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HomeMy WebLinkAbout2018-11-20 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES TUESDAY, NOVEMBER 20, 2018 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chairman Joseph Pradetto called the meeting to order at 6:04 p.m. II. ROLL CALL Present: Commissioner Lindsay Holt Commissioner John Greenwood Commissioner Nancy DeLuna Vice-Chairman Ron Gregory Chairman Joseph Pradetto Staff Present: Robert Hargreaves, City Attorney Tom Garcia, Director of Public Works Eric Ceja, Principal Planner Nick Melloni, Assistant Planner Monica O'Reilly, Management Specialist II III. PLEDGE OF ALLEGIANCE Chairman Pradetto led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Principal Planner Eric Ceja summarized pertinent November 15, 2018, City council actions. V. ORAL COMMUNICATIONS None MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 2018 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of November 6, 2018. Rec: Approve as presented. Upon a motion by Vice Chairman Gregory, second by Commissioner Greenwood, and a 5-0 vote of the Planning Commission (AYES: Del-una, Greenwood, Gregory, Holt, and Pradetto; NOES: None), the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None Vill. NEW BUSINESS None IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION for approval of a Tentative Parcel Map (TPM) for JCPenny to create a new lot within the existing parking lot for financing purposes located at 72-900 Highway 111; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Case No. TPM 37436/18-0004 (Seaboard Engineering Company, Glendale, California, Applicant). Principal Planner Eric Ceja presented the staff report (staff reports are available at www.cityof palm desert.org). He noted there is not a proposal to develop the parcel at this time; the subdivision is only for financing purposes. If in the future there were a proposal to develop the parcel, the application would go before the Planning Commission for review and approval. He offered to answer any questions. Commissioner John Greenwood inquired if it is advantageous for the Planning Commission to consider the TPM at this time since a development application is not part of the request. He said the City might not be in favor of future development on the subdivided parcel. Mr. Ceja responded that the applicant has not expressed any desire to develop the pad. If they choose to develop the pad, the applicant would need to work with the Planning and Public Works Departments on the orientation of the building, the placement of the building, and the reconfiguration of parking areas. He noted that the Planning Commission would need to review and approve any new development on the pad. 2 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-20-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 2018 If the applicant submitted a development application, Commissioner Greenwood inquired if the Planning Commission would be asked why they are challenging an existing approved parcel. Mr. Ceja said he did not believe so. He explained that land configuration is part of the review process. Commissioner Lindsay Holt referred to a picture of the site and asked if the area shaded in red is the proposed subdivided parcel. Mr. Ceja replied that is correct. Commissioner Holt commented that the parcel has an interesting lot configuration. She asked if there is an explanation for the exact dimensions and location of the parcel. Mr. Ceja deferred the question to the applicant. Commissioner Holt pointed to an area shaded in blue and asked if that area is also part of the subdivision of the parcel. Mr. Ceja replied no and noted staff made an error on the map. Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MS. MARITES DIZON, Seaboard Engineering Company, stated that the subdivision of the parcel is only for financing purposes. At this time, they do not have any specific details for the parcel. With no further testimony offered, Chairman Pradetto declared the public hearing closed. Vice Chairman Gregory commented that it seems fairly obvious why the parcel might be a developable piece at a later date and it is fine with him. He said it is all pursuant to what the City has dictated and he does not see a problem with the request. Commissioner DeLuna moved to waive further reading and adopt Planning Commission Resolution No. 2741 approving Case No. TPM 37436/18-0004, subject to the conditions of approval. The motion was seconded by Vice Chairman Gregory and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). B. REQUEST FOR CONSIDERATION for approval of a Conditional Use Permit and Cannabis Regulatory Permit for the operation of a 28,500-square-foot cannabis cultivation, manufacturing, distribution, and delivery facility with a retail micro- business for West Coast Cannabis Club, located at 42-650 Melanie Place; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. CUP 17-0018(West Coast Cannabis Club, Cathedral City, California, Applicant). 