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HomeMy WebLinkAbout0806 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - AUGUST 6, 2002 ►w = 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE I. CALL TO ORDER Chairperson Finerty called the meeting to order at 7:02 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Campbell led in the pledge of allegiance. III. ROLL CALL Members Present: Cindy Finerty, Chairperson Sonia Campbell, Vice Chairperson Jim Lopez Dave Tschopp Members Absent: Sabby Jonathan Staff Present: Phil Drell, Director of Community Development Bob Hargreaves, City Attorney Steve Smith, Planning Manager Francisco Urbina, Associate Planner Mark Diercks, Transportation Engineer Tonya Monroe, Administrative Secretary IV. APPROVAL OF MINUTES: None. V. SUMMARY OF COUNCIL ACTION None. VI. ORAL COMMUNICATIONS ;�, None. MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6. 2002 g VII. CONSENT CALENDAR A. Case No. PMW 02-09 - RICHARD AND RITA PALMER / MELVIN AND SHERYL SHERMAN, Applicants Request for approval of a lot line adjustment to move a lot line between two properties 73-433 and 73-441 Mariposa Drive. Action: It was moved by Commissioner Campbell, seconded by Commissioner Lopez, approving the Consent Calendar by minute motion. Motion carried 4-0. Vlll. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he, she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. ..� Chairperson Finerty noted that two of the public hearing items had requests for a continuance. Those items were brought forward on the agenda for action. B. Case No. PP 89-13 Amendment No. 1 - 0. MICHAEL HOMME, Applicant Request to remove a condition that requires the applicant to provide a minimum 42-inch wide opening in the east wall to allow pedestrian access from the residential area to Monterey Avenue. Said property is located on the east side of Monterey Avenue, north side of San Nicholas Avenue, also known as 44-250 Monterey Avenue. A written request from the applicant was received which requested a continuance. t 2 � MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6 2002 ar Chairperson Finerty asked if there was a staff report. Mr. Drell indicated it would be given when the applicant could be present. Chairperson Finerty opened the public hearing and asked if anyone wished to speak regarding this proposal. MR. PATRICK ROBERTSON, 73-080 San Nicholas, stated that he was present to comment on the proposed amendment to the 42- inch opening in the wall. He informed commission that the opening provides walking access to the community businesses. If the opening was closed, it would increase vehicular traffic in the area. At Christmas time it would also add congestion to the parking at the mall. He said he has only lived there a year, but last Christmas he walked to the mall to do his shopping. When the weather was a little more temperate, he liked to take walks that way and use the businesses in the shopping center and the ones around it. He indicated that the access is used by people who walk to work. He thought if it was closed it would deny people the ability to access their employment. By closing the wall, it would not resolve any security issues. This would only be a quick fix to a much larger problem. He recommended that the plants and bushes be removed from the opening. Currently there was an oleander bush to one side and a gate. He also recommended security lighting and maybe paving the walkway to make it more accessible and more aesthetic. Instead of closing the opening, he thought it should be made an easier access with better lighting to provide better security. He thanked the commission for their time. Chairperson Finerty noted that Mr. Homme was trying to get together with adjoining property owners to discuss this. Mr. Robertson explained that he was present because he received the legal notice. Chairperson Finerty suggested that he might try to get in touch with the applicant. 3 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 .i Mr. Robertson said that right now he works for the State of California and is commuting to Los Angeles. Chairperson Finerty thanked him for his comments. Chairperson Finerty left the public hearing open and asked for a motion of continuance. Action: It was moved by Commissioner Lopez, seconded by Commissioner Campbell, by minute motion continuing Case No. PP 89-13 Amendment #1 to September 3, 2002. Motion carried 4-0. E. Case Nos. GPA 02-02, C/Z 02-02 and PP 02-06 - NBNA UNIQUE PROPERTIES, LLC, Applicant Request for approval of a general plan amendment and change of zone from low density residential (PR-5) planned residential five dwelling units per acre to office professional (O.P.), a precise plan of design allowing up to 33,310 square feet of office professional use and Negative Declaration of Environmental Impact as it pertains thereto for 3.90 acres at the northwest corner of Portola Avenue and Frank Sinatra Drive. Chairperson Finerty asked if the staff report would be deferred. Mr. Drell concurred. Chairperson Finerty opened the public hearing and if anyone wished to speak regarding this item. There was no one. The public hearing was left open and Chairperson Finerty asked for a motion to continue this item to the next meeting. Action: It was moved by Commissioner Campbell, seconded by Commissioner Tschopp, by minute motion continuing Case Nos. GPA 02-02, C/Z 02-02 and PP 02-06 to August 20, 2002. Motion carried 4-0. 4 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6. 2002 A. Case No. CUP 02-04 - DELTA GROUPS ENGINEERING for AT&T WIRELESS, Applicant Request for approval of an exception to the separation requirements and a conditional use permit to allow the installation of a 77-foot high (88 feet to top of palm fronds) wireless telecommunication tower on property located at 74-876 42nd Avenue, StorAmerica Self Storage. Mr. Steve Smith explained that the request was for a wireless communication tower. The self-storage facility on 42nd Avenue was a 7.4-acre site. On the northwesterly corner of the site, there is an existing non-stealth tower that was approved in 1996. He thought it was the first one approved by the Planning Commission. He informed the commission that the applicant wished to locate a second tower on the site. The applicant initially had the tower placed at the northeast corner adjacent to Cook Street. Through the architectural review process, the applicant relocated the proposed tower to the southwest corner of the site. Architectural Review Commission (ARC) rw wanted to get the tower away from the streetscape on Cook Street. They felt the tradeoff between the required increase in height was acceptable in order to move it away from Cook Street. Mr. Smith explained that the site grade falls considerably from north to south and the applicant needed the antennas mounted at the 77-foot height. Communication towers are permitted in the S.I. zone subject to issuance of a conditional use permit. Mr. Smith stated that the project included an equipment shelter with a maximum height of ten feet four inches 0 0'4") to be located inside the wall area just north of the wall on 42nd Avenue as shown on the plans the commission received. In order to screen the equipment shelter, the wall along 42nd would be increased in height from its current six feet to approximately ten feet. ARC at its meeting of July 23, 2002 granted preliminary approval subject to the applicant being required to add additional real palms in the area around the artificial palm to the satisfaction of the City's Landscape Manager. They were talking about quantity, height and type of palms to the Landscape Manager's satisfaction. ino 5 