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HomeMy WebLinkAbout2019-06-18 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION MINUTES • TUESDAY, JUNE 18, 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 6:00 p.m. II. ROLL CALL Present: Absent: Commissioner Joseph Pradetto Vice-Chair Lindsay Holt Commissioner John Greenwood Commissioner Nancy DeLuna Chair Ron Gregory Staff Present: Robert W. Hargreaves, City Attorney Ryan Stendell, Director of Community Development Bo Chen, City Engineer Eric Ceja, Principal Planner Nick Melloni, Assistant Planner Janine Judy, Management Specialist I III. PLEDGE OF ALLEGIANCE Commissioner Joseph Pradetto led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION None V. ORAL COMMUNICATIONS None MINUTES PALM DESERT PLANNING COMMISSION JUNE 18, 2019 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of May 21, 2019. Rec: Approve as presented. Upon a motion by Commissioner Greenwood, second by Commissioner DeLuna, and a 4-0 vote of the Planning Commission (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: Holt) the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of Precise Plan 19-0001 and Conditional Use Permit 19-0004 for a request to construct two additional dwellings, and establish a recreational event facility with incidental overnight stays on a property containing a historic structure, generally known as the Miles C. Bates House at 73-697 Santa Rosa Way; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Case Nos. PP 19-0001/CUP 19-0004 (Palm Desert Wave House, LLC, Palm Desert, California, Applicant). Assistant Planner Nick Melloni presented the staff report (staff report(s) are available at www.cityofpalmdesert.org). Staff recommended approval of Planning Commission Resolution No. 2758, and provide direction to prepare a Historic Preservation Overlay District of the said property. He concluded his report and noted that the applicant has a short presentation for the Commission to see. Commissioner Nancy DeLuna asked if there would be two or three units designed for short-term rentals (STRs). Mr. Melloni replied there would be three units. Commissioner DeLuna asked if the STRs are limited to six people and parking is limited to three cars. Mr. Melloni answered that the STRs are limited to six people and up to four cars. He noted that the driveway would also be utilized for parking. 2 MINUTES PALM DESERT PLANNING COMMISSION JUNE 18, 2019 Commissioner DeLuna clarified that STR parking would all be on-site and no parking on the street. Mr. Melloni replied yes. Commissioner DeLuna asked Mr. Melloni to explain the correlation of a Historic Preservation designation to allow a zoning variance so historical properties could have STRs. Chair Gregory suggested that the applicant first address the Commission about the proposed project. When the City and the applicant agreed to the Mills Act Contract, Commissioner Pradetto inquired if there was an understanding that a Conditional Use Permit (CUP) would need to go before the Planning Commission for approval. Mr. Melloni replied that it was not a condition of the Mills Act Contract. The Mills Act Contract only laid out preservation goals and specific conditions. He pointed out that one specific condition was to maintain a clear view of the property from the public right-of-way, so there is a public benefit. Commissioner Pradetto stated that the way he read and understood the contract, the applicant has already agreed and is obligated to maintain the home to historic preservation standards, regardless of what the Planning Commission decides this evening. Mr. Melloni replied that is correct. If the Commission potentially approves the Precise Plan (PP) and the CUP, Commissioner Pradetto said the Commission is helping the applicant to do something to which he is already obligated and has agreed to. Director of Community Development Ryan Stendell responded that throughout the negotiations for the property between the City and applicant, there was a commitment given by City staff (not Planning staff) that the City would consider this use as a mechanism to help the applicant recover their investment for the rehab of the structures. Commissioner DeLuna asked if there would be live music outdoors, such as a band. Mr. Melloni replied that the applicant did not clearly outline music outdoors in the application and deferred the question to the applicant. Commissioner DeLuna asked if there is an ordinance that states activities and sound must cease by 10:00 p.m. She also asked if the ordinance applies to the entire neighborhood. Mr. Melloni noted that the ordinance Commissioner DeLuna referred to is the City's Noise Ordinance. He said that the Noise Ordinance does not specifically state when noise must cease. However, the decibel maximum measurement changes at 10:00 p.m., and noise must be turned down. 3 