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HomeMy WebLinkAbout0520 MINUTES PALM DESERT PLANNING COMMISSION TUESDAY - MAY 20, 2008 6:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Vice Chair Tanner announced the passing of the Chair on May 10 and commended David Tschopp on his dedication and service to the city, noting that he joined the Planning Commission in January of 2001 and gave his time and a considerable amount of effort to keep Palm Desert the way he wanted to see it. Chair Tschopp was a resident of Palm Desert for many years and would be missed. A moment of silence was held in honor and remembrance. I. CALL TO ORDER Vice Chair Tanner called the meeting to order at 6:01 p.m. II. ROLL CALL Members Present: Van Tanner, Vice Chair Sonia Campbell Connor Limont Mari Schmidt Members Absent: None Staff Present: Lauri Aylaian, Director of Community Development Bob Hargreaves, Deputy City Attorney Tony Bagato, Principal Planner Kevin Swartz, Assistant Planner Missy Grisa, Assistant Planner Ryan Stendell, Senior Management Analyst Mark Diercks, Transportation Engineer Phil Joy, Associate Transportation Planner Spencer Knight, Landscape Manager Tonya Monroe, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Limont led in the pledge of allegiance. MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 IV. ELECTION OF OFFICERS Election of Chairperson and Vice Chairperson. Action: It was moved by Commissioner Campbell, seconded by Commissioner Schmidt, by minute motion, electing Van Tanner as Chairperson and electing Sonia Campbell as Vice Chairperson for the remainder of the current unexpired term, with the intent that for the next term that Van Tanner remain as Chair and Connor Limont to be Vice Chair. Motion carried 4-0. V. APPROVAL OF MINUTES Request for consideration of the April 15, 2008 meeting minutes. Action: It was moved by Commissioner Limont, seconded by Commissioner Schmidt, approving the April 15, 2008 meeting minutes. Motion carried 4-0. VI. SUMMARY OF COUNCIL ACTION Ms. Aylaian summarized pertinent May 8 and May 15, 2008 City Council actions. VII. ORAL COMMUNICATIONS None. VIII. CONSENT CALENDAR A. Case No. PMW 07-23 - D.R. HORTON LOS ANGELES HOLDING COMPANY, INC., AND TOM INCE, Applicants Request for approval of Parcel Map Waiver 07-23 to allow a lot line adjustment between Lot 32 of Tract 31836-1 and Lot 488 of Tract 2283 for building purposes on property located at 43-346 Tennessee. B. Case No. PMW 08-104 - MERNE KELLEY AND IRONWOOD OWNERS ASSOC. I, Applicant 2 MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 Request for approval of Parcel Map Waiver 08-104 to allow east and south lot line adjustments for Lot 40 for building purposes on property located at 73-566 Fox Tail Lane. C. Case No. PMW 08-133 - MONTEREY GATEWAY PARTNERS, LLC, Applicant Request for approval of Parcel Map Waiver 08-133 to allow a lot line adjustment between Parcels 6 and 9 of Parcel Map No. 34843 for property located at 34-250 Gateway Drive. Action: It was moved by Commissioner Limont, seconded by Commissioner Campbell, approving the Consent Calendar by minute motion. Motion carried 4-0. IX. 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. Reports and documents relating to each of the following items listed on the agenda are on file in the Department of Community Development and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m. - 5:00 p.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, (760) 346-0611. A. Case Nos. GPA, C/Z AND PP/CUP 08-10 - PALM DESERT REDEVELOPMENT AGENCY AND COUNTY OF RIVERSIDE DEPARTMENT OF FACILITIES MANAGEMENT, Applicants Request for approval of a General Plan Amendment from Resort/Hotel Commercial (C-R/H) to Public/Quasi-Public Facilities (PF); a Change of Zone from Planned Residential-5 (PR-5) to Public Institution (P); a Precise Plan of Design and Conditional Use Permit to allow the construction and operation 3 MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 of a new Riverside County Sheriff Station totally approximately 85,496 square feet with a 20-foot by 20-foot rooftop helipad for emergency purposes, 470 parking spaces, a hazardous waste storage area, a fleet fueling station, wash bay for oversize vehicles and bioswales for stormwater pollution management. The project site is located on the south side of Gerald Ford Drive, east of Monterey and west of Portola Avenue. The site includes a 10-acre portion of APN 653-740-001, also known as 73-700 Gerald Ford Drive; and adoption of a Mitigated Negative Declaration of Environmental Impact as it relates to the project, pursuant to Section 15074 of the California Environmental Quality Act (CEQA). Mr. Bagato reviewed the project in detail. He indicated that there were a couple of changes to the Department of Public Works conditions of approval which had been distributed to Commission. Based on the findings and environmental review, staff recommended approval. With regard to Leed certification and new Title 24 mandates coming down, Commissioner Limont asked what the difference was between the two and if there was a significant difference. Mr. Bagato clarified that Title 24 just dealt with energy. Leed certification went beyond energy. Energy was part of it. Bioswales would help toward the Leed certification. It was using green products, recycled material, but that wasn=t part of Title 24. Title 24 was California=s Energy Code. Ms. Aylaian added that to get points toward Leed certification