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 Mr. Smith explained that code provides for exceptions to the separation between non-stealth towers. In this instance there was one stealth- designed tower and one existing non-stealth tower. Staff felt the findings for the exception could be made. They were outlined on page four of the staff report. They had to deal with the change of grade on the site in order to remain equal. Staff felt the combination of the slope on the property and the approved aesthetics by using the stealth design warranted the exception to the separation requirement. Mr. Smith pointed out that the existing tower is approximately 600 feet from the proposed tower. Staff felt the tower was acceptable. Staff had been concerned about the location of the equipment shelter. ARC concluded that it would be adequately screened and designed to blend into the surroundings. Staff was prepared to go along with ARC's recommendation. For purposes of CEQA, Mr. Smith explained that the proposed project was a Class 3 Categorical Exemption. Staff recommended approval subject to the conditions and asked for any questions. Commissioner Lopez asked if there was any indication as to how many trees would be added to the area. Mr. Smith said they hadn't discussed that yet, but it would be three or four. Regarding the equipment that would be located inside the wall, Commissioner Lopez noted that right now there were dumpsters and garbage there. Mr. Smith pointed out that there was also a boat. Commissioner Lopez asked if there were plans to relocate the dumpster and where they would be relocated. Mr. Smith said there wasn't a plan, but the lease area that is part of the current application includes that area, so it would be relocated. Commissioner Campbell asked for the height of the existing non-stealth tower. Mr. Smith said it's 60 feet. Commission Campbell noted that there is a palm tree next to it that is about the same height. She indicated that the stealth tower would be higher and pointed out that they would need high palm trees. Mr. Smith said that was correct. Commissioner Campbell asked how high the iron fence would be on top of the wall. She asked if it would be two or three feet. Mr. Smith indicated that the iron fence appeared to be 24 to 30 inches. 6 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6. 2002 Chairperson Finerty opened the public hearing and asked the applicant to address the commission. MR. TODD SMITH, 2362 Megaw Avenue in Irvine, addressed the commission. He thanked Steve Smith and Tony Bagato of staff for their assistance through the process in reaching what he believed was an effective compromise on the project and bringing forward a project he believed complies with important elements of the code and was one they had gone to great lengths to bring about with the lowest possible impact while achieving the important elements of the technical needs of the site in order to operate effectively. As questioned by Commissioner Campbell regarding the height of the existing tower, Mr. Smith noted that the existing tower was examined for possible co-location. They ran into a problem of locating beneath the existing antenna and that was a singular tower operating at a certain frequency range which mandated a certain separation distance from the bottom of those antennae to the top of their antenna, usually between six and ten feet to not `... interfere with the signal. That put them in a low position on the tower which prevented proper propagating of the signal. Then they investigated extending that tower and going above them and that was frowned upon by the Planning Department staff even though the code allows for 85 feet. The second step was looking at the northeast corner of the property. When examining sites, they work with several disciplines which all have important elements and needs. First and foremost being a wireless antenna tower, they had to transmit and receive the signal. That was their primary importance. They tried to balance that objective with reasonable land use compliance, low impact to the community and what could be feasibly constructed that will work in terms of building the site. In this case the radio frequency engineers strongly suggested that they locate at the northeast corner. It was a 600-foot property line, so it was a large industrial site surrounded by industrial uses. He indicated there was a substantial slope from north to south on the property. The radio frequency engineers looked at that and said they would be in worse shape. So they needed the higher elevation on the property in order to transmit the signal. They could do that and %no 7 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 a meet the height limits and stealthing requirements. So they submitted that request. Then they were directed to go back. They went back and that's when he moved forward with the request for the exception on the height. They surveyed the property and found that there is a 17-foot grade sloping from north to south, which was substantial topographic impact on their ability to transmit the signal. They had that dilemma on how to get effective height. They requested the exception. He thought it was quite reasonable because in above mean sea level elevation, there was an existing tower sitting 17 feet higher and sitting about 61 feet to top of the antenna. If they drop 17 feet land their antenna was 77 feet), but in terms of above mean sea level, it was completely in line elevation-wise with the existing tower on the northwest corner of the property. What they had done was effectively create the same elevation line and that was their intent. They thought that was quite reasonable under the circumstances with the topography of the site. He said they weren't going above it or lower, so it made them happy and made staff happy. He thought it was an effective solution for this case. Using the propagation studies which were distributed to commission with their staff reports, he pointed out the difference with the signal propagation with 65 feet at the current location. He also pointed out the difference this tower would make for signal coverage. He noted that there was a golf course and hotels on the north side of Country Club that have a high demand on the cellular use and that was a big issue when they are trying to transmit the signal. He thought it was important to cover the areas they otherwise wouldn't be able to at a lower height. He said he hoped he had sufficiently demonstrated the need for the height exception and the location. He said they were doing their best to comply with the other elements of the code with the stealthing. They were agreeable to planting live palm trees. He did ask for some clarification in terms of the number of palm trees on the site so that there wasn't any ambiguity or confusion once they left the meeting. He said sometimes trees were difficult in terms of space, construction, transplantation, cost, etc. He understood 8 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6. 