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HomeMy WebLinkAbout0918 MINUTES PALM DESERT PLANNING COMMISSION TUESDAY - SEPTEMBER 18, 2007 I. CALL TO ORDER Chairperson Campbell called the meeting to order at 6:03 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Tanner led in the pledge of allegiance. III. ROLL CALL Members Present: Sonia Campbell, Chair Dave Tschopp, Vice Chair Connor Limont Mari Schmidt Van Tanner Members Absent: None Staff Present: Lauri Aylaian, Director of Community Development Dave Erwin, City Attorney Tony Bagato, Principal Planner Ryan Stendell, Associate Planner Renee Schrader, Associate Planner Kevin Swartz, Assistant Planner Tonya Monroe, Administrative Secretary IV. APPROVAL OF MINUTES Request for consideration of the September 4, 2007 meeting minutes. Action: It was moved by Commissioner Tanner, seconded by Commissioner Limont, approving the September 18, 2007 meeting minutes. Motion carried 5-0. V. SUMMARY OF COUNCIL ACTION Ms. Aylaian summarized pertinent September 13, 2007 City Council actions. MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18. 2007 VI. ORAL COMMUNICATIONS +� MS. ELLEN (aka Nelley) KELLEY, a property owner on Shadow Mountain Drive, Palm Desert, California, stated that she was present because of a conditional use permit request at 73-000 Grapevine for short-term vacation rentals. She informed Commission that she lives behind that house and has been in touch with Assistant Planner Kevin Swartz and Director of Community Development Lauri Aylaian. She indicated that the request was originally planned to be scheduled for September 18, but was canceled. She knew the Planning Commission couldn't really comment on the item since it wasn't on the agenda, but her neighbor wanted her to appear and speak. She told the Commission that she has lived and worked in the valley since 1979. She is a professional who raised her children in that house, has paid taxes since 1980 in Palm Desert, and she felt that any consideration of the request would be a debacle and would open Pandora's box in a quiet residential neighborhood. Ms. Kelley said there was a party with 100 people attending. That was told to her by her neighbor who counted and also the policeman who went there. There have been ongoing parties nearly every weekend until 4:00-5:00 a.m. She thought the people who bought the house were just enjoying it, but according to the policeman who went up there in May, when she finally called the police, when he asked to speak to the property owner he was told that the property owner wasn't present, just the property manager who is part of a company called Home's Run. The house was bought and renovated for parties, for commercial events, and they've had dance floors, screaming and yelling until 4:00 or 5:00 in the morning. There has been valet parking on Grapevine. Her next door neighbor, who was supposed to be at the meeting but wasn't yet, lives next door to them and she absolutely can't sleep at all. She works and is a professional as well. Ms. Kelley was told that at this big party for 100 people, someone had a heart attack and the ambulance was called. The EMS system couldn't get near the property because of the parking on Grapevine. They had to park in the neighbor's driveway, pull their striker gurney out, run next door, salvage the person, and bring them back to their ambulance. When this item actually comes up on the docket, Ms. Kelley said she would like to do a power point presentation. She said she's the mom who collected 1,000 signatures 12 years ago and worked with Jeff Winklepleck to get the skate park put together. She said she loves Palm Desert and the Council 2 ..r MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18. 2007 members have always made really good decisions. She thought putting a commercial venture in a residential neighborhood was opening Pandora's box and would destroy it. She was planning to go to the Marriott, to the Ritz, and to the small hotels down the street on Shadow Mountain to get their input. She has sought legal counsel and would bring all her information to the meeting. She hoped she could attend because she does work. She was told the applicant wants more time to prepare. There was another party this weekend. She has been in touch with Code Compliance Officer Shawn Kilpatrick, who has been very supportive, and she understood from the policeman and Shawn that they need to have a transient occupational tax and a liquor license to do this, so Mr. Kilpatrick wrote them a letter to cease and desist by June 15, 2007. They were pretty quiet all summer, then they had a blowout party for eight hours on Saturday. She called the police and asked them to come to her house first. The policeman went into her backyard and said the noise was ridiculous and said he would tell them if they didn't stop he would arrest them for public drunkenness if he had to come back. There were a lot of young people there who may have been under age, she didn't know. She just felt that she has been put into a very vulnerable position; she