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HomeMy WebLinkAbout2010-11-16 PC Regular Meeting Minutes MINUTES PALM DESERT PLANNING COMMISSION TUESDAY — NOVEMBER 16, 2010 I. CALL TO ORDER Chairperson Limont called the meeting to order at 5:59 p.m. II. ROLL CALL Members Present: Connor Limont, Chair Mari Schmidt, Vice Chair Sonia Campbell Nancy De Luna Van Tanner Members Absent: None Staff Present: Lauri Aylaian, Director of Community Development ... Jill Tremblay, Assistant City Attorney Tony Bagato, Principal Planner Christina Canales, Assistant Engineer Missy Grisa, Assistant Planner Tony Becker, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Tanner led the pledge of allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Lauri Aylaian stated that the City Council met on October 28, 2010, and returned two decisions related to land uses: a request for reduction in the deposit required for processing a Conditional Use Permit (CUP) for West Coast Barber College, and a Lot Line Adjustment on Technology Drive. The first issue pertains to West Coast Barber College, who has been cited by the code enforcement team for operating a trade school without a CUP. The College is claiming financial hardship and asked the City Council if they (the College) could submit a reduced deposit. The City Council agreed that they could submit a reduced deposit provided that the College do so within seven MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 16. 2010 days. It has been longer than the seven days and they have neither submitted a deposit nor a Conditional Use Permit application; therefore, this becomes a code enforcement action. Ms. Aylaian stated that this may or may not come before the Planning Commission in the near future. Secondly, the City Council approved a Lot Line Adjustment with an Easement Exchange Agreement on Technology Drive that will facilitate development of a DMV building that is proposed. That project will be coming to the Planning Commission in the near future. V. ORAL COMMUNICATIONS James DeGroff of 72690 Homestead Rd, Palm Desert, CA 92260, approached the podium and addressed the Planning Commission requesting guidance for his desire to open a childcare facility in a location that is zoned Service Industrial. He and his wife have found a location on Beacon Hill in Palm Desert. His company, LMLA Inc. has been looking for a suitable site in Palm Desert to open their preschool facility. They talked with local schools that are closed (Hope Lutheran or Desert Torah) in hopes that they'd lease their facilities to LMLA. So far they have been unsuccessful. The State of California requires 75 square feet of outside play area per child, for play and recreation purposes. This is the problem, because the areas that are acceptable to the Planning Department for preschools do not meet this criterion. A site he identified on Beacon Hill has a lot with a fenced-in outside area that meets the state requirements. Mr. DeGroff is requesting that the � r Planning Commission discuss his request before he applies for his Conditional Use Permit. Chair Limont thanked him for his presentation and informed him that since this item isn't on the agenda, they cannot discuss it. She referred him to City Staff to request that he be placed on the agenda for their discussion. The applicant was under the impression that he had to file for a Conditional Use Permit to get on the Agenda. Chair Limont informed him that he need only to talk with staff and apply with them. VI. APPROVAL OF MINUTES Request for approval of the October 19, 2010, meeting minutes. Action: Commissioner De Luna moved and Commissioner Tanner seconded the approval of the October 19, 2010 meeting minutes. Motion carried unanimously 5-0. VII. CONSENT CALENDAR No 2 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 16. 2010 NONE Vlll. PUBLIC HEARINGS Chair Limont stated that 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. C/Z 10-276 AND TT 36335, Ponderosa Homes II (Pam Hardy)/ MSA Consulting (Marvin Roos), Applicants Recommendation of approval for a Change of Zone from Service Industrial (S.I.) to Planned Residential-5 units per acre (PR 5) and a Tentative Tract Map to create 15 new residential lots on the north side of Picasso Drive within The Gallery residential development, located on the northwest corner of Gerald Ford Drive and Portola Avenue. Principal Planner Tony Bagato orally presented his staff report and Power Point presentation to the commissioners, outlining the applicants' desire to have the zoning changed to allow them to build homes on the north side of Picasso Drive. The entire project was approved before the 2004 update of the General Plan. Therefore, the designation of this portion of the parcel must now be changed to reflect residential rather than industrial. The site is 3.4 acres that will be divided up into 15 lots. As part of the project, the area north of Gerald Ford has been slated as Residential Medium / High Density Overlay which allows four to twenty units per acre. The lots are similar in size to the 240 lots that are already there. The home designs have already been approved by the Architectural Review Committee. These homes will match existing homes and will conform to existing CC & R's. Mr. Bagato also wanted to state for the record that there is a modification on Page 6 of the Conditions of Approval, as shown on the handout passed to each commissioner before the meeting. This change reflects a condition modification pertaining to the grading permit and requesting that the final WOMP be recorded with the County of Riverside and confirmed with Public Works. Mr. Bagato entertained questions of the Planning Commission. 