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HomeMy WebLinkAbout0629 MINUTES PALM DESERT PLANNING COMMISSION MEETING JUNE 29, 1976 7 P.M. - CITY HALL COUNCIL CHAMBERS I . CALL TO ORDER The regularly scheduled meeting of the Palm Desert Planning Commission was called to order by Chairman Wilson at 7:00 p.m. on June 29, 1976, in the Council Chambers of the Palm Desert City Hall . II . PLEDGE OF ALLEGIANCE III . ROLL CALL Present: Commissioners GEORGE BERKEY, GLORIA KELLY, NELSON MILLS, MARY K. VAN DE MARK, S. ROY WILSON Others Present: Paul A. Williams - Director of Environmental Services Steve Fleshman - Associate Planner Sam Freed - Assistant Planner IV. APPROVAL OF MINUTES A. Minutes of Planning Commission Meeting of June 1, 1976. Steve Fleshman noted two minor corrections to the minutes of the above meeting. They are as follows: Page 3, paragraph 2 , add the word minimum after 65 year. Page 3, paragraph 5, add the word area after the word particular in the last line. Commissioner Berkey made a motion to approve the minutes of the June 1, 1976 meeting, with the noted corrections. Commissioner Mills seconded the motion. Motion carried unanimously. V. WRITTEN COMMUNICATIONS A. CASE NO. GPA-60-756-CC-8 County Referral of a Requested General Plan Amendment from Very Low Density Residential to Industrial Park on 40 Acres on the North Side of Country Club Drive, West of Washington Street. Steve Fleshman reviewed the above request from the County to comment on a General Plan Amendment for property located within the City of Palm Desert's Sphere of Influence. Commissioner Van de Mark made a motion to approve Planning Commission Resolution No. 157, finding that the above request is in conformance with the adopted Palm Desert General Plan. Commissioner Kelly seconded the motion. Motion carried unanimously. VI . PUBLIC HEARINGS A. CASE NO DP 02-76, COVE CONSTRUCTION COMPANY, Applicant Request for Development Plan Approval of 20 Single Family Detached Units on 5 Acres Located on the South Side of Mesa View Drive, East of Highway 74 (PR-5 Zone) . Steve Fleshman reviewed the above request with the Commission . Mr. Fleshman listed the following staff justifications for approval of the Development Plan. 1. The project conforms to the Palm Desert General Plan. 2. The project meets the requirements of the Palm Desert Zoning Ordinance. -1- MINUTES PLANNING COMMISSION MEETING JUNE 29, 1976 VI . PUBLIC HEARINGS A. CASE NO. DP 02-76 (continued) Mr. Fleshman further reviewed the request by giving a background of the Development Plan in terms of location , size, number of units , zoning, etc. Mr. Fleshman pointed out that staff felt the lot sizes in general were not a problem; however, the dwelling unit size should be increased to a minimum of 1,500 square feet. Mr. Fleshman also stated that staff felt the design of the pro- ject needed further analysis. He stated that the key to approval of the project was whether 'or not the project meets the intent and purpose of the Planned Residential Zone District, Section 25.14-1 of the Palm Desert Zoning Ordinance, which reads as follows: "25.14-1 Intent and Purpose It is the intent and purpose of the "PR" District to provide for flexibility in development, creative and imaginative de- sign , and the development of parcels of land as co-ordinated projects involving a mixture of residential densities and housing types , and community facilities , both public and private. The "PR" District is further intended to provide for the optimum integration of urban and natural amenities within developments. The "PR" District is also established to give a land developer assurance that innovative and unique land development techniques will be given reasonable con- sideration for approval and to provide the City of Palm Desert with assurances that the completed project will contain the character envisioned at the time of approval . " Mr. Fleshman explained that while the project in general was not creative, imaginative, etc. , it would be possible to "dress-up" the project through special treatment to the houses, appearance from Mesa View Drive, and landscaping of the cul-de-sacs. Mr. Fleshman further stated that staff felt that through the Design Review Process, the above problems could be solved to meet the intent and purpose of the "PR" Zone. Chairman Wilson asked the Commissioners if they had any questions of staff at this time. Being none, he