmidt noted�t�iat it displaced about 35,000 cubic feet of . g � -� ;� �g�.� �� °.'� i-.,� �'� �:;. �t.:Shahfi� i�wasn't sure about the actual number, but could get �,�; n� her �t°that. Commis�� chmidt explained she took that number off the plans. What - was trou � � e to her was they were really trying very hard to conserve � energy i,.the city, yet this was 35,000 cubic feet to heaUcool. �� : r. Shahhosseini said they were going to put in a ceiling, so it 4 :� �-�`�,� wouldn't go all the way up. He wasn't sure how far it would go up, but � �`�'�� they didn't need the entire height the architectural element would go ° ' ��" to, so they would actually put in a false ceiling there that would definitely cut down on the heating and cooling cost. Commissioner Schmidt agreed that would help, but thought there must be another architectural way to make that lovely without exceeding the height 8 MINUTES ALM DESERT PLANNING COMMISSION APRIL 15. 2008 limit. She asked if he had considered it or if staff had talked to him about it at all. Mr. Shahhosseini said they had considered it and discus�d it. Design Review essentially approved it and they app �at ;�e modulation and how it breaks up the length of e buil��' r� ,S;; � � ° � �'� � F:� r e i�*S�°:i Commissioner Schmidt stated that it a great ,�, � e liked it ; that corner, but did not like the heigh� � �the tall ments� .:�� .,� Y '':.�'� k:f, ":. i �,;-. �� 1�` Chairperson Tschopp asked if there v�i� ` . . �son for the pro�e�k�ng over- parked. ��a� , , ,-�a�:;� _,.� ,�,, : �� ,m �1 �,,., Mr. Shahhosseini replied that t�iey've "a 30 other projects and it had been their experience.. a residen " or two cars. They have sufficient parki mmoda -.,.�se extra cars. He reiterated that it was , ��` � xperi�iice. .'�J •�� k �� Commissioner Tanner r�t d th r� hair'T`�t` brought up early on, and it could be appreciat�d t�r the Pl�ning C�� rrii�ssion, that they hear from the applicant that ther �r no ir�tent to con rt these from an assisted or senior partially-assistec�, �" g to a�tments..�'rst, he hoped they heard the answer he wanted h r. Sec . #�K�' Shahhosseini's experience with this � #irm, he a ; �€- ey had��cAr.�rerted an assisted living into an apartment �` �':�� p�ondo �� r§_ �A�. �,F` ` � r. Shahh��said they had been very lucky and their projects had � very s�ta��sful. A lot had to do with where they chose to go, e best bf his knowledge, he did not know of a project that had � '�� 2: verted. As a fully licensed facility by the state, it was e� ly difficult to do. �_ '�. Chairper�on Tschopp asked for any testimony in FAVOR of this project. "� 4e� � :.MR. MICHAEL CARLY, President of the Merano Homeowners �,�`�� °.� �� Association, stated that they have been working with Komron, the site �y �� # developer with Oakmont Properties, who had been more than fair and � • �� courteous to the homeowners and the homeowners association to hammer out an agreement between Merano HOA and Oakmont Senior Living project. They were still negotiating between the maintenance agreement. He spoke with Ms. Aylaian briefly before the Planning Commission meeting started and she asked him to clarify what they meant by maintenance agreement. The maintenance 9 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 agreement set forth between the Merano HOA and Oakmont would be the maintenance of the retention basin, the medians, the streets, water, electricity, and changing out of any foliage/flowe�s that go up to Merano and into their development. Komron ass�c�d him that Oakmont agreed to that and that would run r��ns ively with the land so that if there ever was a chact�e of ov�rt, ` FT on the property, that agreement would roll with �'ti��land. ement went tQ Merano's attorney. The attorn�,��ooked af: ent and h� ;,. wanted to meet with the home�ners bo�t�t:A le `w8t�:�ent t+��e Planning Commission indicati�g„v�rhat � had been�lt�g,�[�ut in the maintenance agreement. ��'' �� ``� ��„ ok� ,;';';�'�h� Mr. Carly said they were con �" ,;-.�ould get the agreement worked out between Oakma�t{ Sen�-' � �� ` , and Merano. At this present time they didn't ha��„ e agreer»�i�� .�'° 'ting from Oakmont or by Merano Homeowne�;, ciation. 7h 4 ' ere hoping it would come in due time so,they " � �' heir su��ort behind the project. At this point, withou��iaving a�,r�ting, the Board couldn't put their support beh�'id it. AS.