2002 the need to blend and was willing to do that, but he would prefer they define a number that would be reasonable. As for existing things on the site like a boat, he guessed that probably belonged to an onsite tenant that has rested it there. The landlord had been very understanding and amicable toward their needs and he was sure that would be cleared. He believed there was sufficient space for the trash bin to remain there in the corner. If that was a problem, they could work something out. He said they were trying very hard to meet all the demands of all the people involved and were certainly trying to be courteous to the residents. From his perspective the best way to help the residents was to provide adequate cellular coverage. He noted that right now cellular telephones were the number one communication devices used in auto accidents and most emergencies. It was a great aid in bringing help and safety to the community as well as helping out in a person's daily life. He asked for any questions. Chairperson Finerty asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed project. There was no one and the public �.. hearing was closed. Chairperson Finerty asked for comments, especially with regard to the number of trees and tower height. Commissioner Campbell said she didn't have a problem with the palm trees or the tower being there. There was also an existing tall palm tree on that corner and she wanted to have the same height of palm trees installed in with the artificial one and at least three of four of the live palms. As far as the equipment shelter was concerned, she thought it was nicely camouflaged and was an artistic touch for that corner. She didn't have any objection to the location. Mr. Drell recommended up to four live palm trees depending on the available room and what the Landscape Manager determined was necessary. But he would recommend a limit of four. He explained that typically they were planted at varying heights. Commissioner Campbell clarified that she didn't want a tree that was only 20 feet tall with a tower that is 85 feet. Mr. Drell thought they would range between 30 and 50 feet. They didn't want them at the same height as the tower because they interfere with the propagation and they wanted some room rr 9 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6. 2002 for them to grow before they get to the point they interfere with the tower. Commissioner Lopez asked who dictated the number of trees. Mr. Drell explained that it was the Landscape Manager who looks at the site. He figures how much physical room there is, but our goal is usually three or four. Enough to make it sufficient that the eye is drawn to the natural ones. Commissioner Lopez stated that he thought the location was fine, the use was fine, the height relatively speaking wouldn't be an imposing figure on that corner with the elevation drop. He wasn't sure the applicant was comfortable with the number of trees, but he was fine with up to four. Mr. Drell said they could require four trees. (The applicant spoke from the audience and agreed with four trees.) Mr. Drell said that if it turned out that it is impractical, the Landscape Manager could reduce the number to three, but they usually try to get as many as space will permit. Commissioner Lopez thought two or three additional palm trees would be a welcome addition to that area. He was in favor. Commissioner Tschopp agreed that this was a better location than Cook Street. He thought this tower would be better than a non-stealth tower and the addition of the equipment shelter would help clean up the area. As far as the number of palms, he agreed with up to four and deferring it to the Landscape Manager to make sure it works. Chairperson Finerty concurred. She appreciated having the tower being located in the service industrial zone. She asked for a motion. Action: It was moved by Commissioner Lopez, seconded by Commissioner Campbell, approving the findings as presented by staff. Motion carried 4- 0. It was moved by Commissioner Lopez, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 2142, approving Case No. CUP 02-04, subject to conditions. Motion carried 4-0. 10 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 tow C. Case No. PP 02-12 - THE BRALY TRUST, Applicant Request for approval of a precise plan to construct a 6,220 square foot multi-tenant office building located on the west side of Village Court, 900 feet north of Highway 111 at 44- 751 Village Court. Mr. Francisco Urbina addressed the commission. He explained that the project site as well as the parcels to the north and south were vacant. To the east was a one-story multi tenant medical office building and to the west the Embassy Suites hotel tennis courts. He described the architecture of the proposed project as contemporary Mediterranean similar to other office buildings along Village Court. He stated that the building complies with the applicable office professional zone development standards. The walls would be stucco. They would use clay tile on the roof and other portions of the roof would be flat with parapet walls. Access to the site would be via two shared driveways off of Village Court. Staff was conditioning that there be recorded easements for this purpose. He stated that there were 30 parking spaces provided on the project site. The Zoning Ordinance required a minimum of 25. At the northerly end of the project site six of the parking spaces would be underneath a flat-roof carport. Exterior building colors include cream, medium beige and a light brown. Staff recommended that Planning Commission adopt the Planning Commission Resolution included with the staff report approving Precise Plan 02-12, subject to the conditions. Chairperson Finerty opened the public hearing and asked the applicant to address the commission. MR. LARRY LYLE, 40-520 Posada Court in Palm Desert, informed commission that he was present on behalf of Robert Ricciardi, the architect, who was unable to attend. Mr. Lyle stated that his firm has been involved in the sales of the parcels for the principle property owners in the project. He felt the plan was consistent with the other buildings in the development and he requested the commission's approval. tow 11 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 Chairperson Finerty asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed project. There was no one and the public hearing was closed. Chairperson Finerty asked for commission comments. Action: It was moved by Commissioner Campbell, seconded by Commissioner Tschopp, approving the findings as presented by staff. Motion carried 4- 0. It was moved by Commissioner Campbell, seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2143, approving PP 02-1 2, subject to conditions. Motion carried 4-0. D. Case No. CUP 02-18 - PAMELA BROSKA, M.D., Applicant Request for approval of a conditional use permit to allow an 8,611 square foot office building to be used as a medical office building at 72-650 Fred Waring Drive. (Note: The address was changed to 72-670 Fred Waring Drive for Building No. 3 during the public hearing.) Mr. Smith explained that the office project at 72-650 Fred Waring Drive was on the north side of Fred Waring opposite Trader Joe's. In December of 2000 the City Council approved the three-building complex with a total of 64,521 square feet of office use. The property was vacant. Mr. Smith informed commission that the property owner indicated that Phase One of the project would include the entire parking lot and two of the three offices, one of which would be the medical office which was the easterly most fronting building. The original project included the two smaller office buildings adjacent to Fred Waring Drive and the one larger building toward the rear of the site. The project also included the applicant redeveloping the parking lot at the church immediately to the east. That provided a significant portion of the project's parking. That was still a proposal that was going to happen as part of the development of the entire parking. The proposed building before the commission tonight was for the medical office use at 8,611 12 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 square feet. The applicant was proposing to occupy the upper floor (some 4,000 square feet) for her