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Home My WebLink About2018-05-01 PC Regular Meeting Agenda Packet CITY OF PALM DESERT REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION AGENDA TUESDAY, MAY 1, 2018 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. SUMMARY OF COUNCIL ACTION V. ORAL COMMUNICATIONS Any person wishing to discuss any item not scheduled for public hearing may address the Planning Commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. Because the Brown Act does not allow the Planning Commission to take action on items not on the Agenda, Commissioners will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for report and recommendation at a future Planning Commission meeting. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the Office of the Department of Community Development and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m.-5:00 p.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611, Extension 484. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE PLANNING COMMISSION OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII, CONSENT ITEMS HELD OVER OF THE AGENDA. AGENDA REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION MAY 1, 2018 A. MINUTES of the Regular Planning Commission meeting of April 3, 2018. Rec: Approve as presented. Action: B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application to adjust common lot lines at Gerald Ford Drive and Technology Drive (APNs 694- 190-086 & 694-190-085). Case No. PMW 18-0002 (MSA Consulting, Inc., Rancho Mirage, California, Applicant). Rec: By Minute Motion, approve Case No. PMW 18-0002. Action: VII. CONSENT ITEMS HELD OVER Vill. NEW BUSINESS None IX. CONTINUED BUSINESS A. MINUTES of the Regular Planning Commission meeting of March 20, 2018. (Continued from the meeting of April 3, 2018). Rec: Approve as presented. Action: X. 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 a Notice of Exemption and Conditional Use Permit to establish a 6,718-square-foot indoor baseball and softball training facility within an existing industrial building located at 73-804 Dinah Shore Drive. Case No. CUP 18-0001 (The Hitting Zone, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2718, subject to conditions. Action: 2 GAPlanning\Monica OReilly\Planning Commission\2018\Ngenda\5-1-18 agn.docx AGENDA REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION MAY 1, 2018 XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION XIII. COMMENTS A. UPDATE on a Residential Solar Preference Ordinance. (Information Only) XIV. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 27th day of April 2018. N Monica O'Reilly, Recording Se, etary Please contact the Planning Department, 73510 Fred Waring Drive, Palm Desert CA 92260, (760) 346-0611, for assistance with access to any of the agenda, materials, or participation at the meeting. 3 GAPlanning\Monica OReilly\Planning Commission\2018\Agenda\5-1-18 agn.docx CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES ' TUESDAY, APRIL 3, 2018 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER No Chairman Joseph Pradetto called the meeting to order at 6:01p.m. II. ROLL CALL Present: Absent: Commissioner Nancy DeLuna Commissioner Lindsay Holt Commissioner John Greenwood Vice Chairman Ron Gregory Chairman Joseph Pradetto !r,I Staff Present: 1,�16 �'! ��U�!�r �� . � �� II I � � I, l� Jill Tremblay, Assistant City`Attorney Eric Ceja, Principal Planner � illl!p, Nick Melloni, Assistant Planner Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Chairman Joseph Pradetto led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Principal Planner Eric Ceja summarized pertinent March 22, 2018, City Council actions. V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION APRIL 3, 2018 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of March 20, 2018. Rec: Continue to the next regular scheduled meeting. B. REQUEST FOR CONSIDERATION to approve a one-year time extension for Tentative Tract Map 36342 for the subdivision of 22+ acres into 196 units consisting of 84 cluster units, 64 attached units, 48 single-family homes, and a private recreation facility development located on the northeast corner of University Park Drive and College Drive. Case No. TT 36342 (WSI Mojave Investments, LLC, Irvine, California, Applicant). Rec: By Minute Motion, approve a one-year time extension for Case No. TT 36342 until May 3, 2019. Upon a motion by Commissioner DeLuna, second by Commissioner_Greenwood, and a 3-0-2 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, and Pradetto; NOES: None; ABSENT: Gregory and Holt). f�ii��l) 'I�t, 4IiI 'lII VII. CONSENT ITEMS HELD OVER N•. y Il :II �� j None ill''i l "lull �,�lI�p lid i Vill. NEW BUSINESS None Ili �I�, „I�, ��ull�l�� allii�ilglP'„ I�I G� � Iflllil , jjl;I� IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a Notice of Exemption and Conditional Use Permit to establish a 496-square-foot recycling small collection facility within the parking lot of an existing shopping center located at 74-590 Highway 111. Case No. CUP 17-0001 (rePlanet, LLC., Ontario, California Applicant). Assistant Planner Nick Melloni presented the staff report (staff report is available at www.cityofpal'mdesert.org). Staff recommended approval and offered to answer any questions. Commissioner John Greenwood asked if staff received any comments from Embassy Suites, the adjacent neighbor. Mr. Melloni responded that staff did not receive correspondence related to the notice. 2 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\4-3-18.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION APRIL 3, 2018 Chairman Pradetto inquired what the difference is between the existing facility approval and the request for approval today. Mr. Melloni replied that the existing facility was approved administratively for only a site plan and a Temporary Use Permit for the placement of the facility. Approval of a Conditional Use Permit will establish the conditions for maintenance and security of the facility. Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. BRIAN JACKSON, rePlanet, LLC., Ontario, California, stated he did not have a formal presentation and noted the salient relevant facts were presented by staff. He offered to answer any questions. With no testimony offered, Chairman Pradetto declared the public hearing closed. Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2717, approving Case No. CUP 17-0001 , subject to conditions. Motion was seconded by Commissioner DeLuna and carried by a 3-0-2 vote with Commissioner Gregory and Holt ABSENT (AYES: DeLuna, Greenwood, and Pradetto; NOES: None; ABSENT: Gregory and Holt) u,I�Il,yl X. MISCELLANEOUS 61111��) �I ,�4��I ir��illlljl,lll�lf �I��II None XI. COMMISSION MEETING UPDATESI, "h'"+, I+�IIII'III�'�Ilu ilf�r� illlll ,iiiIIINIIIt1I�Il�ll�, ''1�111iU I' I t h I�III �ili. 3j lily A. ART IN PUBLIC PLACESIIi�� IIIJh' None 1,.,.,i,fhl•; B. PARKS & RECREATION Commissioner Greenwood reported that the Parks & Recreation Commission reviewed a proposal for playground equipment at Joe Mann Park, a presentation regarding park funding sources was presented, and the Palm Desert Aquatic Center and Civic Center Park were very busy over the Easter weekend. Lastly, the YMCA of the Desert met their fundraising goal and the Desert Recreation District held the Senior Games. XII. COMMENTS 3 G:\Planning\Monica OReilly\Planning Commission\2018\Minutes\4-3-18.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION APRIL 3, 2018 XIII. ADJOURNMENT With the Planning Commission concurrence, Chairman Pradetto adjourned the meeting at 6:13 p.m. JOSEPH PRADETTO, CHAIRMAN ATTEST: „p�!Ilirl�l q,li•a, � RYAN STENDELL, SECRETARY II PALM DESERT PLANNING COMMISSION �I l� I �i 8 MONICA O REILLY, RECORDING SECRETARY � Iihliff I .l, Fl i i��i,i� ;,• Ili II �lbh,! QI�gI� 111�'��u�'°'� 1,1!1,,;III.V ��uI{•''II 1�''I�j�,�li'r u llliii 4 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\4-3-18.docx �'��• CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: RYAN STENDELL, DIRECTOR OF COMMUNITY DEVELOPMENT From: CHRISTINA CANALES, ASSISTANT ENGINEER Date: April 20, 2018 Subject: PARCEL MAP WAIVER NO. 18-0002 The above-referenced parcel map waiver has been reviewed by the Engineering Division of the Public Works Department and found to be technically correct. Please schedule for Planning Commission action as soon as possible. PMW 18-0002: Applicant/Representative: MSA Consulting Inc. 34-200 Bob Hope Drive Rancho Mirage, CA 92270 Property Owner: Thomas J. Tokheim Palm Desert University Gateway, LLC, A Nebraska Limited Liability Company 38 Clancy Lane South Rancho Mirage, CA 92270 CHRISTINA CANALES ASSISTANT ENGINEER EXHIBIT "A" LEGAL DESCRIPTION P.M.W. NO. 18-0002 PARCEL "A" IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THOSE PORTIONS OF PARCEL 5 AND PARCEL 6 OF PARCEL MAP NO. 36792 ON FILE IN BOOK 239, AT PAGES 9 THROUGH 15, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LOCATED IN THE NORTH HALF OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 5 OF SAID PARCEL MAP; THENCE ALONG THE NORTHWESTERLY AND EASTERLY LINE OF SAID PARCEL 5 THE FOLLOWING FOUR (4) COURSES: (1) THENCE NORTH 58-01-37" EAST, A DISTANCE OF 377.88 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 268.