3 GAPlanning\Monica OReilly\Planning Commission12018\Minutes\11-20.1B min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 2018 Commissioner Greenwood stated the architectural firm he works for was involved with the said project and recused himself from this item. Mr. Ceja outlined the salient points from the staff report. He noted that staff did not receive comments in favor or in opposition to the proposed use. He also noted that the request includes a retail micro-business; allowed by the state and the City's Cannabis Ordinance. He offered to answer any questions. Commissioner Nancy DeLuna asked what the proximity to the First Tee is. Mr. Ceja replied that it is approximately 1,200 lineal feet away from the proposed business. Commissioner DeLuna asked if it is 200 feet over the minimum requirement. Mr. Ceja replied yes. Commissioner DeLuna asked what the proximity to the Palm Desert High School is. Mr. Ceja replied that it is approximately 2,000 lineal feet away from the proposed business. Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. KENNETH CHURCHILL, CEO of West Coast Cannabis Club, Palm Springs, California, thanked the Planning Commission and City staff for their patience and getting them through the process. He looked forward to contributing to the community and offered to answer any questions. Commissioner DeLuna voiced her concern with the proposed business being in close proximity to a youth center and less than 2,000 square feet of a high school. She asked the applicant if they would have security guards. MR. CHURCHILL responded that they would have security guards roaming outside of the property during business hours and a security station inside the facility, with a security guard monitoring the cameras 24 hours a day. Concerning the retail business, Commissioner DeLuna inquired if there is a check-in area to check customer's identification and then taken into the retail area one or two at a time. MR. CHURCHILL responded that the retail business would have a separate entrance, with a waiting room to screen customers. Commissioner DeLuna asked if they would be selling edibles. MR. CHURCHILL replied yes. 4 GAPlanning\Monica OReilly\Planning Commissiont2018\Minutes\11-20-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 2018 Commissioner DeLuna asked if they would have 24-hour delivery available. MR. CHURCHILL responded that they would not have 24-hour delivery available at this site. Commissioner DeLuna asked if all retail products would be prepackaged and sealed. MR. CHURCHILL replied yes. Commissioner DeLuna inquired if there is exterior lighting for security purposes. MR. CHURCHILL replied yes and noted they will have a well-lit parking lot. Commissioner Holt asked if the main entrance gate would be open during the retail business hours. MR. CHURCHILL said that is correct. The main gate entrance would only be open from 9:00 a.m. to 5:00 p.m. He mentioned there is another gate entrance for employees only. Commissioner DeLuna asked if the employee entrance would have limited access. MR. CHURCHILL replied yes. With no further testimony offered, Chairman Pradetto declared the public hearing closed. Vice Chairman Gregory commented that the project is one of the better-prepared cannabis facilities he has seen so far and it is interesting to see a multiple-use facility. He said he is in favor of the proposed use. Commissioner DeLuna voiced her concern with the proposed use being in close proximity to 3,000 kids. However, the applicant has met the requirements set forth by the City's Cannabis Ordinance. Therefore, she felt confident that the applicant has addressed all security measures to discourage underage kids from entering the facility. Chairman Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2742 approving Case No. CUP 17-0018, subject to the conditions of approval. The motion was seconded by Vice Chairman Gregory and carried by a 4-0 vote (AYES: DeLuna, Gregory, Holt, and Pradetto; NOES: None; ABSENT: Greenwood). C. REQUEST FOR CONSIDERATION for approval of a Precise Plan application to demolish an existing vacant restaurant and construct a 4,375-square-foot bank building with a remote drive-through ATM at 72-950 Highway 111; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. PP 18-0008 1111 Monterey Palm, LLC, Newport Beach, California, Applicant). 