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HomeMy WebLinkAbout1005 i E MINUTES PALM DESERT PLANNING COMMISSION MEETING OCTOBER 5, 1976 7 PM - 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 pm in the Council Chambers of the Palm Desert City Hall . II. PLEDGE OF ALLEGIANCE - Commissioner Kelly III. ROLL CALL: Present: Commissioner GEORGE BERKEY Commissioner GLORIA KELLY Commissioner NELSON MILLS Chairman S. ROY WILSON Absent: Commissioner MARY K. VAN DE MARK (excused absence) Others Present: Paul A. Williams - Director of Environmental Services Hunter Cook - City Engineer Steve Fleshman - Associate Planner Sam Freed - Assistant Planner IV. APPROVAL OF MINUTES A. MINUTES of the meeting of September 14, 1976 Mr. Williams suggested the following corrections be made to the above minutes: Page 3, 3rd paragraph from the bottom, rewrite the last sentence as follows: "Commissioners Berkey and Mills were extremely concerned with the proposed substandard right-of-way widths within the proposed ex- tension of Deep Canyon between the subdivision and the existing portion of Deep Canyon near 44th Avenue. " Page 5, 7th paragraph from the bottom, delete the phrase "of opinion". Page 5, 6th paragraph from the bottom, add the word "way" after the word "any". Page 7, 3rd paragraph under NEW BUSINESS, complete the word "reservoir". Mr. Hunter Cook requested that the following corrections be made: Page 3, 5th paragraph from the bottom, rewrite as follows : .. "Hunter Cook explained that the second sentence of Condition No. 6, which reads as follows, should be omitted due to the fact that it does not pertain to the current revision of the tract map. " Page 4, 2nd paragraph from the top, the last word of the second sentence, "signals" should be deleted and replaced with "street lights". A motion of Commissioner Mills, seconded by Commissioner Kelly, to approve the minutes, as corrected, of the September 14, 1976 meeting, was unanimously carried. October 5, 1976 Page One V. WRITTEN COMMUNICATIONS None VI . PUBLIC HEARINGS Chairman Wilson indicated to the audience that the Planning Commission had met in a study session prior to the meeting and that no decisions were made at said study session. He then described the Public Hearing procedures. A. CASE NO. CUP 1357, M & T INC. , APPLICANT �► Request for a 12-month time extension on the remaining 209 units of a planned residential development known as Mountainback, located in the PR-8 zone district on the west side of Highway 74, north of Por- tola Avenue, extended. Mr. Fleshman presented the staff report. His presentation included a re- quest that the Planning Commission approve a second 12-month time extension for CUP 1357, as amended in July of 1974; the staff recommendation that the Planning Commisssion approve the time extension, subject to conditions; and a complete background of the project. Chairman Wilson declared the Public Hearing open. Commissioner Kelly asked for clarification of the condition requiring the lighting plan. Mr. Fleshman replied that this referred to any exterior lights to be built on the site `- parking lights, house lights, landscaping lights, etc. Mr. Fleshman also indicated that previous conditions had been modified to re- quire two covered parking spaces per dwelling unit. SCOTT BIDDLE, representing the applicant (M & T INC) accepted the conditions and stated he would be available for questions. He stated that he antici- pated new construction by April of 1977. Chairman Wilson asked if there was anyone present who wished to speak to the Commission in FAVOR of the project. Being no one, he asked if there was any- one present who wished to speak in OPPOSITION to the project. There being no one, Chairman Wilson closed the Public Hearing on Case No. CUP 1357. Commissioner Kelly stated that she hoped that the time extension would be used to start new construction and not be wasted. Commissioner Berkey moved and Commissioner Kelly seconded to adopt Planning Commission Resolution No. 181, granting a 12-month extension to CUP 1357. The motion was unanimously carried. B. CASE NO. CUP 04-75, DR. ELDON PROCK, APPLICANT Request for a 12-month extension of the Planning Commission approval for a veterinary clinic situated in the C-1 zone district, located on the north side of Highway 111, east of Monterey Avenue Mr. Williams presented the staff report and indicated that this approval would extend the Conditional Use Permit and the Design Review Board approv- al until August 28, 1977. Chairman Wilson declared the Public Hearing open. DR. ELDON PROCK, 43-155 Portola Avenue, (applicant) spoke to the Commission and explained that the delay was the result of a lack of financing. He hoped to start construction in October of 1976. He stated that he would even accept a 6-month extension. Chairman Wilson asked if anyone was present who wished to speak to the Com- mission in FAVOR of the project. Being no one, he