Loading...
HomeMy WebLinkAbout2014-04-15 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES • TUESDAY, APRIL 15, 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: Absent: Commissioner Nancy DeLuna Vice Chair Ken Stendell Commissioner John Greenwood Commissioner Sonia Campbell Chair Roger Dash Staff Present: Jill Tremblay, City Attorney Tony Bagato, Principal Planner Kevin Swartz, Assistant Planner Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Nancy DeLuna led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Mr. Tony Bagato, Principal Planner, reported that at the meeting of April 10, the City Council passed Ordinance No. 1267A to second reading, approving Zoning Ordinance Amendment 13-357 for accessory buildings and structures, and the definitions. The Council also passed an ordinance to second reading to reduce single-use plastic bags by retail establishments. V. ORAL COMMUNICATIONS None MINUTES PALM DESERT PLANNING COMMISSION APRIL 15, 2014 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of March 18, 2014. Rec: By Minute Motion, approve as presented. B. REQUEST FOR CONSIDERATION of a lot line adjustment (APN 625-253- 002) at 74_765 Del Coronado Drive. Case No. PMW 13-352 (Mark Pachacki, 74-765 Del Coronado Drive,'Palm Desert, California 92260, Applicant). Rec: By Minute Motion, approve a lot line adjustment, Case No. PMW 13- 352. C. REQUEST FOR CONSIDERATION of a one-year extension to PP/CUP 06- 03 due to the economic conditions, which do not warrant the p.roject's construction. Case No. PP/CUP 06-03 (Gerald Ford Business Park, LLC, 40- 004 Cook Street, Suite 3, Palm Desert, California 92260, Applicant). Rec: By Minute Motion, approve a one-year extension (until August 24, 2015), Case No. PP/CUP 06-03. Upon a motion by Commissioner Campbell, second by Commissioner Greenwood, and a 4-0-1 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, and Greenwood; NOES: None; ABSENT: Stendell), the Consent Calendar was approved as presented. .rr VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION to recommend to the City Council for consideration of adoption of a Notice of Exemption of Environmental Impact, a new four-story 108-room Fairfield Inn & Suites Marriott hotel, and a future restaurant pad located at 74-765 Technology Drive (APN 694-190-061). Case No. PP 14-25 (Prest-Vuksic Architects, 44-530 San Pablo Avenue, #200, Palm Desert, California 92260, Applicant). Commissioner John Greenwood recused himself because he is an associate of Prest-Vuksic Architects (Applicant). wo 2 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\4-15-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 15, 2014 Mr. Kevin Swartz, Assistant Planner, reported that the property is located at Technology Drive. He noted that the site is at the lowest elevation in the City. The applicant is proposing a four-story 108-room Fairfield Inn & Suites Marriott hotel, a future 6,300-square-foot restaurant pad, and the site will maintain 185 parking spaces. He stated that the applicant is also proposing to construct the site in two phases. Phase 1 will consist of the hotel, and Phase 2 would be the restaurant pad. He noted that the construction of the restaurant is not part of the approval. When the applicant submits plans for the restaurant, it would have to be approved by the Architectural Review Commission. The restaurant would not require approval from the Planning Commission or the City Council. He presented photos of the site plan, floor plan, elevations, and photo survey. Mr. Swartz stated that the proposed hotel meets all the development standards except for the height exception. He mentioned that other hotels in the City have received height exceptions. Staff recommended approval and offered to answer any questions. Chair Dash asked if there is a time specification for the construction of the restaurant. Mr. Swartz responded that there is not. However, the Palm Desert Municipal Code does state that a detached restaurant pad must be allocated or have a restaurant within the hotel. Chair Dash inquired if hotel height exceptions are becoming the normal thing to �.. do. Mr. Bagato replied that many hotels have received height exceptions since the City incorporated, which has become a standard practice to make the hotel feasible. Chair Dash referred to photo A3.11, and asked what the area with the shadow is. Mr. Swartz replied that it is an overhang. Chair Dash asked what the reason for height exception is. Are rooms being added? Is it for a flag pole? Mr. Swartz responded that height exceptions are usually for adding rooms. However, this site sits 35 feet below, and you would see the rooftop if the hotel had three floors. With the fourth floor, the applicant is able to screen the mechanical equipment. Mr. Bagato explained that there is a municipal code for the timing of phased projects. He said that precise plans require the restaurant to be built one year after the Certificate of Occupancy has been issued for the hotel, or the applicant may request a one-year extension. vow GAPlanningWonica OReilly\Planning Commission\2014\Minutes\4-15-14 