CITY OF PALM DESERT. APPROVAL OF ADJOURNED REGULAR MEETING MINUTES: November 12, 2008

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CITY OF PALM DESERT MINUTES November 25, 2008 I. CALL TO ORDER The meeting was called to order at 12:30 p.m. II. ROLL CALL Commissioners Current Meeting Year to Date Present Absent Present Absent Ronald Gregory, Chairman X 18 4 Kristi Hanson X 16 6 Chris Van Vliet X 22 John Vuksic X 20 2 Karel Lambell X 20 2 Nancy DeLuna X 20 2 Pam Touschner X 11 2 Also Present Lauri Aylaian, Director Tony Bagato, Principal Planner Renee Schrader, Associate Planner Spencer Knight, Landscape Manager Hart Ponder, Manager Code Compliance Russell Grance, Director, Building and Safety Christina Canales, Public Works Janine Judy, Senior Office Assistant III. APPROVAL OF ADJOURNED REGULAR MEETING MINUTES: November 12, 2008 Action: It was moved by Commissioner Van Vliet, seconded by Commissioner DeLuna, to approve the November 12, 2008 meeting minutes. Motion carried 7-0. APPROVAL OF AMENDED MEETING MINUTES: OCTOBER 14, 2008: Action: It was moved by Commissioner Vuksic, seconded by Commissioner Hanson, to approve the October 14, 2008 meeting minutes as amended. Motion carried 6-0-0-1, with Commissioner Touschner absent.

IV. ORAL COMMUNICATIONS V. CASES: A. Final Drawings: 1. CASE NO: CUP 07-17, PP 07-15 APPLICANT (AND ADDRESS): THE ROBERT L. MAYER TRUST OF 1982, 660 Newport Center Dr. #1050, Newport Beach, CA 92660 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of a senior community care and healthcare facility: Oakmont Senior Living, aka Segovia. LOCATION: 73-050 Country Club Drive ZONE: PR-7 ACTION: It was moved by Commissioner Hanson and seconded by Commissioner Vuksic to grant approval by minute motion of architecture plans subject to landscaping and grading reviewed by staff. Motion carried 6-0-0-1, with Commissioner Gregory abstaining. 2. CASE NO: MISC 08-453 APPLICANT (AND ADDRESS): BRAD HUGHES, P.O. Box 6713 Incline Village, NV 89450 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of paint color change; Tilted Kilt. LOCATION: 72-191 Highway 111 ZONE: P.C. (3) SP Mr. Bagato presented the project and stated that the applicant was painting without approval and received a stop work notice. G:\Planning\Janine Judy\Word Files\A Minutes\2008\AR081125.min.doc Page 2 of 9

Mr. Brad Hughes, property owner, presented photos of the project and read a letter from the president of the Tilted Kilt explaining how and why the colors were chosen. The Commission asked for details of where the two colors would be located. Commissioner Hanson made a motion for approval and Commissioner Lambell made the second. Commissioner Gregory indicated that it was open for discussion. Commissioner Vuksic stated that he liked the color but it was too much of one color. Commissioner Hanson stated that the trim would be green and Commissioner Vuksic said that he didn t know what they intended to paint green. He pointed out that the railings and detailing were all red. Mr. Bagato stated that he didn t have a problem with the color used as a secondary color, but not as a primary color. Commissioner Vuksic stated that it is a good color used in the right context in the right amount and stated again that everything was red even the rafters and sidings. Mr. Hughes stated that if the Commission approves this and they didn t like the finished product, he would repaint it. Commissioner DeLuna stated that it was too solid, too dark and too much of one color. Commissioner Gregory stated that there was a motion and a second to approve the paint colors with the understanding that the trim is still coming and that it will be green. He requested that the applicant bring in photos indicating where the trim will be located. Mr. Hughes pointed out where the trim would be located. Commissioner Hanson stated that the shopping center right next to this building was just repainted in a similar color. Commissioner DeLuna said that this was like a railroad car. Commissioner Hanson pointed out that the whole center was a railroad car. Commissioner Gregory called for a vote. Motion passed 4-3. Mr. Bagato stated that there is a fifteen day appeal period and informed Mr. Hughes that he would be painting at his own risk because Council may decide to call it up and change it. ACTION: It was moved by Commissioner Hanson and seconded by Commissioner Lambell to grant approval subject to: 1) submit photos of where the green trim will be located, and 2) reviewed by staff. Motion carried 4-3, with Commissioners Vuksic, DeLuna and Van Vliet voting NO. G:\Planning\Janine Judy\Word Files\A Minutes\2008\AR081125.min.doc Page 3 of 9