5 GAPlanningWonica OAeilly\Planning Commission\2018\Minutes\11-20-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 2018 Assistant Planner Nick Melloni reviewed the staff report. He received one neutral comment regarding access to adjacent properties, which staff addressed. He offered to answer any questions. Commissioner DeLuna asked what the distance is from Monterey Avenue and to the access along Highway 111. Mr. Melloni believed the distance exceeds 150 feet. He noted the Public Works Department reviewed the plans and they did not see any issues with the design as shown. Commissioner DeLuna inquired if the staff does not have a concern with cars stacking on Highway 111. Director of Public Works Tom Garcia responded that there is a right-turn pocket into the driveway so stacking would be minimal. Commissioner Greenwood inquired if comments made by the Architectural Review Commission (ARC) shown on the exhibits given to the Planning Commission. Mr. Melloni replied no. He explained that the ARC added conditions and the plans would need to go back to the ARC for a final design review. City staff would make sure the applicant meets all the conditions. Commissioner Greenwood asked if staff was involved in any discussion between the applicant and the adjacent parcel owner to take advantage of the prominent corner of Monterey Avenue. Mr. Melloni said no. He stated the corner parcel has a separate owner and no longer owned by the City. Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. TOM CARPENTER, Frontier Real Estate Investments, Newport Beach, California, thanked the Planning Commission and City staff for their time and consideration. He shared that they bought the property earlier this year and they have been working with Chase Bank for a new bank building. He clarified that they are adding a deceleration lane on Highway 111 to ease traffic flow. They are also demolishing the current building, replacing the parking lot and landscaping. He offered to answer any questions. With no further testimony offered, Chairman Pradetto declared the public hearing closed. Commissioner Holt felt happy that the project is going to be a new build. Vice Chairman Gregory agreed with Commissioner Holt and said he was afraid it was going to be a rebuild. 6 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-20-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 2018 Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2743 approving Case No. PP 18-0008, subject to the conditions of approval. The motion was seconded by Commissioner Holt and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). D. REQUEST FOR CONSIDERATION for approval of a Precise Plan and Conditional Use Permit to demolish an existing vacant restaurant and construct a 12,375- square-foot shopping center with up to 8,800 square feet of restaurant space located at the southwest corner of Washington Street and Avenue of the States; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. PP/CUP 16-303 (Lumar Devco, LLC, Newport Beach, California, Applicant). Mr. Melloni presented his report and recommended approval. He offered to answer any questions. Commissioner Greenwood inquired what the proposed use of the building on Pad C is. Mr. Melloni responded he did not know the proposed use for Pad C. The allowed use of Pad C could be any use permitted by the zoning designation and could be retail, medical offices, and potentially a restaurant. Commissioner Greenwood asked if there are any concerns if a restaurant was proposed and there would be potential impacts to the Carlos Ortega Villas. Mr. Melloni replied that staff does not anticipate any impacts. However, there could be an impact if a future restaurant proposed outdoor dining. A request for outdoor dining would require an amendment to the Conditional Use Permit (CUP). If a future restaurant required a grease trap, Commissioner Greenwood asked if there would be any impacts to Carlos Ortega Villas. Mr. Melloni responded that the applicant is required to have a four-foot parapet, which staff believed it is sufficient to screen future mechanical rooftop equipment. Commissioner Holt noted that Site Plan 5 shows both right- and left-hand turns out of the site onto Washington Street. She asked if that is correct. Mr. Melloni believed it is a drafting error and pointed out that there is a median on Washington Street. Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. MICHAEL LUNDIN, Lumar Devco, LLC, Newport Beach, California, offered to answer any questions. 7 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-20-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 2018 Commissioner Greenwood mentioned his concern regarding a future restaurant adjacent to Carlos Ortega Villas. He asked Mr. Lundin if they would be open to a condition to limit Pad C for retail or office use only. MR. LUNDIN responded that ideally, they would potentially like to have a food or restaurant component because Denny's is 4,500 square feet on Pad A. They do not plan on developing another large restaurant; however, they would want to possibly have a small restaurant on Pad C. Commissioner Greenwood voiced his concern with small eateries or fast food that have rows of exhaust stacks adjacent to residential. MR. LUNDIN understood Commissioner Greenwood's concern. He commented that there are a lot of entrepreneurial people in the community that would like to open a small restaurant to call their own. Commissioner DeLuna shared Commissioner Greenwood's concern. She asked what is minimum setback required by the zoning ordinance. Mr. Melloni responded 26 feet. Chairman Pradetto asked if 20 feet going to be substantially