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HomeMy WebLinkAbout0804 MINUTES PALM DESERT PLANNING COMMISSION TUESDAY — AUGUST 4, 2009 I. CALL TO ORDER Chairperson Tanner called the meeting to order at 6:00 p.m. II. ROLL CALL Members Present: Van Tanner, Chair Connor Limont, Vice Chair Sonia Campbell Nancy DeLuna Mari Schmidt Members Absent: None Staff Present: Lauri Aylaian, Director of Community Development Jill Tremblay, Acting City Attorney Tony Bagato, Principal Planner Kevin Swartz, Assistant Planner Missy Grisa, Assistant Planner Christina Canales, Assistant Engineer Tonya Monroe, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Limont led in the pledge of allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Aylaian explained that due to the summer City Council schedule, there hadn't been a meeting since the last Planning Commission meeting. V. ORAL COMMUNICATIONS None. VI. APPROVAL OF MINUTES Request for consideration of the July 21, 2009 meeting minutes. MINUTES PALM DESERT PLANNING COMMISSION AUGUST 4, 2009 Action: It was moved by Commissioner DeLuna, seconded by Commissioner Campbell, approving the July 21, 2009 meeting minutes. Motion carried 5- 0. VII. CONSENT CALENDAR A. Case No. PP/CUP 08-251 — CODY SMALL, RADIUS RETAIL ADVISORS, Applicant Request for approval of a one-year time extension for Case No. PP/CUP 08-251 which allows construction of a 128-room Holiday Inn Hotel located at 36-400 Technology Drive. Request for ratification of a two-year time extension granted by AB 333 which applies to tentative tract and parcel maps that expire on or after July 15, 2009, and before January 1, 2012, unless a development agreement provides otherwise, for the following: B. Case No. TT 28818 — MARRIOTT SHADOW RIDGE, Project A tentative tract map for 999 timeshare units and an 18-hole golf course located at 36-750 Monterey Avenue. Project has a 20-year development agreement which expires 12/10/2018. C. Case No. TT 31490 — PONDEROSA HOMES 11, Project A tentative tract map subdividing an 87.45-acre site for 237 single family lots located at 74-000 Gerald Ford Drive. AB 333 extends the expiration date to 09/21/2013. D. Case No. TT 32655 — DESERT WELLS 237, Project A tentative tract map subdividing 69.26 acres into 270 single-family lots located at Gerald Ford Drive, Portola Avenue and Cook Street. AB 333 extends the expiration date to 03/01/2013. Project has a ten-year development agreement which expires 03/08/2017. E. Case No. TT 33719 — RJT HOMES, Catavina Project A tentative tract map for 159 single-family homes on an 18.67-acre site at 38-301 Portola Avenue. AB 333 extends the expiration date to 05/11/2012. 2 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 4, 2009 F. Case No. TT 33837 — SPANISH WALK, Project A tentative tract map for 755 residential units, 605 condominium/single-family units, and 150 apartment units at 76-000 Gerald Ford Drive. AB 333 extends the expiration date to 12/08/2013. G. Case No. TT 34055 — PALM DESERT FUNDING COMPANY, UNIVERSITY PARK, Project A tentative tract map for 244 single-family homes on a 42.2- acre site at 74-255 Gerald Ford Drive. AB 333 extends the expiration date to 04/04/2012. Project has a 10-year development agreement which expires 03/08/2017. H. Case No. TT 34057 — PALM DESERT FUNDING COMPANY, UNIVERSITY PARK, Project A tentative tract map for 141 single-family homes at 36-200 Pacific Avenue. AB 333 extends the expiration to 04/04/2012. Project has a 10-year development agreement which expires 03/08/2017. I. Case No. TT 34074 — PALM DESERT FUNDING COMPANY, UNIVERSITY PARK, Project A tentative tract map for 72 single-family homes on an 81.6- acre site at 74-300 College Drive. AB 333 extends the expiration date to 04/04/2012. Project has a 10-year development agreement which expires 03/08/2017. J. Case No. TT 31676 — CORNISHE OF BIGHORN, Project A tentative tract map to subdivide 11.87 acres for two home sites located west of Indian Cove, adjacent to the "Canyons of Bighorn" golf club. AB 333 extends the expiration date to 02/12/2013. K. Case No. TPM 34211 — WILSON JOHNSON CRE, Project A tentative parcel map subdividing 83.2 acres into 22 parcels located between Portola Avenue and Cook Street north of Gerald Ford Drive. AB 333 extends the expiration date to 04/18/2012. 3 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 4. 