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HomeMy WebLinkAbout1216 6:00 p.m. MINUTES PALM DESERT PLANNING COMMISSION TUESDAY - DECEMBER 16, 2003 6:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE I. CALL TO ORDER Chairperson Campbell called the meeting to order at 6:02 p.m. II. PLEDGE OF ALLEGIANCE Chairperson Campbell led in the pledge of allegiance. Ill. ROLL CALL Members Present: Sonia Campbell, Chairperson Sabby Jonathan, Vice Chairperson Dave Tschopp °r Members Absent: Cindy Finerty Jim Lopez 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: Request for consideration of the October 7, 2003 minutes and November 4, 2003, 6:00 p.m. minutes. Action: It was moved by Commissioner Tschopp, seconded by Chairperson Campbell, to approve the minutes of the meeting of October 7, 2003. Motion carried 3-0. MINUTES PALM DESERT PLANNING COMMISSION 6:00 P.M. DECEMBER 16, 2003 .r It was moved by Commissioner Tschopp, seconded by Chairperson Campbell, to approve the minutes of the meeting of November 4, 2003 (6:00 p.m.). Motion carried 2-0-1, with Commissioner Jonathan abstaining. V. SUMMARY OF COUNCIL ACTION Mr. Drell summarized pertinent December 11, 2003 City Council actions. VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR None. coo 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. A. Case No. CUP 03-25 - GULF-CALIFORNIA BROADCAST COMPANY, Applicant Request for approval of a conditional use permit to replace an existing 65-foot high roof-mounted telecommunications tower by constructing a new 85-foot high wireless tele- communications tower with antennae and microwave dishes at the rear of existing KESQ television studio site. The project site is located at 42-650 Melanie Place. Commissioner Jonathan announced that because he owns property adjacent to the subject property, he will abstain from participation, and left the room. W4 2 MINUTES PALM DESERT PLANNING COMMISSION 6:00 P.M. DECEMBER 16, 2003 r.. Mr. Urbina reported that the project site is located on the east side of Melanie Place. Surrounding land uses include Coachella Valley Water District property to the east, a vacant lot immediately to the west across Melanie Place, and industrial buildings to the north and south. Staff requested two photo simulations, and one depicts the site as viewed from Melanie Place. The purpose of the new 85-foot high tower is to comply with Federal Communications Commission (FCC) regulations requiring that television stations convert to digital transmission. The tower will have microwave dishes as well as some whip antennae, and the maximum height will be 85 feet. The project is conditioned to provide planting of two 30- to 35-foot high palm trees immediately adjacent to the lattice tower in the back, and also the planting of four 30-foot high fan palms on the street to mitigate visual impacts from Melanie Place. Mr. Urbina advised that staff required the applicant to submit photo simulations looking east toward the site from Cook Street, depicting a 30-foot high building set back approximately 80 to 90 feet from Cook Street. The photo simulation demonstrates that the towers will not be visible once a building is constructed, and even without a building, it will barely be noticeable. He indicated that staff recommends approval of the conditional use permit, based on the findings and conditions set forth in the draft resolution. Chairperson Campbell asked why the antenna isn't designed as a faux palm tree. Mr. Urbina replied that it would be unable to support the satellite dishes required. Chairperson Campbell declared the public hearing open and asked the applicant to address the Commission. MR. ROBERT G. ALLEN, 78-547 Hidden Palms Drive, introduced himself as the Executive Vice President and General Manager of KESQ-TV, located at 42-650 Melanie Place, and stated that the reason it cannot be disguised as a palm tree is that the microwave dishes require a substantial structure for support, and a faux palm tree structure could not sustain this number of microwave dishes. kow 3 MINUTES PALM DESERT PLANNING COMMISSION 6:00 P.M. DECEMBER 16. 2003 Commissioner Tschopp asked if 85 feet is the absolute minimum height required in order to obtain the transmission power necessary. Mr. Allen replied that 85 feet is the absolute minimum height required to facilitate adequate transmission, and noted that because there are two sets of microwave dishes, each set must be physically separated for structural loading purposes as well as to prevent transmission interference between the signals. Commissioner Tschopp asked if there is an alternative location available for the tower. Mr. Allen responded that there is no alternative location available for the tower, as the FCC determines the location of broadcast television transmitters, and they must be placed so that they fit into the overall national plan and not interfere with other stations on the same channels. Chairperson Campbell stated that the public hearing is still open asked if anyone wished to speak in FAVOR or OPPOSITION. Mr. Hargreaves pointed out that due to the absence of two Commissioners, as well as the fact that Commissioner Jonathan has abstained, there is no longer a quorum, so the item must be continued. MR. SABBY JONATHAN, 42-620 Caroline Court#102, stated that he represents four properties near the subject antenna, and he was disappointed that the property owner has not consulted with adjacent property owners. He endorsed the continuance and indicated he would seek an opportunity to discuss the matter with the applicant. He did not believe anything will be constructed on the