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HomeMy WebLinkAbout2015-08-18 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES TUESDAY, AUGUST 18, 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 aw Chair Ken Stendell Staff Present: Bob Hargreaves, City Attorney Lauri Aylaian, Director of Community Development Tony Bagato, Principal Planner Eric Ceja, Associate Planner Christina Canales, Assistant Engineer Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Chair Stendell led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION None V. ORAL COMMUNICATIONS None ice. MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 2015 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of August 4, 2015. Rec: By Minute Motion, approve as presented. Upon a motion by Commissioner Pradetto, second by Commissioner DeLuna, and a 5-0 vote of the Planning Commission (AYES: Campbell, DeLuna, Greenwood, Pradetto, and Stendell; NOES: None; ABSENT: None; ABSTAIN: None), the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None Vill. NEW BUSINESS None IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a recommendation for approval of an amendment to a Development Agreement for Starwood Vacation Ownership located at 39-500 Portola Avenue. Case Nos. DA 96-1 Amendment 2/HTE 15-200 (WVC Rancho Mirage, Inc. c/o: Starwood Vacation Ownership, Orlando, Florida, Applicant). Mr. Tony Bagato, Principal Planner, presented the staff report and recommended approval (staff report is available at www.cityofpalmdesert.org). He noted under state law and the Palm Desert Municipal Code, the Planning Commission only makes a recommendation to the City Council. He offered to answer any questions. Commissioner Nancy DeLuna asked how many units have been developed to date between Intrawest and Starwood. Mr. Bagato responded Starwood has 134 units built, and Intrawest has 56 units built. When both projects are completed, there will be a total of 396 units between both properties. Commissioner DeLuna inquired if both properties are half developed. Mr. Bagato replied that is correct. Commissioner Sonia Campbell asked if the City Council is already in agreement with this request. aw 2 GAPlanning\Monica OReilly\Planning Commission\2015\Minutes\8-18-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 2015 Mr. Bagato responded that the City Council has approved other amendments, a moratorium, and waivers to the Development Agreement in the past. ow Vice Chair John Greenwood inquired what the process would be if the product type were to change. Mr. Bagato explained if there were minor architectural changes, the project would go back to the Architectural Review Commission. If the height limit were to change and no longer met the development standards, it would need to return to the Planning Commission for approval. Chair Stendell asked if the project would be built by the end of this time extension. Mr. Bagato replied that the applicant anticipates the project would be built out by the time the extension expires. Chair Stendell declared the public hearing open and invited any public testimony IN FAVOR or OPPOSITION. MS. EMILY HEMPHILL, counsel for Starwood Vacation Ownership, Rancho Mirage, California, thanked the Planning Commission for considering their request. She made clear they are not making changes to the physical plans, which were approved in 2006 and 2007. She said the issue is how fast they are aw developing the units. She noted with the downturn of the economy, they slowed down but never stopped building units. In addition, amenities were added and are sized for the overall project. It is important to them to keep a high quality project to present the image Palm Desert and Starwood desire. Ms. Hemphill said the applicant is only requesting more time to finish the project. As to the Project Amenity Fee, they pay the fee on units that currently exist. She noted between 2006 through 2014, they have paid over $2.5 million in fees. The applicant feels the request is fair, it is a good project for the city, and they work well with Desert Willow and have helped with improvements on the golf course. In conclusion, she hopes the Planning Commission recommends approval to the City Council. With no further testimony offered, Chair Stendell declared the public hearing closed. Commissioner Joseph Pradetto commented he is in favor. They are only changing how and when they get to the end of the project. Commissioner Campbell moved, by Minute Motion, for approval of an amendment to a Development Agreement for Starwood Vacation Ownership. Motion was seconded by Vice Chair Greenwood and carried by a 5-0 vote (AYES: Campbell, DeLuna, Greenwood, Pradetto, and Stendell; NOES: None; ABSENT: None; ABSTAIN: None). ftw GAPlanning\Monica OReilly\Planning Commission\2015\Minutes\8-18-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 2015 Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2654, recommending to the City Council approval of Development Agreement 96-1 Amendment 2, which provides a time extension and modifies payment of the Project Amenity Fee. Motion was seconded by Vice Chair Greenwood and carried by a 5-0 vote (AYES: Campbell, DeLuna, Greenwood, Pradetto, and Stendell; NOES: None; ABSENT: None; ABSTAIN: None). B. REQUEST FOR CONSIDERATION of a recommendation to the City Council for approval of an amendment to a Development Agreement, a Precise Plan, a Change of Zone, a Parcel Map Waiver, and a Categorical Exemption under the California Environmental Quality Act for the expansion of the Legend Gardens assisted