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HomeMy WebLinkAbout2012-06-19 PC Regular Meeting Minutes CITY OF PALM DESERT WMW PALM DESERT PLANNING COMMISSION MINUTES • TUESDAY, JUNE 19, 2012 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Campbell called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Chair Sonia Campbell Vice Chair Nancy De Luna ..r Commissioner Roger Dash Commissioner Connor Limont Commissioner Van Tanner Staff Present: Jill Tremblay, Deputy City Attorney Lauri Aylaian, Director of Community Development Tony Bagato, Principal Planner Missy Wightman, Assistant Planner Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Limont led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Lauri Aylaian, Director of Community Development, stated that on March 22, a resolution was passed that amends and adopts new CEQA guidelines. She noted that it is a housekeeping item that is done once a year. Ordinance No. 1234 was also passed, which she distributed to the Planning Commission amw to read at their convenience. She pointed out Item J, Special Policies for Use of MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2012 Electronic Communication Devices at Public Meetings. Ms. Aylaian suggested that the Planning Commission not use their cell phones, smart phones, iPads, or any other devices during meetings. If they have any questions, please contact her or the City Attorney. At the same meeting, they had the first reading of the change of zone for the Carlos Ortega Villas, which the Planning Commission had seen and approved previously. The City Council also considered a resolution that would have required that story poles be erected for certain types of projects in the City, which was not passed. Ms. Aylaian stated that the City Council had the first reading of the Zoning Ordinance Amendment 12-57, which changed the composition of the Architectural Review Commission from seven members to nine members. At the April 12 City Council meeting was the second reading of Zoning Ordinance Amendment 12-57. In addition, the City Council continued an item that would have vacated the right-of-way necessary for the proposed Rosewood Hotel on Highway 74. The City Council also had the first reading of the General Plan amendment and Change of Zone for rezoning of a number of properties in the city that are required to be rezoned for compliance with the Housing Element of the General Plan, which is an item the Planning Commission had reviewed and took action to move forward to the City Council. On April 26 was the second reading of Zoning Ordinance Amendment 12-57, vacation of the right-of-way of for the proposed Rosewood Hotel. It was approved by a 3-2 vote. Ms. Aylaian said that at the May 10 meeting, there were no items impacting Planning Commission actions. On May 24, the City Council approved a temporary signage program that is going to be in place for 90 days (Memorial Day through Labor Day). She asked the Planning Commission to keep their eyes open and give some feedback. This is something that might be considered for a longer term program, if it proves effective. She explained that it is meant to assist the home builders in the area who have indicated that they need greater signage to get people to open houses, especially on the weekends. It also allows them to apply for a temporary use permit that gives them extra signage from 3:00 p.m. on Friday through 10:00 a.m. on Monday, plus holidays such as 4th of July. Ms. Aylaian stated staff is a little concerned that there would be more offsite directional signage and banners. If it is successful, it may be included into the zoning ordinance as a permanent item. At the same meeting, the City Council also discussed the change of zone for one last parcel of property that needed to be rezoned for compliance with the Housing Element update. The property is located next to the new Sheriff's station. She stated that the item was controversial, and people showed up to speak against the rezone. The City Council referred it back to staff, and requested that staff work with the residents from the Shepherd Lane area. Staff met with the residents, and on June 14, the first reading of the ordinance was approved with a couple of modifications to move the higher density homes 2 MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2012 further away from the existing single-family low density development that is there. In addition, the City Council asked staff to look into developing design guidelines for along an El Paseo pedestrian friendly zone. She said that they received a request from a restaurant that wanted to accommodate sidewalk dining. It is something the City encourages and wants to have happen, but with this request, it would have brought the dining out into the public right-of-way. There was concern with how much room is needed for safe passage. Staff is also aware that if one restaurant does it, then all of them would want to. She mentioned that staff would be looking at different cities across the country that have very successful examples of pedestrian walking districts. Staff will return to the City Council with recommendations at the first meeting of October. V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission Meeting of March 20, 2012. Rec: Approve as presented. Upon a motion by Commissioner Tanner, second by Vice Chair De Luna, and carried by a 4-0-1 with Commissioner Limont abstaining, minutes were approved as presented. Vice Chair DeLuna asked for an update on Napas Tapas. Mr. Tony Bagato, Principal Planner, answered that after the last Planning Commission meeting, the applicant appealed and went to the City Council. The Council upheld the ruling, and the applicant has been operating under the modified Conditional Use Permit (CUP). Mr. Bagato stated that the applicant stopped serving liquor, and was only operating with beer and wine. The Police have also been checking up on them. Ms. Aylaian interjected that there have been some recent complaints, and the City has been pursuing code enforcement action against the business as they operate under their new license. Complaints are mostly dealing with littering. B. REQUEST FOR APPROVAL of a two-year extension to PP/CUP 06-03 to coincide with TPM 34437 expiration date of August 24, 2014. Case No. PP/CUP 06-03, (Gerald Ford Business Park, LLC, 40-004 Cook Street, Suite 3, Palm Desert, CA 92211, Applicant). 