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HomeMy WebLinkAbout2019-10-15 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES TUESDAY, OCTOBER 15, 2019 — 6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Ron Gregory called the meeting to order at 6:03 p.m. II. ROLL CALL Present: Commissioner Joseph Pradetto Commissioner John Greenwood Commissioner Nancy DeLuna Vice-Chair Lindsay Holt Chair Ron Gregory Also Present: Robert Hargreaves, City Attorney Craig Hayes, Assistant City Attorney Tom Garcia, Director of Public Works Martin Alvarez, Director of Economic Development Eric Ceja, Principal Planner Wayne Olson, Senior Management Analyst Nick Melloni, Assistant Planner Monica O'Reilly, Management Specialist II III. PLEDGE OF ALLEGIANCE Commissioner Nancy DeLuna led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Director of Community Development Ryan Stendell summarized pertinent City Council actions. V. ORAL COMMUNICATIONS None MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 2019 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of September 17, 2019. Rec: Approve as presented. Upon a motion by Commissioner Greenwood, seconded by Commissioner DeLuna and a 5-0 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of Precise Plan (PP) 19-0003 and Conditional Use Permit (CUP) 18-0007 to allow the construction of a pad fora future 4,000-square- foot building, and to establish up to 11,525 square feet of restaurant space within an existing retail shopping center located at 73547 Highway 111; and adopt a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Case Nos. PP 19-0003/CUP 18-0007 (Graziadio Family Development, Redondo Beach, California, Applicant). Assistant Planner Nick Melloni presented the staff report (staff report(s) are available at www.cityof palm desert.org). Staff recommended approval of the above-noted and offered to answer any questions. Commissioner DeLuna inquired if there was any environmental mitigation done on the site that was previously a gas station. As part of the demolition, Mr. Melloni responded that the applicant needed approval from South Coast Air Quality District to remove the tank. At the time of approval, remediation of the soil was not required. Chair Gregory declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. BILL LANG, President of Graziadio Family Development, shared that they are the original developers of the Jensen's Center, which was the first Jensen's in the desert. He felt that the center is looking good. As part of the remodel, they created two patios with 2 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 2019 shade and getting some new tenants within the center. Many exciting things are happening at that center with the improvements. With no further testimony offered, Chair Gregory declared the public hearing closed. Commissioner Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2763, approving Case Nos. PP 19-0003/CUP 18-0007, subject to the conditions of approval; and adopt a Notice of Exemption in accordance with CEQA. The motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). B. REQUEST FOR CONSIDERATION of a recommendation to the City Council for approval of the DSRT SURF Specific Plan, a Precise Plan application, a Tentative Tract Map for the development of a surf lagoon and surf center facility (restaurant, bar, retail, and support facilities), up to 350 hotel rooms, and 88 residential villas on a vacant 17.69-acre site; and certification of the Environmental Impact Report for the DSRT SURF project located on the west side of Desert Willow Drive. Case Nos. SP 18-0002/PP 18-0009/EA 18-0002/TTM 37639 (Desert Wave Ventures, LLC, Solano Beach, California, Applicant). Commissioner John Greenwood stated that the firm he works for, Prest Vuksic Architects, provided consulting services for the project. Therefore, he recused himself from this item. Chair Gregory also recused himself, stating that his firm provided landscape architectural services for the project. At this point, Vice-Chair Holt proceeded with the public hearing. Commissioner Joseph Pradetto shared that he met with the applicant, with Vice-Chair Holt and City staff present. He said there was no new information discussed during the meeting of what staff has presented in the staff report and other publications. The meeting involved information related to the wave technology of the project. Commissioner DeLuna disclosed that she met with the applicant and City staff at City Hall. They discussed the project in detail. They did not discuss anything outside of what is in the staff report. With the aid of PowerPoint, Principal Planner Eric Ceja presented the DSRT SURF project. He noted that before the meeting, the Commission received a memorandum with four amendments to the conditions of approval, and the amendments need to be included in the motion if the Commission recommends approval. He also noted that the memorandum is available to the public to view. He concluded his presentation and recommended approval to the City Council. He offered to answer any questions. Commissioner DeLuna clarified that the City's Lighting Ordinance specifies 10:00 p.m, for sports lighting. Mr. Ceja replied that is correct. 