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HomeMy WebLinkAbout0504 � � MINUTES PALM DESERT PLANNING COMMISSION MEETING MAY 4, 1976 7 P.M. - CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER The regular meeting of the Palm Desert Planning Commission was called to order by Chairman Wilson at 7:00 p.m. , May 4, 1976, in the Council Chambers of the Palm Desert City Hall . II. PLEDGE OF ALLEGIANCE '"�'` III. ROLL CALL Present: Commissioners GEORGE BERKEY, GLORIA KELLY, MARY K. VAN DE MARK, S. ROY WILSON Others Present: Nelson Mills - Planning Commissioner-elect Paul A. Williams - Director of Environmental Services Steve Fleshman - Associate Planner Sam Freed - Assistant Planner Secretary Williams noted that Planning Commissioner-elect Nelson Mills was seated with the Commission tonight, but that he will not be of- ficially seated until the Planning Commission meeting of May 18, 1976. Chairman Wilson welcomed Commissioner-elect Mills to the Planning Commission. IV. APPROUAL OF MINUTES A. Minutes of April 13, 1976 Corrections were made to the above minutes as follows: �'"" Page 1, under Corrections to minutes of March 30, 1976, change the second ROBERT KNIGHT to ROBERT KING. Page 3, 4th paragraph under the Grading Ordinance should be re- worded as follows: "Co►�missioner Kelly asked if local contractors had furnished in- put or at least received copies of the Grading Ordinance?" Page 4, last paragraph on the page, add to Section 30 after access problems. Commissioner Van de Mark made a motion to approve the minutes of the April 13, 1976, meeting with the noted corrections. Commissioner Kelly seconded the motion. Motion carried unanimously. V. WRITTEN COMMUNICATIONS - None VI . PUBLIC HEARINGS Chairman Wilson explained the study session process and then explained the Public Hearing procedure. A. CONTINUED CASE N0. CUP O1-76, LAMBETH HOUSE, INC. , Applicant � Request for a 100-unit housing facility for the elderly project on 3 acres, located on the west side of Highway 74, north of Haystack Road extended. (Continued from March 30, 1976. ) -1- PAGE TWO PLANNING COMMISSION MINUTES MEETING OF MAY 4, 1976 VI . PUBLIC HEARINGS (continued) A. LAMBETH HOUSE, TNC. , (continued) Paul Williams brought the Commission up to date on this case and explained that this was the fourth Public Hearing that had been conducted reference Lambeth House. Mr. Williams also read a 1etter from Reverend John D. Narrison stating that Lambeth House wished to withdraw their application for a Conditional Use Permit for this pro- ject due to the fact they were unable to obtain Federal funding for the project. � Mr. Williams further stated that staff recommended the Planning Com- mission adopt Planning Commission Resolution No. 141 accepting the above-mentioned withdrawal . Chairman Wilson stated that since this was a Public Hearing, the Com- mission would take testimony reference Lambeth House. Being no testimony, Cha�rman Wilson closed the Public Hearing and asked the Commissioners their wishes reference Case No. CUP 01-76. Commissioner Van de Mark moved to adopt Planning Commission Reso- lution No. 141 accepting the withdrawal of the Lambeth House applica- tion. Commissioner Kelly seconded the motion. The motion was carried by the following vote: AYES: Kelly, Van de Mark, Wilson NOES: None ABSENT: None ABSTAIN: Berkey B. CONTINUED CASE N0. CUP 05-76, JOHNSON & BARBATTI, Applicants "�"" Request for a Conditional Use Permit to allow a combination sit- down and take-out restaurant in the C-1, S.P. Zone District and a commercial parking lot in the R-3 Zoning District. (Continued from March 30, 1976. ) Paul Williams explained the request by the applicant for a Conditional Use Permit and also for the request for a Variance from the Zoning Ordinance. Mr. Williams showed maps and drawings of the proposed site of both the restaurant and the parking lot. Mr. Williams further explained that since the last Public Hearing on this case (March 30, 1976) , the applicant had submitted a revised set of plans which contained no changes to the restaurant but did contain an increased amount of parking and also the addition of a masonry wall , with increased landscaping, etc. for the proposed parking lot. Mr, Williams then stated that staff recommended the Planning Commission approve Resolution No. 142 with the 16 