dermatology practice. The lower level would be used by other medical offices. Over time Dr. Broska anticipated expansion of her practice into the remainder of the building. Mr. Smith indicated the project would provide a total of 278 parking spaces. On the basic office use it has a parking requirement for 258 spaces so there was a 20-space surplus. The change to medical office use required two additional spaces per 1 ,000 square feet, so that created an additional need for 17 spaces. They have the existing surplus of 20, so there wasn't a problem. He also noted that a dermatology practice typically falls at the lower end of traffic and parking generation of typical medical office uses. It also represented a fairly small portion, some 13.3% of the total complex. Staff felt it would be able to blend in with the rest of the uses. For purposes of CEQA, the project was a Class 3 Categorical Exemption. Staff recommended approval, subject to the conditions. Commissioner Tschopp asked for clarification regarding the status of the to" parking agreement. Mr. Smith deferred the question to the applicant as to whether or not the documents have been signed. Before they go forward, they had provide an executed agreement with the church to the east providing for the shared parking arrangement. Commissioner Tschopp asked if the 278 total spaces outlined in the staff report were contingent upon the agreement with the church. Mr. Smith concurred. He indicated 40% to 45% of the project's parking would be on the church site. Chairperson Finerty opened the public hearing and asked the applicant to address the commission. MR. KEN KATZ, 77-587 Ashbury Court in Palm Desert, addressed the commission. He stated that he is one of two developers. His partner, Mr. William Broz of Long Beach, was also present. Mr. Katz explained that Dr. Pamela Broska and her husband Dr. Giuseppe Catelano left on Saturday for their annual trek to Italy for the month of August. He was at the meeting on their behalf. fto 13 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 Mr. Katz explained that the agreement for parking was currently in the church's hands and they were waiting for it to come back for signature. He indicated that they were required to put in a right-hand turn lane and the drawing had been done and approved and the church had signed off on that. Mr. Katz thought that Dr. Broska provided the commission with a letter indicating how many employees she has. If that was the case, he knew she would increase her staff from six to probably eight people, but even with those numbers, it still fell within the range of office use. He didn't think they needed more than four spaces per 1,000 square feet, especially during their surgery days. But they would comply with the six-space requirement. He said they were also looking at a few things that would probably bring the spaces up to 284 spaces without any major changes. Only some minor things. That would leave them with nine extra spaces after they applied the new 17 to this one. He said it was also their intention to bring in valet parking for the back building which would significantly reduce any clogging at any point in the parking lot. Commissioner Campbell asked what would happen if the church didn't sign the parking agreement. Mr. Katz said they would have to go back to the drawing board. He stated that it is their intention to sign it. They were desperate to upgrade their property and they were looking forward to this. He expected them to sign it and if they didn't, it would change the requirements dramatically. He said if there was no church property, it would be a much smaller development. Everything was subject to that parking. They would have to come back with a totally different plan if that parking agreement wasn't in place. It was drafted and was in the church's hands. Commissioner Campbell noted that the Pastor who was present at the original hearing was very much in favor at that time so he probably wouldn't have a problem. 14 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6. 2002 Commissioner Tschopp asked if the parking agreement was pretty much free of restrictions. Mr. Katz said it was a reciprocal agreement that would give them the use during working days and hours and the church the use on weekends, evenings and Sundays to cross over and use what parking was available. Commissioner Tschopp asked if the parking would be available to the businesses any time the buildings were open. Mr. Katz said yes, during normal working hours. Commissioner Lopez said he would like to have that agreement or the completion of that agreement in the conditions. Mr. Katz said it was part of the conditions. Mr. Drell clarified that they couldn't build the project without that condition being fulfilled. They would need that agreement before they issue building permits. Chairperson Finerty noted that it would normally be in the conditions of approval. Mr. Drell explained that it was an existing condition on the precise plan and was covered in Condition No. 4 of the draft resolution. Mr. Katz stated that there is a draft of the agreement that was submitted originally, so it was part of the project. It was just that the final document which needed to be signed and recorded was in process. Commissioner Lopez said that as long as it was a condition on the precise plan that was fine with him. Chairperson Finerty asked if anyone wished to speak in FAVOR or OPPOSITION to the project. There was no one and the public hearing was closed. Chairperson Finerty asked for commission comments. Commissioner Campbell stated that this was an excellent project and she had been in favor since its inception. With regard to medical use, there W 15 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 would be adequate parking available. She wanted to make sure that the applicant agreed with Condition No. 4 that only Building No. 3 would be used for medical use. Mr. Smith concurred that only Building No. 3 was being considered and approved. Mr. Katz informed commission and staff that the three buildings had been given addresses. The address for the first building was 72-630, the large building in the back was 72-650, and the easterly building was 72-670. He said the resolution should be changed to reflect 72-670. Commissioner Campbell stated that she was in favor of the project. Commissioner Tschopp thought it would work out very well with the shared parking. Commissioner Lopez concurred and moved for approval with the change to the address. Action: It was moved by Commissioner Lopez, seconded by Commissioner Campbell, approving the findings as presented by staff. Motion carried 4- 0. It was moved by Commissioner Lopez, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 2144, approving CUP 02-18, subject to conditions. Motion carried 4-0. F. Case No. ZOA 02-03 - CITY OF PALM DESERT, Applicant Request for approval to amend Chapter 25.16 of the Zoning Ordinance (R-1 Single Family Residential District) to change the setback for front-entry garages from 20 feet from garage door to property line to 26 feet from garage door to curb face. Mr. Urbina informed commission that the proposed Zoning Ordinance amendment was a result of a variance application the commission considered last month for Mr. Raymond Moser. He explained that the 16 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 '` current zoning ordinance allows for carports to be constructed with a 20- foot setback from face of curb in order to encourage the rehabilitation of older units in the city. The proposed zoning ordinance amendment would complement that existing language by adding to Section 25.16.090, "To encourage the