3 MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2012 Rec: By Minute Motion, approve a two-year extension (until August 24, 2014) to Case No. PP/CUP 06-03. 4W Upon a motion by Commissioner Tanner, second by Commissioner Limont, and carried by a 5-0 vote, the Consent Calendar was approved as presented. Commissioner Dash asked about the project. Mr. Bagato answered the project was approved in 2006 for a 100,500 square foot mixed use of retail, commercial, and office space with a two-story parking garage. The location of the project is on the north side of Gerald Ford Drive, east of Cook Street across from the university. VII. CONSENT ITEMS HELD OVER None VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a new building addition and associated equipment shelter to screen a Verizon telecommunications facility consisting of twelve antennas, two GPS antennas, and one parabolic antenna to be installed at 47-900 Portola Avenue. Case No. CUP 10-292 (Los Angeles SMSA LP, DBA Verizon Wireless, 15505 Sand Canyon Avenue, Bldg. D-1, Irvine, CA 92618, Applicant). Rec: By Minute Motion, waive further reading and adopt Resolution No. approving Conditional Use Permit 10-292, subject to conditions. Ms. Missy Wightman, Assistant Planner, reported that the project is a Verizon telecommunications facility, located on top of the roof of The Living Desert administrative building, Conditional Use Permit No. 10-292. She said the case went to the Architectural Review Commission (ARC) several times. Originally, the applicant proposed a 55' tall exposed antenna mono-palm. The case was continued to allow the applicant to consider co-locating with another carrier onsite that was recently approved, or relocating the mono-palm into an adjacent palm grove with screened equipment. She noted that the co-location was not achieved with the adjacent approved T-Mobile mono-palm. It provided low coverage at too low of a height with the other carrier, and the other carrier was uncertain if they would be building in the near future. Ms. Wightman stated the applicant returned with a proposed building addition, and the ARC continued the case to lower the structure to be more proportional to the architecture and obtain architectural input from the original building designer, or investigate an enclosed antenna design using two mono-palms separate from the original T-Mobile that was approved. The applicant chose to return with a new rooftop design, which was significantly WON different from the previous submittals. Staff and ARC recommended the approval, 4 MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2012 and the motion was approved with Commissioner Van Vliet voting no and new Commissioners Clark and Colombini abstaining. Ms. Wightman explained that Commissioner Van Wet was concerned about the reinforced fiberglass that is used for the rooftop screens. She said that the fiberglass allows the antennas to transmit signals in and out. They can also simulate them to look like existing building materials. The ARC required that the applicant return with a sample board prior to permitting, if approved by the Planning Commission. The ARC wants to see what the actual materials look like and ensure that they do match the building. Ms. Wightman continued with a description of the project: existing roof, 25'-5"; addition, 12'-1"; total height, 37'-6"; rooftop equipment hidden from view; and ground equipment screened within a 19'-4" by 30'-8" lease space surrounded by a 10'-8" high block wall. She presented the site plan, roof plan, elevations, and photographs of the site. She noted that legal notices were mailed out and published in The Desert Sun. Ms. Wightman stated that staff has not received any complaints to date. Staff recommended to waive further reading and adopt Resolution No. 2586 approving CUP No. 10-292, subject to the conditions. Ms. Wightman asked the Planning Commission if they had any questions for staff. Commissioner Limont inquired if there are photos that show what the visual would be from the corner of Portola Avenue and Haystack Road. Ms. Wightman responded that she does not have photo simulations from the applicant for visuals from Portola Avenue, Commissioner Limont asked if the facility would show more from the parking lot. Ms. Wightman replied yes. Commissioner Tanner asked if it is an existing building or new building. Ms. Wightman answered that it is an existing building. Commissioner Tanner commented that he does not remember seeing the building from Portola. He inquired where the A/C equipment is on the proposed site compared to the existing site. Ms. Wightman replied that she would let the applicant address the question. She noted that at the ARC meeting, the applicant did state that some of the A/C equipment would be relocated. Vice Chair DeLuna asked if the facility is located 371 feet from Portola Avenue so it is virtually not visible from Portola. Ms. Wightman responded that she cannot say that it is not visible from Portola Avenue. She said the existing building likely is not because it is low lying and it is 5 MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2012 only 50 percent of the height of the existing building. In her opinion, it would have minimal impact to the views from Portola. Vice Chair DeLuna stated that historically fiberglass does not do well in the desert, and asked if there would be a condition so that the fiberglass is maintained. Ms. Wightman answered that Commissioner Van Vliet from ARC had the same concerns on how it is going to hold up in the sun, and that's the reason the ARC required that it come back to them prior to permitting or construction documents being completed. She noted that there is a requirement to enforce code