min.dou MINUTES PALM DESERT PLANNING COMMISSION APRIL 15, 2014 Commissioner DeLuna asked if the 56-foot tower element is on the north side closest to Interstate 10. ..err Mr. Swartz replied that is correct. Commissioner DeLuna inquired about the restaurant, and asked if the applicant has to build within code and meet the height requirements. Mr. Swartz replied that is correct. He made clear that the Planning Commission is approving a 6,300-square-foot restaurant pad. If the applicant exceeds the approved square footage, the applicant must return to the Planning Commission for approval for the modifications. Commissioner DeLuna asked what the allowable height is for the restaurant. Mr. Swartz replied 35 feet. Commissioner DeLuna clarified that there are restrictions in place, if the Planning Commission gives a blanket approval for the restaurant pad. Mr. Swartz replied that is correct. Chair Dash declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. .�r MR. JOHN VUKSIC, Prest-Vuksic Architects, 44-530 San Pablo Avenue, Suite 200, Palm Desert, California 92260, referred to photo A3.11 and noted that the shadow demonstrates the depth of the building, the articulation, and the deeply recessed windows that they like to incorporate into the architecture. He noted that the height of the main building is 44 feet, and Cook Street sits at approximately 27 feet so the building is roughly 17 feet above Cook Street. He offered to answer any questions. Commissioner DeLuna asked if the overhang at the top of the building goes straight out or does it angle up. MR. VUKSIC replied that the overhang goes out horizontally. Commissioner DeLuna asked how far out the projection of the overhang is. MR. VUKSIC replied that it is at least 12 or 15 feet. Commissioner Sonia Campbell inquired if all the equipment is located in the middle of the building so nothing is visible from the Cook Street off-ramp. MR. VUKSIC replied that is correct. no 4 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\4-15-14 min.dou MINUTES PALM DESERT PLANNING COMMISSION APRIL 15, 2014 Commissioner DeLuna inquired if there is an applicant for the restaurant. MR. VUKSIC responded that he is not aware of a prospective restaurant at the ""- moment. MR. CODY SMALL, Radius Retail Advisors, 567 San Nicolas Drive, Suite 130, Newport Beach, California, stated that Fairfield Inn & Suites Marriott is not a full service hotel. He stated that at this time, they do not know who will go on the restaurant pad. He also stated that the pad size and height will be at the allowed requirements. Mr. Small voiced his concern with the time limit on building the restaurant. He said that he does not know where the condition for the time limit came from. He understood that there would be no time limit or restrictive covenant on building the restaurant. Mr. Bagato interjected that it is not a condition; it is in the Zoning Ordinance. MR. SMALL stated that he thought the issue was cleared months ago when he met with Planning staff, and asked where the condition came from. Commissioner DeLuna asked if the Planning Commission is constrained to deal with building of the restaurant. Mr. Bagato responded that it is up to the applicant to request a continuance on the item. He said that they would have to review the code and consult with the City Manager and City Attorney. He stated that the Planning Commission could make an action, and staff could figure out the time limit on the restaurant before it goes to the City Council. Mr. Bagato noted that per code there must be a time limit, and a restaurant must be built. Commissioner DeLuna clarified that they will vote on what was presented by staff in terms of the structure of the hotel, the site for the restaurant, and the conditions. Mr. Bagato replied that the Planning Commission's purview is the site plan, the height exemption, the overall land use compatibility, and environmental review. MR. SMALL voiced that he is confused that there is a written condition about a timeline of a restaurant to open a year after their occupancy. Mr. Bagato responded that it is not a condition; it is a law. He briefly referred to the ordinance. Chair Dash requested guidance from the City Attorney. Ms. Jill Tremblay, City Attorney, stated that the hotel and restaurant site plan has to be approved together, and the City Council will review and make a sow 5 WPlanning\Monica OReilly\Planning Commission\2014\Minutes\4-15-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 15, 2014 determination on the ordinance. She said the Council would also look at extensions, if requested. Commissioner DeLuna asked if the Planning Commission gives an approval tonight, is there a timeline that starts running. Ms. Tremblay responded that the timeline would start once the Certificate of Occupancy is issued. Mr. Bagato added that the only timeline that would start is if the Planning Commission approves the item, staff has 40 days to take it to the City Council. Commissioner Campbell clarified that the applicant can request time extensions on the restaurant pad. Mr. Bagato replied that is correct. MR. SMALL