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 35°27'38" EAST; (2) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 55°5927", AN ARC DISTANCE OF 261.90 FEET; (3) THENCE SOUTH 01°27'05" WEST, A DISTANCE OF 153.28 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1682.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 85'45'10" WEST; (4) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 05049'45", AN ARC DISTANCE OF 171.12 FEET; THENCE NON-TANGENT TO SAID CURVE AND LEAVING SAID EASTERLY LINE OF PARCEL 5 NORTH 90°00'00" WEST, A DISTANCE OF 329.57 FEET; THENCE NORTH 00000'00" EAST, A DISTANCE OF 196.14 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 5; THENCE NORTH 31058'23" WEST, ALONG SAID SOUTHWESTERLY LINE A DISTANCE OF 180.47 FEET, TO THE POINT OF BEGINNING; 1 OF 3 EXHIBIT "A" LEGAL DESCRIPTION P.M.W. NO. 18-0002 SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF- WAY OF RECORD. CONTAINING 170,842.77 SQUARE FEET OR 3.922 ACRES MORE OR LESS. PARCEL "B" IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THOSE PORTIONS OF PARCEL 5 AND PARCEL 6 OF PARCEL MAP NO, 36792 ON FILE IN BOOK 239, AT PAGES 9 THROUGH 15, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LOCATED IN THE NORTH HALF OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 6 OF SAID PARCEL MAP; THENCE SOUTH 31058'23" EAST, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 6, A DISTANCE OF 180.47 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 00"00'00" WEST, A DISTANCE OF 196.14 FEET; THENCE NORTH 90000'00" EAST, TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 5 A DISTANCE OF 329.57 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1682.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 88025'05" WEST; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 5 AND THE EASTERLY, SOUTHWESTERLY AND NORTHWESTERLY LINES OF SAID PARCEL 6 THE FOLLOWING SEVEN (7) COURSES: (1) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 02-07"37", AN ARC DISTANCE OF 62.44 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 264.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 86017'28" EAST; 2OF3 EXHIBIT "A" LEGAL DESCRIPTION P.M.W. NO. 18-0002 (2) THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 83°20'31", AN ARC DISTANCE OF 384.01 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 336.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 10022'01" WEST; (3) THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 56-50-25", AN ARC DISTANCE OF 333.33 FEET; (4) THENCE SOUTH 22-47-34" WEST, A DISTANCE OF 71.45 FEET; (5) THENCE SOUTH 69°32'01" WEST, A DISTANCE OF 36.35 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 925.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 26°39'56" WEST; (6) THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 49°2514", AN ARC DISTANCE OF 797.86 FEET; (7) THENCE NON-TANGENT TO SAID CURVE NORTH 58-01-37" EAST, A DISTANCE OF 685.73 FEET, TO THE POINT OF BEGINNING; SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS-OF- WAY OF RECORD. CONTAINING 516,991.16 SQUARE FEET OR 11.868 ACRES MORE OR LESS. AS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY OR UNDER THE DIRECTION OF: CHARLES R. HARRIS P.L.S. 4989 CHARLES R.HARRIS i No. 49139 , DATED: 'q OF CAJaFO'' 3 OF 3 EXHIBIT °B° SHEET 1 OF 2 SHEETS P.M.W. NO. 18-0002 P.O.B. �� 13 NW CDR. 1� PARCEL 5 R. 5 P.M.B. 239/9-15 ' 3 0' 200' 400' 61 APN 694-190-085 � o 'i ��5 ab NW LY LINE, E LY LINE, in P�G�5919+ 1 PAR. 5 PAR. 5 SCALE 1•=200' P.O.& �' PARCEL 'A' Q PAR. "B" 170,843 SQ. FT. MOST N'LY 3.922 AC. COR. PAR. 6 \\ LOT LINES TO BE NEW ADJUSTED ADJUSTED LOT LINE L) li NW'LY LINE, L) PAR. 6 PARCEL 8 7T-, N P.M.B. 239/9-15 N 0 W I J' APN 694--190-086 "s. PARCEL 'B' SEE DETAIL 'A` 516,991 SQ. FT. SHEET 2 / 11.868 AC. SE'LY LINE. PAR 6 L � \ LEI y�1 SW'LY LINE, ,Lo, PAR. 6 \ S s• No. ` Ci OF LEGEND DATED: 411 7 ,eb/.0 EX. LOT LINE TO BE ADJUSTED --------- EX. LOT LINE TO REMAIN NOTE: THIS PLAT WAS PREPARED FROM RECORD DATA ONLY AND DOES NEW ADJUSTED LOT LINE NOT REPRESENT A SURVEY OF PROPERTY SHOWN HEREON. THIS MAP (#) INDICATES RECORD DATA PER HAS BEEN APPROVED UPON THE EXPRESSED CONDITION THAT BUILDING PMB 239/9-15 PERMITS SHALL NOT BE ISSUED FOR ANY DEVELOPMENT WITHIN THIS ADJUSTMENT PLAT UNTIL NECESSARY DEDICATIONS, IF ANY, HAVE OCCURRED. PARCELS 5 & 6 OF PMB GERALD FORD DRIVE & 694-190-085 239/9-15 TECHNOLOGY DRIVE 694-190--086 LOT NO. STREET NAME A.P.N. ADJUSTMENT PLAT - CITY OF PALM DESERT POR. N 1/2 SEC. 33, T. 4 S., R. 6 E., S.B.M. J.N. 2438 ENGINEER: MSA CONSULTING INC. APPLICANT: AP ' R VED/ Y: 34--200 BOB HOPE DRIVE THOMAS J. TOKHEIM m' C RANCHO MIRAGE, PALM DESERT UNIVERSITY CALIFORNIA 92270 GATEWAY, LLC, A NEBRASKA CHRISTOPHER ALBERTS PHONE: (760) 320-9811 UMrrED LIABILITY COMPANY ACTING CITY SURVEYOR (�✓ �, q�t7�/B 38 CLANCY LANE SOUTH L.S. NO. 8508 RANCHO MIRAGE, CA 92270 EXP. 12/31/18 CHARLES R. HARRIS P.L.S. 4989 DATE 760 250--9790 1 DATE EXHIBIT °B° SHEET 2 OF 2 SHEETS P.M.W. NO. 18-0002 LINE DATA NO. BEARING LENGTH = N 01'27 05 E 153.28 1-2 N 00'00 00 E 195.14 L3 N 31'58 23 W 180.47 L4 S 22'47 34 W 71.45 L5 S 69'32 01 W 36.35 CURVE DATA NO. DELTA RADIUS LENGTH C1 55'59 27 26B.00 261.90 C2 05*49'45m 1682.00 171.12 C3 02'07 37 1682.00 62.44 C4 83'20 31 264.00 384.01 C5 55'50 25 336.001 333.33 C6 0757 22 1682.00 233.56 C7 0(Y26 53 1682.00 13.15 DETAIL 'A' NOT TO SCALE N 85'45'10" W) R PARCEL "A" S 88.25'05" w LOT LINES TO BE - R ADJUSTED n u ` 4c� SE COR., NEW ADJUSTED' — PAR, 5 LOT LINE PARCEL "B" T�Tk� S 87'58'12" W L ADJUSTMENT PLAT - CITY OF PALM DESERT POR. N 1/2 SEC. 33. T. 4 S., R. 6 E., S.B.M. J.N. 2438 ENGINEER: MSA CONSULTING INC. APPLICANT: ALP ED Y: 34-200 BOB HOPE DRIVE THOMAS J. TOKHEIM RANCHO MIRAGE, PALM DESERT UNNERSITY _ _ CALIFORNIA 92270 GATEWAY, LLC, A NEBRASKA CHRISTOPHER ALBERTS /)D/f M(760) 320-9811 UMfTED LIABILITY COMPANY ACTING CITY SURVEYOR fly g 38 CLANCY LANE SOUTH L.S. NO. 8508 / RANCHO MIRAGE, CA 92270 EXP. 12/31/1$ CHARLES R. HARRIS P.L.S. 4989 DATE 760 250-9790 DATE CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, MARCH 20, 2018 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chairman Joseph Pradetto called the meeting to order at 6:01 p.m. II. ROLL CALL Present: Commissioner Lindsay Holt arrived at 6:03 p.m. Commissioner John Greenwood�'�+;�;;'�'� , Ir��l� III Commissioner Nancy DeLuna1qyi jj,, �I �ili+111�I' , I G P.nj 13, Vice Chairman Ron GregorywCE�ld,, Chairman Joseph Pradetto Staff Present: Robert Hargreaves, City Attorney Ryan Stendell, Director of Community Development Eric Ceja, Principal Planner Ron Moreno, Senior Engineer/City Surveyor Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Chairman Joseph Pradetto led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION None V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 20, 2018 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of February 20, 2018. Rec: Approved as presented. B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application to merge two parcels at 48-322 Northridge Trail (APN Nos. 652-350-007 and 650- 350-028). Case No. PMW 18-0001 (The Paolella Trust, Langley, B.C., Canada, Applicant). Rec: By Minute Motion, approve Case No PMW 18-0001. Ilnp 4ull '��Ii��II�II�IhI'„, Upon a motion by Commissioner Greenwood, second by Vice Chairman Gregory, and a 4-0-1 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: Holt)• 1�0IIIIjI!R; VII. CONSENT ITEMS HELD OVER I;I None ;I ily" +,I,��illiill �!