for energy conservation, energy had to be conserved above and beyond what was required by the local jurisdiction; therefore, if they used Palm Desert=s very restrictive energy code as a starting point, they would get zero points towards Leed certification. They had to go above and beyond that and be even more energy conserving. Commissioner Limont asked if this project was up and above that. Ms. Aylaian explained that there were six different areas to earn points. Energy conservation was one of the areas. She didn=t believe they could get Leed certification without earning points in each of the areas and suggested that perhaps the applicant could address that more in depth, but she thought they had some points in that category, which would mean they were even more energy conserving, or that they=ve used alternative forms of renewable 4 MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 energy sources in the design. Mr. Bagato also noted that they were providing solar panels on the rooftops. Chairperson Tanner thought this facility would not be an incarceration center, and asked if there would be holding cells. Mr. Bagato replied that there would be some holding cells for short-term, but it would not be a jail facility. Chairperson Tanner noted that the plan was only using a third of the area and asked if there were future plans. Mr. Bagato explained that the whole parcel is owned by the Redevelopment Agency (RDA). The ten acres under discussion would be sold to the County for the Sheriff=s Station. The rest of the land was vacant and dedicated for commercial. He confirmed that all they were reviewing was the shaded area identifying the Sheriff=s Station and the rest of the site was currently zoned for Planned Residential, but identified as Resort Commercial in the General Plan. It was all owned by RDA. Chairperson Tanner asked for and received confirmation that the hours were 24 hours, 7 days a week. Commissioner Limont asked if staff was using an assumption that the helicopter would be there 12 times a year. Mr. Bagato said that was correct. Commissioner Limont asked about the ones currently going overhead that were emergency vehicles and where they came from. Mr. Bagato said there was someone from the Sheriff=s Station in the audience that could answer that, but he thought they came from Indio. Commissioner Limont asked if they would be coming from this new facility. They weren=t infrequent. Mr. Bagato deferred to the Sheriff=s Station representative. Commissioner Limont noted that there were condos next door and possible development on the other. Chairperson Tanner thought that was a good question for the applicant. Mr. Bagato stated that it was his understanding that there wouldn=t be a helicopter housed at this new facility, it was just for emergency purposes. Chairperson Tanner opened the public hearing and asked the applicant to address the Commission. MR. BOB WOLF, HDR Architects in Pasadena, stated that they are the architects on the project and he was present to answer any questions. He stated that there were no specific holding cells in the project. The only restraints were some handcuff rings on the benches, 5 MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 but there would be no cells built in the facility; that would throw it into a completely different category. Commissioner Campbell asked about the helicopter. Mr. Wolf said the Sheriff=s Department was represented, but believed that the fleet was based in Thermal. There would be no specific helicopter based at the proposed facility. LT. FRANK TAYLOR, Assistant Chief of Police for the City of Palm Desert, explained that the helicopters that currently fly in the valley were provided by the Sheriff=s Department and by California Highway Patrol. Both of them were housed regularly down in Thermal and they wouldn=t be housed at the Palm Desert facility at any time. The new Thermal station, which was in the planning stages, had a hanger setup for the Sheriff=s Department helicopter to be housed down at that location. He hoped that answered the question. Those were the only two in the valley on a regular basis. There were no other questions. Chairperson Tanner asked for testimony in FAVOR. There was none. He asked if there was any testimony in OPPOSITION. There was none and he closed the public hearing and asked for Commission comments. Commissioner Campbell thought it was a great location for the building and to have the facility here in Palm Desert. She moved for approval. Commissioner Limont thought it fit with the architecture in the area. She asked if this would be County property once it was approved. Mr. Bagato confirmed that it would belong to Riverside County. Commissioner Limont seconded the motion. Action: It was moved by Commissioner Campbell, seconded by Commissioner Limont, adopting the findings as presented by staff. Motion carried 4-0. It was moved by Commissioner Campbell, seconded by Commissioner Limont, adopting Planning Commission Resolution No. 2475, recommending 6 MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 to City Council approval of GPA, C/Z, PP/CUP 08-10, subject to conditions as amended, and a Mitigated Negative Declaration of Environmental Impact as it relates thereto. Motion carried 4-0. B. Case No. TPM 35978 - PALM DESERT ASSOCIATES, L.P., Applicant Request for approval of a Tentative Parcel Map to subdivide a .97-acre parcel with an existing 9,886 square foot building into