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HomeMy WebLinkAbout2011-12-06 PC Regular Meeting Minutes MINUTES PALM DESERT PLANNING COMMISSION TUESDAY — December 6, 2011 I. CALL TO ORDER Chair Campbell called the meeting to order at 6:00 p.m. II. ROLL CALL Yr Members Present: Sonia Campbell, Chair Nancy De Luna, Vice Chair Van Tanner Roger Dash Connor Limont Members Absent: None Staff Present: Bob Hargreaves, Deputy City Attorney Kevin Swartz, Assistant Planner Missy Wightman, Assistant Planner Tony Bagato, Principal Planner Christina Canales, Assistant Engineer Lauri Aylaian, Director of Community Development Donna Evans, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Tanner led the pledge of allegiance. it MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6 2011 IV. SUMMARY OF COUNCIL ACTION Ms. Aylaian stated that the City Council was "dark" for the second meeting in November due to the Thanksgiving holiday. The City Council has not met since the last meeting of the Planning Commission. There are no Council items to report. V. ORAL COMMUNICATIONS Honorable Mayor Jean Benson thanked the Planning Commission for everything that they do all year for the City of Palm Desert. It's through the efforts of the Commissioners that the City maintains the quality of life that everybody so much enjoys. Gift certificates were given to the each of the Commissioners to thank them for their service along with holiday wishes for their families and loved ones. Ms. Aylaian thanked the Planning Commission on behalf of staff. Many contentious issues have to be dealt with over the course of a year and very voluminous and technical staff reports have to be read by each member of the Commission in order to arrive at each meeting ready to discuss the issues at hand. This is very much appreciated by staff because it's not an easy position to be in and they're all doing a fine job. bw Vice Chair De Luna thanked the staff for presenting the Commission with issues that are so well researched, thought out and well planned that it makes it a pleasure to work together. Chair Campbell concurred. Vl. APPROVAL OF MINUTES Request for approval of the November 15, 2011, meeting minutes. Action: Commissioner Limont moved and Commissioner De Luna seconded the approval of the November 15, 2011 meeting minutes. Motion carried 5-0. VII. CONSENT CALENDAR A. Case No. PMW 11.403, Ronald and Suzanne Tompkins, Michael and Mary Ann McNerney, Trevor and Catherine Hull, Kevin Haynes and Wendy Higgins, Robert Prater, Feiro Engineering, Inc., Applicants. r 2 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6. 2011 Request for lot line adjustments between lots 68-71, Lot D-D or Tract No. 5565-2 in Ironwood Country Club to eliminate the building encroachments into the adjoining lots. Action: Commissioner Limont moved and Vice Chair De Luna seconded approval of consent calendar item(s). Motion carried 5-0. Vill. PUBLIC HEARINGS Chair Campbell announced 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. GPAICZIPP 11-200 and TPM 36363, City of Palm Desert Redevelopment Agency, applicant. A recommendation to City Council for approval of a Mitigated Negative Declaration of Environmental Impact, a General Plan Amendment, Change of Zone, Precise Plan, and Tentative Parcel map to allow the construction of a 73-unit, senior living, affordable housing project known as Carlos Ortega Villas located west of Washington Street and south of Avenue of the States; APN'S: 637-071-002, 637-170-003, 637-170-004, 637-170-007. Vice Chair De Luna recused herself from this item because of a possible business issue and left the chambers at 6:07 p.m. Ms. Wightman orally presented her staff report and on-screen presentation to the Commission. The land use changes were described. Aerial photos were shown as part of a Power Point presentation. The project has an irregular lot configuration making it difficult to develop the site plan. The lot is currently cleared with only Casey's Restaurant remaining and a parcel for a future fire station. The proposed project consists of single-story units, except for Building D, which is a two-story community building with a manager's unit above. There's also a small maintenance building that will be used for the project. Photos of the ingress and egress were shown to the Commission. One of the project proponents is to achieve Net Zero status, which means that it will produce as much energy as the project consumes. Various means of producing energy were described. Photos of the landscape plan were displayed and the zoning of the surrounding properties was described. The project generally complies with the Zoning Ordinance, with the exception of the wo 3 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6 2011 irregular project area. It will have one parking space per residential unit, when our normally the Code would require two parking spaces per residential unit. Parking studies that were performed showed that parking will be adequate since this is a senior housing project. Elevations were shown depicting "Ranch/Craftsman-style" buildings. A Mitigated Negative Declaration was prepared and a twenty-day notice was given. Minor concerns were addressed by staff. There were some concerns about traffic entering off Dudley Drive, but this street will be used for emergency purposes only. A member of the public expressed concern about having a left-turn lane onto Dudley Drive. The Director of Public Works is checking into this issue. One other concern was from a neighbor regarding a grade change on the west side of the site, which was discussed with Public Works. The grade is not changing on the west side. No written comments have been received to date. This