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HomeMy WebLinkAbout0125 MINUTES PALP� DESERT PLANNIPJG COP�IP�ISSION SPECIAL MEETING JANUARY 25, 1977 7 PM - CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER A special meeting of the Palm Desert Planning Commission was called r�,, to order by Chairman Wilson at 7:02 p.m. in the Council Chambers in the Palm Desert City Hall . II. PLEDGE - Commissioner KELLY III. ROLL CALL Present: Commissioner BERKEY Commissioner KELLY Commi ssi oner P1I LLS Commissioner READIPdG Chairman WILSON Others Present: Paul A. Williams - Director of Environmental Services Hunter Cook - City Engineer Steve Fleshman - Associate Planner Sam Freed - Assistant Planner IU. P�IINUTES �, A, MINUTES of the �leeting of January 18, 1977. The following corrections were noted by f�r. 6Jilliams: Page 4, 2nd paragraph, change the wording as follows: "Commissioner Kelly was concerned about the roof treat- ment on the back of the first model . " Page 4, 4th paragraph from the bottom, change the last three lines to read as follows: " . .student housing situation; however, there seemed to be a desire by property owners and developers to cen- tralize student housing whereas the report indicated just the opposite. " Page 5, 6th paragraph, last line, change "college" to read �; ' "housing" and add "for the college students. " after "mediation � board". � �., � Page 5, 9th paragraph, add the following sentence to the end � . of the paragraph: �-- � z �' "This experience would be beneficial to the new Commiti�ee. " � � � Z -�.� Page 5, lOth paragraph, last sentence, change "off the graund." �� to read "organized." A motion of Commissioner Mills, seconded by Commissioner Reading, to approve the minutes of the meeting of January 18, 1977, as corrected, was unanimously carried. January 25, 1977 Page One MINUTES PALM DESERT PLANNING COMMISSION SPECIAL P�EETING V. WRITTEN COMMUNICATIOPJS Mr. Williams stated that the only written communications were those received pertaining to cases on the agenda and these would be dis- cussed at the appropriate times. VI. PUBLIC HEARINGS � Chairman Wilson asked that it be noted for the record that the Com- mission had met in a Study Session prior to tonight's meeting for the purpose of asking questions of staff and to look at the items on the agenda. Further, he stated that no attempt was made to arrive at any decisions. Chairman Wilson then explained the Public Hearing procedures to those present. A. CASE PJO. TT 9129, MARRAKESH, APPLICANT Request for approval of a 26-unit, 27-lot subdivision in the PR-3 Zone District, located on the south side of Grapevine, west of Portola Avenue, within the Marrakesh Country Club. Mr. Williams presented the staff report to the Commission. Said report included a description, brief history, and back- ground of the project. Mr. Williams explained that this is the final phase of Marrakesh, which was previously approved as Phase IU of this Tract. Finally, Mr. Williams stated that due to problems with the tract design pertaining to drainage, staff was recommending a continuation of this � Hearing to the Planning Comnission meeting of February 15, 1977. Further, Mr. Williams explained that the applicant had concurred with the staff's recommendation for a con- tinuance. Chairman Wilson stated that since this was an advertised Public Hearing, the Commission would take any testimony even though the staff' s recom- mendation was for a continuance. Chairman Wilson then asked if there was anyone present who wished to speak in FAVOR of the project. Being no one, he then asked if there was anyone present who wished to speak in OPPOSITION to the project. Being no one, Chairman Wilson stated that a motion would be in order. Commissioner Berkey moved that the Planning Commission continue Case Pdo. TRACT 9129 to the Planning Commission meeting of February 15, 1977. Commissioner Kelly seconded the motion; motion unanimously carried. B. CASE N0. DP 02-77, DEEP CANYON LTD. , APPLICANT Request for approval of a Development Plan for a 200-unit Planned Residential Development in the PR-5,N Zone District, on 47.5 acres of land located at the southeast corner of 44th Avenue and Deep �r. Canyon Road. January 25, 1977 Page Two ��� MINUTES PALT�1 DESERT PLANNING COT-9MISSION SPECIAL P�EETING Mr. Williams explained that this was a request for approval to be granted for a 200-unit planned residential development. l�r. Williams then presented the staff report to the Commission. Said report included a description and background of the pro- ject. Highlights of the report included the applicant's pro- posal to dedicate 4.2 acres of land to the City for a park, the installation of a masonry wall along the full frontage of Deep Canyon Road and 44th Avenue, and the fact that this pro- �TM ject was exempt from