�n in ,�omeowner in Merano, from his own stan =�int, he thought it �a suitable project to go on the corner. Hi�: , � e backed up t is piece of property and his main concern, -°�ivell as tl1�� other 1 home owners that back up against it, ha�to�with thE��ti}ia�e; �'� £ -��: ��;. �+� °�,, T �ncern w�s�the fact that during the high wind season, they �� ` % wou ' �ated with foliage coming off those trees. Whatever -� -�a ;�> ,.�,. a� � �'� 'nd of �'$ tn�� planted, they were going to have dead foliage � .- - , �ng o � � .=fheir backyards and they didn't want to have to tly b��`out there cleaning out their swimming pools and � � �� e That was the main concern of the 12 home owners that Y�� b gainst that piece of property. �_ ,� T M�: Carly said he spoke to Komron on several occasions with regard �� t this and emailed a brief letter stating where their concerns were '� y' nd he forwarded that onto Renee, and the Commission was made ��:� � �' °'°'� aware of it tonight. They saw a picture that Renee displayed showing � �� m that they reduced the number of trees from 34 to 12. Merano was asking from the Planning Commission permission to not put the trees in there. He said they would be more than happy to have drought- tolerant shrubbery along that block wall on the north side and on the west side of their Merano properties. The home owners were aware of that and their concerns were the dead foliage coming off those trees. If it was drought-tolerant shrubbery to decorate that wall on 10 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 Oakmont's side, once the project was up that was something the Merano home owners that buffer up against that piece of property could live with. They were not concerned about screening their view from Oakmont's building. Right now the view for thosa�;;�`rameowners was of the Bristol Farms market. There was � " iff ` nce from their point of view whether they looked:: t Oak .; �; uilding or if they looked at Bristol Farms market. Y' erso rred to look Oakmont's property and though��, as more �''� R a, . ; ,ly appea': than the supermarket. � � � �,w ��" ' That was one concern he was '' � e Planning Corrfi� ''^" n would set forth and that was to allow O� � _ not plant those trees. That would significantly help Meratio�� s make their decision, especially the 12 homeowners that �� D a�� ° ainst the properry. i� Mr. Carly also wanted t�t� � �re, as e of Commissioners brought up this eve, , rn`�dl'r�:�o Oa ` nt ever selling off this project and it bein��e � � 8tp��1 s and condos. There had to be some so�`'of ass � nce tfi�� ' t would not play into the equation do e ro if this p�ject was not successful or they decided to��#, ut of m Deser�'and take their business elsewhere. He hoped�re cou j� e som ng in writing that said they would not be abl� tt��onvert ments or condos. That was one main '� con+�erc�l�omron '�� . r�d Merano Homeowners Association that th�evvet':��ringing their�usiness here to stay and it was an upscale ` g.� facili� ��derstood this was for more upscale clientele inside the � ��:�ciliry.�H ; �" ht the proposal was a good project and he couldn't any otfie��°�lternatives that would be sufficient to go there at this Q�,,: � e�� •'� H � � d��iat the Chair mentioned in 2006 that the Mayer Corporation ;,�' w _, � roved to build 49 two-story homes on that properry and they ,� �� approval through Planning and City Council. Yet Robert Mayer � � orporation never acted on that, whether that was due to the down � � �;` urn in the housing market, he had no idea. They were faced here �� , � - �,� ' toda y with Oakmont Senior Livin g, which was a beautiful facility, and � � ho ped the y could work out their maintenance a greement with them �+.� ` � � and some other issues they were concerned about, and were confident they could work it out with Oakmont attorneys, as well as Merano's attorneys. That was where the Merano Homeowners Association stood at the present time. As seen right now, if they could get that maintenance agreement and things hammered out as to who was responsible for what, when, where, how long, and if it would run 11 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 with the land, then they felt they gained something and Oakmont gained something and they would be able to put their support behind it. As an individual home owner that backed up ins��eVproperty, he gave his support to this project. � Y `� � �� . _ .� ,� :. 4 �, Chairperson Tschopp asked if anyone�se wishe� �� ,in FAVOR dr OPPOSITION to the project. �°�' `�s ` �°�� ,�:�'�� ._, � r�;. ?� ,�,;,` ':.