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HomeMy WebLinkAbout2014-05-20 PC Regular Meeting Agenda Packet CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, MAY 6, 2014 – 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 ______________________________________________________________________ I. CALL TO ORDER Chair Roger Dash called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Absent: Commissioner Nancy DeLuna Vice Chair Ken Stendell Commissioner John Greenwood Commissioner Sonia Campbell Chair Roger Dash Staff Present: Jill Tremblay, City Attorney Tony Bagato, Principal Planner Kevin Swartz, Assistant Planner Monica O’Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Sonia Campbell led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Lauri Aylaian, Director of Community Development, reported that at the meeting of April 24, the City Council approved the second reading for Zoning Ordinance Amendment 13-357 for accessory buildings and structures. The Council also awarded a contract to Raimi + Associates to update the City’s General Plan. She stated that staff will return to the Planning Commission requesting to appoint two representatives to the subcommittee to work on the General Plan. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 6, 2014 2 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\5-6-14 min.docx V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of April 15, 2014. Rec: By Minute Motion, approve as presented. B. REQUEST FOR CONSIDERATION of a lot line adjustment to eliminate Parcel 112 (APNs 652-141-032, 652-141-033, and 652-141-034). Case No. PMW 14-65 (Richard Nunn and Sandra LaFon, 134th Avenue NE, Bellevue, Washington 98005, Applicant). Rec: By Minute Motion, approve a Parcel line adjustment, Case No. PMW 14-65. Upon a motion by Commissioner Campbell, second by Commissioner DeLuna, and a 4-0-1 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, and Greenwood; NOES: None; ABSENT: Stendell), the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of adoption of a Notice of Exemption from Environmental Impact analysis, and approval of Tentative Parcel Map 36502 to subdivide a 2.09-acre site into four parcels (three single-family parcels and one retention basin parcel) located at 49-425 JFK Trail (APN 655-300-017). Case No. TPM 36502/HTE 12-410 (DRRS Holdings and Ross, Johnson and Associates, 888 Fort Street, 4th Floor, Victoria, British Columbia V8W 1H8, Applicant). Mr. Kevin Swartz, Assistant Planner, informed the Planning Commission that a letter from Ross, Johnson and Associates was received and distributed just prior to the meeting, and asked if they needed a moment to review it. He reported that the parcel is located in Ironwood Country Club known as Crosby Estates that is zoned Residential Single Family, and is surrounded by other single-family PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 6, 2014 3 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\5-6-14 min.docx homes. He stated that the applicant is proposing to demolish the existing home and the swimming pool. The proposed tentative parcel map will subdivide the 2.09-acre into four parcels. He said that three of the parcels will be used for single-family homes, and the fourth parcel will be used for a retention basin. The applicant will also widen JFK Trail, and install a new curb and gutter. Mr. Swartz stated that at the Planning Commission meeting of April 15 this item was continued to allow staff, the applicant, and the neighbors to determine appropriate pad height elevations. The neighbors expressed their concerns with the height elevations for Parcels 1 and 2. He stated that based on discussions the applicant reduced the pad height elevations. Mr. Swartz presented photos of the site plan and the surrounding area. He stated that the proposed subdivision complies with the Zoning Ordinance, General Plan, and Subdivision Act. The project is a Class 32; no further review is necessary for California Environmental Quality Act purposes. Staff recommended approval and offered to answer any questions. Commissioner Nancy DeLuna asked if the applicant would be paying for the widening of JFK Trail. Mr. Swartz replied yes. Commissioner DeLuna stated that based on the photos, it appears that the adjacent homes are screened with trees and a wall from the proposed parcel. She asked if that is correct. Mr. Swartz responded that there is existing landscape. Commissioner DeLuna inquired if one of the existing homes is higher than the proposed site. Mr. Swartz replied no. Commissioner John Greenwood commented that he did not see other similar retention basins in the adjacent areas. He asked why there is a retention basin on the proposed site. Mr. Swartz responded that the retention is a new code requirement. Commissioner Greenwood inquired if the City is aware of any substantial flooding issues within the proposed site. Mr. Swartz responded that during a storm in August 2013 one neighbor had some flooding. The retention basin should mitigate some of the flooding for the neighbor. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 6, 2014 4 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\5-6-14 min.docx Chair Dash declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MR. LINDSAY ROSS, Ross, Johnson and Associates, 2961 Sea Point Drive, Victoria, British Columbia V8N 1T1, stated that they purchased the property a couple of years ago on the basis that they would develop the property. He said that they spent many hours discussing various issues with the neighbors, and they were able to achieve a consensus with most of them. He noted that there is one neighbor that is not happy with the circumstances. Mr. Ross stated that they have done everything they could to please the neighbors, including resituating driveways, complying with landscaping requests, and increasing a retention basin to mitigate flooding for one of the neighbors. He said that their last concession was to reduce the pad height on the north side of the property with agreement from the northwest homeowner. However, it was not satisfactory to the neighbor on the northeast side of the property. Mr. Ross stated they have done the best they can, and they would like to get the project approved and developed. He offered to answer any questions. MR. ROBERT GILLILAND, Attorney representing some of the homeowners, 40- 004 Cook Street, Suite #3, Palm Desert, California 92211, stated that initially when the project was proposed, his clients were opposed to the four homes and cul-de-sac to be developed. He said that for the past two years they have been negotiating, and they have been able to reach several compromises that have been favorable to both sides. However, Mr. Roy Rauser, an adjacent homeowner, still has a concern with the elevation of Parcel 1. He noted that all the concerns from his other clients have been met and these neighbors are in favor of the project. MR. ROY RAUSER, 49-245 JKF Trail, Palm Desert, California 92260, stated that his property is north of Parcel 1. He said that their outdoor living is on the south side of the property facing Parcel 1. His concern is that the proposed elevation is approximately 14 inches higher than his property. Mr. Rauser said he sees no reason why it cannot be reduced to be the same level as his property. He mentioned that Mr. Ross’s engineer indicated that he would be amenable to have the building pad at the same level as his property. He voiced his concerns that the views and the privacy of his patio will be compromised. He asked the Planning Commission to consider that the pad height elevation be the same as his property, which will save the value of his home and his living space. MS. JULIA BURT, 49-400 Della Robbia Lane, Palm Desert, California 92260, stated that their property is located to the west. She said that they are affected by Parcels 2 and 3. She stated that she would like to clarify the pad elevation of Parcel 3 relative to Parcel 2. Ms. Burt heard that Parcel 1 is being brought down to be consistent with the neighbor that is adjacent; therefore, Parcel 2 and Parcel 3 should be brought down to be consistent. She also addressed Commissioner DeLuna’s question. Ms. Burt stated that there is existing landscape; however, it is PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 6, 2014 5 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\5-6-14 min.docx very open. She noted that they are visually impacted between their parcel and the neighbors. MR. RON FIERO, Fiero Engineering, 75-060 Gerald Ford Drive, Palm Desert, California 92211, stated that Parcel 3 is approximately eight inches higher than Parcel 2. He said that Parcel 3 is almost four feet lower than the property line, and it is another foot lower on Parcel 2 where the tennis court is located. He commented that the original pad elevations were based on the typography so that they would not be exporting or importing any dirt. He stated that they lowered the elevations on the northern parcels as part of the negotiations. He mentioned that he had a conversation with the neighbor to the north. The neighbor asked him if there was an engineering reason why the elevation needed to be higher or lower. Mr. Fiero said that he told the neighbor it would work engineering wise, but made clear that he did not have the authority to say what the pad height elevations were. He offered to answer any questions. With no further testimony offered, Chair Dash declared the public hearing closed. Commissioner DeLuna commented that she had a couple more pad elevation questions for staff. Ms. Aylaian interjected that Chair Dash reopen the public hearing. Chair Dash declared the public hearing open for additional testimony. Commissioner DeLuna asked if it is correct that the applicant could have built according to the City requirements with the original pad height elevations. Did the applicant choose to lower the pads to accommodate the negotiations? Mr. Swartz replied that is correct. With no further testimony offered, Chair Dash declared the public hearing closed. Commissioner DeLuna moved, by Minute Motion, to approve a Notice of Exemption from Environmental Impact analysis as it relates to the project, and Tentative Parcel Map 36502 and preliminary grading plan to subdivide a 2.09-acre site into three single-family parcels and one retention basin parcel. Motion was seconded by Commissioner Campbell and carried by a 4-0-1 vote (AYES: Campbell, Dash, DeLuna, and Greenwood; NOES: None; ABSENT: Stendell). Commissioner DeLuna moved, by Minute Motion, to waive further reading and adopt Resolution No. 2621, subject to conditions. Motion was seconded by Commissioner Campbell and carried by a 4-0-1 vote (AYES: Campbell, Dash, DeLuna, and Greenwood; NOES: None; ABSENT: Stendell). PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 6, 2014 6 