MINUTES PALM DESERT PLANNING COMMISSION JUNE 18, 2019 Commissioner DeLuna inquired if the proposed facility would need to comply with the Noise Ordinance. Mr. Melloni replied yes. Commissioner John Greenwood asked where the parking would be located off-site for events. Mr. Melloni replied that potentially parking would be available at the Joslyn Senior Center. Commissioner Greenwood asked if parking has been discussed with the Joslyn Senior Center. Mr. Melloni deferred the question to the applicant. Commissioner DeLuna commented that an event could have up to 150 guests. She asked if the applicant is required to have a written contract with the Joslyn Senior Center because it is conceivable that the senior center could also have an event. Mr. Melloni answered that there would need to be a formal parking agreement between the applicant and the Joslyn Senior Center. If parking is not available, the event could not be held. Commissioner DeLuna asked if the parking agreement includes valet parking. Mr. Melloni replied that the agreement could include valet, and the applicant would need to apply for a valet parking permit through the City. Commissioner DeLuna commented that she envisions 100 cars in a residential neighborhood for an event. She believed to have valet parking would simplify parking. Mr. Stendell agreed that valet parking could be a solution to a parking problem. Chair Gregory declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. CHRISTIAN STAYNER, Applicant/Architect, Los Angeles, California, noted that his father and architect Gilbert Stayner and project manager John Going are also present. He mentioned his family was the successful bidder of the property, auctioned by the Successor Agency to the Palm Desert Redevelopment Agency. They became owners of the property in October 2018, and they committed to restoring the house as thoughtfully as possible. He mentioned that the house had been vacant for the past decade and was in bad shape. He displayed photos to show their commitment to bringing the house back to life. He disclosed they are making significant headway restoring the 800-square-foot house, which they are doing per the National Park Service Secretary of the Interior's Standards. Mr. Stayner said they are adding two dwelling units because the house is too small. He briefly mentioned the interest from community members in this project and their family's interest in sharing the house with the Palm Desert community and beyond. Therefore, they would proactively manage the house with a vehicle, such as a CUP, so there are procedures in place. Approving the CUP would provide an asset for Palm Desert 4 MINUTES PALM DESERT PLANNING COMMISSION JUNE 18, 2019 and its residents, the project reflects the goals set forth in the City's General Plan, and contributes to the revitalization of San Pablo Avenue. He mentioned that the house is unlike any other, and the property was placed on the City's Landmark list, as well as on the State and Federal listings of historical sites. He also mentioned that they entered into a 10-year Mills Act Contract with the City to ensure the long-term preservation of the home. However, on May 23, 2019, the City Council approved expanding the contract an additional 15 years for a total of 25 years. He summarized some of the improvements they would do to the house and grounds. Lastly, he stated that the Community Development Department developed extensive conditions to ensure compatibility with the surrounding properties. The CUP would establish rigorous requirements that other projects in the overlay would need to meet. He sees the CUP as a model for other cities to look to when faced with developers who would rather tear down a structure like the "Wave House" than do a restoration. He thanked the Planning Commission for their time and consideration. Before an event, Commissioner DeLuna asked the applicant if a parking agreement would be in place with the Joslyn Senior Center. She had a concern if there is an event at the house and at the senior center for the same day and time, and parking would not be available. MR. STAYNER responded that they have spoken with the executive director of the Joslyn Senior Center, Mr. Jack Newby. He communicated that Mr. Newby was in favor of the project and offered the use of the senior center's parking lot. Additionally, they surveyed the area for available parking; privately and publicly owned. Fortunately,they found a couple of places that they hope to establish one or more parking agreements. Commissioner DeLuna made clear that the applicant agreed to have a parking agreement in place with the Joslyn Senior Center before an event. She asked the applicant about valet parking. MR. STAYNER said they are open to having valet parking if allowed by the City. Commissioner DeLuna commented that having 100 or more cars for an