has had to come out and expose herself, because she felt these people have no concern for the citizens of Palm Desert. She was all for capitalism and owns several properties in Palm Desert and has a 14-unit commercial building in Palm Springs, but she would never treat her neighbors like this. She thought it was extremely arrogant and completely self-serving. She thanked the Commission for listening and said she would be back for the public hearing. MS. JEANNE BRUNING, a home owner on Grapevine, said she lives right next to the house requesting the conditional use permit. She understood the meeting for this project had been postponed. Her concern was she didn't want to miss it. Her understanding was that this house was purchased for the supreme purpose of having parties. She said she received a letter in her mail box for a party. If they had looked into it, they would have realized that being on a hillside, everything carries. She could be in her backyard at 10:00 p.m. at night and talk at a normal level to someone and it carries to her neighbor's home. She just wanted to let the Commission know that she and her family were against the proposed use of this property for three-day rentals for parties. MS. CARRIE BERGERSEN, a resident on Grapevine, said she was present to back up Nelley Kelley because she lives right next door. She said her residence was a little removed from being immediately next door, but sound "" 3 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 1% 2907 carries and they can hear the noise. Not only that, they hear the traffic on no Grapevine even though they have a machine there that's posted with 30 mph and it flashes when someone goes beyond that or under it. At night they are sound asleep and they can hear motorcycles and all kinds of crazy cars going by there and they are in a very quiet, nice part of Palm Desert. Their street has always been very nice. They have very nice neighbors and a lot of adult people on that street and she was sure if this meeting was postponed to November, which is what she heard but wasn't sure because she didn't think a date had been set, but if they wait until November, they would have a lot of people here against this. She was and didn't want to see that part of Palm Desert becoming a party place. Not only that, there would be drinking, drunk drivers, and police would be able to be on Grapevine giving out tickets, making a lot of money for the City or Riverside County. She was present to voice her opinion and was against the proposed project in their quiet, residential neighborhood. It wasn't a party neighborhood. They all have parties in the fall. They have little cocktail parties that are over at 8:30 or 9:00 p.m., that was about the latest. But that was all she wanted to say for now. MS. LILLI MANDELIK, a resident on Grapevine next door to the property in question, stated that she was planning to come back in October when the meeting is supposed to be, but since she was at the meeting now, wanted to take the opportunity to speak. She said she has written letters, sent emails ..r and made phone calls and wanted to let the Commission know that it has already had a tremendous impact. Living next door to this property has been a disaster. They started having these short-term rental people in there, and as they already heard from other neighbors, it has always been a relatively quiet street and neighborhood. She is a divorcee who works hard and likes to go home and enjoy her garden and her pool on the weekend and she has not been able to do that recently. She asked that all of them consider it as if this situation was next door to them. She was appealing to them as a neighbor,just saying that her feeling is if people want to buy rental property, they should do that in a neighborhood that is already zoned for rentals and not move into a family neighborhood. They are primarily families and retirees and want peace and quiet. She wasn't sure if they knew, but there was an incident this last weekend where the police were called. She was out of town and heard from her neighbors. It was exactly what they were afraid of: loud partying, young kids, alcohol, the whole bit, and she was afraid this would be happening every weekend now and she would want to move out of her neighborhood. It's a family home and they have owned it for 30 years and she would like to stay there for the next 30 years if she could, but she wouldn't if this CUP is approved. She thanked them for listening. 4 .rr MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 2007 Chairperson Campbell explained that the Commission didn't have any information about the issue yet, and when it did come before them, she hoped everyone could attend. VII. CONSENT CALENDAR A. Case No. PMW 07-16 - BIG HORN PARTNERS, LLC AND BIGHORN DEVELOPMENT, LLC, Applicants Request for approval of a parcel map waiver to allow a lot line adjustment for property located on the corner of Andreas Canyon Drive and Cahuilla Falls at 962 Andreas Canyon Drive, more particularly described as APN's 652-280-007 and 652- 150-019 within Bighorn. Action: It was moved by Commissioner Tschopp, seconded by Commissioner Tanner, approving the Consent Calendar by minute motion. Motion carried 5-0. 