corner, so he encouraged the Commission to consider how the antenna will visually impact the area, given the probability that no building will be constructed on the corner to mitigate visual impacts. Chairperson Campbell stated that the public hearing is still open asked if anyone wished to speak in FAVOR or OPPOSITION. There was no response, and Chairperson Campbell indicated that, due to the lack of quorum, it is necessary to continue the case to the January 6, 2004 meeting, and the public hearing will remain open. 4 MINUTES PALM DESERT PLANNING COMMISSION 6:00 P.M. DECEMBER 16 2003 Commissioner Jonathan rejoined the Commission. B. Case No. CUP 03-12 - LISA D. STINSON, Applicant Request for approval of a conditional use permit to allow a .55- acre vacant lot planted with grass to be used as a playground by children from an after school tutoring and homework club operating within an existing building at St. John's Lutheran Church located at 42-695 Washington Street. Mr. Urbina reported that the half-acre lot is owned by St. John's Lutheran Church and it is used as a playground for an after-school homework and tutoring club. Located to the east of the lot is an existing residence owned by the Avila family, and the Avilas have complained that rubber balls used on the playground frequently make their way over the fence into their rear yard, which has a swimming pool and cactus, or into the front yard which has cactus. He indicated the Avilas complained that sometimes the children don't ask permission to enter the property, and they are concerned about liability exposure if a child were to accidentally drown in the swimming pool or be injured by the cactus. Mr. Urbina explained that the applicant proposes to mitigate these concerns by placing cones approximately 20 to 30 feet, but staff did not feel that this is a suitable solution to prevent balls from traveling into the Avila's yard. Mrs. Avila has also complained that children frequently bounce balls off of the block wall, and the noise is annoying. Staff recommended that the easterly 50 feet of the half-acre site be used as a buffer area such that a six-foot high chain link fence be constructed from the southerly property line of the half- acre lot to the north approximately 100 feet, and the lot is approximately 152 feet deep. The applicant has indicated to staff that they don't wish to incur the expense of constructing such a fence because the recess only lasts approximately 45 minutes. He stated that staff recommends approval, subject to the findings and conditions set forth in the draft resolution. Commissioner Tschopp asked if consideration has been given to other types of plant material that would serve as a noise buffer, i.e., Oleander. Mr. Urbina explained that the applicant indicated to staff that they would prefer the lot to remain as turf area in the event they need to apply for a 5 MINUTES PALM DESERT PLANNING COMMISSION 6:00 P.M. DECEMBER 16, 2003 w�1 temporary use permit for overflow parking during Christmas and Easter services; thus, the applicant did not wish to have any type of permanent structure. Mr. Drell advised that plant material does not provide a significant noise mitigation. Commissioner Jonathan noted that the condition regarding the chain link fence implies that the 50-foot strip would be a "no play" zone. Mr. Drell clarified that access would be allowed for retrieval of balls that travel over the six-foot chain link fence, and suggested that the condition be clarified that, other than the retrieval of balls, the area would not be open for play. Chairperson Campbell indicated she would be interested in knowing how long the area has been used as a play area. Chairperson Campbell declared the public hearing ppen and asked the applicant to address the Commission. MS. LISA STINSON, stated that she runs the Homework Club at 42- 695 Washington, and wondered how eight-year-olds would be able to scale a six-foot fence to access the Avila's yard. She indicated that she is very unaware of that as it has never been brought to her attention by anyone, including the three supervisors who observe the play area. She explained that the children are at recess for approximately 30 minutes, and she has no problem with eliminating the use of balls. She was unaware of any children who would go into the yard to retrieve balls, as the supervisors are responsible for that. After the children are tutored, they have a half hour of outdoor play. She added that the program operates Monday through Thursday, but does not operate during the summer. Chairperson Campbell asked how long the program has been using this area for recess. Ms. Stinson reported that the program has been using the play area i for approximately a year and a half. 6 MINUTES PALM DESERT PLANNING_COMMISSION 6:00 P.M. DECEMBER 16 2003 i.. Commissioner Jonathan asked to what degree and why it would be an imposition to limit the activity of that section. Ms. Stinson stated that there is no problem with that whatsoever, but she is concerned about expending thousands of dollars to install a fence to implement staffs recommendation. Mr. Drell clarified that the cost of installing a chain link fence is approximately $6 to $10 per foot, so the cost would be up to approximately $1,000. Chairperson Campbell stated that the public hearing is still open asked if anyone wished to speak in FAVOR or OPPOSITION. MR. DAVID BARRETT, 51-305 Eisenhower Drive in La Quinta, introduced himself as the son-in-law of Mr. Avila, and stated that the existing chain link fence in the road creates a one-lane road, even though the road has two-way