the requirements of CEQA as an EIR was o _ previously prepared for a similar project on the same property E,, i n 19 72. a � � Further, Mr. Williams stated that some of the concerns expressed �'A � in the staff report were whether or not the project meets the W intent and purpose of the PR zone; also, if the project meets f— the requirements of the P�atural Factory Overlay Zone, and third- Z � ly, the requirement of the PR Zone for 50% of the project to be � � in common open space. Chairman Wilson asked if there were any questions of staff at this time. Being none, Chairman Wilson opened the Public Hearing on Case No. DP 02-77 and asked if the applicant was present. FRANK URRUTIA, Architect for the project, 73-350 E1 Paseo, spoke to the Commission as a representative of the applicant for this case. Mr. Urrutia stated that after reviewing the conditions of approval for the project, the applicant had no objections. Further, he stated that he felt the project was going to be an asset to the community. Mr. Urrutia spoke briefly regarding the corrmon open space and the park dedication. Chairman Wilson asked the Commission if they had any questions of the '�"" applicant at this time. Being none, Chairman Wilson asked if there was anyone present wishing to speak in FAVOR of the proposed project. Being no one, he then asked if there was anyone wishing to speak in OPPOSITIOPJ to the project. DENPdIS HODGE, 44-555 Deep Canyon Road, spoke to the Commission and stated that he lived on the opposite side of the street as the proposed project and he was concerned with the installation of the masonry wall . P�r. Williams explained that the intent was to have a solid wall and that the conditions of approval required landscaping and sidewalk installation on the exterior of the wall . Mr. Hodge stated that he objected to the installation of the wall . Mr. Williams stated that in reviewing the roads like Deep Canyon and 44th Avenue, which are high traffic volume roads, staff was of the opinion that in order to mitigate noise, they were requesting the installation of the masonry wall . There was a brief discussion between Mr. Hodge and Mr. Williams pertaining to traffic volumes and noise levels. � Chairman Wilson suggested that Mr. Hodge come into City Hall and talk to the staff regarding his objections. JIM RICHARDS, 74-470 Abronia Trail , spoke to the Commission as a property owner of property that abuts Deep Canyon Road. Mr. Richards questioned staff regarding the ultimate width of Deep Canyon Road and just how far north the road would be widened. January 25, 1977 Page T��ree MINUTES PALP� DESERT PLANNING COMMISSION SPECIAL MEETING Mr. Williams explained that the plans were to widen Deep Canyon Road to an ultimate width of 88' along the north side of Highway 111, extending to as far as Magnesia Falls Drive. There was a short discussion pertaining to traffic volumes on Deep Ca►�yon Road and 44th Avenue. � DENNIS HODGE, 44-555 Deep Canyon Road, again spoke to the Com- mission pertaining to the ultimate widening of Deep Canyon Road. Further, he stated that there was a great need for a traffic sig- nal at the intersection of Deep Canyon Road and Highway 111. At this time, Chairman Wilson asked if there was anyone else wishing to speak in OPPOSITION to the project. Being no one, he then asked if the applicant cared to make a rebuttal . Mr. Urrutia answered no. Chairman Wilson then closed the Public Hearing on Case No. DP 02-77 and asked the Commission to take the matter under consideration. Chairman Wilson stated that the Commission had received testimony from neighbors of the project who were objecting to the masonry wall . Further, the Commission must decide if this project truly meets the intent and purpose of the PR Zone and the Natural Factors Overlay Zone. Finally, was the reduction of common open space from 50% to 31% acceptable to the Commission. Commissioner Berkey stated that we have here a date garden that was intended to be preserved as much as possible so it was put in an "f�" �"''' and "PR" zone. He further stated that the Commission had before them a standard subdivision with minimum lot sizes. Also, that the PR Zone was intended to provide for creative and innovative designs; whereas, he did not feel this project met those requirements. Finally, he stated that he would like to see this project go back to the drawing board. � � Commissioner Kelly stated that she really did not believe that this �' � project meets the intent and purpose of the PR zone. Further, she s� —�i stated that she was concerned with the preservation of the date groves c�'n and also with the common open space factor. Commissioner Kelly further � expressed her concern regarding the crowded school situation. � Commissioner Mills stated that he agreed with Commissioner Berkey that � this project should be restudied. Commissioner Reading stated that he too agreed with Commissioner Berkey that this project should be restudied. Chairman Wilson stated that the project looked like a typical subdivision; not something that was creative and innovative. Further, he was concerned with the date grove preservation. Chairman Wilson then stated that he was also very much concerned with the fact that the EIR which staff had mentioned in their report was dated in 1972. Also, he stated that it seemed to him that the Commission should take a look at the demographics for the school ,�, population. He stated that he felt the school district should be contacted to see just what plans they had for keeping up with the development in the City of Palm Desert. Mr. Williams then explained that the Commission could continue the matter for a time to allow the applicant to reconsider the project; or the Commission could deny the request; it would depend on how much of a change they were suggesting. January 25, 1977 Page Four MINUTES PALM DESERT PLANfJING CO��IMISSION SPECIAL MEETING Corr�nissioner Berkey moved that the Planning Commission continue the matter to the first meeting in March. He stated that we need some- thing that will provide adequate open space, preservation of trees, upgrading the innovation, and something that will do justice to the location. Chairman Wilson re-opened the Public Hearing to take any input from � the applicant. CARL MEISTERLIN, 73-261 Highway 111, spoke to the Commission and stated that he was the regional manager for Walker & Lee Real Estate. Further, he had worked closely with the archi- tect and developer for the project and that they had been working on said project for over 5 years. Mr. Meisterlin stated that he disagreed with Commissioner Berkey' s motion for a continuance. He also stated that 4 marketing studies had been completed on the project and that a 5th study was being worked on at this time. He said that these studies definitely showed a need for a family-type project such as this. He then requested that the Commission not vote for a continuance. Chairman Wilson asked Mr. Meisterlin if this was a timing objection. Mr. Meisterlin stated that time was a critical factor to the developers; however, they were willing to work with the City o � to make sure this gets done right. W Chairman Wilson asked if there was any additional rebuttal . Being Qnone, he then closed the Public Hearing and stated that the Commis- ' � sion had a motion before them. He stated that the Commission was � �` j not objecting to the concept that there are needs for this type of z housing. Further, he stated that he felt if the Commission approved ��� this project, they might be setting a precedent for deviating from the Planned Residential standards and that a more innovative and creative design was needed for this type of subdivision. Commissioner Berkey stated that he too felt this would set a sub- standard precedent if it were approved. Commissioner Kelly seconded Commissioner Berkey's motion for a con- tinuance to the first meeting in March (March 1, 1977). The motion was unanimously carried. C. CASE N0. TT 9144, DEEP CANYON LTD. , APPLICANT Request for approval of a Tentative Map for a 200-1ot subdivision for a Planned Residential Development on 47.5 acres of land in the PR-5,�� Zone District and located at the southeast corner of Deep Canyon Road and 44th Avenue. Mr. Williams stated that due to the Commission's prior action on the Development Plan (DP 02-77) for this Tract, staff was � recommending a continuance of this matter to the first meeting in March; if it was agreeable with the applicant. Chairman Wilson asked if the applicant would like to come forth and discuss staff's recommendation for a continuance. January 25, 1977 Page Five MINUTES PALP� DESERT PLANNING COMMISSION SPECIAL MEETIPdG HAROLD HOUSLEY, Civil Engineer representing the developers on this case, 73-700 Highway 111, spoke to the Commiss�on and re- quested clarification on some of the conditions of approval. He explained that they had not received the revised set of conditions until just prior to tonight' s meeting. Hunter Cook, City Engineer, stated that he would like to suggest that if the Commission did plan to continue the � matter, he would be available to meet with the developers and Mr. Housley to resolve any clarification of the con- ditions of approval . Chairman Wilson asked Mr. Housley if this would be agreeable, Mr. Housley answered yes. Chairman Wilson stated that the Public Hearing was open on Case No. TT 9144 and was there anyone present who would like to address themselves to the staff recommendation for a continuance. Being no one, he then asked if there was anyone in OPPOSITION to the continuance. Being no one, he then asked for a motion. Commissioner