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HomeMy WebLinkAbout2015-06-16 PC Regular Meeting Minutes CITY OF PALM DESERT wow PALM DESERT PLANNING COMMISSION MINUTES TUESDAY, JUNE 16, 2015 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Ken Stendell called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Commissioner Sonia Campbell Commissioner Nancy DeLuna Commissioner Joseph Pradetto Vice Chair John Greenwood alm Chair Ken Stendell Staff Present: Bob Hargreaves, City Attorney Lauri Aylaian, Director of Community Development Tony Bagato, Principal Planner Eric Ceja, Associate Planner Kevin Swartz, Assistant Planner Christina Canales, Assistant Engineer Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Vice Chair John Greenwood led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Lauri Aylaian, Director of Community Development, summarized pertinent May 28, 2015, City Council actions. V. ORAL COMMUNICATIONS None MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 2015 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of May 19, 2015. ,rrr Rec: By Minute Motion, approve as presented. B. REQUEST FOR CONSIDERATION of a parcel map waiver to merge lots at the northeast corner of Monterey Avenue and Dinah Shore Drive (APNs 685- 020-014, 685-020-001, 694-060-005, 694-060-008, & 694-060-009). Case No. PMW 15-147 (Riverside County, c/o James Force, Applicant) Rec: By Minute Motion, approve a parcel map waiver, Case No. PMW 15- 147. Upon a motion by Commissioner Campbell, second by Vice Chair Greenwood, and a 4-0-1 vote of the Planning Commission (AYES: Campbell, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None; ABSTAIN: Pradetto), the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS .wr None IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a Conditional Use Permit (CUP) to operate a 42-bed alcohol and drug abuse recovery/treatment facility within the Office Professional zone located at 44-660 San Pablo Avenue. Case No. CUP 14-431 (Ferrigno, LLC. & Maylar L.P., Dallas, Texas, Applicants). Vice Chair Greenwood stated that he is employed by Prest Vuksic Architects, who are the architects for this project. In addition, his employer is also the architect for a residence close to the proposed El Paseo Hotel, which is the second item under Public Hearings. Therefore, he recused himself from the proceedings. Mr. Kevin Swartz, Assistant Planner, noted that the Planning Commission received new documentation that was delivered Monday and prior to the meeting. He asked if the Commissioners had had an opportunity to read the new materials, or if they needed additional time to do so. Receiving no request for time, he continued to present the staff report (staff report is available at www.cityofpalmdesert.org). He stated that there are numerous letters from the neighbors in opposition of the proposed project, and some of them are present 2 GAPlanningWonica OReilly\Planning Commission\2015\Minutes\6-16-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 2015 tonight to voice their concerns. Based on the staff report and the findings made within the resolution, staff recommended denying CUP 14-431. He said that amp before questions and the public hearing is opened, the City Attorney would like to comment on this matter. Mr. Robert Hargreaves, City Attorney, stated that the Planning Commission has been called upon to make a land use decision based on land use factors. They are not called upon to make judgments on particular persons. He stated that persons in rehab are considered disabled and are protected from discrimination by federal and state laws. He reiterated that when making a decision, the Planning Commission needs to focus on the land use compatibility issue, and not on people's perceptions of particular individuals that may occupy the residences of the proposed project. Commissioner Nancy DeLuna asked staff if they could answer who would be the potential operator of the proposed facility. Mr. Swartz deferred the question to the applicant. Chair Stendell asked if two-story units are allowed on the property. Mr. Swartz replied that two-story units are allowed in an Office Professional zone, and pointed out that there is a two-story building to the north of the property. too Commissioner Joseph Pradetto inquired if commercial on the ground floor and residential upstairs would be compatible in the current zoning. Mr. Swartz responded that the current zoning is Office Professional. Commissioner Pradetto noted that the staff report states mixed use/residential. Mr. Swartz said that staff added it to the report because of the City's General Plan discussions. Chair Stendell declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MR. JOE FERRIGNO, Irvine, California, stated that they got involved in this project approximately nine months ago, and they were told that the Planning Department was going to work with them. He noted that