� � ; "' MR. ABE LEDER, a resident o� ' G Q ,�idge, stated th h��ad been waiting for a project of this type ; six years. He has lived here � �.�;�. for 29 years and approximately �r��(� ago a 12-acre piece on Eisenhower property was ge�ing ap , x life care community when 9/11 came along and the develope� ` and walked away. Three or four years aga�de�► Y�� r, one rsf`: argest in the country that operates over 4Q:Hf� cat�s�� unitie�; was going to build one in La Quinta and v�hen he spoke �� out what they were going �.s:�, to use for some;�f their materia� "'were going to use shower curtains and �it�leum ki#�fiens. Tt� was their consideration and was very mode8t��"�ie Iarc,�5t propert'� here, which could have been the flagstaff i�oR�ie cou�t�r, was a�,'�5-acre piece at Country Club and Port , = illa Portt�t�a,,. �i� general rule of these life care ;�;�, co s was yC�r�buy it, after you live in it and you want to �: � se ass or move on, the builder gives you back 90% to 95% � �. of the�Q�t� ,�rice. The developer at Villa Portofino got greedy. He �" ��"��arted at � kept going down every year and curved back and .��itould ta � ears to get back to 90%. The percentage of people 4 � ��b 'g�q there.that live 17 years was maybe 2%. That's unfortunate e�ieca�lse,it was a good location and he was giving up a lot. There w2t�n�attything here except Brighton Gardens and Marriott's Mirage Inn.:'and they are very small, individual places. He wished this project was twice as large, but it was better than what they had now. He was very interested for his own personal self. , �� '�by MR. DESMOND MCCARTHY, 263 Strada Fortuna, said that his home �� is located in the middle of the Merano development. He was also the Vice President of the Homeowners Association. He said there were members of the Commission who had the same thoughts in their minds that he did. Back in 2006 this particular tract was approved at a height of 22 feet and now they were being offered an architecturally sound project, but nevertheless, it was 50% higher in places than originally conceived back in 2006, not necessarily by this project, but 12 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 projects approved in the past. There were some concerns amongst the homeowners. That particular tract had been vacant for a nu ber of '��`rs and they felt very secure in their view. While he didn't t tF �iake a massive issue of it, he thought it would be a ood id applicant was to reconsider the height of 34 feet � 1 m �` g �' . highest poi � since it was just a pure archite I part of ,y rather th_ a necessary part of the whole p��ject. �" "' �� ;�� .�, � �,- ., . � �� .�,,.� As Mr. Carly alluded too, M '.��;tthy said they we�e� working diligently with Oakmont Sen ;-:�:�, LLC, to thrash out a maintenance agreement for Via S ,`il�p�rticular for the retention basin and the L. They wo be ��' '" r position when the attorneys had talked and ca►ne�:back to � 'on to express their views on that, but he w� �bn�xned ab height. He thanked them for their consi�ei�i'�on `=;r , r� � ': z,�, '. C Y. 9 There was no one else : ishing tQfspeak �f��erson Tschopp asked if the applicant wished to make any rebut#�f comments or give additional comments. ��' ��° �_ � ��. Mr. S�,aht�sseini p �$d , oto and pointed out the second-story >� portf��N� said �thE�y Had done was put in a hallway facing the M�� i,dents. T'hey were fairly concerned about the privacy �� M issu� �tKiE'�r put in a hallway facing them and the windows start at � , 'x feet H�rasn't sure that was clear. He also noted that Tom s, thei� �CiVit,engineer, and Allen Cohen, their consulting architect, ```�� ' ' r8`both p " ent and Mr. Cohen would speak to the height, as well ��: ` ��t��missioner Schmidt's concerns. � M . �ALLEN COHEN, 205 Center Street in Hillsburgh, California, �=� s,�ted that the two areas where they have the taller towers weren't h , �+�ally in close proximiry to the property line in terms of blocking views. � 1n terms of the overall amount of area over that 24-feet, he would ' �: � ;�� guess it was under 5% and was really quite a small amount. Many of '' � �` `_ ` them were ve small elements that would ust house flues and vents �� . rY 1 and they got feedback from Planning staff and Design Review that the initial elevations were really very horizontal, very wide, and very flat being only two-stories with that element. So they actually prepared a couple of different elevations for Design Review that had some modulated elements. They took the front porch balcony elements and changed them from hips to gables to break the plain of the tile and 13 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 add some stucco in there. They added a few of the small vents, a couple of bell tower elements and they came back and from staff understood they preferred the one with the tower elements. In terms of the heating and cooling, that was a very good pt��t made by Commissioner Schmidt, and as Komron men ed .