Berkey moved to continue Gase PJo. TT 9144 to the Plan- ning Commission meeting scheduled for March 1, 1977. Commissioner Reading seconded the motion; motion unanimously carried. D. CASE N0. C/Z 01-77, A. D, BABCOCK & DURCO CONSTRUCTION COMPANY, APPLICAfdTS Request for a Change of Zone from PR-16 (Planned Residential , 16 �"" Units Per Acre) to R-3 (Multiple Family Residential , 17.4 Units Per Acre) , or other more appropriate zones on 2.475 acres of land located on the north side of Shadow Mountain Drive between Lupine Lane and Tumbleweed Lane. Mr. Williams stated that Mr. Fleshman would present the staff report to the Commission; however, he did want to review the correspondence which staff had received today from Mr. Robert B. Owen, a property owner and resident in the area of the pro- posed Change of Zone. Mr. Williams stated that the letter from Mr. Owen was a letter in favor of the Change of Zone as proposed, from PR-16 to R-3. P�r. Fleshman then presented the staff report to the Commission. He explained that this request for a Change of Zone would require Planning Commission recommendation to the City Council for approval , Further, he gave the background of the project and a short discus- sion pertaining to the original Sandroc development. Mr. Fleshman also requested that the Planning Commission add 40,000 square feet to the R-3 designation to prevent any parceling into several smaller lots. Finally, Mr. Fleshman stated that staff was recommending that the Planning Commission adopt Resolution No. 210, recommending approval of the Change of Zone to the City Council. He gave the following jus- tifications: "�`' 1. The Change of Zone does c'onform to the Palm Desert General Plan and it will not affect the health, safety, or general wel fare of the corrnnnuni ty. 2. The Change of Zone will result in a decrease in density, without an overall decrease in amenities. January 25, 1977 Page Six MINUTES PALM DESERT PLAPJNING COMMISSION SPECIAL MEETING Chairman Wilson asked if there were any questions of staff at this time. Commissioner Berkey asked staff if the density were decreased, would the open space also be decreased. Mr. Fleshman explained that in order to get a more orderly development and use the entire site, the applicants were �' asking for an R-3 designation. Chairman Wilson asked if there were any additional questions of staff. Being none, he opened the Public Hearing on Case No. C/Z O1-77 and asked if the applicant was present. CURT DUNHAM, 71-888 Vista Del Rio, Rancho h1irage, spoke to the Commission as a representative of Durco Construction Company, the applicant. �Mr. Dunham stated that he would like to reserve any comments to see if there was any op- position to the Change of Zone. Chairman Wilson asked the Commission if there were any questions of the applican�G at this time. Being none, he then asked if there was anyone present wishing to speak in FAVOR of the proposed Change of Zone. Being no one, he then asked if there was anyone wishing to speak to the Commission in OPPOSITION to the proposed Change of Zone. ROBERT STEIJART, 73-340 ShadoN� Mountain Drive, #35, spoke to the Commission and advised them that none of the residents of the Sandroc condominiums had received notification of the Public Hearing for this "case. Further, he spoke about his concern with the type of development around the tennis courts. Finally, Mr. Stewart stated that he was requesting that this � matter be continued so as to give proper notification to the property owners within 300 feet of the location. Chairman t�Jilson asked staff to check the file to see if proper noti- fication had been made. In order to give staff time to check the file, Chairman Wilson asked if there were any residents of the Sand- roc project that were present. LEE BARRY, 73-340 Shadow �lountain Drive, spoke to the Commission and stated he was the president of the Sandroc Homeowners Associ- ation and that no one at Sandroc had received any notification of the Public Hearing. Chairman Wilson asked staff if any of the Sandroc owners were listed. Mr. Williams answered no, that the property list had been submitted by the applicant and that it was supposed to be checked by the staff. Chairman Wilson asked if there was anyone else wishing to speak to the Commission. ALLEPJ BARRY, 45-405 Lupine Lane, spoke to the Commission and stated he was the Secretary-Treasurer of the Sandroc Homeowners Association. � Further, he stated that he and Mr. Lee Barry were present at tonight' s meeting in order to ask for a continuance of the matter as they did not want to accept the responsibility of speaking for the 44 homeowners at Sandroc. Chairman Wilson asked the applicant if he had anything further to say. January 25, 1977 Page Seven MINUTES PALM DESERT PLANNING COMP�ISSION SPECIAL MEETING