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Home My WebLink About2014-01-21 PC Regular Meeting Minutes CITY OF PALM DESERT .. PALM DESERT PLANNING COMMISSION MINUTES • TUESDAY, JANUARY 21, 2014 — 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 6:00 p.m. II. ROLL CALL Present: Commissioner Nancy DeLuna Commissioner John Greenwood Commissioner Sonia Campbell Vice Chair Ken Stendell Chair Roger Dash Staff Present: Jill Tremblay, City Attorney Lauri Aylaian, Director of Community Development Mark Greenwood, P.E., Director of Public Works Tony Bagato, Principal Planner Eric Ceja, Associate Planner Kevin Swartz, Assistant Planner Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner John Greenwood led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Lauri Aylaian, Director of Community Development, reported that at the meeting of December 12, the City Council passed a resolution that the Director of Community Development, on behalf of the City, will work with Southern California Association of Governments on local growth projections. On January 9, the Council renewed the suspension on enforcement of regulating off-site directional "` signage for another year. MINUTES PALM DESERT PLANNING COMMISSION JANUARY 21, 2014 Chair DeLuna informed the Commission that she would have to leave shortly after 7:00 p.m. V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of December 3, 2013. Rec: By Minute Motion, approve as presented. B. REQUEST FOR CONSIDERATION of a lot line adjustment (APN 622-020- 094) at Villa Portofino. Case No. PMW 13-400 (MSA Consulting, Inc., 34200 Bob Hope Drive, Rancho Mirage, CA 92270, Applicant) Rec: By Minute Motion, approve a lot line adjustment, Case No. PMW 13- 400. Upon a motion by Commissioner Campbell, second by Commissioner Stendell, and a 5-0 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None), the Consent Calendar was approved as presented. ..r VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS A. SELECTION of Chairperson and Vice Chairperson. Commissioner Campbell moved, by Minute Motion, to nominate Vice Chair Dash for Chairperson. Motion was seconded by Commissioner Greenwood and carried by a 5-0 vote (AYES: Campbell, DeLuna, Greenwood, and Stendell; NOES: None; ABSTAIN: Dash). I Commissioner Campbell moved, by Minute Motion, to nominate Commissioner Stendell for Vice Chairperson. Motion was seconded by Commissioner Greenwood and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None). Commissioner Campbell congratulated Commissioner DeLuna for a job well done as chairperson. Commissioner DeLuna stated that it has been her pleasure, and has enjoyed it aw immensely. She is honored to serve the City. 2 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION JANUARY 21, 2014 Chair Dash commented that he hopes he is able to perform in a manner that reaches the Planning Commission's expectations. He also thanked the former chair. B. APPOINTMENT of Commission Liaisons for Art in Public Places and Parks and Recreation Commissions. Commissioner Campbell moved, by Minute Motion, to nominate Vice Chair Stendell for the Art in Public Places Liaison for the year 2014. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None). Commissioner Campbell moved, by Minute Motion, to nominate Chair Dash for the Parks and Recreation Liaison for the year 2014. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None). IX. PUBLIC HEARINGS A. REQUEST FOR RECOMMENDATION to the City Council for consideration of adoption of a Mitigated Negative Declaration of Environmental Impact; and a new 4,000-square-foot single-family home including a 473-square-foot detached garage on a hillside residential property located at 72-000 Chuckawalla Way (APN 652-090-001). Case No. PP/HDP 13-198 (Mr. Mike De Cotis, Pinnacle International Realty Group, #300-911 Homer Street, Vancouver, BC V6132W6, Applicant). Mr. Kevin Swartz, Assistant Planner, stated that there were two letters submitted prior to the meeting. One letter is from Mr. Paul Bowie, who will address the Planning Commission when the public hearing is opened for testimony. He reported that the nine-acre parcel is located within the hillside on the border of the City and the County of Riverside. He presented a photo to show the location of the parcel, and adjacent parcels that are also owned by the applicant for a total of approximately 34 acres. Mr. Swartz said access to the site is provided from Highway 74 through Riverside County roads. He reported that the proposed 4,000-square-foot home consists of a great room, dining room, kitchen, den/office, five bedrooms, six bathrooms, a casita, and wine storage room. The applicant is also proposing to grade 15,722 square feet of pervious and impervious area to accommodate the home, patio and pool areas, a new gravel driveway, and a 9,733-square-foot building pad. He noted that the applicant is not proposing a wall around the property. He provided a brief description of the home architecture and landscaping. Mr. Swartz mentioned that story poles were used to demonstrate the building heights. The proposed height and site location is supported by staff, as it will not adversely impact any viewsheds or diminish property values. He stated that the applicant is requesting two exceptions which are allowed by code. Staff supports the two exceptions since the project's site design effectively achieves the Hillside Planned Residential goals of blending development into the natural terrain. He stated that the applicant has requested 3 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION JANUARY 21, 2014 modifications to three Conditions of Approval under Department of Public Works (Conditions