� ilyl (ip. I ��i VIII. NEW BUSINESS None ,I Ililll �II�'ll''"ll' I''li IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a recommendation to the City Council for the construction of a 396-unit apartment project with a clubhouse, recreational amenities, and roadway improvements; and a Mitigated Negative Declaration (MND) in accordance with the California Environmental Quality Act (CEQA) for an undeveloped 18-acre parcel located on the south side of Hovley Lane East and east of Portola Avenue. Case No. PP/CUP/EA 16-394 (New Cities Investment Partners, LLC., Walnut Creek, California, Applicant). Principal Planner Eric Ceja reviewed the staff report with the aid of a PowerPoint presentation (staff report is available at www.cityofpalmdesert.org). He noted there were several comments regarding school safety due to the proposed project being close to James Carter Elementary School ("Carter"). Staff was consulting with public safety officials regarding safety concerns raised around the school. It was mentioned that the placement of tall buildings next to the school does not present any additional security or safety concerns. He acknowledged that tall buildings currently exist near schools in the Coachella Valley, the State of California, and the country. In regard to the density bonus and the need for affordable housing, he noted that the California Department of Housing and Community Development and 2 GAPlanning\Monica OFeilly\Planning Commission\2018\Minutes\3-20-18.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 20, 2018 the Southern California Association of Governments provide an allocation of total housing needs for each city. For the current Regional Housing Needs Assessment (RHNA) cycle, the City of Palm Desert is required to build 98 low-income units. The proposed project would help meet the affordable housing requirement. Lastly, he stated as intended for the past 30 years, the apartment site still makes sense from a land use and planning perspective because of the close proximity to schools, transportation, businesses, and public services. The site also promotes walkability. Staff supported and recommended approval to the City Council. He made clear there would be another public hearing at the Council meeting. At the completion of his report, he mentioned the City Attorney had additional comments regarding the density bonus. In regard to the legal environment in which the Planning Commission considers the proposed project and due to the significant amount of affordable housing, City Attorney Robert Hargreaves stated there are protections under Federal and State law. The law has come up with a number of standards that constrain the City's ability to deny a project, such as the proposed project. He said the proposed project does comply with the underlining zoning of the, General Plan. Furthermore, the legislature has made it much more difficult for cities to deny projects as the one being proposed and increases the liability for the City if such project is denied. He explained that if the City were to deny a project as such, the City would have to make specific findings. The only relevant finding that could be considered is a specific adverse impact upon the public health and safety, which there is no feasible method to mitigate that impact. He defined a specific adverse impact as a significant, quantifiable direct and unavoidable impact based on the objective identifiable written public health and safety standards. He also noted under the law, the City is prohibited from discriminating against people with lower incomes which could become a,basis for having a court overturn any decision made by the City. With that said, he advised that during the discussions, they could discuss specific impacts such as school safety or traffic. The one topic that cannot be discussed is any negative references to people of lower-income status. Mr. Hargreaves offered to answer any questions. Commissioner Nancy DeLuna asked if the project is denied, what is the developer's recourse and what is the usual outcome. Mr. Hargreaves responded that whatever happens during the meeting, it is only a recommendation to the City Council. Before the Council could deny the project, the City Council would have to make specific findings. The developer would then have the option of addressing the impact or the developer could sue the City, which could be costly to the City of Palm Desert. Commissioner Lindsay Holt referred to the MND and asked if there were any impacts that could not be mitigated. Mr. Ceja replied no. 3 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\3-20-18.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 20, 2018 For impacts that could be mitigated, Commissioner Holt asked if those items would be taken care of by the developer. Mr. Ceja replied that is correct. In regard to traffic impacts, Commissioner Holt inquired if the impacts have been outlined in the traffic study. Mr. Ceja replied that is correct. Commissioner Holt clarified that any improvements necessary to infrastructure to sustain a Level of Service (LOS) C for all of the intersections within the vicinity of the project would be taken care of by the developer. Mr. Ceja replied that is correct. Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. ;!i� l!!!�,l !��Him�!lIII�II�II11('i�' MR. LEE NEWELL, New Cities Investment 'Partners, LLC., Walnut Creek, California, stated he would reserve his comments until the end of the meeting. Commissioner Holt asked Mr. Newell if he has worked out his issues with Canterra Apartments ("Canterra"). MR. NEWELL replied he hoped so. Commissioner Holt commented that she would like to hear from Mr. Moran with Canterra Apartments. MR. RICHARD MORAN, Canterra, Palm Springs, California, stated he and his partner own Canterra. He said they were concerned with the three-story buildings adjacent to their property line because the buildings would block the view of the mountains for many of their residents. He stated Mr. Newell agreed to lower four of the three-story buildings adjacent to Canterra. He said they also agreed to the garages along their property line. He mentioned that he talked to Mr. Ceja about Canterra also building garages to mitigate the impact along the property line, which staff did not oppose. He stated nothing is ever perfect, but they are happy with the agreement that was worked out with Mr. Newell. Prior to taking comments from the public, Chair Pradetto asked the Planning Commission for ex parte comments, which means any conversations they had outside the Commission meetings that were not in the staff report or in staff's presentation. 4 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\3-20-18.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 20, 2018 Commissioner DeLuna commented that she had a meeting with the owner of Canterra and his attorney to discuss his concerns with the proposed project. The meeting was held at the Palm Desert City Hall with staff present at the meeting. Commissioner John Greenwood said he had the same meeting as Commissioner DeLuna but at a different time. The meeting was also held at City Hall with staff present. Chair Pradetto called for public testimony at this time. The following individuals spoke in OPPOSTION to the proposed construction of a 396-unit apartment project for various reasons that included the height of three- story buildings, the three-story buildings adjacent to two single-story subdivisions, the project is not proper at the site location, reduction of parking space standards, zero-lot-line setbacks and not having a buffer, loss of mountain views, loss of privacy, decrease of property value, increased traffic in the area, impacts to the elementary school, school safety due to three-story buildings overlooking the schoolyard, fire safety, environmental impacts associated to dust and wildlife, noise pollution, automobile pollution, concern with damages to adjacent homes due to construction, concern with the sand dunes and sand due to construction, the need for a landscape buffer, concern with the beer garden, lack of proper hearing notification, and the wall between Portola'Country Club (PCC) and the proposed project should be at least eight feet tall. MS. NANCY THORP, Angels Camp Road, Palm Desert MS. JUNE ENGBLOM, Angels Camp Road, Palm Desert MS. ANNE HOENE, Zircon Circle, Palm Desert MR. SID TOLCHINSKY, Granite Place, Palm Desert MS. PATTY MC NAMARA, Angels Camp Road, Palm Desert MR. OSCAR MARTINEZ, Via Venezia, Palm Desert MR. ED KNOPF, Via Pellestrina, Palm Desert MS. DIANE WOHL, Via Pellestrina, Palm Desert MS. DONNA KNOPF, Via Pellestrina, Palm Desert MR. ORRIN WEINSTEIN, Via Pellestrina, Palm Desert MR. DAVID NEWMAN, Via Venezia, Palm Desert MR. RICHARD WOHL, Via Pellestrina, Palm Desert MR. JOE MARTINEZ, Via Pellestrina, Palm Desert MR. LOREN CAMPBELL, Via Pellestrina, Palm Desert MR. JAMES GUGINO, Via Garibaldi, Palm Desert, voiced his concern with the items mentioned above. Additionally, he is concerned with the low-income units and people climbing over the wall to steal. He stated that Robin Hood stole from the rich and not from the poor. Chairman Pradetto called a recess at 7:03 p.m. and he reconvened the meeting at 7:10 p.m. 5 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\3-20-18.