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 Nos. PP 07-01 and TPM 34567 - RENATA TYLER / LONGS DRUGS, Applicant Request for approval of a precise plan of design to allow the construction of a new 15,785 square foot Longs Drugs store and a tentative parcel map to merge six existing parcels into one. The project includes demolition of a 31-room hotel known as the Palm Desert Lodge. The property is located at 74-527 Highway 111. Mr. Bagato reviewed the staff report and recommended approval. He noted that a few of the Department of Public Works conditions of approval had been reworded, 'but were basically the same, and a copy had been distributed to Commission. um 5 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 2007 Commissioner Schmidt said it is a wonderful project, but asked if anyone no looked at the location of the trash facilities since it was so close the apartment building and if that had been addressed. Mr. Bagato replied that it was looked at, but was determined to work best in the proposed location. He indicated that the applicant would be installing a minimum eight-foot high wall to try and address noise issues and there would be ten feet of landscaping. From an overall site perspective, staff thought it wouldn't conflict with parking and they didn't want trucks close to Highway 111; next to the loading area was the best location. Commissioner Schmidt had hoped there would be a little room that would tuck it against the walls of the building rather than the divider wail between the properties. If that could be relocated elsewhere, that would be more beneficial to the existing residents behind it. Chairperson Campbell asked if there would be a left lane turning from Deep Canyon into the project. There were two lanes coming across Highway 111 going south from Deep Canyon, and there could be three or four cars wanting to make a left turn and the distance from the entrance to Highway 111 isn't large. If there were five or six cars trying to get in, there would be congestion on Highway 111. She was wondering if there would be a left-hand turn. Mr. Bagato said there was a free left currently because there was no way to get back down Deep Canyon for the residents that are heading northbound to the site that want to get back, so Public Works left the .r potential left-hand turn. They weren't anticipating a lot of traffic going to the left because the majority of the traffic would be Highway 111, but there would be a potential for left turns. Staff didn't think the majority of users would come from a southbound direction, but there was a potential for that. Chairperson Campbell asked where he thought people would go to enter, use the Frontage Road and Shadow Mountain to get into the parking lot? Mr. Bagato said that is what was being anticipated. When people go to John's restaurant, most people use that turn pocket and they anticipate more to occur there than turning right on Deep Canyon than a left into the site. Chairperson Campbell said she drove around the site and tried to get out of the present exit and had to sit in the parking lot for a long time before she could move over and make a left-turn on Highway 111. So that one exit would be moved farther away from Highway 111, but she thought it would still be pretty congested. Also, on Shadow Mountain Road, if someone leaves from there and goes down the Frontage Road to the traffic signal, she wondered how many new people would know how to exit through there. If they go the other way, they could get lost on Driftwood. She also thought there might be a problem with the parking Ingress and egress. Mr. Bagato said given that the site is surrounded by three streets and with the bus stop 6 �' MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 2007 Now on Highway 111, there was really no alternative. There is an existing driveway being removed and moved farther down to alleviate some of that concern, but without prohibiting access on Deep Canyon, which he didn't think would be a good idea, there was really no way to address that. Chairperson Campbell said that was why she asked if there was going to be a special lane for a left turn on Deep Canyon to enter. Mr. Bagato said as far as he knew, there wouldn't be a special lane. There were no other questions for staff and Chairperson Campbell opened the public hearing and asked the applicant to address the Commission. MR. JOHN VUKSIC, Prest Vuksic Architects located at 44-530 San Pablo Avenue in Palm Desert, was present with the rest of the project team to answer questions. Commissioner Tschopp noted there were some Commissioner comments about traffic and asked if other alternatives were looked at or if this was something the City proposed as far as traffic flow on this parcel. Mr. Vuksic said he would have Mr. Dennis Mitchum address that in more detail. He believed they did desire access at Highway 111, which was not