Video index
CALL TO ORDER:
Chair Klatchko called the meeting to order at 1:32 pm.
ROLL CALL:
Roll Call: 6 members present, 1 members absent, 0 members excused.
REPORT OF POSTING OF AGENDA: The agenda was posted at the City Hall exterior bulletin board (west side of Council Chamber) and the Planning Services counter by 6:00 pm on Thursday, February 18, 2016.
ACCEPTANCE OF THE AGENDA:
Commissioner Donenfeld disclosed he is on the Advisory Board for the Neigborhood Association for Item 2A and in the abundance of caution he will be abstaining from participation and voting on this project.
The agenda was accepted.
PUBLIC COMMENTS:
Chair Klatchko opened public comments and with no appearances coming forward public comments was closed.
1. CONSENT CALENDAR:
1A. APPROVAL OF MINUTES: FEBRUARY 10, 2016 STUDY SESSION AND REGULAR MEETING MINUTES
Motion to approve Approve, as presented. Moved by Commissioner Calerdine, seconded by Commissioner Donenfeld.
Vote to approve Approve, as presented. (Approved)
2. PUBLIC HEARINGS:
Commissioner Donenfeld left the Council Chamber at 1:35 pm
2A. SUSAN THABIT, REQUESTING A CONDITIONAL USE PERMIT FOR THE PLACEMENT OF FIVE (5) TENNIS COURT LIGHT POLES AT A MAXIMUM HEIGHT OF TWELVE (12) FEET LOCATED AT 790 NORTH MISSION ROAD, ZONE R-1-A (CASE 5.1385 CUP). (GM)
Associate Planner Mlaker provided background information for the proposed tennis court lights as outlined in the staff report.
The Commission commented and/or asked technical questions pertaining to:
-Verified the adjacent house has tennis court lights and height of poles.
-The process to address code enforcement complaints.
-Verification of rear and side-yard setbacks.
-Light spillover.
Chair Klatchko opened the public hearing:
ROB PARKER, RGA Landscape Architects, applicant, requested four (4) light fixtures at 12 feet and are in agreement with all of the other AAC recommendations.
PRESCOTT GRIFFITH, property owner on the same block, said that he does not see the direct impact of the lights but the adjacent property is affected and anything over 10 feet will impact them. He expressed concern with setting a precedence in this neighborhood.
JOHN WILLIAMS, Old Las Palmas Neighborhood Association, chair, on behalf of the Board they are requesting a continuance to allow all the neighbors to attend and allow the applicant to address some of their issues.
ROB PARKER, applicant rebuttal, commented about the existing tennis court lights on the adjacent house.
There being no further speakers the public hearing was closed.
Commissioner Middleton asked technical questions pertaining to:
-What is the height of the landscape hedging?
-Verify the light glare does not spillover onto other properties?
-Verification that hedges reach mature size of 12' before turning on lights.
The Commission asked for clarification on:
-Is the tennis court lighting for adjacent property owner in violation? Any complaints?
-Were the neighbors given notice?
Motion to approve Approve with Conditions subject to:
-The applicant shall return for review in 6 months.
-Validate if the light oversprays onto adjoining properties.
-The lights not be allowed to be turned on until the hedge reaches 12 feet and is filled in the south and east side.
-The automatic timer has a motion detector.
-Automatic timer is locked.
-Four 12 foot light poles.
-Include the AAC recommendations. Moved by Commissioner Middleton, seconded by Commissioner Lowe.
Commissioner Calerdine noted the reflective light from the tennis court would make it difficult for not light to reach the neighbor's proeprty and suggested adding the verbage "direct" light.
Commissioner Lowe noted his preference to continue this project to allow more feedback from the neighbors and this this has existed for a significant amount of time.
Commissioner Hirschbein and Chair Klatchko spoke in favor of continuance for this project.
COMMISSIONER MIDDLETON withdrew her motion.
Motion to approve
Continue to a date certain of March 9, 2016.
Moved by Commissioner Lowe, seconded by Commissioner Calerdine.