B. Preliminary Plans: 1. CASE NO: APPLICANT (AND ADDRESS): WEA PALM DESERT, LP, c/o Lisa Slaughter, Westfield, LLC, 11601 Wilshire Blvd., Suite 1100, Los Angeles, CA 90025. NATURE OF PROJECT/APPROVAL SOUGHT: Presentation and comments for future expansion of: Westfield Palm Desert. LOCATION: 72-810 Highway 111 ZONE: PC-3 Ms. Lisa Slaughter, Development Director of Westfield Corporation, stated that the discussion at this meeting would involve the perimeter landscaping, storefronts, LEED certification traffic circulation, shading, the parking garages and the theatre elevation. Ms. Betty Duffy, VP of Design, Westfield, discussed the main portal and shade structures. Commissioner Hanson expressed her concerns with the trellises being vertical and stated that unless the blades were angled there would be no shade. Ms. Duffy stated that they would be angled to be effective and explained that the detailing of these would be something that needs to be executed well. Commissioner Hanson stated that shade in the desert is more critical than shadow patterns. Ms. Duffy stated that they want to provide flexibility in the framework regarding the different tenants. Ms. Slaughter stated that from a LEED perspective they have to provide shade and it cannot just be ornamental, otherwise they would lose points. Ms. Duffy discussed differentiating the three entries and the way they represent the cinema and took the Commission comments on how to show that and provide flexibility. They corrected the elevation and created punched openings in the canopy that will provide some dazzling light on the ground on the Nordstrom s entry. Commissioner Hanson asked if there would be valet spots in the front. Ms. Duffy stated that there would be drop-offs instead of valet there because valets tend to get backed up and said that the valets are designated on the lower back side, which will now be the new front. Commissioner Hanson asked for them to consider providing skylights in some of the drop-off areas so it could be a dry G:\Planning\Janine Judy\Word Files\A Minutes\2008\AR081125.min.doc Page 4 of 9

area for the occasions when it does rain here in the desert. Ms. Slaughter indicated that they would take that into account. Ms. Duffy mentioned the existing screen on the north east perimeter and stated that the berm, the wall and the landscaping are all intact. They have worked closely with the landscape specialist to make sure they don t propose something that will disrupt that. Ms. Duffy stated that they will be touching two of the existing parking structures in order to make room for the major anchors in the back and mentioned that the expansion of the structures will need to be compatible with the current architectural statement. She mentioned that the new structure on the northeast side would have a solid wall on the east facing side to help mitigate lights, cars turning and any noise that might be an issue to the neighborhood. The Commission and the representatives discussed the height, grade and setbacks for the structures. Commissioner Vuksic asked about the trees on the east side. Mr. Randy Purnell, Landscape Architect, stated that there were oak trees and pine trees in that area. Commissioner Vuksic asked if the oak trees come out over the parking lot. Mr. Purnell answered that they come out slightly and that there was a good sized parkway along there from the parking lot to the property line. The Commission and the representatives discussed the canopy of the oak trees. Commissioner Vuksic asked Mr. Spencer Knight, Landscape Manager to make an assessment of the oaks near the new parking structure on the eastside. Commissioner Hanson asked what the setbacks were from the parking structure to the wall and Mr. Bagato replied that it was about 20 feet. The Commission and the representatives discussed the number of parking spaces and the access parking. Ms. Slaughter stated that they wanted to leave some flexibility because they are still negotiating with the existing department stores. The Commission discussed the grade of the northeast parking structure and Commissioner Touschner explained that the structure will be two decks above grade and is what will be up against the residential area. Ms. Duffy stated that it is grade, plus one, plus two and then it would step way back before the last parking level is added. She explained that are two reasons to do this. One is that there is a main road coming through that area that provides servicing on the back side so delivery trucks and fire trucks would need to get G:\Planning\Janine Judy\Word Files\A Minutes\2008\AR081125.min.doc Page 5 of 9

