HomeMy WebLinkAbout2014-02-18 PC Regular Meeting Agenda PacketAGENDA
PALM DESERT PLANNING COMMISSION FEBRUARY 18, 2014
______________________________________________________________________
2
G:\Planning\Monica OReilly\Planning Commission\2014\Agenda\2-18-14 agn.docx
A. MINUTES of the Planning Commission meeting of January 21, 2014.
Rec: Approve as presented.
B. REQUEST FOR CONSIDERATION of a lot line adjustment to combine Lots
38 and 39 into one parcel (APN 771-540-017 & 771-540-016) at Ironwood
Country Club. Case No. PMW 13-442 (Jack and Carissa Schlosser, 11215
Cashmere Street, Los Angeles, CA 90049, Applicant).
Rec: By Minute Motion, approve a lot line adjustment, Case No. PMW 13-
442.
Action:
VII. CONSENT ITEMS HELD OVER
VIII. NEW BUSINESS
None
IX. PUBLIC HEARINGS
Anyone who challenges any hearing matter in court may be limited to raising only
those issues he or she raised at the public hearing described herein, or in written
correspondence delivered to the Planning Commission at, or prior to, the public
hearing. Remarks shall be limited to a maximum of three minutes unless
additional time is authorized by the Planning Commission.
A. REQUEST FOR CONSIDERATION of modifications to an approved grading
plan regarding pad height elevations and construction of 211 new units on Lot
1 of Tract Map 36404 within Villa Portofino (APN 622-020-094). Case No. PP
13-279 (Comstock Homes & Associate Development Company, Inc., 321
12th Street, Manhattan Beach, CA 90266, Applicant).
Rec: Waive further reading and adopt Resolution No. 2617, approving Case
No. PP 13-279, subject to conditions.
Action:
CITY OF PALM DESERT
PALM DESERT PLANNING COMMISSION
PRELIMINARY MINUTES
TUESDAY, JANUARY 21, 2014 – 6:00 P.M.
COUNCIL CHAMBER
73-510 FRED WARING DRIVE, PALM DESERT, CA 92260
______________________________________________________________________
I. CALL TO ORDER
Chair Nancy DeLuna called the meeting to order at 6:00 p.m.
II. ROLL CALL
Present:
Commissioner Nancy DeLuna
Commissioner John Greenwood
Commissioner Sonia Campbell
Vice Chair Ken Stendell
Chair Roger Dash
Staff Present:
Jill Tremblay, City Attorney
Lauri Aylaian, Director of Community Development
Mark Greenwood, P.E., Director of Public Works
Tony Bagato, Principal Planner
Eric Ceja, Associate Planner
Kevin Swartz, Assistant Planner
Monica O’Reilly, Administrative Secretary
III. PLEDGE OF ALLEGIANCE
Commissioner John Greenwood led the Pledge of Allegiance.
IV. SUMMARY OF COUNCIL ACTION
Ms. Lauri Aylaian, Director of Community Development, reported that at the
meeting of December 12, the City Council passed a resolution that the Director of
Community Development, on behalf of the City, will work with Southern California
Association of Governments on local growth projections. On January 9, the
Council renewed the suspension on enforcement of regulating off-site directional
signage for another year.
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION JANUARY 21, 2014
2
G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.docx
Chair DeLuna informed the Commission that she would have to leave shortly
after 7:00 p.m.
V. ORAL COMMUNICATIONS
None
VI. CONSENT CALENDAR
A. MINUTES of the Planning Commission meeting of December 3, 2013.
Rec: By Minute Motion, approve as presented.
B. REQUEST FOR CONSIDERATION of a lot line adjustment (APN 622-020-
094) at Villa Portofino. Case No. PMW 13-400 (MSA Consulting, Inc., 34200
Bob Hope Drive, Rancho Mirage, CA 92270, Applicant)
Rec: By Minute Motion, approve a lot line adjustment, Case No. PMW 13-
400.
Upon a motion by Commissioner Campbell, second by Commissioner Stendell,
and a 5-0 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna,
Greenwood, and Stendell; NOES: None), the Consent Calendar was approved as
presented.
VII. CONSENT ITEMS HELD OVER
None
VIII. NEW BUSINESS
A. SELECTION of Chairperson and Vice Chairperson.
Commissioner Campbell moved, by Minute Motion, to nominate Vice Chair Dash
for Chairperson. Motion was seconded by Commissioner Greenwood and carried by a
5-0 vote (AYES: Campbell, DeLuna, Greenwood, and Stendell; NOES: None;
ABSTAIN: Dash).