staff is recommending a denial of the CUP; however, they will file a letter to appeal. He voiced that they are trying to improve the area. He and his partner, Mr. Craig Johnson, own three properties in the immediate vicinity. He stated that there is nothing they will do that will depreciate the value of their properties. Mr. Ferrigno noted that the area needs to be enhanced and improved. He also noted that there are a lot of transients in the area and sleeping on the property. He said that they want to preserve the outside of the property, and rebuild the interior of each building. He 3 GAPlanningWonica OReilly\Planning Commission\2015Winutes\6-16-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 2015 mentioned that they are proposing a luxury rehab facility, the first in Palm Desert. There are facilities in Indian Wells and Rancho Mirage. He said that they invited some of the members of the Planning Department to tour Michael's House in Palm Springs, which is located across from $650,000 residences and a $1 million plus golf resort. He stated that their intention is to make the property on San Pablo Avenue brand new, first-class, and first-rate to improve the area. He mentioned that the facility would employ 40-50 people that it would benefit the community and not hinder the community. He read a zoning confirmation letter dated May 30, 2014, which listed the use for the property. He asked what changed since the May 30th letter. Mr. Ferringo commented that they have been told that there is going to be an updated General Plan. However, developers live in the reality of today; developers do not know if the General Plan will be approved. He stated that their concept is to improve the property. Commissioner Pradetto asked if the property is in escrow. MR. FERRIGNO replied that they are not the owners of the property. He said that they cannot close escrow until they go through the CUP process. Commissioner Pradetto asked the applicant what his confidence level is that he can attract the high-end tenants that may prefer a more pleasant surrounding. MR. FERRIGNO responded that they are the developers of the property; not the operators. He stated that they are working with a number of people to put a national operator on the property. He indicated that the operator will be like the people that operate Michael's House in Palm Springs and the Betty Ford Center, which are quality properties. He also indicated that the people that would come to stay at the proposed rehab/treatment facility would pay between $10,000 and $35,000 a month. Commissioner Pradetto asked staff what the life span of a CUP is. Ms. Aylaian responded that a CUP runs with the land so that once it is approved, it remains in effect. She said that the ownership and operator of the property can change, but the CUP still remains in effect. A CUP is permanent; however, it can be revoked after a public hearing if the facility were to violate the conditions of approval. Commissioner DeLuna asked the applicant why the potential operator does not want to disclose the name or user of the proposed facility. MR. FERRIGNO replied that there are a few operators that want the property; however, they have signed confidentiality agreements with them. He noted that they are national, well-known operators, with a lot of facilities that are first-rate in their opinion. 4 GAPlanning\Monica OReilly\Planning Commission\2015\Minutes\6-16-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 2015 Chair Stendell asked the applicant how he sees this piece of property shaking hands and being a good neighbor with the other elements of the commercial core along San Pablo Avenue. MR. FERRIGNO responded that to be a good neighbor, they would like to clean the property so that the buildings could be used right now. As you wait for the highest and best use to be able to develop the property is something else. He stated that as developers you always want the opportunity to take it from a one- story to a five-story, but it has to go with the economic feasibility of it. He said that the proposed facility is a good interim use. The following individuals spoke in OPPOSITION to the proposed 42-bed alcohol and drug abuse recovery/treatment facility at 44-660 San Pablo Avenue for the following reasons/claims: There is an increase of vagrants and increase of crime (assault, drug use, theft, and trespassing) in the area of the proposed facility, and there is not enough police to handle the calls. In addition, business owners/residents are concerned for their safety, property value depreciation, noise, traffic, and not knowing who the operator of the proposed facility will be. A rehab facility at this location is not the correct land use. MR. JOHN MARTINEZ, Chopin Court, Rancho Mirage, California. MS. SUSAN FRANCIS, John F. Kennedy Memorial Foundation, San Gorgonio Way, Palm Desert, California. MS. SARITA STARR, Royal Palm Drive, Palm Desert, California. MS. SALEEN ROWAN, Loving All Animals, Alessandro Drive, Palm Desert, California. MS. LYNNE LOCKWOOD, Loving All Animals, Alessandro Drive, Palm Desert, California. MS. LINDI BIGGI, Joshua Tree Street, Palm Desert, California. MR. ROD MURPHY, Arboleda Avenue, Palm Desert, California. MS. LORIE LOFTIS, Loving All Animals, Alessandro Drive, Palm Desert, California. MS. JANET McAFEE, Joetta Place, Palm Desert, California. MR. DAVID FLETCHER, El Paseo, Palm Desert, California. MS. SHELLY BRICKER, San Pascual Avenue, California. MS. KATHY QUIRK, Catalina Way, Palm Desert, California. 