traffic. Mr. Barrett added that the children are in the play area longer than 30 to 45 minutes, and noted that the time period ranges from 2:00 p.m. to 6:00 p.m. His biggest �.. concern was emergency vehicle access. He pointed out that on the other side of the house is a kindergarten or family school with a playground, and just north of the fence across the parking lot is another school with playground activity. Mr. Drell stated that a potential solution for traffic control is to direct church traffic exclusively through the church parking lot, which would then bypass the applicant's driveway. Mr. Drell noted that the easement is only 14 feet wide, which is probably adequate to serve one property, but unfortunately it serves the church plus this property as well as the vacant property beyond the empty lot. Commissioner Tschopp stated that if certain church activities created an unsafe situation in the neighborhood, then that would have an impact on the conditional use permit for the property. Mr. Drell confirmed that it could impact the existing conditional use permit, and added that he doesn't believe the traffic is a hazard to the children on the playground. 7 MINUTES PALM DESERT PLANNING COMMISSION 6:00 P.M. DECEMBER 16. 2003 Chairperson Campbell stated that the public hearing is still open asked if anyone wished to speak in FAVOR or OPPOSITION. MR. ART AVILA, owner of the property, stated that the road being discussed is a private road built for the ingress and egress of the property owners. He indicated he has lived there 25 years and never had any problems with the church, but he would have appreciated the church approaching him regarding this issue. He noted that the balls are sometimes a nuisance, but the liability concern is a bigger issue; however, he believed that can be worked out if the church is willing to work with him. He was opposed to installation of a chain link fence because it would block his view. Mr. Avila clarified that his main issue is the street. He indicated that he approached the church regarding the church lending their expanded parking lot to the adjacent school, to which he is opposed, because it results in drivers traveling down a one-way street at 30 to 40 mph, and there has already been one major accident. ; Ms. Stinson shared Mr. Avila's concerns regarding the road, and noted that she has done everything she can to make it easier for the residents, but she does not know of a solution. Mr. Drell suggested that staff be given a couple weeks to allow the traffic engineers to study the traffic issue Commissioner Jonathan suggested that the review of the matter be expanded, because it sounded as if there are some new uses that may not have been covered by the conditional use permit for the church, and he wanted to know if the current uses are in compliance with the original conditional use permit. Action: It was moved by Commissioner Tschopp, seconded by Commissioner Jonathan, to continue the matter to January 20, 2004 to allow staff to study the traffic issue, as well as a review of the existing conditional use permit for the church as it relates to the current uses. Motion carried 3-0. 8 MINUTES PALM DESERT PLANNING COMMISSION 6:00 P.M. DECEMBER 16 2003 v IX. MISCELLANEOUS A. Case No. DA 03-02 - SARES REGIS GROUP, Applicant Request for recommendation of approval to the City Council of a development agreement as it relates to a 320-unit residential apartment/condominium project on a 25-acre site on the north side of Gerald Ford Drive 636 feet east of Monterey Avenue, 73-240 Gerald Ford Drive, APN 653-260-029. Development agreement includes, among other matters, provisions for affordable housing units. Mr. Drell clarified that technically it's not a Development Agreement, but a Housing Agreement, as it doesn't include all the provisions that a development agreement typically contains. Commissioner Jonathan asked what 120% of median income for Riverside County is at this time. �.. Mr. Drell replied that it is very similar to current market rents, but in the future, it is anticipated that it would become a more significant restriction. Action: It was moved by Chairperson Campbell, seconded by Commissioner Jonathan, to approve the findings as presented by staff. Motion carried 3-0. It was moved by Chairperson Campbell, seconded by Commissioner Jonathan, to adopt Planning Commission Resolution No. 2240 recommending to City Council approval of Case No. DA 03-02. Motion carried 3-0. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES (No meeting) B. LANDSCAPE COMMITTEE (No meeting) C. PROJECT AREA 4 COMMITTEE (No meeting) 9 MINUTES PALM DESERT PLANNING COMMISSION 6:00 P.M. DECEMBER 16, 2003 ..r XI. COMMENTS Commissioner Jonathan noted that Augusta's Restaurant continues to violate the valet parking permit requirement by continuing to block off the parking lot; however, if a valet parking permit was issued which allows that blockade, he would like to be apprised of that. Mr. Diercks advised that a second letter has been issued to the restaurant. Commissioner Tschopp noted that this restaurant continually has this problem, but it is not the only restaurant that has this problem, so he suggested that the City newsletter address this issue to edify restaurant operators of the requirement of valet parking permits. XII. ADJOURNMENT It was moved by Chairperson Campbell, seconded by Commissioner Jonathan, to adjourn the meeting by minute motion. Motion carried 3-0. The meeting was adjourned at 6:58 p.m. r.r t PHILIP DRELL," ecretary ATTEST: -SONIA M. CAMPBELL, Chairperson Palm Desert Planning Commission /kc .rl 10