HomeMy WebLinkAbout2015-09-01 PC Regular Meeting Minutes CITY OF PALM DESERT
PALM DESERT PLANNING COMMISSION
MINUTES
• TUESDAY, SEPTEMBER 1, 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
WAW Chair Ken Stendell
Staff Present:
Jill Tremblay, City Attorney
Lauri Aylaian, Director of Community Development
Tony Bagato, Principal Planner
Kevin Swartz, 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
Ms. Lauri Aylaian, Director of Community Development, summarized pertinent
August 27, 2015, City Council actions.
V. ORAL COMMUNICATIONS
.. None
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PALM DESERT PLANNING COMMISSION SEPTEMBER 1, 2015
VI. CONSENT CALENDAR
A. MINUTES of the Planning Commission meeting of August 18, 2015.
Rec: By Minute Motion, continue to the meeting of September 15, 2015.
Upon a motion by Commissioner Campbell, second by Commissioner Pradetto,
and a 5-0 vote of the Planning Commission (AYES: Campbell, DeLuna, Greenwood,
Pradetto, and Stendell; NOES: None; ABSENT: None; ABSTAIN: None), the minutes
for the meeting of August 18, 2015, were continued.
VII. CONSENT ITEMS HELD OVER
None
VIII. NEW BUSINESS
None
IX. PUBLIC HEARINGS
A. REQUEST FOR CONSIDERATION of adoption of a Notice of Exemption in
accordance with the California Environmental Quality Act and a new 20,559-
square-foot memory care facility consisting of 62 beds located at 73-825
Larrea Street. Case Nos. PP/CUP 15-128 (Larrea Partners, LLC, Rancho Mao
Mirage, California, Applicant).
Mr. Kevin Swartz, Associate Planner, presented the staff report and
recommended approval (staff report is available at www.cityofpalmdesert.ora). At
the end of his report, he offered to answer any questions.
Commissioner Nancy DeLuna voiced her concern with parking. There are 19
parking spaces and 16 spaces will be occupied by staff, which only leaves three
spaces for guest parking. She stated the operator anticipates daily peak trips
between 17 and 24 vehicles, at such time they are relying on six vehicles to park
on the street and asked if that is correct.
Mr. Swartz responded that some of the peak trips are vendors. He said there is
plenty of street parking on both sides of the street, and displayed a Google image
of Larrea Street.
Commissioner DeLuna remarked that once the property across the street is
developed, the property owner would also use street parking if it is an apartment
building. She asked Mr. Swartz if he is convinced that six vehicles could easily
park on Larrea Street.
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Mr. Swartz replied that visiting hours are from 8:00 a.m. to 8:00 p.m. and they do
not envision more than three to four visitors at one time. He noted there is a
condition that only 16 employee vehicles could be on-site, which would leave
three parking spaces for guest parking.
Commissioner DeLuna said with 62 residents, does the applicant think they
would not have more than three, four, or five visitors at one time.
Mr. Swartz said that is what the applicant explained to him; however, he'll let the
applicant go more into detail.
Commissioner DeLuna thinks it is slightly under parked, but the architecture style
is outstanding and conforms to the look that the City encourages in Palm Desert.
She inquired if the existing block wall would be torn down and replaced. If
replaced, would there be any cosmetic changes to enhance the appearance.
MR. JOSH LEVY, Rancho Mirage, California, responded that to the south there
is an existing block wall. He stated it has been difficult to communicate with the
woman that owns the lot next to them. They have tried to appeal to the woman to
allow them to remove the wall; however, she is reluctant to do anything. Mr. Levy
mentioned they asked the City for help, but the City cannot get involved.
Nonetheless, they will continue to contact the owner but they can't promise
anything. He said they will stucco their side of the wall and finish it off so that it
goes with the color scheme.
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Chair Stendell interjected to hold any further comments until the public hearing is
opened.
Commissioner Joseph Pradetto asked how trips were calculated.
Mr. Swartz replied that the applicant calculated the trips so he'll let him answer
the question.
Commissioner Pradetto commented that the Planning Commission reviewed a
memory care facility a couple of weeks ago. He mentioned there was a provision
for low and moderate income level beds as a percentage. He asked if there is a
reason there is not a provision for this project.
Mr. Swartz answered the project from a couple of weeks ago had a previous
approval and a Development Agreement, which included the provision.
Commissioner Pradetto asked if staff is not looking for a similar provision on this
facility.
Mr. Swartz replied the code has changed. Currently, only a memory care facility
is allowed in an R-3 zone under a Conditional Use Permit, and no Development
Agreement is necessary
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Vice Chair John Greenwood commented in terms to emergency response, which
station would respond to a call from the proposed facility.
Chair Stendell remarked that it would be the fire station on Mesa View Drive.
