Loading...
HomeMy WebLinkAbout2013-02-19 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION 6 MINUTES • TUESDAY, FEBRUARY 19, 2013 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Nancy DeLuna called the meeting to order at 6:01 p.m. II. ROLL CALL Present: Absent: Commissioner Ken Stendell Commissioner Connor Limont Commissioner Sonia Campbell Vice Chair Roger Dash Chair Nancy DeLuna Staff Present: Bob Hargreaves, City Attorney Lauri Aylaian, Director of Community Development Tony Bagato, Principal Planner Kevin Swartz, Assistant Planner Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Campbell led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Aylaian, Director of Community Development, stated that at the meeting of January 24, the City Council reviewed and approved the proposed expansion at 111 Town Center (Whole Foods and Nordstrom Rack). She said they also adopted the development standards for the Canyons at Bighorn (DP 12-371). On February 14, the City Council appointed new committee and commission members, including Planning Commissioner Ken Stendell. Commissioner Stendell replaced new Council Member Van Tanner. The Council also approved f•• an exemption to Sections 24.16.055 and 24.16.110 of the Palm Desert Municipal MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 2013 Code to allow LED parking lot light fixtures in place of high pressure sodium light fixtures at Country Club Marketplace. V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of January 15, 2013. Rec: By Minute Motion, approve as presented. B. REQUEST FOR CONSIDERATION of a two-year extension for the entitlements of Carlos Ortega Villas. Case No. GPA/CZ/PP 11-200 & TPM 36363 (City of Palm Desert). Rec: By Minute Motion, approve the extension (until March 22, 2015), Case No. GPA/CZ/PP 11-200 & TPM 36363. Commissioner Stendell ABSTAINED from the vote on Consent Calendar Item A. Upon a motion by Campbell, second by Dash, and 4-0 vote of the Planning Commission, the remainder of the Consent Calendar was approved as presented with Commissioner Limont ABSENT. VII. CONSENT ITEMS HELD OVER None VIII. PUBLIC HEARINGS A. REQUEST FOR RECOMMENDATION of a Conditional Use Permit to operate a fitness & gym facility within an existing office professional building located at 44-651 Village Court. Case No. CUP 12-385 (Five Star Fitness & Gym, LLC, 73-585 Fred Waring Drive, Suite 201, Palm Desert, Applicant). Commissioner Stendell recused himself from participating due to a potential conflict of interest. Mr. Kevin Swartz, Assistant Planner, reported that staff recommended denying Conditional Use Permit 12-385 based on non-compliance with Chapter 25.25 Office Professional zone. He stated staff's concerns are land use compatibility, parking, and the fact that property owners within the building and adjacent business owners are in opposition of the proposed gym and fitness facility. 2 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\2-19-13 min.dou MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 2013 Mr. Swartz informed the Planning Commission that staff received a letter from the applicant requesting a continuance to the March 19, 2013, meeting. He stated that staff recommended continuing this item to allow the applicant to respond to the issues raised in the staff report. He noted that it is a Public Hearing, and he planned to continue with his presentation in case someone from the public wants to give public testimony. Mr. Swartz stated he was aware of two individuals who want to address the Planning Commission; however, they agreed to continue the item to March 19. He asked the Planning Commission if they preferred the staff report tonight or at the meeting of March 19. Ms. Aylaian suggested that Chair DeLuna query the audience to find out if anyone was interested in hearing the presentation tonight, and giving their comments in case they are not able to attend the next meeting. Chair DeLuna asked the audience if anyone wanted to speak tonight on Item A. There was no response from the audience. Commissioner Campbell moved, by Minute Motion, to continue Item A (Case No. CUP 12-385) to the March 19, 2013, Planning Commission meeting, and that staff can present their report at that time. Motion was seconded by Commissioner Dash and carried by a 3-0 vote with Limont and Stendell ABSENT. taw B. REQUEST FOR RECOMMENDATION of a Conditional Use Permit to allow a new wireless telecommunications facility disguised as two faux boulders for AT&T Mobility located within the Stone Eagle Development. Case No. CUP 12-266 (AT&T Mobility, 12900 Park Plaza Drive, Cerritos, Applicant). Mr. Swartz reported that the subject property site is located within Stone Eagle Development near the 9ch hole of the golf course. He reminded the Planning Commission that they denied a Conditional Use Permit for the installation and operation of a 9'5" faux boulder located on the ridgeline. The applicant's new proposal is for two faux boulders with one boulder 56" tall and another 3'6" tall. Mr. Swartz displayed photos of the proposed locations for the boulders. He stated that the faux boulders would not be visible from any public street or public view, and that Stone Eagle homeowners' association has approved the location and design. He also noted that the faux boulders would match the desert landscaping and would not impact the natural hillside appearance. Staff recommended approval, and Mr. Swartz stated the applicant was present to answer questions from the Planning Commission. Commissioner Dash inquired about the letter that was given to the Planning Commissioners prior to the meeting. Mr. Swartz responded that he did not get a chance to read the letter; however, ' the letter is in opposition of the project. 