event could cause congestion in the area, and the nearby residents are entitled to quiet enjoyment of the neighborhood. She asked if there would be live music, a band, or what type of music. MR. STAYNER responded that they discussed music with Community Development staff. He said they are willing to not having amplified music. Commissioner DeLuna asked the applicant if they are willing to abide by the Noise Ordinance and have sound reduced at 10:00 p.m. MR. STAYNER answered that they proposed having the music turned off by 10:00 p.m. Commissioner DeLuna noted that they are doing a great job with the restoration. Regarding STRs, she asked the applicant how many cars would park on the property for overnight stays. MR. STAYNER explained that there is a house on the property, and they requested to add two units. They agree to limit each unit to two persons; totaling six persons on the property. Per the code, he understood four parking spaces are required, and they have provided three parking spaces. Therefore, they added more than the requirement. 5 MINUTES PALM DESERT PLANNING COMMISSION JUNE 18, 2019 Commissioner Greenwood inquired what type of events would be held on the property. MR. STAYNER communicated that they have been very careful about restoring the house, and they plan to buy appropriate and expensive furniture for the house. They thought of having people experience the house would be through corporate meetings, gatherings, and small wedding events. He mentioned that the City asked if they were willing to offer a monthly tour of the house. Commissioner Greenwood asked if the STRs are limited to one-night stays. MR. STAYNER replied that they might have a minimum of two nights. Regarding the architecture, Commissioner Greenwood asked the applicant if they foresee any changes that would take away from the simple and clean lines shown on the schematics. He said he wants to make sure what they are looking at is what would be developed. MR. STAYNER noted that the drawings are several months old. However,the drawings have not been superseded by changes as they develop the site plan, utility plan, and construction details. Commissioner DeLuna inquired if they are going to insulate the wave roof from the heat of the sun. MR. STAYNER responded that they were able to hide six inches of foam insulation on top and tapering it to the edge at the front. MR. GILBERT STAYNER, Applicant/Architect, Los Angeles, California, shared that the purpose for the STRs is to build an endowment to cover some of the massive costs to restore the property and to maintain the home over the years. Commissioner DeLuna asked if anyone would live in the house. MR. G. STAYNER said no. They own the property but want to share it with the community. He reiterated that they need the income from the STRs to help with costs to maintain the home. Chair Gregory asked staff if the STR restrictions apply to the proposed use, as they dealt with STRs in the past. Mr. Stendell replied yes. Chair Gregory asked if it is correct that there would not be amplified music and music would be turned off at its entirety at 10:00 p.m. The applicant replied yes. Chair Gregory understood that valet parking is an option. He asked the applicant if they considered a shuttle, so they are not inflicting other people on the street with hundreds of cars going back and forth. 6 MINUTES PALM DESERT PLANNING COMMISSION JUNE 18, 2019 MR. STAYER responded that they discussed using shuttles with City staff. For big events, they are to meet with staff and arrange for parking and shuttle service. Commissioner Pradetto pointed out that Condition of Approval No. 14 states that off-site parking has to be within 900 feet of the venue and he asked why. Mr. Melloni responded that staff could modify the condition. Mr. Stendell asked Mr. Melloni if there is a reason for the 900 feet. Mr. Melloni replied that the 900 feet came from looking at previous CUP approvals, which they had off-site parking limited to be within 300 feet. He stated it is not vital to have immediate access to parking. Commissioner Pradetto asked what the purpose of putting a distance limit to parking is. Mr. Melloni said there were special uses that did not have sufficient on-site parking. For example, in the 1990s, office buildings were permitted in a multi-family zone. Commissioner Greenwood commented that if good mechanisms are in place, such as valet parking or shuttle service, concerns could be easily mitigated. Mr. Melloni reaffirmed that the applicant could work with City staff regarding parking. MS. JANN BULLER, Palm Desert, California, noted that the Planning Commission has her detailed comments in their packets. She recommended the following changes to the CUP: 1) the CUP must be predicated and conditioned on City Council's direction to City staff to define a Historic Preservation Overlay