5 G:\PlanningWonica OReilly\Planning Commission\2015\Minutes\6-16-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 2015 MS. PAT GALVEZ, Catalina Way, Palm Desert, California. .rf MR. SCOTT FISHER, San Marino Circle, Palm Desert, California. MR. FERRIGNO stated that the people staying at the facility would be watched 24 hours a day and they can't leave the property. He does not see more crime, he sees less crime. He mentioned that they have plenty of parking available, and that there will not be 44 people at one time working. Mr. Ferrigno stated that stores in the area are creating a nuisance, but it is not something that they can control. Also, patients would be at the facility to get clean from drugs so he does not see them bringing drugs to the facility. With no further testimony offered, Chair Stendell declared the public hearing closed. Chair Stendell made clear that the Planning Commission is in charge of handling a land use issue. They are not in charge of handling the issues with crime or drugs, which is a sensitive issue. Commissioner Pradetto commented that the applicant noted other rehab locations that are performing better. He asked staff if they know where they are located. Ms. Aylaian indicated that it was recently brought to the City's attention by residents in the area that there are several rehabs or halfway houses, which are permitted by right under state law if there are six or fewer residents. However, residents have reported that there are more than six residents, and staff is investigating those reports at this time. Commissioner Pradetto inquired if the State of California would be the enforcement authority over those homes. Ms. Aylaian replied no. She said that if it is greater than six, then the City will be the enforcing authority. Commissioner Pradetto commented that the Planning Commission heard a lot of concerns. If they pretend that this facility were to come in with high-end clients recovering from alcohol/drug addiction, and it operates exactly as the applicant describes, and solves the crime issue and everything can be mitigated, does it change their discussion? However, when you get down to the land use and assuming that it solves all the issues, is it still the correct use? He stated that he questions it for a number of reasons: 1) There is no guarantee on the operator to make sure that the programs are 100 percent effective; 2) Considering the direction the City is planning for the San Pablo corridor, he is concerned with a CUP that has a permanency; and 3) It was noted that the rehab facility residents will not be interacting with the local businesses. However, in a commercial core .r. the City is creating a commercial blackout zone where the surrounding residents 6 GAPlanning\Monica OReilly\Planning Commission\2015\Minutes\6-16-15 min.dou MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 2015 cannot interact with the businesses. He stated that the best use is a situation where there is permeability with the businesses and the interaction of the community, and he does not think that the application provides for that. Commissioner DeLuna said that the property is currently zoned Office Professional. Under the zoning ordinance, 100 percent residential is not ideal for that location on San Pablo Avenue. The use would create a dead space in an otherwise active pedestrian corridor, which is better suited for retail/commercial use. She mentioned that the City is in the process of updating the General Plan, and that portion of San Pablo Avenue is pivotal urban linkage between the highly retail and commercial district on Highway 111 and El Paseo transitioning to City Hall, Civic Center Park, and College of the Desert. In the update process, the City is seeking to support San Pablo Avenue urban linkage with retail and commercial in that location. Commissioner DeLuna thanked the applicant for choosing Palm Desert to do business. She would support a project such as this; however, the proposed location is not well suited when considering the issue of land use. Commissioner Campbell agreed with Commissioner DeLuna. She stated that the staff report states all the reasons why the CUP would not be compatible with the future vision of San Pablo Avenue. It is an excellent corridor from City Hall to El Paseo, and the City would like to keep