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 20, 2018 MR. PAUL BAMBAUER, Via Pellestrina, Palm Desert MS. CARRIE SMITH, Via Treviso, Palm Desert MR. JOHN MODER, Mirage Cove Drive, Rancho Mirage MR. STEVE ZOET, Via Treviso, Palm Desert MS. LAUREEN SAWYER, Zircon Circle East, Palm Desert MS. PAULA SCHOFIELD, Via Garibaldi, Palm Desert MR. STEVE MILLER, Via Vittorio, Palm Desert MS. CHARLENE PETERSON, Zircon Circle East, Palm Desert MR. ED ZAKANYCH, Angels Camp Road, Palm Desert MS. LUCILLE WILLIAMSON, Angels Camp Road, Palm Desert MR. LEE SOUDER, Via Venezia, Palm Desert MS. DIANA ALTORFER, Via Pellestrina, Palm Desert MR. ROBERT AULT, Via Aregio, Palm Desert MS. GERALDINE DAVIS, Angels Camp Road, Palm Desert The following individual spoke IN FAVOR of the proposed construction of a 396- unit apartment project. MR. JIM SCHMID, Daylily Circle, Palm Desert, stated that his daughter attends Carter and a younger son who he hopes will also attend the school. He voiced his disappointment with the sensationalizing of shootings. He said kids are going home from school and mentioning someone at school went up to them and were asked what will you do if there is a shooting. He stated the reality is the odds of a shooting are infinitesimally small and his children should not be thinking of shootings. He believed there is no risk to his children or any of the other children attending Carter from two- or three-story buildings on an adjoining property. As a community 'member, the proposed project is important for housing. He communicated that eventually, the community will have to face the reality that single-family homes are not going to be enough and housing density will be needed. He felt the City should work with the developer and the community to resolve some of the outstanding issues. Chairman Pradetto called a recess at 7:44 p.m. and he reconvened the meeting at 7:47 p.m. Chairman Pradetto thanked everyone for their comments and being respectful of one another. He believed they covered a lot of ground and they will have a lot of good discussions. He invited the developer to the podium to address the Planning Commission. MR. NEWELL stated he is sorry to disappoint Mr. Steve Miller, but they will be eliminating the beer garden. He explained they really did not know it was there because of the tiny grove of trees. Additionally, they will eliminate the sand volleyball court. He said there would be a 27-foot buffer with two rows of trees to be planted for PCC. There will be 105 feet between the back of PCC homes and the first two-story buildings. For Venezia, they removed the garages and they will 6 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\3-20-18.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 20, 2018 add an eight-foot buffer by planting a large hedge. He noted the hedge can grow up to 10 to 15 feet or more. He mentioned the project would accommodate 700 to 800 people; not 1 ,200 like someone commented. He also mentioned that the elevation would be close to the adjoining parcels when grading is finished. He addressed the comment regarding the rental amounts for the low-income units and noted rent would be $500 to $700. He stated the proposed project is the subject of a 29-year-old development agreement (DA). The DA is a contract between the City and the property owner. The property owner for Canterra and the property owner for the proposed project deeded 20 acres to the City of Palm Desert for the soccer park. It was a joint donation, which was done 29 years ago. He noted that the laws of the State of California and the City of Palm Desert both required density bonuses be granted for projects with a 20 percent affordable housing component, which is all they are requesting. He also noted the City's General Plan mentions up to 40 units of density per acre and three-story buildings. He has been responsive to the Canterra and the adjoining single-family subdivisions by eliminating 40 percent of the three-story units. Mr. Newell referred to traffic and noted Portola Avenue is a LOS C, Hovley Lane East in the morning is a LOS B and in the evening is a LOS A. With the proposed traffic signal on Hovley Lane East, the LOS will be A on Hovley Lane East in both the morning and evening. He communicated the LOS traffic study was done independently for the City. Commissioner Greenwood asked Mr. Newell if he would consider changing Building No. 10 to a three-story building and Building No. 11 to a two-story building to create a greater buffer between the communities. MR. NEWELL responded that originally Building No. 10 was a three-story building and had the building changed to two stories. With all the changes, the project changed from 412 units to 396 units 11 ii{I IIIII (lia !�fll�i�llil��'I�I i i i�''.; i iyhi�lh�'g�I11, Commissioner Greenwood said he appreciated the considerations made with Canterra. He asked if Building Nos. 10 and 11 are changed, would there be an adverse effect on the agreement made with Canterra. MR. NEWELL replied that he would not have an issue changing Building No. 10 to a two-story building and Building 11 to a three-story building. However, Mr. Moran may want to comment on the proposed change to the buildings. MR. MORAN stated he would be opposed to the changes proposed by Commissioner Greenwood. Commissioner Greenwood asked Mr. Newell to explain the requirements that are put in place for property management. MR. NEWELL responded that they would use Alliance Property Management ("Alliance"), which is the same property management company that Mr. Moran uses. He said Alliance is a large property management company and very familiar 7 G:\Planning\Monica OReilly\Planning Commission\2018\Minutes\3-20-18.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 20, 2018 with affordable housing increments. Alliance would do background checks (criminal and civil) and verify income. He noted the affordable housing tenants are not exempted from the same process. He also noted that leases will state that garages cannot be used for storage and they have the right to inspect garages under the terms of the lease. Chairman Pradetto said Mr. Newell noted that he does 80 percent market rate and 20 percent low income. He asked what would be the market rate for the proposed development. MR. NEWELL replied that the market rates would be similar to Canterra. He said market rates would probably be in the $1,200 to $1,600-$1 ,700 range. Chairman Pradetto inquired if he would charge an additional amount for garage space. MR. NEWELL replied yes. Chairman Pradetto asked if covered parking would be on a first-come, first-served basis or will there be assigned parking. MR. NEWELL replied that covered parking would be assigned. Chairman Pradetto asked for the depth of the landscape buffers to surrounding communities. MR. NEWELL answered the buffer would be eight feet on the side of Venezia and 27 feet on the si'de�of PCC ul,!i !h Chairman Pradetto 'asked what type of trees would be used as a shrub. MR. NEWELL replied a ficus tree. Chairman Pradetto asked how tall ficus trees grow. MR. NEWELL said he has some ficus trees in his backyard and they are approxim 'taly 12 feet. Chairman Pradetto commented that he looked at the grading plans and it appears the grade would be at the same level as the nearby residents. He inquired if the City inspectors and/or engineers inspect and verify the pad height. Mr. Ceja replied yes. He mentioned that the grading plans indicate buildings being within a foot of the Venezia and PCC communities to the southwest, as well as, 18 inches from the school. He noted the City Council approves a grading plan, and the final grading has to be within a tolerance of six inches (6") of what is approved 8 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\3-20-18.