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HomeMy WebLinkAbout2019-01-15 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES • TUESDAY, JANUARY 15, 2019 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Ron Gregory called the meeting to order at 6:01 p.m. II. ROLL CALL Present: Commissioner Joseph Pradetto Commissioner John Greenwood Commissioner Nancy DeLuna Vice-Chair Lindsay Holt Chair Ron Gregory Staff Present: Jill Tremblay, Assistant City Attorney Ryan Stendell, Director of Community Development Tom Garcia, Director of Public Works Eric Ceja, Principal Planner Kevin Swartz, Associate Planner Monica O'Reilly, Management Specialist II III. PLEDGE OF ALLEGIANCE Vice-Chair Lindsay Holt led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION None V. ORAL COMMUNICATIONS None MINUTES PALM DESERT PLANNING COMMISSION JANUARY 15, 2019 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of December 4, 2018. Rec: Approve as presented. Upon a motion by Commissioner Greenwood, second by Commissioner DeLuna, and a 5-0 vote of the Planning Commission (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None), the Consent Calendar was approved as presented VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. CONTINUED BUSINESS A. MINUTES of the Regular Planning Commission meeting of November 20, 2018. Rec: Approve as presented. Commissioner DeLuna moved to, by Minute Motion, approve as presented the Minutes of the Regular Planning Commission meeting of November 20, 2018. The motion was seconded by Commissioner Greenwood and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). X. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a recommendation to the City Council for approval of a Tentative Parcel Map to subdivide a 7.7-acre parcel into four residential lots that will be part of the Stone Eagle Development, and a third amendment to Development Agreement No. 02-01 (Stone Eagle Development) located west of the Palm Valley Storm Channel at the termination of Old Stone Trail (APN: 652-090-002); and adoption of a Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA). Case Nos. TPM 37336 & DA 02-01 Amendment No. 3 (Eagles 605, LLC, Indian Wells, California, Applicant). Associate Planner Kevin Swartz presented the staff report (staff report(s) are available at www.cityof palm desert.org). He noted that staff mailed a public hearing notice, and received some calls from residents within Cahuilla Hills concerned with the access. After staff informed the residents that access would not go through Cahuilla Hills, they were no longer in opposition to the proposed project. He also noted an email from a resident concerned with access and the density. He offered to answer any questions. 2 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 15, 2019 Commissioner Nancy DeLuna inquired if Riverside County (County) governs the regulations in Cahuilla Hills and the City of Palm Desert governs the Stone Eagle Development. Mr. Swartz replied that is correct. Commissioner Joseph Pradetto asked if an individual owned the 7.7-acre lot and wanted to develop a home, would the individual be able to build more than one home since the lot is more than five acres. Mr. Swartz responded that the individual would be limited to one unit per five acres. If the individual is limited to the five-acre standards, Commissioner Pradetto asked if the maximum area disturbed should not exceed 10,000 square feet. Mr. Swartz said the individual must meet the standards; however, there is an exception to the hillside standards. The City Council could consider an exception if an individual is requesting a larger home or more square feet of disturbance. For the proposed project, Commissioner Pradetto asked if there would more than 40,000 square feet of disturbance. Mr. Swartz replied yes. Commissioner Pradetto asked if an individual requested to build a home on the proposed site, would the individual be under the same condition in which they must obtain the right- of-way for the future trail. Mr. Swartz answered yes. Vice-Chair Holt inquired how many additional developable sites are on the hillside within the City of Palm Desert. Director of Community Development Ryan Stendell said that for many years he has been a steward for hillside development. He believed there is not a mass amount of developable land because of the steep hills. From a City staff's perspective, there is not a fear of creating an "Orange County" on Palm Desert's hillsides; it is not feasible. Mr. Swartz added that as part of the City's Hillside Ordinance, the ordinance included a ridgeline map. He noted the proposed parcels are not on the ridgeline. Vice-Chair Holt asked if the Planning Commission were to move forward recommending an increase of density and an exception to the Hillside Ordinance, would it impact what the County would allow outside of the Palm Desert city limits. Mr. Swartz replied he did not think so. He felt it is a question for the County. Vice-Chair Holt commented that her experience with the County is that they do not care what adjacent cities do. 3 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 15, 2019 Mr. Stendell mentioned that the City used to receive requests for comments from the County for hillside development; however, it has been years since the City has received any requests from the County. Commissioner Pradetto disclosed that he met with the developer and all the information exchanged at the meeting was contained in the staff report. He shared that he asked City staff the following questions: 1) If the Commission does not amend the development agreement, he asked about the elevation of the pads relative to the proposed lots. Staff indicated that the developer would likely build the lots at a lower elevation than the existing lots. 2) He asked if the City has changed other development agreements and staff replied yes, with the most recent being The Sands Apartments. 