it that way. Chair Stendell stated that there are three major streets in Palm Desert that are precious to the City. San Pablo Avenue is the shortest; and probably the third most important street. He thinks that in the commercial core is imperative that there be some sort of a use on the proposed property, whether it be office professional or anything else that shakes hands and uses the facilities of other office professionals and other commercial elements in that commercial core. He stated that it is imperative that the City preserve the property with something that will not create a blackout as previously stated by Commissioner Pradetto. Commissioner DeLuna moved, by Minute Motion, to deny a CUP to operate a 42-bed alcohol and drug abuse recovery/treatment facility within the Office Professional zone located at 44-660 San Pablo Avenue. Motion was seconded by Commissioner Campbell and carried by a 4-0-1 vote (AYES: Campbell, DeLuna, Pradetto, and Stendell; NOES: None; ABSENT: Greenwood; ABSTAIN: None). Commissioner DeLuna moved, by Minute Motion, to waive further reading and adopt Resolution No. 2650, denying Conditional Use Permit 14-431. Motion was seconded by Commissioner Campbell and carried by a 4-0-1 vote (AYES: Campbell, DeLuna, Pradetto, and Stendell; NOES: None; ABSENT: Greenwood; ABSTAIN: None). B. REQUEST FOR CONSIDERATION of a recommendation to the City Council for approval of an addendum to a Mitigated Negative Declaration of Environmental Impact and amendments to the approved Precise Plan, Conditional Use Permit, and Development Agreement for a three-story, 152- 7 GAPlanning\Monica OReilly\Planning Commission\2015\Minutes\6-16-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 2015 room boutique hotel development located at the northeast corner of Larkspur Lane and Shadow Mountain Drive. Case Nos. DA/PP/CUP 15-087 (El Paseo Hotel, LLC, El Dorado Hills, California, Applicant). Mr. Eric Ceja, Associate Planner, presented the staff report and recommended approval (staff report is available at www.cityofpalmdesert.org). He noted that staff would like the applicant to bring back the plans for the perimeter wall for review and approval. He offered to answer any questions. Commissioner DeLuna pointed to a pie-shaped piece of land, and asked what is planned for that area. Mr. Ceja replied that it would be the hotel's service area, which will be landscaped with trees to screen the area. Commissioner DeLuna asked if there will be a secondary access. Mr. Ceja responded that the access will be the driveway on Larkspur Lane. Commissioner Pradetto stated that assuming the Planning Commission did not approve the proposed project, would the developer have to continue with the project as previously approved. Mr. Ceja responded that under the existing entitlements, the developer could choose to build the approved hotel, propose modifications, or choose not to build the hotel and let the entitlements expire. Commissioner Pradetto commented that he likes the new architecture. Commissioner Campbell also commented that she likes the new architecture, the new changes, valet parking for better traffic flow, and changing the pool to ground level. Chair Stendell declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MR. ROBERT LEACH, Project Manager, Loch Way, El Dorado Hills, California, stated that they started this journey four years ago. He noted that they brought in Marriott Autograph Collection as their franchise. He stated that Marriott gave them the ability to build a unique boutique hotel that could be unique to the district and El Paseo shopping district. Mr. Leach indicated that the City will not see a chain hotel; it will be a unique boutique hotel at a four-star level. He mentioned that they met with the neighbors twice to address their concerns, and they made a lot of changes to the hotel that he believes pleased them. He commented that they are not the slowest development group, because it was a Redevelopment Agency property, they had to go through a long process with the State of California on the release of the property. The State released the property 8 GAPlanning\Monica OReiIIy\Planning Commission\2015\Minutes\6-16-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 2015 in September 2014. Their goal is to be under construction in September 2015, and openr by January 2017. Mr. Leach stated that their goal is to build the best hotel in the desert. The following individuals spoke in FAVOR of the proposed three-story, 152-room boutique hotel located at the northeast corner of Larkspur Lane and Shadow Mountain Drive for the following reasons/claims: The hotel is needed to bring people during the summer, assist businesses on El Paseo to help pay their premium rents, and it will help activate El Paseo in the evening. It was suggested that whoever is operating the hotel that it is operated in a high-end standard. MR. ROBERT BRUGEMAN, El Paseo