five separate parcels with common parking for sale purposes. Subject property is located at 73-760 Dinah Shore (APN 653- 250-058). Mr. Swartz reviewed the request and recommended approval, subject to conditions. Commissioner Schmidt asked for clarification that the existing building would be divided into five parcels, not the ground it was sitting on. Mr. Swartz confirmed it was just the building. Commissioner Schmidt asked if it was being condominium-ized. Mr. Swartz confirmed that it was for sale purposes. Commissioner Limont asked how long the building had been there. Mr. Swartz noted that it was approved on October 4, 2005 by the Planning Commission. Chairperson Tanner opened the public hearing and asked the applicant to address the Commission. There was no response; Mr. Swartz confirmed that the applicant wasn=t in attendance. Chairperson Tanner asked for testimony in FAVOR or OPPOSITION to the proposed tentative parcel map. There was none and he closed the public hearing and asked for Commission comments. Commissioner Campbell noted that they have had similar requests before them and moved for approval. Commissioner Limont seconded the motion. 7 MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 Action: It was moved by Commissioner Campbell, seconded by Commissioner Limont, adopting the findings as presented by staff. Motion carried 4-0. It was moved by Commissioner Campbell, seconded by Commissioner Limont, adopting Planning Commission Resolution No. 2476, approving Case No. TPM 35978, subject to conditions. Motion carried 4-0. C. Case Nos. DA 07-02, PP 07-11 and CUP 07-14 - LARKSPUR ASSOCIATES, LLC, AND PALM DESERT REDEVELOPMENT AGENCY, Applicants Request for a recommendation to City Council for approval of a Development Agreement, Precise Plan of Design, Conditional Use Permit and Mitigated Negative Declaration of Environmental Impact, to allow the construction of a new three- story 106-room boutique hotel and two-story condominium unit including 16 three-bedroom lockout rooms (48 keys maximum) totaling a maximum of 154 units/keys. The project includes 203 underground parking spaces, a restaurant area, gift shop, conference and meeting rooms, spa, and amenities including a roof deck pool and bar, roof deck garden and roof deck patios on 11 of the 16 condominium units. The project is located at 45-400 Larkspur Lane, also known as APNs 627-262-008 and 011. Mr. Bagato reviewed the proposed project, and based on staff=s review, recommended that Planning Commission recommend to the City Council approval of Case Nos. DA 07-02, PP 07-11 and CUP 07-14. Commissioner Limont noted that Mr. Bagato mentioned that in the event of an emergency, the hotel could be used as a community cool station. She asked if that would be for residents of Palm Desert or just for hotel guests. Mr. Bagato answered that it was supposed to be for Palm Desert residents. Using a scenario of it being August and getting hit with a major earthquake and no facilities for a week with the hotel at capacity, Commissioner Limont asked how many people the facility could accommodate and where they 8 MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 would be put. She was asking because if they were using that as part of the selling points, she wanted to know what they were looking at as a community. Mr. Bagato stated that they were working on the development agreement and land transaction. The land was currently owned by RDA (Redevelopment Agency) and those specifics were being worked out and the applicant could probably address that in further detail. He didn=t foresee the hotel being sold out in August, but if it was, there was the lobby area and potentially the underground parking would be cooler than normal. They were working on those specifics before start of construction. There would also be conference and meeting rooms that could be used, as well as a spa and workout room. If they didn=t have power, Commissioner Limont asked what was going to run the cooling system in this building. Mr. Bagato said they would provide an emergency generator on-site to run the building and air-conditioning. Commissioner Limont asked for how long. Mr. Bagato wasn=t sure. Commissioner Limont said those were some of the things they had to ask if they were going to put it out there as a place where folks could go. Mr. Bagato agreed. He said if they received approval, they would work on those details before they pull construction permits. Commissioner Schmidt noted on the first page of the staff report that 16 units were proposed as condominium units for financing purposes and they were not intended to be permanent residential units. She asked if that meant it would be built in two phases. Mr. Bagato said no, it would be built in one phase, but, for example, if they had a $40 million loan for the whole project, it was more difficult to finance. In comparison, with a condominium map, they could have 16 owners of the condominiums that would be part of the rental pool and then one owner of the hotel, so they could split up the loans. But the intent, and it was a condition of approval, was that they couldn=t be used for living purposes. They were still going to generate TOT (transient occupancy tax) and act like a hotel, they were just going to have individual owners instead of just one for the whole project. They could potentially have 16 different owners. There were no other questions. Chairperson Tanner opened the public hearing and asked the applicant to address the Commission. 