better than five feet in terms of traveling grease particles, especially in high winds. Commissioner Gregory divulged that his office is directly above a restaurant so the first thing he looked at on the proposed project is the location of the dumpsters, which could be a problem. If a restaurant were to go on Pad C, he suggested having a requirement for the grease trap be located away from the narrow setback. Commissioner Greenwood asked the staff if a condition could be crafted to address his concern. Mr. Ceja responded that the Planning Commission could craft a condition to limit the restaurant operations on Pad C, possibly a specific restaurant that would have a limited impact or not have a restaurant on Pad C. Commissioner Greenwood stated he would not want to limit the applicant. He preferred a restaurant that would not adversely impact the adjacent residential neighborhood. Commissioner DeLuna asked what the options are to locate the exhaust equipment away from the residential neighborhood. Commissioner Holt asked if space could be limited based on odor issues. She commented she would not mind living next to a bakery. Mr. Ceja conveyed that the Planning Commission's main concern is exhaust odor or a grease trap coming from potentially a future restaurant on Pad C, which is adjacent to residential development. He informed the Commission that City staff could work 8 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-20-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 2018 with a future applicant for the restaurant space and keep the mechanical equipment away from the residential development and/or limit the type of restaurant that is not grease intensive. Vice Chairman Gregory said that the Commission has been doing well dealing with the possible odor coming from cannabis facilities. He said there might be some type of equipment available to address odors coming from a restaurant. He stated he would not be in favor of voting on what type of restaurant could be allowed on Pad C. Mr. Ceja agreed with Vice Chairman Gregory and suggested that the Planning Commission add a condition for City staff to evaluate odor control methods for any future restaurant(s) on Pad C to limit any impacts to the residential community. Commissioner Greenwood asked the applicant if they are agreeable to the condition. MR. LUNDIN believed they are agreeable to the condition. He mentioned that his architect informed him there are measures to adjust exhaust in the building. He stated that they want their project to be a great project for the residents as well. With no further testimony offered, Chairman Pradetto declared the public hearing closed. Commissioner Greenwood commented it is a great project for the site, which warrants new development. The project is also a great addition and great to see new business come to the City. Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2744 approving Case No. PP/CUP 16-303, with the addition of the following conditions of approval: City staff is to consider Pad C when the applicant submits an application for a restaurant to mitigate restaurant odors. Chairman Pradetto asked Commissioner Greenwood to amend his motion to apply odor control for the entire project site. Commissioner Greenwood agreed to the amendment. The condition of approval was amended to the following: City staff is to consider the entire site for odor control measures. The motion was seconded by Vice Chairman Gregory and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). Chairman Pradetto called a recess at 6:54 p.m. and resumed the meeting at 6:58 p.m. 9 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-20-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 2018 E. REQUEST FOR CONSIDERATION for approval of Tentative Tract Map 37506 and a Precise Plan application to subdivide approximately 174+ acres of vacant land and establish master architectural and landscape design guidance for 1,069 dwelling units within the University Neighborhood Specific Plan; and adoption of an addendum to the General Plan and University Neighborhood Specific Plan Environmental Impact Report in accordance with the California Environmental Quality Act. Case Nos. TTM 37056 & PP 18-0005 (University Park Investors LLC, Pleasanton, California, Applicant). With the aid of a PowerPoint presentation, Mr. Ceja summarized his staff report. He stated that the Planning Commission received a memorandum with updated conditions for approval. If the Commission recommends approval of the said project, City staff asked that the updated conditions listed in the memorandum are included in the motion. He offered to answer any questions. Commissioner Holt inquired if there is a phasing plan for the proposed project. Mr. Ceja deferred the question to the applicant. Commissioner Holt asked who would be responsible for the maintenance of the alleyways. She also asked if trash pickup would be in the alleyways. Mr. Ceja responded that the trash would collected from the alleyways. He