3) Concerning the trail, he asked where the right-of-way would come from, multiple landowners or one owner. Staff said whoever obtains the right-of-way would need to get it from the Coachella Valley Water District (CVWD). Vice-Chair Holt asked if the public would have access to the proposed trail. Mr. Swartz replied yes. Chair Gregory noted that he also met with the applicant. They discussed similar items Commissioner Pradetto mentioned. Commissioner John Greenwood communicated that he met with the applicant in the Planning Department and Mr. Swartz was present at the meeting. Vice-Chair Holt said she also met with the applicant. Commissioner DeLuna disclosed she met with the applicant at City Hall and Mr. Ceja was present at the meeting. Chair Gregory declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. TOM CULLINAN, Indian Wells, California, thanked the Planning Commission for considering the tentative parcel map. He stated that as the original developer of Stone Eagle, they were always environmentally concerned with the project. He felt it was a beautiful area and everyone is proud of the development. He communicated that the property was substantially impacted by the construction of the Palm Valley Channel. If you look at the site, the site does not have the feel of any of the properties that are above Palm Desert. He said the property sits at a lower level, and the proposed parcel is not breaking the ridgeline. He felt it was a good piece of property that looks like a remnant. With the proposed new road and nice pads, he said it would be a complement to Stone Eagle. He offered to answer any questions. Commissioner Pradetto commented that the purpose of the hillside development standards is to provide for the lowest density of residential development by minimizing the grading of hillside areas and preserve the natural contours of the land. He understood 4 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 15, 2019 how the project would be a benefit to Stone Eagle and the idea behind the Hillside Ordinance. He asked Mr. Cullinan, from his perspective, what would be the benefit in furthering the purpose of the Hillside Ordinance to the City and the residents of Palm Desert. From his standpoint, MR. CULLINAN responded that the pads would be hidden from view. He indicated that the property was severely impacted by the Palm Valley Channel and a substantial amount of runoff. The proposed project would clean up the area and they would provide a right-of-way access for the trail. He felt the project would be a real benefit to the City of Palm Desert. Chair Gregory referred to the CVWD dirt road access on the east side of the channel. He inquired if there would be improvements to the area. MR. CULLINAN answered that they are not required to improve the area; however, they are working with the City. They have met with City staff and CVWD to acquire the right- of-way along the east side of the channel. He believed the area would remain in its natural state. Chair Gregory said people use the area for outdoor activities and he hoped it remains similar to its current condition. He noted that the area is one of the few places where you could see the lots that are being improved. MR. CULLINAN replied that is correct. Commissioner DeLuna mentioned that a couple of years ago, there was a proposal to build six homes on the parcel. She clarified that the project has been downsized to four homes. MR. CULLINAN replied that is correct. MS. CONNOR LIMONT, Palm Desert, California, understood that Stone Eagle is exempt from the Hillside Ordinance and there are 16 homes still to develop. She informed the Planning Commission that the development does not affect her; however, it has a direct impact on her as a resident of Palm Desert. As a resident, she depends on the Planning Commission and the City Council to have the best interest of the community at the forefront of their decisions. Concerning the proposed project, she said the discussion is not about adding one more house to the hillside. The discussion is about dismantling the ordinances that would keep Palm Desert's beauty and a place for people to call home or visit. She pointed out that the City has development agreements to ensure the quality of life is protected, projects do not negatively affect the City, and they assure residents' homes would be protected. She stated that once the City makes an exception to a development agreement, it opens the door to all development agreements. She noted that the request is to divide the parcel into four home sites, which takes the exception to the one in five houses to land rule. She expressed the request would damage the open space and beauty of the area. She voiced that the Commission and the Council cannot say yes to one without saying yes to all. She mentioned the City worked diligently for many years to construct the Hillside Ordinance; it was made to preserve the beauty of the Cahuilla Hills. Ms. Limont said people come to the Coachella Valley to enjoy the area; not see 5 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 15, 2019 buildings. Lastly, she conveyed to the Commission to not focus on the short-term money of developers, but focus on not taking away the open mountain views. MR. CULLINAN understood Ms. Limont's concerns. He felt that the site is different from other hillsides. He reiterated that the Palm Valley Storm Channel denuded the area, and the site is not located on a ridge overlooking the valley. The site sits hard against the channel. He believed the project would be beautifully done and landscaped at the highest quality. He said the City would be proud of the project once the homes are constructed. Commissioner Pradetto asked how many lots have been graded. MR. CULLINAN replied none. Chair Gregory inquired if lots are specified that would be essentially swapped for the newly proposed lots. Are the lots stipulated in some way? MR. CULLINAN replied that is correct. Mr. Stendell interjected that draft Amendment No. 3 memorializes the swap and density of the lots in the