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 20, 2018 on the grading plan. Once the grading plan is approved and finalized, grading is inspected by City inspectors. In regard to the sand, Chairman Pradetto asked if the developer would have to comply with Air Quality Management District (AQMD) dust control standards. Mr. Ceja replied yes. Commissioner DeLuna commented that across the street from the proposed project are the Marriott's Desert Springs Villas ("Villas"). She asked how tall are the Villas buildings and how tall from street level along Hovley Lane East. Mr. Ceja responded that the Villas are two stories and sit approximately eight to nine feet above the street. The height is an excess of 34 feet. Commissioner DeLuna clarified that there would be trees planted between PCC and the proposed project. Mr. Ceja replied yes. He pointed out two Conditions of Approval relating to the landscape buffer. In addition, carport structures are not allowed along Venezia. Chairman Pradetto asked Mr. Ceja if he meant no carport structures along PCC because he sees carports along Venezia. Mr. Ceja responded that the applicant has indicated carports along Venezia. However, City staff has recommended no carports along Venezia. Commissioner Holt asked if staff considered an eight-foot-high masonry wall opposed to a six-foot-high masonry wall along Venezia. Mr. Ceja replied no due to an existing wall. He said the wall may have to be removed to build a higher wall, which could be cost prohibitive. He stated the City's code is strict on wall heights, with six-foot high wall heights being the maximum. Chairman Pradetto asked where in the staff report does it state that staff is recommending not having carports along Venezia. Mr. Ceja responded that the condition is in Planning Commission Resolution No. 2699. Mr. Stendell interjected that the condition is on page 10 of the resolution, Condition No. 11. Commissioner Greenwood clarified that all proper notifications have been adhered to starting from ARC to the Planning Commission. 9 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\3-20-18.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 20, 2018 Mr. Ceja replied that is correct. Commissioner Greenwood commented that it was mentioned at the previous meeting that Desert Sands Unified School District was notified. He understood there was not an issue. Mr. Ceja replied that is correct. Commissioner Greenwood asked if the proposed project is consistent with State laws and AB 2222. Mr. Ceja replied that is correct. Commissioner Del-una inquired if the proposed project is in compliance with the City's Zoning Ordinance and the General Plan. Mr. Ceja replied that is correct, with the exception of the parking requirement. Chairman Pradetto stated a concern was mentioned relating to electricity and water. He asked staff to explain how water is provided for this type of project. Mr. Ceja responded that when the City receives a development proposal, the proposal is transmitted for review by the different utilities, the school district, and other service providers in the area. He noted the Coachella Valley Water District (CVWD), Southern California Gas Company, and Southern California Edison (SCE) responded that there is electricity, gas, and water to supply the proposed project. Chairman Pradetto said if CVWD were to determine that they do not have the water supply to service the proposed project, he asked if it is their determination and they would not issue a letter suggesting they could not adequately service the project. Mr. Ceja stated that the City received a "Will Provide Service" letter from CVWD that commits the district to providing water and sewer to the project. Chairman Pradetto inquired if staff considered a traffic circle. Mr. Ceja replied yes. Staff discussed a traffic circle with the City's Transportation Engineer. However, with the existing geometry of the street, a traffic circle was deemed infeasible. Chairman Pradetto asked Mr. Newell if the project would be affected if Building No. 4 was reduced to two stories. Mr. Newell replied that it would be a reduction of 12 units. 10 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\3-20-18.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 20, 2018 In terms of economics, Chairman Pradetto asked if the reduction of 12 units would make or break the proposed project. Mr. Newell replied no. Vice Chairman Ron Gregory commented he was going to ask the same question. He appreciated Mr. Newell's candor. He mentioned his concern when someone is driving eastbound on Hovley Lane East, and the buildings will loom and impact on the neighborhood. He said the other three-story buildings are tucked within in a way that it tiers upward. Unfortunately, they have a collision of expectations on the part of the neighbors which he could sympathize with. Additionally, the City has the General Plan and there are changes that come about and are unfortunate for people that live in the area. If they could all mitigate and compromise to some degree to minimize the impact, it would be very helpful. With no further testimony offered, Chairman Pradetto declared the public hearing closed. Commissioner DeLuna commented that the proposed project is a complicated and complex issue, with many opposing points of view. She believed on behalf of the developer, the developer has compromised and he does seem to be vested in the community. The developer has responded to requests such as eliminating the beer garden, reducing three of the three-story buildings, compromised with the owner of Canterra, compromised in terms of removing garages, and agreed to landscape buffers. She understood how change could be difficult after seeing nothing but unobstructed sand dunes and mountain views. She noted the project has always been planned at that location and given the density bonus laws the City has to deal with; no one is ever going to be completely happy. However, she felt there were good compromises that were reached. She said the Commission could further discuss reducing Building No. 4 to two stories, but she felt the developer has done a good amicable job of being sensitive and giving back where he could to accommodate the neighborhood. Commissioner Holt believed that the project comes down to aesthetics. She said in reality, the traffic study shows that the project would improve the traffic conditions in the area. She mentioned planning studies that she has read recommend locating schools near high-density residential developments. She could not find any studies in regard to safety issues relevant to high-density residential developments next to schools. She said there would be short-term construction activities, which would all be mitigated. She mentioned she would rather live next to a site that is developed than a site that has sand blowing and pest issues that comes from vacant desert land. She appreciated the setbacks and landscape buffer, which is a lot more than she has seen some other developers give. She noted she missed the last meeting and does not know about items that were negotiated. At the end of the day, she believed the project comes down to building height, aesthetics, and obstruction of viewsheds. She said the one issue with the proposed project was Building No. 4. All the other three-story buildings 11 GAPlanning\Monica OFeilly\Planning Comm ission\2018\Minutes\3-20-18.