understood that the alleyways would be private and maintained by a homeowners' association (HOA). Commissioner Holt liked that the project is a non-gated development. She asked if there was any consideration for a commercial pad so that the project could be a more walkable community. Mr. Ceja explained that the University Neighborhood Specific Plan (UNSP) includes adding commercial space in the community located off Frank Sinatra Drive. He pointed to a 10-acre parcel identified in the UNSP for commercial development. However, it is not part of the proposed project. Commissioner DeLuna inquired if there was an attempt by the applicant to have a gated community. Mr. Ceja responded that staff has been working with the applicant to ensure the community remains non-gated by adding a condition of approval. He noted it was an idea promoted as a goal and policy in the City's General Plan. He mentioned the applicant is interested in gating the apartment site; however, staff recommended that the entire community remains non-gated. Commissioner DeLuna asked if the condition was acceptable to the applicant. Mr. Ceja deferred the question to the applicant. 10 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-20-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 2018 Commissioner Greenwood inquired if the main infrastructure, road systems, and retaining walls would be built at once for consistency. Mr. Ceja understood that the applicant has plans to grade the site and install infrastructure so pads are ready for development. He forgot to mention during his presentation that the applicant could subdivide the tentative tract map and establish the lots where the roadways would be built. He said with the anticipation of several phases to be sold to different developers, City staff would use the design packets moving forward to ensure the different housing product types are built on the lots. If a developer wants to make a change to the product type, the developer would need to go before the Planning Commission for approval. Additionally, there are refined design standards that could be incorporated into the product types. He noted the ARC reviewed the design standards. Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. JOHN GAMLIN, the representative for University Park Investors, presented the Planning Commission with a brief presentation on their vision for University Park and the plans they developed. Mr. Gamlin said they are in support of not gating the development. However, the proposed apartments are located near the commercial and the university. They felt the apartments are different in terms of security, the product is differentiated from the rest of the housing products, and the apartments are their own private amenity. Therefore, they proposed to provide gated access for only the apartment complex and hoped that the Planning Commission would consider looking at their request. He said it is their intent to commence the first phase of the interactive improvements and the amenity program in 2019. Concerning phasing the project, he stated the site does work as a single unit in terms of the grading and balance. He pointed to the plan and indicated where they would start construction in the northwest area and work down toward the existing commercial. He mentioned the development and design team are available to answer any questions about the project. They appreciated the Planning Commission's consideration and they look forward to moving ahead in 2019. Vice Chairman Gregory commented that there is an effort in the design to achieve narrower street widths that are typically forced on the developers by cities and fire departments. He asked the applicant if they were successful in achieving traffic calming by getting streets as narrow as they could within reason. MR. GAMLIN responded that they did as well as they could in terms of narrow streets that would allow for parking on the street and maneuverability around corners for emergency vehicles. From a traffic calming perspective, the block lengths are shorter. Vice Chairman Gregory asked what efforts were made to make the alleyways somewhat attractive. MR. GAMLIN replied that there are pockets with landscaping in the alleyways. He said they attempted to place interfaces with green space along the alleys. They also tried to budget their space well, so that they do not have conflicts with the utilities. 