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HomeMy WebLinkAbout0106 �'1T�-� MINUTES PALM DESERT PLANNING COMMISSION r'"" - TUESDAY - JANUARY 6, 2004 6:00 P.M. - CIVIC CENTER COUNCIL CHAMBER ' � 73-510 FRED WARING DRIVE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairperson Campbell cailed the meeting to order at 6:01 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Jonathan led in the pledge of allegiance. III. ROLL CALL Members Present: Sonia Campbell, Chairperson Sabby Jonathan, Vice Chairperson Cindy Finerty ,� Jim Lopez Members Absent: Dave Tschopp Staff Present: Phil Drell, Director of Community Development Bob Hargreaves, City Attorney Jeff Winklepleck, Parks& Recreation Planning Manager Phil Joy, Associate Transportation Planner Tony Bagato, Assistant Planner Tony Monroe, Administrative Secretary IV. APPROVAL OF MINUTES: Request for consideration of the December 2, 2003 minutes. Action: It was moved by Commissioner Finerty, seconded by Commissioner Lopez, to approve the minutes of December 2, 2003. Motion carried 4-0. V. SUMMARY OF COUNCtL ACTION . `. None. MINUTES PALM DESERT PLANNING COMMISSION JANUARY 6. 2004 � VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR A. Case No. PMW 03-18 - SIXTH STREET PARTNERS I, LLC, Applicant Request for approval of a parcel map waiver to allow a lot line adjustment between Parcels 2 and 3 of Map 29068-1 to accommodate a building. Property is located at 77-912 and 77- 932 Country Club Drive. B. Case No. PMW 02-16 - JOHN H. McLEAN, EMILY M. BAIRD McLEAN AND MICHAEL STEARNS, Applicants Request for approval of a parcel map waiver to merge three lots into two for property identified as 73-140 and 73-150 Shadow Mountain Drive. .� Action: It was moved by Commissioner Finerty, seconded by Commissioner Lopez, to approve the Consent Calendar by minute motion. Motion carried 4-0. VIII. 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 (Continued from December 16, 2003) 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- � 2 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 6, 2004 ... 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 he will be abstaining from participation on this case due to a conflict of interest. Mr. Urbina directed the Commission's attention to the staff report and outlined some corrections. Mr. Sabby Jonathan was incorrectly identified as owning the vacant piece of land. Mr. Jonathan is actually a partner in the industrial building to the north of the project site. The project site owners are Melanie Place Partners, which also owns the industrial building to the north, and KESQ leases the project site from Melanie Place Partners. Today staff received a letter from Mr. Sherman of Melanie Place Partners stating they do not object to staff's recommended location of the tower, which would be near the northeast corner of the KESQ site. This was the location approved by the Architectural Review Commission (ARC) as having the least visual impact of other altemative locations. The ARC approved the project with the .., condition that two 30- to 35-foot high fan palms be planted immediately in front of the proposed 85-foot lattice tower to provide some visual screening for the lower elevations. The location is a parking lot that is gated, and there is a six-foot high view obscuring wall located adjacent. Mr. Urbina commented that after the ARC approved the project, staff further analyzed the visual impacts and came to the conclusion that a condition of approval should be included to require the planting of four additional 30-foot high fan palms in the street right-of-way to provide additional visual screening of the tower. He noted that the tower will still be visible from some locations. Mr. Urbina displayed a photo simulation taken from Cook Street looking east across an existing vacant Service Industrial zoned parcel with the proposed 85-foot tower if the property remained undeveloped . He stated staff also requested a photo simulation of the proposed 85-foot tower with a 35-foot building set back 80 to 90 feet on the vacant site building, similar to the Berger Foundation building to the north, and the simulation shows that the tower would not be visible if a 35-high building were constructed. `.. 3 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 6, 2004 � � Mr. Urbina displayed a photo of the existing project site, which includes a 65- foot high roof mounted tower with some dishes and indicated the new tower would be located at the rear of the site. Mr. Urbina displayed a photo simulation of the proposed 85-foot high tower along with the planting of four, 30-foot high palms on Melanie Place and finro additional palms at the base of the tower at the rear of the site. Mr. Urbina reported that since the Commission last discussed this item, Mr. Sabby Jonathan did meet with the applicant's representative, Mr. Robert Allen, the General Manager of KESQ. Mr. Jonathan suggested an altemative location within the KESQ site at approximately the middle of the site. Mr. Urbina displayed photo simulations of the proposed 85-foot