3 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 2019 Commissioner DeLuna commented that staff is recommending approval to allow lights to be on until midnight. If the public or neighborhood does not approve the lights to stay until midnight, she asked if the City could revisit and amend the recommendation. Mr. Ceja replied yes. Commissioner DeLuna asked what ipe wood is. Mr. Ceja believed that ipe wood is a Brazilian hard wood. Commissioner DeLuna commented that the exit egress and ingress points are 240 feet apart. She inquired if staff felt it is sufficient to separate and not cause congestion during special events. Mr. Ceja answered yes, adding that the City has requested the applicant provide a Parking Management Plan (PMP) for special events. He stated parking for special events would occur off-site, and spectators would be bussed into the site. Commissioner Pradetto inquired if the City owns the proposed project site. Mr. Stendell explained that the property is owned by the Successor Agency to the Palm Desert Redevelopment Agency. Therefore, the City is in the position of being a steward of the property that is technically owned by the State of California. Commissioner Pradetto asked if the applicant plans to purchase the property. Mr. Stendell replied yes, for market value. Commissioner Pradetto said he has heard there are at least three other proposals in the Coachella Valley for surf parks. He mentioned there is one proposed in Thermal, one in La Quinta, and another in Palm Desert. He asked staff if they have any knowledge of the proposals. Mr. Ceja replied that it is correct. There are other proposals; however, the proposals are not the same character as DSRT SURF. Commissioner Pradetto asked what the status is on the other surf park that is proposed in Palm Desert. Mr. Ceja made clear that DSRT SURF is the only surf facility being evaluated in the City of Palm Desert, and he is only familiar with the DSRT SURF project. Commissioner Pradetto noted that the applicant volunteered to enter into the Turf Reduction Program (TRP). He asked if there was any discussion with the applicant to expand the program so it could cover 100 percent of the water use. Mr. Ceja responded that City staff did not discuss expanding the program to 100 percent with the applicant. He noted that the Coachella Valley Water District (CVWD) approved the water assessment. Even without the TRP, CVWD said there is enough water to support the project. 4 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 2019 Commissioner Pradetto remarked that CVWD says that about everything. Regarding building heights, he asked what the rationale of the heights is. Mr. Ceja answered that staff is comfortable with the 55-foot height for the hotel. He said the existing timeshare units at Desert Willow are four stories and at 50 feet in height. Recently, the City Council and Planning staff have been approving hotel projects ranging at approximately 50 feet. Commissioner Pradetto asked how high the hotels at Desert Willow are. Mr. Ceja replied that the hotels are 50 feet in height. Commissioner Pradetto inquired if a development agreement is going before the City Council for the proposed project. Mr. Ceja responded that a disposition and development agreement is going before the City Council. Commissioner Pradetto asked if City staff and the applicant are still working on the agreement. Mr. Ceja replied yes, explaining that the agreement outlines business terms and does not pertain to land use. Vice-Chair Holt asked what the distance in feet from the project to any sensitive receptors is. Mr. Ceja answered that the closest sensitive receptors would be the daycare and senior living businesses on Country Club Drive, which is approximately 1,200 feet away from the proposed project. Vice-Chair Holt asked what the average daily traffic (ADT) coming into the site is on a weekend day. Mr. Ceja communicated that the applicant prepared a traffic analysis for the project. He did not recall the ADT; however, the analysis did show the roadways leading into Desert Willow Drive are sufficient to accommodate traffic. Vice-Chair Holt inquired if there is a requirement for a traffic light at Market Place and Cook Street. Mr. Ceja replied yes, noting that the traffic study concluded the intersection at Market Place and Cook Street warrants a traffic signal. He said there is a condition of approval for the applicant to pay their share of the traffic signal. Vice-Chair Holt referred to the overflow off-site parking lot owned by the City and asked if the City is going to make improvements to the lot, which is currently a dirt lot. Mr. Ceja answered that there would be improvements to the dirt lot. He was unsure to what extent the improvements are. 5 