Vice Chair Greenwood inquired if there would be an impact to pedestrian driven
circulation with fire trucks or emergency personnel driving through El Paseo or
San Luis Rey Avenue. Would they take a commercial route?
Mr. Swartz replied he does not know which fire station would respond to the
emergency call.
Ms. Aylaian interjected that whoever is closest would respond to the emergency
call.
Chair Stendell asked if covered parking is required on the proposed project.
Mr. Swartz replied no. The project meets the landscape and shade tree
ordinance.
Chair Stendell questioned if the project was an apartment building of 13 units,
would it not be required to have covered parking.
Mr. Swartz replied no.
Chair Stendell commented that the project not only is a memory care facility, but
it is also has minor medical treatment. He asked what provisions are made for
hazardous disposal.
Mr. Swartz responded there is not a condition pertaining to hazardous disposal,
and deferred the question to the applicant.
Chair Stendell mentioned the Burrtec trash bins are located deep in the parking
area, and at the front there is a refuse area. He is confused with the locations.
Mr. Swartz replied the plans were approved by Burrtec. He explained that
typically they want the trash bins screened so they are not visible from the street.
Vice Chair Greenwood said he believes the City requires Americans with
Disability Act (ADA) accessibility to trash enclosures, and noticed that the
opening is not accessible. It may be something for the applicant to look into prior
to submitting construction documents.
Chair Stendell pointed out a set of rolling gates at the front of the parking lot. He
asked if it is going to be a closed off parking lot.
Mr. Swartz deferred the question to the applicant.
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Chair Stendell declared the public hearing open and invited any public testimony IN
FAVOR or OPPOSITION.
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MR. LEVY stated that Mr. Swartz did a wonderful job presenting the staff report.
He offered to answer any questions from the Planning Commission.
Vice Chair Greenwood referred to the floor plan. He assumed that the double
occupancy would take place in areas where the seating is shown. He asked if
that is correct.
MR. LEVY replied that is correct.
Vice Chair Greenwood suggested the applicant discuss with their management
or architect that they provide consideration to the line of sight coming from the
second story apartment on the south side looking into the residential units. In
addition, he suggested they study the ADA accessibility to the trash enclosures.
Commissioner Pradetto asked the applicant to address the calculation of trips.
Also, are employees calculated in the 17 to 24 number of trips?
MR. LEVY responded as far as he knows employees are also calculated in the
trips. For the coming and going trips, he does not know because he was not the
consultant that counted the trips.
Commissioner Pradetto remarked that if trips were calculated properly, and it
adequately reflects the number of cars coming and going, it is a different
question than if it is miscalculated and there is more traffic.
MR. LEVY remarked that there are 62 beds, and they hope to get to that point.
However, there is the clinical side of memory care and there is the other side
where they put loved ones (practical side). On the practical side, the families
prefer to have their loved ones all in a room by themselves so that they could
have their own room and space. He explained that on the clinical side of memory
care, the caregivers want them to have companionship in their rooms. He noted
that between the clinical and the practical side there is a huge disconnect. They
hope in the future both merge and the clinical side is adopted by the practical
side, and they double up in their rooms because it is the right the thing for the
residents. He stated that the reality is it will not happen for a long time. If they are
fortunate enough to get to what they envision in their pro forma being full
occupancy in 36 months; they would be lucky to have 35 to 40 residents. He
commented that most facilities have one care staff per eight residents. However,
they prefer to have one care staff per six residents. If you do the math, you fall
short of the 16 employees. He said from a practical standpoint, he does not think
there would be a parking problem and noted there is street parking available. As
far as visitors, there would usually have two or three visitors and the usual visit
lasts for about an hour. Visitors would cycle through the facility throughout the
day.
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Commissioner Pradetto commented per the applicant's statement, the
anticipated 16 employees would likely fluctuate based on occupancy.
MR. LEVY replied yes.
Vice Chair Greenwood mentioned he is concerned with on-site water retention.
He asked the applicant if they are still working on those issues with the
Department of Public Works. Do they feel comfortable that there is ample room
to provide on-site retention?
MR. LEVY replied yes.
Chair Stendell asked the applicant to address the concern pertaining to
hazardous waste.
MR. LEVY responded that the State of California mandates the way hazardous
waste is disposed. There is a special refuse that is used and dealt with
separately from regular trash removal.
Chair Stendell inquired if someone comes by once a week to pick up hazardous
waste.
MR. LEVY said yes.
Chair Stendell asked if the trash bins in the back is the most logical location.
MR. LEVY replied if there is an emergency and you have to vacate the building,
there has to be an area for the residents to go far enough away from the building.
So the refuse in the front is for the residents. He stated they placed the trash bins
in the back to hide and mask them as best they could.
Chair Stendell asked if the gates in the front would be operating. If so, how would
guests come in to use guest parking.