possible, but thought Mr. Mitchum could provide more detail. MR. DENNIS MITCHUM, E.F. Moore Company, a preferred developer for Longs Drug, 4488 Thatcher Road in Ojai, California, said when they first investigated this project in December and January, they met with the Public Works Department and explored all the different alternatives for access to the site. They were constrained from any other access points on Shadow Hills Drive because of the stacking distances that were hoped for for the right turns. And because of the location of the stop light on Highway 111, staff didn't want any penetrations on Highway 111. With the existing configuration on Shadow Hills Drive and the slip road there, they ended up working with the Public Works Department and the project civil engineer to arrive at the access configuration being shown. They tried several versions and talked it out with Public Works to come up with something practical in their minds. Commissioner Limont asked for and received confirmation that the drive-thru for the pick up was on the right. Commissioner Limont indicated that a ... 7 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18. 2007 person using the drive-thru needed to go completely around the building to no exit back out to the left or out to the right. Mr. Mitchum said that was correct; it's a nice wide drive aisle and wasn't under sized. He believed it would work without a problem. Chairperson Campbell asked what he thought about the stacking of the cars on Deep Canyon trying to make a left-turn onto the property; Deep Canyon is a pretty busy street. Mr. Mitchum answered that given the existing conditions, the understanding from the project civil engineer and the Public Works Department is that it wouldn't cause a significant impact to the existing traffic service level in that area. Chairperson Campbell noted that the hotel isn't a retail store. There are quite a few people who use a drug store and go in and out. A hotel doesn't have as much traffic. Mr. Mitchum said he didn't have a better answer then that. There was some discussion about the reality being that a great number of their customers would be coming from a close proximity. ..r Mr. Bagato said that in preliminary discussions with Public Works, given that there are three streets around the property, any time there are three streets around a commercial site it is difficult for access, and for any type of commercial use they would need a driveway on Deep Canyon. Ultimately, they felt that with their driveway being farther down, that was the best design. They anticipated this problem with any use at this location beyond the existing hotel. A project coming in to revitalize this site would need access on Deep Canyon and with the fact that they can't get access off of Highway 111, this was the nature of this project site. So Public Works was okay with the conditions. If they had wanted anything else done, they would have conditioned the project. They felt it was an acceptable driveway location to alleviate some of the concerns. Chairperson Campbell asked what would happen in the future if traffic congestion develops. Who would do other lanes or improvements? Mr. Bagato said that there were no plans to widen Deep Canyon in the future because of building constraints. The decision staff came to was that any commercial development could cause an access problem because they would have to make a left off Deep Canyon to the project site and any 8 +�+ MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 2007 Now commercial center was going to want access on Deep Canyon because they are restricted from having one on Highway 111. They knew this would be the situation and they had to look at the best solution they had to work with; staff felt this was the best approach. Commissioner Tanner asked if staff conducted a traffic study at that corner. He indicated that corner is congested, specifically going north. The south route on Deep Canyon accesses the apartments and other things. He was just curious if a traffic study was done. Mr. Bagato said they reviewed the General Plan which has street designation traffic counts from the EIR which was done in 2004 and they compared it with any design. Staff didn't anticipate that traffic on Deep Canyon would increase much in the future because it is pretty much a built out street to Fred Waring. Large increases were not anticipated in the future. There would be an increase compared to the hotel, but not an increase which would necessitate major mitigation measures. Chairperson Campbell noted that in the memo from Frankie Riddle, the bus shelter might be closed during construction and evaluated later to see if it was needed; Chairperson Campbell asked why that would be necessary. Mr. Bagato explained that was kind of a standard comment. If a bus route is not „r servicing that location at the time the project starts construction, then they are not necessarily required to put in a bus stop. But there is already an existing bus route and it would not be closed. Mr. Vuksic mentioned that across the street (Highway 111) to the north of this project is the Albertson's shopping center, which also has two access points and one of them is on Deep Canyon and that's the one he uses when he goes in there. That has a use that would be many many times as intense as the proposed use and he has never noticed even one or two cars waiting to turn into the center. He threw that out to kind of put it into perspective. Chairperson Campbell indicated that the Albertson's center has two entrances on Deep Canyon and one on Highway 111. Mr. Vuksic didn't believe the access on Highway 111 allowed a left- turn entrance, so it was pretty limited; people tended to use Deep Canyon. Chairperson Campbell agreed and indicated there are two on Deep Canyon. �. 