living facility including 15 new assisted living units and 12 memory care units at the southwest corner of Catalina Way and San Pascual Avenue. Case Nos. DA/PP/CZ/PMW/EA 15-086 (Prospect Companies, Solana Beach, California, Applicant). Mr. Eric Ceja, Associate Planner, reviewed the staff report and displayed photos of the site and plans for the proposed project (staff report is available at www.citvofpalmdesert.org). He noted staff recommended a condition that the final landscape plans come back to staff for review and approval. At the conclusion of his report, he offered to answer any questions. Vice Chair Greenwood referred to sheet A-1 of the site plan. He asked if the existing trash enclosure has been reviewed and approved by Burrtec for added capacity and frequency of pickups. Mr. Ceja replied yes. He said Burrtec has approved and stamped the plans. He noted that the applicant would have to enlarge the trash enclosure to comply with the American with Disabilities Act (ADA) regulations. Vice Chair Greenwood inquired if there was discussion on what is projected for staffing for the proposed memory care facility as it pertains to parking. Mr. Ceja deferred the question to the applicant. Vice Chair Greenwood said he reviewed the rooftop plans, and there is an area over the memory care which shows the screening of mechanical units. However, he does not see any mechanical storage, FAU closets, or condenser locations on the floor plans of the assisted living facility. He asked what type of systems will be provided. Mr. Ceja responded that HVAC equipment will be screened as shown in the roof plans. However, each individual unit will have a ductless air conditioner, and would be stored on the outside patio areas. They would not be visible since they will be below the patio wall. I.rr 4 GAPlanning\Monica OReilly\Planning Comm ission\2015\Minutes\8-18-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 2015 Vice Chair Greenwood referred to sheet A-1 and the setback on the northeast corner of the property. He noted there is an encroachment on one of the units and over the setback. He asked if it was discussed. Mr. Ceja replied the City is requesting for the adjustment to be applied along Catalina Way. He stated staff is still recommending approval over the setback line. He explained the area will be surrounded by landscape, it's near the corner, and will have a patio that would allow the applicant to maintain consistent design for the entire facility. He noted the senior overlay allows for flexibility in the design standards. Vice Chair Greenwood asked if any other options were explored. Mr. Ceja replied no. Vice Chair Greenwood inquired if there were any discussions on having solar panels mounted on the proposed new facility. Mr. Ceja replied no and deferred the question to the applicant. Chair Stendell declared the public hearing open and invited any public testimony IN FAVOR or OPPOSITION. MR. MARK HELLICKSON, Prospect Companies, Solana Beach, California, Now stated they are adding a component to Legend Gardens, which will offer memory care assisted living. They took into consideration being sensitive to the surrounding neighborhood. It will be a smaller facility and only a one-story building. He mentioned the architect is also present, and they are both available to answer any questions. Lastly, it was mentioned that the existing administrator/operator will maintain his position in the new facility. Commissioner Campbell asked the applicant if they have ever received complaints from the neighbors. MR. HELLICKSON responded he is new to the facility, and he does not have a track record of any type of complaint. He explained these types of facilities would not have a barking dog in the backyard. This is a quiet facility with people who are 65 and older who require additional help. Commissioner DeLuna asked if the City would know if there had been any complaints. Ms. Aylaian responded the City would know; however, she has not checked the records. Also, nothing has come to her level of awareness as far as code compliance, noise complaints, or any other incompatibilities with the too neighborhood for the existing operations. 5 GAPlanning\Monica OReilly\Planning Commission\2015\Minutes\8-18-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 2015 Commissioner DeLuna inquired if the proposed new facility is considered to be a transitional one so people that enter the facility with a tremendous degree of independence can transition into an assisted and full care living environment. .r MR. HELLICKSON replied yes. Chair Stendell asked if the roof equipment is ducts and split systems with compressors on the roof. MR. HELLICKSON said yes. However, the assisted care units have the condenser on the patio. Chair Stendell asked if the new property being developed was acquired at the same time as the original piece of property. MR. HELLICKSON responded no. They are in contract with all of them to be coterminous upon approval of entitlement. Chair Stendell questioned if the adjacent residents are aware of the proposed project. MR. HELLICKSON replied yes. He commented that one of the residents is considering moving closer to one of her sons. The other home, which has a tenant, is owned by the owner of Legend Gardens. However, the tenant is fully aware of the project. Chair Stendell inquired if there are any provisions for solar panels. MR. HELLICKSON stated they are considering solar panels if they are able to fiscally absorb the cost in the initial expansion. If they are not able to at that time, they would outfit it so they could add the solar panels at a later time with the operational cash flow. Commissioner Pradetto asked if the operator has experience with memory care in addition to assisted living, or this a new business venture. MR. HELLICKSON responded that the operator does not have past experience. He said another member on his team has experience in memory care and has managed skilled nursing facilities across California. Commissioner Pradetto asked the applicant to explain the design considerations that go into memory care versus assisted living. He pointed out that some of the activity rooms open to the neighbors in the back. He voiced his concern with patients that do not have control over themselves as some of the people in assisted living, which may generate more noise for the adjacent residents. 