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Home My WebLink About2014-09-16 PC Regular Meeting Agenda Packet CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, AUGUST 19, 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: 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 Tony Bagato, Principal Planner Eric Ceja, Associate Planner Kevin Swartz, Assistant Planner Christina Canales, Assistant Engineer Monica O’Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Vice Chair Ken Stendell led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION None V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 19, 2014 2 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\8-19-14 min.docx VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of July 1, 2014. Rec: By Minute Motion, approve as presented. This item was removed for separate consideration under Section VII. Consent Items Held Over. Please see that portion of the Minutes for resulting discussion and action. B. REQUEST FOR CONSIDERATION of a lot line adjustment (APN 652-340- 011 & 652-340-015) at 878 Andreas Canyon Drive. Case No. PMW 14-212 (Crystal Springs Real Estate, LLC, c/o Edward A. Burger, 72-650 Fred Waring Drive #202, Palm Desert, California 92260, Applicant). Rec: By Minute Motion, approve a lot line adjustment, Case No. PMW 14- 212. C. REQUEST FOR CONSIDERATION of a lot line adjustment to merge lots (APN 627-153-012 & 627-153-013) at 73-600 Alessandro Drive. Case No. PMW 14-210 (B.G. Desert Investments, LLC, 73-550 Alessandro Drive, Palm Desert, California 92260, Applicant). Rec: By Minute Motion, approve a lot line adjustment, Case No. PMW 14- 210. This item was removed for separate consideration under Section VII. Consent Items Held Over. Please see that portion of the Minutes for resulting discussion and action. D. REQUEST FOR CONSIDERATION of a lot line adjustment (APN 632-280- 035 & 632-280-038) at Lost River Drive. Case No. 14-218 (Gillway, LLC, 40- 004 Cook Street, Palm Desert, California 92211, Applicant). Rec: By Minute Motion, approve a lot line adjustment, Case No. PMW 14- 218. Upon a motion by Commissioner Campbell, second by Commissioner Greenwood, and a 5-0 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None), the remainder of the Consent Calendar was approved as presented. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 19, 2014 3 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\8-19-14 min.docx VII. CONSENT ITEMS HELD OVER A. MINUTES of the Planning Commission meeting of July 1, 2014. Chair Dash requested that the word “not” be stricken from page 14, first paragraph, second line of the July 1 Planning Commission minutes. Upon a motion by Vice Chair Stendell, second by Commissioner Campbell, and a 5-0 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None), the Minutes were approved as amended. C. REQUEST FOR CONSIDERATION of a lot line adjustment to merge lots (APN 627-153-012 & 627-153-013) at 73-600 Alessandro Drive. Case No. PMW 14-210 (B.G. Desert Investments, LLC, 73-550 Alessandro Drive, Palm Desert, California 92260, Applicant). Commissioner Greenwood stated that he would abstain because his firm represents the applicant. Upon a motion by Vice Chair Stendell, second by Commissioner Campbell, and a 4-0-1 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, and Stendell; NOES: None; ABSENT: Greenwood), Consent Calendar Item C was approved. VIII. NEW BUSINESS None IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of adoption of a Notice of Exemption of Environmental Impact, and approval of Tentative Parcel Map 36614 to create two new parcels within the Las Sombras shopping center (APN 640-020-006). Case No. TPM 36614/HTE 13-20 (Steve Doctor, C&SD Construction, Inc., 4895 Pacific Highway, San Diego, California 92110, Applicant). Mr. Kevin Swartz, Assistant Planner, reported that the site is located at the northwest corner of Fred Waring Drive and Highway 111. The site was previously developed as part of Development Plan 01-78, which included five buildings for restaurant and retail uses. He displayed a site plan and pointed to the four parcels. He stated that the proposed tentative parcel map will create one new parcel for a total of five parcels within the center (Red Lobster, International School of Beauty, Olive Garden, Tilted Kilt, and a vacant building for future restaurant use). The proposed map does not impact the development and existing buildings, and the parking agreement will stay in place. Staff recommended that the Planning Commission approve the proposed tentative parcel map. He offered to answer any questions. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 19, 2014 4 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\8-19-14 min.docx Commissioner Sonia Campbell asked what is coming into the vacant buildings. Mr. Swartz responded that on Parcel 5 there was going to be a vegetarian restaurant; however, he heard from the applicant that it fell through. For Parcel 2, there are permits issued for a Buffalo Café and a Fat Burger. Chair Dash declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MR. BRUCE HAULLEY, 48-640 Acropolis Street, Indio, California 92201, stated that he is the leasing broker for the shopping center. He mentioned that as of yesterday, the lessee for the vegan restaurant was unable to receive financing so the space is still available. He also mentioned that they are working on leasing the upstairs office space. MS. CASSIE ALLGEYER, PO Box 987, Guasti, California 91743, mentioned that she is the property manager at Las Sombras shopping center, and she is also present on behalf of the owner. With no further testimony offered, Chair Dash declared the public hearing closed. Commissioner Campbell moved, by Minute Motion, to adopt a Notice of Exemption of Environmental Impact, and approve Tentative Parcel Map 36614 to create two new parcels within Las Sombras shopping center. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2632, adopting a Notice of Exemption of Environmental Impact, and approving Tentative Parcel Map 36614, subject to conditions. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). B. REQUEST FOR CONSIDERATION of a Notice of Exemption in accordance with the California Environmental Quality Act, and a tentative parcel map to subdivide a 1.31-acre parcel into two parcels within Canyon View Estates, located at the southern terminus of Canyon View Drive, within Ironwood Country Club. Case No. TPM 36776/HTE 14-223 (Sunlite Development, PO Box 10668, Palm Desert, California 92255, Applicant). Mr. Eric Ceja, Associate Planner, reported that the proposed tentative parcel map will allow subdividing a 1.31-acre parcel into two separate parcels within Canyon View Estates. He displayed a photo of the site, and pointed out that the property backs to open space. In 2002, Canyon View Estates received approval to subdivide 156 acres into 52 single-family lots and open space. Mr. Ceja stated that the applicant is requesting to split the parcel nearly in half to create two PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 19, 2014 5 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\8-19-14 min.docx parcels of near equal size to potentially be developed for single-family homes. He noted that the Development Standards for Canyon View Estates will apply to the two parcels. He also noted that a condition was placed establishing a minimum lot size of 16,000 square feet. The homeowners’ association has granted preliminary approval of the parcel split. Staff recommended approval and he offered to answer any questions. Vice Chair Stendell inquired if there is a minimum lot width requirement in a residential low density zone. Mr. Tony Bagato, Principal Planner, responded that normally there would be a minimum lot width. For a Planned Residential zone, the lot width is established by a Development Plan. Commissioner Nancy DeLuna asked if either lots drain on to the other. Mr. Ceja replied no. He said that both lots have been previously graded so they are both equal elevation. Commissioner John Greenwood commented that there is an encroachment from the driveway on Parcel 1 to Parcel 2. He asked if that would be an issue. Ms. Christina Canales, Assistant Engineer, responded that normally they would receive permission from the other owner to grade on their site. Chair Dash declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MR. PAUL DEWEY, Sunlite Development, PO Box 10668, Palm Desert, California 92255, commented that they plan on building two single-family homes that will be approximately 4,500 to 5,000 square feet. Commissioner Campbell asked if the lots have been sold. MR. DEWEY responded that they are hoping to sell them soon. With no further testimony offered, Chair Dash declared the public hearing closed. Commissioner Campbell moved, by Minute Motion, to adopt a Notice of Exemption of Environmental Impact, and approval of Tentative Parcel Map 36776 to subdivide a 1.31-acre parcel into two parcels within Canyon View Estates at Ironwood Country Club. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 19, 2014 6 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\8-19-14 min.docx Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2633, adopting a Notice of Exemption of Environmental Impact, and approving Tentative Parcel Map 36776, subject to conditions. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). C. REQUEST FOR CONSIDERATION of a change of zone from Office Professional (O.P.) to Public (P) for a vacant .68-acre property located at 72- 565 Highway 111, also known as APN 640-370-016. Case No. CZ 14-190 (City of Palm Desert, Applicant). Mr. Bagato reported that the request is for a change of zone from Office Professional to Public for a single parcel located at Entrada del Paseo. He stated that most of the property has been developed, and is currently occupied by Cuistot, La Spiga, Palm Springs Art Museum, and the Chamber of Commerce. There is one pad currently vacant that is located between La Spiga and the Chamber of Commerce (Henderson Building). Mr. Bagato said that the City is looking at purchasing the property for public use, possibly for an outdoor multi- use pavilion. The proposed change of zone is consistent with the overall master plan. He offered to answer any questions. Commissioner DeLuna asked if there has been any interest in the property. Mr. Bagato responded that there has not been an interest on this parcel. Commissioner DeLuna asked if it is being suggested that the land be used for an outdoor pavilion. Mr. Bagato replied that an outdoor pavilion has been discussed by City staff. Vice Chair Stendell inquired if all the other parcels have been built out and occupied. Mr. Bagato replied yes. Commissioner Greenwood asked what has been discussed as far as connectivity towards El Paseo. He said that he would love to see the circulation and connection to additional districts. Mr. Bagato responded that the circulation could be discussed during the upcoming General Plan process. He said that there is going to be a focused effort on Highway 111, El Paseo, and a possible resort overlay around El Paseo. He mentioned that the City has a signage package going to the City Council. The signage package consists of monument signs in the medians at both entrances of El Paseo. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 19, 2014 7 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\8-19-14 min.docx Commissioner Greenwood commented that he would also like to improve the connection visibility from Highway 111 to the Entrada del El Paseo site. He noted that there is a lot of landscaping and it is hard to see into the site. With no further testimony offered, Chair Dash declared the public hearing closed. Commissioner Campbell feels that land is good for public use. Commissioner Campbell moved, by Minute Motion, to recommend to the City Council a change of zone from Office Professional to Public for a vacant .68-acre property located at 72-565 Highway 111. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2634, recommending to the City Council approval of Change of Zone 14-190. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). D. REQUEST FOR CONSIDERATION of a Conditional Use Permit to install telecommunication antennas and equipment, and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act for building modifications to remove an existing 40-foot tall spire and construct a 40-foot tall cupola in its place to screen the antennas at the Palm Desert Oasis Seventh-Day Adventist Church, located at 74-200 Country Club Drive. Case No. CUP 14-121 (AT&T Mobility, 1265 N. Van Buren Street, Anaheim, California 92807, Applicant) Mr. Ceja reported that the conditional use permit request is to install telecommunication equipment at the Palm Desert Seventh-Day Adventist Church located on Country Club Drive east of Portola Avenue. The applicant is proposing to install up to 12 antennas to provide AT&T service in the surrounding area. Mr. Ceja presented photos of the proposed cupola structure to screen the antennas, and gave a brief description of the project. He mentioned that the Architectural Review Commission (ARC) approved the design of the cupola structure for the church; however, minor changes were recommended. The recommended changes were widening of the cupola columns and the windows to better match the church. He said that staff is recommending a condition that the final construction drawings go back to the ARC for final approval. Staff is also recommending that the conduit running from the equipment enclosure to the cupola be mounted under the roof so they are not exposed, and that the walking pads be a compatible color to the roof tiles. Mr. Ceja stated that staff is recommending approval of this project, and he offered to answer any questions. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 19, 2014 8 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\8-19-14 min.docx Commissioner DeLuna asked if there is only going to be AT&T antennas, and no other service providers involved. Mr. Ceja responded that the applicant is only proposing antennas for AT&T. Commissioner Campbell inquired if the condition Mr. Ceja mentioned has to be added to the conditions. Mr. Ceja replied that the condition was added to the resolution. Vice Chair Stendell asked if the cupola will have windows or louvers. Mr. Ceja responded that it will be windows. Commissioner Campbell clarified if the windows will be tinted. Mr. Ceja replied that the windows will be tinted so that they match the windows below. Chair Dash declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MR. DAVE KAZNER, 26621 Vuelta Rica, San