2009 L. Case No. TPM 34437 — GERALD FORD BUSINESS PARK, Project A tentative parcel map for a 100,500 square foot mixed use retail/office center with a two-story parking structure including one 4,500 square foot bank, four retail/restaurant spaces totaling 16,000 square feet, and 2 two-story office/retail buildings totaling 62,000 square feet located at 75-300 Gerald Ford Drive. AB 333 extends the expiration date to 08/24/2012. M. Case No. TPM 34567 — CVS/CAREMARK (previously Longs Drugs), Project A tentative parcel map for a 15,785 square foot drug store that also merged six existing parcels into one at 74-527 Highway 111. AB 333 extends the expiration date to 09/18/2012. N. Case No. TPM 35483 Amendment #1 — GF COOK & 1-10 INVESTORS, Project A tentative parcel map to map a 1.42-acre parcel into nine parcels at 75-178 Gerald Ford Drive. AB 333 extends the expiration date to 07/17/2012. O. Case No. TPM 35982 — WILLIAM POPE/JHA ENGINEERING, INC., Project A tentative parcel map subdividing a 1.16-acre parcel with an existing 21,262 square foot office / industrial building into 13 separate parcels, including air space for condominium sale purposes located at 74-794 42nd Avenue. AB 333 extends the expiration date to 08/05/2012. P. Case No. TPM 36137 — MOLLERS GARDEN CENTER, Project A tentative tract map subdividing a 12.17-acre parcel into four parcels for sale purposes located at 72-235 Painters Path. AB 333 extends the expiration date to 12/02/2012. Ms. Aylaian requested a brief description by the City Attorney on the very long Consent Calendar. Ms. Jill Tremblay explained that Consent Calendar Item Nos. B thru P were because of new legislation, AB 333, 4 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 4, 2009 that was signed into law and became effective on July 15, 2009. AB 333 granted an automatic two-year time extension for parcel maps and tentative tract maps that have been approved. Since this new legislation is an automatic extension, even if the Planning Commission chose to deny it, it would still be in effect, but they wanted to have it here on the public record so they could keep record of these items and make sure they knew they were part of this legislation. If any of the Commissioners wanted to request that any of these items be pulled from the Consent Calendar, they could. Chairperson Tanner clarified that was items B thru P. Ms. Tremblay concurred. Chairperson Tanner asked if there was a motion to approve. Action: It was moved by Commissioner Campbell, seconded by Commissioner Limont, approving the Consent Calendar by minute motion. Chairperson Tanner asked for discussion. Commissioner Schmidt requested that Item Nos. B, D, G, H, I and J be pulled from the motion. The reason was that in many of the cases, those were a minimum of 10-year agreements. The Marriott is a 20-year agreement. There is also a part of the law that talks about a six-year discretionary extension. She wanted to know if they put the two years in, if they get another six years on top of that if they decide to do it. It was very vague. Ms. Tremblay confirmed that the two years was in addition to the six-year discretionary extension. Commissioner Schmidt noted that they have one project that has preliminary approval to the year 2018. Ms. Tremblay and Ms. Aylaian clarified that when a development agreement exceeds the time extension granted by AB 333, the development agreement entitlement stays in place. Commissioner Schmidt asked why they were on the agenda if they are exceptions to the two-year bill. Ms. Aylaian explained that part of the exercise in doing this is to get into the public record where it can be searched and retrieved so that when there are questions in the future as to when particular entitlements expire, staff can, from a computer, put in the name of a development, or a parcel map number, and retrieve that information. Entering it into the agenda and minutes makes it technologically easier to retrieve all that information. So we have as housekeeping items selected all of the open tract maps and parcel maps that would be impacted by this and put them on the agenda with the appropriate expiration date, whether it be impacted or not impacted by this two years, so it puts it there for posterity so it can be found and referred to in the future. Commissioner Schmidt asked how staff finds it now. Ms. Aylaian explained that staff is in the middle of switching from a hard copy file system to an electronic one; right now all 5 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 4, 2009 the new cases that come in are scanned and can be retrieved by searching the name of the developer, the name of a particular project or parcel map number, or case number. They have files that are 12-inches thick that were put together 10-15 years ago and modified over the