9 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 19, 20Q7 Mr. Vuksic said the project entrance is a couple hundred feet away •+ from Highway 111 and there was room for several cars if they did have to wait. As he mentioned, he hadn't seen any stacking at Albertson's at Deep Canyon. Commissioner Tanner asked if he had seen any stacking or anticipated stacking going out of Shadow Hills east in front of John's and the Holiday Express. That is a slow traffic signal there by Embassy Suites. A customer can come in off of Highway 111 and use the Shadow Hills entrance and also exit Shadow Hills, turn left and go on the Frontage Road, go down to the light and turn left. Mr. Vuksic said that was right. Exiting Shadow Hills, someone could turn right along the frontage road past John's and use the light further east by Embassy Suites. Chairperson Campbell noted that there was a stop sign there first before making a left turn to get to Highway 111. Commissioner Tanner said the problem with that particular light is that it takes a long time to change. He didn't know if that could be addressed. Also, two cars was about all they could get turning left. He also thought there might be a bit of a problem coming out on Deep Canyon and wanting to turn left at Highway 111; there wasn't enough room to move to the left as quickly as maybe one would like. .rr Those were two different topics: one concern was the stacking at the light at Embassy Suites, and if coming out of the Deep Canyon entrance/exit to turn west on Highway 111, it doesn't allow much room to get into that left-hand lane. That could cause some backing up. Mr. Vuksic said he would refer back to the Deep Canyon access into the Albertson's shopping center. They are crossing lanes and there's an intersection; across the street there are cars coming out of the gas station and there didn't seem to be a problem. He said he frequents John's quite a bit and that light does seem to take a long time and there wasn't a lot of room there. If there were cars, you're stuck there until the light turns green. Commissioner Tanner said that might have to be addressed if it becomes a problem, but he thought the project was beautiful and would really enhance that corner. Mr. Vuksic said they were very excited about the design. 10 •0 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 2007 Chairperson Campbell asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed project. There was no one. Chairperson Campbell closed the public hearing and asked for Commission comments. Commissioner Limont said it is a beautiful building, it meets all the requirements, and was very well done. Commissioner Tanner pointed out that they were getting rid of one of Palm Desert's oldest buildings. He said they should take pictures and let's go ahead and put in the Longs Drug store. He thought it was really going to enhance that corner. He indicated that he does have a couple of concerns shared by a couple of the other Commissioners and hoped they weren't creating a nightmare down there from an ingress / egress situation at that corner. But he was in favor of the project. Commissioner Tschopp agreed that it is a beautiful building. It didn't even look like a drug store. He thought it would be a great improvement to that corner and neighborhood. It's a difficult corner to engineer for traffic, but he thought staff and the applicant had done a great job with what they have to work with. He agreed with staffs analysis that it won't be a problem and Deep Canyon is built out and there shouldn't be a lot more traffic going down there; Hospitality Lane has always been a problem and they just have to allow a little more time to get tacos. Commissioner Schmidt also thought it was a wonderful project and said it was a treat to look at a presentation like this; it is really magic. She said Mr. Vuksic does wonderful work. She thought the problem with Deep Canyon is that it narrows as it passes this property and that would probably be a problem. She didn't think there was parking on the west side of Deep Canyon next to the Subway building, but that would help if that was eliminated. She did have some concern about the trash location, but it wasn't enough to vote against the project, but thought it would be nice if they took another look at it. Chairperson Campbell