project consists of affordable, senior housing and is integrally located on the site. It's adjacent to many amenities and services for senior citizens. It's constructed with energy-efficient design and will be built to achieve a LEED Silver Certification and Net Zero status. Chair Campbell asked if there were any questions of staff. Commissioner Dash asked if the City owns the parcel where Casey's ym Restaurant is located and also the parcel where the future fire station will be located. Ms. Wightman stated that both parcels are owned by the City. Commissioner Limont asked if Avenue of the States will have to be re- configured when the fire station is built and in use. Ms. Wightman commented that new roads will be constructed with that development. Commissioner Limont was curious to know if this project will satisfy the City's requirement for affordable housing and Ms. Wightman stated that it would. Commissioner Tanner asked if this project would be "senior subsidized". Ms. Wightman stated that it would be senior affordable housing. Chair Campbell declared the public hearing open and asked the applicant to address the Commission. Martin Alvarez, City of Palm Desert Redevelopment Manager, thanked staff for all the hard work on this project and all the departments that have worked collectively to review and help design this project. This project is named after our late City Manager and friend, Carlos Ortega, who would be proud of this project. He was vitally involved with the City's Affordable Housing Program and built it into the successful project that it is today. The City has fourteen housing properties to date with a total of over 1,100 bw 4 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6. 2011 units that provide safe and affordable housing for low and moderate income persons in our city. The City of Palm Desert's City Council has also been involved in the development of this project by setting aggressive goals, being a leader and setting the pace for future projects. This project will be the first Net Zero project in the City of Palm Desert and seeks to achieve a LEED Silver Certification. Reuel Young, architect, addressed the Commission and introduced his partner, Maria Song. He complimented Ms. Wightman for her superb job of introducing the project. A section of one of the units was shown onscreen. Space was allowed for trees in the courtyards between the units. The high windows let natural light in without glare and also has operable windows so that when the windows are open in the evening, it creates a "thermal chimney effect" to let hot air out. This is one item that doesn't receive credit in the Energy Code, but it does provide natural ventilation. It takes the heat from the slab and exhausts them during the night without any power. This is done without relying on technology. The architecture is wrapped in Craftsman/Bungalow-style, but the real element is from the Southern California pattern of courtyard apartments in which units are identified by individual doors and gables. The units face each other so that they're far enough apart so that a resident would feel separate, but close enough to recognize and have a conversation with a neighbor. Each unit has a recessed porch area, which allows for additional light, as well as protecting the outside patio from the sun. Photovoltaic panels will all face to the south at an optimal angle to capture the sunlight. The exterior siding will consist of Hardy board that resembles the wood siding used on Casey's Restaurant. Chair Campbell asked if there were any questions of Mr. Young. There being none, Chair Campbell asked if there was any testimony either in favor or opposition to this application. There being none, the public hearing was declared closed and asked for comments from the Commission. Commissioner Limont stated that she would like to move for approval of the project and expressed her heartfelt gratitude to see the City of Palm Desert once again rising up with regard to energy efficiency. Commissioner Tanner commented that Carlos Ortega really did put a stamp on the valley and Palm Desert. This project is a tribute to a man we all love. Commission Dash stated that he would like to offer compliments to the Redevelopment Agency. They have done an outstanding job in Palm it 5 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6. 2011 Desert. This project is just one of the many projects that they have developed. The architect and designers have created a beautiful, affordable housing project and incorporated technology into it. The attractive traffic circle will not only assist traffic flow, but it's beautiful as well. Chair Campbell concurred with her fellow Commissioners. Carlos Ortega's name will always be remembered. Rosemary Ortega was in the audience and was welcomed by Chair Campbell. Action: Commissioner Limont moved and Commissioner Tanner seconded recommending to City Council approval of GPA/CZ/PP 11-200 and TPM 36363, subject to conditions. Motion carried 4-0-1 with Vice Chair De Luna absent. Commissioner Limont moved and Commissioner Tanner seconded adopting Planning Commission Resolution No. 2577 recommending to City Council approval of GPA/CZ/PP 11-200 and TPM 36363, subject to conditions. Motion carried 4-0-1 with Vice Chair De Luna absent. Vice Chair De Luna returned to the chambers at 6:30 p.m. after voting was complete. B. Case No. CUP 11-361, Chad Kibbey, Applicant. Consideration of a Conditional Use Permit to allow CrossFit Shifted Athletics located at 75-135 Sheryl Avenue in the S.I. Zone, (service industrial). Mr. Swartz orally presented his staff report and on-screen presentation to the Commission. The location of the property was described and aerial