Vote to approve
Continue to a date certain of March 9, 2016.
(Approved)
Commissioner Donenfeld re-entered the Council Chamber at 2:16 pm.
2B. JACQUELINE BECKER, OWNER REQUESTING A VARIANCE FOR THE CONVERSION OF A GARAGE TO LIVING SPACE; THE CONSTRUCTION OF A CARPORT WITHIN THE SIDE YARD SETBACK AND THE ADDITION OF A SECOND STORY TO AN ACCESSORY STRUCTURE LOCATED AT 295 EAST PALO VERDE AVENUE (CASE NO. 6.546). (GM)
Associate Planner Mlaker presented the proposed variance as outlined in the staff report.
Commissioner Middleton disclosed that she lives in this neighborhood approximately a 1 1/2 blocks away of this property. She noted that the neighborhood association did not discuss this matter or take any position and noted after consultation with Mr. Daudt it was concluded that there is no conflict.
The Commission requested clarification and/or commented on:
-The administrative process for this review of the Variance.
-How this project came forward for review.
-Timeline history on the initial house construction and reconstruction after the fire.
-Appropriate permits were taken 1982 to reconstruct the house.
Chair Klatchko opened the public hearing:
JACQUELINE BECKER, applicant, said she inherited the property and was not aware there was no permit on the storage until last year. She provided details on the original house and the new construction .
FRANCES SWICK, adjacent property owner, said the structure is tall and is three feet from the property line; spoke in opposition of the variance.
JACQUELINE BECKER, said the carport is existing and the place is very quiet; she said the height of the structure 16 feet.
There being no further speakers the public hearing was closed.
Commissioner Middleton noted that she has difficulty in approving the variance with regard to the second story; it was completed without a permit and has an impact on the neighbors. She stated that she does not have an issue with the setback because the garage was existing.
Commissioner Middleton clarified that she believes this conversion is inappropriate with the second story. She appreciates the good work of the homeowner but believes that it should be returned to a garage space.
Commissioner Lowe concurred and believes the apartment needs to be returned to its original purpose of a garage without a carport and second floor.
Commissioner Hirschbein's noted his main concern is to not allow it to continue as a habitable space.
Commissioner Donenfeld questioned meeting the first finding by allowing the existing carport.
Commissioner Calerdine thinks the special circumstances of the narrow width of the lot and the fact that the carport needs to be in front of the existing garage the are no other options on this site.
Motion to approve Denial. Moved by Commissioner Middleton, seconded by Commissioner Lowe.
Vote to approve Denial. (Approved)
3. NEW BUSINESS:
3A. PINNACLE VIEW, LLC, OWNER, FOR CONSTRUCTION OF A GATEHOUSE COMPLEX AT THE MAIN ENTRANCE TO THE DESERT
PALISADES RESIDENTIAL DEVELOPMENT LOCATED AT 1110 WEST RACQUET CLUB ROAD, ZONE ESA-SP, PLANNING AREA 4, DESERT PALISADES SPECIFIC PLAN (DPSP) (CASE 3.3924 MAJ). (KL)
Associate Planner Lyon presented the proposed gatehouse at Desert Palisades development.
Commissioner Donenfeld thinks it's a great project with AAC conditions.
Chair Klatchko questioned if the applicant is willing to comply with the AAC's recommendation pertaining to the concrete blending in with the pavers.
ED FREEMAN, owner, explained that the throughout the project the curbs are flushed with the pavers except for three locations. Mr. Freeman said he prefers the flush designs but is willing to go by the Engineering Dept's recommendation.
SEAN LOCKYER, project architect, provided details pertaining to the size of the entry and exit points, a water fountain for the structure at the trailhead and the "eternal flame" fire feature. He indicated that they do not want to extend the overhang further on the boulder to give trucks clearance.
Discussion occurred on the construction gate for this project.
DD - cantelever not extend past the boulder. no extension - sbuejct to Enginer dept.
