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HomeMy WebLinkAbout0717 �'•'� MINUTES PALM DESERT PLANNING COMMISSION TUESDAY— JULY 17, 2007 I. CALL TO ORDER Chairperson Campbell called the meeting to order at 6:03 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Schmidt led in the pledge of allegiance. III. ROLL CALL Members Present: Sonia Campbell, Chair Dave Tschopp, Vice Chair Connor Limont Mari Schmidt Van Tanner am Members Absent: None Staff Present: Lauri Aylaian, Director, Community Development Dave Erwin, City Attorney Tony Bagato, Principal Planner Ryan Stendell, Associate Planner Renee Schrader, Associate Planner Janine Judy, Sr. Office Assistant IV. APPROVAL OF MINUTES Request for consideration of the July 3, 2007 meeting minutes. Action: It was moved by Commissioner Limont, seconded by Commissioner Tanner, approving the July 3, 2007 meeting minutes with corrections. Motion carried 5-0. V. SUMMARY OF COUNCIL ACTION Mr. Bagato summarized pertinent July 3, 2007 City Council actions. MINUTES PALM DESERT PLANNING COMMISSION JULY 17. 2007 VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR None. 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 06-18 and CUP 06-15 - PATRICK YANG, JWDA, Applicant Request for a recommendation to City Council for approval of a precise plan of design and Conditional Use Permit to allow the construction of a new 88-room hotel and restaurant pad, including a height exception to allow a maximum height of 52-feet. Subject property is located at 75-144 Gerald Ford Drive. Recommend no action to be taken in order to allow staff to re-advertise the public hearing for the August 21, 2007 meeting. Chairperson Campbell opened the public hearing and asked if anyone wished to speak. There was no one and the public hearing was closed. Chairperson Campbell asked for a motion to continue to August 21, 2007. Action: It was moved by Commissioner Schmidt, seconded by Commissioner Limont, to continue. Motion carried 5-0. B. Case No. TPM 35483 AMENDMENT #1 - GF COOK & 1-10 INVESTORS, Applicant Request for approval of a tentative parcel map to subdivide a 1.42-acre lot into nine parcels located at 75-178 Gerald Ford Drive. Wo 2 MINUTES PALM DESERT PLANNING COMMISSION JULY 17, 2007 Mr. Ryan Stendell explained that this item first appeared before Planning Commission on May 1, 2007. He stated that what had been requested at that time was a one-parcel condominium map, which allowed the owner to create air-space condominiums. After the approval of that map, it came to Mr. Stendell's attention that the applicant, owner, and engineer had a miscommunication; they intended to create nine individual lots instead of air- space condominiums. There are two buildings under construction on the site and this parcel map would allow a nine-parcel spread throughout those two buildings. It would not change anything from a planning standpoint; however, it would change the mechanism of how the owner could sell his property. It would give him the ability to create nine real property lots with one common lot for access, parking, and reciprocal access to the trash facilities. He stated that the applicant was not present. Staff recommended approval of this map. Chairperson Campbell asked for any questions of staff. Chairperson Campbell noted that the public hearing was open, however the applicant was not present and could not address the Commission. Chairperson Campbell asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one and the public hearing was closed. Chairperson Campbell asked for Commission comments or action. Commissioner Schmidt asked for an explanation of zoning for new common wall individual ownerships. Mr. Stendell stated that the zoning of this property was in the Wonder Palms Master Plan and falls within an area that handles planned industrial, which is a mix of office and industrial uses and will not change. Commissioner Schmidt asked if this had been done before. Mr. Stendell stated that subdivision often occurs in Planned Industrial areas allowing owners to sell individual space. Action: It was moved by Commissioner Tanner, seconded by Commissioner Limont, adopting the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Tanner, seconded by Commissioner Limont, adopting Planning Commission Resolution No. 2448 approving Case No. TPM 35483 Amendment #1. Motion carried 5-0. WM 3 MINUTES PALM DESERT PLANNING COMMISSION JULY 17, 2M �.w C. Case Nos. PP/CUP 07-06 and DA 07-01 - KEN BERNARD, BERNARD INVESTMENT GROUP, Applicant Request for a recommendation to City Council for approval of a Precise Plan/Conditional Use Permit and Development Agreement to construct a 12-unit senior citizen apartment project located at 73-811 Santa Rosa Way. Mr. Tony Bagato reviewed the staff report and recommended approval. Chairperson Campbell asked for any questions of staff. Commissioner Tanner asked if there were elevators in either of the units. Mr. Bagato stated there were no elevators and said that staff spoke with the Building Department and with only 12-units it was not required, but all the lower units would have to be ADA accessible. Commissioner Tanner asked why there were no elevators if these units were created for senior housing. Mr. Bagato suggested asking the applicant. Commissioner Limont stated that she liked the design of the units and felt ..r they would be great in that neighborhood. Her only thought was in regards to the exception for the side yard setbacks. She thought the angle of the buildings really helped so that it's not a full solid wall at 7 foot. She stated that when you look along that neighborhood you can see that it goes up and down; single and double story. However, she thought that they had to be careful so that they don't start enclosing residents with the 7-foot setback. She felt that they did a great job moving the units so that it didn't feel that way. Mr. Bagato stated that at 24 feet they had to pitch the roofs to lighten the impact and encourage them to keep windows away. Chairperson Campbell noted that the public hearing was open and asked the applicant to address the Commission. MR. KEN BERNARD, owner of Bernard Investment Group, 3991 MacArthur Blvd. Suite 350, Newport Beach, CA 92260, said he was open to any questions and believed that Mr. Bagato presented the project exactly how he would have. Chairperson Campbell asked if the entry gate shown would require a pass. Mr. Bernard stated that each unit resident would have a ■+ pass, and that there would be a lock for the police, fire, 4 MINUTES PALM DESERT PLANNING COMMISSION JULY 17. 