Clemente, California 92624, commented that they agree with staff and ARC’s recommendations, and they will abide to all the conditions of approval. He offered to answer any questions. Commissioner DeLuna asked if there will be more than one service provider at this location. MR. KAZNER replied that it is hard to say. He explained that if another carrier came in, the second carrier would have to place their antennas below them, which they would not be able to since the top of the cupola is only 40 feet above grade. Vice Chair Stendell asked how much coverage are they getting with the 40-foot cupola? MR. KAZNER responded that he is not a radio frequency engineer; however, the engineers have passed this project. In order to move forward on a project like this, it has to pass at 90 percent through different programs that the engineers use. He said it is his understanding that it has passed above 90 percent. Commissioner Greenwood asked if there are health consequences with having radio frequency above a structure. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 19, 2014 9 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\8-19-14 min.docx Ms. Lauri Aylaian, Director of Community Development, responded that the health consequences or the lack thereof from radio frequencies, is regulated under the federal law and out of the Planning Commission’s purview. Commissioner DeLuna asked staff if the roof of the current structure would support the cupola. Mr. Ceja responded that if the project is approved by the Planning Commission, the applicant would submit construction drawings to the Department of Building & Safety, and they would require a structural analysis demonstrating that the roof structure can support the cupola. He noted that as far as he knows, the cupola does not have its own foundation, and it will be attached to the structure. With no further testimony offered, Chair Dash declared the public hearing closed. Commissioner Campbell commented that the cupola looks better on the church than without it, and feels it will blend in well. Commissioner Campbell moved, by Minute Motion, to approve adopt a Notice of Exemption of Environmental Impact and a conditional use permit to install telecommunications antennas and equipment at the Palm Desert Oasis Seventh-Day Adventist Church located at 74-200 Country Club Drive. Motion was seconded by Commissioner Greenwood and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2635, approving Conditional Use Permit 14-121 and a Notice of Exemption of Environmental Impact, subject to conditions. Motion was seconded by Commissioner Greenwood and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). Ms. Aylaian took a moment to thank the applicant. She stated that it is unusual that they get any telecommunications tower applications other than mono-palms disguised by other palms around them. She said that the applicant has gone above and beyond. As Commissioner Campbell pointed out, the church is enhanced by the cupola. Ms. Aylaian commented that it is good to see a creative approach for a change and only at 40 feet tall. Commissioner DeLuna mirrored Ms. Aylaian’s sentiment. She commented that she appreciates the applicant’s concern for the structure of the City, and things that fit in and are compatible uses. She stated that the applicant has done an excellent job of above and beyond the call of duty, and thanked the applicant. X. MISCELLANEOUS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION AUGUST 19, 2014 10 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\8-19-14 min.docx XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Vice Chair Stendell reported that three finalists were selected for the art on the wall at Carlos Ortega Villas, which is going to be a tile mural. The Art in Public Places Commission (AIPP) considered the donation of Urban Tree by Carlos Basanta to the City of Palm Desert. He said that the City is looking at accepting the art piece and finding a permanent location for it. He gave the Planning Commission members an AIPP map of art in the City; however, the map will change when the art changes on El Paseo. He announced that the next showing for the gallery is September 8. He mentioned that the Desert Gateway rock sculpture, which was taken out in a car accident, has been restored. Commissioner DeLuna asked if the ceramic pedestal art piece on Avenue of the States is going to be incorporated with the mural at Carlos Ortega Villas. Vice Chair Stendell responded that not to his knowledge, but he would find out. B. PARKS & RECREATION None XII. COMMENTS None XIII. ADJOURNMENT Upon a motion by Vice Chair Stendell, second by Commissioner Campbell, and a 5-0 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None), Chair Dash adjourned the meeting at 7:36 p.m. ROGER DASH, CHAIR ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O’REILLY, RECORDING SECRETARY