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 2019 Vice-Chair Holt asked if it is correct that the parking lot owned by the City would be part of the PMP. Mr. Ceja replied that is correct. Vice-Chair Holt assumed that City staff reviewed the conditions of approval with the applicant. Mr. Ceja replied that is correct. Vice-Chair Holt mentioned she was a little concerned with the secondary access. She asked where the secondary access would be located. Mr. Ceja responded that staff met with the adjacent property owner, and the main project access would come from the roundabout into the surf center and parking area. The secondary access would be on Willow Ridge. He said there would be a secured emergency vehicle gate installed. Vice-Chair Holt clarified that the secondary access is only for emergency access, and the applicant would install a Knox box. Mr. Ceja replied that is correct. Vice-Chair Holt asked if it is correct that the City would allow the applicant to use the project site for up to 15 special events per year. Mr. Ceja replied that is correct. Vice-Chair Holt asked if it is correct that the hours of operations for special events may continue to 2:00 a.m. Mr. Ceja replied that he did not believe so due to the condition concerning lighting. The applicant must turn off lights by midnight. Vice-Chair Holt commented that she thought she read 2:00 a.m. Mr. Ceja communicated that the bar and restaurant would stay open later; however, the surf lagoon would close by midnight on the weekends. Vice-Chair Holt asked if the surf lagoon would also close at midnight for special events, but the restaurant and bar would stay open until 2:00 a.m., similar to adjacent resort uses. Mr. Ceja replied that is correct. Vice-Chair Holt inquired if the JW Marriott Desert Springs Resort has similar restrictions in terms of lighting and hours of operation. Mr. Ceja replied yes, adding that the JW Marriott must also apply for a Temporary Use Permit (TUP) for special events to evaluate any impacts. 6 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 2019 Vice-Chair Holt inquired if the applicant would need to apply for a TUP for special events, or would it be part of the overall approval of the project. Mr. Ceja responded that the City would grant approval; however, the applicant would need to submit a PMP. Vice-Chair Holt mentioned that City staff would review the lighting plan when the applicant applies for the building permits. She asked if staff has seen a specific lighting plan. Mr. Ceja replied that staff looked at the lighting plan. He said the information provided in the Precise Plan (PP) is more than sufficient. When the applicant submits the building plan, staff would also receive a new photometric study and electrical details. Vice-Chair Holt asked if it is correct that the applicant must shield and keep lighting away from the adjacent uses. Mr. Ceja said yes, explaining there would be full shielding on the lighting and directed downward. Additionally, there is a condition of approval to minimize light spillage across property lines. Vice-Chair Holt noted if the Specific Plan (SP) was not being adopted, she asked if there would be additional variances required for the project, such as height and lot coverage. Mr. Ceja believed that the Zoning Ordinance does not allow for 55 feet in height. However, the City has developed Desert Willow at 55 feet, which was approved by a different City Council during that time. He contemplated a variance for parking since there are no parking standards for this type of use. Commissioner Pradetto inquired if there are slides showing visual simulations. Mr. Ceja asked if there was a specific slide he wanted to view. Commissioner Pradetto responded that he is not sure if the slide is the PP or the environmental document. He referred to Exhibits 2.2-15, 2.2-13, and 2.2-16. Mr. Ceja stated that the exhibits are in the environmental document, which he did not have available. Commissioner Pradetto asked what the definition of a nightclub is. Mr. Ceja replied that he could not define a nightclub. Commissioner Pradetto noted that a nightclub is listed as a permitted use. He voiced his concern to allow a nightclub outdoors. He inquired why a nightclub would be a permitted use and not a Conditional Use Permit (CUP). 