rehabilitation of older units and the provision of offstreet parking within garages on lots with existing homes that are legally nonconforming because they do not provide a minimum of two covered offstreet parking spaces. The required minimum front setback to a garage door shall be 26 feet measured from street curb face." In the case of Mr. Raymond Moser, his home was constructed in 1951 with a one-car garage. So it was clear that a house would have to be nonconforming with respect to covered offstreet parking standards. The 26 feet would allow in those areas with no sidewalks the construction of a future six-foot wide sidewalk while still allowing for a 20-foot deep driveway. So a car parked in front of the garage would not block the future sidewalk or the existing sidewalk. Staff recommended that the Planning Commission recommend to the City Council approval of Zoning Ordinance Amendment 02-03. Chairperson Finerty opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. There was no one and the public hearing was closed. Chairperson Finerty asked for commission comments. Action: It was moved by Commissioner Campbell, seconded by Commissioner Tschopp, approving the findings as presented by staff. Motion carried 4- 0. It was moved by Commissioner Campbell, seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2145, recommending to City Council approval of ZOA 02-03. Motion carried 4- 0. `ar 17 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 IX. MISCELLANEOUS A. Case No. CUP 02-12 - PATRICK LAUTERIO, Applicant Per Planning Commission direction, presentation of a resolution of denial for a conditional use permit request to operate a 1 ,200 square foot Internet Stop providing 21 computer terminals and classes at 74-390 Highway 1 1 1 , Suite B. Chairperson Finerty noted that the applicant withdrew his request. Action: None. B. Presentation of "The Crest" Project. Mr. Ted Lennon, 74-426 Desert Tenaja in Indian Wells, addressed the commission. He thanked them for the opportunity to review their project in advance of a formal submission. He indicated the status of the project is that they have submitted their Environmental Impact Report and its 45-day period would expire on August 23. He said they intend to have their responses and be before the commission at their first meeting in September. His intention today was to bring the commission up to date on their current plan prior to the public hearing to see if they had any suggestions or requests for any further studies. He stated that he appreciated the opportunity to address them. He distributed an information packet. Mr. Lennon showed the commission the existing site plan and the location. He indicated that they were undecided on the project name and were working on a logo which would include a golden eagle which he had seen in the area. Right now the choice was between two names, "The Crest" and "Cahuilla." Their mission statement had some wonderful things including the history of the Cahuilla Indian tribes up there that they would like to incorporate 18 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6. 2002 6W into the project. He was working on gaining the option to use the name. He would not do it if the Agua Caliente Tribe didn't want them to, so he was working with them and wanted to show the commission the direction they were taking with the project. He explained that the major section of land has been owned by the Miller family for 30, 40 or 50 years. The lower portion, 60 to 70 acres of land, had been acquired by the Miller family. Mr. Lennon said he had a long-term option to get the development started and off the ground. In addition to the piece of property below, they had acquired a small nine-acre piece that sometime ago the commission approved for development and added that into the property. So there had been a series of people trying to develop the property with a combination of golf and housing. Basically the City and the local community's opposition to the project included the visualization of structures in the mountains, environmentally having lights, parking, cars and all the additional roadways to the top of that hill, and getting near the critical habitat of the bighorn sheep. .. He noted that he has kept an eye on this property. At one time they were going to sell the land to some of the environmental entities and the City was even involved, but they were about $12 million apart in price and that wasn't going to happen. Someone else came in and was going to buy the property and do another development, so he took a hard look and decided that he could develop the project both very environmentally, visually very sound, and literally have it disappear into the hillside and provide a great project. He indicated that he would like to walk the commission through the concept. Mr. Lennon stated that the intent was to create an 18-hole golf course at the top of the mountain that would literally be very natural and work with the rugged terrain. He said there were 640 acres of land at the top. Their intent was to spread 18 holes over about 200 acres of land and incorporate about 100 acres total of turf on the 640 acres. On the 73-acre site below, they submitted their application and the site plan on display showed about 58 residential units. He said their current plan showed about 43 residential units. Anything else they did would probably be less. 19 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 The intent was to have an 18-hole golf course at the top of this cavity of mountain that literally could not be seen from the valley floor or Highway 74. When they are up there, they can see all the way across the valley to part of The Reserve and some of the other projects, but for the most part it was hidden in this cavity of land. So the golfers could have the experience of seeing no residences or street lights. Their clubhouse was intended to be at the bottom of the hill as well. He said it should be a spectacular experience. He noted that they have hired Tom Doke, an architect, who has four golf courses in the top 100 and he had one already in the top 100 in the world and was only 40 years old. This was a site that was very difficult to build a golf course in. It took someone out there on foot walking, designing and thinking and his whole team spent a lot of time working with them. Mr. Lennon stated that as they developed the golf course design, on three different occasions they had Fish & Game and Fish & Wildlife up there with them. They also had the Bighorn Sheep Institute up there with them. On this particular plan, the fifth, sixth, seventh and eighth hole had to be modified because of Bighorn Sheep Institute requests and had done that with their new plan, so they had been working regularly with them for their thoughts, advice and input. This Friday he would be meeting with City staff, BLM, Fish & Game and Fish & Wildlife to secure foot trails, foot traffic and whatever the City wanted. Moving down the hill, there were some fascinating canyons, crevices and rocks. On Highway 74 they have a triangular piece of property between the Sommerset Condominiums and St. Margaret's Church. St. Margaret's has some additional raw land there. They made a proposal to the church that they would turn their land into a desert park to fit in with the school and that would tie in with his project's landscaping. He said if any of the commissioners had seen their Reserve entry project that was their intent for the whole entry at Highway 74. It would be a wonderful desert landscape with some rock walls and buttresses. There would be a bridge across the channel and they had been working with the Water District on that and with Caltrans on the entry. 