commented that he hopes it is approved by the Planning Commission, and his concerns regarding the timeline are worked out in the next few days. He stated that he hopes to have constructive discussion on the timeline with the City Council at the Council level. With no further testimony offered, Chair Dash declared the public hearing closed. Commissioner DeLuna moved, by Minute Motion, to recommend to the City Council for consideration of adoption of a Notice of Exemption of Environmental Impact, a new four-story 108-room Fairfield Inn & Suites Marriott hotel, and a future restaurant building pad located at 74-764 Technology Drive (APN 694-190-061). Motion was seconded by Commissioner Campbell and carried by a 3-0-2 vote (AYES: Campbell, Dash, and DeLuna; NOES: None; ABSENT: Greenwood and Stendell). Commissioner DeLuna moved, by Minute Motion, to waive further reading and adopt Resolution No. 2625, subject to conditions. Motion was seconded by Commissioner Campbell and carried by a 3-0-2 vote (AYES: Campbell, Dash, and DeLuna; NOES: None; ABSENT: Greenwood and Stendell). Commissioner DeLuna commented that it is a beautiful hotel, and thanked the applicant for moving forward in Palm Desert. B. REQUEST FOR CONSIDERATION of adoption of a Notice of Exemption of Environmental Impact, and approval of a Conditional Use Permit for a new underground water well within the boundaries of Shadow Mountain Golf Course along Flagstone Lane (APN 694-190-061). Case No. CUP 14-76 (The Reserve Club, Craig Surdy, 49-400 Desert Rutte Trail, Indian Wells, California 92210, Applicant). No 6 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\4-15-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 15, 2014 Mr. Swartz reported that the applicant is proposing to construct a new underground water well within Shadow Mountain Golf Course. He stated that Shadow Mountain had entered into an agreement with The Reserve Club to make available a 40-foot by 80-foot section of land to drill and install the well. He said staff's main concern of the well site is noise and the aesthetics. Mr. Swartz stated that the applicant is proposing an underground well site within a vault that will not be visible from public view. He presented photos of the proposed site and underground well vault. He mentioned that the underground well site will not give off a buzzing or vibrating sound. Staff determined that the well site as proposed and conditioned would not create added noise. In addition, the site would be landscaped to blend into the golf course. The applicant proposes to begin drilling in June for 24 hours, seven days a week. The applicant will also install sound devices to mitigate sound. Mr. Swartz stated that if the applicant is able to drill 24 hours a day, the drilling will take approximately two weeks; not 30 days as stated in the staff report. Staff recommends that the Planning Commission allow the applicant to drill 24 hours a day at 55 decibels from the hours of 7:00 a.m. to 10:00 p.m., and at 45 decibels from the hours of 10:00 p.m. to 7:00 a.m. He noted that staff added a condition that if noise becomes disturbing and reported by three independent persons, the applicant must restrict drilling to normal construction hours. The applicant will work closely with the residents to ensure they are fully aware of the project, and that the drilling does not bring disruption to the neighborhood. Mr. Swartz stated that staff will also send out a notice providing them with the City's and driller's contact information. He added that a notice of the public hearing was sent out 30 days before the hearing instead of the normal 10 days, and staff only had one call. After staff explained that the well would be underground, the resident did not have concerns. Staff recommended approval and offered to answer any questions. Commissioner DeLuna asked if staff has heard from the homeowner that is located next to the proposed well site. Mr. Swartz replied that he has not. Commissioner Campbell asked if the notices will be sent out within the 300-foot radius. Mr. Swartz responded that staff would send out notices to residents adjacent to the proposed well site. Commissioner John Greenwood asked if there is an elevation on what the electrical meter looks like. What is the meter attached to? Mr. Swartz replied that he does not. He mentioned that the electrical meter might not be at the proposed location. The applicant has to work with Southern California Edison on the location. He deferred the question to the applicant. 