Motion to approve Approve with conditions; and subject to the AAC's recommendations as follows:
1. Consider rolled curb or colored concrete to blend better with the precast pavers subject to approval by the Engineering Dept.
2. Consider further protection of the proposed fire feature from wind.
3. Provide more detail on the bike storage structure and add a drinking fountain.
4. Subcommittee to (Song, Secoy-Jensen, Fauber) to review the fire feature detail.
except upon approval of curb by engineering dept. Moved by Commissioner Donenfeld, seconded by Commissioner Lowe.
Vote to approve Approve with conditions; and subject to the AAC's recommendations as follows:
1. Consider rolled curb or colored concrete to blend better with the precast pavers subject to approval by the Engineering Dept.
2. Consider further protection of the proposed fire feature from wind.
3. Provide more detail on the bike storage structure and add a drinking fountain.
4. Subcommittee to (Song, Secoy-Jensen, Fauber) to review the fire feature detail.
except upon approval of curb by engineering dept. (Approved)
3B. DANIEL DORADO, APPLICANT, FOR A LAND USE PERMIT TO ALLOW TEMPORARY AUTOMOBILE SALES IN AN EXISTING RETAIL PARKING LOT AT 5601 EAST RAMON ROAD, ZONE M-1 (CASE NO. 16-016 LUP). (FF)
Planning Department Fagg presented the proposed request to allow temporary automobile sales as outlined in the staff report.
The Commission requested clarification and/or commented on:
-Could the context of this prohibition be referring to individual owners selling used cars opposed to a car dealer on the lot?
-McCormick Classic cars sales is allowed - what is the zoning?
-Licensed dealers sell used cars on their lots and would be open for an allowance for a small percentage of used car sales in conjuction with a much larger percentage of new car sales.
-Prohiting used cars as opposed to new cars.
DAN DORADO, applicant, provided details on the type of automobiles - "certified pre-owned" vehicles and taxation. He indicated approval has been received from Wal-Mart - all permits are taken out.
Commissioner Donenfeld noted the site has a CUP that states prohition of used cars and spoke in opposition of the proposed request.
Commissioner Calerdine noted that used car sales are excluded and new car sales are not mentioned.
Planning Director Fagg explained the Commission's role is to make a determination if this use is permissible for this site.
Commissioner Middleton questioned what the process is to modify the conditions of approval that were granted for this property in 2004.
Commissioner Donenfeld noted that the underlying ordinance is the M-1 zone and the CUP expands use the beyond the code and should be read narrowly.
ALENE TABER, certified land use planner and attorney specializing in land development, stated that the CUP alters the underlying zoning and the Commission has the opportunity to do an interpretion.
Commissioner Hirschbein asked the applicant if they would be willing to restrict this to new car sales.
Commissioner Middleton noted that this event is tentatively scheduled for June 16th - 19th which provides time for the applicant to come back to ask for an amendment on the CUP.
Motion to approve Denial. Moved by Commissioner Donenfeld, seconded by Chair Klatchko.
Vote to approve Denial. (Approved)
4. OTHER BUSINESS:
4A. ELECTION OF VICE-CHAIR
Chair Klatchko opened the nominations for Vice-Chair.
Commissioner Lowe nominated Commissioner Calerdine.
Commissioner Middleton seconded the nomination.
No other nominations were made.
By acclamation Commissioner Calerdine was nominated as Vice-Chair.
PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:
The Commission commented on:
-Commissioner Middleton volunteered as a representive of the Planning Commission for "The Green Program" through the Sustainability Commission.
-The upcoming study session on the Serena Park.
-Status of the Cameron project.
PLANNING DIRECTOR'S REPORT:
Planning Director Fagg reviewed the changes for the the Museum Market Plaza Specific Plaza as discussed by the City Council. Mr. Fagg provided an update on the number of applications processed by the Planning Department.
ADJOURNMENT:
There being no further comment the Planning Commission meeting adjourned at 4:07 pm to 1:30 pm, Wednesday, March 9, 2016, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way.
