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HomeMy WebLinkAbout2013-03-19 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES • TUESDAY, MARCH 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 Stendell led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Aylaian, Director of Community Development, stated that at the meeting of March 14, the City Council approved an extension to suspend Chapter 25.68, Section 25.68.090 of the Palm Desert Municipal Code that deals with temporary signs. This would allow community home builders temporary signage relief during the weekend, which will continue through the Labor Day weekend. MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 2013 V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of February 19, 2013. Rec: By Minute Motion, approve as presented. Upon a motion by Dash, second by Campbell, and 4-0 vote of the Planning Commission, the Consent Calendar was approved as amended with Commissioner Limont ABSENT. VII. CONSENT ITEMS HELD OVER None VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION 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, Now 73-585 Fred Waring Drive, Suite 201, Palm Desert, CA, Applicant). Commissioner Stendell recused himself from participating due to a potential conflict of interest. Mr. Kevin Swartz, Assistant Planner, reported that on March 6, staff met with the applicant regarding concerns outlined in the staff report. He said the applicant requested additional time, and staff recommended continuing the public hearing to April 16. Chair DeLuna asked if the applicant would be ready by April 16. Mr. Swartz replied yes. Commissioner Dash moved, by Minute Motion, to continue Item A (Case No. CUP 12-385) to the April 16, 2013, Planning Commission meeting. Motion was seconded by Commissioner Campbell and carried by a 3-0 vote with Limont and Stendell ABSENT. B. REQUEST FOR CONSIDERATION of a Conditional Use Permit to allow a new Verizon 68-foot wireless telecommunications mono-palm and new equipment shelter located at Temple Sinai at 73-251 Hovley Lane West. Case WOW No. CUP 12-231 (Verizon Wireless, 15505 Sand Canyon Avenue, Bldg. D104, Irvine, CA, Applicant). 2 GAPlannmgWonica OReilly\Planning Commission\2013\Minutes\3-19-13 min docz MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 2013 Mr. Swartz reported that a petition was delivered before 5.00 p.m. today from residents in the surrounding area that have concerns with the proposed mono- palm. He said he would address the petition after his presentation. He stated the proposed mono-palm would be located in an existing landscape area in front of the Temple Sinai building, and the equipment shelter would be located within the parking lot. Mr. Swartz displayed photos of the proposed mono-palm and its location. He noted that the mono-palm is approximately 200 feet away from the residents to the east, 385 feet away from residents to the south, 465 feet away from residents to the west, and 400 feet away from residents to the north. The property is zoned Planned Residential. He said the 68-foot mono-palm is proposed with 12 panel antennas located on the outside of the tree. The antennas are 60 feet in height, and screened by the artificial palm fronds. He added that the project includes a 414-square-foot equipment shelter made out of masonry block with a mansard roof. The equipment shelter would occupy four existing parking spaces within the parking lot. Mr. Swartz said the building would be 13 feet high, and located on a new concrete pad. He also said that the utilities would be installed underground. He presented photos that display the various heights of the palms, including the mono-palm. Mr. Swartz stated a notice of the public hearing was mailed to owners of property within 300 feet. There were numerous residents to the north and to the east that came in to talk to the City regarding the mono-palm. He then addressed the concerns itemized in the petition. He referred to Item B of the petition, and stated that the City does not get involved with any financial gain from the mono-palm. He stated that Item C regarding the harmful radiation is governed by the Federal Communications Commission (FCC). He made clear that the Conditional Use Permit is for the land use. Mr. Swartz said that regarding Item A, staff agrees with the residents from the east that the mono-palm would stick out. Staff recommended adding a condition of approval to place three to four live palm trees either in front or in line with the mono-palm, which the applicant has agreed to. Mr. Swartz stated staff recommended approval, subject to the conditions. He offered to answer any questions. Chair DeLuna inquired at what rate do the natural palm trees grow. Ms. Aylaian responded that the palm trees grow approximately 6 to 12 inches a year. Chair DeLuna asked what the height of the added palm trees would be. Mr. Swartz replied that staff recommended 35 to 50 feet. He noted that he is not sure if the applicant would be able to bring in a 50-foot tree. Chair DeLuna asked if Temple Sinai approves of the proposed mono-palm. Mr. Swartz answered yes. 3 G:\Planning\Monica OReilly\Planning Comm ission\20131Minutes\3-19-13 min.docx MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 2013 Commissioner Stendell inquired if there is a formal notice sent out during the Architectural Review Commission process. Mr. Swartz responded that a notice is not sent out during the Architectural Review Commission process. Commissioner Dash inquired if the appearance of the mono-palm (leaves and trunk) would be much different from the natural palm trees. Mr. Swartz replied that the mono-palm is artificial, but designed to blend in with the existing palm trees. Commissioner Campbell commented that there are quite a few mono-palms in the City, and they seem to blend in well. She added that the mono-palms are usually well maintained so they do not have to worry about the palm fronds bleaching out. Mr. Swartz interjected that maintenance of the mono-palm is a condition of approval. Commissioner Campbell asked how many trees are being planted around the mono-palm. Mr. Swartz responded that staff recommended three to four. Commissioner Stendell inquired if the additional trees would be strategically located to a specific or particular line of sight that might be worse than others. Mr. Swartz said that staff would work with the applicant. He commented that the additional palms would mainly screen the mono-palm from the east. 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. MIKE HAYS, Spectrum Services, 8390 Maple Place, Suite 1, Rancho Cucamonga, California, stated staff did a good job at presenting the proposed mono-palm. He said they would diligently attempt to screen the mono-palm as much as possible. He mentioned that finding this location has been a two-year process. Mr. Hays feels they have acted in good faith, and have done the best that they can to screen the mono-palm from the general public and still provide the services that are required. MR. CHARLES DOUGLAS KROLL, 40672 Palm Court, Palm Desert, California, stated he was confused or mislead when he signed the petition. He said the MOW person that had him sign the petition showed the mono-palm to be located right on the edge of Hovley Lane. Mr. Kroll said that after the presentation and seeing 4 G\Planning\Monica OReilly\Planning Commission\2013\Minutes\3-19-13 min.docx MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 2013 photos, he is now aware that the mono-palm is set back. He stated that he has no objections and supports approval of the mono-palm. MS. CAROLYN MOLOSHCO, 40840 Centennial Circle, Palm Desert, California, stated she lives on the east side of Temple Sinai. She is concerned that the mono-palm would be an eyesore to the residents in the area, specifically the residents on Centennial Circle. She asked if there could be a better location for the mono-palm, possibly between the temple and the temple school. This location would impact Temple Sinai more than the residents since they (Temple Sinai) would benefit financially. Ms. Moloshco asked how many mono-palms are in Palm Desert. Mr. Tony Bagato, Principal Planner, responded that he does not have an exact number. In the past, they have processed approximately three to four CUP applications for mono-palms a year. He said the requests for wireless telecommunications have trickled down because they are as needed for coverage and capacity needs. He stated there are approximately 20 that look like mono-palms in the City, and there are also some that look like pine trees. He also noted that in some service areas there are green poles, which are not attractive. MS. MOLOSHCO inquired if there is a commercially zoned property where the mono-palm could be placed since they are in a residential area. She stated that it is not fair to have something of this nature in their backyard. Ms. Aylaian addressed Chair DeLuna that rather than entering into a dialogue with the speakers, staff could address questions that speakers might have at the end of the testimonies. MS. MOLOSCHO mentioned that the additional trees would grow at a slower pace, and she does not think the additional palm trees would be very helpful. MS. EILEEN MENZEA, 40780 Centennial Circle, Palm Desert, California, stated she is concerned with her view if the mono-palm is installed. She also understands that the City has nothing to do with the FCC regulations, but is concerned with the mono-palm being near a school. Ms. Menzea mentioned that she believes that Temple Sinai already has a permit, and the City should not continue granting permits. She believes the original Temple Sinai's permit is only for the temple and the structures on the property. She does not think things should be added that are not associated with the temple. She stated the proposed location for the mono-palm is not the right place and believes it would not blend in. Ms. Menzea thanked the Planning Commission for their time. MR. EITAN HED-RAN, 40840 Centennial Circle, Palm Desert, California, stated he has been discussing the mono-palm issue with the neighbors, and that he circulated a petition with approximately 25 signatures. He requested additional time to explain their objections to the proposed mono-palm. 5 G\Planning\Monica OReilly\Planning Ccmmission\2013\Minutes\3-19-13 min docx MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 2013 Ms. Aylaian interjected that it is up to the Planning Commission to allow extra time, and suggested a five minute limit. The Planning Commission granted Mr. Hed-Ran five additional minutes. MR. HED-RAN stated that he is the oldest resident on Centennial Circle, and was one of the subcontractors that built the street and the original church. He is concerned with the obstruction of the view and deterioration of the property value. Their intention is to eliminate the proposed antenna because it does not belong in a residential zone. He mentioned that he believes Temple Sinai is suffering financially, and that they are willing to sacrifice the quality of the residents' views by imposing structures that are not natural. He displayed photos of the north elevation. He noted he took a picture of a mono-palm in Indio, which he is not sure if it is the same model being proposed by Verizon. Mr. Hed-Ran said in his opinion the elevations Verizon presented are misleading. He stated the structure to the top of the temple is 30 feet, and the proposed 68-foot mono- palm is going to be more than twice the height of the building in the picture. He noted that there are no trees nearby the 68-foot tower. Mr. Hed-Ran referred to additional photos to illustrate how their views would be obstructed with the proposed mono-palm. He suggested that they relocate the mono-palm to the rose garden. Mr. Swartz displayed a photo to show the location of the rose garden. MR. HED-RAN believes a better location for the mono-palm would be the rose garden or Monterey Avenue near the utilities. He thanked the Planning Commission for giving him the opportunity to plead his case. Chair DeLuna asked if there is a picture of the proposed mono-palm. Mr. Swartz replied yes and displayed a photo. Chair DeLuna noted that the proposed mono-palm has considerably more fronds than the mono-palm depicted by Mr. Hed-Ran. MR. HAYS commented on the suggestion from Mr. Hed-Ran to relocate the mono-palm to the rose garden. He said the reason they chose the current location is because the mono-palm would be surrounded by multiple palm trees. If they were to place it in the rose garden, it would stick out. He said that they looked at locating the mono-palm by the Coachella Valley Water District or on Hovley. He believes they found the best location on the property. He also addressed the comment made about the height of the additional palm trees to be the height of the tower. He explained that having the palm trees the same height of the tower would block the signal. Mr. Swartz commented on the concern regarding the mono-palm being in a residential zone. He said that they do have other mono-palms within residential 6 G.\Planning\Monica OReilly\Planning Commission\2013\Minutes\3-19-13 min.docx MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 2013 zones. He stated there are two in Palm Valley Country Club, one within Indian Ridge, two within Oasis Country Club, and three at St. Margaret's Church. Mr. Bagato added that there is one in Bighorn, and one was just approved at Presbyterian Church. He referred to the propagation map, and said a mono-palm is determined and based on need for coverage. The map shows there is a gap on the coverage-, therefore, the mono-palm is being proposed. Ms. Aylaian commented on the concern made by one of the speakers that 35 feet was not going to be effective. She communicated that typically in the past with the Architectural Review Commission, the conditions are set for a range of heights because it is most effective if you have a staggered natural growth looking cluster of palm trees rather than having them in a uniform height except for the mono-palm. She stated that the Planning Commission could require three or four palm trees to be added, and that they are staggered in height from 35 to 50 feet. With no further testimony offered, Chair DeLuna declared the public hearing closed. Commissioner Dash commented that the Planning Commission has been advised of what would be a good approach to settling the problem in terms to the concerns of the community. He noted that he does not know if it would settle the problem; however, it would certainly move in that direction. He stated as it has been communicated, the Commissioners are limited in terms of what they can respond to on the list received from the opponents. Commissioner Dash moved for approval. Commissioner Dash moved, by Minute Motion, to allow a new Verizon 68-foot wireless telecommunications mono-palm and new equipment shelter located at Temple Sinai with an addition to the conditions to add additional palm trees in staggered heights on the east side of the monopalm. Motion was seconded by Stendell and carried by a 4- 0 vote with Limont ABSENT. Commissioner Dash moved, by Minute Motion, to waive further reading and adopt Resolution No. 2599. Motion was seconded by Stendell and carried by a 4-0 vote with Limont ABSENT. Ms. Aylaian suggested that staff work with the applicant and residents, with the actual positioning of the surrounding palm trees. She also suggested, if acceptable with the neighbors, staff could visit their backyards to align the palm trees to minimize the impact of the residents' views. IX. MISCELLANEOUS None 7 GAPlanning\Monica OReilly\Planning Comm ission\2013\Minutes\3-19-13 min.docx MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 2013 X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION Commissioner Dash reported that Parks & Recreation Commission approved banners at the fields. There is a provision that the sports leagues meet with the director in terms of when, where, and how long the banners would be displayed. He noted there was no change in the budget for the coming year. He mentioned that there was a request for additional pickleball fields; however, budget constraints would prohibit that request. He announced that Arbor Day is scheduled for April 11, and mentioned that the City was recognized for Tree City USA. Lastly, he informed the Planning Commission of the Bunny Hop 5K fundraiser on El Paseo. X1. COMMENTS Commissioner Dash commented that he attended the League of California Cities, Planning Commissioners Academy, and briefly reported on the various sessions he attended. He noted that the handouts for the sessions are available at vow www.ca cities.orq. XII. ADJOURNMENT Upon a motion by Campbell, second by Stendell, and 4-0 vote of the Planning Commission with Commissioner Limont ABSENT, Chair DeLuna adjourned the meeting at 6:51 p.m. NANCY DE NA, CHAIR ATTEST: LAURI AYLAIAN, SECRETAR PALM DESERT PLANNING COMMISSION mum G:\Planning\Monica OReilly\Planning Commission\2013Winutes\3-19-13 min.docx