7 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\4-15-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 15, 2014 Commissioner Greenwood asked what the plans to secure the proposed well site during construction are. Mr. Swartz responded that there are no plans to add fencing around the well site. There are also no plans to screen the utilities. He also deferred the question to the applicant. Commissioner DeLuna inquired if the City has any requirements to screen the site for safety purposes. Mr. Bagato responded that since the vault is underground, there are no screening requirements. He noted that vaults usually could be locked. Commissioner Campbell asked if there have been any reports of vandalism or entry into vaults at other locations. Mr. Swartz deferred the question to the applicant. Chair Dash declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MR. CRAIG SURDY, General Manager of The Reserve Club, 49-440 Marne Court, La Quinta, California 92253, communicated that they have another well on Haystack Road designed like the well being proposed in Shadow Mountain. He said most people do not notice that it is there. The vault is locked and secured; .I no one will be able to access without a key. He offered to answer any questions. Commissioner DeLuna asked the applicant if they have plans to screen the electrical panel. MR. SURDY responded that they submitted a landscape plan. The area will be screened properly. Commissioner Greenwood asked if the area will be maintained by Shadow Mountain. MR. SURDY replied yes. MR. SCOTT STORMO, Geologist for Earth Systems, 77-596 Justin Court, Palm Desert, California 92260, stated that for safety it is important to drill for 24 hours. MR. CURTIS MC CALLA, President of South West Pump & Drilling, 53-381 Highway 111, Coachella, California 92236, stated that the project is unique from others in trying to obscure or mitigate the visual impact of the water well, which is a primary concern at this location. He mentioned that they have done other wells 8 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\4-15-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 15, 2014 in the area, and they have been satisfactory to the client. He offered to answer any questions. Not Commissioner Greenwood asked the applicant if they have done decibel readings before, and will they be able to meet the condition on the decibel reading levels. MR. McCALLA responded that he has a concern with the 45 decibel reading. He said that since they are close to Portola Avenue, the ambient noise would not meet the 45 decibels. Commissioner Greenwood mentioned that he has seen cargo containers at well sites, and asked if they will be doing the same at the proposed site. MR. McCALLA said yes. Commissioner Greenwood asked what will be the screening during construction. MR. McCALLA responded that during construction they are going to put a 17-foot wall (two cargo containers stacked) along the perimeter of the nearest home. He noted that from a safety standpoint, it is important to operate on a 24-hour basis. Commissioner Greenwood asked if the site is manned 24 hours. MR. McCALLA replied that it is. He mentioned that they estimate it will take approximately two weeks to complete the project. Commissioner Greenwood asked if a geotechnical report has been produced on the proposed well site. MR. McCALLA replied no. Commissioner Greenwood asked if the electrical service will be underground. MR. McCALLA responded yes, and provided a brief description of the landscaping to screen the meter. Commissioner Greenwood asked if the panel will be anchored to a pad or a wall. MR. McCALLA said that it will be anchored to a pad and it will be freestanding. Commissioner DeLuna asked how close the electrical panel will be to the adjacent residents. 9 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\4-15-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 15, 2014 MR. McCALLA responded that they are flexible with the location of the panel; however, Southern California Edison will dictate where the transformer will go which they have no control over. Commissioner Greenwood inquired if the panel will be secured and locked. MR. McCALLA responded that everything has to be locked per the National Electrical Code. Commissioner DeLuna asked how close the drilling will be to the adjacent resident. MR. McCALLA replied that it is approximately 40 feet from the bore hole. Commissioner Campbell asked if the homeowner was contacted to find out if they will be there during the summer. MR. McCALLA said that he has not had contact with the homeowner. Commissioner Greenwood mentioned that the applicant has a concern with the 45 decibel level reading, and asked if staff has an objection to the reading. Mr. Swartz recommended amending Condition of Approval No. 7 to permit drilling 24 hours, seven days a week at 55 decibels. Commissioner Campbell asked if the applicant will be done in two weeks if drilling 24 hours. Mr. Swartz responded that the timeframe is two weeks. Commissioner Greenwood inquired if staff is comfortable with properly notifying the homeowner that is directly adjacent to the proposed well site. Mr. Swartz replied yes. He said that staff will be sending out another notice. Commissioner Campbell suggested taking out Condition No. 9 since the applicant has to drill 24 hours a day for safety measures. Mr. Swartz responded that if the Planning Commission wished to strike the condition, he suggested making it part of the motion. Chair Dash inquired of the work is generally explained to the adjacent residents before work begins. 