development agreement. Commissioner Pradetto commented that it seems developable space is limited within the development agreement, which requires the clustering because there is not enough land. Therefore, if the Planning Commission approves the request, it allows the applicant to spread out four estates and there is still a concentration of condominiums. He said it would give the applicant the flexibility to have four additional estates that they would not otherwise have. He asked if that is correct. MR. CULLINAN replied that is correct. If the Commission approves the request, Commissioner John Greenwood inquired if the initial construction would involve grading, street installation, curb and associated landscape within the immediate right-of-way. MR. CULLINAN replied that is correct. Chair Gregory commented that the applicant's prior experience with Stone Eagle and The Reserve have been exemplary with the planting of native plants or plants that are close to native plants. He assumed the same plantings would be used on the site. MR. CULLINAN responded that they would use the same approved guidelines as they did for Stone Eagle. If the request is approved, Commissioner DeLuna asked if it will not set a precedent and any other further development would be considered on a case-by-case basis. Mr. Stendell replied that is correct. He explained development agreements are composed based on the findings. He said is it not always a true statement that the truth lies somewhere in between. He said there are unique circumstances in the current case that 6 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 15, 2019 are key to the Stone Eagle property that would not place the Commission in any future bind in his opinion. With no further testimony offered, Chair Gregory declared the public hearing closed. Commissioner Pradetto commented that he looked at the project from a couple of different perspectives. Regardless if the Planning Commission decided to approve or not approve the tentative parcel map, Stone Eagle is allowed to build 61 additional units in the area. He said if the Commission did not approve the request, someone could build a home and there would be one net gained unit in the hillside area. So technically an argument could be made that there would be more units in the hillside area. He noted that it is one way to limit the overall development by approving the request. He communicated that another way to look at the request is the amount of disturbance in the hillside area due to the sizes of the pads. He mentioned that the concentration of the units would take place near the clubhouse at a lower elevation and more hidden than the current lot. He stated he does not see what the City would gain relative to what it takes to deviate from the Hillside Ordinance. He felt that the approval of the tentative parcel map would lead to a greater disturbance in the hillside area and not enough in return for the deviating from the Hillside Ordinance. He noted that the City would request the same condition for the trail for anyone submitting an application to develop in the area. He communicated that the City should set a high bar for hillside development. Commissioner DeLuna asked if the Hillside Ordinance governs the property. Mr. Stendell replied that is correct. The area is zoned Hillside Planned Residential (HPR). Chair Gregory said Commissioner Pradetto made an interesting point in the spirit of the Hillside Ordinance and possibly important for the Commission to consider. Vice-Chair Holt assumed that the Hillside Ordinance was developed because the original parcel sizes in the area were five acres, and existing owners in the area had an issue with the County allowing further subdivision of the five-acre parcels. She inquired why the ordinance was written as it was with regard to the density. Mr. Stendell responded that there are rectangular five-acre parcels in three rows north of Stone Eagle down to the Cahuilla Hills Park. Southbound from Stone Eagle, the parcels are a little more irregular and the City boundary occurs very rapidly after Stone Eagle. He referred to the map and pointed out that there is not a lot of land within the City limits. He said the County is allowing parcels to be subdivided into one-acre lots and allow more subdivision. He mentioned he was responsible for the most recent HPR code revision, which was done to preserve the beautiful vistas and recreation in the area. He indicated that the proposed parcel is zoned HPR. He felt that the request is a low-risk decision for the hillside; therefore, staff recommended approval. He explained that the proposed subdivision does not occur high on the hillside and it would allow the City to spread the density for Stone Eagle over a larger land area, thus taking the total overall density downwards. The subdivision would also help with a recreational trail, in which the developer would maintain the trail for the City. Lastly, the subdivision would help Stone Eagle with fiscal solvency. 7 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 15, 2019 Commissioner Greenwood felt that the proposal is unique and it is being looked at specific to its location. He believed Stone Eagle had done a very good job with the development. He said it is important if the Planning Commission could do something to help ensure that development in Stone Eagle is successful moving forward without significant impact to the hillside. He mentioned he visited the site and he did not feel the proposed project would affect the site in a way that it would detour from the true meaning of the Hillside Ordinance. He stated he is in favor of this matter. Vice-Chair Holt concurred with Commissioner Greenwood's comments. She would feel differently if it was another developer with no experience developing in the area. She visited the site and shared that the color schemes of the homes and materials utilized work with the surrounding environment. She also walked up to the proposed parcel and recognized