�hYey could look at some false ceilings in those spac . They ` ncipally intended as architectural elements to brea�, the f� � r :�,ihat they could control the volume of space th€�f°'�got heat � � � �led. He � available for questions. � s �' r ��;, ,�;° ' A �� ,p �;:Y' Regarding the maintenance agreeme�t �� i�missioner Sch� findicated �� that the landscaping and maintaining th� '`` ping was of concern to her. She asked about the area to be main �d�h�a reement and asked if it was the entire entry off of Country C� . � . ,r. ��`. 5,, Mr. Shahhosseini said th�' nted ar� ent along this edge with the curb being tha��ro�` "� '� So it's an agreement that they maintain that. And�"fe reten�i°t��rS�v�iell as the center median, and a portion alat�ig the sidewalk i�t�t�east side of Via Scena. � - � .,. Commissioner Schrt�i� pointed out th �here was an existing curb cut into that property �us��b�fore th�-gates � erano and asked if they would be keeping that side curb�t o .,. Scena. r�� :. _ _ , : ,y. , Nl�r��V r Y sseini s�"��iey planned on keeping that curb cut and �:-�� `� plann' � '�tain the trees there and would incorporate them into their pr� �x�=. _.�-. n CommiS5lc'�i�r Schii�iidt asked if anything on the other side of the divided street w�sqt{%e�i'responsibility. �;r` Mr. Shahhosseini said it was and they were actually working on the � rri`�intenance agreement to split the cost. They proposed equally in a �`�`k t#�rms of the entire retention basin, as well as both sides of Via Scena ,,:•.� �;;i��-�� and the east center median. �� '_� , � �� .On a scale from one to ten, Commissioner Schmidt asked how close they ��`�`` `� `` were to that agreement. Mr. Shahhosseini thought very close. He actually got a list of concerns/changes they wanted to make. They actually discussed getting a landscape contract; Merano was currently using a landscaper to maintain all of it. Of the approximately ten changes, 14 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 they only had an issue with one and that was their feeiing that there should be a shared responsibility for maintenance of the retention basin. Commissioner Schmidt asked if he had any conc��vitl�:tfie trees being ;= there or not being there along the north pe�imeter ��'; � ^ ,a��;;', , �.. Mr. Shahhosseini said they w �' ' like to b��,� bors an : seemed like it really meant a t to ther�,��so th ' "x '"' ed;t�eir decision. =s° �� °�� , r� .e;. � ,., ' . .e,f .. Commissioner Limont asked if Mr. Sh�h� had worked with the City's Landscape Department with regard to tk� f the landscape designs. _� �`�5 Mr. Shahhosseini said yest elieved ii��s�f report it said there was conceptual approvaf � :� �� •,, Mr. Bagato informed Co ; ission, 'at�"�, ^.�r Knight was present and thought he'd like to spe��C at so; � poin'�:�� . �>" ;�; ; Commissioner Li�t'asked„�f�r. Knig�t had any issue with fewer trees on , the north side y . Knigh#��aid it w8� of concern to the landscape staff aesthetically��Ht�though� ��ro reate an imbalance in the design; however, r�pgol owne rstood their concerns and the pools were �re fir ° �` '�' long wi ° i�� good neighbor policy, the designers of the s[t��needed�' � �r site planning to allow enough space for small trees , , � woul ' . to accept small stature trees. So they had room to tl ' °` �t ove t�t�'�ig the property line. There was the issue of blowing �:Y � ;�ttd'`l'e�ves; i�our windstorms leaves land 30 blocks down the road. ' It was'�it� '�,_ e, not a deal breaker, but he thought it needed to be consider�'�t��ust because the site planning had been done and now the .�" � � neighbo g�p�roperty owners had a concern, these were still just lines on ,�-� paper. it was up to the Commission as to how far they wanted to take it, �' but he i�iought it was a substandard landscape plan along that property line �a �� withoC�9some vertical element along it. �� ` ��.