11 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-20-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 2018 Vice Chairman Gregory asked if the street trees have sufficient width in an effort to have a parkway system. Is there sufficient room afforded to trees so that large trees could be used as opposed to smaller trees that would not rip up paving? He voiced his concern with the neighborhood quality, the shade opportunity the trees would provide, and the sustainability of the trees. MR. CHRIS HERMANN, Hermann Design Group, responded that the packet has the details of the trees. The planters would have a width of five feet and the trees would have some form of root barrier, with a deep watering system. He noted that the packet outlines the type of tree species. Commissioner Holt asked what the landscape enhancements include. MR. GAMLIN replied that anywhere where they had a corner condition on elevation, there were enhancements made. The ARC reviewed and approved the enhancements. Commissioner Holt asked if they were architectural enhancements. MR. GAMLIN replied that is correct. MR. HERMANN briefly described the landscape design for the development and trail system. Vice Chairman Gregory asked how wide the corridors for the trail system are. MR. HERMANN responded that the widths vary because the system meanders and they have the ability to grab more space; widths are approximately 15 to 25 feet. He said the Grand Paseo is much larger, with widths approximately 50 to 60 feet. Commissioner Greenwood echoed Commissioner Holt's comment about integrating commercial or retail into the plan. He felt the connectivity of the trail system and other amenities were well executed within the development. However, the trail system does not integrate or connect with the university or the commercial and mixed-use development on Frank Sinatra Drive. He asked for the applicant's thoughts. MR. GAMLIN answered that they spent a lot of time on what could happen on the City- owned property, and they ended up with six connections that would allow connectivity to the City's property. Commissioner Greenwood inquired if there are any nodes or areas within the plan that could include a unique little coffee shop or something that could add to the walkability of the community. MR. GAMLIN replied that they could look into any opportunities for commercial space. He was not sure how much commercial space would be needed. He explained that they tried to program the open space with a diversity of uses. He pointed out that they have the community garden, The Grove, and an interpretive nature walk. 12 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-20-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 2018 Vice Chairman Gregory felt that The Grove would be a logical place; however, he would not suggest and force the developer to add a coffee shop. He commented that he has never seen a development where a developer offered homebuyers a place to get the newspaper or get a cup of coffee. MR. GAMLIN said that The Grove is contemplated as a gathering area for the community, and there might be an opportunity to have a coffee cart at The Grove. Vice Chairman Gregory referred to the apartments and applauded the four-story approach. However, he felt more of an effort could be made towards providing a passive solar design. He noted it might be hot for people living in the building so he would like to know the architect's thoughts. MR. BOB WILHELM, the Architect, stated that they are in the middle of reviewing the apartments and upgrading its overall philosophy. He mentioned that comments made by the ARC were relative to recessing some of the windows and adding more interest to the elevations. Vice Chairman Gregory commented that it is important that the apartments be built well because they will establish a precedent. MR. GAMLIN noted that The Grove has a kitchen for gatherings. Commissioner Greenwood asked if elevation changes would go back to the ARC for review and approval. Mr. Ceja replied yes. He mentioned that one of the packets allows for minor modifications. Commissioner DeLuna asked Mr. Gamlin why they would want to gate and segregate the apartments. MR. GAMLIN responded that it is not an effort to segregate the apartments. They want to provide something that is an expectation in the marketplace for a rental product. He said there would be 336 units and having the apartments gated is an effort to control who is going in and out of the facility. He mentioned that the apartments have other connectivity to the community through the trail system. He made clear that gating the apartments is not an attempt to isolate or restrict access. He said the apartments would be located at the very east end of the community and close to commercial. The intent to gate the apartments were for security purposes. Commissioner DeLuna commented that she did not see anything pertaining to affordable housing. She inquired what the price point of the homes is. MR. GAMLIN answered that the price point has not been determined. They are hoping the price point would be 1300,000 to 1700,000, He mentioned the Federal Housing Administration (FHA) price point would be slightly above $400,000. 