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HomeMy WebLinkAboutZOA 87-8 HEDGES 1987 MINUTES PALM DESERT PLANNING COMMISSION JULY 21, 1987 rights of homeowners for golf course spelled out. He felt the commission would not be doing anyone justice by approving this tonight. Commissioner Downs agreed with Commissioner Richards. After further discussion Chairman Erwood stated that he would allow the applicants time to meet while commission heard the last public hearing item. Commission concurred. C. Case No: ZOA 87-8Z CITY OF PALM DESERT, Applicant Request for approval of a recommendation to city council deleting the word "hedge" from Section 25.56. 190(D) of the Municipal Code. Mr. Allen outlined the salient points of the staff report. Chairman Erwood asked for a clarification regarding line of sight at corners. Mr. Allen explained that would constitute a public nuisance, which would have to be corrected. Chairman Erwood opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed. MR. EUGENE HOPKINS, 72-820 San Juan, spoke in opposition to the proposed amendment and felt that hedges should be maintained and created a fire hazard. He stated that his neighbor would not maintain his hedges until presented with court action. Mr. Hopkins asked that if this were to be deleted, that the city come up with something else. Commissioner Downs questioned the enforcement of fire hazards. Mr. Allen replied that fire hazards would be enforced. MR. RAY SCHULTZ, 72-650 Somera, felt that hedges should be kept in the ordinance and indicated that he met previously with the mayor and council because of problems. He stated that now there are problems with the back lot being 20-30 feet. He stated that the plants were a shrub similar to oleander and informed commission that the plants were causing serious problems to his pool , as well as members of his family being allergic to bee stings. He stated that the vacant lot next door was also a problem and requested that while the ordinance was still in effect, the problem be taken care of. 7 i ? MINUTES PALM DESERT PLANNING COMMISSION JULY 21, 1987 MR. MICHAEL NAY, 72-808 San Juan Drive, spoke in favor of the amendment. He indicated that he wished to keep the height for privacy. Chairman Erwood closed the public testimony. Commissioner Whitlock stated that based on public testimony she was concerned with the deletion and felt some type of alternative should be discussed. She noted that she also was allergic to bee stings. Mr. Diaz explained that the enforcement has been selective based on complaints. Chairman Erwood felt that an ordinance should not be deleted because it is too hard to enforce. Commissioner Downs suggested that the six feet be raised to eight feet. After further discussion commission felt that hedges should not be overlooked. Staff suggested recommending the matter to council with the height adjustment to eight feet, rather than eliminating hedges altogether. Action: Moved by Commissioner Downs, seconded by Commissioner Richards, , recommending to city council by minute motion that rather than deleting the word "hedges" from Section 25.56. 190(D) of the Municipal Code, that the maximum height be raised to eight feet. Carried 5-0. Chairman Erwood called a five minute recess at 10:20 p.m. Chairman Erwood called the meeting to order at 10:28 p.m. and reopened discussion regarding item #8. Mr. Perrier stated that an agreement had been signed 6y Mr. Temple and the homeowners association. He stated the Mr. Schweickert had not signed yet. It provides that the gate will remain and grants to existing homeowners the use of the golf and tennis facilities without fees and termination of easement fees being paid. Homeowners will be provided priority over public with regard to reservations and same to new homeowners group. No public use of tennis facility and agrees to share maintenance expenses as well as operation of the gate. It was also noted that Mr . Schweickert had signed the agreement. Mr. Diaz stated that it should include that the city shall be held harmless by all parties. Mr. Perrier indicated that any agreement was subject to the approval of the homeowners association. 