No. 10, 11, and 12). Mr. Swartz said that staff accepted the modifications, and recommended approval of the proposed project. He offered to rr�r answer any questions. Commissioner DeLuna asked if the proposed pool is an infinity pool. Mr. Swartz replied yes. Commissioner DeLuna commented that she has a concern with the reflection coming from an infinity pool. She asked if it would be an issue for adjacent neighbors, residents across the desert, or people driving on Highway 74. Mr. Swartz responded that he did not believe so. He said the pool sits lower than the home. Vice Chair Ken Stendell asked if the rock under the edge of the pool is part of the re-naturalization area. Mr. Swartz replied yes. Vice Chair Stendell asked if there is a re-naturalization standard adopted by the City or does staff work with the applicant to re-naturalize areas to the best of their ability. Mr. Swartz responded that there is not a set standard, and that staff works with the applicant. Chair Dash declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MR. MIKE DE COTIS, #300-911 Homer Street, Vancouver, British Columbia, V6132W6, offered to answer any questions from the Planning Commission. Commissioner DeLuna asked the applicant if they have any concerns paving the road according to Riverside County standards. MR. DE COTIS answered that they do not. Commissioner Greenwood asked the applicant where they intend to locate the condensing units. MR. DE COTIS responded that the units will be located on the ground on the east side of the house. Commissioner Greenwood mentioned that he walked the site, and that to the north there seems to be a water shed area where there is a higher topography. 4 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.docz MINUTES PALM DESERT PLANNING COMMISSION JANUARY 21, 2014 He asked where the main run-off to the home is going to be located, and asked if it has been addressed or looked at by their engineer. MR. PHILIP FOMOTOR, 225 South Civic Drive, Suite 1-5, Palm Springs, California, 92262, responded that most of the drainage goes to the east. He said whatever drainage goes to the south will be conveyed to the west side of the home. Commissioner Greenwood commented that it appeared that the location of the leaching pond by the septic is in an existing flood basin. MR. FOMOTOR stated that they would address drainage during final design. Commissioner Greenwood asked if the Public Works Department would also take a look at the drainage. Mr. Swartz replied yes. Commissioner DeLuna mentioned that the applicant owns approximately 34 acres. She asked the applicant if he has plans to build more residences. MR. DE COTIS replied no. Commissioner Greenwood commented that he really likes the design. He asked ,M, that the Architectural Review Commission (ARC) take a look at the detail in the construction documents. For instance the fascias, he is not seeing any parapet conditions, and it seems to be a flat roof with a minimum quarter inch per foot slope shutting water off. Vice Chair Stendell asked the applicant where he plans on using roof tiles on the house. MR. DE COTIS responded that he was not certain, and thought they were deleted. Vice Chair Stendell reiterated that the ARC takes a good look at the details of the final drawings. He stated if the roof tiles are a stricken item that they are taken out. MR. PAUL BOWIE, 71-774 Chuckawalla Way, Palm Desert, California 92260, read his letter dated January 21, 2014, which was given to the Planning Commission prior to the meeting. In the letter, he said the project should be conditioned to meet Riverside County standards of street improvement, and meet all requirements prior to issuing a permit of occupancy. With no further testimony offered, Chair Dash declared the public hearing closed. 5 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.dou MINUTES PALM DESERT PLANNING COMMISSION JANUARY 21, 2014 Commissioner DeLuna commented that she would move for approval. She stated that the applicant has worked well with the City, and he has been sensitive in addressing the hillside requirements. ..rr Vice Chair Stendell seconded the motion. Commissioner Greenwood added that in final development and review from the ARC that they pay attention to detail of the construction documents, and the screening of condensing units. Ms. Aylaian confirmed that motion includes the revisions to the three conditions that were verbally noted during the presentation of the staff report. Commissioner DeLuna and Vice Chair Stendell agreed to amend the motion to include the revisions. Commissioner DeLuna moved, by Minute Motion, recommending to the City Council for consideration of adoption of a Mitigated Negative Declaration of Environmental Impact, and a 4,000-square-foot single-family home including a 473- square-foot detached garage on a hillside residential property located at 72-000 Chuckawalla Way (APN 652-090-001). In addition, the Planning Commission requested that the ARC look at the details of the final construction drawings, and they also approved revising three of the Conditions of Approval. Motion was seconded by Vice Chair Stendell and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None). Commissioner DeLuna moved, by Minute Motion, to waive further reading and adopt Resolution No. 2615, subject to the revised conditions. Motion was seconded by Vice Chair Stendell and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None). Commissioner Greenwood congratulated the applicant. Commissioner DeLuna commented that it is a beautiful site, and thanked the applicant for choosing to live in Palm Desert. B. REQUEST FOR RECOMMENDATION to the City Council for consideration