then asked if there was anyone who wished to speak in OPPOSITION to the project. October 5, 1976 Page Two CHARLENE ACOSTA, 44-860 San Antonio Circle, spoke to the Commission and voiced her concern about noise and odor problems. Chairman Wilson explained to Ms. Acosta that these problems were of prime concern to the Planning Commission when the project was first approved. Mr. Williams read the special conditions from the Conditional Use Permit, including the condition requiring a 1-year review period. Chairman Wilson closed the Public Hearing. Commissioner Kelly requested that staff send Ms. Acosta a letter fully ex- plaining the precautions the City was taking on this case. She also hoped that something could be done about loose dogs roaming that particular neigh- borhood. Commissioner Mills felt that a 6-month extension would be adequate. Mr. Williams recommended 12 months because the Conditional Use Permit re- quired that the use be in operation and not that the applicant begin con- struction. Commissioner Berkey's feelings were that this case represents unusual cir- cumstances in that the applicant had done everything the City had requested and that it would be an undue hardship on the applicant if the Commission did not grant the extension. Commissioner Kelly felt that the applicant was providing a needed service to the community. Commissioner Mills moved and Commissioner Berkey seconded to adopt Planning Commission Resolution No. 182, granting a 12-month extension to CUP 04-75. The motion was unanimously carried. w C. CASE NO. CUP 09-76, JEAN ELKINS, APPLICANT Request fora Conditional Use Permit to allow the expansion of an existing vow pre-school , situated in the R-1 zone district on the east side of San Luis Rey, 300 feet north of Alessandro. Z Mr. Williams indicated that since his daughter was enrolled in the pre-school , 5E .4 he was refraining from becoming involved in this case. At this point, Mr. Williams left the room and the duties of Secretary were assumed by Mr. Flesh- man. Mr. Fleshman presented the staff report on this case. His report indicated La L that the home was used entirely as a nursery school and not as a residence. Chairman Wilson declared the Public Hearing open. JEAN ELKINS, 44-745 San Luis Rey, applicant, spoke to the Commission and D stated she was available to answer any questions that anyone might have. Being no one present who wished to speak to the Commission either in FAVOR of or in OPPOSITION to the project, Chairman Wilson closed the Public Hear- ing. Commissioner Kelly commented that this was a much-needed facility. She then moved to adopt Planning Commission Resolution No. 183, granting CUP 09-76, subject to compliance with the conditions of approval . Commissioner Mills seconded the motion. Motion unanimously carried. Mr. Williams returned to the Council Chambers. VII. OLD BUSINESS None October 5, 1976 Page Three VIII. NEW BUSINESS A. CONSIDERATION OF THE SETTING OF A PUBLIC HEARING FOR THE RE-ZONING OF ALL AREAS IN THE CITY THAT ARE NOW ZONED 'S' STUDY, to R-E OR MORE APPROPRIATE ZONES. Mr. Williams discussed the need for re-zoning at this time due to the time limit of 12 months on the 'S' zone. Mr. Freed presented the staff report. His presentation included a re- view of the five remaining 'S' zoned parcels. Commissioner Kelly was concerned that some sites such as the 7-acre Par- cel "C" , north of the Community Park, would have adequate access for quite come time and should not be zoned for development at this time. Commissioner Berkey was concerned that the C.O.D. Specific Plan would have a considerable effect on some of these parcels. Commissioner Kelly moved and Commissioner Mills seconded that Parcel "A", Parcel "B" , and Parcel "E" be set for Public Hearing on November 3, 1976. Commissioner Berkey felt that Parcel "A" should be delayed. Commissioner Berkey moved and Commissioner Mills seconded that Parcel "A" be deleted from the first motion. This motion carried 3-1, with Chairman Wilson voting "no" because he felt that even if Parcel "A" were continued, it was important to get as much input on this parcel as was possible. Commissioner Kelly revised her motion setting Parcel "B" and Parcel "E" for Public Hearing on November 4, 1976. The motion unanimously carried. Chairman Wilson requested an up-dated report on all parcels for the Planning Commission meeting of October 19, 1976. B. CASE NO. 15SA, TIE-BREAKER RESTAURANT, APPLICANT Appeal by the applicant of the Design Review Board denial of his request to modify the sign program for the Tie-Breaker Restaurant. Commissioner Berkey moved and Commissioner Mills seconded to continue this case to October 19, 1976, since the applicant had indicated he would be unable to attend tonight's meeting. Motion unanimously carried. C. CASE NO. 30C, GEORGE RITTER, A.I.A. , APPLICANT Consideration of the Design Review Board approval of a new commercial- retail building on the