years. It is difficult for them to keep track of this information, which is why they are going to the electronic system. They were trying to get things more readily retrievable so that it is available for the public if they ask questions and so staff can keep track of it better. Commissioner Schmidt noted that this was basically a housekeeping effort and as Ms. Aylaian explained it, none of these developments, with the exception of Item A, requested the two-year extension. This was simply to adhere to the new law which took effect July 15, 2009. Ms. Aylaian said that was correct. Commissioner Schmidt asked if any developer on the list was aggrieved by this action, what would be the ramifications. Ms. Aylaian believed they get a two-year extension regardless of whether they want it or not. It had been granted by the state. Mr. Bagato said they didn't have to build. Commissioner Schmidt said they could build sooner. Ms. Aylaian concurred. Just because they have more time, didn't mean they had to use it. They could still build according to their original schedule. There was no other discussion. Chairperson Tanner called for the vote. 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 No. CUP 09-291 — DESERT GYMNASTICS ACADEMY, Applicant Request for approval of a conditional use permit to operate a gymnastics practice facility in the Service Industrial District at 75-140 St. Charles Place, Suite D (APN: 632-050-011). Assistant Planner Missy Grisa reviewed the staff report and recommended approval of Case No. CUP 09-291, subject to conditions. Commissioner Schmidt asked what time the latest class or workout would be; did it start at 8:00 p.m. or end at 8:00 p.m. Ms. Grisa explained that classes would run Monday thru Thursday 10:00 a.m. to 11:00 a.m., 1:00 6 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 4,2009 p.m. to 3:00 p.m., and 5:00 p.m. to 8:00 p.m.; Saturdays would be 9:00 a.m. to 12:00 p.m. and there would be no classes on Sunday. Commissioner Limont asked about the age of the children. Ms. Grisa deferred the question to the applicant. There were no other questions for staff and Chairperson Tanner opened the public hearing and asked the applicant to address the Commission. MS. LEA WRIGHT, 75-140 St. Charles Place, Suite D, explained that this is a small gymnastic practice facility. They have ages 0 thru 4 in the mornings and then in the evening hours ages 7-12 or 14. Chairperson Tanner asked if this was a new academy just starting up. Ms. Wright said it is a brand new academy. Chairperson Tanner asked if she was a split off from a different group here in town. Ms. Wright said no; they did belong to another group, but they are just their own private, separate group. Chairperson Tanner asked about their lease. Ms. Wright said it was for one year. Commissioner DeLuna noted that Ms. Wright said that their students were ages 0 to 4 and ages 7 to 14. When the tiny ones come, the parents would have to stay as well. Ms. Wright confirmed that the parents stay, but there would only be two or three at a time that would come in. Commissioner DeLuna indicated there would be three instructors and asked if there was any staff, or anyone in administration, that also works there. Ms. Wright said no. Commissioner DeLuna asked for confirmation that there were no business offices. Ms. Wright said no. 7 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 4. 2009 Commissioner DeLuna asked how many students in the 0 to 4 age group they had at a time. Ms. Wright said three to four. Commissioner Schmidt asked if Ms. Wright expected most of the participants to enter off that back door or if they would come through the front. Ms. Wright clarified that there was only one entrance. In the photograph, there was plywood where the actual door will be. There was kind of a service door, but the glass one was being installed. There were no other questions. Chairperson Tanner asked if anyone wished to speak in FAVOR of or in OPPOSITION to the proposed project. There was no one and the public hearing was closed. Chairperson Tanner asked for Commission comments. Commissioner DeLuna expressed concern about parking. She noted that the parking studies were done in the middle of July. They were also not done during the middle of the day. Her concern was with as many as 18 people at a time, even though not all of the cars would be parked the entire time, during the middle of the season, St. Charles Place is heavily congested with traffic. If they have tiny ones coming to a gymnastics class, they were probably going to have to go into the back and turn