2007 low and emergency services personnel. As for the elevator issue, he stated that 50% of the units would be handicap accessible. When considering on putting elevators in, he looked at the economics of it, and trying to amortize the cost of an elevator over only 12 units made it a non- feasible project. Consequently, he talked with staff and Building and Safety and came up with a solution that would make 50% of the product fully handicap accessible. Commissioner Tanner asked what the age designation was for senior housing. Mr. Bernard answered that it was 62. Commissioner Tanner stated that in regards to the economics of having an elevator, he thought they would be limited to 12 handicap units and 12 units that can supply the needs of people that don't have the ability to walk up and down stairs. low Mr. Bernard stated that he was correct and explained that if they were able to amortize it over 25 to 30 years then it would make sense. Commissioner Tanner indicated that this had a prior approval in 2001, and asked if there were immediate plans to start this project. Mr. Bernard stated there were immediate plans to start and mentioned that prior to a couple of weeks ago,when they realized the agreement had not been recorded or executed, they had submitted all the construction plans and had everything ready to go, but then found the glitch and came back to the Commission. Commissioner Tanner hoped they wouldn't have to wait another six years to see the project completed. Mr. Bernard stated that it wouldn't be six months. Chairperson Campbell asked if anyone else wished to speak in FAVOR or OPPOSITION. There was no one and the public hearing was closed. Chairperson Campbell asked for Commission comments or action. 5 MINUTES PALM DESERT PLANNING COMMISSION JULY 17, 201 ..r Action: It was moved by Commissioner Schmidt, seconded by Commissioner Limont, adopting the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Schmidt, seconded by Commissioner Limont, adopting Planning Commission Resolution No. 2449 approving Case Nos. PP/CUP 07-06 and DA 07-01. Motion carried 5-0. IX. MISCELLANEOUS A. Case No. DA 02-01 Amendment #1 - EAGLE 6.5 LLC, Applicant Per Planning Commission direction on July 3, 2007, presentation of a resolution denying an amendment to a Development Agreement,which would allow the increase in number of fractional shares from 4 to 12 fractional interests per home within "Stone Eagle", located west of Homestead Road, Highway 74 and the Palm Valley Storm Channel. Commissioner Limont asked if she should recuse herself since she was recused at a previous meeting regarding this case. Mr. Dave Erwin, City Attorney stated that she disqualified herself previously and should not vote; she would be abstaining. He indicated that she could remain in the Chamber. Action: It was moved by Commissioner Tschopp, seconded by Commissioner Tanner, denying request for an amendment to a Development Agreement. Motion carried 4-0-1-0 (with Commissioner Limont as an abstaining vote). It was moved by Commissioner Tschopp, seconded by Commissioner Tanner, adopting Planning Commission Resolution No. 2450 denying Case No. DA 02-01 Amendment #1. Motion carried 4-0-1-0 (with Commissioner Limont as an abstaining vote). X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Chairperson Campbell reported that the next meeting was scheduled for Wednesday, July 18, 2007. 6 MINUTES PALM DESERT PLANNING COMMISSION JULY 17. 2Q B. LANDSCAPE COMMITTEE Commissioner Limont reported that the next meeting would be in September. C. PROJECT AREA 4 COMMITTEE Commissioner Limont reported that the next meeting would be in September. D. PARKS & RECREATION Commissioner Tanner stated that they were dark today, but he had one concern and didn't know if this was the correct venue for it. He stated that he walks in Freedom Park and felt that Public Works should take a look at the grass, as it is in very poor condition. He requested that the stolonization process be reviewed. Ms. Lauri Aylaian, Director of Community Development stated that staff would pass this information on to those who would oversee this issue. XI. COMMENTS Commissioner Schmidt asked about the issue of helicopters. Ms. Aylaian stated that at the suggestion of the Planning Commission at the last meeting, she asked the City Attorney to prepare an amendment to the zoning ordinance for all residential zones to prohibit helicopters. She asked Mr. Erwin for the status of that amendment. Mr. Erwin stated they were working on this issue, however, at the moment there was a nuance involving with the police department relocating their major facility in the north sphere,which on the plans shows as a helicopter pad in a residential zone. He indicated that he was investigating the issue further. Commissioner Limont asked if we could stipulate that it be for police and fire emergencies. Mr. Erwin stated that this wouldn't be just for emergencies; their facility would be based there. Commissioner Limont understood, but what she meant was with the exception of police, fire, and ambulance; in other words, not having this in residential areas. Mr. Erwin felt there was a different way to do it rather than create an exception and have someone argue that they be an exception as well. It may entail a General Plan amendment or a change of zone for that facility. Chairperson Campbell asked Mr. Erwin to keep them abreast of the process. 7 MINUTES PALM DESERT PLANNING COMMISSION JULY 17. 2007 .r Ms. Aylaian introduced the new Associate Planner, Ms. Renee Schrader. Ms. Schrader comes to the City with a deep background in landscape architecture, which is a great thing for the department. She also has experience in historic preservation and has both planning and public works background. The Commission welcomed Ms. Schrader. Chairperson Campbell noted that the next meeting would be August 21 and asked for a motion to adjourn. XII. ADJOURNMENT It was moved by Commissioner Tanner, seconded by Commissioner Limont, adjourning the meeting by minute motion. Motion carried 5-0. The meeting was adjourned at 6:35 pm. TONY BAGATO, Acting Secretary YT'S T: SONIA M. CAMPBELL, Chairperson .r Palm Desert Planning Commission /jj MW 8