Commissioner Campbell moved, by Minute Motion, to nominate Commissioner
Stendell for Vice Chairperson. Motion was seconded by Commissioner Greenwood and
carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell;
NOES: None).
Commissioner Campbell congratulated Commissioner DeLuna for a job well
done as chairperson.
Commissioner DeLuna stated that it has been her pleasure, and has enjoyed it
immensely. She is honored to serve the City.
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION JANUARY 21, 2014
3
G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.docx
Chair Dash commented that he hopes he is able to perform in a manner that
reaches the Planning Commission’s expectations. He also thanked the former
chair.
B. APPOINTMENT of Commission Liaisons for Art in Public Places and Parks
and Recreation Commissions.
Commissioner Campbell moved, by Minute Motion, to nominate Vice Chair
Stendell for the Art in Public Places Liaison for the year 2014. Motion was seconded by
Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna,
Greenwood, and Stendell; NOES: None).
Commissioner Campbell moved, by Minute Motion, to nominate Chair Dash for
the Parks and Recreation Liaison for the year 2014. Motion was seconded by
Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna,
Greenwood, and Stendell; NOES: None).
IX. PUBLIC HEARINGS
A. REQUEST FOR RECOMMENDATION to the City Council for consideration of
adoption of a Mitigated Negative Declaration of Environmental Impact; and a
new 4,000-square-foot single-family home including a 473-square-foot
detached garage on a hillside residential property located at 72-000
Chuckawalla Way (APN 652-090-001). Case No. PP/HDP 13-198 (Mr. Mike
De Cotis, Pinnacle International Realty Group, #300-911 Homer Street,
Vancouver, BC V6B2W6, Applicant).
Mr. Kevin Swartz, Assistant Planner, stated that there were two letters submitted
prior to the meeting. One letter is from Mr. Paul Bowie, who will address the
Planning Commission when the public hearing is opened for testimony. He
reported that the nine-acre parcel is located within the hillside on the border of
the City and the County of Riverside. He presented a photo to show the location
of the parcel, and adjacent parcels that are also owned by the applicant for a
total of approximately 34 acres. Mr. Swartz said access to the site is provided
from Highway 74 through Riverside County roads. He reported that the proposed
4,000-square-foot home consists of a great room, dining room, kitchen,
den/office, five bedrooms, six bathrooms, a casita, and wine storage room. The
applicant is also proposing to grade 15,722 square feet of pervious and
impervious area to accommodate the home, patio and pool areas, a new gravel
driveway, and a 9,733-square-foot building pad. He noted that the applicant is
not proposing a wall around the property. He provided a brief description of the
home architecture and landscaping. Mr. Swartz mentioned that story poles were
used to demonstrate the building heights. The proposed height and site location
is supported by staff, as it will not adversely impact any viewsheds or diminish
property values. He stated that the applicant is requesting two exceptions which
are allowed by code. Staff supports the two exceptions since the project’s site
design effectively achieves the Hillside Planned Residential goals of blending
development into the natural terrain. He stated that the applicant has requested
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION JANUARY 21, 2014
4
G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.docx
modifications to three Conditions of Approval under Department of Public Works
(Conditions No. 10, 11, and 12). Mr. Swartz said that staff accepted the
modifications, and recommended approval of the proposed project. He offered to
answer any questions.
Commissioner DeLuna asked if the proposed pool is an infinity pool.
Mr. Swartz replied yes.
Commissioner DeLuna commented that she has a concern with the reflection
coming from an infinity pool. She asked if it would be an issue for adjacent
neighbors, residents across the desert, or people driving on Highway 74.
Mr. Swartz responded that he did not believe so. He said the pool sits lower than
the home.
Vice Chair Ken Stendell asked if the rock under the edge of the pool is part of the
re-naturalization area.
Mr. Swartz replied yes.
Vice Chair Stendell asked if there is a re-naturalization standard adopted by the
City or does staff work with the applicant to re-naturalize areas to the best of their
ability.
Mr. Swartz responded that there is not a set standard, and that staff works with
the applicant.
Chair Dash declared the public hearing open and asked for any public testimony IN
FAVOR or OPPOSITION.
MR. MIKE DE COTIS, #300-911 Homer Street, Vancouver, British Columbia,
V6B2W6, offered to answer any questions from the Planning Commission.
Commissioner DeLuna asked the applicant if they have any concerns paving the
road according to Riverside County standards.
MR. DE COTIS answered that they do not.
Commissioner Greenwood asked the applicant where they intend to locate the
condensing units.
MR. DE COTIS responded that the units will be located on the ground on the
east side of the house.