10 GAPlanningWonica OReilly\Planning Commission\2014\Minutes\4-15-14 min.docx MINUTES PALM DESERT PLANNING COMMISSION APRIL 15, 2014 MR. SURDY responded that they sent a notice with a photograph so they should have a good understanding of what will be happening. He said they included their contact information; however, they did not receive any feedback. Chair Dash voiced his concern with the resident that is directly adjacent to the proposed well site. He said notices come and go, and his fear is that once work starts they should not stop due to safety. Commissioner Campbell stated that she feels staff has given enough notice to the residents, and enough time for them to come forward or complain. With no further testimony offered, Chair Dash declared the public hearing closed. Commissioner Greenwood commented that the work is common practice, and he hopes they do not run into an issue. Commissioner DeLuna clarified that the work will start in the summer so there will be minimal impact. MR. SURDY replied that he hopes the work will begin in June. Commissioner Campbell moved, by Minute Motion, to adopt a Notice of Exemption of Environmental Impact, approve a Conditional Use Permit for a new underground water well within the boundaries of Shadow Mountain Golf Course, delete Condition of Approval No. 9, and amend Condition of Approval No. 7 from 45 to 55 decibels, 24 hours a day. Motion was seconded by Commissioner DeLuna and carried by a 4-0-1 vote (AYES: Campbell, Dash, DeLuna, and Greenwood; NOES: None; ABSENT: Stendell). Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2626, subject to conditions. Motion was seconded by Commissioner DeLuna and carried by a 4-0-1 vote (AYES: Campbell, Dash, DeLuna, and Greenwood; NOES: None; ABSENT: Stendell). X. MISCELLANEOUS A. REQUEST FOR CONSIDERATION to approve Parcel Map Waiver No. 14- 069, a lot line adjustment between two parcels within a planned community development overlay zone located at the end of Technology Drive, subject to the recording of various easements for the benefit of the City and certain specific conditions to be attached to both parcels pursuant to Section 66412(d) of the California Government Code (APNs 694-190-019, 694-190, 074, 694-190-076, and 694-190-077). Case No. PMW 14-069 (Matthew V. Johnson, 45-455 Portola Avenue, Suite 5, Palm Desert, California 92260, Applicant). 11 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\4-15-14 min.dou MINUTES PALM DESERT PLANNING COMMISSION APRIL 15, 2014 Mr. Bagato explained that Parcel Map Waivers are typically under the Consent Calendar and most do not have conditions. He said that this Parcel Map Waiver has conditions attached to both parcels for the benefit of the City; therefore, it is .. under Miscellaneous. Staff recommended approval and offered to answer any questions. Commissioner DeLuna asked if the applicants pay for the amendments that are being done. Mr. Bagato replied yes. Commissioner Campbell moved, by Minute Motion, to approve Parcel Map Waiver No. 14-069, a lot line adjustment between two parcels within a planned community development overlay zone located at the end of Technology Drive. Motion was seconded by Commissioner Greenwood and carried by a 4-0-1 vote (AYES: Campbell, Dash, DeLuna, and Greenwood; NOES: None; ABSENT: Stendell). Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2627, subject to conditions. Motion was seconded by Commissioner Greenwood and carried by a 4-0-1 vote (AYES: Campbell, Dash, DeLuna, and Greenwood; NOES: None; ABSENT: Stendell). XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None PARKS & RECREATION Chair Dash reported that the Parks & Recreation Commission discussed park use at University Park. XII. COMMENTS Commissioner Greenwood commented that Vice Chair Stendell, Mr. Swartz, and he attended the 2014 Planning Commissioners' Academy in San Francisco. He said it was a fantastic experience. He appreciated that the City allocated funds for two Commissioners to attend, including a staff person. He recommended that the Planning Commission view a presentation given by Mr. Tony Seba called The Future of Transportation: Technology Mega-Trends that will Soon Disrupt Public and Private Transportation. He noted that Mr. Seba will be posting the presentation on his website. He thanked the City and the Planning Commission for allowing him to attend the conference. ■o 12 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\4-15-14 min.dou MINUTES PALM DESERT PLANNING COMMISSION APRIL 15, 2014 Commissioner DeLuna commented that the City's Planning staff excels in the level of knowledge and professionalism; the City is very fortunate. tow Commissioner Campbell agreed with Commissioner DeLuna that Planning staff is the best. XIII. ADJOURNMENT Upon a motion by Commissioner DeLuna, second by Commissioner Greenwood, and a 4-0-1 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, and Greenwood; NOES: None; ABSENT: Stendell), Chair Dash adjourned the meeting at. 7:29 p.m. _z c RO R DASH, CHAIR ATTEST: TONY BAGATO, SECRETARY PALM DESERT PLANNING COMMISSION a MONICA O'REILLY, R ORDING SECRETARY 13 GAPlanning\Monica OReilly\Planning Commission\2014\Minutes\4-15-14 min.docx