9 MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 MR. WILLIAM DE LEEUW, the Managing Member of Larkspur Associates, LLC, commended staff on the completeness of the staff report. After reading it, he said it took most of the wind out of his presentation because it covered everything he was going to present. But he did want to go back over some of their goals for this project. After looking at the project and talking to people in the city, neighbors and other people and what they felt should be accomplished from the Shadow Mountain area, they said they should make it look residential. They shouldn=t violate any height along Shadow Mountain and should only be the 24 feet allowed on Shadow Mountain; that the project should be lower than The Gardens; that it should be less dense on the south and then transition to the commercial and heavier density closer to El Paseo. He thought the architects did an excellent job doing that. He noted that the project was twice as dense close to El Paseo as it would be on the Shadow Mountain side. On the south half of the project there was a total of 48 rooms and on the north half 106 rooms. He thought Mr. Bagato covered quite a bit of the benefit to the community; a four-star plus hotel in an under-represented area. They had a lot of hotels in the city, but there was nothing quite like a boutique hotel in this area. It would fill a void in the market, one that each city in the Coachella Valley desired to fill. Everyone would love to have something in their downtown area that was similar to this project. One other thing that was not in the staff report that they had been working on with their designers was the historical element in the city. On this site was originally a hotel called Fire Cliff. They wanted to bring in some of the elements and worked with the Historical Society to bring some of those elements into their lobby, as much as possible. As far as naming, they hadn=t gotten that far. There had been suggestions from people that they try to name it after that, but there were problems, mainly because there was a restaurant by that name, they might not want that name, and their operators may not want it, so it was an open thing. 10 MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 Mr. De Leeuw said that Mr. Bagato covered the Leed certification and also the emergency generator and cool room. Their plan, and he thought there was a question by Ms. Limont on where that would be, and he thought it would be in their meeting rooms, in the area they use for conventions, meetings and public spaces, as well as the restaurants. If it had to be other places in the summer, they would probably have vacant rooms, especially the suites, which were fairly large and could house quite a few people. They weren=t talking about housing for a prolonged basis, but for 24 to 72 hours until power could be turned on. Something in that range. He hoped that it wouldn=t be a lot longer than that, but one never knew. One thing that had been sensitive, and the neighbors in their meeting asked them, was outdoor music. He said they have no plans for outdoor music. They didn=t propose it because he didn=t think it would fly too well. He said he would be happy to answer any questions. Most of the presentation that he was going to make was covered in the staff report, so he didn=t want to be redundant. Commissioner Schmidt asked about the proposed build-out time frame. Mr. De Leeuw said ideally, within the next six months. That would be six months from City Council. They have a development and disposition agreement with the Palm Desert Redevelopment Agency that required them to get finished plans, get financing, and start during that period of time. So their goal was to start construction during that period of time. They=d been told 18 months, but they might be able to speed that up a bit, because 18 months hit the market at the wrong time and they would love to hit that five months earlier than that. Whether that was feasible or not, he didn=t know. One other thing that might effect the exact timing was the financing market right now; it was a little tougher now than it was six months or a year ago, but it looked like it was getting better. They didn=t get to make all the decisions themselves and a little bit was out of their hands. Commissioner Campbell asked about the parcel zoned Commercial that went into the parking lot where Mama Gina=s is located and if that would be 11 MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 open in case of an emergency so that flow of traffic could go in and out, not regular traffic, but the hotel or in an emergency situation, or if they would be closing that. Mr. De Leeuw said right now there was a 24-foot easement from El Paseo that goes to that Commercial property. The hotel, as proposed, didn=t have a legal access to that and they couldn=t use it for parking or anything else. The Fire Department had access and that easement couldn=t be built on. It was technically owned by the 10-unit condominium project to the east of the project. He also said the Board of Directors of the Shadow Cliff Homeowners Association passed a resolution endorsing their project; that was the property directly to the east. Chairperson Tanner noted that Mr. De Leeuw made a statement about being able to control the noise on some of the decks on the second story. He wanted to make sure the noise was controlled, because