13 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-20-18 min.dou MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 2018 Commissioner DeLuna stated that the average median income (AMI) in Riverside County or the Inland Empire is in the high $60,000; therefore, she does not know how people would be able to afford some of the "for sale" product. However, the people could conceivably live in a townhome or the apartments. She stated it is a wonderful project; however, she does not see any provision for an affordable component. MR. GAMLIN remarked that there was not an intent to provide affordable housing within the project. Mr. Ceja disclosed there a few things within the City's policy that would initiate an affordable housing requirement. The applicant did not make a request that would initiate the requirement. Secondly, the City's Housing Element has identified sites throughout the City to accommodate affordable housing and the proposed project is not one of the identified sites. Lastly, the UNSP did not address or require any on-site affordable housing requirements. City staff did emphasize to the applicant that they provide product variation and housing that would be attainable. Commissioner DeLuna inquired if a family that makes 80 percent of the AMI would be able to qualify for the lower end of the proposed product. Based on the math, MR. GAMLIN responded the FHA price point could be $410,000 to $415,000. He believed the detached product or the alleyway product could be accommodating. Commissioner Greenwood referred to the walls along Portola Avenue, between the residential on Portola Avenue and Gerald Ford Drive. He asked where in the packet is the aesthetic and the design of the wall shown. MR. HERMANN indicated that the wall details are included in the packet (L2.7 Wall and Face Details). Commissioner Greenwood clarified that there would be a split face block wall along Portola Avenue on the outside of the residential. MR. HERMANN replied that is correct. Commissioner Greenwood asked if the wall carries through the interior side of the development for all retaining walls. MR. HERMAN replied that it depended on the location of the wall. He recalled that the interior walls separating the properties would be precision blocked colored walls, and split face walls would be on public viewed areas. Commissioner DeLuna asked Mr. Gamlin what income level they would be targeting. MR. GAMLIN responded that they are not targeting specific income levels. They are providing a price point that they feel is attainable to a primary housing market in the Coachella Valley. 14 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-20-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 2018 Commissioner DeLuna asked what the market is. MR. GAMLIN replied $300,000 to $700,000. Commissioner Holt inquired if the applicant met with the Art in Public Places (AIPP) Commission. MR. GAMLIN responded that they did not meet with AIPP Commission. They had discussions with staff regarding their program and identifying artwork within the public spaces. Commissioner Holt commented that she is the Planning Commission liaison to the AIPP Commission and said the Commission is very particular. She suggested they meet with the Commission for the art in public places. Vice Chairman Gregory asked when an area of the development has been sold to a builder would they use the same plans approved by the Planning Commission. Mr. Ceja replied that the builder would use near the same plans. As he mentioned earlier, the builder could use the refined design standards. Any dramatic changes to the plans would need to go back to the Planning Commission for approval. Vice Chairman Gregory asked if staff would determine dramatic changes. Mr. Ceja replied yes. He noted that the dramatic changes would also need to go before the ARC. Vice Chairman Gregory inquired if the apartments would go back to the Planning Commission or ARC. Mr. Ceja responded that the only ARC would review the plans for the apartments. Commissioner Greenwood asked if the infrastructure, sidewalks, walls, and landscaping on Portola Avenue and Gerald Ford Drive would be completed in Phase 1. MR. GAMLIN responded that they are going to phase the improvements and incrementally. Commissioner Greenwood inquired if Phase 1 did not include east of Pacific Avenue. MR. GAMLIN replied that is correct. Commissioner Holt noted with the exception of The Grove, which may be included in Phase 1. MR. GAMLIN replied that is correct. He believed there was going to be an expectation to bring the amenities online to create the market buzz. 15 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-20-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 2018 Vice Chairman Gregory referred to the memorandum and the added condition regarding gating all product types. He asked how the Planning Commission should handle the condition since the applicant requested that the Commission consider gating the apartments. Mr. Ceja replied that City staff's recommendation is all product types remain non- gated, including the apartments. Vice Chairman Gregory commented that the applicant felt gating the apartments would be driven by the market. He asked if the City is inadvertently creating a problem if people are hoping to move into a gated apartment complex. Chairman Pradetto made clear that staff have given their