if it is not being maintained properly to how it was approved. Vice Chair DeLuna asked staffs opinion, would this be less intrusive than a 55' mono-palm. Ms. Wightman responded that in her opinion that either option would not be significantly intrusive, and mentioned that an existing mono-palm was approved in an adjacent palm grove. Commissioner Dash inquired about the before and after satellite photographs. Ms. Wightman replied that the satellite photographs are coverage maps with a before and after label at the top. She explained that the before indicates the different levels of coverage, which is limited to no coverage in that area. The "after" map displays how much coverage would expand outward after the antennas are built on the rooftop. Commissioner Dash asked if the proposed antennas would interfere with other antennas existing in the area. Ms. Wightman responded that she would let the applicant address the question since it is a technical question. Chair Campbell thanked Ms. Wightman for her report. Chair Campbell declared the public hearing open and asked the applicant to address the Commission on this matter. Mr. Todd Fisher, Spectrum, 8390 Maple Place, Rancho Cucamonga, California, stated that staff did a great job explaining the project. Commissioner Dash asked the applicant if the proposed antennas would interfere with other existing antennas in the area. 6 MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2012 Mr. Fisher replied no. He said that each carrier is issued different licenses by the FCC so they operate on different bands; therefore, there is no interference. Vice Chair DeLuna asked the applicant to address the durability of the fiberglass material. Mr. Fisher responded that there is new material to withstand the weather, but as Ms. Wightman said, it was discussed at the ARC. There is a condition of approval that requires it to be maintained, and from his experience, Verizon is one of the better carriers maintaining their sites. Commissioner Tanner inquired if the proposed design is going to do what needs to be done for Verizon Mr. Fisher answered yes. He commented that the request to place the antennas within the palm was one of the reasons for looking at the rooftop. He noted that Verizon Wireless needs to install 12 antennas in order to accommodate all their services in the new 4G. He mentioned that T-Mobile's plan had six antennas proposed because you are very limited on what you can place inside the trunk of a palm. Commissioner Tanner stated that the applicant did a great job with the design, and the facility cannot be seen from the road. it Chair Campbell declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, Chair Campbell declared the public hearing closed. Commissioner Limont moved for approval with a comment. She is glad it is going back to the ARC because it is a unique design, and the desert is having some unique weather early on in the season. The last thing you want to see is something tattered if it were not maintained. Commissioner Tanner commented that is it a great design as long as it is maintained and would second the motion. Commissioner Limont moved, by Minute Motion, to waive further reading and adopt Resolution No. 2586 approving Conditional Use Permit 10-292, subject to conditions. Motion was seconded by Commissioner Tanner and carried by a 5-0 vote. Commissioners commented it is a great design as long as it is maintained. IX. MISCELLANEOUS None it 7 MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2012 X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Chair Campbell reported that the Art in Public Places Commission selected some artists for the registry. They also selected a sculpture and an alternate sculpture for the City to purchase from one of the sculptures on El Paseo to be placed on one of the pads west of Highway 74 in the median. She understands from the last City Council meeting, the Council chose the alternate, and not the one the Art in Public Places Commission selected. Ms. Aylaian added that the art piece is called Ascension. It is all bright green and it looks like a stack of jacks (childhood game), and is now near the Daily Grill. Chair Campbell said that at another meeting, the Art in Public Places Commission waived a condition to allow art exhibits to be behind closed doors at the Coachella Valley Water District (CVWD) building on Hovley Lane East. She said usually everything should go ahead as public art and be open to the public. The Art in Public Places Commission made an exception for CVWD to have the exhibits closed to the general public. B. PARKS & RECREATION Commissioner Tanner said the Aquatic Center is ahead of budget, but would still be a financial drain to the City. They are increasing their programs on a monthly basis. He also said they have a new private Palm Desert swim team. City parks are also doing well. C. PROJECT AREA 4 COMMITTEE None XI. COMMENTS Commissioner Dash recommended for the Commission to visit the Palm Desert Country Clubhouse. It is open for dining. Commissioner Tanner mentioned that the City Council approved the extension of the signs, which the request was one that was needed. It is going to give the private builders in the residential areas an opportunity to put a little of their product out in the street. He feels it is a wise move, and hopes the reports will come back from the residential builders with increased sales as a result of the advertising. wo Vice Chair DeLuna asked if the ordinance address the twirlers. 8 MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2012 Ms. Aylaian responded that twirlers are not permitted under the signage ordinance. Ms. Aylaian announced that there would be no Planning Commission meeting on July 3, and staff is not sure if there will be a meeting July 17. XII. ADJOURNMENT Upon a motion by Commissioner Tanner, second by Commissioner Limont, and a 5-0 vote of the Planning Commission, Chair Campbell adjourned the meeting at 6:38 p.m. SONIA CAMPBELL, HAIR ATTEST: LAttk]l AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION /mo w 9