Feb 24, 2016 Planning Commission
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Full agenda
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CALL TO ORDER:
Chair Klatchko called the meeting to order at 1:32 pm.
ROLL CALL:
Roll Call: 6 members present, 1 members absent, 0 members excused.
REPORT OF POSTING OF AGENDA: The agenda was posted at the City Hall exterior bulletin board (west side of Council Chamber) and the Planning Services counter by 6:00 pm on Thursday, February 18, 2016.
ACCEPTANCE OF THE AGENDA:
Commissioner Donenfeld disclosed he is on the Advisory Board for the Neigborhood Association for Item 2A and in the abundance of caution he will be abstaining from participation and voting on this project.
The agenda was accepted.
PUBLIC COMMENTS:
Chair Klatchko opened public comments and with no appearances coming forward public comments was closed.
1. CONSENT CALENDAR:
1A. APPROVAL OF MINUTES: FEBRUARY 10, 2016 STUDY SESSION AND REGULAR MEETING MINUTES
Motion to approve Approve, as presented. Moved by Commissioner Calerdine, seconded by Commissioner Donenfeld.
Vote to approve Approve, as presented. (Approved)
2. PUBLIC HEARINGS:
Commissioner Donenfeld left the Council Chamber at 1:35 pm
2A. SUSAN THABIT, REQUESTING A CONDITIONAL USE PERMIT FOR THE PLACEMENT OF FIVE (5) TENNIS COURT LIGHT POLES AT A MAXIMUM HEIGHT OF TWELVE (12) FEET LOCATED AT 790 NORTH MISSION ROAD, ZONE R-1-A (CASE 5.1385 CUP). (GM)
Associate Planner Mlaker provided background information for the proposed tennis court lights as outlined in the staff report.
The Commission commented and/or asked technical questions pertaining to:
-Verified the adjacent house has tennis court lights and height of poles.
-The process to address code enforcement complaints.
-Verification of rear and side-yard setbacks.
-Light spillover.
Chair Klatchko opened the public hearing:
ROB PARKER, RGA Landscape Architects, applicant, requested four (4) light fixtures at 12 feet and are in agreement with all of the other AAC recommendations.
PRESCOTT GRIFFITH, property owner on the same block, said that he does not see the direct impact of the lights but the adjacent property is affected and anything over 10 feet will impact them. He expressed concern with setting a precedence in this neighborhood.
JOHN WILLIAMS, Old Las Palmas Neighborhood Association, chair, on behalf of the Board they are requesting a continuance to allow all the neighbors to attend and allow the applicant to address some of their issues.
ROB PARKER, applicant rebuttal, commented about the existing tennis court lights on the adjacent house.
There being no further speakers the public hearing was closed.
Commissioner Middleton asked technical questions pertaining to:
-What is the height of the landscape hedging?
-Verify the light glare does not spillover onto other properties?
-Verification that hedges reach mature size of 12' before turning on lights.
The Commission asked for clarification on:
-Is the tennis court lighting for adjacent property owner in violation? Any complaints?
-Were the neighbors given notice?
Motion to approve Approve with Conditions subject to:
-The applicant shall return for review in 6 months.
-Validate if the light oversprays onto adjoining properties.
-The lights not be allowed to be turned on until the hedge reaches 12 feet and is filled in the south and east side.
-The automatic timer has a motion detector.
-Automatic timer is locked.
-Four 12 foot light poles.
-Include the AAC recommendations. Moved by Commissioner Middleton, seconded by Commissioner Lowe.
Commissioner Calerdine noted the reflective light from the tennis court would make it difficult for not light to reach the neighbor's proeprty and suggested adding the verbage "direct" light.
Commissioner Lowe noted his preference to continue this project to allow more feedback from the neighbors and this this has existed for a significant amount of time.
Commissioner Hirschbein and Chair Klatchko spoke in favor of continuance for this project.
COMMISSIONER MIDDLETON withdrew her motion.
Motion to approve
Continue to a date certain of March 9, 2016.