3 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 16, 201 Commissioner Tanner asked if these 15 new homes will also be part of The Gallery Homeowner's Association (HOA), since they are part of the current CC & R's. Mr. Bagato indicated that they would, that this new tract is just an extension of The Gallery. Commissioner De Luna asked a technical question about point 5, Page 4; it speaks of a 'Negative Declaration of Environmental Impact' and then down further it says 'Mitigated Declaration'. She wanted clarification, is it mitigated or negative? Mr. Bagato answered that since the original project was approved under a Mitigated Negative Declaration, it is exempt under Class 32 (CEQA) because this is an expansion of the original proposal. For this purpose, Class 32 for CEQA doesn't apply here because the streets are already in as are the utilities, and also since the project is less than five acres. Commissioner Schmidt asked Mr. Bagato if he knew how many homes are built in the entire project, not lots sold, but existing homes. Mr. Bagato said that 130 of the 150 have been recorded and 30 of the 150 have been built. She clarified that 30 of the 150 lots have been purchased and are owned by the homeowners. Mr. Bagato stated that that was correct. Commissioner De Luna quickly asked if there was a time frame that Ponderosa had to start construction. Mr. Bagato stated no, ••r but that they had a phased map and as the developer continues to go, they will record another phase and that will give them another two years. Commissioner Schmidt wanted to clarify that the project would have phased out if they did not receive this new zoning. Mr. Bagato indicated that was incorrect. Hearing no further questions, Chair Limont declared the Public Hearing open and asked the applicant if they needed to speak. Pam Hardy of Ponderosa Homes, 6671 Owens Dr., Pleasanton, CA began by thanking the Commission for their time and consideration. She indicated that she and Mr. Bagato have discussed all amendments and conditions and are in agreement with all. She went on to clarify that Ponderosa Homes had built the 30 afore-mentioned homes and sold the additional 58 lots to D.R. Horton. She is not aware of how many homes that they (D.R. Horton) have completed, but there are more than 30 households on the site. Ponderosa Homes is proud to be part of 4 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 16. 2010 Palm Desert and happy that the economy is picking up and they are able to move forward. Anticipating a possible question of why are utilities already laid out for homes that haven't been constructed, she indicated that it is much more efficient to lay out utilities on a double-sided street at one time. She made herself available for Commission questions. Having no questions, Chair Limont closed the public hearing and asked for commissioner comments. Commissioner Campbell indicated that she was pleased to see this development coming and motioned for approval. Action: Commissioner Campbell moved and Commissioner De Luna seconded the motion to approve C/Z 10-276 and TT 36335. The motion carried for approval 5-0. Commissioner Campbell moved and Commissioner De Luna seconded adopting Planning Commission Resolution No. 2537, recommending approval of C/Z 10-276 and TT 36335. B. Case No. CUP 10-297, The Ritz at Barkingham Palace, Applicant Approval and Amendment of a Conditional Use Permit to operate an upscale boarding and grooming facility for dogs and cats in a Service Industrial zone located at 34-550 Spyder Circle, APN: 694-240-001 Commissioner De Luna recused herself and exited the Council Chamber. Planner Missy Grisa orally presented her staff report to the Planning Commission regarding an amendment to the conditions agreed to by applicant. The applicant is requesting to be allowed more dogs and cats at their facility. The applicant noticed a typo on the original application stating that they would board 25 dogs and 10 cats. They are requesting to board 75 dogs and 25 cats. The building was originally The Glass Block store. The building has its own parking lot. The applicant still intends to use the inside of the facility completely for the cats and dogs. The only time that staff would be outside would be to walk two dogs at a time. An amended floor plan shows where they want to put an indoor artificial turf area for play r. 5 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 16, 201 for the animals. The cats and dogs could also go to the bathroom on this play area. In the packet presented to the Planning Commission, Ms. Grisa wanted to point out that a revision on Item #6 was inserted, stating the new conditions for which the approval would be granted. A professional architect who has experience designing animal shelters and catteries looked at the floor plan and noted a couple of areas that should be remedied for this type of establishment:, mainly the plumbing/drainage for washing of the kennels and proper drainage that can handle that type of use. Wall surfaces suitable for cleaning and certifications for the artificial turf stating that it is compatible for the proposed uses will also be required. Staff also requests that Burrtec pick-up the waste a minimum of four days per week. Also, when Barkingham staff is walking the dogs, any feces would have to be picked up at that moment and if there is any damage to nearby plant materials, then they would have to be replaced as well. These conditions would have to be met before the applicant could pull a building permit. Ms. Grisa added that she would answer any questions of staff. Commissioner Schmidt asked about the interior atrium area. Ms Grisa indicated that the applicant was present and would answer that question in public hearings. Commissioner Campbell asked if the .rr interior of the building can accommodate 100 animals. Staff doesn't have any concerns with the number of animals and the amount of square footage; with nearly 12,000 square feet of space, staff believes that the available space is adequate. Chair Limont declared the Public Hearing open and the applicant stepped up to the podium to answer Commissioner Schmidt's question. Lori Weiner of 17 Strauss Terrace, Rancho Mirage, CA stated that she is in complete agreement with all conditions placed on their application. She indicated that she has already begun looking at HVAC systems that kill bacteria with UV light so that the animals as well as the staff working there are protected from bacteria. They are making a 5,500 square foot park-like area for the animals to play in. It will have artificial turf and trees. It will have adequate drains also. Not all of the dogs will be out there at once, but it will be used as a place for them to get exercise. 