underneath the bridge that connects the structure to the mall entry. The second thing is that they are using that as a vertical circulation and the bridge will take you across to an anchor and into the mall. Commissioner Touschner asked what the parameters were for this meeting regarding approval. Mr. Bagato stated that Westfield was seeking preliminary approval of the architecture. Commissioner Touschner asked if the individual buildings would come back for approval. Mr. Bagato stated there could be a requirement to come back after entitlements of each one to look at them in detail. The parking structures usually don t come back for review. Commissioner Touschner stated that some of the buildings are just pads at the moment and are not designed and asked if those would come back. Mr. Bagato stated that this would be treated as a design guideline for the center and requires each individual tenant to come back for review. He stated that he would be dealing with the setbacks of the solid wall on the parking structure prior to Planning Commission. Commissioner Gregory asked if something of architectural interest would be placed on the massive wall facing the neighborhood. Ms. Duffy stated that it was fairly minimal at this point and as they continue to enhance the design they would design something for that wall. Mr. Bagato stated that they could add a condition of mitigation for that to come back after the entitlement stage or form a sub-committee to work with staff and Westfield on how to design some of the details before they submit the construction drawings. Commissioner Van Vliet felt that they were going in the wrong direction by trying to match the existing structures in order to be consistent. He expressed that the existing structures are not architecturally appealing at all. Ms. Duffy stated that they do have structures that basically match the existing height with one exception on the back area and said that they always prioritize where they put the money and precast, concrete and stone is not inexpensive. For the most part parking structures are very simple and the money goes into the project itself. Ms. Slaughter asked Commissioner Van Vliet for suggestions on how to enhance what is currently there. Commissioner Van Vliet stated that he wasn t an architect, but said that they were horizontal with too much concrete on them. Commissioner Touschner agreed that some of the best parking structures are actually the simplest ones and felt that it was about blending with the environment. She stated that they didn t need to add more expensive material they just needed to break up G:\Planning\Janine Judy\Word Files\A Minutes\2008\AR081125.min.doc Page 6 of 9

the hundreds of feet of horizontal into a much smaller human scale. Commissioner Vuksic felt it was important to change planes a little and get some shadow to pull it off. He stated that they have been sensitive about the massing; however he expressed his concerns with the tiering of the structures. Commissioner Touschner suggested submitting a photo of the new structures superimposed on the site. Commissioner Hanson was concerned with a couple of elevations and stated that it would be critical to how they will look. She pointed out that the structures are going to be significant and felt that it was important to break up those elevations and suggested creating a back drop for some incredible landscape element so that it becomes a focal aspect. Commissioner Gregory asked if they were making the upper deck a little more attractive. Ms. Duffy stated that they want to figure out an attractive shade structure. Commissioner Touschner stated that it would help to break down the massing. Commissioner Hanson recommended that they take a look at the shade structures at IntraWest. The Commission recommended other office buildings in the desert for review. Commissioner DeLuna asked about the cinema being ringed by restaurants. Ms. Duffy stated that the cinema operators incorporate a food function and until they have a working relationship with the cinema they are not sure where those open areas would be sighted. Commissioner Vuksic stated that during the working drawing stage the Commission will be looking at the different parapets, the return and the screening of the mechanicals and asked them to be sensitive to those things. The Commission reviewed and discussed the bridge that connects the mall to parking lot C. Commissioner Touschner stated that it has a potential to be great, but it also has the potential to backfire if not thought through. Commissioner Hanson stated that shade would be critical there. The Commission reviewed and discussed the lighting plans and was concerned with the amount of lighting and asked that the representatives be sensitive to the residents. Mr. Knight stated that the lighting plans will be reviewed. G:\Planning\Janine Judy\Word Files\A Minutes\2008\AR081125.min.doc Page 7 of 9