around. It was a horribly congested turning place and there were service trucks, construction trucks back there, so it was going to be heavily congested. So she was concerned about traffic. Commissioner Limont agreed. She thought there was enough parking, but it is an industrial area and a busy area. As they move forward, she cautioned the applicant to take care with these children. She was in there and it was tough to turn around. Commissioner Campbell thought that the children would be brought by their parents, so they wouldn't be dropped off at the street. Also, between the hours they would be having classes, from 9:00 a.m. to 8:00 p.m., they have split hours. She didn't think there would be any problem with the parking. Commissioner Limont thought there should just be awareness, because there are a lot of trucks in the area. Chairperson Tanner noted it is an industrial area. Commissioner DeLuna was concerned about the safety of the little ones, concerned about the turnaround in the back, and about parking congestion 8 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 4, 2009 later in the season. She thought it wasn't really an ideal area for a gymnastics training facility. Commissioner Schmidt noted that there appeared to be some parking just outside and asked if there was any designated parking for the gymnastics facility. She asked if there would be a ten-minute loading where they are safe against the building instead of having to cross the parking area. Ms. Grisa pointed out their entrance, noting that there was a fence around it. It was different for every vehicle, but when she did her parking counts, the turning radius was adequate for her, but she was in a smaller car. While she was there, it was right before and right after practice times to see how many people were coming and dropping off their children, or picking them up. The only time she really saw people was one day and there were three cars from parents that were there. Their children walked in and out with them. In addition to this back parking area, she didn't see any designated parking spots, but she would let the applicant confirm if there were specific spaces to park in. There were additional ample parking spaces off street that wasn't that far of a walk, and if the parents are walking their children, she thought that was fine. She typically saw parents come right to the back door and drop them off. Chairperson Tanner asked if there was designated striping for parking at this location. Ms. Grisa said there is designated striping. Ms. Grisa asked the applicant if they had specific parking stalls. Ms. Wright said they have six spaces right along their building by the door. Chairperson Tanner asked if that was within the fenced area. She said there are two inside the fenced area and four on the outside in front of the door. Commissioner Schmidt wondered if a couple of them could be designated as short-term parking for drop off. Ms. Wright said the two inside the gate could be designated drop-off parking. Chairperson Tanner wanted the applicant to have that awareness of their safety concerns and he was sure she would address it. Commissioner Schmidt also suggested a sign saying children, so people would slow down; she shared Commissioner Limont's concern because that is a very busy contractor's building supply area and they are always in a hurry in those trucks. She asked that they please be very cautious. 9 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 4. 2009 Action: It was moved by Commissioner Schmidt, seconded by Commissioner Limont, approving the findings as presented by staff. Motion carried 4-1 (Commissioner DeLuna voted no). It was moved by Commissioner Schmidt, seconded by Commissioner Limont adopting Planning Commission Resolution No. 2510, approving Case No. CUP 09-291, subject to conditions. Motion carried 4-1 (Commissioner DeLuna voted no). B. Case No. CUP 98-10 Amendment #2 — ST. JOHN'S LUTHERAN CHURCH, Applicant Request for approval of an amendment to Conditional Use Permit No. 98-10 to allow St. John's Lutheran Church to expand and add a second-story to an existing multi-purpose room. As part of the expansion, an existing office storage building will be demolished. The property is located at 42-695 Washington Street. Assistant Planner Kevin Swartz reviewed the staff report and recommended approval of Case No. CUP 98-10 Amendment #2, subject to conditions. Commissioner DeLuna noted that Mr. Swartz said that during high season, the applicant has authorization to use adjacent properties for overflow parking. She asked how many