high tower at the suggested alternative site. He explained that the problem with the altemative site located south of the KESQ building is that there is a large open area at the main entrance to the KESQ parked lot which doesn't have any gates or other visual screening, approximately 50 feet wide, so the proposed tower would be even more visible due to the openness of the main driveway. Mr. Urbina noted that the building in which Mr. Jonathan is a partner is an .,� industrial building located to the north, and there are no windows on the south side of the building. At the rear of the site there is some outdoor storage. So from a visual point of view, the suggested alternative is not a preferred site because the properties to the north are industrial uses, and this is within an industrial area of the City, so no matter where the proposed tower is located, there will probably be some individuals who object to it. He commented that staff still recommends the preferred site be as shown on the photo simulation where it was approved by the ARC because the existing KESQ tower as well as the existing industrial building to the north would help shield some of the visual impacts for motorists driving either north or south along Melanie Place. Mr. Urbina recommended approval of the conditional use permit based on the recommended findings and conditions set forth in the draft resolution. Chairperson Campbell asked about the height of the Berger Foundation building in comparison to the simulated 35-foot building. 4 � � 4 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 6 2004 � Mr. Urbina replied that the Berger Foundation building is approximately 30 feet in height, and it is a two-story building, and that building is elevated approximately four feet higher than the sidewalk on Cook Street. Chairperson Campbell asked about the height of the tower at Warner Cable. Mr. Urbina indicated he is not familiar with the height of that particular tower. Commissioner Finerty asked if it is likely that KMIR will encounter this same problem. Mr. Drell replied that he doesn't know what sort of towers KMIR currently has, but it is likely that they will be required to comply with the same FCC regulations. Commissioner Finerty wondered about the visual impact of the alternative location if the simulated building were to go in front of it. Mr. Urbina stated that the simulated building, as viewed from Cook Street, ,r,,., would screen the alternative location, and noted that there is a difference of approximately 100 feet between the preferred location recommended by staff and the alternative location. Commissioner Finerty asked if a building on the vacant lot would negate the effect of the open parking lot showing more of the tower. Mr. Urbina replied that the building would negate the effect as viewed from Cook Street; however, the owner of the other vacant lots might not like the tower at the alternative location because there is no screening. Chairperson Campbell announced that the public hearing is still �en and asked the applicant to address the Commission. MR. ROBERT ALLEN, 78-547 Hidden Palms Drive, introduced himself as the General Manager of KESQ-N, located at 42-650 Melanie Place, and commented that staff has done a thorough job of evaluating the possibilities. He indicated that he has worked very hard with Mr. Jonathan to try to find an alternative site, and he is more than willing to place it on another site, but his concern is that the only other practical alternative is less desirable than the one i.r 5 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 6. 2004 � recommended by the ARC. He noted the use is permitted under the existing zoning designation, and he requested that the Commission approve the application. Commissioner Finerty asked if there is any reason why the palm trees should be limited to 30- to 35-foot heights. Mr. Allen replied that the ARC requested those particular heights. Commissioner Finerty asked if the applicant would be amenable to installing taller palms if that were feasible. Mr. Allen replied that if he could install taller palms at the rear, that would be feasible, but his main concem is that it is quite expensive to install palms of 30-to 35-foot heights, and he has no idea how much more expensive it would be to install taller palms. Commissioner Finerty believed palm trees of taller, but staggered heights would provide better visual screening. � Mr. Drell noted that it is possible to transplant taller palms, and Washingtonia Robustas, which are the skinny palms, transplant very well and are less expensive than the Filiferas, which are the fat palms. Mr. Allen asked about the ultimate height of the Robustas. Mr. Drell replied that Robustas can reach 80 to 90 feet. Mr. Allen expressed concern about foliage blocking the signal, because if the palms reach that height, they would have to be removed and replaced, and the dishes are aimed in three directions, and possibly four directions. Commissioner Finerty suggested that three of the palms be befinreen 45 and 50 feet in height, and the other