to approve a Zoning Ordinance Amendment to modify Section 25.40.050 Accessory Structures to refine placement and development standards, and Section 25.99 Definitions to combine and make definitions consistent for accessory buildings and structures. Case No. ZOA 13-357 (City of Palm Desert, Applicant). Mr. Eric Ceja, Associate Planner, reported that recently some residents were cited by Code Compliance for the placement of accessory structures in their side yard. In October 2013, City Council directed staff to review the zoning ordinance that addresses accessory and temporary structures, and the definitions for consistency. He provided a PowerPoint presentation to list the proposed code 6 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION JANUARY 21, 2014 changes. Mr. Ceja noted that the Pele Place Development homeowners' association (HOA) submitted a letter prior to the meeting for the Planning Commission's review. He offered to answer any questions. Vice Chair Stendell referred to the letter from Pele's Place HOA, and asked how far is the play set from the property line on the side and rear yard. Mr. Ceja responded that he is unable to determine the distance from the photo provided in the letter. He said that it appears it does not comply with the current code. Commissioner DeLuna also referred to the HOA letter and photos. She asked if the play set exceeds what staff recommends for the new requirements. Mr. Ceja replied that he is not sure based on the photo. Commissioner DeLuna asked if there is a way to tell how tall the play set is. Mr. Ceja said that the HOA that supplied the letter and photos may know the height of the play set. Commissioner Sonia Campbell asked if the ordinance would also pertain to a tree house. Mr. Ceja replied that potentially yes. Commissioner DeLuna asked if it would also pertain to residents that want to store their recreational vehicles. Mr. Ceja responded that the proposed code changes do not consider enclosures for recreational vehicles. Chair Dash declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MR. BOB ELLIOTT, 74-116 Pele Place, Palm Desert, California 92211, stated that the play set is approximately 15 feet in height, and he has a concern with privacy. The play set is also obstructing their view of the mountains. He noted that he spoke to the owner, and asked them if they will be adding trees and the owner said no. He asked that the Planning Commission consider the height limitations so that they could have their views back. He offered to answer any questions. Chair Dash asked Mr. Elliott if he is requesting an ordinance to solve his problem. tow 7 WPlanning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.dou MINUTES PALM DESERT PLANNING COMMISSION JANUARY 21, 2014 MR. ELLIOTT replied that he believes so. He said his wall is approximately six feet tall, and he would not mind if a children's play set is a foot or two higher than the wall. However, if a play set is too high; he will lose his privacy. Mr. Tony Bagato, Principal Planner, responded that the proposed zoning ordinance amendment would solve Mr. Elliott's concern. He said if a play set is 10 or 12 feet tall, it would have to be moved to a one-to-one ratio which would move it to 10 to 12 feet away from the property line. Commissioner DeLuna stated that regardless of a one-to-one setback, she asked if there is a height limit if someone has a big yard. Mr. Bagato replied that the maximum height limit is 12 feet with the proposed zoning ordinance amendment. Generally, if a the owner meets the required building setback on a large lot, they can have a home or any structure up to 15 feet high by right, or 18 feet high if approved by the ARC. MS. LORETTA SHUR, 74-186 Pele Place, Palm Desert, California 92211, stated that she's not affected by the structure. She said is supporting her friends whom she visits every day. She stated that her friends have been stressed, upset, and disturbed since the play set was erected. Ms. Shur communicated that the play set could be seen from every window, there's no privacy, and it would be a deterrent if they would want to sell their home. She truly trusts that something could be done to help them in this matter. MR. WILLIAM SWATOS, 74-109 Pele Place, Palm Desert, California 92211, stated that he is also supporting the Elliots. He voiced that his concern is privacy if structures are allowed to be close to the walls. MR. DAVID BEMIS, 74-102 Pele Place, Palm Desert, California 92211, stated that he is Mr. Elliott's neighbor, and is also impacted by the structure. His main concern is privacy. He asked if there is currently an ordinance to control the height of accessory structures. Mr. Bagato responded that there is a current code; however, the play set does not meet to code's definition of an accessory structure. He explained that the City could regulate anything that is built into the ground. He noted that a play set does not technically meet that criterion. MR. BEMIS asked if the code being discussed will limit the height and setback of the play set. Mr. Bagato replied yes. MR. BEMIS asked what happens if the code is passed since the play set is already there. .