indicated that project would be quite an asset to the community, and with Mr. Vuksic doing the work, they never have any problems with how the buildings look. She too hoped there wouldn't be any problems with the traffic. She noted that there hasn't been a problem at Walgreens. She also hoped they have a lot of business and if there is a traffic problem at times, that would be better for the business and we want successful businesses. She asked for a motion. '�" 11 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2007 Action: It was moved by Commissioner Tschopp, seconded by Commissioner Tanner, adopting the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Tschopp, seconded by Commissioner Tanner, adopting Planning Commission Resolution No. 2455 approving Case Nos. PP 07-01 and TPM 34567, subject to conditions as amended. Motion carried 5-0. B. Case No. ZOA 07-02 - CITY OF PALM DESERT, Applicant Continued public hearing from September 4, 2007, regarding recommendation to the City Council for approval of a Notice of Exemption and an amendment to Title 25 (Zoning)of the Palm Desert Municipal Code adding and amending Sections 25.04.361 through 25.04.363, 25.15.024, 25.22.033, 25.23.015, and 25.24.026 to prohibit helicopter fields, heliports, helistops and similar facilities at residentially zoned properties. New public hearing requesting recommendation to the City ,■r Council for approval of a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding and amending Section 25.64 allowing heliports, helicopter fields and helistops as a temporary use permit only within non-residential zones in the city. Ms. Aylaian indicated that at the last Planning Commission meeting, a new ordinance was introduced that would specifically prohibit helicopter landing pads and helicopter facilities in residential zones. The helipads and helistops are currently not permitted in residential zones or any where in the city. Because the Zoning Ordinance is silent to such facilities in residential zones, they are prohibited. Nonetheless, there was a desire that the prohibition be made explicit rather than implicit, so an amendment was proposed to specifically prohibit such facilities in residential zones. At the request of the Planning Commission, staff took another look at an approach for this. There was a direction that staff expand this such that landing facilities also be prohibited in commercial zones. Or if it was permitted, that it be permitted through a temporary use permit. So staff went back and revisited the whole issue and the current amendment to the Zoning Ordinance before the Commission took a different approach from the previous one. It addresses 12 "r MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 2007 temporary uses in all zones. What it says is that heliports, helipads, and helicopter landing facilities are only permitted by issuance of a temporary use permit in commercial zones. Such facilities are not permitted in residential zones. This would allow the landing of helicopters in specific instances in commercial zones if a permit is issued as a staff level decision which does not require a public hearing or coming before the Planning Commission, but for an event such as a helicopter landing for a fund raising event, if staff and the director of the department review the application and determine that it does not compromise the health, safety or public welfare, then a special permit can be issued and a helicopter could land in a commercial zone. Otherwise, the prohibition on landing facilities in residential zones remains implicit and it is now explicitly says in commercial zones that no landing facilities are permitted unless a TUP has been issued. Commissioner Schmidt asked about the duration of temporary use permits. Mr. Bagato said temporary use permits are limited to ten days per property. For example, the mall could have a ten-day temporary use permit and Wal- Mart could have a ten-day temporary use permit. Every specific commercial location would be allowed ten days per year. For special events such as parking lot Christmas tree sales, temporary use permits are 30 days. Mr. Bagato thought helicopter TUP's could be on a case by case basis, or they ,r could perhaps limit the number of landings per year as a whole citywide, but it is typically ten days per year for every commercial property. Commissioner Schmidt said if, as an example, someone had a golf tournament at Bighorn and the press wanted to get in there and there was a dignitary like the President, then that would be issued a one-time event and they would have the remaining days of the allowable ten days to do it again. Ms. Aylaian said it would be reviewed on a case by case basis, so if an application was made for the landing of a dignitary at Bighorn for a golf tournament, they would take a look at that and if staff felt it was appropriate, it would be approved for that one date and then technically, they could come back for another temporary use with an application still within the same calendar year. Commissioner Schmidt asked for