20 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6 2002 v.. At the entry a visitor would see a wonderful desert park in the front, drive across a rock bridge and then they would drop into a little canyon with rock sides and arroyo. Basically this would be a golf club and roughly 42 people would become residents of this project, so mostly they were selling golf memberships. They believed that half of the golf memberships would be sold to existing residents in the valley, so it was a project that brings in jobs, prosperity and very few new bodies. He thought most of them would come from the Vintage, Bighorn, El Dorado and The Reserve. The driving range would be at the top of the hill. They would bury bunkers into the sides so that some of the heavy equipment could be left up there. Coming down the hill there would be a starter booth, some hidden bathrooms built into the mountain sides, and an open air shade pavilion for people to get out of the sun before and after golfing. The intent was perhaps a covered wagon, maybe a European military vehicle they would convert into a food and beverage operation that would have the best, coldest drinks in town and maybe the biggest cheeseburgers. He said they have some wonderful opportunities to do some exciting things and was looking forward to that. Moving back down the hill, a golfer would come in, there would be a card gated entry and a transponder would get them in, then there would be a guard gate with a guard on duty and they would come up the road, not see any residential and then pull into the cul-de-sac of the clubhouse area. They would enter the clubhouse, change their shoes, be given a golf cart, probably go in a tunnel under the road and follow a cart path up the canyon all the way up the top of the hill to play golf. The intent was for electric cars and no major vehicles going up and down the road. Just quiet electric cars going up to the top. Mr. Lennon showed the commission a picture of the clubhouse. He explained that there was a sunken area to hide the parking. At the arrival court there would be a wonderful clubhouse, a fitness center and locker rooms. But it was a small clubhouse. The intent was for a 14,000-15,000 foot clubhouse and maybe keep 30 of r.. 21 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 the golf carts underground. Just as many as they needed. The rest would be kept at the maintenance area. They then created a saddle to hide this. There were wonderful putting greens, wonderful outdoor waterscape spaces and fire pits. A golfer would go up, have the golfing experience, come down and literally would not be involved in the residential experience and that was unheard of in the valley, so that would be very very special. The intent of the village was everything would just disappear into the canyon and they created a water oasis with literally 90% indigenous plants to the desert using the Washingtonia Filifera, the Oasis palm tree and earthen colors. He showed a plan and said that right now they were at 43 units. The residents would come in through the same guard gate. They put in extra parking in the clubhouse because a number of units were limited to a one-car garage and a golf cart because they wanted to encourage electric car use. The smaller units would be about 1 ,600 square feet and the largest unit was 3,000 square feet. The average was about 1 ,700 square feet. They were hidden up in the rocks and ridges, there were units in the valley, and then go into a canyon. Mr. Lennon indicated that the Coachella Valley water channel ran all along the project. They would berm up or wall up against that. Right now it was kind of an eyesore, but should become a really wonderful experience. The effect would be similar to The Reserve project. They always liked flexibility and didn't intend to get more dense, but the project had been designed for 42 to 50 units. They wanted the ability to go to a lower density if they wanted. He hoped to accomplish that with the development agreement with the City. Some lots could be combined and they wanted to be able to work with that in the development agreement to make the project successful and make the adjustments they need. They wanted the ability to make those changes later on. The landscaping would all be desert landscaping. The amount of open space in this project goes to the extreme. Not only would they be dedicating 350 acres on the top of the property, they would probably be dedicating another 20 to 30 acres down below. 22 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 •• In addition, they were negotiating on some mitigation land that Fish & Wildlife and Fish & Game requested them to acquire, probably in the neighborhood of 200 acres of additional land to be set aside preferably in these same mountains for the bighorn sheep habitat. Historically he tried to create annuities for the critical and environmental agencies in the valley. One of the hardest things for agencies like the Living Desert to do, and for the Bighorn Institute to do, was make payroll. People like their names on sheep pens, lion cages, yards and buildings, but they didn't necessarily like to pay FICA taxes and payroll costs and maintenance. So they were intending through the Environmental Impact Report and their committed mitigations to commit this project to some long-term annuities. It wasn't totally resolved yet, but was special. He was talking in the neighborhood of $50,000. He said he happened to be the President of the Friends of Desert Mountains and that was their constant problem - funding their staff. They already set aside 81000 acres in the last two or three years with a minimal staff. To keep the staff going, they have a clockwork program going to two acquire open space land and if he could set aside $50,000 a year out of a club like this from wealthy people out of their dues and so forth, it was a real opportunity. They did that at The Reserve and they actually have transfer fees on the sale of the club memberships, transfer fees on their real estate sales and those go into environmental funds, funds for University of Cal. Ecological Preserve and The Living Desert. So they take a positive stance approach to the program. He noted that there is a project in Sardinia called Costa Esmeralda. It is one of the most famous resorts in the world and it was one of those rare places that seem to attract all the wealthiest people in the world who could afford the best architects in the world and they created wonderful earthen structures of many different architectural varieties, but they all fit in. Mr. Lennon said they were incorporating that style into the clubhouse, entry gate and all of the residential architectures. He showed pictures and said the low profile roofs would maybe be tumbled concrete tiles. There was some wood latilla and canvas treatment. Some of the `r. 23 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 building had also been built into the hillsides. That was the direction they were taking. Mr. Lennon referred to some renderings in the back of the book he distributed as well as the drawings on display. He stated that the Willow Inn in Palm Springs which has a 15-foot waterfall and dining outside. As people enter the clubhouse, there would be a similar treatment outside. He said there would be wonderful outdoor spaces. He pointed out a spiral chimney cap that would be common on the entry guard gate. He indicated that some of the architecture appeared to be contemporary, but it actually wasn't because there wouldn't be any straight lines on the edges of the buildings. There were no straight sharp edges. He pointed