` ��:;.., �``` ��< airperson Tschopp asked if given the location of the people who would be ` able to view these trees, which would only be the Merano owners and the applicant, he asked if it was really that necessary if they were in agreement that the City impose this code on them. No one else on Monterey was going to see it, no one on Monterey would see it, and it would pretty much be only the owners and homeowners. Mr. Knight said that certainly figured into the decision-making process. He wasn't sure he would put a high priority on it. 15 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 Chairperson Tschopp asked if there were alternative type trees that would facilitate both. Mr. Knight said yes, there is a grouping of trees that max out at about 15 feet and it was kind of a draw befinreen whether they,were shrubs or trees and would provide at least some vertical relief but the '` ould extend above the wall some. But they weren't talking 25-fc-��;trep ��vith a 20-foot canopy spread. He thought that would be�.�rrespotlSf� ` h this particular site plan to allow any kind of canopy to,e�nd ov��. � '� II. Chairperso�, Tschopp thanked him. ; ' � �' `' '�� '��: �: � ' ,;_� Regarding the landscaping along ,: „� no � �'wall nex ��tt�= `n % es, Commissioner Tanner noted drough�;, h` landscaping wa,�;:�ntioned and asked if there was drought toleran ,'' � or trees. A 15-foot tree was mentioned and he asked if it was drou�t d if they would lose their leaves on an annual basis. Mr. Kni�repfl��,� a�f;;�t is a tree, it loses its leaves, whether it does it in 12 m or 30 � �trees drop leaves; some trees tend to be dirtier thetrr�, in terms�.�h`e fruit drop or flower dro Some of the lant materia��-�� smal(e�'stature trees that they p• P use in the desert palette.; �d wer 't x, ��ithers. But he thought the dynamic here was not ave a t��cana � as totally extending above the wall that starts at II heig„ and go 'up and overextends the property. �. That would be ina,pp riat�;;;'�'hese we� smaller stature trees. �r"� � ,�',� Commissio r ner ask�� tt1 types of trees in his experience would .�'be acceptei�:� ,.�the hom8 c�whers. He asked if that rype of tree been _ �sentet� #�► t��. Mr. Knight couldn't answer that, but noted they were � � � defini�ve Q�t v�hat they wanted. .� �:. ' ner C�1pb� noted that they were only talking about the north ,.�� ,a��'yt#h�g el�`would remain the same luscious green trees and landscaptrtc�:` that area. The applicant wanted to make the homeowners �� m, � happy, sa.wh = � er they wanted Oakmont was going to give them because �,�.� the applic,�tnt ad redesigned the landscaping as stated in the staff report. So s; the resi�,nts were going to get what they wanted on the north side and - everythi g else would be luscious. She asked if that was correct. ;�t -::� . , ° � Mr. Shahhosseini concurred. � ` 5 - ` � Chairperson Tschopp thanked Mr. Shahhosseini, closed the public hearing and asked for Commission comments or action. Commissioner Limont thought this had been a very good discussion. The corner was seen by quite a few people coming and going, whether coming into Palm Desert or whether living in Palm Desert, this was an active corner. 16 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 As a result of that, she thought the discussion and some of the issues that had been brought up were excellent. She shared a lot of the same concerns as her fellow commissioners as far as the height and the gu rantee on a conversion. They couldn't do it. They were in econ mic ti where they were seeing things they didn't anticipate and other c'� w '` as well. Once buildings were up there, if someone ran i finan � �', y ;.ship, they had to work as far as they could so that it was�'�; ligh � � � � and that the� were made whole, people weren't left eless, an�t�t } *`.„ ,�that. So didn't know if they could ever guarant . There w�te ord �" �nd ' � as difficult to change, but when push car��o sho�,,they all Fi`� '�� . ' best the could. x .�� " - y �"� ::�,. She said landscaping got thumbs up �'% ��e homeowners were all working together and Merano was upse . ct looked good, that type of thing. She was fine. She �er •, ally, wh'�� `�� ked at this project, although she knew they nee ousing ;'�ias definitely in favor of that, and from an archit�.lr��':5� int s =thought it was a well- designed building, she thaught it w�s t�� eeded to come down. Her concern was that it lo�ed like �io m �' f'hat corner. She knew that sounded like a kid w� �a box c��crayons wfio didn't know how to draw, but she tried to visuali �there �id was at�he site twice and it felt like an awful lot for those 8 6$.