photos were shown. Staff conducted a parking survey which resulted in the findings that the use would be of minimal impact to the surrounding properties and businesses. Public hearing notices were mailed to property owners within 300 feet of the proposed business and placed in the Desert Sun. No written letter or oral comments were received in favor of, or opposition to the proposed use. Chair Campbell asked the Commission if there were any questions of staff. r 6 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6 2011 Commissioner Limont asked if the City is coordinating business licenses with CUP'S. If a person comes to the City to obtain a business license, will they be informed that they may, or may not, need a CUP for a particular business? Ms. Aylaian commented that there is better communication between the departments, but it does require ongoing effort. Commissioner Limont asked if the applicant has a business license and Mr. Swartz stated that the applicant does have a business license. Vice Chair De Luna commented that the applicant has been operating a business that does not comply with the zoning and without an approved CUP. She asked if the business would comply with the zoning if a CUP is granted. Mr. Swartz stated that the business needs a CUP in order to comply with the zoning of the property. Commissioner Tanner asked about the length of time that this business has been operating. Mr. Swartz stated that CrossFit Shifted Athletics has been in business at the current location for approximately four months and have not received any complaints. Chair Campbell declared the public hearing Open and asked the applicant to address the Commission. i� Chad Kibbey, owner and head coach of Cross Fit Shifted Athletics, addressed the Commission. He stated that he didn't have anything to add but would be happy to answer any questions. No questions were asked. Chair Campbell asked if there was any testimony either in favor of or opposition to this application. There being none, the public hearing was declared closed and asked for comments from the Commission. Commissioner Tanner commented that this is the perfect type of business for Sheryl Drive and moved for approval of a CUP. Commissioner Limont stated that according to the parking study performed by staff, the operating hours help with having an adequate amount of parking. The CUP should apply specifically to this business with the stated hours. If anything changes with the operating hours or if the business changes, the CUP should be re-addressed by the Planning Commission. Mr. Swartz stated that the CUP goes with the property. Another CrossFit-type of business could lease the space using the current CUP if they had the same hours of operation. am 7 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6, 2011 However, if the hours of operation were to change, the CUP would i' have to be reviewed by the Planning Commission. Action: Commissioner Tanner moved and Commissioner Limont seconded approving CUP 11-361, subject to conditions. Motion carried 5-0. Commissioner Tanner moved and Commissioner Limont seconded adopting Planning Commission Resolution No. 2578 approving CUP 11-361, subject to conditions. Motion carried 5-0. C. Case No. CUP 11-401, JP Morgan Chase, applicant. Consideration of a Conditional Use Permit to allow Chase Bank to remove 13 parking spaces to install a remote ATM drive-up lane within the Desert Springs Marketplace parking lot located at 74-884 Country Club Drive. Mr. Swartz addressed the Commission and orally presented his staff report. Aerial photos of the property were displayed on-screen and zoning of the area was described. A CUP is required for this project to r assure that the remaining parking spaces will be adequate to serve the businesses in the retail center. Staff conducted a parking study and concluded that there are a sufficient amount of parking spaces available during the business hours of the operating businesses within the center. The center is parked at 5.5 spaces per thousand square feet and the code requires 5 spaces per thousand square feet. The management company for Desert Springs Marketplace also hand-delivered letters for signatures to some of the restaurants informing them of the applicants' request. Staff did not receive any comments. Public hearing notices were also mailed to property owners within 300 feet and a notice was placed in the Desert Sun newspaper. No oral comments or written letters were received in favor of, or in opposition to the proposed project. Chair Campbell asked the Commission if there were any questions of staff. Commissioner Dash inquired about the flow of traffic for the drive-up lane. Mr. Swartz referred to a photo on-screen to demonstrate the location of the ingress and egress. Commissioner Dash asked if staff has considered the safety and security issues surrounding the drive-up lane since the proposed ATM would be open 24 hours. Mr. Swartz r 8 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6. 