7 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 2019 Mr. Ceja believed that due to the location of the surf center and contemplating a nightclub use (music, entrance fee, food/beverage, and open until 2:00 a.m.) is consistent with existing resorts, including the JW Marriott Desert Springs Resort. He also believed a nightclub use is intended to be indoors. He pointed out that the Noise Ordinance would also be in effect. Commissioner DeLuna commented that staff referred to passive solar. She asked staff to expand on the meaning of passive solar. Mr. Ceja defined passive solar as a building technique. Such as the building orientation to the sun and large overhangs above the windows helps with heating and cooling, including meeting energy requirements by the State of California. Mr. Ceja recalled that there was a video from the applicant for the Commission to view, and displayed the video on the screen. For the record, Commissioner DeLuna asked if it is correct that the public is allowed to use the proposed facility, and not only for hotels and condominium users. Mr. Ceja replied that is correct. Commissioner Pradetto referred to Planning Area 2, which the exhibits indicate there are three-story hotels and only conceptual drawings at this point. However, it appears the applicant used the height of the proposed hotels for the view of visual simulations. He asked approximately how tall the hotels are. Mr. Ceja responded that it is difficult to figure the height from the renderings. He pointed to a picture, and the building height is four to five stories. The villa units around the corner are two stories. Commissioner Pradetto asked if the applicant would be selling Planning Area 2 to a hotel developer. Mr. Ceja remarked that he did not know if the applicant would be selling or partnering with a developer to carry the phase for the hotels. Vice-Chair Holt noted that she found the ADT calculation, and it appears that the majority of the trips are coming from the hotel and the villas. She assumed that JW Marriott Desert Springs Resort could handle people coming in and out of the resort, and the proposed project would be somewhat similar to other resorts throughout the desert. Mr. Ceja replied that is correct. Regarding the TRP, Vice-Chair Holt asked if it is correct that Desert Willow is already going through the process of zero scape. She asked staff to elaborate on what the plans are for improvements. 8 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 2019 Mr. Stendell communicated that there were certain projects over the years converting non-useable golf areas into desert landscape, without a funding source. Therefore, the TRP was a good way to get ahead of something that the City has been considering from the beginning, which they believe is an important issue regarding water. He stated that Desert Willow has converted some areas to desert landscape, but there is no program or funding available to do so. Vice-Chair Holt asked if the TRP would be a good test run. Mr. Stendell replied yes. Vice-Chair Holt inquired if the City would monitor that the projected gallons of water are being saved once the conversion takes place. Mr. Ceja interjected there is a condition of approval the applicant must complete a program with the City. The program would identify the quantity of water for each hole that would be converted to desert landscape. It was identified one million square feet of turf would be removed. Vice-Chair Holt declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. DOUG SHERES, the representative for Desert Wave Ventures, Half Moon Bay, Del Mar, California, thanked the Planning Commission and City staff for working on the proposed project. He briefly introduced his team, and stated that this project has been in the making for over three years. He made clear that the project is not a water park in which they try to fit as many people in a small body of water and make money. Their project is the opposite where they a creating a large body of water and the goal is to limit the number of people in the water to provide a premium and surfing experience. He said DSRT SURF is the first of its kind in the world as a destination resort and an upscale resort, with a surf lagoon that would put Palm Desert at the forefront of a new segment of active and leisure travel. The project would bring an upscale hotel, spa, fitness center, villas, restaurants, and numerous activities. He stated that they chose Palm Desert and Desert Willow because it is important to get the feel and aesthetic right, and the feel of a destination people want. They looked at different sites for a year and a half before they chose the site at Desert Willow because of the beautiful scenery in the surrounding area. They also felt the City created Desert Willow specifically for the proposed use. The golf course is iconic and spectacular, and the surf resort would provide other activities and lodging options, which the City had in mind when they designed and built Desert Willow. Mr. Sheres stated that surfing is an all year round activity and summer would not be a deterrent, which should help balance visitor demand during the typical slow summer months. He stated that their project is comprised of long-term committed environmentalists, and they all have worked in non-profit groups, worked around the world, and worked in Southern California to conserve the oceans, conserve water, and other aspects of the environment. Therefore, it was important to their group to have the environmental pieces correct, water in particular. It was important to them to create a program to reduce golf course turf, and effectively create a project that has no incremental water demand. He expressed that they are proud of the project and hope the Planning Commission and the Palm Desert community shares the same enthusiasm. 