Commissioner Greenwood mentioned that he walked the site, and that to the
north there seems to be a water shed area where there is a higher topography.
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION JANUARY 21, 2014
5
G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.docx
He asked where the main run-off to the home is going to be located, and asked if
it has been addressed or looked at by their engineer.
MR. PHILIP FOMOTOR, 225 South Civic Drive, Suite I-5, Palm Springs,
California, 92262, responded that most of the drainage goes to the east. He said
whatever drainage goes to the south will be conveyed to the west side of the
home.
Commissioner Greenwood commented that it appeared that the location of the
leaching pond by the septic is in an existing flood basin.
MR. FOMOTOR stated that they would address drainage during final design.
Commissioner Greenwood asked if the Public Works Department would also
take a look at the drainage.
Mr. Swartz replied yes.
Commissioner DeLuna mentioned that the applicant owns approximately 34
acres. She asked the applicant if he has plans to build more residences.
MR. DE COTIS replied no.
Commissioner Greenwood commented that he really likes the design. He asked
that the Architectural Review Commission (ARC) take a look at the detail in the
construction documents. For instance the fascias, he is not seeing any parapet
conditions, and it seems to be a flat roof with a minimum quarter inch per foot
slope shutting water off.
Vice Chair Stendell asked the applicant where he plans on using roof tiles on the
house.
MR. DE COTIS responded that he was not certain, and thought they were
deleted.
Vice Chair Stendell reiterated that the ARC takes a good look at the details of the
final drawings. He stated if the roof tiles are a stricken item that they are taken
out.
MR. PAUL BOWIE, 71-774 Chuckawalla Way, Palm Desert, California 92260,
read his letter dated January 21, 2014, which was given to the Planning
Commission prior to the meeting. In the letter, he said the project should be
conditioned to meet Riverside County standards of street improvement, and meet
all requirements prior to issuing a permit of occupancy.
With no further testimony offered, Chair Dash declared the public hearing closed.
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION JANUARY 21, 2014
6
G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.docx
Commissioner DeLuna commented that she would move for approval. She
stated that the applicant has worked well with the City, and he has been sensitive
in addressing the hillside requirements.
Vice Chair Stendell seconded the motion.
Commissioner Greenwood added that in final development and review from the
ARC that they pay attention to detail of the construction documents, and the
screening of condensing units.
Ms. Aylaian confirmed that motion includes the revisions to the three conditions
that were verbally noted during the presentation of the staff report.
Commissioner DeLuna and Vice Chair Stendell agreed to amend the motion to
include the revisions.
Commissioner DeLuna moved, by Minute Motion, recommending to the City
Council for consideration of adoption of a Mitigated Negative Declaration of
Environmental Impact, and a 4,000-square-foot single-family home including a 473-
square-foot detached garage on a hillside residential property located at 72-000
Chuckawalla Way (APN 652-090-001). In addition, the Planning Commission requested
that the ARC look at the details of the final construction drawings, and they also
approved revising three of the Conditions of Approval. Motion was seconded by Vice
Chair Stendell and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood,
and Stendell; NOES: None).
Commissioner DeLuna moved, by Minute Motion, to waive further reading and
adopt Resolution No. 2615, subject to the revised conditions. Motion was seconded by
Vice Chair Stendell and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna,
Greenwood, and Stendell; NOES: None).
Commissioner Greenwood congratulated the applicant.
Commissioner DeLuna commented that it is a beautiful site, and thanked the
applicant for choosing to live in Palm Desert.
B. REQUEST FOR RECOMMENDATION to the City Council for consideration to
approve a Zoning Ordinance Amendment to modify Section 25.40.050
Accessory Structures to refine placement and development standards, and
Section 25.99 Definitions to combine and make definitions consistent for
accessory buildings and structures. Case No. ZOA 13-357 (City of Palm
Desert, Applicant).
Mr. Eric Ceja, Associate Planner, reported that recently some residents were
cited by Code Compliance for the placement of accessory structures in their side
yard. In October 2013, City Council directed staff to review the zoning ordinance
that addresses accessory and temporary structures, and the definitions for
consistency. He provided a PowerPoint presentation to list the proposed code
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION JANUARY 21, 2014
7
G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.docx
changes. Mr. Ceja noted that the Pele Place Development homeowners’
association (HOA) submitted a letter prior to the meeting for the Planning
Commission’s review. He offered to answer any questions.
Vice Chair Stendell referred to the letter from Pele’s Place HOA, and asked how
far is the play set from the property line on the side and rear yard.
