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HomeMy WebLinkAbout2014-10-07 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES • TUESDAY, OCTOBER 7, 2014 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Roger Dash called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Commissioner John Greenwood Commissioner Sonia Campbell Commissioner Nancy DeLuna Vice Chair Ken Stendell Chair Roger Dash Staff Present: Robert Hargreaves, City Attorney Lauri Aylaian, Director of Community Development Mark Greenwood, Director of Public Works Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Nancy DeLuna led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION None V. ORAL COMMUNICATIONS None MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2014 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of September 16, 2014. Rec: By Minute Motion, approve as presented. Upon a motion by Commissioner Campbell, second by Vice Chair Stendell, and a 5-0 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None), the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS A. REQUEST FOR CONSIDERATION of finding of General Plan conformity for rejecting a drainage easement dedication to the City of Palm Desert within the map of Tract 13008 (The Summit). Ms. Lauri Aylaian, Director of Community Development, stated that State law requires that the Planning Commission make a finding on conformance with the General Plan for an easement dedication, which can be either an acceptance or rejection, to the City of Palm Desert. She explained that the City Council will schedule and have public hearings on whether or not the City should accept the dedication. She made clear that it is not an issue for the Planning Commission nor is there any recommendation sought by the City Council. Ms. Aylaian stated again that the Planning Commission's main focus is whether or not a proposed dedication is in conformance with the General Plan. She noted that it is not a Public Hearing item, and it was not publicly noticed. She reported that the item is relative to Tract Map 13008, which was approved in the late 70's. As part of that tract map, an easement for drainage was offered to the City of Palm Desert. She communicated that the City Council must act affirmatively one way or another to accept or reject an easement. Ms. Aylaian presented aerial photographs of The Summit and drainage channel, and briefly outlined the General Plan goal and policies in the Flooding and Hydrology Element. She stated that if the City chooses not to accept the dedicated easement for the drainage channel, how would it impact the General Plan? Is it in conformance with the General Plan or not? She noted that the policies are general and broad, and they concern large areas of the City; not specific small developments. She displayed a map of the Drainage Master Plan for the whole City. She pointed out the drainage for the area of consideration. She stated that there was nothing planned at a regional level or at a City-wide level of importance to discuss the City's Master Plan for drainage that would have required that they have any kind of drainage system in the area (The Summit). Ms. Aylaian said that the drainage ways shown on the Drainage Master Plan are peripheral to the project that they are talking about, and stated that the Master Plan for drainage does not rely upon the easement 2 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\10-7-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2014 that was offered in 1979 when The Summit tract map was recorded. She presented more photographs of the existing backyard channel to show various improvements that homeowners have made over time that would interfere with the ability for the channel to function effectively. She stated that the question tonight is not if the channel properly drains or would work as drainage. The question is, "is the rejection of the offer to dedicate the drainage channel consistent with the General Plan?" She commented that there are people in the audience, and reminded everyone that this is not a public hearing issue. However, the Planning Commission can choose to give people a chance to speak. If the audience is allowed to speak, she directed them to make sure their comments are focused specifically on the General Plan conformance, and any other issues be addressed to the City Council. Commissioner DeLuna mentioned that one of the General Plan policies referred to recreational use. She asked if there is any other place in the City of Palm Desert where such a proposed dedication exists in a residential area. Mr. Mark Greenwood, Director of Public Works, responded that there are many drainage facilities in residential areas; however, there are none in a homeowner's backyard or side yard that he can recall. Commissioner DeLuna asked who originally built the drainage channel. Mr. M. Greenwood replied that he does not know who did, but he does know that the City did not construct the channel. Commissioner DeLuna inquired if the channel was in place before BIGHORN was developed. Mr. M. Greenwood replied yes. He explained that when The Summit was built, it was the most southerly development at the time and exposed to the alluvial fan. It was likely that the channel was built to protect the homes from the flow off the alluvial fan. Since that time, BIGHORN built a significant drainage system that eliminates the need for the channel at The Summit. Commissioner Sonia Campbell referred to one of the photographs that had a small block wall, and asked if it was built by the homeowner. Mr. M. Greenwood responded that his guess is that the homeowner built the small wall. Commissioner DeLuna clarified that as a policy the City does not maintain this type of an easement in other residential areas. Mr. M. Greenwood replied that is correct. Now GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\10-7-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2014 Vice Chair Ken Stendell asked if The Summit was in the development