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HomeMy WebLinkAbout0816 MINUTES PALM DESERT PLANNING COMMISSION TUESDAY - AUGUST 16, 2005 I. CALL TO ORDER Chairperson Tschopp called the meeting to order at 6:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Campbell led in the pledge of allegiance. III. ROLL CALL Members Present: Dave Tschopp, Chairperson Jim Lopez, Vice Chairperson Sonia Campbell Cindy Finerty %NW Members Absent: Sabby Jonathan Staff Present: Phil Drell, Director of Community Development Steve Smith, Planning Manager Francisco Urbina, Associate Planner Tonya Monroe, Administrative Secretary IV. APPROVAL OF MINUTES Request for consideration of the July 19, 2005 meeting minutes. Action: It was moved by Commissioner Campbell, seconded by Commissioner Finerty, to approve the July 19, 2005 meeting minutes. Motion carried 3-0-1- 1 (Commissioner Jonathan absent, Commissioner Lopez abstained). V. SUMMARY OF COUNCIL ACTION None. a.. MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2005 VI. ORAL COMMUNICATIONS „r None. VII. CONSENT CALENDAR A. Case No. PMW 05-08 - CARDIFF LIMOUSINE, Applicant Request for approval of a parcel map waiver to merge lot lines to accommodate the project approved by Case No. PP 05-01 located at 75-255 Sheryl Avenue. Action: It was moved by Commissioner Campbell, seconded by Commissioner Finerty, approving the Consent Calendar by minute motion. Motion carried 4-0 (Commissioner Jonathan absent). Vill. 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. PP/CUP 05-08 - DELGADO/RODRIGUEZ, Applicants (Continued from July 19, 2005) Request for approval of a precise plan/conditional use permit to raze the existing restaurant/retail buildings and construct a two-story restaurant/retail/office complex with parking adjustment on property located at 73-703 Highway 111. Commissioner Lopez informed Commission that although he was absent from the last meeting when this item was previously discussed, he reviewed the documents and listened to the tape of the meeting and was eligible to act on this item. Mr. Drell stated that per the Commission's direction, a resolution of approval was prepared. The most significant condition required the operation of an 2 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16 2005 ,, employee parking program requiring employees to park at The Gardens and a shuttle system would take them back. This was for all employees arriving before 5:00 p.m. to eliminate a conflict between restaurant employees and other parking demands on President's Plaza and their office customers. Chairperson Tschopp opened the public hearing and asked if the applicant wanted to address the Commission. MR. RAY RODRIGUEZ, 39417 Palace Drive in Palm Desert, addressed the Commission. He said they only had one thought on the resolution. They were very comfortable with it. In their discussions, the topic had been addressed many times and they were hoping that perhaps they could provide parameters for that condition. They certainly could see the necessity for this during the high season months and were hoping they could frame it a little more formally in the resolution. For example, between the months of November through May, to provide the employee shuttle service, or whatever months might be deemed reasonable by the staff or this council, because it was fairly obvious that during the months of July, August, September and October there really weren't parking issues during the tam day. That would be their only suggestion. Other than that, they were fine. Mr. Drell suggested adding language that there would be a Parking Management Plan which would in essence be an administrative document that staff would work out and it could contain those sorts of details so they wouldn't have to come back to the Planning Commission all the time. He said they could add to the conditions that a Parking Management Plan approved by the Director of Community Development shall be prepared by the applicant. Mr. Rodriguez stated that they would be very comfortable with that. Chairperson Tschopp asked if there was any testimony in FAVOR or OPPOSITION to the proposed project. There was none and the public hearing was closed. Chairperson Tschopp asked for Commission comments. Action: Commissioner Finerty stated that she would move for approval with the addition of the Parking Management Plan as agreed upon by the applicant and the Director of Community Development. Commissioner Lopez 3 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2005 seconded the motion. Commissioner Campbell stated that she concurred. ONO Motion carried 3-1 (Chairperson Tschopp voted no, Commissioner Jonathan absent). It was moved by Commissioner Finerty, seconded by Commissioner Lopez, approving the findings and adopting Planning Commission Resolution No. 2345, approving Case No. PP/CUP 05-08,subject to conditions as amended. Motion carried 3-1 (Chairperson Tschopp voted no, Commissioner Jonathan absent). B. Case No. CUP 04-22 - NEXTEL COMMUNICATION, Applicant Request for approval of a conditional use permit to allow a 75- foot high monopalm wireless telecommunications tower with related equipment building at the Indian Ridge Country Club maintenance yard located south of Country Club Drive and east of El Dorado Drive. Chairperson Tschopp informed the Commission that he would need to abstain since he lives within the area of the proposed project. Vice Chairperson Lopez asked for the staff report. Mr. Urbina reviewed the main points of the staff report. He noted that two letters of opposition had been received. One property owner lives on White Horse Trail and the other property owner lives inside Palm Valley Country Club on Honeysuckle Lane just north of Country Club Drive. He explained that the main objections appeared to be aesthetics and negative impacts on the views, although the property owner on White Horse Trail was also concerned that his property values could be diminished as a result of the monopalm. Mr. Urbina pointed out that the views from that backyard were not directly toward the proposed monopalm unless the property owner made a concerted effort to look in that direction to the northwest, but the monopalm would not be directly in his line of sight looking from the windows in his rear yard. Mr. Urbina recommended approval of Case No. CUP 04-22 based on the findings and subject to the conditions. Vice Chairperson Lopez opened the public hearing and asked the applicant to address the Commission. 