MR. LEVY responded there will be a call box and staff will have clickers.
Chair Stendell remarked that he did not see a call box listed.
MR. LEVY said it will be in the working drawings.
Chair Stendell stated out of the 45 to 50 employees working full- and part-time,
what is the breakdown of the hours they would work. What is the staffing level
during the daytime?
MR. LEVY replied it depends on the occupancy. For every six residents, they will
have a staff person. When they open the facility they will have a nurse, an ONO
executive director, an activities director, a housekeeper, a chef, and other staff
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needed. He said they will have about six full-time employees regardless of the
occupancy. Mr. Levy noted that there will be fewer employees during the night
too shift.
Chair Stendell questioned if the applicant would be the owner and operator of the
memory care facility.
MR. LEVY stated they contracted North Star Senior Living, which they will do the
day-to-day operations. He mentioned they currently operate their Palm Springs
assisted living facility, and operate close to 30 facilities in the United States. The
chief operating officer (COO) lives in Temecula, California. They hired North Star
Senior Living because the COO is familiar with the desert and he recently
opened Segovia.
Chair Stendell commented the only reason he asked is because the Planning
Commission is considering a Conditional Use Permit, and theoretically the
applicant could sell the facility to another company that might not be as well as
established. He noted he asked so it is part of the public record.
Commissioner Sonia Campbell mentioned there are quite a few palm trees on
the property. She asked if they plan to use them.
MR. LEVY responded he does not know how the palm trees would all fit into the
project. If they are able to save them, they will use them where they can.
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Commissioner Campbell stated the project is very nice, and understands as far
as occupancy is concerned. She commented it takes time to fill occupancy.
Vice Chair Greenwood noted that there are no red curbs along Larrea Street or a
designated area near the front entrance for emergency personnel. With a Knox-
Box in place, emergency vehicles would have access into the parking lot. He
asked if there would be a major impact on Larrea Street and adjacent residents
when emergency vehicles show up.
Mr. Swartz pointed to one of the photos indicating the location of a fire hydrant
and a red curb.
Vice Chair Greenwood questioned how far the red curb extends.
Mr. Swartz replied he did not know.
Vice Chair Greenwood inquired if red curbs have been applicable to other past
projects, and how much space would adequately be needed to accommodate an
ambulance and a fire truck. He said if you are considering the proposed facility at
full occupancy and relying on street overflow parking, is it something that they
want to account for now.
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Mr. Tony Bagato, Principal Planner, responded other facilities that have been
approved never had a designated area for emergency vehicles. Generally
emergency personnel park in the parking lot. He affirmed that the applicant
meets the parking code minimum, and he anticipates emergency vehicles will
park in the parking lot.
Vice Chair Greenwood remarked he is trying to think of other sites that have the
flexibility for continued circulation around the building; a hammerhead situation.
The proposed project is a linear design and tight. If staff does not feel it is going
to create an adverse issue with the adjacent neighbors and impede
circulation/traffic along Larrea Street, then he's okay with it.
Mr. Swartz stated that the plans were circulated to the Fire Department for review
and approval, and it was not a concern for them.
Mr. Bagato communicated linear driveways is a typical design in the area due to
the long narrowness of the lots.
Vice Chair Greenwood asked the applicant if they provide a full-time nurse at
their other facilities.
MR. LEVY replied yes.
With that said, Vice Chair Greenwood stated it would mitigate all the non-critical
calls. He asked how often they have emergency personnel respond to their
memory care facilities.
MR. LEVY responded they opened the Palm Springs facility in January 2015,
and they have only had one call for emergency personnel during that time. They
have taken residents themselves to the hospital for care when they have fallen
and had a cut.
Mr. Swartz clarified an answer to a previous question that was incorrect. The
question Chair Stendell asked if an apartment complex would need carports; the
answer is yes.
Commissioner DeLuna pointed out a statement in the staff report that mentions
developing an ordinance for medical emergency responses and some facilities
would have to pay a fee. She inquired if the applicant is amicable to that
condition.
Chair Stendell interjected that the condition stipulates a fee has to be paid if the
ordinance has been established before the certificate of occupancy is issued.
Mr. Swartz replied that is correct.
go
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Commissioner DeLuna clarified that the applicant is in acceptance of that
condition, if it were to occur.
MR. LEVY replied yes.
With no further testimony offered, Chair Stendell declared the public hearing closed.
Commissioner Campbell commented that she thinks it is a great project, and she
does not think there will be a problem with parking. If apartments are built in the
empty lots, they will have their own parking areas. She is in favor and moved for
approval.
Commissioner Campbell moved to approve the adoption of a Notice of
Exemption in accordance with the California Environmental Quality Act, and a new
20,559-square-foot memory care facility consisting of 62 beds located at 73-825 Larrea
Street. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote
(AYES: Campbell, DeLuna, Greenwood, Pradetto, and Stendell; NOES: None;
ABSENT: None; ABSTAIN: None).