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 20, 2018 have been internalized on the site so she does not see how those buildings could be an issue. She would not want to take away amenities from the residents that would live in the proposed project. She felt residents should have access to amenities regardless of their income. She made clear that no one on the Planning Commission is on the take and they do not get paid. They all volunteer their time and care about the City and the residents. She said she looked at the grading plan, and she agreed that the pad elevations are going to be similar to the adjacent properties. She also said the City is honest about the grading plan that has been presented to the Commission. Therefore, she does not have an issue with the elevations at the site. She communicated that the United States is going to add 100 million people by 2050 and they need places for people to live. People are going to locate where there are jobs and that means there will be higher-density developments. She stated she does not see any way around that, and from a planning perspective, it makes a lot of sense. She noted that the Villas and the proposed project are going to be the same height with the proposed project being three stories. She also noted she is sensitive to the viewshed issue and three-story buildings are difficult to stomach. ��il��i� �p�. Vice Chairman Gregory noted there is the line of sight drawings in the agenda packet. He said it is a shame that they are having a collision between what was and what the City wants to do and work with the problems that they have, such as an increase in population and people having to drive in from out of town to work. He stated he has been in Palm Desert for over 40 years. He remembered when two-story buildings were being proposed in large quantities, there was a lot of concern and rage about the loss of viewsheds. He requested staff to display the line of sight drawings. For the people that do not understand the line of sight diagrams, Vice Chairman Gregory stated the diagrams could be confusing. He explained that when the taller element is pulled further away from the point that the view is taken from (the back of homes), the three-story building does not really loom over the homes as many residents fear that it would. He believed the removal of the carport structures on the Venezia property line will be helpful. The suggestion of Ficus benjamina, which would grow much taller than 12 feet if not controlled, there is a tradeoff because it is a very dense shrub or tree material planted along the property line. He stated the Planning Commission will be making a recommendation to the City Council, and he felt that the Council would be able to make changes with respect to addressing the General Plan. The Commission could only make a recommendation based on what the Commission is given. He said there could have been workshops with the adjacent communities so the project would not be so frightening; however, that did not happen. Commissioner DeLuna moved for approval and asked Mr. Stendell if the Commission needs to discuss reducing Building No. 4 to two stories or make the recommendation to the City Council. 12 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\3-20-18.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 20, 2018 Chairman Pradetto interjected that he would like the Planning Commission to move forward with the motion and if the Commission wants to recommend changing Building No. 4 to two stories, it should be included in the motion. Commissioner DeLuna moved for approval with Building No. 4 becoming a two- story building and asked if that is how the motion should be structured. Staff replied yes. Chairman Pradetto commented that in terms of notification, he asked staff to put together a memorandum on how the notification of the CEQA document was advertised. He stated it was not advertised on the website and he felt it was a cop- out. He expressed to staff that it is a good public service to have everything on the website as a default. He also felt the Planning Commission has come a long way, with the first meeting being disastrous and could understand why the meeting was disastrous. They have had a few meetings so he is less sympathetic to the notification because the Commission has post phoned the meeting a month from the previous meeting, and there has been a lot of good public input.Therefore, he felt comfortable voting on the project after having heard the residents' input and called for the vote. Commissioner DeLuna moved to waive further reading and adopt Planning Commission Resolution No. 2699, recommending to the City Council approval of Case No. PP/CUP/EA 16-394, subject to conditions; and subject to, Building No. 4 changing from a three-story building to a two-story building. The motion was seconded by Vice Chairman Gregory and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). X. MISCELLANEOUS None XL COMMISSION MEETING UPDATES A. ART IN PUBLIC PLACES Mr. Stendell reported that the Art in Public Places Commission considered the update to the El Raseo art exhibition. B. PARKS & RECREATION None XII. COMMENTS Commissioner DeLuna requested for an update on the progress of the San Pablo Avenue corridor project. 13 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\3-20-18.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 20, 2018 Mr. Stendell responded that at the last City Council meeting, the Council awarded the contract for the final design. Mr. Ceja added that staff anticipates a six-month window to prepare the construction drawings. Construction would begin in the fall or winter of 2018. Commissioner Greenwood asked how far do the plans extend. Do the plans go past San Gorgonio Way? Mr. Ceja replied that the plans are from Highway 111 to the College of Desert north entrance. He noted staff is still coordinating with the Coachella Valley Association of Governments for the CV Link connection. Commissioner DeLuna thanked the two officers with the Sheriff's Department who helped keep the peace. She felt their presence was a very calming influence. Vice Chair Gregory thanked Chairman Pradetto for leading the Planning Commission effectively through the meeting. XIII. ADJOURNMENT With the Planning Commission concurrence, Chairman Pradetto adjourned the meeting at 8:27 p.m. i l '�II►II�! � '�Ij!fllh+��lillllilll I�h� � �IIIII�"' °�''I'''�;Iilllil�l!!!IIIII IIIII!Igl!I 1, II � I j, ��uln�IIII) JOSEPH PRADETTO, CHAIRMAN �U,kll�'I ., IIIIIIiIuIGI��+V�ui��plllll�ll � �IIIIIIII9�,�,1, I ��Vgl�gll, RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O'REILLY, RECORDING SECRETARY 14 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\3-20-18.docx STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: May 1 , 2018 PREPARED BY: Nick Melloni, Assistant Planner REQUEST: Consideration of a Notice of Exemption and Conditional Use Permit to establish a 6,718-square-foot indoor baseball and softball training facility within an existing industrial building located at 73-804 Dinah Shore Drive. Recommendation Waive further reading and adopt Planning Commission Resolution No. 2718, approving Conditional Use Permit (CUP) 18-0001, subject to conditions; and approve the Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Executive Summary Approval of staff's recommendation allows The Hitting Zone to establish a youth-oriented indoor baseball/softball training facility within an existing industrial building at 73-804 Dinah Shore Drive. The facility will contain seven (7) batting cages and provide personal instruction to clients by appointment only. Planning staff has determined the proposed facility complies with the intent and objectives of all applicable zoning requirements and is compatible with surrounding land uses. Background Analysis A. Property Description: The project site is an existing 6,718-square-foot industrial warehouse building located at 73-804 Dinah Shore Drive. The building is at the northwest corner of an existing industrial park approved by the Planning Commission in 2005 under Resolution No. 2343 for a Precise Plan (PP) and Tentative Parcel Map (TPM). The industrial park features eleven (11) buildings totaling 64,707 square feet and provides 195 total parking spaces. B. Zoning and General Plan Designation: Zone: SI — Service Industrial General Plan: Employment May 1, 2018 — Staff Report Case No. CUP 18-0001 Page 2 of 4 C. Adjacent Zoning and Land Use: North: Riverside County— Interstate 10/Union Pacific Railroad South: SI/Industrial Park/Contractor Warehouses East: SI/Industrial Park/Construction Material Wholesale West: SI/Industrial Park/Personal Storage Facility Project Description The Hitting Zone ("Applicant") is requesting a CUP to establish an indoor baseball/softball youth-oriented training facility. The Hitting Zone offers batting cages, coaching, and one- on-one training to customers by appointment only. Each batting cage can be used by a single customer at any given time. The facility will occupy an existing 6,718-square-foot industrial building. The Applicant will place seven (7) batting cages within the open industrial space. A total of three (3) employees will be present during hours of operation. The facility's hours of operation will be 3:00 p.m. to 9:00 p.m., Monday through Thursday. The hours on Friday will be 3:00 p.m. to 8:00 p.m. During weekends the hours will be 12:00 to 6:00 p.m. Interior modifications to the space are the addition