south side of Highway 111, and an appeal by the applicant of Conditions No. 5, No. 14, and No. 15. GEORGE RITTER, 73-899 Highway 111, explained his concern about the condi- tions. He requested that Condition No. 5 be modified to permit him to post a cash bond for the cost of undergrounding rather than do it as a part of construction. He was also opposed to Condition No. 14, which re- quires that he join any assessment district created in this block, on the basis that this would deprive him of his right to vote and petition. He also stated that if he were to comply with Condition No. 15, giving the City free access over the parking area, that he would want to be assured that he could build future additions to his proposed structure to fully utilize excess parking which he is installing at this time. Mr. Williams suggested that Condition No. 5 be reworded as follows: 5. The applicant shall post a cash deposit for the pro-rata share of the cost of undergrounding the overhead utility lines at the rear of the subject property prior to the occupancy of the build- ing. Mr. Williams felt that the other conditions were standard and should not be changed. He was advised by the City Attorney that the requested agree- ment for 15 parking spaces credit for future building additions could not be provided by the City. October 5, 1976 Page Four r Commissioner Berkey wanted these matters clarified by the City Attorney and suggested that the matter be continued to October 19, 1976. Mr. Ritter agreed to the continuance. Commissioner Berkey moved and Commissioner Kelly seconded to continue Case No. 30C to the meeting of October 19, 1976. The motion was unani- mously carried. IX. DESIGN REVIEW BOARD ITEMS A. REVIEW OF CASES HEARD BY THE DESIGN REVIEW BOARD AT THEIR MEETING OF SEPTEMBER 21, 1976. Mr. Fleshman discussed the following cases which had been approved by the Design Review Board at their meeting of September 21, 1976: 39C - J & R ENTERPRISES - a new commercial building at Portola and El Paseo 40C - CHRIS HAENEL - a commercial building at El Paseo and Sage Lane 36MF - JOMO DEVELOPMENT - amendment to previous approval of a 4-unit condominium on Ocotillo Drive. Mr. Fleshman also reviewed the two cases that the Design Review Board had rejected. They were: 1) A new sign (3' x 10' ) for the CHINA GARDEN RESTAURANT on High- way 111 and San Marcos Avenue 2) Landscaping plans for the GILLIGAN commercial building on the south side of Highway 111, east of Portola Avenue. Commissioner Mills moved and Commissioner Kelly seconded to adopt Planning Commission Resolution No. 184, approving the Design Review Board actions of September 21, 1976. The motion unanimously carried. X. ORAL COMMUNICATIONS SKIP BERHORST, 45-730 San Luis Rey, presented a letter to the Commission on behalf of the SHADOW MOUNTAIN RESORT & RACQUET CLUB. Said letter re- quested that the Planning Commission grant a delay on the undergrounding +, requirement for the recent approval of 28 condominium units for the pro- ' �' ject. He indicated that because of the flood, the City Engineer preferred ►v to have the curb and gutter installed on San Luis Rey instead. z �, Hunter Cook, City Engineer, explained his position, pointing out that each time it rained, the City had to repair San Luis Rey, at great expense, and that the rainy season was still to come. Commissioner Kelly asked why the applicant shouldn' t post a bond for the undergrounding. Mr. Williams indicated that this was already covered by a previous tract map. Commissioner Berkey moved and Commissioner Mills seconded to adopt Planning Commission Resolution No. 185, amending Resolution No. 174, by deleting Con- dition No. 12 (undergrounding) and adding Condition No. 5 (curb and gutter) . Con- tow The motion unanimously carried. XI. COMMENTS A. CITY STAFF Mr. Williams asked that the regular November 2, 1976 Planning Commis- sion meeting be moved to November 3, 1976, because of the election. Chairman Wilson and Commissioner Berkey indicated that November 4, 1976, would be an even better date. October 5, 1976 Page Five Mr. Williams reminded the Commissioners that the bus tour would be on Saturday, in the morning, on October 16, 1976. Mr. Williams further reminded the Commissioners that the joint City Council/Planning Commission meeting was scheduled for October 26, 1976. B. CITY ATTORNEY None C. PLANNING COMMISSIONERS Commissioner Kelly wanted to remind staff to send the letter of ex- planation to Ms. Acosta. Commissioner Kelly also recommended that the residents of the C.O.D. Specific Plan area be advised of the City's activities. Chairman Wilson was concerned with the lack of fence around five con- dominium units at the end of Burroweed Lane. XII. ADJOURNMENT Commissioner Mills moved to adjourn the meeting. Chairman Wilson seconded the motion and the meeting was adjourned at 10:15 p.m. PAUL A. WILLIAMS, SECRETARY ATTEST: S. Y WILSO CHAIRMAN October 5, 1976 Page Six