Commissioner Vuksic stated that the concept is a lot more outward as far as the storefronts and asked how the design guidelines would be set up for the tenants to insure that the smaller tenants meet a high standard. Ms. Slaughter stated once they have the guidelines, Westfield does a tenant criteria manual and each tenant would come before the ARC for approval. The Commission reviewed and discussed the trash enclosures, roof access and screening. Mr. Bagato stated that this project would be continued so they can bring back the details of the parking structures and address those details and everything could be approved at one time. Ms. Slaughter asked if it was possible if they could separate the parking structures from the overall project to keep the project moving forward because of timing issues. Mr. John McGam, local real estate broker and developer, asked what the highest point of the buildings would be. Ms. Slaughter stated that the highest point is the cinema, which is the only part of the third story; approximately 70 feet above average mean grade, and the highest point for the parking structures would be structure C at 50 feet above average finished grade and set way back. Mr. McGam asked about LEED certification and Ms. Slaughter explained that they are committed to trying to achieve LEED Silver. Mr. Knight was concerned with the oaks on the site and wanted to point out that they are some of the biggest southern live oaks in the city, and are very precious. He indicated that he would make an assessment of them and the setbacks and said that if they have 40 feet or more setbacks then they are fine. In reference to the parking structure on the east side he stated that there isn t much planting area there. There are two construction issues that will need to be addressed. When they start construction they are going to impact the root zone and create issues of survivability with those trees and the City is counting on those trees remaining in place; so we will inconvenience the contractor and the building process in order to save those trees. Mr. Knight asked if the walkway on the west side that leads to the bus stop would remain. Ms. Slaughter stated that it may have been overlooked and they will make sure that it is connected. Mr. Knight stated that when they get their shade issues resolved they will have G:\Planning\Janine Judy\Word Files\A Minutes\2008\AR081125.min.doc Page 8 of 9

to discuss the plant material in the shaded areas because it will have a significant impact there. He also requested that when they meet to discuss the landscape that they also review the turf that is located on the opposite side of the wall facing Rancho Grande and Fairhaven. He stated that this would be the only turf left on the project and that would be a long term maintenance issue. Ms. Lauri Aylaian, Director of Community Development, stated that some of the council members have expressed dissatisfaction with the way the shade tree ordinance is working and almost prefers having covered parking rather than shade trees. From an urban forestry stand point, we want to get shade trees in regardless of whether or not we have shaded parking from other sources. She asked the Commission if they wanted to continue to see as shade trees. The Commission stated they absolutely wanted to have shade trees along with the structures. ACTION: It was moved by Commissioner Touschner and seconded by Commissioner Hanson to grant approval of the conceptual design subject to: 1) parking structures to come back to ARC for review; being sensitive, respective and supportive of the neighbors with reference to the landscaping, lighting, building facades and their scale; 2) submit a section through the site; 3) shading elements at the top of the parking structures; 4) being cognizant of the shading requirements in the desert in the summer; 5) retain walkway to the bus stop on the west elevation; 6) Landscape Manager to make assessment of oaks near the new parking structure on the eastside; and 7) plant material to be determined in the shaded areas. Motion carried 7-0. C. Miscellaneous Items: None VI. ADJOURNMENT It was moved by Commissioner Lambell, seconded by Commissioner DeLuna to adjourn the meeting. Motion carried 7-0. The meeting was adjourned at 2:30 p.m. TONY BAGATO PRINCIPAL PLANNER G:\Planning\Janine Judy\Word Files\A Minutes\2008\AR081125.min.doc Page 9 of 9