6 GAPlanning\Monica OReilly\Planning Comm ission\2015\Minutes\8-18-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 2015 MR. WILLIAM SELL, Irwin Partners Architects, Costa Mesa, California, explained that the yard is going to be enclosed with a full height wall and have a circular ... flow to keep an internal focus, and patients are not enticed to wander beyond their boundaries. Commissioner Pradetto asked what the staffing ratio is for the memory care facility. Will there always be someone with the patients when they are out wandering in the garden area. MR. SELL responded typically it would be a family member escorting the patient throughout the area. He stated he does not know the staffing ratio. MR. HELLICKSON indicated the memory care facility is split into two halves. There would be a full-time person on each side so staff is aware of where the residents are. In addition, there is a line of sight into to the courtyard from the central area where staff would be able to see the residents. He stated the residents would not be able to get out through the gate, and there will be a six- foot wall on the south side. MR. SELL noted the gates will have an alarm, which will alert staff someone is trying to get out. Vice Chair Greenwood asked Mr. Hellickson what would be the staff count for the memory care facility. MR. HELLICKSON responded there would be a minimum of two people; one on each side. There would also be a roaming person in the common area and/or outside, and they would have a roamer for both the assisted living and memory care facilities. Vice Chair Greenwood asked if there is any other staff associated with the assisted living facility. MR. HELLICKSON replied yes. With the current existing staff, there would be one additional staff person for only the assisted living facility. Vice Chair Greenwood asked if they would have four to five people. MR. HELLICKSON answered they would have between five and six people depending on the hours and the scheduling. Vice Chair Greenwood inquired if the additional five to six people are an addition to existing staff. MR. HELLICKSON responded that currently at peak time there are five people on-site. With the new facilities, there would be an additional three people during 7 GAPlanning\Monica OReilly\Planning Commission\2015\Minutes\8-18-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 2015 peak time. He said during the peak time, there would be a total of eight people for about an hour while shifts change. �r Vice Chair Greenwood clarified that there may also be a family member joining a resident at the memory care facility. MR. HELLICKSON said there is the possibility a family member would escort a resident outside while visiting. Vice Chair Greenwood commented that his overall concern has to do with the parking count. He asked the applicant if he is confident that the parking area allocated is sufficient. MR. HELLICKSON affirmed he is very confident. He explained that the residents do not drive. He mentioned over the past year, there was only one resident who has a car. Legend Gardens also has a car that transports people to the hair salon and other places. In addition, currently there are nine employees that rotate through different shifts, plus two part-time employees. He noted three employees get dropped off. Mr. Hellickson said the memory care facility would have zero parking impact from a resident's perspective. Vice Chair Greenwood pointed out the setback at the northeast corner. He asked the applicant how he felt about easing the corner to be more in line with the setback. .r MR. HELLICKSON responded if they were to ease the pitch of the roof, they would have an odd roofline. He commented that the building would look different from the existing buildings. He stated easing the corner would also infringe on the floor area, which would change the use of the unit and render the living area. Vice Chair Greenwood referred to the block walls for the patios on the north side. He asked the applicant if there is an opportunity to provide a little bit of articulation to create a little more interest to break-up the long consistent plain in the block wall. MR. HELLICKSON responded that they would be open to that suggestion. He asked the Planning Commission to keep in mind that with the elevations there is no landscaping. He is agreeable offsetting the wall if they are allowed to do a minimal offset. Vice Chair Greenwood stated that the plans would go back to the Architectural Review Commission (ARC) for final construction document review. He suggested that Mr. Sells take a look at offsetting the block wall, and have the ARC take a look at it during the final construction document review. MR. CRAIG ZUNDEL, Palm Desert, California, noted