asked if the applicant was present. ED WRIGHT, President of Cove Construction Company, 78-106 Avenue 52, La Quinta, California , spoke to the Commission and voiced several objections to the Conditions of Approval . His first objection was to Special Condition No. 3, which requires a minimum of 1,500 square feet of living area for each dwelling. Mr. Wright felt that the proposed square footage of 1,200 and 1,400 square feet was more ap- propriate. He also objected to Special Condition No. 6, which re- quires the installation of a masonry wall along the full frontage of the west property line. He stated that he would prefer redwood fencing for economic reasons. Mr. Wright's third objection was to Special Condition No. 7, which requires that the C.C.&R's for the project contain provisions for the maintenance of landscaped areas along Mesa View Drive and within the center of the cul-de-sacs. He felt that the landscaping of the cul-de-sacs would present a hazard both to vehicles and children in the area. His next objection was to Special Condition No. 4, which requires that Mesa View Drive be connected to the existing street to the east. -2- MINUTES PLANNING COMMISSION MEETING JUNE 29, 1976 VI. PUBLIC HEARINGS A. CASE NO. DP 02-76 (continued) At this time, Chairman Wilson opened the Public Hearing on Case No. DP 02-76. Being no one present who wished to speak to the Commission either in favor of or opposed to said project, Chair- man Wilson asked if there were any questions prior to the closing of the Public Hearing. Commissioner Berkey stated he couldn't see why the staff was justifying recommendation for approval when there were so many objections to the Conditions of Approval . He further stated that the access problem could pose a potentially dangerous situation. He also felt that the project was not innovative and that it was in his opinion not ready to be presented to the Planning Commission. Chairman Wilson summarized the two primary issues: Number one being the disagreement between staff and the applicant reference the Conditions of Approval , and Number Two being whether or not this project did indeed meet the intent and purpose of the "PR" Zoning District. Commissioner Van de Mark felt that the project did not meet the intent and purpose of the "PR" Zoning District. She also felt that if the Commission approved the Development Plan, that it would be setting a precedent for that particular area. Commissioner Mills agreed with Commissioner Van de Mark and also with Commissioner Berkey. Commissioner Kelly also agreed with the above. Chairman Wilson then stated that it seemed to be the general con- sensus of the Commission at this time not to set a precedent for the area and that a motion would be in order. Paul Williams gave the Commission the new wording for Resolution No. 158, which is as follows : "A resolution of the Planning Commission of the City of Palm Desert, California, announcing findings and denying a Develop- ment Plan for a 5-acre residential subdivision on property generally located east of Highway 74, and south of Mesa View Drive. Case No. DP 02-76" Commissioner Kelly made a motion to adopt Planning Commission Reso- lution No. 158, with the above noted revisions reference denial of the Development Plan. Commissioner Berkey seconded the motion. Motion carried unanimously. B. CASE NO. TT 8082, COVE CONSTRUCTION COMPANY, Applicant Request for Approval of a Tentative Tract Map of 20 Lots on 5 Acres Located on the South Side of Mesa View Drive, East of Highway 74 (PR-5) . Mr. Ed Wright withdrew his request for approval of the above case due to the denial actions of the Commission on Case No. DP 02-76. Chairman Wilson aknowledged the withdrawal and stated no further action was required. -3- MINUTES PLANNING COMMISSION MEETING JUNE 29, 1976 VI . PUBLIC HEARINGS (continued) C. CASE NO. TT 8071, JOMO DEVELOPMENT COMPANY, Applicant Request for Approval of a Tentative Tract Map of 5 Lots with 4 Units , Located on 1/2 Acre on the West Side of Ocotillo Drive, South of Tumbleweed (R-3-3,000) . MOM Steve Fleshman presented the staff report on the above request. He indicated that staff recommended approval of the request based upon the following jusitifications : 1. The Map does meet the requirements of the adopted Subdivision Ordinance for the City of Palm Desert. 2. The Map meets the requirements of the State Map Act as amended. 