2011 commented that the applicant has submitted a lighting plan. The representative from Chase Bank will address the security issue. Chair Campbell asked if parking spaces will be removed on one side of the aisle, or both sides. Mr. Swartz stated that thirteen spaces will be removed from just one side of the aisle. Vice Chair De Luna commented that when she frequents restaurants in this center, parking is difficult to find. She was concerned about losing thirteen parking spaces right in the middle of the parking lot. Conceivably, a car could back out without seeing a car coming out of the drive-thru and there could be a collision. Perhaps the ATM could be located at the end of a parking aisle, rather than being isolated in the middle of a parking lot. Mr. Swartz commented that the plans were reviewed by Public Works and it was found that clearance was sufficient. Vice Chair De Luna expressed her concern about safety and wondered if the bank would provide additional security for the ATM machine and also that she views it as a possible traffic problem. Commissioner Limont concurred with Vice Chair De Luna. She asked if a remote drive-thru ATM is allowed only if the bank is located within the center. Mr. Swartz commented that this is an allowed use. Mr. Bagato `.. stated that only banks and pharmacies are allowed to have a drive-thru. A restaurant drive-thru would not be allowed unless it was located in the Freeway Commercial Overlay Zone. This is a case where the retail center is allowed to have a bank, but the building wasn't originally built as a bank so there's no drive-up area. Chase Bank feels that it's safer at night to use a drive-up ATM, as opposed to walking up to an ATM. This plan can be reviewed further by having a consultation with Public Works. The way that the proposed drive-up is designed is probably the safest option. Chase Bank will be able to address any concerns regarding safety. Perhaps one additional parking space could be eliminated at the exit to create more of a buffer. Chair Campbell declared the public hearing open and asked the applicant to address the Commission. Austin Hahn, of 1845 S. Michigan Avenue, Chicago addressed the Commission. He stated that he's the civil engineer and described the orientation of the project within the shopping center. They were very strategic about the location in the parking lot so that the ATM is not located near the restaurants where parking use is very intensive. During the pre-application process, he received very helpful feedback from the City, which helped to produce a much better plan than what was r 9 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6. 2011 originally designed. One of the basic fundamentals of traffic engineering is to separate the points of conflict by the furthest distance as possible. There are points of conflict at both the beginning of the drive aisle and at the end of the drive aisle. If another point of conflict is going to be added, it should be located in the middle of the drive aisle. This is why the exit is at the middle of the drive aisle. The landscaping is low-level landscaping on the corner so that if a car is parked in this area, it will be very visible. A car exiting the ATM will have to pull forward, turn and then completely come to a stop at the stop sign and then start again. Aaron Resnick, of 4 Studebaker, Irvine addressed the Commission and stated that he is the architect for the project. He spoke about security and lighting and stated that this facility will be covered by security cameras 24/7 to ensure that there is primary security at all times. The architecture was described and he asked if the Commission had any questions. Vice Chair De Luna asked to see the traffic flow drawing again and asked for explanation regarding the stop sign at the exit and was concerned about safety. Mr. Hahn explained that the standard interface that's shown on the plans, happens with every other parking space in the row because there are already vehicles that are driving down the parking row in the exact same line. Low landscaping will be installed so that visibility won't be impeded. Vice Chair De Luna commented that she still has concerns and didn't feel that any other explanation was necessary. Mr. Hahn agreed that parking lots are dangerous. Chair Campbell asked for any testimony either in favor of or in opposition to this application. Seeing none, she declared the public hearing closed and asked for Commissioner comment. Commissioner Tanner stated that he was really struggling with this concept. This is an extremely busy parking lot and he couldn't imagine that there haven't been complaints from Morton's, the Chinese restaurant and Cork Tree. Cork Tree customers typically will fill this parking lot. He commented that he is not in favor of this proposal, even though both the applicant and staff have done a beautiful job. This is not the right spot for this use. He stated that he will not be able to vote in favor of this stand- alone drive-up ATM. Commissioner Limont concurred with Commissioner Tanner. Driving in the Coachella Valley is very challenging without adding an ATM in the middle of a parking lot. She commented that she is not in favor of this project. 10 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6 2099 Vice Chair De Luna agreed with Commissioners Tanner and Limont due to safety concerns and because of its location in a very busy parking lot. Staff and the applicant have done a wonderful job, but it's not an ideal situation. Commissioner Dash stated that he would like staff and Chase Bank to come to some kind of understanding of how the plan could be improved to satisfy the concerns of the members of the Commission. He commented that he would vote in favor of the proposal, assuming that the design and location would be revised. Chair Campbell stated that she frequents the businesses in this area and people like to park close to the restaurants. In the evening, the area being proposed for the ATM doesn't have as many cars as the parking spaces closer to the businesses. The applicant has done a very good job, but concurs with Commissioner Dash and would like to move for approval with the condition that the applicant works with staff to make some changes to the plan. Mr. Bagato commented that the Commission can ask the applicant if they would be open to revising the plans. If this item is denied, the applicant can't apply for