Mr. Ceja responded that he is unable to determine the distance from the photo
provided in the letter. He said that it appears it does not comply with the current
code.
Commissioner DeLuna also referred to the HOA letter and photos. She asked if
the play set exceeds what staff recommends for the new requirements.
Mr. Ceja replied that he is not sure based on the photo.
Commissioner DeLuna asked if there is a way to tell how tall the play set is.
Mr. Ceja said that the HOA that supplied the letter and photos may know the
height of the play set.
Commissioner Sonia Campbell asked if the ordinance would also pertain to a
tree house.
Mr. Ceja replied that potentially yes.
Commissioner DeLuna asked if it would also pertain to residents that want to
store their recreational vehicles.
Mr. Ceja responded that the proposed code changes do not consider enclosures
for recreational vehicles.
Chair Dash declared the public hearing open and asked for any public testimony IN
FAVOR or OPPOSITION.
MR. BOB ELLIOTT, 74-116 Pele Place, Palm Desert, California 92211, stated
that the play set is approximately 15 feet in height, and he has a concern with
privacy. The play set is also obstructing their view of the mountains. He noted
that he spoke to the owner, and asked them if they will be adding trees and the
owner said no. He asked that the Planning Commission consider the height
limitations so that they could have their views back. He offered to answer any
questions.
Chair Dash asked Mr. Elliott if he is requesting an ordinance to solve his
problem.
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION JANUARY 21, 2014
8
G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.docx
MR. ELLIOTT replied that he believes so. He said his wall is approximately six
feet tall, and he would not mind if a children’s play set is a foot or two higher than
the wall. However, if a play set is too high; he will lose his privacy.
Mr. Tony Bagato, Principal Planner, responded that the proposed zoning
ordinance amendment would solve Mr. Elliott’s concern. He said if a play set is
10 or 12 feet tall, it would have to be moved to a one-to-one ratio which would
move it to 10 to 12 feet away from the property line.
Commissioner DeLuna stated that regardless of a one-to-one setback, she asked
if there is a height limit if someone has a big yard.
Mr. Bagato replied that the maximum height limit is 12 feet with the proposed
zoning ordinance amendment. Generally, if a the owner meets the required
building setback on a large lot, they can have a home or any structure up to 15
feet high by right, or 18 feet high if approved by the ARC.
MS. LORETTA SHUR, 74-186 Pele Place, Palm Desert, California 92211, stated
that she’s not affected by the structure. She said is supporting her friends whom
she visits every day. She stated that her friends have been stressed, upset, and
disturbed since the play set was erected. Ms. Shur communicated that the play
set could be seen from every window, there’s no privacy, and it would be a
deterrent if they would want to sell their home. She truly trusts that something
could be done to help them in this matter.
MR. WILLIAM SWATOS, 74-109 Pele Place, Palm Desert, California 92211,
stated that he is also supporting the Elliots. He voiced that his concern is privacy
if structures are allowed to be close to the walls.
MR. DAVID BEMIS, 74-102 Pele Place, Palm Desert, California 92211, stated
that he is Mr. Elliott’s neighbor, and is also impacted by the structure. His main
concern is privacy. He asked if there is currently an ordinance to control the
height of accessory structures.
Mr. Bagato responded that there is a current code; however, the play set does
not meet to code’s definition of an accessory structure. He explained that the City
could regulate anything that is built into the ground. He noted that a play set does
not technically meet that criterion.
MR. BEMIS asked if the code being discussed will limit the height and setback of
the play set.
Mr. Bagato replied yes.
MR. BEMIS asked what happens if the code is passed since the play set is
already there.
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION JANUARY 21, 2014
9
G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.docx
Ms. Jill Tremblay, City Attorney, responded that the play set could be
grandfathered in, or provide the property owner a certain amount of time to
comply with the new code.
Mr. Bagato said that they would have to provide a sunset clause to give the
homeowner time to comply. The City Council would need to be aware that
anyone with non-conforming issues will be notified to move the structure, and it
will be up to the City Council to make that decision.
Mr. Bagato recommended that the Planning Commission have discussion on
having a sunset clause or grandfathering in structures that are already in place.
Vice Chair Stendell asked when the photos from the Pele Development were
taken.
MR. ELLIOTT answered that they were taken about a month ago.
MR. BEMIS inquired if the code is passed, what is the timeframe.
Mr. Bagato communicated that the Planning Commission will make a
recommendation. It will go to the City Council as a Public Hearing item. There will
be a first reading then a second reading. If approved the code will go into effect
30 days after the adoption date. He noted that the whole process could take up
to two months.