3. The City has received no negative comments from interested agencies. Mr. Fleshman further gave a complete background of the request, including location, size, zoning, etc. Chairman Wilson asked if the applicant was present. Being no one present, he then opened the Public Hearing on Case No. TT 8071. There was no one present who wished to speak in favor of the project. HARRY HARDY, 44-597 San Pascual , Palm Desert, California, stated he had no objections to the project, he just wanted to know the amount of land involved. Chairman Wilson answered that there was 1/2 acre of land involved. Mr. Hardy also requested an ex- planation of the R-3-3,000 S.P. Zoning and Mr. Williams explained same. Chairman Wilson then closed the Public Hearing and opened the matter for discussion among the Commissioners. Commissioner Berkey made a motion to adopt Planning Commission Reso- lution No. 159, recommending approval of TT 8071 to the City Council . Commissioner Van de Mark seconded the motion. Motion carried unani- \ously. D. CASE NO. ZOA 01-76, CONSIDERATION OF VARIOUS CLARIFICATIONS, CORRECTIONS, DELETIONS, AND ADDITIONS TO THE PALM DESERT ZONING ORDINANCE. Paul Williams reviewed the staff report with the Commissioners. This report included excerpts from the minutes of the May 18, 1976 Planning Commission meeting pertaining to the proposed amendments to the Zoning Ordinance. Mr. Williams briefly listed the additions, deletions, and changes to the Ordinance. Chairman Wilson opened the Public Hearing on the above case. Being no one present who wished to speak either in favor of or opposed to Case No. ZOA 01-76, the Public Hearing was closed. Commissioner Berkey's suggestions reference additional changes are listed as follows: He felt that a Tire Center should be added to the list of Conditional Uses under Article 25.16, General Commercial District (C-1) . He also felt that the Related Retail Uses and Restaurant Uses under Conditional Uses (25.17-3) for Article 25. 17, Professional/ Office District (P-0) should be put under the "Uses Prohibited" Section (25.17-4) . -4- MINUTES PLANNING COMMISSION MEETING JUNE 29, 1976 VI . PUBLIC HEARINGS D. CASE NO. ZOA 01-76 (continued) Paul Williams agreed with Commissioner Berkey's suggestions. Commissioner Mills disagreed with Commissioner Berkey on the change of the Related Retail and Restaurant uses. Commissioner Berkey made a minute motion to delete the "Related Retail " and the "Restaurant" uses from Article 25. 17. Commissioner Van de Mark seconded the motion. The motion was carried 4-1, with the following vote: AYES: BERKEY, KELLY, VAN DE MARK, WILSON NOES: MILLS Commissioner Berkey further suggested that Subsection (5) under Section 25.32-6.02 (Development Subject to Undergrounding Provisions) be reworded in order to tie in with Section 25.32-6.03. Chairman Wilson agreed with Commissioner Berkey. Mr. Williams advised the Commissioners that the above suggestions, etc. would be added to Exhibit "B". Commissioner Van de Mark made a motion to adopt Planning Commission Resolution No. 160, recommending approval to the City Council , with the noted corrections as listed in Exhibit "B". Commissioner Mills seconded the motion. Motion carried unanimously. VII . OLD BUSINESS Now A. Report to the Planning Commission on the Time Necessary for Staff Study of the North Side of Catalina Way, East of San Pablo. Paul Williams reviewed the staff report reference the above, stating that staff felt it would be a wiser approach to look at the total area as opposed to a separate study. Chairman Wilson stated that even though this was not a Public Hearing, the Commission would take comments from any interested persons. DICK KITE , 73-757 Highway 111, Palm Desert, California, spoke to the Commission objecting to the staff recommendation. JACK MOOREHOUSE , 44-555 San Pascual , Palm Desert, California, spoke to the Commission stating he did not agree with Mr. Kite's views. HARRY HARDY, 44-597 San Pascual , Palm Desert, California, spoke to the Commission stating that he agreed with the staff's recommendation. DWIGHT BABCOCK, 73-200 Tumbleweed Lane, Palm Desert, California, spoke to the Commission and voiced his objection to a separate study of the area. He felt multi-family zoning should be considered for the Catalina Way area. At this time, Chairman Wilson stated that the Commission had before them the question of whether or not to accept the staff recommendation that the Catalina Way area be studied as a part of the total C.O.D. Specific Plan. Commissioner Berkey stated that his intent had apparently been min- interpreted, what he really wanted was for staff to place the review of the area on a top priority basis. Commissioner Kelly and Commissioner Mills agreed with the staff's recommendation . -5- MINUTES PLANNING COMMISSION MEETING JUNE 29 , 1976 VII . OLD BUSINESS (continued) Commissioner Van de Mark made a minute motion to approve the staff recommendation that the area not be studied separately but be reviewed as a part of the total C.O.D. Specific Plan. She further added that this study should be a top priority item and be completed as soon as possible. Commissioner Mills seconded the motion. Motion carried unani- mously. VIII. NEW BUSINESS A. CASE NO. ZOC 04-76, COLT, INC. , Applicant Request from B. D. HUNTER of COLT, INC. that the Planning Com- mission determine which zones would be acceptable for the sale, distribution , and assembly of Solar Energy Systems. Steve Fleshman presented the staff report reference the above request and stated that staff recommended that the above mentioned use would be allowable in the C-1 and S-I Zones by right and in the PC(3) and P-I Zones by Development Plan approval . BILL HUNTER, 72-685 Bel Air Road, Palm Desert, California, spoke to the Commission reference the above request. After a short discussion among the Commissioners and Mr. Hunter reference what areas of the City would be appropriate for such a use, Commissioner Kelly made a motion to approve Planning Commission Resolution No. 161, finding that the use would be allowable in the above mentioned zones. Commissioner Berkey seconded the motion. Motion carried unanimously. . IX. DESIGN REVIEW BOARD ITEMS A. Review of Cases presented to the Design Review Board at their meeting of June 22, 1976. Steve Fleshman presented the Design Review Board items. The first case reviewed with the Commission was Case No. 31MF. The applicant, Mr. Babcock was present and questioned the wording of Condition No. 5(b) reference undergrounding. Mr. Fleshman suggested rewording Condition No. 5(b) as follows: "The applicant shall comply with the intent of the undergrounding ordinance to the satisfaction of the City staff. " Commissioner Van de Mark agreed with Mr. Fleshman 's rewording. The second case reviewed was Case No. 33C. It was decided that Con- ditions No. 12 and No. 13 should be added to the existing 11 Conditions of Approval and should read as follows: "12. The applicant shall grant an easement on a portion of the property to the City for access and parking purposes in a form acceptable to the City Attorney. " "13. The applicant shall agree in writing to join any assessment Now district formed that includes the subject property within its boundaries. " -6- MINUTES PLANNING COMMISSION MEETING JUNE 29, 1976 IX. DESIGN REVIEW BOARD ITEMS (continued) The next two cases presented were No. 37MF and 32C. It was decided that no changes should be made to these cases. Commissioner Berkey made a motion to adopt Planning Commission Re- solution No. 162, approving the actions of the Design Review Board meeting of June 22 , 1976, with the above noted modifications and additions to the Conditions of Approval for Cases No. 31MF and 33C. Commissioner Van de Mark seconded the motion. Motion carried unani- mously. X. ORAL COMMUNICATIONS - None XI . COMMENTS A. City Staff - None B. City Attorney - Not present C. Planning Commissioners Chairman Wilson stated that it would be in order to nominate a Vice-Chairman for the Planning Commission since this item was overlooked when the Chairman was appointed. Commissioner Mills nominated George Berkey for the position of Vice-Chairman of the Planning Commission. Commissioner Van de Mark seconded the nomination. The nomination was carried with the following vote: AYES: Kelly, Mills , Van de Mark, Wilson W&W ABSTAIN : Berkey There was a short discussion among the Commissioners reference the reactions to the joint City Council/Planning Commission study ses- sion. The Commissioners directed staff to notify the City Council that the above mentioned study sessions should be conducted on a quarterly basis. XII . ADJOURNMENT Commissioner Van de Mark moved to adjourn the meeting at 9:16 p.m. Commissioner Mills seconded the motion. Motion carried unanimously. l PAUL A. WILLIAMS, SECRETARY ATTEST: % OY W ON ,`CHAI RMAN Now -7-