confirmation that it is very implicit that temporary means exactly that, it is a one-time deal with some play to it. Ms. Aylaian said yes. Commissioner Schmidt asked about the different residential zones, since they have Sections 25.14, 15, 16, etc., but do not have 25.10, 25.12 or 25.21; 25.10 is agricultural. She asked if that meant they could land helicopters in unimproved agricultural zoning. Mr. Bagato said there was no longer any agricultural zoned land. Commissioner Schmidt asked about ow 13 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 2007 Sections 25.12 and 21. Ms. Aylaian said one was is second use housing occurring in residential zones and the other is for residential districts. Again, because the proposed zoning amendment calls that the TUP can only be issued for commercial, industrial or public institutional zones, it would exclude 25.12 and 25.21, both of which are residential. Commissioner Schmidt clarified that it was not necessary to add them. Ms. Aylaian said that was correct. Commissioner Schmidt said she just heard it said that a helicopter could not be landed in those places as well. Ms. Aylaian said that was correct. Commissioner Schmidt reiterated that it was not required to be spelled out. Ms. Aylaian didn't believe it was necessary, but it could be if the Commission requested it. Mr. Erwin stated that basically the Commission had before them two proposals; one was the original proposal which called out specific sections. What they were now suggesting is that they not do that, but go to the other which is a blanket provision which eliminates all residential, so they didn't need to specifically call out each particular zone. Ms. Aylaian referred to the new staff report dated September 18 as opposed to the September 4 staff report which called out specific sections. Commissioner Schmidt noted that the language talks to depositing and picking up passengers and refers to a helicopter that would be carrying more than one person, the pilot plus others. She stated that the folks who land in their area of the hill are single pilots, no one was in the chopper with them .r sometimes. She asked if they were leaving a loop hole any where. Mr. Erwin said no. Commissioner Schmidt asked for confirmation that whether someone was alone or had four passengers, it didn't matter and was prohibited. Mr. Erwin concurred. Chairperson Campbell asked if the Bighorn Institute had a heliport pad of their own. Ms. Aylaian answered that they don't. Chairperson Campbell asked how the house there was zoned. Ms. Aylaian replied open space. Chairperson Campbell asked for confirmation that there was no heliport there. Ms. Aylaian said that was correct. Chairperson Campbell asked if the Department of Fish and Game would need a temporary use permit to look at the sheep. Ms. Aylaian thought all of the Bighorn Institute property was located outside the city limits in the county, so Palm Desert doesn't have jurisdiction there. There were no other questions for staff. Chairperson Campbell opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed amendment. There was no one and the public hearing was close . Chairperson Campbell asked for Commission comments or action. 14 "r MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18. 2007 ... Action: It was moved by Commissioner Limont, seconded by Commissioner Tschopp, adopting the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Limont, seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2456, recommending to City Council approval of Case No. ZOA 07-02, to approve a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding and amending Section 25.64 allowing heliports, helicopter fields and helistops as a temporary use permit only within non-residential zones in the city. Motion carried 5-0. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES No meeting. B. LANDSCAPE BEAUTIFICATION No meeting. C. PROJECT AREA 4 COMMITTEE Commissioner Limont reported on the last Project Area 4 Committee meeting actions. D. PARKS & RECREATION Commissioner Tanner indicated he was unable to attend the last meeting. ... 15 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18. 2007 Xl. COMMENTS no A. With regard to trees, Commissioner Limont asked for confirmation that when trees are approved as part of a landscape plan, if a tree dies, it has to be replaced. Ms. Aylaian explained that when a project is approved, a maintenance agreement is entered which requires that the landscaping be maintained and includes replacement. Commissioner Limont noted that the Vons in the Palms to Pines area, the Staples parking lot, and the Bed, Bath and Beyond parking lots are all looking weak. When they see something like that, Ms. Aylaian encouraged the Commission to pick up the phone and call the City's landscape folks. Ms. Aylaian knew there had been some ongoing problems. The Palms to Pines lot is going through a rehabilitation project that will replace a great deal of landscaping. Also, in Desert Crossing she knew they've worked actively with the management company over the last