that Stone Eagle is keeping a lot of the existing typography intact. She expressed that the County does not pay attention to what goes on in adjacent jurisdictions. Therefore, a decision that the Commission makes would not set a precedent for what is going to happen within the County jurisdiction. While visiting the site with Mr. Stendell, they were not able to identify many other areas within the City limits that were developable due to the typography. Chair Gregory stated his main concern was setting a precedent situation. However, Mr. Stendell said the project would not set a precedent because it is a unique situation. He asked Mr. Stendell if another situation could possibly occur. Mr. Stendell responded that he does not have an answer to how many more applications the City may receive requests to develop on the hillside. He made clear that the staff report and findings staff presented present a unique case. As City planners, they are in charge of looking at the context of every site and making a recommendation for approval or a denial of an application. Commissioner Pradetto asked how the proposed project would benefit Stone Eagle financially. Mr. Stendell deferred the question to the applicant. Chair Gregory asked if he needed to reopen the public hearing. Mr. Stendell replied yes. Chair Gregory declared the public hearing open for additional testimony on this matter. As the developer, MR. CULLINAN stated that they do not have any particular financial interest left in Stone Eagle other than the proposed parcel. He said the HOA operates on its own, so he did not know what the benefits would be to Stone Eagle financially. He noted that the residential units would be built sooner than the club units. With no further testimony offered, Chair Gregory declared the public hearing closed. 8 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 15, 2019 Commissioner Pradetto continued that he is not convinced in terms of spreading out the lots and creating a different product type. In his opinion, he felt that spreading out development in the hillside is the wrong direction. If the City is going to make a deviation from the Hillside Ordinance, the City should be getting a much better deal. Vice-Chair Holt asked Commissioner Pradetto what type of a deal he is looking for. Commissioner Pradetto stated it is not for him to determine. He pointed out that the project would create four times the amount of disturbance in the area. Chair Gregory asked Commissioner Pradetto, as Commissioners, is it not what they do in which they get creative in an effort to make something happen. Commissioner Pradetto responded that he is not prepared to be creative on this matter. He did not think it is a conversation to have in one night. Vice-Chair Holt understood that there would be custom homes. She communicated that the proposed project might be an opportunity for the City to have something constructed as an example of how to develop correctly within the hillside. Noting to be careful concern to aesthetics, viewsheds, materials, and outcroppings. If the project is tastefully done, she sees it as a positive benefit if there is development on adjacent hillsides. Commissioner Pradetto asked Vice-Chair Holt why set an example of how to do something the City wants to discourage. Vice-Chair Holt responded that she does not see a downside if hillside development is done appropriately, does not affect viewsheds, and there are no environmental impacts. Commissioner Pradetto remarked that the downside is the City could get exactly what Vice-Chair Holt mentioned, except the City does not have to do it with four homes in the area. Commissioner Greenwood reiterated that the proposed development is commensurate with the level of quality the City has seen throughout Stone Eagle and The Reserve. He said that the four homes to be constructed would be consistent with the first-class level that the City has seen through the entire club. The project would be a good addition to the City of Palm Desert. He said the colors and material would be consistent with the hillside. He is in favor because the parcel is unique, it is located low, it is not located on a ridgeline, and the egress and ingress are already developed. Commissioner Pradetto asked Commissioner Greenwood what would happen if City staff brought another proposal for the Commission to consider that is not as good as the Stone Eagle's proposal. Commissioner DeLuna interjected that the City also has to give a property owner some private property rights. Commissioner Pradetto stated that the City could restrict what people do with their property, stating that is the whole point of zoning. 9 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 15, 2019 Commissioner DeLuna remarked the proposed project does not set a precedent and moved for approval. Commissioner DeLuna moved to waive further reading and adopt Planning Commission Resolution No. 2746, recommending approval to the City Council of Case Nos. TPM 37336 and DA 02-01 Amendment No. 3, subject to the conditions of approval. The motion was seconded by Commissioner Greenwood and carried by a 4-1 vote (AYES: DeLuna, Greenwood, Gregory, and Holt; NOES: Pradetto). XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Vice-Chair Holt reported that the Art in Public Places Commission discussed the inclusion of additional artists onto the City's registered list. Mr. Stendell added that there is a community art project coming in April, which involves displaying a giant quilt at City Hall. B. PARKS & RECREATION None XIII. COMMENTS Chair Gregory commented that the Commission had an extremely spirited dialogue and he was very impressed. He felt it was a good example of looking out for the interest of the public. He thanked the Commissioners for their efforts. XIV. ADJOURNMENT With the Planning Commission concurrence, Chair Gregory adjourned the meeting at 6:53 p.m. R N GREGORY, IR ATTEST: RYAN STENDELL, SECRETARY MONICA O'REILLY, RECOf4bING SECRETARY 10