4 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2005 `.. MR. JOHN HALMINSKI representing Nextel Communications, 310 Commerce in Irvine, CA 92602, addressed the Commission. He stated that he read the staff report and the attached resolution and agreed to all the conditions set forth by staff. He also wanted to address the concerns of the two neighbors. One letter specifically stated diminished property values. In order for him to address that specifically for this property, he would have to conduct some type of market analysis. He didn't have that, but explained that other studies have been done in the past. He had two studies which had been done in California and one in Kansas. The two in California were for Thousand Oaks and Marin County, which was just north of the Golden Gate Bridge, both in affluent neighborhoods such as these. All three reports concluded that there had not been any diminished property values based on cell sites located in close proximity, all of them within half a mile, to residential properties. The other concern was aesthetics. He stated that they took a monopalm and disguised the antennas inside of the actual ball of the tree underneath the fronds, so it would be completely disguised within the trunk of the tree. He said he was present to answer any questions. Ulm Vice Chairperson Lopez said that his question regarding the location of the antennas was already answered and he appreciated it. Continuing with the public hearing, he asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one and the public hearing was closed. Vice Chairperson Lopez asked for Commission comments. Action: It was moved by Commissioner Campbell, seconded by Commissioner Finerty, approving the findings as presented by staff. Motion carried 3-0-1-1 (Commissioner Jonathan absent, Chairperson Tschopp abstained). It was moved by Commissioner Campbell, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 2346, approving Case No. CUP 04-22, subject to conditions. Motion carried 3-0-1-1 (Commissioner Jonathan absent, Chairperson Tschopp abstained). CHAIRPERSON TSCHOPP REJOINED THE MEETING. 5 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2005 C. Case No. CUP 05-05 - NEXTEL COMMUNICATIONS, Applicant Request for approval of a conditional use permit to allow the construction of a 65-foot high monopalm wireless tele- communications tower and equipment building at the rear of St. Margaret's Episcopal Church located at 47-535 Highway 74. Mr. Urbina reviewed the staff report and recommended approval of Case No. CUP 05-05 based on the findings and subject to the conditions. Chairperson Tschopp opened the public hearing and asked the applicant to address the Commission. MR. TOM HANNAH, 29224 Smokewood Drive in Murrieta, California, 92563, addressed the Commission. He was present representing Nextel Communications. He said it was very rare and thought they were very fortunate to have found a location such as this one where they had the ability to cohabitate with existing vertical structures and two palms in the area. He stated that the search ring was very limited. They were trying to cover Mesa View and Palms Highway and this was the only real candidate in the area and it just happened to have two existing carriers onsite. It was a perfect fit. Chairperson Tschopp 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 Tschopp asked for Commission comments. Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, approving the findings as presented by staff. Motion carried 4-0 (Commissioner Jonathan absent). It was moved by Commissioner Finerty, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 2347, approving Case No. CUP 05-05, subject to conditions. Motion carried 4-0 (Commissioner Jonathan absent). 6 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2005 D. Case No. ZOA 05-02 - CITY OF PALM DESERT, Applicant Request for a recommendation to the City Council to approve a zoning ordinance amendment amending Section 25.21.040(D) to the Second Unit Housing Requirements clarifying that a second unit may be used for personal use of the property owner and that the second unit may not be sold separately from the primary unit. Mr. Drell explained that this was purely a clarification and there was no substantive change. He said the amendment should help alleviate confusion. Chairperson Tschopp opened the public hearing and asked for any testimony in FAVOR or OPPOSITION. There was none and the public hearing was closed. Chairperson Tschopp asked for Commission comments. Action: It was moved by Commissioner Campbell, seconded by Commissioner Finerty, approving the findings as presented by staff. Motion carried 4-0 (Commissioner Jonathan absent). It was moved by Commissioner Campbell, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 2348, recommending to City Council approval of Case No. ZOA 05-02. Motion carried 4-0 (Commissioner Jonathan absent). IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Campbell reported on the last Art in Public Places meeting. 7 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2005 B. LANDSCAPE COMMITTEE ,. Commissioner Finerty informed Commission that the last meeting was canceled. C. PROJECT AREA 4 COMMITTEE Commissioner Finerty reported that the last meeting was canceled. XI. COMMENTS Mr. Drell informed Planning Commission that a large mixed product residential development would be coming before the Planning Commission in September and asked if they would be interested in a tour of an existing project in Corona. The Planning Commission requested a video, as well as directions to the existing facility. XII. ADJOURNMENT It was moved by Commissioner Campbell, seconded by Commissioner Lopez, adjourning the meeting by minute motion. Motion carried 4-0. The meeting was adjourned at 6:30 p.m. PHIL DRELL, ecretary ATTEST: ` DAVID E. TSCHOPP, Chairpers Palm Desert Planning Commission /tm 8