MR. ELLIOT asked if it could take up to six months for the homeowner to move
the structure.
Mr. Bagato interjected that the Planning Commission could make a
recommendation on a timeframe. In the past, they have given homeowners up to
a year. Depending on the Planning Commission’s purview it could be three
months or six months or a year.
Chair Dash asked staff if a sunset clause needs to be part of the motion.
Ms. Aylaian responded that it is adequate for the Planning Commission to have a
motion to pass the resolution as proposed, and request that staff add a sunset
clause before it goes to the City Council.
With no further testimony offered, Chair Dash declared the public hearing closed.
Commissioner Greenwood commented that a young family can pick up a play set
at Costco. His concern is that parents will not know the rules and requirements
set forth by the City, and sees it becoming an issue.
Commissioner Campbell asked if it the City should notify stores about the new
ordinance so that they can let the customers know.
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION JANUARY 21, 2014
10
G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.docx
Commissioner DeLuna inquired if a play set is purchased, does it have to be 15
feet tall.
Commissioner Greenwood responded that he’s sure the possibility is there.
Vice Chair Stendell commented that he likes the revisions for the definitions. He
also said that you could mail order play sets. How do they get the news out?
Mr. Bagato responded that staff will work on a press release, add an article into
the BrightSide, and work on putting something out with the assistance from the
City’s Public Information Officer.
Vice Chair Stendell moved, by Minute Motion, recommending to the City Council
for consideration a Zoning Ordinance Amendment to modify Section 25.40.050
Accessory Structures to refine placement and development standards, and Section
25.99 Definitions to combine and make definitions consistent for accessory buildings
and structures; and include a reasonable sunset clause. Motion was seconded by
Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna,
Greenwood, and Stendell; NOES: None).
Vice Chair Stendell moved, by Minute Motion, to waive further reading and adopt
Resolution No. 2616, recommending to the City Council approval of Zoning Ordinance
Amendment 13-357 as proposed and include a sunset clause. Motion was seconded by
Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna,
Greenwood, and Stendell; NOES: None).
Commissioner DeLuna excused herself from the meeting at 7:05 p.m.
X. MISCELLANEOUS
A. REQUEST FOR CONISIDERATION of the appointment of a Planning
Commissioner to the General Plan Ad Hoc Consultant Selection Committee.
Commissioner Campbell moved, by Minute Motion, to nominate Commissioner
DeLuna to the General Plan Ad Hoc Consultant Selection Committee. Motion was
seconded by Vice Chair Stendell and carried by a 4-0 vote (AYES: Campbell, Dash,
Greenwood, and Stendell; NOES: None; ABSENT: DeLuna).
XI. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
Vice Chair Stendell reported that the Art in Public Places Commission discussed
a presentation from the Palm Springs Art Museum to add new sculptures and
expand the museum’s sculpture gardens, which will go to the City Council. He
also reported that Renova is sponsoring an artist to paint selected traffic signal
boxes within the City. He mentioned that the bronze statue in front of the YMCA
will be removed because it is broken. Lastly, he provided the Planning
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION JANUARY 21, 2014
11
G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.docx
Commission with a postcard listing the Palm Desert Public Art Documentary Film
Series.
B. PARKS & RECREATION
Chair Dash reported that the approval for the expansion of the Freedom Park
dog park will go to the City Council January 23. He mentioned that Mr. Ray
Rodriguez is the new Chair for the Parks & Recreation Commission.
XII. COMMENTS
A. DIRECTOR OF COMMUNITY DEVELOPMENT
1) 2014 Planning Commissioners’ Academy (March 26-28, 2014; San
Francisco, CA).
Ms. Aylaian commented on the Planning Commissioners’ Academy. She said
that there are funds to send two Commissioners, and stated that staff looks to the
Chair for his recommendation to who should be sent to the conference. She
invited comment from Chair Dash.
Chair Dash asked who from the Planning Commission is interested in attending
the conference.
Ms. Aylaian responded that Vice Chair Stendell and Commissioner Greenwood
are interested in attending the conference.
Vice Chair Stendell and Commissioner Greenwood will attend the conference.
Ms. Monica O’Reilly will assist with the travel arrangements.
XIII. ADJOURNMENT
Upon a motion by Commissioner Campbell, second by Vice Chair Stendell, and a
4-0-1 vote of the Planning Commission (AYES: Campbell, Dash, Greenwood, and
Stendell; NOES: None; ABSENT: De Luna), Chair Dash adjourned the meeting at 7:13
p.m.
ROGER DASH, CHAIR
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION