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HomeMy WebLinkAbout2013-04-16 PC Regular Meeting Minutes CITY OF PALM DESERT vow PALM DESERT PLANNING COMMISSION MINUTES • TUESDAY, APRIL 16, 2013 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 1. CALL TO ORDER Chair Nancy DeLuna called the meeting to order at 6:00 p.m. 11. ROLL CALL Present: Commissioner Ken Stendell Commissioner John Greenwood Commissioner Sonia Campbell Vice Chair Roger Dash am 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 Chair DeLuna led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Lauri Aylaian, Director of Community Development, stated that at the meeting of April 11, the City Council discussed the potential annexation or amendment to the City's sphere of influence in areas north of Interstate 10. The Council continued the item, and requested staff to prepare a fiscal analysis on the financial impacts of annexations. Areas possibly included would be Sun City, commercial area south of 38th Avenue, Bermuda Dunes, property extending west ow to Cook Street, and Jack Ivey Ranch. Staff will work with a consultant for the next couple of months, and return to the City Council for further discussion. MINUTES PALM DESERT PLANNING COMMISSION APRIL 16, 2013 Chair DeLuna asked if it would be brought to the Planning Commission. Ms. Aylaian responded that it would go through the Planning Commission if the City Council decides that they would like to submit an application to LAFCO for annexation. She said that any areas being considered would come to the Planning Commission for pre-annexation zoning. V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of March 19, 2013. Rec: By Minute Motion, approve as presented. B. MINUTES of the Planning Commission meeting of April 2, 2013. Rec: By Minute Motion, approve as presented. Commissioner Greenwood ABSTAINED from the vote on Consent Calendar Item A. Upon a motion by Dash, second by Stendell, and 5-0 vote of the Planning fifty Commission, the remainder of the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS A. RATIFY the appointment of liaison for Art in Public Places. Commissioner Campbell moved, by Minute Motion, to ratify the appointment of Commissioner Stendell to the Art in Public Places Commission. Motion was seconded by Dash and carried by a 5-0 vote. IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a Conditional Use Permit (CUP) 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, CA 92260, Applicant). Ms. Aylaian interjected and asked Commissioner Stendell if he would like to recuse himself from participating due to a potential conflict of interest. 2 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\4-16-13 min.dou MINUTES PALM DESERT PLANNING COMMISSION APRIL 16, 2013 Commissioner Stendell replied that he would recuse himself if there is discussion on the issue. Mr. Swartz informed the Planning Commission that the applicant notified staff that he would like to request a continuance for a period of six months (October 15, 2013). He explained the continuance would allow the Public Hearing to stay open until the applicant decides whether he wishes to move forward or withdraw the application. If the applicant wishes to proceed in six months, staff would notify all parties that were in opposition of the gym. He offered to answer any questions. Chair DeLuna asked if staff is recommending the continuance. Mr. Swartz replied yes. Commissioner Dash moved, by Minute Motion, to continue for a six-month period to October 15, 2013, the discussion to operate a 22,617-square-foot fitness & gym within an existing 42,208-square-foot office professional building. Motion was seconded by Campbell and carried by a 4-0-1 vote with Stendell ABSTAINING. B. REQUEST FOR CONSIDERATION of a Precise Plan to approve an existing pad elevation that was increased by four feet in height at 112 Tekis Place, within the Mountains at Bighorn. Case No. PP 13-61 (Kristi Hanson Architects, 72-185 Painters Path, Suite A, Palm Desert, CA 92260, Applicant). Mr. Swartz reported that the subject property is located within the Mountains at Bighorn on the west side of Highway 74. In 1990, the Planning Commission approved Tentative Tract Map 26068 consisting of 35 single-family lots. In 1991, the Department of Public Works approved a rough grading plan for Tentative Tract Map 26068, which approved the pad elevation for Lot 22 at 1050 feet. On October 20, 1997, the Planning Commission approved Parcel Map Waiver 97-26, which showed the pad elevation for the lot at 1052 feet. He also reported that the applicant recently surveyed the site, and discovered that the current pad elevation ranges between 1053 and 1056.5 feet. He stated that sometime between 1997 and 2002 the pad was illegally graded, which resulted in the increased height. He noted that the Planning Commission must approve the revised pad elevations if they vary more than six inches from the approved elevations. Mr. Swartz stated that the principal concern with increasing the pad elevations is the line of sight for the adjacent properties. He presented photos to illustrate the preliminary design of the 8,907-square-foot home, the adjacent properties, and the line of sight study. Staff believes the future home would not adversely impact the views of the adjacent properties. He said the increased pad elevation by one to four feet in height does not change the size or shape of the parcel. Mr. Swartz stated staff recommends approving Precise Plan r.. 13-61. He offered to answer any questions. 3 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\4-16-13 min.docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 16, 2013 Chair DeLuna commented that the pad was graded illegally and now is coming forward for acceptance. She asked if this would be by a case-by-case basis or NNW would this set a precedent. Mr. Swartz responded that it would be by a case-by-case basis. He explained that anytime a pad elevation changes, they would have to go through the same process. Chair DeLuna mentioned that one of the drawings had a sloped roof line, and asked if it affects the line of sight. Mr. Swartz replied no. Commissioner Dash inquired if the improper grading was done intentionally, accidently by not knowing what had been approved, or accidently by not being monitored properly by City staff. Mr. Swartz responded that the grading was not done intentionally by the current homeowner, who closed escrow at the end of last year. He noted the grading was done sometime between 1997 and 2002. Ms. Aylaian stated that the current City staff was not present during the time of the illegal grading, so they could not verify whether the motive for the work, and whether or not it was done with City permission granted informal in the field. She said what is happening today is that a little more attention to documenting changes are being made. In the past when Bighorn was being graded there was more flexibility. 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. CHRISTOPHER KIDNEY, Kristi Hanson Architects, 72-185 Painters Path, Suite A, Palm Desert, California, stated that their office was approached by Mr. and Mrs. Mulcahy to design a single-family residence. After surveying the lot, they noticed that the grades were higher than previously approved and brought it to the City's attention. They then proposed designing a house to stay within the existing grades so not to incur any unnecessary costs to the owner to export or fill, which would create unnecessary environmental impacts. He noted that if they were to reduce the pad to the 2001 grade level, it would take approximately 400 dump trucks to export the soil. He offered to answer any questions. Commissioner Stendell commented that for the overall site plan on the lot, he asked the applicant where they envision the outdoor amenities. Are they going to be outside the slope? MR. KIDNEY replied that the amenities would not be on the outside slope. He mentioned there are rock boulders, and they would not want to impact them. 4 GAPlanningWonica OReilly\Planning Commission\2013\Minutes\4-16-13 min.docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 16, 2013 Commissioner Stendell reaffirmed that the amenities would be pulled back from the slope. MR. KIDNEY said yes. Commissioner Dash asked if the applicant is willing to work with staff on making adjustments and/or modifications, if needed during the design process. MR. KIDNEY said yes. Commissioner Greenwood inquired if there has been any communication with the neighbor (by Section B) as far as the design. MR. KIDNEY responded that they have not contacted the residents directly, however, all residents within 300 feet were notified of their request for the pad elevation approval. Mr. Swartz reaffirmed that only a notice of the request was sent out to the neighbors within 300 feet. Commissioner Greenwood asked if a schematic design for the project was done. MR. KIDNEY replied that the schematic design was recently done. Commissioner Greenwood stated he visited the site, and his only concern is with the garage. He said the garage is being proposed as a two-story element, which might impact the adjacent resident. MR. KIDNEY responded that at one time they represented the garage as being a flat roof, and have since developed it into sloped slate roofs. The sloped roofs would minimize line of sight impacts. Commissioner Greenwood clarified if the garage is not being proposed as a two- story element. MR. KIDNEY responded that it is a two-story element, but at an 18-foot height limit. He explained that they are taking advantage of the lower portion of the lot. Chair DeLuna asked if the 18 to 20 feet in height would only affect the garage. Is it at 18 feet at every point? MR. KIDNEY said they are proposing 18 feet from the 1056.5 grade elevation throughout the entire site. With no further testimony offered, Chair DeLuna declared the public hearing closed. 5 G'\Planning\Monica OReilly\Planning CommissionQ013\Minutes\4-16-13 min.dou MINUTES PALM DESERT PLANNING COMMISSION APRIL 16, 2013 Commissioner Dash moved, by Minute Motion, to approve an existing pad elevation that was increased by four feet in height at 112 Tekis Place. Motion was seconded by Campbell and carried by a 5-0 vote. Commissioner Dash moved, by Minute Motion, to waive further reading and adopt Resolution No. 2601, subject to conditions. Motion was seconded by Campbell and carried by a 5-0 vote. X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Stendell commented that he met with Ms. Deborah Schwartz, Public Arts Coordinator. She informed him that the April meeting would be canceled. He mentioned that the last film of the Public Art Documentary Film Series will be shown April 18 at 6:00 p.m. at UCR Palm Desert. B. PARKS & RECREATION None XII. COMMENTS None XIII. ADJOURNMENT Upon a motion by Dash, second by Stendell, and a 5-0 vote of the Planning Commission, Chair DeLuna adjourned the meeting at 6:28 p.m. 9 NA CY DE UNA, CHAIR ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION 6 GAPlanning\Monica OReilly\Planning Commission\2013\Minutes\4-16-13 min.dou