recommendation. It is up to the Planning Commission to decide if they are going to accommodate the applicant or agree with staff's recommendation. Commissioner Holt commented that she would not mind living in a gated community. Vice Chairman Gregory added that he recently visited his daughter that lives in a gated apartment complex in Los Angeles and she really liked it because she feels secure. Commissioner Holt felt the market should dictate if the apartments should be gated or non-gated. Vice Chairman Gregory agreed. Commissioner DeLuna asked why someone would feel less secure in a non-gated apartment complex than a non-gated condominium complex or single-family home. Vice Chairman Gregory remarked that it is the density, people might have more of a transient lifestyle, and there are more people coming and going. Commissioner DeLuna asked staff if there is a specific reason for having a non-gated apartment complex. Mr. Ceja said the reason is based on a policy in the City's General Plan. The policy states residential communities, unless it is a resort-style community, remain non- gated. With recent fires, Commissioner DeLuna commented that gated communities are a lot more difficult to evacuate quickly. Vice Chairman Gregory commented he would be more concerned with a sandstorm than a fire. With no further testimony offered, Chairman Pradetto declared the public hearing closed. 16 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-20-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 2018 Commissioner Greenwood commented that he is not opposed to gating the apartment complex. He felt it is consistent with housing types and he is cognizant of the density. He also felt the overall project meets the intent of the specific plan, the project is unique, it is adjacent to the university, and he sees the need for gating the apartments. He said gating the apartments does not deter away from what the specific plan intended. Commissioner DeLuna said if they decide to allow gating the apartments, she would not want to see a block wall. She would prefer to see wrought iron or something else, so the apartments do not look like a fortress, isolated, or segregated. Commissioner Greenwood states he is in favor of amending the condition to allow gating the apartment complex. Chairman Pradetto recommended changing Condition No. 3 of the memorandum to reflect that the Planning Commission would allow the applicant to gate the multi-family apartment complex and give direction on the type of fencing. Commissioner Greenwood mentioned he was part of the General Plan process and it was exciting to be part of the process. He said it is exciting to see the General Plan move forward and into fruition. The proposed project was well done and he is excited to see it go forward. Commissioner DeLuna thanked the applicant for all the time and effort they have taken and the wonderful job done on addressing all the different areas that the City felt was important in the General Plan. MR. GAMLIN thanked City staff. Chairman Pradetto conveyed that he liked the project and the aspect of the different housing product types. He said some of the best neighborhoods that people desire to live in reflect this type of planning. The only difference that he sees is some of the most desirable neighborhoods have developed organically, and the project is replicating some of the old school designs where everything happens incrementally. He commented that the danger is, and there is no way around it, the project is built all at once and it is great. However, in three decades, it all deteriorates at the same rate of pace. In an incremental design, there might be more of mixed-use and commercial going into the area. He said as far as getting to a point where they are developing a beautiful neighborhood, the proposed project is about as close as they can get without decades of investment from individuals. Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2745 approving Case No. TTM 37056 & PP 18-0005 as presented. In addition to the conditions of approval, incorporate the amended and additional conditions from the memorandum dated November 20, 2018; and adjust Condition No. 3 to allow gating the multi-family apartment complex and consideration is taken into not having block walls and there is a design to have openness in the wall. The motion was seconded by Commissioner Holt and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). 17 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-20-18 min.docx MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 20, 2018 XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None XIII. COMMENTS Commissioner DeLuna wished everyone a Happy Thanksgiving. XIV. ADJOURNMENT With the Planning Commission concurrence, Chairman Pradetto adjourned the meeting at 8:15 p.m. " JOS PH PRADETTO, CHAIR ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O'REILLY, RECORD G SECRETARY 18 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\11-20.18 min.docx