Conditions of Approval . Chairman Wilson asked the Commission if they had any questions to direct to the staff. � Commissioner Berkey wanted to know the height of the masonry wall . Mr. Williams answered that the wall would be 6' in height. Commissioner Van de Mark asked what type of traffic control provisions would be made. Mr. Williams stated that directional signs and striping would be pro- vided. -2- PAGE THREE PLANNING COMMISSION MINUTES MEETING OF MAY 4, 1976 At this time, Chairman Wilson asked if the applicant was present. ROY BARBATTI, 18481 Montpere Way, Saratoga, California, Applicant - Mr. Barbatti spoke to the Commission representing himself and Ira Johnson. He gave a brief recount of their request and stated he was looking forward to becoming an active member of the community. Chairman Wilson asked if anyone was present who wished to speak to the Commission against the project. `�"' ROD HACKMAN, 44-711 San Jacinto, Palm Desert, California - Mr. Hackman spoke to the Commission reference the proposed ad- ditional parking lot. He objected to the entrance on San Jacinto to said parking lot due to possible traffic congestion. DORA WELLS, 28-925 Sunny Slope Road, Desert Hot Springs, California - Mrs. Wells, owner of the property at 44-855 San Jacinto, voiced her objections to the proposed parking lot and stated that its installa- tion would cause her property value to depreciate. There being no further comments from members of the audience, Chair- man Wilson closed the Public Hearing on Case No. CUP 05-76 and opened the matter for discussion among the Commissioners. Chairman Wilson asked staff if a study had been made reference the property values in the area of the proposed parking lot. Mr. Williams replied that a study had been prepared which compared the assessed valuation from the Riverside County Assessment Roles for the property adjacent to the General Telephone Company parking lot on San Luis Rey and Alessandro and the current value for the Wells' property on San Jacinto. The study showed no difference in valuation for either property for the land value. �"' Chairman Wilson re-opened the Public Hearing as there was additional testimony from BRAD BAISDON of 1134 N. Calle Marcus in Palm Springs. Mr. Baisdon wanted to know how the property was evaluated - was it by County taxes or by appraisal for resale. Mr. Williams answered that the figure was based on the County tax assessments. GEORGE WASSEN, 44-855 San Jacinto, Palm Desert - Mr. Wassen again voiced his prime concern reference the traffic hazard for the child- ren in the area. Roy Barbatti gave a brief rebuttal stating that there were already many cars parking in the vacant desert sand lots in the area of the proposed parking lot. Chairman Wilson again closed the Public Hearing and asked for the thoughts of the Commission. Corronissioner Kelly stated her only concern was that Condition No. 11 under the Conditions of Approval should be reworded so that some type of parking lot lighting, for safety purposes, would be made mandatory. �,; Mr. Williams suggested rewording Condition No. 11 as follows: "Low profile lighting of parking areas for safety purposes shall be provided for as approved by the Design Review Board." After a lengthy discussion reference the parking lot situation, Com- missioner Van de Mark moved to adopt Planning Commission Resolution No. 142 with the rewording of Condition No. 11 as noted previously. Commissioner Kelly seconded the motion. Motion carried unanimously. PAGE FOUR PLANNING COMMISSION MINUTES MEETING OF MAY 4, 1976 C. CASE N0. CUP 07-76, HENRY TAGLE, Applicant Request for a Conditional Use Permit to allow a restaurant in the C-1, S.P. Zoning Districe and a Variance from Section 25.33-7 of the Zoning Ordinance, reducing off-street parking requirements from 60 spaces to 40 spaces; a Variance from Section 25.16-5.04, reducing the frontyard setback to less than 5 feet; and a Variance from Section 25.33-3.03 of the Zoning Ordinance, reducing the parking lot setback along the '�'' street frontages from 6 feet to 3 feet. Paul Williams reviewed this case with the Commission. He explained the applicant's request, gave seven justifications as to why the Conditional Use Permit and Variances should be granted, gave a brief background of the project which included location, size, zoning, prior actions, etc. Mr. Williams further explained in detail each individual variance request. Since there were no questions of staff at this time, Chairman Wilson asked if the applicant was present. MIKE PYTEL, 44-399 Lingo Lane, Palm Desert - Mr. Pytel spoke as a representative of Mr. Tagle (the applicant) and stated that Mr. Tagle was in complete agreement with staff's 14 Conditions of Approval . Chairman Wilson asked if anyone was present who wished to speak to the Commission in favor of Case No. CUP 07-76. BOB GIOGA, 72-654 Willow, Palm Desert - Mr. Gioga spoke in favor of said project. Mr. Gioga owns the property across the street from the proposed project. EMIL SPILMAN of Palm Springs, owner of Lots 15 & 16 adjoining said �"' project spoke against the project. His comment was if the Commission granted a Variance on the Tagle property, then his property should also be granted the same variance. Chairman Wilson asked the Commission if they had any questions. Commissioner Van de Mark asked staff how many on-street parking spaces were available. Steve Fleshman answered there were 11 angled spaces across the street from the proposed project and 5 spaces on the frontage road. Mr. Pytel gave a brief rebuttal making reference to the Commission 's prior approval on May 6, 1974. Chairman Wilson felt it should be noted that in the particular area across Alessandro there was additional parking which according to Mr. Williams consisted of 22 spaces. Chairman Wilson closed the Public Hearing on Case No. CUP 07-76 and opened the matter for discussion among the Commissioners. The majority of the Commissioners agreed with Commissioner Berkey that in granting the Variance they would be setting a precedent but �,, that the positive effects outweighed the negative effects. After a short discussion reference the above positive and negative effects, Commissioner Berkey moved to adopt Planning Commission Re- solution No. 143 on the basis that the Corr�nission would be greatly improving an existing situation but that they were unhappy about setting the precedent. Commissioner Van de Mark seconded the motion and voiced the same regret as did Commissioner Berkey. Motion carried unanimously. PAGE FIVE PLANNING COMMISSION MTNUTES MEETING OF MAY 4, 1976 D. CASE N0. CUP 06-76, JOMO DEVELOPMENT, INC. , Applicant Request for a Conditional Use Permit to allow a 4-unit planned residential development in the R-3 Zone, on pro- perty located on Ocotillo Drive, north of Verba Santa Drive. Paul Williams reviewed the applicant's request, showed plans of the project, and gave a detailed explanation of the background including description, location, size, zoning, etc. He ended �"" his presentation of the request by giving staff's recommendation that the Planning Commission approve Resolution No. 144, granting the Conditional Use Permit for the above case. JOHN OUTCAULT, 74-133 E1 Paseo, Palm Desert - Mr. Outcault, who is the architect for the project, spoke to the Commission as a representative of the owner. He stated the owner accepted all 13 Conditions of Approval with the exception of Condition No. 9 pertaining to undergrounding of utility lines. The owner's ob- jection was mainly one of cost. There being no-one present who wished to speak to the Commission either in favor of or opposed to the project, Chairman Wilson closed the Public Hearing and opened the case for discussion. The general consensus of the Commission was that the applicant could post a cash bond for their pro-rata share of the under- grounding and requested staff to reword Condition No. 9 to re- flect the above revision. Cori�nissioner Berkey moved to approve Planning Commission Resolu- tion No. 144 with the above noted revision to Condition No. 9. Commissioner Kelly seconded the motion. Motion carried unanimously. �"` E. CASE N0. PM 7794, CHARLES MARTIN, Applicant Request to divide a 3-acre parce1 into two parcels, located in Section 30. Paul Williams reviewed the request for a parcel map and a waiver of the final map for the above case. He also showed a map of the location which explained the existing slope. He then went into the issues of access and eventual development of the parcel . Further, he stated tha the City of Rancho Mirage plus all the utility com- panies had been contacted reference the case and that no objections were