process today, with all the other developments (BIGHORN, Indian Springs, etc.), would an easement be a requirement or an issue to deal with in the tract development. z Mr. M. Greenwood replied no. He said that occasionally a single-family home would be conditioned to have its own retention basin that would only drain that property and retain its water. However, they have gone away from that because the homeowners don't understand that the home retention basin is there to prevent flooding and they end up building in the hole, then they have drainage or flooding problems. Current policy is no drainage facilities in the backyard. Vice Chair Stendell asked if there is anything to stop an individual from demolishing a drainage facility and using the property for their own enjoyment. Mr. M. Greenwood replied not that he is aware of. He noted that some of the homeowners at The Summit have made changes to the channel. The channel does not function adequately as a drainage facility due to all the obstructions. Chair Dash reminded the audience that it is not a public hearing, and gave them the opportunity to make a comment. MRS. DONNA MANDELSTAM, Sypglass Lane, Palm Desert, California 92260, commented that she lives near the channel, and she has taken pictures of water heavily flowing down the channel. She stated that the channels are used, and mentioned that her garage was flooded as a result from the property next door being flooded. She referred to the letter she submitted to the Planning Commission. She stated that she will be attending the City Council meeting because she feels that it is a major issue for health and safety of their lives and their property. Commissioner DeLuna commented that in the past, as an accommodation, the City has cleaned some of the drainage facilities. She asked Mr. Greenwood if that establishes any type of precedence. Mr. M. Greenwood referred the question to the City Attorney. Mr. Robert Hargreaves, City Attorney, responded that if the City maintained the facilities on a routine and regular basis; it would set precedence. He said that his understanding in this case, the City responded sporadically over 35 years to specific incidents and specific portions of the facility. He stated that under those circumstances, it would not establish a City obligation. MR. BILL CREAGAN, Sun Valley Lane, Palm Desert, California, commented that they are bothered because after 35 years of acceptance of Tract Map 13008 it has all of sudden become an issue. He said that there has been maintenance, and they are trying to secure information from the residents that live along the channel for confirmation. They hope to have that information for the City Council meeting in November. He referred to one of the photos, and pointed out that the Oil walls have holes to accept water from BIGHORN. He noted that they have 4 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\10.7-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2014 another concern with the area between the two drainage channels going down along the homes that it is not above ground. He asked why after 35 years the City has decided to no longer maintain the drainage channels. Ms. Aylaian explained to the Planning Commission that the recommendation does not require a resolution, and the recommendation is that they approve by minute motion the proposed rejection of the drainage easement. Mr. Hargreaves clarified that if the Planning Commission votes yes, the Commission finds that a rejection of the easement will be in conformance with the General Plan. Commissioner DeLuna moved, by Minute Motion, to reject offer of drainage easement dedication to the City of Palm Desert within the map of Tract 13008, conforms to the General Plan. Motion was seconded by Commissioner Campbell and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). Ms. Aylaian encouraged anyone in the audience who is concerned about the issue to write an email or letter to the City Council. She noted that the City Council will be scheduling a public hearing and a public notice will be sent out. IX. PUBLIC HEARINGS None X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None XII. COMMENTS Mr. John Greenwood asked Ms. Aylaian if the Planning Commission will be updated on the General Plan Update. Ms. Aylaian responded that it is a perfect idea, and staff will add it to the next agenda. 5 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\10-7-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 2014 Mr. J. Greenwood commented that he and Commissioner DeLuna have attended a couple of General Plan meetings. He said that the General Plan Update process is going to be exciting and lengthy. Ms. Aylaian added that there will be a meeting on October 16 at Desert Willow at 3:30 p.m. to discuss the Highway 111 Corridor, Alessandro Alley, and San Pablo. A notice/invitation will be sent out to people that own property along the areas mentioned above. Commissioner Campbell asked if they need to RSVP. Ms. Aylaian replied no, and that she could just show up. Commissioner Campbell stated that she plans on attending the meeting. Chair Dash commented that the luncheon for Councilmember Benson was outstanding. Commissioner DeLuna commented that she was recently in Chicago, and there is a sculpture called the Bean (Cloud Gate). She gave a description of the sculpture, and said that she was told there are traveling beans. However, she could not find information on the internet pertaining to traveling beans. Ms. Aylaian said that she would pass the information on to the Art in Public Places Department. XIII. ADJOURNMENT Upon a motion by Vice Chair Stendell, second by Commissioner Greenwood, and a 5-0 vote of the Planning Commission (AYES: Campb I, Das DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: No Chai urned the meeting at 6:37 p.m. K T N L, VIC CHAIR ATTEST� _� G LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O'REILLY, REC ING SECRETARY 6 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\10-7-14 min.dwx