additional sites they needed and how many sites they had at the adjacent parking approximately. Using a photo, Mr. Swartz pointed out the locations. Commissioner DeLuna asked about their normal parking requirements during season. Mr. Swartz explained that it was based on the size of the sanctuary. They have a total of 77 and are required to have 75. With the overflow, there were 92 additional spaces. Commissioner Schmidt asked about the closest residential community. Mr. Swartz indicated there are individual residences around, but the closest community was probably Palm Desert Country Club. Commissioner Schmidt asked if the residential area began at Cardiff Street. Mr. Swartz concurred and pointed out the location of Warner Street and indicated it was right off of Warner. Commissioner Schmidt asked for and received confirmation that no comments were received from residents that might be looking at that second story. Chairperson Tanner asked 10 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 4, 2009 about any comments from Tot Stop or the Learning Tree. Mr. Swartz reiterated that no comments were received. Commissioner Limont asked for and received confirmation that the sanctuary would be remain as is, and would not be increasing in size. Chairperson Tanner opened the public hearing and asked the applicant to address the Commission. MR. MARK VALENTINO, 77-725 Enfield in Palm Desert, stated that he is the architect for the project. He commented that the expansion is due to removing the services from the sanctuary. They were trying to spread out. Of course, they would like more in their congregation, but that was the main focus of this expansion. Commissioner Schmidt asked for confirmation that the roof line was less than 25 feet in height. Mr. Valentino confirmed it would be 24.6 maximum. There were no other questions of the applicant. Chairperson Tanner asked for any testimony in FAVOR of or in OPPOSITION to the proposed project. There was no response and the public hearing was closed. Chairperson Tanner asked for Commission comments and/or a motion. Action: It was moved by Commissioner Campbell, seconded by Commissioner Limont, approving the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Campbell, seconded by Commissioner Limont, adopting Planning Commission Resolution No. 2511, approving Case No. CUP 98-10 Amendment #2, subject to conditions. Motion carried 5-0. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES No meeting. 11 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 4 2009 B. LANDSCAPE COMMITTEE No meeting. C. PARKS & RECREATION No meeting. D. PROJECT AREA 4 COMMITTEE Commissioner Schmidt noted that there would be a meeting in August, but she would miss it. XI. COMMENTS A. Chairperson Tanner noted that the August 18 meeting was canceled and asked about September. Ms. Aylaian explained that at this point there weren't any public hearings that have been scheduled. B. Ms. Aylaian introduced the new Public Works representative, Christina Canales. She also introduced Jill Tremblay of Best, Best and Krieger, our City Attorney for the evening. Commission welcomed them. C. Ms. Aylaian noted that staff received a request from one of the Planning Commission members for some sort of identification to allow them to be identified as a Commissioner for the City of Palm Desert. As an example, there was an item on the last Planning Commission agenda which was in Ironwood, a gated community. If they were to have a card or badge to show, that would probably afford them greater access to look at the sites where future cases are being considered. Ms. Aylaian talked with the City Clerk and City Attorney to figure out how to orchestrate this, and it was determined that the best thing to do would be to issue the Commissioners a very handsome badge that would identify them as a Planning Commission member and would have the term date and a photograph. So if there was a case coming up in Bighorn or other gated communities, they would have something to show at the gate. For anyone who was interested in a badge, she had a camera and a picture could be taken at the end of the meeting or at the next meeting. It would just take a couple of days to get the badge made and issued to them. 12 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 4, 2009 XII. ADJOURNMENT It was moved by Commissioner DeLuna, seconded by Commissioner Limont, adjourning the meeting by minute motion. Motion carried 5-0. The meeting was adjourned at 6:39 p.m. LAURI AYLAIAN, Secretary ATTEST: VAN G. ANN R, Chair Palm Desert Planning Commission Am 13