9 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 2019 MR. WILLIAM DUNCANSON, the project architect, San Francisco, California, stated that their firm specializes in site-specific architecture and unique place-making solutions. They are very excited about the project because it brings both of their specialties into one project. He displayed slides and spoke about the project, the architecture, and the PP application. He thanked the Planning Commission for their time and offered to answer any questions. Commissioner Pradetto asked someone from the applicant's team to answer a question regarding the hotel heights and the view study. MR. DUNCANSON believed Commissioner Pradetto was referring to the pole study. He explained that there is a portion of the hotel that is modeled at four stories. The first story is approximately 15 feet and the upper floors are about 11 feet, approaching 50 feet. Other portions of the hotel are modeled at three stories, with the first floor at approximately 15 feet and the upper stories at 11 feet. Commissioner Pradetto referred to the lighting plan and understood that the purpose of 80-foot poles is to reduce the glare. He asked what it would take to achieve the glare of the 80-foot poles with 60-foot poles. MS. NICOLE CRISTE, Terra Nova, the environmental consultant with the project team, Palm Desert, California, directed Commissioner Pradetto to the Environmental Impact Report (EIR) document, which includes the pole analysis. Commissioner Pradetto asked if it is Exhibit 2.2-22. MS. CRISTE replied yes. Commissioner Pradetto stated that he understood if the poles are lowered, it increases the angle and contributes to the glare. He asked if the applicant could add additional poles to keep the angels tighter, and still achieve a low glare and have adequate lighting. MS. CRISTE responded that they significantly looked at having even lighting across the lagoon, and not over lighting or under lighting in one area. She communicated that lowering and adding poles would make the glare worse by definition. She said the more light standards, the more the light spreads. At this time, Vice-Chair Holt invited public testimony favoring or opposing this matter. MR. TODD RHODEN, President/CEO with the Palm Desert Area Chamber of Commerce (PDACC) and a Palm Desert resident, Cook Street, Palm Desert, California, stated that he and the PDACC Board of Directors strongly support the DSRT SURF project. They like the idea that the project would attract young professionals,families, and visitors of all ages. They also like that it provides relaxation from the daily stresses of life. The project would be an economic driver and a new tax revenue driver for the City. More importantly, the project would create an estimated 400 new jobs. They also appreciate the applicant factoring in all the environmental issues. The project is going to be a fun event space for local businesses, and it will 10 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 2019 bring in new businesses. Lastly, he appreciated the applicant's team meeting with the PDACC. MR. BOB MARRA, a resident, Montana Vista Drive, Palm Desert, California, stated that he lives at Desert Falls Country Club and brought his 14-year-old son to listen to the public hearing instead of watching the presidential debate. He shared that his son is a great athlete and started surfing in Huntington Beach this year, so they were excited to hear about DSRT SURF. He felt the project is a great amenity, his family could spend time together, and it is good for the City, in terms of health and well-being. He said DSRT SURF is a home run amenity to be among the Desert Willow project, which was initially created with Redevelopment Agency funds and resources that are no longer available. He pointed out there is a developer willing to invest their resources into the project for the local community to use. He said he and his son would be there day one if they let them in. His son will be surfing and he will be boogie boarding. From an economic standpoint, the project is a home run, especially during the summer months when hotels and golf courses suffer. He used the music festivals as an example, noting that over time they made an incredible impact to the Coachella Valley by having over 100,000 young people coming to the desert every year and putting their eye on our mountains, the beauty in the desert, stimulating the economy, and adding to the younger demographic base in the region. He felt DSRT SURF is a grand slam for the people in the desert, and urged the Planning Commission and the City Council to support the project. MS. KRYSTEN GONDA, a resident, Ascot Circle, Palm Desert, California, shared that in 2018, she founded East Valley Board Riders, a surf club that serves students in the east side of the valley. She currently