Moved by Commissioner Lowe, seconded by Commissioner Calerdine.
Vote to approve
Continue to a date certain of March 9, 2016.
(Approved)
Commissioner Donenfeld re-entered the Council Chamber at 2:16 pm.
2B. JACQUELINE BECKER, OWNER REQUESTING A VARIANCE FOR THE CONVERSION OF A GARAGE TO LIVING SPACE; THE CONSTRUCTION OF A CARPORT WITHIN THE SIDE YARD SETBACK AND THE ADDITION OF A SECOND STORY TO AN ACCESSORY STRUCTURE LOCATED AT 295 EAST PALO VERDE AVENUE (CASE NO. 6.546). (GM)
Associate Planner Mlaker presented the proposed variance as outlined in the staff report.
Commissioner Middleton disclosed that she lives in this neighborhood approximately a 1 1/2 blocks away of this property. She noted that the neighborhood association did not discuss this matter or take any position and noted after consultation with Mr. Daudt it was concluded that there is no conflict.
The Commission requested clarification and/or commented on:
-The administrative process for this review of the Variance.
-How this project came forward for review.
-Timeline history on the initial house construction and reconstruction after the fire.
-Appropriate permits were taken 1982 to reconstruct the house.
Chair Klatchko opened the public hearing:
JACQUELINE BECKER, applicant, said she inherited the property and was not aware there was no permit on the storage until last year. She provided details on the original house and the new construction .
FRANCES SWICK, adjacent property owner, said the structure is tall and is three feet from the property line; spoke in opposition of the variance.
JACQUELINE BECKER, said the carport is existing and the place is very quiet; she said the height of the structure 16 feet.
There being no further speakers the public hearing was closed.
Commissioner Middleton noted that she has difficulty in approving the variance with regard to the second story; it was completed without a permit and has an impact on the neighbors. She stated that she does not have an issue with the setback because the garage was existing.
Commissioner Middleton clarified that she believes this conversion is inappropriate with the second story. She appreciates the good work of the homeowner but believes that it should be returned to a garage space.
Commissioner Lowe concurred and believes the apartment needs to be returned to its original purpose of a garage without a carport and second floor.
Commissioner Hirschbein's noted his main concern is to not allow it to continue as a habitable space.
Commissioner Donenfeld questioned meeting the first finding by allowing the existing carport.
Commissioner Calerdine thinks the special circumstances of the narrow width of the lot and the fact that the carport needs to be in front of the existing garage the are no other options on this site.
Motion to approve Denial. Moved by Commissioner Middleton, seconded by Commissioner Lowe.
Vote to approve Denial. (Approved)
3. NEW BUSINESS:
3A. PINNACLE VIEW, LLC, OWNER, FOR CONSTRUCTION OF A GATEHOUSE COMPLEX AT THE MAIN ENTRANCE TO THE DESERT
PALISADES RESIDENTIAL DEVELOPMENT LOCATED AT 1110 WEST RACQUET CLUB ROAD, ZONE ESA-SP, PLANNING AREA 4, DESERT PALISADES SPECIFIC PLAN (DPSP) (CASE 3.3924 MAJ). (KL)
Associate Planner Lyon presented the proposed gatehouse at Desert Palisades development.
Commissioner Donenfeld thinks it's a great project with AAC conditions.
Chair Klatchko questioned if the applicant is willing to comply with the AAC's recommendation pertaining to the concrete blending in with the pavers.
ED FREEMAN, owner, explained that the throughout the project the curbs are flushed with the pavers except for three locations. Mr. Freeman said he prefers the flush designs but is willing to go by the Engineering Dept's recommendation.
SEAN LOCKYER, project architect, provided details pertaining to the size of the entry and exit points, a water fountain for the structure at the trailhead and the "eternal flame" fire feature. He indicated that they do not want to extend the overhang further on the boulder to give trucks clearance.
Discussion occurred on the construction gate for this project.
DD - cantelever not extend past the boulder. no extension - sbuejct to Enginer dept.