District, which would then be applied to the site; 2) the use of the dwelling units for STRs should be clarified, specifically, whether or not the units could be rented independently of particular events; 3) the CUP should be modified to explicitly require compliance with Chapter 5.10 of the Palm Desert Municipal Code (PDMC); 4) Condition of Approval No. 12A needs to conform with Chapter 5.10 and the Noise Ordinance. It should be clarified with respect to complaint reporting and use of the phrase persons of normal sensitivity; 5) Condition of Approval No 17, the total number of attendees should be reduced; and 6) within 12 to 18 months, staff should review property operations and report results to the City Council, with an opportunity for public comments and take the appropriate action. With no further testimony offered, Chair Gregory declared the public hearing closed. Commissioner DeLuna commented that the proposed project is a unique opportunity and a unique property. The applicant is doing a great job; she supports the project and wants it to be successful. However, given the frequency and the attendance of some of the events, there could be over 8,000 people a year. She stated residents in the area would be affected by noise and traffic. She suggested reducing the maximum number of attendees and hoped it could still be successful. Commissioner Pradetto asked Commissioner DeLuna what ideas she had to address her concerns. 7 MINUTES PALM DESERT PLANNING COMMISSION JUNE 18, 2019 Commissioner DeLuna recommended 75 to 100 people for the big events and less than 12 events per year. She also recommended two events per month for smaller events. Commissioner Pradetto commented that big events would cluster around the season, and not have many large events during the summer. Theoretically, the Planning Commission could recommend up to 75 people and no more than once a week for small events. He said that would put a cap, and the applicant would still have the ability to have overnight stays. He did not recommend limiting large events. He said 12 events per year sounds like a lot; however, the events would cluster around the season. Commissioner DeLuna interjected that there would still be many people going through a multi-family residential neighborhood. Chair Gregory commented that there would not be a great impact, in terms of traffic, if visitors were shuttled for large events. He said if the number of people were reduced to 100, it would also address Commissioner DeLuna's concern. He agreed with Commissioner Pradetto's comment that the large events would cluster around the season. Chair Gregory stated that he would like to open the public hearing again to ask the applicant a question. Chair Gregory declared the public hearing open. The Planning Commission asked the applicant to address the number of people for events. MR. C. STAYNER explained that they based the number of maximum occupants on the Arthur Newman Theatre, which is one parcel over and has 160 seats. When they have an event, they have more people going through the neighborhood. Therefore, they were being compatible with something that is already occurring within the neighborhood. He noted that he did not know how often events are held at the theatre. Commissioner DeLuna asked the applicant to envision an event with 150 people on their property, and the theatre has a big event on the same night. She voiced that is too many people in one night and in close proximity to one another. MR. C. STAYNER indicated that the use of the Joslyn Senior Center parking lot would be based on the center's event schedule. If the number was reduced to 100 people, Commissioner DeLuna asked the applicant if they could work with that number. MR. C. STAYNER responded that when they looked at finances, they felt having 100 to 150 people would help recover costs for the amenities they are providing on the property for events. Commissioner DeLuna inquired if there would be an event during the day and another event at night. MR. C. STAYNER replied no. 8 MINUTES PALM DESERT PLANNING COMMISSION JUNE 18, 2019 Commissioner Pradetto reiterated that one way to address frequency is to eliminate the small event category, a maximum of 75 people, and one or two events a week. Commissioner DeLuna asked the applicant how they felt if the Commission restricted the number of events to 52 per year. MR. C. STAYNER answered that they are amenable to the number of events per year. He said they proposed the smaller events to be consistent with what is allowed at other private homes. Commissioner Greenwood asked staff to elaborate on the Historic Preservation Overlay District. Additionally, he asked if the Commission would need to approve the overlay this evening or recommend to staff look into and develop. Mr. Melloni responded that the overlay did not need approval this evening from the