received. He then recommended �hat the Planning Commission approve Resolution No. 145 which recommended approval to the City Council of PM 7794. CHARLES MARTIN, 73-612 Highway 111, Palm Desert - Mr. Martin spoke as the projects applicant and explained his request. The public hearing was then closed as no-one was present who wished to speak to the Commission either in favor of or opposed to the pro- ject. Commissioner Kelly moved to adopt Planning Commission Resolution No. 145 Commissioner Van de Mark seconded the motion. Motion � carried unanimously. PAGE SIX PLANNING COMMISSION MINUTES MEETING OF MAY 4, 1976 VII . OLD BUSINESS - None VIII. NEW BUSINESS A. CASE N0. ZOC 03-76, PHIL DENNIS, Applicant Request that the Planning Commission determine that an automatic car wash would be allowable in the C-1, S.P. Zoning District. `�" Steve Fleshman presented a detailed review of this request for a Zoning Ordinance clarification. His review included the following justifications: 1. The proposed facility may be compatible with the typical com- mercial uses found in the C-1 District, under certain conditions and requirements. 2. An automatic car wash could exceed the maximum noise level of 65 decibels as required by Section 25. 16-5. 12(5) of the Zoning Ordinance, or may violate the Intent and Purpose Section of Article 25. 15 which requires the protection of commercial pro- perties from noise, vibration and other objectionable influences ; unless mitigated by the specific controls of a Conditional Use Permit. 3. Car wash facilities do not generally conform to the general intent of the district to conduct businesses within a completely enclosed building; however, substantial landscaping and screening can miti- gate this problem. 4. The allowance of the use in the C-1 Zone does not preclude the use in the Industrial Zone. � Chairman Wilson stated that even though this was not a Public Hearing, the Commission would welcome any additional input. PHIL DENNIS, 1603 Augusta Plaza, Palm Springs - Mr. Dennis spoke to the Commission representing himself as applicant. There was a brief discussion reference the above mentioned clarifica- tion. Commissioner Berkey moved to adopt Planning Commission Resolution No. 146 which would allow a car wash in the C-1 Zone subject to a Conditional Use Permit. Commissioner Kelly seconded the motion. Motion was carried unanimously. B. Request from the Coachella Valley County Water District that the Planning Commission find that the extension of 2300 feet of 8 inch sewer line on Joshua Tree Street is in conformance with the Palm Desert General Plan. Commissioner Kelly moved and Commissioner Berkey seconded a motion to approve Planning Commission Resolution No. 147 finding that the proposed extension of sewer line is in conformance with the Palm Desert General Plan. Motion carried unanimously. t�,,,, IX. DESIGN REVIEW BOARD ITEMS A. Review of actions of the Design Review Board meeting of April 20, 1976. Steve Fleshman gave the report on the Design Review Board actions which included one case No. 28C. Commissioner Berkey asked staff to have the Palm Desert Disposal Company study the trash enclosure situation reference the above case. PAGE SEVEN PLANNING COMMISSION MINUTES MEETING OF MAY 4, 1976 Commissioner Van de Mark moved to adopt Planning Commission Reso- lution No. 147 approving the actions of the Design Review Board meeting of April 20, 1976. Commissioner Berkey seconded the motion. Motion carried unanimously. X. ORAL COMMUNICATIONS - None � XI . COMMENTS A. City Staff - None B. City Attorney - Not present C. Planning Commissioners Paul Williams at the request of Commissioner Kelly gave a short presentation on the Cal Chapter Meeting of the Associate Insti- tute of Planners that was held in Sacramento. Chairman Wilson in reference to a letter from Maurine Hendrickson asked if there had been any further action regarding the access problem to Section 30. Mr. Williams stated that this problem had been placed on a high priority list. XII. ADJOURNMENT Commissioner Van de Mark made a motion to adjourn the meeting. Com- missioner Berkey seconded the motion. Motion carried unanimously and the meeting was adjourned at 9:00 p.m. � !' � � . �,...��A .u����..�.-.----� PAUL A. WILLIAMS, SECRETARY ATTEST: / ��j_ - ---_- -/ � � ���� l , ,��� S OY WI N, CHAIRMAN �, �r.»