several years trying to replace some of their trees. Ms. Aylaian thought they would see kind of an evolution in the city's history with the parking lots and landscaping that have been approved in years previous. They didn't have a lot of success with the trees. .r The planter beds were relatively small and because they saw a continued struggle with trying to get trees to survive, they have now increased the size of the planter beds so the roots don't get cooked under the pavement. In the last two or three years, the projects have all been required to have a minimum six-foot by eight-foot planter bed for the trees, specifically because we haven't had good success in parking lots. So City staff has learned over the years what is needed and she thought with the recent projects that have larger planter beds, they will have greater success. But when they see specific instances, she asked that they please let Spencer Knight know. Commissioner Limont said she spoke to Spencer and he said to report it to Code Enforcement, so she was just bringing it up and asked if she should talk to Code. Ms. Aylaian said she would coordinate the two departments to make sure something happens and specifically with Palms to Pines, Vons, and Desert Crossing. B. Commissioner Limont said she had an article she thought would be good for everyone that talks about a situation up north in the peninsula area south of San Francisco and some of the issues that come up are solar related. If someone wants to put solar on their 16 .•+ MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18. 2007 home and someone else wants to have trees or have a wall, or someone doesn't like the look of the solar, those were just some of the issues that have come up. C. Ms. Aylaian informed the Commission that at the City Council meeting, Council approved a pay increase for the Planning Commission. D. Ms. Aylaian reported that there were no public hearing items ready for the October 2 meeting, so it would be canceled. As well, some staff and Commissioners would be at the APA conference. She said we could be up to six public hearing items on the October 16 meeting. Generally they try to keep it to no more than five and they would continue to try to keep that, but one or two look like they shouldn't be controversial, but they won't be ready for October 2. Ms. Aylaian also asked about the November meetings. The first meeting is scheduled for November 6, which is election night. In the past, she understood that the Commission has chosen not to meet on election night. This year is not an election year in the city of Palm Desert, so if the Commission would like to meet, staff has items that will be ready to be heard. They might need to meet in a different meeting room at City Hall because there are polling places here. The second meeting in November is Thanksgiving week. There were items that need to be heard in November and if the Commission is not opposed to meeting on November 6, they could have that meeting and potentially cancel the second meeting if they wanted a break. Or they could meet both times or not at all. She was looking for direction. Chairperson Campbell said previously the Commissioners who have been there a while never had a problem with the Tuesday Thanksgiving week or on election night, it was just one Commissioner who was interested in not being there on election night, so it didn't make any difference to her. They have always been there for those two meetings in November, and she was sure the hearing for Grapevine was scheduled for sometime in November. Ms. Aylaian believed they were looking at the second meeting in October or the first meeting in November. Some of the neighbors indicated they were seasonal residents and they wanted to be in town for this, so it was pushed back. Mr. Swartz confirmed it would be October 16. Chairperson Campbell asked if that was the meeting there would be six public hearings. Ms. Aylaian said yes. Commissioner Tanner am 17 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18. 2007 suggested that if they currently have it planned, we continue with our aw meetings. He didn't think anyone had a problem. If they don't have a quorum on the Tuesday before Thanksgiving, they don't have a meeting. Chairperson Campbell said they usually have met on the Tuesday before Thanksgiving, so there shouldn't be a problem there. Ms. Aylaian reiterated that meetings on election night and Thanksgiving week were both okay. Chairperson Campbell said it was better to have a few public hearings spread out then have so many. Ms. Aylaian said they would work harder on getting the six down to five for the October 16 meeting, because there seem to be great interest in that one item. She confirmed that there would not be a meeting October 2. XI1. ADJOURNMENT It was moved by Commissioner Tanner, seconded by Commissioner Schmidt, adjourning the meeting by minute motion. Motion carried 5-0. The meeting was adjourned at 7:07 p.m. LAURI AYLAIAN, Secretary ATTEST: ONIA M. CAMPBELL, Chairperson Palm Desert Planning Commission /tm 18 ma