Planning Commission. The request is to have staff initiate and develop a Zoning Ordinance Amendment. He explained that the amendment would go before the Planning Commission, Cultural Resources Preservation Committee, and the City Council for approval. Commissioner Greenwood asked if the direction to staff would need to be part of the motion. Mr. Melloni replied it would need to be by Minute Motion. Mr. Stendell interjected that the request is No. 2 under the recommendation of the staff report. Commissioner Pradetto inquired if the overlay is creating work for something that would not be used often. He asked what the purpose of the overlay relative to this case is. He asked if they are creating a template for something the City does not need to replicate often. Mr. Melloni responded that the intent of having the zoning overlay district is to limit a precedent throughout the City and not concentrated in areas where historic homes are located. However, the overlay would be in an area where it is compatible. Commissioner Pradetto remarked that compatibility would be determined through the CUP process. Due to the STR debate, Mr. Stendell communicated that there had to be a mechanism to ensure people a special circumstance was involved with the proposed use. He said the overlay might be used sporadically, but it paints a picture for people that have a concern with STRs. The overlay would give people comfort to know that this type of use would not occur all over Palm Desert. Commissioner DeLuna inquired if there is any other place in Palm Desert that would have a house with a historic preservation designation, and the homeowner would want to have a STR. 9 MINUTES PALM DESERT PLANNING COMMISSION JUNE 18, 2019 Mr. Stendell replied it is possible. He does not think this type of use would occur everywhere in the City. Commissioner Greenwood asked what the process is if there was a request to amend the CUP. Mr. Stendell responded that City staff or the applicant could initiate an amendment. The amendment would go before the Planning Commission for review and approval. With no further testimony offered, Chair Gregory declared the public hearing closed. Chair Gregory commented that he does not want to penalize the applicant. The applicant is doing something of phenomenal benefit to the City at a great expense. He noted that the applicant is not a large corporation and they need to recoup costs for the investment and maintenance. He said he is not sure if the Commission should require the applicant to have shuttle service so cars and noise do not have a negative impact on the neighborhood. He asked if it is necessary to diminish the maximum size of people the applicant proposed for events or the frequency. He noted that the applicant has already worked with City staff and the applicant would need a certain number of people for the project to be successful. He stated that the applicant was amenable to recommendations made by the Commission. Therefore, he feels more comfortable with respect to the impact on the neighborhood. Commissioner Pradetto said that he was persuaded when the applicant said, "it is not a normal house." After the presentation, he agreed. He said he was conflicted between the use, the impacts, and the project itself. He clarified that making a motion does not end the discussion, but it actually facilitates discussion. He moved for approval and amended Condition of Approval No. 14 to eliminate the space requirement for off-site parking. Commissioner DeLuna asked if the motion includes music must cease at 10:00 p.m. and no outdoor amplified music. If not, she asked Commissioner Pradetto if he would add it to the conditions as part of his motion. Commissioner Pradetto inquired if there is already a condition regarding no music at 10:00 p.m. Commissioner DeLuna remarked no. Mr. Stendell responded that the PDMC governs the time; however, the code does not include amplified music. Therefore, the Planning Commission must specify in the motion if they do not want to allow amplified music. Commissioner Pradetto clarified that his motion did not include a condition for amplified music because he does not see a problem with amplified music, if the applicant abides to the Noise Ordinance. Chair Gregory asked Commissioner Pradetto about the shuttle service. 