the same CUP for one year. It may be continued to allow W.. the applicant to create an alternative design. Commissioner Tanner stated that his concern is the location, but it's also sticking an island anywhere in the parking lot. He commented that no matter what, he will not be in favor of it. This parking lot is very busy and it was suggested that perhaps an area closer to the grocery store might be a better site. Unless the ATM can be attached to a building, he could not support it. Action: Commissioner Campbell moved and Commissioner Dash seconded approving CUP 11-401, subject to re-design consideration. Motion failed 2-3 with Commissioners Tanner, Limont and De Luna opposed. Vice Chair De Luna asked staff about procedure after a motion of denial and wondered if the project could be re-engineered and brought back to the Commission for further review. Mr. Bagato commented that the ordinance states that if a case is denied, the applicant cannot re-apply for one year. If the Commission would like the applicant to re-design the project, it should be continued. Chair Campbell asked if the applicant would be able to make another presentation when they come back for r 11 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6 2011 denial of the resolution at the next meeting. Ms. Aylaian stated that the legal language is that "following the denial of a CUP, no application for a CUP for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year." Mr. Hargreaves suggested re-opening the public hearing. Commissioner Tanner moved and Commissioner Limont seconded denying CUP 11-401 and directed staff to prepare a resolution of denial for the next Planning Commission meeting. Motion carried 5-0. D. Case No. CUP 11-406, Holly Hughins and Eileen Flaherty, Applicants. Consideration of a conditional use permit to allow a new yoga studio known as The Yoga Center, located at 73-875 Highway 111. Mr. Bagato orally presented his staff report and showed on-screen aerial photos of the property. The location and zoning were described. Staff conducted a parking study and determined that parking is sufficient for the proposed business. The classes will be varied throughout the day with two classes in the morning and one in the w evening with the schedule changing daily. Commissioner Tanner asked if the studio will have an entrance on the frontage road, as well as from President's Plaza. Mr. Bagato stated that the applicant will be able to respond to this question. Chair Campbell declared the public hearing open and asked the applicant to address the Commission. Holly Hughins of 73-597 Pinyon Street, Palm Desert and Eileen Flaherty of 48-301 Birdie Way, Palm Desert addressed the Commission. Ms. Hughins commented that quite a few of their students are anxious to ride their bikes to class because they live in the surrounding area. The yoga community is aware of their impact, especially parking, pollution, etc... so they would prefer to carpool, ride their bikes or walk to the studio. Chair Campbell asked about the location of the entrances. Ms. Hughins stated that there is an entrance on the frontage road and there's also an entrance from the President's Plaza parking lot. 12 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6 2077 Vice Chair De Luna asked if there would be a place to park bicycles at `. the studio. Ms. Hughins commented that if their CUP is approved, they will purchase a bike rack to put in the courtyard. Mr. Bagato stated that a bike rack will not require any type of approval, as long as it's not in the public right of way. Chair Campbell asked for any testimony either in favor of or in opposition to this application. Seeing none, she declared the public hearing closed and asked for Commissioner comment. No comments were made. Action: Commissioner Limont moved and Commissioner De Luna seconded approving CUP 11-406, subject to conditions. Commissioner Limont moved and Commissioner De Luna seconded adopting Planning Commission Resolution No. 2580 approving CUP 11- 406, subject to conditions. IX. MISCELLANEOUS NONE X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES COMMISSION Chair Campbell stated that there will be a meeting in two weeks. B. LANDSCAPE BEAUTIFICATION COMMITTEE Commissioner Limont indicated that the next meeting will be in two weeks. C. PARKS & RECREATION Commissioner Tanner stated there was a meeting today. The aquatics presentation was incredible. The pool is exceeding all expectations, financially. Water polo teams from other areas are utilizing the facility, as well as the Palm Desert Swim Team. There is a college from Idaho that will be using the aquatic center for practice during their winter break. There are thirty-seven kids taking diving classes. Chair Campbell asked if the pool is heated. Commissioner Tanner stated that it is heated. COD students use the pool three mornings per week for classes. The College of the r 13 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6 2011 Desert invested one million dollars in the aquatic center and this is a program that they're utilizing. D. PROJECT AREA 4 COMMITTEE Commissioner Dash indicated that they have not had a meeting since his last report. Xl. COMMENTS Commissioner Limont wished everyone happy holidays since this was the last meeting of the year. Mr. Bagato asked if the Commissioners would be available for the January 3, 2012 Planning Commission meeting. The Commissioners stated that they would be able to attend the meeting. XII. ADJOURNMENT Commissioner Tanner motioned for adjournment of the meeting, Chair Campbell seconded the motion and the meeting was adjourned at 7:25 p.m. SONIA CAMPBELL, CHAIR ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION /de r. 14