6 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 16, 2010 Commissioner Schmidt asked about the open area where the trees/grass area will be located. She asked if that space is a two story OWN space. Ms. Weiner stated that that area has a very high ceiling where the turf/trees will go. The second floor is a mezzanine area for offices and the cattery. Commissioner Schmidt asked if there will be skylights to which Ms Weiner responded that there would. Ms. Weiner stated that she has been showing dogs for years and is vigilant about keeping things as clean as possible for all concerned. Chair Limont asked Ms. Weiner if her original concept was to have the tree area in the interior. Ms. Weiner stated that she had been thinking about that since the last meeting and concluded that since walking the animals in the hot summer weather is not ideal, and that the animals also need a place to play, then this indoor park-like area was the best solution for those issues. Chair Limont asked about the number of animals now being proposed, stating that it was quite a large jump from the original proposal. In the conditions previously approved, they were to have one staff person at all times there. Now that there will be more animals boarding, would they have more staff or how would they fulfill that requirement? Ms. Weiner stated that as they grow, they would add more staff when needed. Chair Limont asked what a proper ratio of staff per animal would be. Ms Weiner reported that she asked her friend who is a professional handler in Colorado and was told that that friend uses about one person per seven animals. Therefore, Ms. Weiner will most likely have that ratio of staff per animals and add more as necessary. Commissioner Campbell noted that the staff report states that the hours of operation are seven days per week and asked Ms. Weiner if there was going to be someone there other than just the owner. Ms. Weiner stated that yes, they certainly would have someone there and as they saw increases in animals boarding, then they would add more staff at that time, as necessary. Hearing no other questions or comments, Chair Limont declared the Public Hearing closed. Commissioner Schmidt asked for clarification about amending this CUP, or if this is an existing CUP. Mr. Bagato stated that this is just an amendment to an existing CUP and it required a new hearing. Once it was properly noticed in the paper, this was just the next step in the process. Action: 7 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 16 2010 Commissioner Campbell moved and Commissioner Tanner seconded approving the findings and recommendation as presented by staff. Motion carried 4-0 (Commissioner De Luna ABSENT) Commissioner Campbell moved and Commissioner Tanner seconded adopting Planning Commission Resolution No. 2538, recommending approval of CUP 10-297. Motion carried 4-0 (Commissioner De Luna ABSENT). Commissioner De Luna returned to the Council Chambers. IX. MISCELLANEOUS NONE X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Campbell stated that she was unable to attend the last meeting. She did attend the previous meeting before that. The commissioners liked the Westin timeshare project, but due to lack of quorum were unable to vote on it. They continued it to the next meeting, which Commissioner Campbell was unable to attend. , B. LANDSCAPE BEAUTIFICATION COMMITTEE Commissioner Limont stated that Landscape meets tomorrow. C. PARKS & RECREATION Commissioner Tanner commented that the last meeting's discussion was about the pool. He mentioned that there was discussion or forming a "Committee of Two" and they would be observers to the meetings. He'll know more at the next meeting about this Committee. D. PROJECT AREA 4 COMMITTEE Commissioner Schmidt stated that the Committee met yesterday. The topic is still about the Palm Desert Country Club. She stated that there is a potential buyer for the note, not the club. Upon request, Ms. Aylaian clarified what that meant, stating that once the note is purchased, the owners of the debt will decide to foreclose on the golf course. It is a circuitous way of getting an end result. It could add as much as thirty to ninety days to the process. Technically, the Palm Desert Country Club LLC owns the golf course but has no r 8 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 16, 201 desire or ability to maintain it. Wilshire Bank, who owns the debt now, still maintains a skeleton crew to keep the greens mowed and for emergency issues, but they act as though they have no intention of operating the area as a golf course. Commissioner De Luna asked if they could still build homes there. Ms. Aylaian said that right now, it's only zoned to be a golf course and to build a home there would have to be a change of zone and conditions of approval. Commissioner De Luna followed up by asking if they could decide NOT to maintain it as a golf course and keep it as open space. Ms. Aylaian stated that they could. She also stated that they currently have an agreement with the City that they would maintain it to such a level as if it were to be used as a golf course, but there is nothing that requires that they actually operate it as a golf course. Commissioner Tanner asked if the 'LLC' owns not only the golf course but also the club house. Ms. Aylaian indicated that was correct. XI. COMMENTS Commissioner Tanner wanted to acknowledge the newest Councilmember- elect, Jan Harnik who was sitting in the audience. XII. ADJOURNMENT Commissioner Tanner moved and Commissioner Schmidt seconded the adjournment of the meeting by minute motion. The motion carried 5-0. The meeting was adjourned at 6:32 p.m. with a Happy Thanksgiving to all. LAURI AYLAIAN, Secretary T7EST: M. CONNOR LIMONT, Chair Palm Desert Planning Commission /tb 9 ago