8 MINUTES PALM DESERT PLANNING COMMISSION JULY 21 , 1987 Commissioner Richards felt that the disposition of the 25 acres was still a concern. Mr. Perrier stated that the property would have to stand on its own. Commissioner Richards reiterated his concern regarding the use of the golf course upon development of the 25 acres. Mr. Ponsor assured that Mr. Temple and their homeowners association would take care of the concerns. Upon questioning regarding the representative of the owner of the 25 acres, Mr. Mike Howell stated that he was representing the Westfield Group. Mr. Connor noted that the agreement should have the signatures of the homeowners association representative, Mr. Temple, Mr. Schweickert, and include that the city of Palm Desert be held harmless from any dispute that may arise. Mr. Perrier, Mr. Ponsor, and Mr. Schweickert all agreed. Mr. William Reed, Del Safari , stated that Mr. Temple agreed to maintain the common area between the two properties and one story condominiums will be built as indicated by Mr. Christian. He stated ' that Del Safari recommends approval . Chairman Erwood closed the public testimony and asked for commission comments. Commissioner Downs stated that he could go along with the actions taken and the additional conditions of approval . He noted that nothing was said about the garages. Mr. Diaz requested that the conditions of the agreement, be given to him right then and noted that it was signed by Del Safari , Avondale Homeowners Association, Desert Falls, Lido Pacific and Temple. Commissioner Whitlock noted that the homeowners association still has to vote. Commissioner Downs also indicated that it still goes to city council . Chairman Erwood expressed concern regarding the last minute details up in the air and the manner in which the agreement had been reached and could not vote for approval at this time. Commissioner Ladlow concurred with Chairman Erwood. Commissioner Whitlock stated that a great deal of time had been spent on the agreement, but the project itself needed more discussion and she could not vote for approval at this time. 9 I MINUTES PALM DESERT PLANNING COMMISSION JIILY 21 , 1987 t Moved by Commissioner Richards, seconded by Commissioner Downs, adopting the findings with the following conditions: Agreement that signatures have been required of all parties; that one condition of approval be that carports be changed to two-car garages. Motion failed with a vote of 2-3. Chairman Erwood and Commissioners Ladlow and Whitlock voted no. Commissioner Richards suggested a continuance to August 4, 1987. Mr. Diaz noted that if the commission were to deny the project it would require a resolution to be prepared and that the result of the previous action was no action. With a continuance, the homeowners would have time to vote on the agreement before the meeting. Action: Moved by Commissioner Richards, seconded by Commissioner Ladlow, continuing this matter to August 4, 1987. Carried 4-1 (Commissioner Downs voting no. ) Mr . Perrier suggested meeting a week from tonight. Commission indicated that the next meeting was only two weeks away. Vill . MISCELLANEOUS None. IX. ORAL COMMUNICATIONS None. X. COMMENTS Commission noted that Chairman Erwood would celebrate his 40th birthday on July 22, 1987. Chairman Erwood indicated that he would be absent from the August 4, 1987 meeting. Commissioners Ladlow and Whitlock also stated that they would be absent. 10 V, � JUL 2 Z 1987 �T D. Ci �y �I Prnn i �l �bvNMi SS D h OOMMONiTY DEYELOPNINT DEPARTMENT �J CITY Of PALM DESERT ,25 6 19 0 D cv --7-- 1ST) SPEAKERS ORAI 'OMMUNICATIONS AND OR PUBL HEARINGS IF YOU ARE ATTENDING THE CITY COUNCIL MEETING TO ADDRESS THE CITY COUNCIL , WHETHER IT IS A SCHEDULED AGENDA ITEM OR COMMENTS UNDER ORAL COMMUNICATIONS, PLEASE COMPLETE THE FOLLOWING INFORMATION AND GIVE IT TO THE CITY CLERK IN ADVANCE OF THE MEETING.. /T ANK YOU. NAME: l/L/-� ������� � ADDRESS: --2 /7 EP,z I WOULD LIKE TO SPEAK UNDER: ORAL COMMUNICATIONS ABOUT �� '� L ��L AGENDA ITEM PUBLIC HEARING ITEM THANK YOU FOR YOUR COURTESY AND COOPERATION. i, _ aoy XiJ#abda4 72((77�90 Oj//%gotEda 1�uvE (Palm J�E1E2E, ealffoenia 92260 ts \j, �9�0 U L 2 1 1981 July 21, 1987 CUMMUNlil Cin OF PAWEDESER�AfiA1ENl City of Palm Desert Planning Commission 73510 Fred Waring Drive Palm Desert , CA 92260 To Whom It May Concern: It is my understanding that tonight , July 21, the Planning Commission will meet to discuss Section 25 . 56 190 (D) of the Palm Desert Municipal Code, regarding deleting the word "hedges" from the section . As a home owner for 11 years in Palm Desert I would like to express my support for this wording change . I specifically purchased my home because there were tall, existing oleanders ( approx. 20 years old) on either side of my property. These oleanders help to reduce the wind, dust , dirt and sound and I would not like to see them cut and maintained at six feet tall . I am not able to attend tonights meeting but again, please be aware of my support for the wording change . Sincerely, Joy Kirkpatrick .t JL 2 1 1987 MIAud,u: "-,„�,aVAlkf241 UEYnn IAStIY, GTY TT - I v( ..ram - - -- - - - - - -- - - - �/�wt. . h CE,.