3 GAPlanningWonica OReilly\Planning Commission\2013Winutest2-19-13 min.dou MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 2013 Commissioner Dash commented that the letter addresses the flow of the signal, and asked if staff would be able to address the resident's concern. ftm Ms. Aylaian interjected that staff has not had the chance to review the letter, and suggested that the Planning Commission take a few minutes to read the correspondence. She communicated that the author of the letter was in the audience and could explain her concerns, and that the applicant would be the appropriate person to address the resident's concerns. Chair DeLuna declared the public hearing open and invited the Applicant to address the Commission on this matter, followed by any public testimony IN FAVOR or OPPOSITION. MR. TIM MILLER, AT&T Mobility representative, 5912 Bolsa Avenue, Suite 202, Huntington Beach, California, stated that they scaled down the antennas and boulders, which would blend in well with the hillside. He referred to maps that Mr. Swartz displayed on the screen, and briefly described the coverage in the area. He stated that the signal is contained within the site area, and the signal should not propagate through the resident's home. Chair DeLuna thanked Mr. Miller for being diligent and working with staff to accommodate the City's requests, and also for being sensitive to the hillside requirements. r. Commissioner Dash asked for clarification regarding the signal as Ms. Carver commented in her letter to the Planning Commission. Mr. Miller further explained that with each site AT&T has their coverage objectives as he pointed out earlier on the coverage maps. He said that he cannot state where coverage is going to be in the future. He noted that they cannot block the signal from going to one certain location when they are providing coverage for the other customers. Mr. Miller stated that they work within the Federal Communication Commission (FCC) guidelines, and that the facilities are low powered to cover a small area. MR. GARY BODENWEISER, AT&T Mobility construction area manager, 3073 Adams Street, Riverside, California, communicated that the Stone Eagle site was designed for 9-1-1 coverage. Currently, there is no AT&T coverage on the golf course for emergency calls. He stated this cellular facility would be very limited in scope and size compared to any other site in the City. He commented on the propagation addressed by the objecting party, and explained that they measure electromagnetic exposure from the antennas at a 10 foot distance. He said the FCC is the regulating authority that oversees electromagnetic exposure. The FCC defines what the exposure limits are. He estimates Ms. Carver's residence is about 1,000 yards away, and that the exposure would be very small and far less than the sunlight you might be exposed to on any given day. However, he 4 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\2-19-13 min.dou MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 2013 stated he's not a scientist. Lastly, he displayed a photo showing the distance from the site to the area where Ms. Carver lives. Mr. Miller thanked the Planning am Commission for their time. MS. M. ANTOINETTE CARVER, 72-275 Upper Way West, Palm Desert, California, stated she cannot see the boulders so she does not consider the boulders unsightly. She also stated the AT&T representatives have answered her questions, and that she is pleased with the answers. Ms. Carver commented that she was concerned on how the signal would travel, and is grateful for having the clear definition given to her on how it works. With no further testimony offered, Chair DeLuna declared the public hearing closed. Ms. Aylaian requested that the City Attorney address the issue that was brought up by the applicant regarding issues that can or cannot be considered by the Planning Commission in making their decision. Mr. Bob Hargreaves, City Attorney, mentioned that it might be irrelevant at this time; however, there has been a lot of debate on the potential health impacts of radio transmission frequencies. He said either Federal or State law has decided that local land use planning agencies are precluded from taking into account potential health impacts from radio use frequencies when making land use decisions. to. Commissioner Stendell commented that he had the pleasure of serving on the Architectural Review Commission (ARC) for both hearings: 1) for the single boulder that was denied; and 2) for the new proposed boulders. The ARC unanimously approved the two newly proposed boulders. Commissioner Campbell stated the applicant did a great job at hiding the boulders, and moved for approval. Commissioner Dash complimented the applicant on the improvements. Secondly, his concerns regarding the safety factors have been satisfied by the City Attorney and Ms. Carver's comments. He stated he would also approve the project. Commissioner Campbell moved, by Minute Motion, to allow a new wireless telecommunications facility disguised as two faux boulders located within Stone Eagle Development. Motion was seconded by Commissioner Dash and carried by a 4-0 vote with Limont ABSENT. Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2598. Motion was seconded by Dash and carried by a 4-0 vote with Limont ABSENT. two GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\2-19-13 min.dou MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 2013 IX. MISCELLANEOUS None X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Campbell reported that at the last meeting they chose artists for the registry. They also elected a new Chair and Vice Chair for the next term. She noted that Commissioner Limont will be the new Planning Commission liaison for the Art in Public Places Commission. Ms. Aylaian briefly described the Palm Desert Public Art Documentary Film Series, and invited the Planning Commission to the showing of Downside Up on Thursday, February 21, 2013, at 6:00 p.m. B. PARKS & RECREATION None XI. COMMENTS Now None XII. ADJOURNMENT Upon a motion by Dash, second by Campbell, and 5-0 vote of the Planning Commission, Chair DeLuna adjourned the meeting at 6:39 p.m. V �� ,,a NANCY DE UNA, CHAIR ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION 6 GAPlanning\Monica OReilly\Planning Commission\2013Winutes\2-19-13 min.dou