Motion to approve Approve with conditions; and subject to the AAC's recommendations as follows:
1. Consider rolled curb or colored concrete to blend better with the precast pavers subject to approval by the Engineering Dept.
2. Consider further protection of the proposed fire feature from wind.
3. Provide more detail on the bike storage structure and add a drinking fountain.
4. Subcommittee to (Song, Secoy-Jensen, Fauber) to review the fire feature detail.
except upon approval of curb by engineering dept. Moved by Commissioner Donenfeld, seconded by Commissioner Lowe.
Vote to approve Approve with conditions; and subject to the AAC's recommendations as follows:
1. Consider rolled curb or colored concrete to blend better with the precast pavers subject to approval by the Engineering Dept.
2. Consider further protection of the proposed fire feature from wind.
3. Provide more detail on the bike storage structure and add a drinking fountain.
4. Subcommittee to (Song, Secoy-Jensen, Fauber) to review the fire feature detail.
except upon approval of curb by engineering dept. (Approved)
3B. DANIEL DORADO, APPLICANT, FOR A LAND USE PERMIT TO ALLOW TEMPORARY AUTOMOBILE SALES IN AN EXISTING RETAIL PARKING LOT AT 5601 EAST RAMON ROAD, ZONE M-1 (CASE NO. 16-016 LUP). (FF)
Planning Department Fagg presented the proposed request to allow temporary automobile sales as outlined in the staff report.
The Commission requested clarification and/or commented on:
-Could the context of this prohibition be referring to individual owners selling used cars opposed to a car dealer on the lot?
-McCormick Classic cars sales is allowed - what is the zoning?
-Licensed dealers sell used cars on their lots and would be open for an allowance for a small percentage of used car sales in conjuction with a much larger percentage of new car sales.
-Prohiting used cars as opposed to new cars.
DAN DORADO, applicant, provided details on the type of automobiles - "certified pre-owned" vehicles and taxation. He indicated approval has been received from Wal-Mart - all permits are taken out.
Commissioner Donenfeld noted the site has a CUP that states prohition of used cars and spoke in opposition of the proposed request.
Commissioner Calerdine noted that used car sales are excluded and new car sales are not mentioned.
Planning Director Fagg explained the Commission's role is to make a determination if this use is permissible for this site.
Commissioner Middleton questioned what the process is to modify the conditions of approval that were granted for this property in 2004.
Commissioner Donenfeld noted that the underlying ordinance is the M-1 zone and the CUP expands use the beyond the code and should be read narrowly.
ALENE TABER, certified land use planner and attorney specializing in land development, stated that the CUP alters the underlying zoning and the Commission has the opportunity to do an interpretion.
Commissioner Hirschbein asked the applicant if they would be willing to restrict this to new car sales.
Commissioner Middleton noted that this event is tentatively scheduled for June 16th - 19th which provides time for the applicant to come back to ask for an amendment on the CUP.
Motion to approve Denial. Moved by Commissioner Donenfeld, seconded by Chair Klatchko.
Vote to approve Denial. (Approved)
4. OTHER BUSINESS:
4A. ELECTION OF VICE-CHAIR
Chair Klatchko opened the nominations for Vice-Chair.
Commissioner Lowe nominated Commissioner Calerdine.
Commissioner Middleton seconded the nomination.
No other nominations were made.
By acclamation Commissioner Calerdine was nominated as Vice-Chair.
PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:
The Commission commented on:
-Commissioner Middleton volunteered as a representive of the Planning Commission for "The Green Program" through the Sustainability Commission.
-The upcoming study session on the Serena Park.
-Status of the Cameron project.
PLANNING DIRECTOR'S REPORT:
Planning Director Fagg reviewed the changes for the the Museum Market Plaza Specific Plaza as discussed by the City Council. Mr. Fagg provided an update on the number of applications processed by the Planning Department.
ADJOURNMENT:
There being no further comment the Planning Commission meeting adjourned at 4:07 pm to 1:30 pm, Wednesday, March 9, 2016, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way.
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