�res. S ':' idn't �' with the redesign if bringing down some of th h t if it v��h$1��- he hadn't made a firm decision, but ��certainly h� e conc��`�:�` �� . � ,�issioner ��` ' t had a question for Mr. Hargreaves. She said this was � ct��i ' ional u�;,g �` � x g and asked if they were changing zoning. Mr. F�� ; agre ` art of this project was the granting of a conditional tl �� stoo ��was an institutional use and that was why it required � a condi�t�tsf , , permit. Commissioner Schmidt asked if a conditional use �� permit w8� r��utilized, what happened to the underlying zoning. Mr. - Hargreaves�'said if it wasn't utilized in the sense that the project wasn't built, - �� then it e ired in a year or two years and evaporated. Commissioner Schmidt ��:. reiterat�that if there was no building on the project in a year and there were no e�nsions granted, then the underlying zoning remained, which was the q & Y t�'nits to the acre. Ms. Schrader said the zoning was PR-7. .. � �. � �If the buildings were built and the project was abandoned, Commissioner Schmidt asked what happened. Mr. Hargreaves said someone else could occupy it as an institutional use, but if they couldn't do that, they would have to come back through the process and get it entitled for something else. Commissioner Schmidt noted that they had to come back if there was a change of use. Mr. Hargreaves concurred and indicated it would have to 17 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 conform to the conditional use permit and the conditions of the conditional use permit or come back and go through a process. Commissioner Schmidt thanked him. Commissioner Campbell said while she had `� �Fthe Plannin 9 Commission they have talked about havin�a Wal f�,' � ` "rket, homes and professional buildings, and nothing e�et:�ppen ' ' they have thi� project in front of them and was somethit�badly n _ city of Pa1�i7i Desert. Architecturally, she thought it Vvas very '� don � �' uld I�:#he creme de la creme of Palm Desert. Ttii�t us o be Portof�`►��tc'�g"time ago, but that was gone and was still �„ `,�� ject. As the archlit�showed on the map in front of them, the two 3 � � 'nch towers would break up the 24-foot building height. There wer�z s that wouldn't be as high and those would give balance to the p�oject i ` d `: .'ust having two-stories ' � � ping the applicant straight across. She already sp�� about th i agreed to. It did go through Ac�hitE�u�'�l,:;Review � ctually were in favor of the tower elements to bre�t�'`up t1�ev�,ess a t would be an excellent project. She was in favor�;� � _ g�� Commissioner Tan r;said he-had bee °� ere since 1980 and lived across the street in Sage�,, � when;he first ed here and the kids used to play in the flowers t �ffi` ` . It s�ed lik very four or five years something different wa�p ented " �►�y;:- Palm Desert. He thought this was a � �a reat pr�,„, t�e had cy about the height of the tower, but erstandit��t�t�# it wasn'�#he hei ght of the entire pro ject, he, too, was in � �;.� fat� of th�, and he appreciated them addressing the Merano A tant�caRing a � t8d to make sure this was a win-win situation for both. He4 � tt��rant af ' � :�b have hard feelings about what was going on with � `rt�.v�tall. It w between the two of them now and he supported the �;�� ' � project��motion was needed, he would move to accept the project as ..� is. Chairpe n Tschopp stated that like Commissioner Campbell, he had seen this pr�perty proposed for commercial and approved for residential. He had alwa� maintained that it was more of a commercial piece of property than '� °:� �r ential. He was surprised when someone wanted to develop residential a�..,;��, �" 'o this property. So he thought this was a great transition and kind of inet 9 � R both of those things on this intersection. He didn't think it would be suitable for single family homes, yet would provide some kind of a buffer for the Merano residents and give them a little more peace and quiet from the Country Club Drive noise. He thought the towers were much needed. It was a very big, massive building and they provided an architectural modulation of that building and without them. he thought they'd be looking at a huge, 18 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 nicely designed, barracks. He believed that the reason they had technicai exceptions in the code was to allow these types of exceptions to be granted. Also, the towers were set very far back from the home owners �s shown by