of the batting cages, turf, nets, screens, and mats. No modifications are proposed to the building exterior and site as a part of this project. AnaIVsis Table 25.16-1 : "Use Matrix for Commercial and Industrial Districts" of the Palm Desert Municipal Code (PDMC) lists permitted, conditionally permitted, and prohibited land uses for the SI zoning district. Health clubs, gyms, or studio facilities may be approved by the Planning Commission with a CUP in accordance with section 25.72.050 of the PDMC. A. Land Use and Compatibility The proposed use is located in a SI zone and listed as an allowed use with the approval of a CUP. Although the use is not industrial oriented, the nature of The Hitting Zone shall not interfere with parking or the conduct of adjacent businesses. Neighboring businesses include warehousing and office. The proposed facility furthers goals No. 4 and No. 5 of the General Plan by creating a diverse market base to serve the community's diverse needs. B. Site Plan The project is located within an existing building. No exterior alterations are proposed to the project site. May 1, 2018 — Staff Report Case No. CUP 18-0001 Page 3 of 4 C. Parking and Circulation: The existing 6,718-square-foot industrial building has seventeen (17) off-street parking spaces providing a parking ratio of two and one-half (2.5) spaces per 1,000- square-feet. According to Table 25.46-1: Parking Schedule of the PDMC, a Gym — Personal Studio business requires a minimum of four (4) parking spaces per 1 ,000 square feet of business area. The application of this standard requires a minimum of twenty-seven (27) off-street parking spaces creating a deficiency of ten (10) spaces. This parking standard is disproportionately large for the proposed facility due to the low-intensity nature of the use. The Hitting Zone is not anticipated to generate high-peak occupancy or parking demand. The facility provides services by appointment only. In order to use the facility, a customer must reserve a batting cage ahead of time. With seven cages (7), the maximum customers at a single time is limited to seven (7). This method of operation controls demand, reduces peak occupancy and thus limits the variation of parking needs during peak business hours. Planning staff recommends applying a parking standard of two (2) spaces per batting cage. This would create a parking requirement of fourteen (14) off-street spaces with three (3) excess spaces. The batting cages (as a specialized facility) are the primary use of the facility, therefore, the nexus for parking demand. This parking standard is consistent with the requirements for billiard halls and bowling alleys listed in Table 25.46-1: Parking Schedule of the PDMC. Section 25.72.050 of the PDMC allows the Planning Commission flexibility to approve uses through the CUP process. The facility operation will not adversely affect existing circulation. In the event that additional parking in excess of the seventeen (17) spaces provided is required, the applicant must be required to obtain written permission from the adjacent property owner and property association. Environmental Review This project has been reviewed in accordance with the CEQA guidelines. Staff has determined that the project is exempt from environmental review pursuant to Section 15301 , Class 1: Existing Facilities, of the CEQA Guidelines. The proposed project is consistent with the City's General Plan and Zoning Ordinance; the proposed project site is existing; the project site has been previously developed and has no value as habitat for endangered, rare or threatened species; the proposed project will not have any significant effects on the environment; and the site can adequately be served by all required utilities and public services. Therefore, based on the above findings, staff recommends that the Planning Commission adopt a Categorical Exemption for the proposed project. May 1, 2018 — Staff Report Case No. CUP 18-0001 Page 4 of 4 Findings of Approval Findings in support of this project are contained in the Planning Commission Resolution attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER N/AN7 N/A N/A Ryan Stendell Robert W. Director of Janet Moore Lauri Aylaian Hargreaves Community Director of Finance City Manager City Attorney Development APPLICANT: The Hitting Zone 73-804 Dinah Shore Drive Palm Desert, California 92211 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2718 2. Legal Notice 3. Exhibits PLANNING COMMISSION RESOLUTION NO. 2718 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND APPROVING A CONDITIONAL USE PERMIT FOR THE OPERATION 6,718-SQUARE-FOOT INDOOR BASEBALL AND SOFTBALL TRAINING FACILITY WITHIN AN EXISTING INDUSTRIAL BUILDING LOCATED AT 73-804 DINAH SHORE DRIVE CASE NO: CUP 18-0001 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1 st day of May 2018, hold a duly noticed public hearing to consider the request by The Hitting Zone for approval of the above-noted; and WHEREAS, the parcel is located in the Service Industrial (SI) zoning district, which allows "health clubs, gyms, or studios" as permitted uses subject to approval of a Conditional Use Permit (CUP); and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, the Director of Community Development has determined that the project will not have a negative impact on the environment and qualifies as a Class 32 Categorical Exemption for the purposes of CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the approval of said request: FINDINGS OF APPROVAL: 1. That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. The zoning designation for this property is Service Industrial (SI), which allows for the manufacture, distribution, and service of products intended for use within the City and adjacent communities. Although the use is not service industrial in nature, the business will not interfere with parking or the normal conduct of the adjacent businesses. Other youth-oriented facilities have been approved in the SI zone through the CUP process. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. PLANNING COMMISSION RESOLUTION NO. 2718 Based on the facility's operational characteristics and recommended conditions of approval, the proposed facility would not create a public nuisance in terms of parking shortages and will meet all applicable requirements of the building code. Therefore, the use will not be detrimental to general public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The facility is located within an existing building, which complies with the development standards for the Service Industrial zoning designation. The proposed use is consistent with the intent of the Zoning Ordinance since it generally operates outside of the standard business hours for the SI district. A variance reducing the facility's required parking to fourteen (14) spaces is associated with this approval due to the low-intensity nature of the use. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's general plan. The General Plan land use designation for the site is "Employment District." The intent of the employment district is to provide a wide variety of office-intensive activity that could include some manufacturing along with research and development opportunities. Allowed land uses include a wide variety of office and limited commercial activity along with multi-family dwellings organized along walkable streetscapes. Uses would include professional and medical office, and traditional business parks. The business will be compatible with the surrounding land uses. This use supports Goal No. 5 of the General Plan Land Use Element by contributing to the diversity of existing centers in Palm Desert, providing employment opportunities and complimenting the needs of the community. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby approve Conditional Use Permit 18- 0001, subject to conditions attached. 2 PLANNING COMMISSION RESOLUTION NO. 2718 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 1st day of May 2018, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 40 �y JOSEPH PRADETTO, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION i P , "MI Ihi�f if i F 3 PLANNING COMMISSION RESOLUTION NO. 2718 CONDITIONS OF APPROVAL CASE NO. CUP 18-0001 Community Development Department: 1. The operation of the facility shall conform substantially with approved exhibits on file with the Department of Community Development, except as modified by conditions herein. 