that he is neither in favor nor in opposition of the project. He expressed his concern with parking. He asked 8 GAPlanning\Monica OReilly\Planning Commission\2015Winutes\8-18-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 2015 if the applicant is contemplating using either side of the street on Catalina Way or San Pascual Avenue for parking. Mr. Ceja responded that both roadways allow for on-street parking. If on-street parking is necessary for overflow, it would occur along Catalina Way since both entrances are off Catalina Way. MR. ZUNDEL pointed to an opening in one of the photos of the memory care facility, and asked if it is a gate or entrance to or from the facility. Mr. Ceja answered that the gates are not intended for entry. The gates are there for egress; exit or path of travel in case of an emergency. MR. ZUNDEL asked if the gates remain locked unless there is an emergency. Mr. Ceja replied yes. With no further testimony offered, Chair Stendell declared the public hearing closed. Commissioner DeLuna stated she had one more question for the applicant. Chair Stendell reopened the public hearing for additional testimony. Commissioner DeLuna asked the applicant to clarify that the parking does not double; however, some of the occupancy will double but it does not mean the amount of people driving would double. MR. HENDRICKSON replied that is correct. The residents in the units would double, but the residents do not drive so they would not have a car impact to the parking lot. With no further testimony offered, Chair Stendell declared the public hearing closed. Vice Chair Greenwood commented it is a nice project, it is in the right zone, and it is a nice addition to the City of Palm Desert. He noted his concerns with the setback and parking. Commissioner DeLuna commented the City is updating the City's General Plan, and commended the applicant for adding to the update process. The proposed project addresses a need and it is an ideal location. She thanked the applicant for choosing Palm Desert to expand the facility. Commissioner DeLuna moved, by Minute Motion, approving a recommendation to the City Council for approval of an amendment to a Development agreement, a Precise Plan, a Change of Zone, a Parcel Map Waiver, and a Categorical Exemption under the California Environmental Quality Act for the expansion of the Legend Gardens assisted living facility including 15 new assisted living units and 12 memory care units at 9 GAPlanning\Monica OReilly\Planning Commission\2015\Minutes\818-15 min.dou MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 2015 the southwest corner of Catalina Way and San Pascual Avenue. Motion was seconded by Commissioner Pradetto and carried by a 5-0 vote (AYES: Campbell, DeLuna, Greenwood, Pradetto, and Stendell; NOES: None; ABSENT: None; ABSTAIN: None). . r Commissioner DeLuna moved, by Minute Motion, to waive further reading and adopt Resolution No. 2655, recommending to the City Council approval of Case Nos. DA/PP/CZ/PMW/EA 15-086, subject to conditions. Motion was seconded by Commissioner Pradetto and carried by a 5-0 vote (AYES: Campbell, DeLuna, Greenwood, Pradetto, and Stendell; NOES: None; ABSENT: None; ABSTAIN: None). X. MISCELLANEOUS A. PRESENTATION on the proposed 2015 General Plan Update and related environmental issues by Raimi + Associates. Open to the public for their input. Ms. Aylaian communicated that staff and the consultants are taking this opportunity to address two issues: 1) Provide the Planning Commission with an update on the General Plan progress and the status of the work being done; and 2) Receive public input concerning environmental issues as part of the Environmental Impact Report (EIR) study. She noted a notice was sent out to interested parties letting them know the City is updating the General Plan, and invited them to the public scoping meeting. The notice was also advertised in the newspaper. She mentioned there is a 30-day period for people to come forward and notify the City of any concerns they may have. She introduced Mr. Matt �■rr Burris, Raimi + Associates; and Mr. Mark Teague, Michael Baker International, who are presenting the General Plan Update progress. MR. MATT BURRIS, Raimi + Associates, Riverside, California, gave a PowerPoint presentation of the General Plan Update progress (PowerPoint presentation available at the City's Department of Community Development). He offered to answer any questions before moving on to the next presentation by Mr. Teague. Commissioner Pradetto commented he is a big fan of regional parking, and he is glad they are looking at parking development. Commissioner Campbell referred to the Highway 111 photo simulations with additional landscape and trees. With the drought, she asked would the additional landscaping move forward. MR. BURRIS responded that everyone is hopeful the drought is temporary and not a permanent situation. The Coachella Valley may have enough water; however, they might have to wait for Sacramento to loosen the restrictions. Ms. Aylaian interjected that after three months of monitoring water usage, the City has reduced water consumption by an average 32.5 percent. Not 10 GAPlanning\Monica OReilly\Planning Commission\2015\Minutes\8-18-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 2015 Vice Chair Greenwood expressed Mr. Burris has been incredible through the General Plan Update process and has given great presentations. He mentioned there were some interesting slides presented of the University Village area. At some point, the university