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\5-6-14 min.docx B. REQUEST FOR CONSIDERATION to amend Development Plan 13-316 adding Section J Pad Height Elevation Schedule for the 23 remaining undeveloped lots within the Mountains at BIGHORN. Case No. DP 13-316 (Bighorn Development, LLC, 255 Palowet Drive, Palm Desert, California 92260, Applicant). Mr. Swartz reported that the property is located on the west side of Highway 74, known as the Mountains at BIGHORN. On October 15, 2013, the Planning Commission approved the uniform development standards. At that time, staff mentioned that the pad height elevations for the remaining 23 undeveloped lots would come back to the Planning Commission for approval. He said that staff found that the pad elevations at many of the lots have been modified since their original approval, and 21 of the lots were within one to three feet plus or minus. Staff has determined an appropriate pad elevation based on what the City approved, the elevations today, and a field study. Staff also created a range based on the natural terrain, street grade, and surrounding properties for the remaining two lots (Lots 11 and 13). Mr. Swartz presented a map of the lots, pad schedule, and photos. He mentioned that the neighbor adjacent to Lot 4 called to ask for the pad height elevation. The pad is not changing so the neighbor did not express any concern. Staff recommended approval and offered to answer any questions. Commissioner DeLuna referred to Lot 13, asked if the pad height will impact the ridgeline. Mr. Swartz replied no. Commissioner DeLuna asked if they are able to build up to 20 feet. Mr. Swartz replied that is correct. He mentioned that Mr. Carl Cardinalli is present, and could answer questions regarding Lot 13. Commissioner DeLuna referred to another photo, and asked if it would impact the ridgeline. Mr. Swartz responded that it would not. Commissioner DeLuna commented she is concerned with the ridgeline view. Mr. Swartz responded that the applicant may speak and pinpoint the location of the pad. Chair Dash declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 6, 2014 7 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\5-6-14 min.docx MR. CARL CARDINALLI, Vice President for Bighorn Development, 255 Palowet Drive, Palm Desert, California 92260, pointed to the photo and gave a description of the site and location of the ridgeline. He told the Commission that they are welcome to visit and view any of the pads. Mr. Cardinalli stated that he came from the Bay area approximately 25 years ago. He said it was refreshing to come to a community and work with a City government that you can sit down and talk to in order to understand the City’s objective, and everyone worked in concert to achieve that. He stated that over the last three years he has worked with Ms. Aylaian, Mr. Bagato, Mr. Swartz, and the whole Planning Department, and it has been a pleasure. He said that staff has been extremely conscientious, and have always expressed the best interest of the City. From his standpoint, which was most helpful, staff listened and was responsive. He thanked the Planning Commission for their consideration. Commissioner DeLuna agreed that the City has an excellent staff and thanked the applicant. Chair Dash thanked the applicant for his comments, and stated that they are proud of the offerings of the staff. With no further testimony offered, Chair Dash declared the public hearing closed. Commissioner Campbell moved, by Minute Motion, to approve the pad height elevation schedule for the remaining 23 undeveloped lots within the Mountains at BIGHORN in accordance with Development Plan 13-316. Motion was seconded by Commissioner Greenwood and carried by a 4-0-1 vote (AYES: Campbell, Dash, DeLuna, and Greenwood; NOES: None; ABSENT: Stendell). Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2628, subject to conditions. Motion was seconded by Commissioner Greenwood and carried by a 4-0-1 vote (AYES: Campbell, Dash, DeLuna, and Greenwood; NOES: None; ABSENT: Stendell). Commissioner DeLuna commented that Mr. Cardinalli and the organization he represents are a very important part of the City, and they have always been very easy to work with. She stated that they have made the Planning Commission’s job easier and thanked Mr. Cardinalli. Commissioner Campbell added that she believes that the City has the best Planning staff in the country. X. MISCELLANEOUS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 6, 2014 8 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\5-6-14 min.docx XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None PARKS & RECREATION None XII. COMMENTS Commissioner Greenwood commented that he would be interested in being a representative for the General Plan Update. Commissioner DeLuna inquired if there will be a meeting on June 3, which is Election Day. Ms. Aylaian responded that typically they have been holding meetings when there are agenda items on Election Day since they no longer use the Council Chamber lobby for polling. Chair Dash commented that he will not be able to attend the meeting of May 20. XIII. ADJOURNMENT Upon a motion by Commissioner Greenwood, second by Commissioner Campbell, and a 4-0-1 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, and Greenwood; NOES: None; ABSENT: Stendell), Chair Dash adjourned the meeting at 6:52 p.m. ROGER DASH, CHAIR ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O’REILLY, RECORDING SECRETARY