2. The project site shall be developed and maintained in conformance with the approved plans and exhibits on file with the City. Any variation from the approved plans must be reviewed and approved by the Community Development Department prior to building permit issuance, and may require review and approval by the Planning Commission and/or City Council 3. The Permittee shall agree to defend, indemnify, and hold harmless, the City of Palm Desert or its agents, officers, and employees from any claim, action or proceeding against the City of Palm Desert or its agents, officers or employees, to attack, set aside, void, or annul, any approval of the City of Palm Desert, whether by its City Council, Planning Commission, or other authorized board or officer of the City. The City of Palm Desert shall promptly notify the Permittee of any such claim, action, or proceeding, and the City of Palm Desert shall cooperate fully in the defense. 4. The Permittee or successor in interest shall meet the applicable code requirements of all City Departments. 5. Operation shall not encroach or obstruct parking lot circulation, access driveways, ADA paths of travel or emergency vehicle access. Buildinq and Safety Department: 6. This project shall comply with the latest adopted editions of the following codes: A. 2016 California Building Code and its appendices and standards. B. 2016 California Electrical Code. C. 2016 California Administrative Code. D. 2016 California Fire Code and its appendices and standards. 7. The recycling facility will be required to meet all the applicable provisions for disabled access per 2016 CBC Chapters 11 B. 8. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm Desert Municipal Code, Title 5. 9. All contractors and/or owner-builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 4 I y 01 P 6 1 M 0E5ERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 9 2 260-2 5 78 TEL: 760 346—o6i I info@cityofpalmdesert.org CITY OF PALM DESERT LEGAL NOTICE NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION TO CONSIDER A CONDITIONAL USE PERMIT TO ESTABLISH A 6,718 SQUARE-FOOT INDOOR BASEBALL AND SOFTBALL TRAINING FACILITY WITHIN AN EXISTING INDUSTRIAL BUILDING LOCATED AT 73-804 DINAH SHORE DRIVE. The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has determined that this project is Categorically Exempt from CEQA review in accordance with Section 15301: Class 1 — Existing Facilities of the CEQA Guidelines. Project Location/ Description: Project Location: 73-804 Dinah Shore Drive Project Description: A Conditional Use Permit (CUP) application has been submitted by The Hitting Zone (applicant)to operate a 6,718 square-foot indoor baseball and softball training facility within an existing industrial building. The facility proposes seven (7) indoor batting cages and will provide one-on-one training sessions to customers by appointment only, Recommendation: Staff is recommending approval for the operation of the facility subject to Conditions. Public Hearing: The public hearing will be held before the Planning Commission on May 1, 2018, at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period on this project is from April 20, 2018, to May 1, 2018. Public Review: The Conditional Use Permit and related documents are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Nick Melloni, Assistant Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 nmelloni@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary April 20, 2018 Palm Desert Planning Commission `�AAIAElO OM Af(T(f!4 AIAfA a The Hitting Zone Hours of Operations M-TH, 3pm-9pm Peak Hours 5-8 Friday 3pm-8pm Peak Hours 5-8 Sat-Sun 12pm-6pm, Closed on Sundays July-December Employees 2 Full time, 2 Part time Number of Batting Cages 7 The Hitting Zone is a baseball/softball training facility. We provide one on one instruction to our clients by appointment ONLY! Our clients also have the capability to utilize the facility on their own, reserving their cage time as well. With 17 parking spaces, there is more than enough parking, with 3 employees on the clock and 7 members utilizing the max amount of cages. Even with overlap and all the cages being occupied, we are at the 17 allotted spots. The Hitting Zone provides the Coachella Valley youth with activities outside of school. We've assisted in providing the opportunity for these athletes to achieve millions of dollars in scholarship money. We will continue to mentor, instruct and provide a safe environment for the valleys youth to achieve ones goals. NOTE: IFANYACCESSIBLE COMPONENT IS NOT IN COMPLIANCE PER FIELD VERIFICATION BY THE CITY BUILDING INSPECTOR THEN IT WILL BE REQUIRED TO BE BROUGHT INTO FULL COMPLIANCE WITH CURRENT ACCESSIBILITY STANDARDS. CBC 107.2.5. 1I.GA9RIEl IUJAN 8 ASSOCIATES■ "AL"'OR EQUAL'5,85TITUTION5 W5T BE SUMITTED TO,AND APPROVED BY THE BUILDING OFFICIAL PRIOR TO INSTALLATION OF THE ITEM." PARKING / ASPHALT PAVING `p -4), —Y — S a W 'j z.10 _e l / EXISTING BUILDING .. MUNGER ENGLISH ASPHALTI PA�VIN6 not a art of this project) NW // ( P P 1 ) SPORTS MANAGEMu. Pik 111106 ENTij; a Lu i c / /i% •-. I. ,. a° � ��t,� .day u N 1 %.. Fits; �w`�i _ G � � ,/ V.J•- d : x Lu / L'. _ _u wsnw nae..c...n wFEarvAnoNA�swaoE PARKING �. _ OF ACCESSIBKi r INTERNATIONAL s++.1eoE IN R K 1 N R Q p x AS PARKING of ACCESSIBILiiy ASPHALT PAVING ASPHALT PAVING - y t. PrrALrrAVltrb �.. x Ick K a�"� ''vA ! • % �� 1,10 Q4 +a � • • s S REVISIONS: 8Y x All I t - EXISTING BUILDING EXISTING BUILDING h not a art of this roject (not a part of this project) > E SHEET TITLE: SITE PLAN . r * ask , o anwry C ECN 0 . cu UA ataealmv u N01E1). P41023-2K17 : : : ry o n T w SITE PLAN P nId On 01/18/18 I I � I I I " ! I I I I I I ' i Ln I I I I - rV I U I Y Ai I I I I I I ru U I , I I I i M IZP ru v I I -0• I I I I I I I i I I , I I I I I I I I I I i ! I I I I I I I ra I I I I I I I � I I I I I I I I I I I I I I I I ! I I I I I I I I I I I I I Cage 2 - I I I I II_._I CII -.- 4 �� F I I � Cage 1 g � b•-I0�• , N V I I .�• ie � n T I The Hitting Zone Floor Plan r V. MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Palm Desert Planning Commission FROM: Deborah S. Glickman, Management Analyst DATE: 4/10/18 SUBJECT: Investigation: Potential City of Palm Desert Residential Solar Preference Ordinance Based on public testimony received at the Planning Commission staff has met with Mr. Chan and explored the concept of a Residential Solar Ordinance. At this time staff is not recommending any action at this time, but has provided some background on the subject below: • State Legislation: The State of California is moving towards implementation of net-zero construction standards, which are to be in place by 2020. The construction industry will have options of how to achieve the net-zero target, which would likely include a broad use of solar energy. Staff believes following the State's lead is the most prudent course of action. • Added Costs of Construction: The City of Palm Springs recently endeavored into a Residential Solar Ordinance and was met with a fair amount of resistance from local builders. The local building industry believes mandated solar installations have a significant impact on housing affordability. The DVBA estimated that a solar ordinance could increase the fees taken in on a single family home by a minimum of 50% (`*Source: DVBA Residential Development Fee Study 2017). • Encouraging Solar. When it comes to encouraging the use of the solar energy, the City of Palm Desert has been a leader, helping to pioneer the way for the PACE programs whereby property owners can fund energy improvements through their personal property taxes. • The Built Environment Staff believes that there are strategies that create positive improvements to the City's built environment, which has parallels to Mr. Chans outcomes of being better stewards of our planet. Perhaps the most significant example of this is our new General Plan, which prioritizes the creation of more walkable and bikeable neighborhoods that include affordable housing located close to jobs. The idea is to minimize the need for long commutes and encourage alternative modes of transportation, thereby reducing harmful emissions. We already have specific projects in the works (San Pablo Avenue improvements, etc.) designed to help accomplish this. If you have any questions, please feel free to contact me at 760-837-2664 or dglickman@cityofpalmdesert.org. Deborah S. Glickman, Management Analyst