takes the students to Huntington Beach to learn how to surf. When she was going to start the program for her students, she started hearing about DSRT SURF. Now she has an opportunity to make surfing accessible to her students, broaden their horizons, and open up new opportunities for them. The project would positively affect the youth in the community, not only in Palm Desert but also throughout the Coachella Valley. MR. DAVID HILTS, a resident, Salt Cedar Street, Palm Desert, California, stated that he founded the Coachella Valley Surf Club. He formed the club to promote surfing as a healthy sport and to have surfing added to school programs. The project would be great for the desert, for kids, and for people that live in the desert that used to surf. He mentioned he was a surfer for over 50 years, and his club already has members from outside of the area because they are excited about the proposed project. He stated the project would be great for the Coachella Valley and endorsed the project. He thanked the Commission for their time. MR. DENNIS BREALY, a resident, Covington Drive, Palm Desert, California, mentioned that he is the president of the Montecito Homeowners' Association (HOA). He said he has spoken with Mr. Sheres and Mr. Luff several times, and appreciated their openness and willingness to work with the residents of Montecito. He stated he is in favor of the project site and an excellent project. However, he had some concerns and provided City staff with a letter noting their concerns. He understood that the project would be sunken, which he has not seen in the presentation or in the renderings. He pointed out that the site is elevated, and he had the understanding the hotel would be three stories tall, noting that 55 feet is a long way from three stories. 11 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 2019 He voiced his concern with eight-story-tall floodlights on top of the elevated site. He said the site rests between his community and the mountains, and the community would not be in support of that concept. Other concerns with the project are noise and traffic. In general, it is a great concept and supports the project. However, his community has concerns about lighting, noise, and traffic. MR. JOHN VUKSIC, Appian Way, Palm Desert, California, commented that he had the opportunity to spend some time with the developers of the project. He found the developers to be extremely professional at every turn, he has enjoyed conversations about the design, and he has been impressed with the developer to do a project that is a quality project. Their eye for design has been amazing. He has also been impressed with the consultants they hired, as an architect himself, it tells him a lot about a developer and their desire to have a good project. He felt that the City has an opportunity for a good project. MR. DAVID MIDDLETON, a resident, Arboleda Avenue, Palm Desert, California, shared that he takes shorter showers, drives a dirtier car, his lawn has turned brown, and his trees have died to help conserve water. He pointed out that they live in the desert, and there is always a drought. To make extra water available to make the project feasible, he asked if it is a wise use of water. He did not think so. He also asked what the real economic benefits of the project are. He did some research on average wages for people in the hospitality and entertainment business, in which the average income is $20,000 a year or less. He hoped wages have come up since the study in 2013. He stated that a project this big should be a good a neighbor to all of Palm Desert, and not just a few hundred people. MR. DAVID PAUL, on behalf of Save Our Mohave, East Colorado Boulevard, Pasadena, California, communicated that he was with an organization in opposition of DSRT SURF. Save Our Mohave does not oppose economic development or surfing. However, placing DSRT SURF in the middle of the desert does not preserve desert communities. The project would waste the most valuable resource that supports the citizens of this community—water. According to the Draft EIR, it estimates the project would use 53 million gallons of water a year. He noted that well levels in the Coachella Valley are declining, and the project is going to depend on the source substitution from the Colorado River to recharge the aquifer. He felt that the Draft EIR did not go far enough to look at how DSRT SURF interacts with other developments that may come on down the line and affect the water availability for Palm Desert citizens. He informed the Commission that the Supreme Court articulated a standard in the Vineyard Area Citizens for Responsible Growth versus the City of Rancho Cordova. Under the standard, Save Our Mojave believes that the Draft EIR should be rewritten under the first prong when it proposed a solution by reducing turf at the Desert Willow Golf Resort, the Draft EIR did not adequately explore the facts of the cons for that idea. He stated that the Draft EIR did not look at the cumulative effects, noting there is noise pollution, light pollution, air pollution from construction, and environmental concerns. Commissioner Pradetto asked Mr. Paul if he submitted a written response to the Draft EIR. MR. PAUL responded that Save Our Mojave did submit a letter. 