out the back of the clubhouse, the putting green kind of looking out over the valley, and a combination of plaster, stone buttresses and the stone the roof. He showed the clubhouse itself and explained that there would be a formal entry where people would walk through a stone portal into a courtyard with a fireplace and fountain and parties could be held in the courtyard area. He thought it would be a really new and exciting architecture. He also showed some of the residential product plans. He said the homes were patio type pool homes with large latillas and outdoor covered spaces. They would have stone roofs, stone portals and stone plaster and none of the walls would be straight. It would have a very earthy look. Mr. Lennon stated that their goal is to create the finest golf club in the Coachella Valley and maybe the western United States and maybe a top 100 golf club in the world. They wanted to be architecturally outstanding. When someone flies over the development they wouldn't really see it. It would be like a Moroccan Village. It would generate minimal new residents to the valley. He informed commission that they would be using non potable water for the golf course in agreement with Water District. He said they would be acquiring an abandoned well site that is too high in nitrates, pumping it up and filtering it through. Most of that area in Palm Desert the water is no longer potable from the wells. As far as jobs and service, a project like this would generate over $3 million a year in jobs for people. Generally clean air jobs. For construction, this was probably a $100 million project at build out. He hoped the majority, if not all of it, went to the local 24 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6 2002 �.• community. It would have a minimal effect on the school system and police. It would have its own security system. They assumed there would be very few children going to school and living within this project. They would push the natural desert landscape. He noted that Palm Desert has really been outstanding in helping push that along. The open space they would set aside and the mitigation measures set up should make it a really terrific project. He stated that he was very proud of the way it is going. At the very first planning meeting he had there were a couple of council members involved and people gave him good ideas. He has been around a long time and done a lot of developments and this so far had been the most enjoyable experience of working with the City and everyone. It had been positive and he hoped that continued. He looked forward to any suggestions or requests for any further studies. He said noted there were some line-of-sight studies that have been done as part of the EIR. Commissioner Campbell asked if these would be custom homes or if they would be prebuilt. Mr. Lennon said they were trying to keep the options open, but they might have some lots with predesigned building plans or they would go ahead and build them all themselves. They were looking in the middle of the project at a club resident's program where the members of the club could buy a quarter interest in one of the units. He was not trying to compete with The Reserve and he didn't want to compete with the existing clubs. He wanted this to be the ultimate other place to have a club membership, so most of these products were smaller than anything being offered at The Vintage and The Reserve for freestanding units, but each had some small cottages that were fourplexes. They have some 2,800 square foot units that were entry level. But the idea was smaller units and they control all the architectural design and if they let a few of them go custom, they would control them and have all the requirements to use all of the same products. Commissioner Campbell asked if there would also be some attached units. rr.. 25 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 Mr. Lennon said no, right now they didn't have any attached units. They were all freestanding. Commissioner Campbell asked if Mr. Lennon was planning to build a new bridge. Mr. Lennon said yes. The existing bridge wouldn't work for this project. Commissioner Lopez asked how many members Mr. Lennon anticipated. Mr. Lennon said there would be individual memberships as opposed to family memberships. They expected about 325 memberships of which maybe 50 to 80 would be national type members that would only have a limited amount of play and only be in town a certain amount of time. Commissioner Tschopp asked for clarification on the access. Mr. Lennon explained that on Highway 74 you would go past the first church, past the second church and right after that church there was a big open space that goes all the way back to the channel where Sommerset starts. He confirmed that was on the south side of St. Margaret's. There would be a landscaped right- turn lane pulling in there and then the bridge would cross right there into the property. Commissioner Lopez noted that Mr. Lennon mentioned electric cars. Mr. Lennon stated that every building would be designed for electric cars. They were encouraging those with one car garages. He said he originally started out with all electric cars, but there were immediate problems with the lenders, the other partners and there were three new projects in California and Colorado done at the very high end of the level who have done this. It was really bad in rainy weather and they have run into big problems. The builders just came back from Aspen and the number one complaint was having to drive just a golf cart. Then he went to a program that would allow them to drive their car up and drop off and there , was a project that was trying to do that now in Santa Rosa but 26 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 they were getting some major resistance to it. People coming home late at night didn't want to unload their car. He said he was trying to give a number of the homes just a one car opportunity and the other ones have their guests park and get an electric cart to pick them up. Where the electric car would really control would be the ride up to the road and it was quiet up on top. Commissioner Lopez asked if there was any concern about the life of an electric cart because it looked like there might be some dramatic elevation changes and the distance from where the golf carts would be taken from the clubhouse to the golf course and back, etc. Mr. Lennon said he has gone back and forth. He started out with people coming to the clubhouse and get their cart and go to the top. Then he worried it might be a little too steep coming down the hill, but he had been reassured by two or three golf manufacturers that would build a special cart for them that wouldn't go over a set speed, has bigger brakes, and they would have some guard rails on the sides. So there was still a small chance he might create a shuttle system to take them to the top *"" and then use the cart, but the new carts today were pretty strong and they could get the extra battery. He noted there was about a 500-foot elevation change from the bottom up to the top. Commissioner Lopez said he would be concerned if they had to go to gas operated carts which were rather noisy. Mr. Lennon said they were pretty positive that wouldn't be the case. The new electric cars were pretty terrific now. Commissioner Tschopp asked about the view from Highway 74 or the east and if they would see the club. Mr. Lennon thought people would see almost nothing, especially from Highway 74. On Highway 74 they would see a wonderful desert entrance and maybe some stone portals to a bridge and then they would have some good sized Palo Verde trees out front, so they were about five feet off the road. Anything that would be seen could be disguised with rock. He also said that there were sight studies. 