the architect and he appreciated that and the home own� 'seemed to appreciate that, too. � It was high density, but even with the a r al uni��, fi� z",„ ght it would b� less traffic and more compatible to the , �'ounding at"9e2t� `� in favor�ti wanted to see some type of conditio : n the tre� in tl�� und��le truly supported the homeowners on r�t��avir��t'rees there: a' ��r �Fees, but the truth was it was never the heigh�4f� dings that block ti�'�wew most of the time, it was the trees. Not only th� �`� ould create problems in the pool. So he thought it would give therr�. ' er view and thought that needed to be addressed. He also th ght t to address, although they seemed to be close to a �nai�tenance ' �t, he thought the homeowners opened it up fo� �pft�v�J and h�r'�ught it needed to be pending the approval of the, ��'er�e��reemen��nd would eliminate the need for trees in the reso! ion. , � : :y �., Ms. Aylaian asked ,� Clarification that there would be a condition that the trees on the north�� undary betwee�;Merano and the subject property be approved as to ��2e, loca��, and t�Cpe of tree; just those trees on that boundary by� he �djacent=�r�ertY Ptlor to issuance of permit. Chairperson Tschopp ` "'t in agr .x� , h both the homeowners and the builder -� �`°� also input of� Ciry's Landscape Architect. Ms. Aylaian said xk "�ould ab8 provide input, but was wondering if they wanted �. �appr�`val of the�pE�niGi�'b� issuance of the permit to be contingent upon the apprott�lt��b�the neighbors. Chairperson Tschopp thought something like that ; �ieedecc��.k�done t�cause otherwise if a new owner came in or someone ��A wanted��,�i�!'t�e landscaping in the future, they could plant trees back there. Sc�"Ep.p�'of�ct the homeowners, he thought that agreement needed to �;;�� be set u�eforehand. Ms. Aylaian explained that the entire agreement and x��` landscap� plan was required to be approved and that approved plan would '�� have ��riaintenance agreement associated with it and the City would require � �= that aintenance agreement to be enforced. If someone were to change the �`� `� ies of trees in the future, we would be able to enforce or return to the V � riginal approved landscape plan. Mr. Knight thought that because of the pool issue and property line issue and it's importance to the neighbors, he would defer and support something formally put in place because in the future, when they review landscape plans and allow changes, he wanted to tell them that he would remember this in nine years, but he might not. It was an issue and he had certainly 19 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 heard the Commission's request and would not stand in the way. Ms. Aylaian said it could be added to the conditions of approval if the Commission so desired. Mr. Hargreaves advised that there not be neighbor a�proval, but that they come up with some kind of operational cor�dition th�:��defined the kind of trees, like along the northern perimeter� ��#,�e trees would not unreasonably interfere with the neighbor�;use or � �r they wanted to word it. But they didn't want to have app „ ,&# conting��=� ; the neighbor agreeing. Chairperson Tschopp agreec�;�1llr. Harg��r '�`E �hey nee a condition that addresses the concer�. '� � ' .. �� ,,.. �':,� ;� �,.= �,^ ; ,q« Since the appficant was amenable to t the home owner� uld like and not put in trees, Chairperson Tsc � 'cated they could just say it was approved without the requiremert�tif� t� on the northern side of the border. Ms. A ylaian said that wo�1 be a cle�',: to handle it. �> ,, Commissioner Campbell asked� i # . would �}�ade Department of Community Development Ctmditiot� ',,w1�0; Ms� Qylaian concurred. Mr. Hargreaves asked for the t�ndition word��t�;�s;,,�Cjrlaian said, `That no trees be placed on the northe�i'i boun ry betv�ie�rt.