12 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 2019 Vice-Chair Holt asked Ms. Criste if she would like to address noise pollution. Regarding Mr. Paul's comments, Ms. Criste indicated that he did submit a letter regarding issues raised at this meeting. She noted that the Planning Commission received a copy of the response to comments that were prepared in conformance with CEQA, specifically as it relates to Mr. Paul's comments. She referred the Commission to Comments and Responses Nos. E3, E4, and E5 as it relates to water. She also referred the Commission to No. Ell as it relates to noise, and No. E12 as it relates to cumulative impacts. She said the comments made by Mr. Belcher who is the author of the letter they received by Mr. Paul, are not supported by substantial evidence. Her team has made extensive references to the locations in the Draft EIR addressing water, noise, and cumulative impacts. She stated that the Draft EIR did conform to the requirements of CEQA as it relates to cumulative impacts on a categorical basis for all areas studied in the EIR. In most cases, they were General Plan build-out cumulative impacts where regional issues arise, such as air quality and greenhouse gas (GHG). She pointed out that Mr. Paul referenced reductions in well levels. In response, she noted that in the EIR and the water supply assessment, CVWD eliminated the overdraft condition in the water basin on the west end of the valley, and intends on exceeding its goals of eliminating overdraft throughout the multiple basins in the valley in advance of their target date of 2030. The overdraft condition that occurred in the past is not currently the case. She said CVWD works hard to improve water storage capacity. Regarding noise, they looked extensively at noise, including monitoring sensitive receptors surrounding the property, which included the Montecito development. She noted that the development is located a third of a mile at its closest point of the project site. The facility is designed to include a nightclub, but it is designed for interior use. The facility also faces toward the JW Marriott Desert Springs Resort, as opposed to the north where the Montecito community is located. The noise measurements performed indicate that the project would meet or exceed the City's standards for daytime and nighttime noise levels at all of the sensitive receptor locations, including the Montecito community. She offered to answer any questions. With no further testimony offered, Vice-Chair Holt declared the public hearing closed. Commissioner Pradetto commented that he liked the architecture and the use. The use compared to golf consumes water more efficiently. Even though it is a large body of water, it is in a condensed space, and many people would be using it. He said the TRP allows for an offset for a more efficient recreational use, which he liked. He noted that Mr. Brealy addressed his thoughts very well. He said the site is a little elevated, and the view studies show it is well hidden. However, he would prefer the project at a 40-foot height limit. He would also prefer they figure out a way to get the light poles at a lower height, which could improve the aesthetics of the project. Commissioner DeLuna felt it was a significant quality of life issue, in addition to a recreational issue. Many people do not have access to this type of water environment. She said the project would allow access in a healthy way. People would learn water sports, water safety, and it allows families to do something together. She believed the project would be an economic driver for the City, and it is a unique opportunity for the City to be placed on the map in terms of this type of recreation. She felt that the issues are being addressed, and issues could continue to be addressed. She strongly supported the project. 13 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 2019 Vice-Chair Holt agreed with Commissioner DeLuna. She commented that any potential negative impacts of the project are outweighed by the benefits to the community. She is excited to see the development of this project, and the contributions it could make economically and socially to this community and region as a whole. She was also in favor of supporting the project, with the amendments as outlined by City staff. Commissioner Pradetto asked Vice-Chair Holt if that was a motion. Vice-Chair Holt asked if she could make the motion. Commissioner Pradetto stated that he would make the motion to continue this item for a couple of weeks. He requested that the applicant to 1) make a proposal in the design guidelines for 40-foot height limits in Planning Area 2, and 2) work with