three be befinreen 30 and 35 feet in height. Commissioner Lopez asked if there is a dramatic elevation change from the north location versus the south location. , � � 6 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 6 2004 w�.r Mr. Allen replied that there is a slight elevation change, but it is not more than a couple of feet. Chairperson Campbell announced that the public hearing is still open and asked if anyone wished to speak either in FAVOR or OPPOSITION to the application. MR. SABBY JONATHAN, 42-620 Caroline Court, Suite 102, stated that although he does not like the concept of an 85-foot high tower structure in the area, he recognizes that this is a Service Industrial Zone. His objective was to verify that the best location is the one being selected, and he was not yet convinced of that . He clarified that he represents four property owners in the area and pointed out on the aerial map the locations of each of the properties. Mr. Jonathan further clarified that the location identified by Mr. Urbina as the alternative location is not actually his preferred location. He noted the tower structure is actually in front of the KESQ building. He stated that it is deceptive to think that a 35-foot high building will hide .. the proposed tower from Cook Street. He added that the vacant site is owned by the Berger Foundation, and the Foundation has basically refused to develop it, but if it ever is developed, it will not block the proposed 85-foot tower. Mr. Jonathan encouraged the Commission to considerthis application with the assumption that the proposed tower will be visible from Cook Street for a long time to come. Mr. Jonathan believed there are actually three alternative locations behind the three palm trees that would work much better, and he suggested KESQ explore with engineers the feasibility of that site, which is the southeast corner of their parking lot. It was his understanding that there is a large satellite dish at this time that will be removed, and he believed that would be a more suitable location for the proposed 85-foot tower, as it would be at the rear of the property as opposed to the front of the property, where the tower is currently proposed to be located. He suggested that a little more homework be done to find the best possible location, and if the engineering studies show that there is no better location than the one � currently being proposed, then he will not object. �.. 7 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 6, 2004 � � � �.ri Mr. Allen remarked that he walked the property with Mr. Jonathan in search of a solution, and he actually pointed out the satellite dish to be removed, but unfortunately, that is not the dish to be removed. The satellite dish the Commission is looking at was installed a year ago by the FOX Television Network, and there actually was a dish in front of it which had to be removed because there was a building constructed which blocked the dish, so they had to put this one up, and a City permit was obtained for that purpose. So the dish that was being discussed as one that would be removed is actually located in the alternative site, and it is a seven-meter dish which sits on three concrete piers. Mr. Allen pointed out that there are several satellite dishes which face southeast that are located within the parking {ot, and the proposed tower cannot be placed in front of them because it would block the signal, and the microwave radiation from the tower would interfere with the satellite reception. Commissioner Lopez indicated he is more concemed about the visual impact � from Cook Street as drivers pass by, and asked if there is any way to know .�i if this tower will become technologically obsolete in the future. Mr. Allen replied that there is no known alternative at this point, and he cannot say with certainty that there will never be a change, but because of the large distances and topography involved, at this point, microwave transmission is required. He indicated that the government very tightly regulates microwave transmission because there is a limited amount of spectrum available, and KESQ actually shares them with other users and other stations. Chairperson Campbell announced that the public hearing is still open and asked if anyone wished to speak either in FAVOR or OPPOSITION to the application. There being no response, the public hearing was closed. Commissioner Lopez remarked that he shares the concerns expressed by Mr. Jonathan, but his overall concern is related to the impacts of an 85-foot high tower on a main thoroughfare, which he didn't care for it at all, but he acknowledged there is no viable alternative. Therefore, he supported the � staff recommendation. � r.ri 8 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 6 2004 �.. Commissioner Finerty concurred with Commissioner Lopez and stated that it appears all the alternative sites have been considered. Although the proposed tower is a monstrosity, she realized the importance of communication. She preferred palm trees with staggered heights, i.e., three palms measuring 30 to 35 feet and three palms measuring 45 to 50 feef, specifically, Washingtonia Robustas, which transplant well and are not as costly. Chairperson Campbell concurred with her fellow Commissioners and noted that it is not an ideal situation, but agreed that Commissioner Finerty's suggestion for two clusters of palm trees of staggered heights would lessen the visual impact. Although Mr. Jonathan has indicated the proposed tower will be visible from his office window, there is currently an empty pad in front of Mr. Jonathan's building and Melanie Place, so once a building is constructed there, he may not have a view after all. Action: It was moved by Commissioner Finerty, seconded by Commissioner Lopez, to approve the findings as presented by staff. Motion carried 3-0. � It was moved by Commissioner Finerty, seconded by Commissioner Lopez, to adopt Planning Commission Resolution No. 2241, approving Case No. CUP 03-25, subject to conditions contained in the draft staff report, with an amendment to Condition No. 60 to include three 30-to 35-foot Washingtonia Robustas as well as three 45- to 50-foot Washingtonia Robustas. Motion carried 3-0. Commissioner Jonathan rejoined the Commission. B. Case No. CUP 03-23 - LOU LABONTE, Applicant Request for approval of a conditional use permit to allow massage therapy within an existing salon and spa at 73-280 EI Paseo, Suite 2. Mr. Bagato reported that this case involves a massage establishment, and the Municipal Code requires all such establishments to obtain a conditional use permit. He explained that massage establishments are permitted in the C-1 zone within which the site is located. He indicated that the applicant �.. 9 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 6. 2004 ..�i currently owns the LaBonte Salon & Spa located on the north side of EI Paseo between Sage and Lupine Lane, and this suite totals approximately 1,260 square feet. He noted that the business shares a parking lot with which has a total of 61 spaces. Mr. Bagato noted that the applicant requests the addition of massage therapy to the existing salon, and two rooms totaling approximately 200 square feet would be used for the massage sessions. Staff analyzed the parking availability and land use to ensure compatibility, and the parking survey conducted revealed that approximately 23 vacant spaces are available. He indicated that staff recommends approval of this minor use which will be operated during regular business hours. Chairperson Campbell declared the public hearing �en and asked the applicant to address the Commission. MR. LOU LABONTE, 40-750 Meadow Lane, anticipated that the massage sessions will account for approximately 20% of the gross business volume. The salon currently offers facials, hair cuts and nail i services. He indicated that he happens to be the massage therapist. .� Chairperson Campbell announced that the public hearing is still open and asked if anyone wished to speak either in FAVOR or OPPOSITION to the application. There was no response, and the public hearing was closed. Action: It was moved by Commissioner Finerty, seconded by Chairperson Campbell, to approve the findings as presented by staff. Motion carried 4-0. It was moved by Commissioner Finerty, seconded by Chairperson Campbell, to adopt Planning Commission Resolution No. 2242, approving Case No. CUP 03-23, subject to conditions. Motion carried 4-0. C. Case No. CUP 03-18 -AMBER SCHWAN, Applicant Request for approval of a conditional use permit to operate a one person massage business at the Palm Desert Country Club Association building located at 77-800 Califomia Avenue. ` � � 10 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 6 2004 �r.. Mr. Bagato reported that this proposed massage establishment would be located in the Palm Desert Country Club Association building which is adjacent to the Joe Mann Park. He indicated that the facility has a ballroom that is leased out for parties and dances, two pools, a Jacuzzi and several suites for offices as well as 41 parking spaces. Staff reviewed this proposed establishment as an ancillary use because the facility is used for recreational purposes for the neighborhood, and the code permits massage establishments an accessory uses with athletic clubs and health senrices. He stated that the applicant is requesting a one-person massage establishment, and she indicates her sessions last between 60 and 90 minutes. He added that the applicant's hours would be Monday through Saturday from 9:00 a.m. to 5:00 p.m., Sunday from 12:00 to 5:00 on call, with all appointments to be scheduled with no walk-ins. Mr. Bagato noted that staff conducted a parking survey, which revealed an average of 32 vacant spaces out of the total 41 spaces. He stated staff believes this will be a compatible ancillary use with the Association building. He indicated staff has received no feedback from the public thus far, and, therefore, staff recommends approval. �...