Commissioner Campbell moved to waive further reading and adopt Planning
Commission Resolution No. 2653, approving Case No. PP/CUP 15-128, subject to
conditions. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote
(AYES: Campbell, DeLuna, Greenwood, Pradetto, and Stendell; NOES: None;
ABSENT: None; ABSTAIN: None).
The Planning Commission thanked the applicant.
X. MISCELLANEOUS
None
XI. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
None
B. PARKS & RECREATION
Commissioner Pradetto reported that the Parks and Recreation received a
presentation on the General Plan Update.
C. GENERAL PLAN UPDATE TECHNICAL WORKING GROUP
Vice Chair Greenwood recounted that the Technical Working Group received the
No„ administrative draft of the General Plan. The group is reviewing the plan, and
they will submit comments in three weeks.
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Commissioned DeLuna added it is an exciting process and an exciting result.
Everyone is going to be pleased with the outcome.
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Commissioner Campbell expressed she was happy to hear at the meeting that
there is ample water in the Coachella Valley.
XII. COMMENTS
Chair Stendell commented on an article in The Desert Sun about how Las Vegas
is conserving water. He asked if there will be a Planning Commission meeting on
September 15.
Ms. Aylaian replied there will not be a meeting.
Vice Chair Greenwood asked for a status of the bank on El Paseo that burned
down.
Ms. Aylaian responded that the owner of the bank would like to build another
stand-alone bank. However, the City discouraged them and indicated that City
staff would not recommend in favor of a Conditional Use Permit due to a
Pedestrian Overlay zone. Staff informed them that the project has to be
pedestrian friendly; plaza, open space, and some retail. She said City staff met
with the bank representatives to review plans, but they fell short of having a
project that is pedestrian friendly. She noted that staff has not heard back from
them in several months.
Vice Chair Greenwood inquired if there is anything the bank could do to ease the
aesthetic of the site.
Ms. Aylaian asked Vice Chair Greenwood if the fence looks like it is in poor
condition.
Vice Chair Greenwood replied not necessarily. He said he rather see a
landscape right-of-way or something else in the interim instead of a six-foot high
chain link construction fence.
Ms. Aylaian responded there is nothing the City could do in the interim to force
them to install landscaping. The Code Enforcement Department has asked them
to clean the lot and to maintain the fence. She mentioned at other locations
where there was a construction fence and no activity for a long period time, she
has been able to have them take fences down because the fence is more
objectionable than a vacant lot. If that is the case, the City could approach them
to have the fence taken down.
Commissioner Campbell said that they let some of the trees die.
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Ms. Aylaian replied that Code Department has had to contact them to address
landscape issues.
Commissioner DeLuna asked what the status of the Marriott hotel on Highway
111 is.
Ms. Aylaian reported that Marriott submitted plans for plan check, and they had a
number of corrections to make. A couple of months later they resubmitted plans;
however, they did not make the corrections. Code Department is now monitoring
the progress. With that said, there is not much the City can do other than fine
them if the property becomes a public nuisance.
Commissioner Campbell asked for the status of the building previously known as
the Elephant Bar.
Ms. Aylaian responded that the property was acquired by a local developer, and
had planned to bring in a Hooters restaurant. Subsequently, staff has been told
the developer is no longer following through with that plan.
Chair Stendell inquired if there were any other submittals for the hotel on
Larkspur Lane.
Ms. Aylaian stated the representatives for the hotel visited City Hall today to
deposit a check for the Water Quality Management Plan (WQMP). It seems they
r are continuing to work on the project.
Vice Chair Greenwood asked if there have been discussions on where Fashion
Week would take place.
Ms. Aylaian replied for next year it is planned to be held in a tent on the second
level of The Gardens parking structure.
Mr. Bagato mentioned he will be forming a committee to discuss backyard
beekeeping. He asked if anyone is interested in volunteering to be on the
committee, please let him know. He noted there would be two councilmembers,
City staff, and some residents on the committee. A meeting date has not been
established.
Commissioner Pradetto commented Governor Brown sent out the vice
chairperson of the State Resources Water Control board to meet with the local
water purveyors. The vice chairperson advocated to the water purveyors to work
with cities, in particular, Planning Commissions on residential developments that
are below the 150 units that require a "will serve" letter or water plan. He said he
wanted to pass the information along, and at some point he would like to know
how Planning is involved.
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XIII. ADJOURNMENT
Upon a motion by Vice Chair Greenwood, 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), Ch Stendell
adjourned the meeting at 6.53 p.m.
S L, AIR
ATTEST:
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LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
MONICA O'REILLY, RECORDINq SECRETARY
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