the lighting contractor to take a second look at the lighting. He expressed that he liked the project; however, he has some concerns. If the applicant returns with the requested items, he would have no qualms about how he would vote on the project. Commissioner DeLuna asked if Commissioner Pradetto's concerns could be handled at a staff level. Mr. Stendell responded that it depended if the Planning Commission was comfortable enough to move the project forward. He felt lighting is a small issue that staff could work through. However, there is a huge difference between staff's recommendation of 55 feet to 40 feet. The difference in the feet could equate to an entire story, which could cause a ripple or unraveling effect on the entire project. He stated that whatever the Commission is comfortable approving, it is up to their discretion. Mr. Ceja clarified that height limits in the Specific Plan are 50 feet, not 55 feet. Commissioner Pradetto remarked that he heard the word unraveling; however, it does not change his position. He stated that it could be two weeks and the developer could come back and explain exactly what that means. He said to give him the assurance the developer takes a second look at his concerns, including the community's concerns. Commissioner DeLuna inquired what Commissioner Pradetto is requesting the applicant to do. Commissioner Pradetto replied that he is asking the applicant to reduce the height to 40 feet without making a recommendation at this time to see if it is feasible before he decides on the dais. Additionally, he wants the applicant to look at the lighting plan and see if there is any other way to bring the pole heights down. Vice-Chair Holt commented that she is a planner and likes density and height; therefore, she does not have an issue. Commissioner DeLuna said she has no issue with density and height either. Commissioner Pradetto stated that the motion died due to a lack of a second. 14 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 2019 Commissioner DeLuna seconded the motion. After clarifying the motion was to continue the project for two weeks, she withdrew her motion. Due to the lack of a second, the motion by Commissioner Pradetto was not considered. MR. SHERES requested to make a comment. Vice-Chair Holt reopened the public hearing. MR. SHERES voiced that the term "unravel" is the correct term. He expressed that they have spent a tremendous amount of time trying to get the planning right for the project. He said if they try to reduce the height, it would spread the project out and change the whole plan. It would not take two weeks to address the height issue, it would take six months, and the project would get into financial viability. He does not know what the outcome would be, but it would change the project dramatically—a complete redo. He pointed out that the Westin is four stories and more than 50 feet in height. Additionally, the JW Marriott Desert Springs Resort is eight stories. He stated that the proposed project is below what is allowed on the site. If another developer brings a project without a surf lagoon and wants to build the density, they are going to propose five stories with many more rooms. He believed that DSRT SURF is a less impactful project. He stated that lowering the light poles would spread more light. He said the project would include hotel rooms and villas; therefore, any lighting spillage into the rooms would damage their business. He believed there would be no lighting issues with the hotel, villas, and nearby communities. MS. CRISTE communicated that they submitted the lighting plan to the International Dark Skies Association (IDSA) for review, and they considered the project to be within the limits that they apply under dark sky standards they impose. IDSA supported the project, including the sports lighting at the 80-foot level. She stated that DSRT SURF meets IDSA's requirements. Commissioner Pradetto asked what would happen if the project does not get three affirmative votes. Mr. Stendell responded that this project does not require a majority vote. Commissioner DeLuna moved to waive further reading and adopt Planning Commission Resolution No. 2764, recommending approval of Case Nos. SP 18-0002, PP 18-0009, EA 18-0002, and TTM 37639 to the City Council, and include the amended and added conditions of approval. Vice-Chair Holt seconded the motion. Commissioner Pradetto commented that he is conflicted, but he is more in favor of the project than not. Vice-Chair Holt called for the vote and the motion carried by a 3-0 vote (AYES: DeLuna, Holt, and Pradetto; NOES: None; ABSENT: Greenwood and Gregory). 15 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 2019 XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None XIII. REPORTS AND REMARKS None XIV. ADJOURNMENT With the Planning Commission concurrence, Chair Gregory adjourned the meeting at 7:58 p.m. RO GREGORY, C IR ATTEST: RYAN STENDELL, SECRETARY MONICA O'REfLLY, RECORIJINk. SECRETARY 16