27 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 Commissioner Tschopp asked if it could be seen from a distance. Mr. Lennon pointed out some shots from The Vintage Club and from The Reserve and they literally could not see this site. Mr. Drell explained that there was a ridge that goes above the site. But he would see it everyday coming down the hill on Highway 74 from above. Commissioner Tschopp noted that there would be a very limited number of memberships, but asked about any traffic issues. Mr. Lennon said that a traffic study was done. This project was probably less than half the traffic of the previous project. There weren't any traffic issues. Commissioner Tschopp asked if there was any intent to sell corporate memberships or things of that nature. Mr. Lennon stated that the intent was individual ones similar to The Quarry and Bighorn. They would have generous discounts for children and spouses that come up as guests of the members. Commissioner Tschopp asked if he envisioned the housing development more for members only. Mr. Lennon thought that maybe 90% of the housing buyers would be members so there wouldn't be an additional amount of traffic. He didn't expect them to pay the premium prices and not want to be part of this club. He indicated there was always a demand to scale down after having a big house and all the problems that go with it. But there was a real opportunity where one spouse likes the desert and the other one doesn't or one spouse thought three second homes were enough, so if they could get into something small or just join the club or buy a quarter of a club residence program, he thought there was a tremendous market for that. The Quarry project amazed him. He was surprised that so many people would drive that far, so there was a wonderful opportunity to make a niche there. He said that The Quarry was a wonderful project and they have three holes of golf back in a canyon that 28 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6 2002 low were like what his whole golf course would be. There were no homes and it was a special experience, similar to a hiking experience. This is what that would be like and would be great. A very special experience. Commissioner Tschopp asked how many feet there would be from the clubhouse to the first hole. Someone from the audience said 3,000 feet. Mr. Lennon said that even that was an experience because part of the road would be meandering back and forth across a creek by gorgeous rocks. This would be a real treat. Mr. Lennon asked if they had any suggestions or recommendations for when they came back for the public hearing. Commissioner Campbell asked what the percentage would be of full-time residents living there. Mr. Lennon thought 20% would be high. The Reserve was that. He watched The Vintage for 25 years and it was just a very low amount. That wasn't to say there weren't a lot of people starting to live here six months during the pick of the season. Many wealthy people live in states with no state income taxes and they couldn't stay somewhere else longer than six months. Otherwise, they would be here more often. He didn't expect to have very many full-time residents. Since Mr. Lennon had some experience with other country clubs in the area and where workers park, Commissioner Tschopp asked if that had been taken into consideration here so they have a place to park. Mr. Lennon said there were two issues with the workers. All of the workers would have a place to park onsite. There were the workers who run the place after it is built out and then there were the ones during the construction program. He said they should have no problem housing all of the people. He said they would write into the development plan that the way they would do the transponder program, there was no reason for someone to park somewhere else. They would all get a free transponder to go in as I Alw 29 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6 2002 part of the general contractor's program. The reason people go park in the public parking lots and along the sidewalks is because they have to pay a certain amount of dollars for each car for a transponder. So he would just put it into the development that they wouldn't do that and they would all be allowed on the project. Commissioner Tschopp said that would mean the project would have onsite parking for all the workers during the construction phase and also after construction. Mr. Lennon said yes. He also indicated that this project should not have a long, lingering build out. It should be mostly built out in two or three years. There would probably be a couple of phases in the lower area and there would be plenty of parking, especially during the first phase and then they would have excessive parking they were putting in the club area and in the maintenance area. He didn't see a problem. Plus they have the whole service road they would be cleaning up along the channel. There was a channel, then the Coachella Valley service road, then another space of land next to theirs, so they should be able to take care of all the parking. Commissioner Campbell thought it sounded wonderful. Commissioner Lopez asked for confirmation that they have had conversations with the individuals involved with the bighorn sheep and other organizations. He was sure once this is advertised that there would be individuals concerned about the development of the hillside, etc. He asked if Mr. Lennon had addressed most of those situations so far. Mr. Lennon said he had. They tried to figure that out in advance. Commissioner Lopez thought it sounded like a great project. Mr. Lennon thanked the commission for their time. Action: None. 30 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES - (No meeting) B. CIVIC CENTER STEERING COMMITTEE - (No meeting) C. DESERT WILLOW COMMITTEE - (No meeting) D. GENERAL PLAN ADVISORY COMMITTEE - (No meeting) E. LANDSCAPE COMMITTEE - (July 18, 2002) Chairperson Finerty indicated that representatives from the mall came to show them how they plan to landscape. She indicated they would take until 2007 to get everything done. Mr. Drell said that the buildings would be done in 2003-2004. The last phase would probably be landscaping the back 40 which they were delaying because they were holding out to potentially expand into that area with a certain new major department store. Chairperson Finerty noted that they were also talking about other expansions and they had it where one store would be done in 2003, one in 2004, etc. Mr. Drell said that Robinson's May was under construction now, then there would be the reconstruction of the old Robinson's May into a Sears. Then they still had the speculative expansion of Penney's. The Robinson's May and Sears were certainties. Penney's wasn't. Commissioner Campbell said that at least they would have the landscaping completed in the front. Mr. Drell concurred. F. PROJECT AREA 4 COMMITTEE - (No meeting) G. PALM DESERT/RANCHO MIRAGE MONTEREY AVENUE CORRIDOR PLANNING WORK GROUP - (No meeting) H. ZONING ORDINANCE REVIEW COMMITTEE - (No meeting) 31 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 2002 XI. COMMENTS Chairperson Finerty noted that the next meeting would be on August 20, 2002. XII. ADJOURNMENT It was moved by Chairperson Finerty, seconded by Commissioner Campbell, adjourning the meeting by minute motion. Motion carried 4-0. The meeting was adjourned at 8:34 p.m. PHILIP DRELL, ecretary ATTEST: CINDY FINE Y, Chairperson Palm Desert Planning Commission /tm i 32