� Chairperson Campbell declared the public hearing open and asked the applicant to address the Commission. AMBER SCHWAN, 51-920 Avenida Velasco in La Quinta, stated that her business is at the Palm Desert Country Club Association building at 77-800 California Drive, Suite 10. She believed her massage establishment will be a positive addition to the Palm Desert Country Club residents and surrounding community. She stated that she offers professional, affordable, trusted, health conscious massage therapy to people of all ages. Commissioner Finerty asked the applicant to clarify the term "affordable." Ms. Schwan indicated that her rates are $65 to $75 an hour, though she offers discounted rates of $50 to certain people such as the residents of Palm Desert Country Club. Chairperson Campbell announced that the public hearing is still open and asked if anyone wished to speak either in FAVOR or OPPOSITION to the application. There being no response, the public hearing was closed. �... 11 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 6, 2004 ; � .� Action: It was moved by Commissioner Finerty, seconded by Commissioner Lopez, to approve the findings as presented by staff. Motion carried 4-0. It was moved by Commissioner Finerty, seconded by Commissioner Lopez, to adopt Planning Commission Resolution No. 2243, approving Case No. CUP 03-18, subject to conditions. Motion carried 4-0. D. Case No. C/Z 03-06 - CITY OF PALM DESERT, Applicant Request for consideration of recommendation of approval to the City Council for the prezoning of 262.77 acres south of the city boundaries for purposes of annexation of the area to the city of Palm Desert and approval of a Negative Declaration of Environmental Impact pertaining thereto. Mr. Winklepleck reported in January of 2003, the Planning Commission and � City Council approved the loop trail just south of the Visitor Center off Highway 74. As part of that environmental process, there were some mitigation measures, including a management plan which has the City using its police powers to ensure dogs are kept off the property and people are kept off certain portions of the property. He explained that this prezoning responds to that requirement, as the property is currently outside the City limits, and in order for the City to use its police powers, it needs to be brought into the City limits. He stated that the prezoning includes the 262.77 acres, and the zoning will be as currently identified in the Draft General Plan which will be considered by the City Council, as it will be prezoned Open Space and will also include public preserves. In that way, it is consistent with what will eventually be the General Plan and Zoning Map. He noted that if the Planning Commission approves the application, it will be forwarded to the City Council and then be presented to LAFCO for the actual annexation. He indicated that there is a Negative Declaration associated with the application, and although this could easily have been attached to the prior environmental documents that were with the trail, LAFCO would have most likely sent it back, as they don't typically like to hang their hat on a categorical exemption. He indicated that the staff recommendation is for approval. � � 12 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 6 2004 i.�. Chairperson Campbell declared the public hearing is still �en and asked if anyone wished to speak either in FAVOR or OPPOSITION to the application. There being no response, the public hearing was closed. Action: It was moved by Commissioner Finerty, seconded by Chairperson Campbell, to approve the findings as presented by staff. Motion carried 4-0. It was moved by Commissioner Finerty, seconded by Chairperson Campbell, to adopt Planning Commission Resolution No. 2244, approving Case No. C/Z 03-06, subject to conditions. Motion carried 4-0. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES +�.. A. ART IN PUBLIC PLACES Chairperson Campbell reported that the Committee met on December 17, 2003 and approved the entrance signs, which will be water features, for EI Paseo on Portola and EI Paseo and Highway 74. B. LANDSCAPE COMMITTEE (No meeting) C. PROJECT AREA 4 COMMITTEE (No meeting) XI. COMMENTS Commissioner Jonathan noted that at the Commission's last meeting, staff indicated its intent to send a second letter to the Augusta Restaurant regarding their unauthorized blockage of their parking lot, and noted that the blockades are still being used, and added that the Commission requested a copy of the letter, but did not receive anything. �..► 13 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 6 2004 � � � Mr. Drell reported that he spoke with the restaurant manager, who assured staff that he had received the letter from the Public Works Department and had instructed his valet service to comply with it. Mr. Drell stated that he will follow up. XII. ADJOURNMENT It was moved by Chairperson Campbell, seconded by Commissioner Lopez, to adjoum the meeting by minute motion. Motion carried 4-0. The meeting was adjourned at 7:02 p.m. 'r--��� . PHILIP DRELL, ecretary ATTEST: i „� ��,�,L�� � �Zl L"�-�-�.�C,.-r-�_� . .. SONIA M. CAMPBELL, Chairperson Palm Desert Planning Commission /kc 14