is projected to have an upwards of 20,000 students. He commented Mr. Burris provided slides of the University of Southern California and University of Arizona as an overlay over the entire university area, which fit. In terms of development, the university area is big and still open as a City for planning and future development, and as Planning Commissioners, what impact they will have in that area. It's exciting and very interesting. MR. BURRIS offered to show the slides of the university overlay, if anyone was interested. Chair Stendell asked Mr. Burris if he knew what cities are relying on today for enhancing areas. Are there instruments being made available for owners to enhance their properties? MR. BURRIS replied yes. As part of the General Plan Update process, they are also providing new zoning standards and guidelines for the Highway 111 corridor. He explained that they are building new mechanisms into the zoning standards to increase the requirements for public road improvements; however, in exchange the City needs to see that these are areas updated. He mentioned other opportunities they are capitalizing on are parking resources, and they also provided City staff with a summary of a variety of different funding opportunities. "" Other opportunities mentioned include an enhanced infrastructure facilities district and/or private partnerships to help pay for improvements. Vice Chair Greenwood shared that in one of the workshops a developer advised not putting small amounts of City funds in areas throughout the City because you will never see the improvement. The developer said to establish your city's core and concentrate on that core. MR. BURRIS stated if the City were able to achieve the transformation at the San Pablo Avenue corridor as the first step, he believes the City would "knock it out of the park" and have an amazing foundation to transform Highway 111. Commissioner Del-una commented the San Pablo Avenue corridor would integrate all of Palm Desert so the city could be for everybody, and not just for a particular group. It would tie everything together (El Paseo, Highway 111, McCallum Theatre, College of the Desert, etc.). Vice Chair Greenwood said it creates a much needed use for the students of College of the Desert. From a student's standpoint, where do they go that is walkable from the campus? Where do they go for coffee, to make copies, to study, or to get a bite to eat? None of these resources are walkable for the students. 11 GAPlanning\Monica OReilly\Planning Commission\2015\Minutes\8-18-15 min.dou MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 2015 At this point, Mr. Burris turned the presentation over to Mr. Teague. MR. MARK TEAGUE, Michael Baker International, San Diego, California, .* provided a PowerPoint presentation on the California Environmental Quality Act (CEQA) process, and formerly kicked-off the environmental process through the use of a scoping meeting. A scoping meeting allows for agencies in the public to talk to the City about things they would like to see evaluated in the environmental document. After his presentation, he offered to answer any questions. Commissioner DeLuna is thrilled to have someone as excellent as Mr. Teague handling the CEQA process. Ms. Aylaian invited the public to make any comments or ask questions pertaining to the CEQA process or environmental issues. MR. ENRIQUE DE LEON, Imperial Irrigation District, La Quinta, California, commented he received the Notice of Preparation of the General Plan Update and Environmental Impact Report. He said the document mentions an area of 170 acres and an area of 397 acres. He referenced Figure 4 of the Notice of Preparation, and asked for clarification of the shaded areas for the 170 and 397 acres. MR. BURRIS displayed a picture of the University Neighborhood Specific Plan area and pointed out the 170 and 397 acres to Mr. DeLeon. He also displayed the photos of the University Village area showing the overlay of University of Southern California; University of Arizona; University of California Los Angeles; downtown Flagstaff, Arizona; downtown Santa Fe, New Mexico; and downtown Los Angeles, California. He commented there is a lot of land in the university area, and it is an important opportunity for the City to capitalize on getting a great university and surrounding neighborhoods. The Planning Commission thanked the consultants for their presentation. XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Mr. Bagato reported that Ms. Aylaian gave a presentation of the General Plan. He mentioned the new exhibit in the gallery at City Hall will have a closing ceremony instead of an opening ceremony in October. He provided information on the First Weekend Palm Desert events. B. PARKS & RECREATION None Got 12 GAPlanning\Monica OReilly\Planning Commission\2015\Minutes\8-18-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 2015 XII. COMMENTS Commissioner DeLuna commented that the General Plan Update process has been very exciting, and thanked the City and the consultants for their contributions towards that process. XIII. ADJOURNMENT Upon a motion by Commissioner Pradetto, second by Commissioner DeLuna and a 5-0 vote of the Planning Commission (AYES: Campbell, DeLuna, Greenwood, Pradetto, and Stendell; NOES: None; ABSENT: None; ABS IN: None), Chair Stendell adjourned the meeting at 8:10 p.m. K N STENDELL, CHAT ATTEST: AURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O'REILLY, RECORDING SECRETARY I 13 GAPlanningWonica OReilly\Planning Comm ission\2015\Minutes\8-18-15 min.docx