business owner, Palm Springs, California. MR. DAVID FLETCHER, on behalf of El Paseo merchants, Palm Desert, California. The following individual spoke in OPPOSITION of the proposed three-story, 152- room boutique hotel located at the northeast corner of Larkspur Lane and Shadow Mountain Drive for the following reasons/claims: Concerns with construction, big trucks in the neighborhood, and a three-story building. He questioned why he was not given a notice, and why they are so close to starting construction in September 2015. MR. MIKE KOUBA, Shadow Mountain Drive, Palm Desert, California. With no further testimony offered, Chair Stendell declared the public hearing closed. Commissioner Pradetto asked staff to address the concern with construction. Mr. Ceja responded that it is the nature of development in order to do construction at the site. The applicant will have to conform to the City's construction hours. Chair Stendell mentioned that he lives on Shadow Mountain Drive, and he has talked to the traffic engineer regarding commercial traffic on that street. He asked if the City could add a condition to keep commercial traffic off Shadow Mountain Drive. Ms. Aylaian clarified if Chair Stendell referred to the commercial construction traffic for the proposed hotel or commercial traffic in general. Chair Stendell replied only for the hotel project. Is there a way to get commercial traffic off residential streets in an expeditious manner? Ms. Aylaian responded that the most effective way would be by policing the traffic. 9 GAPlanningUonica OReilly\Planning Commission\2015\Minutes\6-16-15 min.dou MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 2015 Commissioner Pradetto commented that the reduction of rooms is not drastic, and the new changes make it a preferable project. Commissioner Campbell stated that the developer said they want to open in January 2017, and noted that it will only be 14 months of construction if they start in September 2015. Commissioner DeLuna thanked the applicant for coming to Palm Desert to do business. She thinks that the hotel that was presented is an exciting project, and it will benefit the City. She commented that with progress it brings challenges, and construction is one of the challenges. However, the end result outweighs any concerns with the construction process. She asked if the condition for the review and approval of the wall is included in the conditions of approval, or would it be an additional condition. Mr. Ceja replied that it is included in the conditions of approval as part of the resolution. Chair Stendell congratulated the developer's efforts on this project. He thinks that the developer has done a great job at meeting with the local residents that are greatly affected. Commissioner DeLuna moved, by Minute Motion, recommending to the City Council approval of an addendum to the Mitigated Negative Declaration of Environmental Impact and amendments to the approved Precise Plan, Conditional Use Permit, and Development Agreement for a four-star, 152-room, three-story hotel development, subject to conditions. Motion was seconded by Commissioner Campbell and carried by a 4-0-1 vote (AYES: Campbell, DeLuna, Pradetto, and Stendell; NOES: None; ABSENT: Greenwood; ABSTAIN: None). Commissioner DeLuna moved, by Minute Motion, to waive further reading and adopt Resolution No. 2651, subject to conditions. Motion was seconded by Commissioner Campbell and carried by a 4-0-1 vote (AYES: Campbell, DeLuna, Pradetto, and Stendell; NOES: None; ABSENT: Greenwood; ABSTAIN: None). X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None 10 GAPlanning\Monica OReilly\Planning Commission\2015Winutes\6-16-15 min.dou MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 2015 B. PARKS & RECREATION None C. GENERAL PLAN UPDATE TECHNICAL WORKING GROUP Commissioner DeLuna commented that the group discussed the possibility of having the Planning Commission sit-in on the General Plan Update process, and asked staff if that is still being considered. Ms. Aylaian suggested that a presentation is presented at one of the Planning Commission's regular meetings. XII. COMMENTS Chair Stendell inquired if there is anything going on with the proposed hotel on Highway 74. Ms. Aylaian replied that not to her knowledge. Staff is not aware of any imminent development. Mr. Hargreaves congratulated the Planning Commission for doing a fine job in handling a very difficult project with the rehab facility. XIII. ADJOURNMENT Upon a motion by Commissioner DeLuna, second by Commissioner Campbell and a 4-0-1 vote of the Planning Commission (AYES: Campbell, DeLuna, Pradetto, and Stendell; NOES- None; ABSENT: Greenwood; ABST IN: None), Chair Stendell adjourned the meeting at 7:48 p.m. K N ST L, CHAIR ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION C MONICA O'REILLY, REC ING SECRETARY 11 GAPlanning\Monica OReilly\Planning Commission\2015\Minutes\6-16-15 min.dou