other inhabitants of the hotel would not want to come back. Mr. De Leeuw said having been in the hotel business before, he could assure them that the hotel management was more concerned about noise than probably anyone else, because it amounted to basically a refund. In other words, if they had someone in the room making noise, people on either side if they were kept up or disturbed, the first request was for a refund and refunds were the most expensive way to solve the problem. Security guards, imposition of restrictions, everything else was a lot cheaper for them and a lot more cost effective. They had probably more incentive to keep noise under control than almost anyone else. Commissioner Campbell asked if the restaurant and bar in the hotel would be open to the general public. Mr. De Leeuw said yes. His goal when they started was to keep it to a bare minimum, but for the certification for four stars that they wanted, that required a full-service public restaurant, and they were even smaller than they wanted, they would to like them larger, but his 12 MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 general historical philosophy was that hotel restaurants didn=t make money, so keep them as small as possible. But to answer the question, yes, open to the public, access directly to the street on Larkspur, and they also had to have 24-hour room service. Commissioner Campbell said that even if it was a four-star restaurant, they would have something open 24 hours a day for their clientele. Mr. De Leeuw said unfortunately they have to have that. Commissioner Campbell reiterated that he had to have that besides room service. Mr. De Leeuw said yes. Chairperson Tanner noted that Mr. De Leeuw mentioned a bar on the rooftop. Mr. De Leeuw said yes, there were actually two bars. One at the pool on the rooftop and the other bar adjacent to the restaurant on the ground floor. Chairperson Tanner asked if the bar on the rooftop would be open to the public. Mr. De Leeuw said the bar would be, the pool technically would not. Because of the liquor license rules, any bar with a Type 47 license was open to the public. Chairperson Tanner noted that the hours would be limited to 12:00 a.m. on Friday and Saturday. Mr. De Leeuw concurred. There were no other questions for the applicant. Chairperson Tanner 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 Tanner asked for Commission comments. 13 MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 Commissioner Limont said she was thinking along the same lines regarding noise as Chairperson Tanner. They had just gone through a pretty horrific situation with another vendor on El Paseo and the neighborhood, so there was a concern when they added alcohol, vacation time, and free time and then they have folks living in the neighborhood. So she had real concerns with regard to having a pool and a bar on the third story in a neighborhood. And this was a neighborhood. There were still folks living there. If they were the person who lived next door in the condos that had a two-year old, how would they feel if it was midnight on a Friday night and people were having a good time? She thought they needed to take that into consideration. But she also thought it would be great to have a hotel close to El Paseo. The ability for folks to visit Palm Desert, walk to the shops and restaurants, and to really just enjoy that area was terrific. But she was hesitant at this point with regard to the third story, with regard to the pools up there, and with regard to bars up there. Commissioner Campbell thought the problem that occurred with the other project was not just loud music, but amplified music. She didn=t think there would be a request approved for amplified music. So that wouldn=t be allowed for this restaurant / hotel, even though it would be on the rooftop and there would be certain hours to be adhered to with regard to selling alcohol. She was happy to have it on El Paseo, as many of her clients requested boutique hotels so that they could walk to the shopping area instead of driving from Palm Springs to El Paseo. She didn=t think they would be having any increased traffic because as people came, they would park there and just walk to the other restaurants and to the shopping. She didn=t have any problem with the heights. The Shadow Mountain area would be 24-25 feet, just like the other two-story apartments across the street; the Gardens structure would be taller than this hotel. She was in favor of the project. Commissioner Schmidt said she had to admit that when she first saw this project she went, oh no, here we go. But there had been an incredible amount of work put into this project from everyone=s standpoint, she was quite certain. And it really was site specific and looked great, and she 14 MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 particularly liked that they front loaded it on Larkspur. The main thrust of what was going on was on that side of the street which faced Saks Fifth Avenue. She was very pleased with that. She was also pleased to see that the condominium element tried to meet the height restrictions and the density restrictions and didn=t impose itself on the residential community as much as a plan like this could do. She was a little disappointed that it seemed busy to her, it seemed architecturally busy, but she knew it was a tough site to get that kind of density on and thought they had done an amazing job with it. She