�he Merano development and the subject propert�si�llr. H eaves asked about including no trees in excess of six fee ��I�Aylai believee��the shortest tree option was a 15- foot tree, so it Id be u to the ;�ommission to indicate if that was acceptable al�d 1�►ould not��Rov�r the six-foot wall to be an inordinate � nuisance ;�eighbor� z �way from the trees altogether. Mr. Knight �as�gested r�9i . Comrr� ` �oner Tanner concurred. He suggested that e�Qnditiort��Y�' �es; desert-tolerant (andscape, but no trees. He thought �`th�f- vV what' �t��r� � ,hearing from the home owners and also as an a� F with th� �h opers. Mr. Knight suggested that the landscape not ��xe `" e��eight o� e wall, because they could put in bushes that could ;�; ' go up to 1�i f8et:�ommissioner Campbell asked about palm trees since they % � were a c�in8r�t`ree and would be something. Commissioner Tanner said J�� desert-to�r�t'tt plants that would not exceed the height of the wall. As an �.:;�� approvak�tandpoint, and he certainly hoped that's the way it was going to be � and wo�ld become part of that condition. �:;� . . . �` . � ylaian suggested that they eliminate the trees. If they were to try to limit r 't� landscaping to six feet or lower, or lower than the height of the wall, they � � would have an ongoing battle and could just end up with ground cover there because as the number of drought tolerant appropriate species got a little bit higher, they'd end up topping them at six feet which was counter productive and not the way staff liked to maintain landscaping. The Landscape Department was sufficiently sensitized to the Commission's concerns and would help the applicant pick species that were going to remain as low as 20 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 possibie, but if it grew up to seven feet, she would hate to see them out there topping the plant material down to meet that limit. Commissioner Campbell suggested leaving it up to th� MeranQ�sidents, the applicant and Mr. Knight to decide what would be be�i.for "*north side. �. Commissioner Schmidt said that her feelin�-�s tha '\ i�t say there w�� be no trees required on the northern b `dary ab , �er�ting Mer development and that would be suffici ' , becau �t a later j " o ne changed their mind and did want tre F ther�;�rey haven'f�� tl '� -��hem from planting them. � � �� k Ms. Aylaian thought the no trees �rc�C�'t � the most enforceable approach to take in the long term. A�he ��` , �ng Department would certainly continue to work with th�, applican�; ;� b� all reports would continue to work with the neighbor�t+��so that h�c� � Ily they would come up with a consensus, but as��rut�fipn to �ily, she suggested they apply no trees on the nortkt�rn bou v '��i�ioner Campbell noted that this should apply only �xt to the: all ��,�iorth, not next to the building. Ms. Aylaian agreed �t�d said th�y nee ��'�"`to be absolutely specific about that. Only on the �side o �e drivewt�r, not the building side. :`�� Actig� :�: °' ommissi �� nner attlended his original motion. The motion was for � �roval�wi#�t onditioi�''th�there be no trees on the northern boundary 3 "��next to the Mer��iousing development wall. Commissioner Campbell ` s n�d the,mptio�l:= Motion carried 3-2 (Commissioners Limont and t��oted no):_ �; _ � � � . ' It was' � �.� �` by Commissioner Tanner, seconded by Commissioner � Campbe�=�ng the findings and Planning Commission Resolution No. �: , � 2474 rec�nr�ending to City Council approval of Case Nos. CUP 07-17 and PP 07-"�5, subject to conditions as amended. Motion carried 3-2 3, (Comr�sioners Limont and Schmidt voted no). �r�� -; 1�:° . MiSCELLANEOUS ��. � None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES 21 MINUTES PALM DESERT PLANNING COMMISSION APRIL 15. 2008 Commissioner Campbel! reported that the next meeting would be April 16, 2008. B. LANDSCAPE BEAUTIFICATION ' Commissioner Limont stated that i�ie me�t�ttg�w�uld be April 16, 2008. � �� <. � � " �� ' z C. PROJECT AREA 4 COMMITTEE �� ` �: :� F, ,z ._ Commissioner Schmidt indic �the meeting e next week. '�`'� ;�. , �� D. PARKS & RECREATION � � �� ;` Commissioner Tanner,f ;�; Commi� � �" �on the April 15, 2008 meeting discussion ' � ;� ,��; ,�, �� XI. COMMENTS ��; Ms. Aylaian annQt��d th�#��there w+puld be no Planning Commission meeting on Mayr `'' 008 and�iat a J��,tt Study Session with City Council and � Planning C ion wo�z helt�'on Thursday, May 8 from 2:00 p.m. to '�:00 p.m _�, � ousing E18�' '`Update. The meeting would be held in the At�:ninistr y �t1#erence m. Ms. Aylaian also noted that this was Ryan �, elPs la�:m�3e�i1�He was moving to Development Services and would 6i�.�voi,�k,i�g on fi�tt�'2t�td landscape districts, emergency preparedness and oih8t`'p�t�jects. Hi.�. �tisition would be filled by Missy Grisa from the 4� Redeve X t Agency. ��. � XIL ,,�� ADJOUF� � y� T � � It was nnoved by Commissioner Tanner, seconded by Commissioner ,�:��;� Schmi�; adjourning the meeting by minute motion. The meeting was ��` ad' 'ed at 7:33 p.m. � Y �<h�� _.��-�� Y�' �`��,��° LAURI AYLAIAN, Secretary ATTES : ' DAVID E. TSCHOPP, Chair Palm Desert Planning Commission /tm 22