10 MINUTES PALM DESERT PLANNING COMMISSION JUNE 18, 2019 Commissioner Pradetto believed shuttle service is included in the conditions of approval (No. 14); however, the applicant could decide how they want to handle parking. He does not believe the applicant would let their guests walk over a 1,000 feet. Commissioner DeLuna asked Commissioner Pradetto to restate his motion. Commissioner Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2758, approving Case Nos. PP 19-0001/CUP 19-0004; and amending Condition of Approval No. 14 to remove the distance requirement for off-site parking. Commissioner DeLuna asked if the conditions of approval include that the applicant must have a prearranged parking agreement with an off-site venue. Commissioner Pradetto replied that it is in Condition of Approval No. 14. Commissioner Greenwood asked if there is any benefit to specifying on Condition of Approval No. 18 that it is a total of six occupants instead of two occupants per dwelling. In addition to the motion stated above, Commissioner Pradetto amended Condition of Approval No. 18 to read as follows, "The maximum occupancy for overnight stays shall be no more than six persons. Commissioner DeLuna questioned why Commissioner Pradetto would not include a condition regarding amplified music. Commissioner Pradetto stated if people want to dance during a wedding at 7:00 p.m., he did not see why the City would need to prohibit the use of amplified music. Chair Gregory interjected that he did not like amplified music in a neighborhood. Commissioner Pradetto asked Chair Gregory what is his definition of amplified music. Chair Gregory replied electronic means of making music louder. Commissioner Pradetto clarified that an electric guitar or bass is not allowed. However, they could have string instruments and a tuba. Chair Gregory replied yes. Commissioner Pradetto stated his motion is on the table and could fail if the motion is not seconded. Chair Gregory asked Commissioner Pradetto if he is not addressing amplified music. Commissioner Pradetto replied that he addressed amplified music, but it is not part of his motion. Chair Gregory asked if there is a second to the motion. 11 MINUTES PALM DESERT PLANNING COMMISSION JUNE 18, 2019 The motion died for a lack of a second. Commissioner DeLuna moved to waive further reading and 1) Adopt Planning Commission Resolution No. 2758, approving Case Nos. PP 19-0001/CUP 19-0004 and adopt a Notice of Exemption in accordance with CEQA, subject to the conditions of approval as amended with removing the distance requirement for off-site parking, amending Condition of Approval No. 18 to read as follows, "The maximum occupancy for overnight stays shall be no more than six persons," and adding a condition prohibiting amplified music outdoors; 2) by Minute Motion, staff to prepare a Historic Preservation Overlay District to be retroactively applied to this property. Commissioner Greenwood asked what the Noise Ordinance dictates with respect to playing music in the backyard. For example, he is at his home and has a speaker out listening to music. Mr. Melloni explained that the Noise Ordinance addresses decibel limits; however, the ordinance does not specify a source of the noise. Commissioner DeLuna interjected that if someone is having an occasional party in their backyard is different from an event venue that is designed to have people constantly. Commissioner Greenwood pointed out that there are different levels of noise. He said there could be speakers at a corporate meeting event, or they may need to show a video that would need a speaker. Chair Gregory remarked that they are referring to music. Commissioner Pradetto shared that he is going to be the first client and is going to have a marching band. He voiced that the Noise Ordinance is a system to set a limit to noise, and the City allows people to figure out how to mitigate the noise. He said they are now approaching a goal, so he asked if the Planning Commission should shortcut the system with a goal, which is no amplified music. Chair Gregory stated that the venue would have repetitive events in a neighborhood. Commissioner Pradetto interjected that the venue is designed to mitigate noise in many ways. Chair Gregory commented that shrubbery would not help mitigate noise. He said the placement of buildings would help. Commissioner DeLuna believed that the applicant agreed to not having amplified music. Commissioner DeLuna's motion was seconded by Commissioner Greenwood and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: Holt). The Planning Commission thanked the applicant. It is a beautiful project. 12 MINUTES PALM DESERT PLANNING COMMISSION JUNE 18, 2019 XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None XIII. COMMENTS Commissioner Greenwood asked when construction would begin on San Pablo Avenue. Mr. Ceja responded that construction equipment would start mobilizing on July 1, and the actual construction beginning July 8. He noted that one side of San Pablo Avenue would be open at all times. City Attorney Robert Hargreaves introduced Craig Hayes, an Associate with Best Best & Krieger, who will be working with the Planning Department and the Planning Commission. XIV. ADJOURNMENT With the Planning Commission concurrence, Chair Gregory adjourned the meeting at 7:25 p.m. RON GREGORY, CH ATTEST: r 110ow— RYAN STENDELL, SECRETARY MONICA O'REILLY, RECOR G SECRETARY 13