■r 8 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\1.21-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION JANUARY 21, 2014 Ms. Jill Tremblay, City Attorney, responded that the play set could be grandfathered in, or provide the property owner a certain amount of time to comply with the new code. Mr. Bagato said that they would have to provide a sunset clause to give the homeowner time to comply. The City Council would need to be aware that anyone with non-conforming issues will be notified to move the structure, and it will be up to the City Council to make that decision. Mr. Bagato recommended that the Planning Commission have discussion on having a sunset clause or grandfathering in structures that are already in place. Vice Chair Stendell asked when the photos from the Pele Development were taken. MR. ELLIOTT answered that they were taken about a month ago. MR. BEMIS inquired if the code is passed, what is the timeframe. Mr. Bagato communicated that the Planning Commission will make a recommendation. It will go to the City Council as a Public Hearing item. There will be a first reading then a second reading. If approved the code will go into effect 30 days after the adoption date. He noted that the whole process could take up to two months. MR. ELLIOT asked if it could take up to six months for the homeowner to move the structure. Mr. Bagato interjected that the Planning Commission could make a recommendation on a timeframe. In the past, they have given homeowners up to a year. Depending on the Planning Commission's purview it could be three months or six months or a year. Chair Dash asked staff if a sunset clause needs to be part of the motion. Ms. Aylaian responded that it is adequate for the Planning Commission to have a motion to pass the resolution as proposed, and request that staff add a sunset clause before it goes to the City Council. With no further testimony offered, Chair Dash declared the public hearing closed. Commissioner Greenwood commented that a young family can pick up a play set at Costco. His concern is that parents will not know the rules and requirements set forth by the City, and sees it becoming an issue. Commissioner Campbell asked if it the City should notify stores about the new Now ordinance so that they can let the customers know. 9 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION JANUARY 21;2014 Commissioner DeLuna inquired if a play set is purchased, does it have to be 15 feet tall. Commissioner Greenwood responded that he's sure the possibility is there. Vice Chair Stendell commented that he likes the revisions for the definitions. He also said that you could mail order play sets. How do they get the news out? Mr. Bagato responded that staff will work on a press release, add an article into the BrightSide, and work on putting something out with the assistance from the City's Public Information Officer. Vice Chair Stendell moved, by Minute Motion, recommending to the City Council for consideration a Zoning Ordinance Amendment to modify Section 25.40.050 Accessory Structures to refine placement and development standards, and Section 25.99 Definitions to combine and make definitions consistent for accessory buildings and structures; and include a reasonable sunset clause. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None). Vice Chair Stendell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2616, recommending to the City Council approval of Zoning Ordinance Amendment 13-357 as proposed and include a sunset clause. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None). Commissioner DeLuna excused herself from the meeting at 7:05 p.m. X. MISCELLANEOUS A. REQUEST FOR CONISIDERATION of the appointment of a Planning Commissioner to the General Plan Ad Hoc Consultant Selection Committee. Commissioner Campbell moved, by Minute Motion, to nominate Commissioner DeLuna to the General Plan Ad Hoc Consultant Selection Committee. Motion was seconded by Vice Chair Stendell and carried by a 4-0 vote (AYES: Campbell, Dash, Greenwood, and Stendell; NOES: None; ABSENT: DeLuna). XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Vice Chair Stendell reported that the Art in Public Places Commission discussed a presentation from the Palm Springs Art Museum to add new sculptures and expand the museum's sculpture gardens, which will go to the City Council. He also reported that Renova is sponsoring an artist to paint selected traffic signal boxes within the City. He mentioned that the bronze statue in front of the YMCA will be removed because it is broken. Lastly, he provided the Planning 10 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.dou MINUTES PALM DESERT PLANNING COMMISSION JANUARY 21, 2014 Commission with a postcard listing the Palm Desert Public Art Documentary Film Series. B. PARKS & RECREATION Chair Dash reported that the approval for the expansion of the Freedom Park dog park will go to the City Council January 23. He mentioned that Mr. Ray Rodriguez is the new Chair for the Parks & Recreation Commission. XII. COMMENTS A. DIRECTOR OF COMMUNITY DEVELOPMENT 1) 2014 Planning Commissioners' Academy (March 26-28, 2014; San Francisco, CA). Ms. Aylaian commented on the Planning Commissioners' Academy. She said that there are funds to send two Commissioners, and stated that staff looks to the Chair for his recommendation to who should be sent to the conference. She invited comment from Chair Dash. Chair Dash asked who from the Planning Commission is interested in attending the conference. Ms. Aylaian responded that Vice Chair Stendell and Commissioner Greenwood are interested in attending the conference. Vice Chair Stendell and Commissioner Greenwood will attend the conference. Ms. Monica O'Reilly will assist with the travel arrangements. XIII. ADJOURNMENT Upon a motion by Commissioner Campbell, second by Vice Chair Stendell, and a 4-0-1 vote of the Planning Commission (AYES: Campbell, Dash, Greenwood, and Stendell; NOES: None; ABSENT: De Luna), Chair Dash adjourned the meeting at 7:13 p.m. RO R DASH, CHAIR ATTEST` LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION 11 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\1-21-14 min.docx