said wasn=t even going to argue about the height because of The Gardens across the street; she thought it worked. And thankfully they had a fall in the ground elevation to the north which helped a lot. If this was sitting on flat ground and they came with three stories, she would not be at all in favor. So with that, she was in favor of this project. Chairperson Tanner was also a little concerned about the presence of a bar and a pool in a pavilion-type of area and walk space on the roof. He thought that Palm Desert needed a boutique hotel downtown Palm Desert, he was just a little concerned about the bar sitting on top of the roof with the pool, rooms around it, etc. He just wondered if something could be accomplished with room service also providing bar service from downstairs. It might be a little less convenient and maybe that was what he was looking for. He was in favor of the project and thought it was going to do exactly what they wanted it to do, and that was to bring people down to Palm Desert and let them walk El Paseo. But again, he was a little bit concerned about the bar itself and he was not going to pull his vote just based on that, but encouraged the developer to look at something different and maybe City Council, after hearing the Planning Commission, would look for something a little different. But he thought it was something needed in Palm Desert, he was just sorry there was an inclusive bar on top. Action: It was moved by Commissioner Campbell, seconded by Commissioner Schmidt, adopting the findings as presented by staff. Motion carried 3-1 (Commissioner Limont voted no). It was moved by Commissioner Campbell, seconded by Commissioner Schmidt, adopting Planning Commission Resolution No. 2477, 15 MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 recommending to City Council approval of DA 07-02, PP 07-11, CUP 07-14 and a Mitigated Negative Declaration of Environmental Impact as it relates thereto, subject to conditions. Motion carried 3-1 (Commissioner Limont voted no). X. MISCELLANEOUS A. Case No. PP 07-12 - DAVID NELSON, Applicant Request for approval of a preliminary building site for a Hillside Planned Residential property located at 72-340 Upper Way West (APN: 628-130-008). Mr. Stendell explained that staff was recommending a continuance of this item for two weeks in order to do some public noticing. Erring on the side of caution, staff was recommending a two-week continuation. He was ready give a full staff report, otherwise, staff would return with the project in two weeks and present it then. Commissioner Campbell asked about the public noticing since this was a Miscellaneous item. Mr. Stendell stated that with the hillside area, there was never any harm in erring on the side of caution. In this case, even though they were talking in a very preliminary level and not entitling anything, because they were talking about the hillside and because it was such a sensitive area, they were going to do the public noticing as required by the ordinance, even though the section of the ordinance they were discussing could be argued that it wasn=t required. But he thought it was the right thing to do to notice it and come back in two weeks. Commissioner Campbell suggested hearing the staff report in two weeks. Mr. Stendell concurred. It was noted that this would be the only item for the June 3 meeting. Ms. Aylaian suggested that it be heard on June 3 with apologies to the applicant. This was a new ordinance and was the first time this clause or ordinance had been used and staff read through it three times and decided that technically, it didn=t have to be a public hearing with the noticing, but there was concern expressed from neighbors and staff determined that noticing would be a fair interpretation of the ordinance. It was a little ambiguous and staff felt when in doubt, it was appropriate to give 16 MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 everyone enough notice and because we have kept the applicant waiting, she suggested meeting on June 3. Commission concurred. Commissioner Schmidt asked for and received confirmation that there was enough time to give notice for the June 3 meeting. Chairperson Tanner asked for a motion. Action: It was moved by Commissioner Campbell, seconded by Commissioner Schmidt, by minute motion, continued Case No. PP 07-12 to June 3, 2008. Motion carried 4-0. XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Campbell reported that the next meeting would be May 21, 2008. B. LANDSCAPE BEAUTIFICATION Commissioner Limont reviewed the items discussed at the last meeting. C. PROJECT AREA 4 COMMITTEE Commissioner Schmidt indicated that the meeting was canceled and the next meeting would be in June. D. PARKS & RECREATION Chairperson Tanner informed the Commission that there would be a study session next Thursday regarding the community center. It was scheduled from 10:00 a.m. to 12:00 p.m. He stated that he would update the Commission on that meeting June 3. XII. COMMENTS 17 MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 None. 18 MINUTES PALM DESERT PLANNING COMMISSION MAY 20, 2008 XIII. ADJOURNMENT It was moved by Commissioner Schmidt, seconded by Commissioner Campbell, adjourning the meeting by minute motion. Motion carried 4-0. The meeting was adjourned at 7:09 p.m. ______________________________ LAURI AYLAIAN, Secretary ATTEST: _____________________________ VAN G. TANNER, Chair Palm Desert Planning Commission /tm 19