Curt Dunham stated that the applicant was attempting to make the zone compatible with the Palm Desert General Plan. Chairman Wilson asked if there were any further questions of the ap- plicant by the Commission. Mr. Williams stated that the matter should not be discussed any further as it may prejudice the case. He asked the Cornmission to � direct staff to re-notice the matter and continue the Change of Zone to the P1arch 1, 1977 meeting. Commissioner Mills moved to continue this item to the regularly scheduled Planning Commission meeting of March 1, 1977 with a direction for staff to re-notice the matter to contact all property owners within 300 feet; taking special care with the San�roc residents. Commissioner Kelly se- conded the motion; motion unanimously carried. E. CASE N0. DP 01-77, R. B. GOODEN, APPLICANT Request for approval of a Planned Commercial Development for a 160 room hotel complex with related recreational and commercial uses on a 9-acre parcel in the PC(4) ,S.P. Zone District and lo- cated at the southeast corner of Highway 111 and 44th Avenue. Mr. Williams presented the staff report to the Commission. Said report included the applicant's request, a background of the pro- ject, description of the project, and a discussion pertaining to the staff's major concern regarding the parking deficiency. Mr. Williams also explained that the issue in review of this project was whether or not it met the intent and purpose of the Planned � Commercial-Resort Zone. He stated that staff felt that the pro- ject did meet said intent and purpose. With regard to the parking situation, P1r. Williams explained that if the Zoning Ordinance was followed to the letter, the development would be 79 parking spaces short. h1r. Williams then reviewed the Special Conditions of Approval per- taining to the project. He noted that there was an error in Con- dition �Jo. 15, and stated that it should read "glass" instead of "smoke". Chairman Wilson asked if there were any questions of staff at this time. Commissioner Kelly asked for a clarification of Condition �Jo. 14. Mr. 4�illiams stated that staff was suggesting that sic�ns not be discussed at this time but as a part of the Design Review Board Process. Commissioner Berkey asked staff what the actual number of parking spaces was as depicted on the re-design, which will be required to provide ade- quate parking according to the Zoning Ordinance. � Mr. Williams answered 409 spaces. January 25, 1977 Page Eight There was a brief discussion pertaining to the number of parking spaces required and the number of accesses. The Commission and staff concurred that the following revisions should be made to the Resolution: On page 1 of said resolution, change 390 spaces to 378 spaces. Also on page 1, chanqe the maximum number of accesses to read: "from two to four" Also on page l, change 19 spaces to 31 spaces. On page 2, change 19 spaces to 31 spaces. '�'' Also on Page 2, change number "5" as follows: "The increase in the number of accesses to the project is justified since the single in- gress and the single egress approved for the Highway 111 frontage is limited to entry only which requires at least two openings on 44th Avenue. " Commissioner Berkey then asked for a clarification of Special Condition No. 20 pertaining to the applicant's participation in the cost of a traffic signal to be installed at Highway 111 and 44th Avenue. He questioned whether or not the applicant would have to pick up all of the City's cost involved. Mr. Williams explained that the applicant would be required to pay for 1/8 of the cost or the City's cost, whichever is less. City Engineer Cook explained that this was in case the City gets the grant pertaining to participation in the cost of the instal- lation of the signal . Commissioner Berkey asked the City Engineer if this intersection meets the warrants for installation of a traffic signal at this time. Mr. Cook answered yes. �' Mr. Williams stated this would depend on whether or not the funding program goes through. Chairman Wilson asked if there were any other questions of staff at this time. Commissioner Reading questioned Condition No. 23 pertaining to the raised median and asked how far the 450 feet would go. � � Mr. Fleshman pointed out the exact length on the map for Commissioner � Reading. z w Q Commissioner Reading then stated that if the applicant was going to be cn required to install a median, they should be required to install it for � �� the full length to the intersection. The Commission concurred and staff Z recommended that Condition No. 23 be re-worded as follows: � 23. A raised median shall be installed in Highway 111 for sufficient length east of 44th Avenue to adequately control access to east- bound Hingway 111. Chairman Wilson opened the Public Hearing on Case No. DP 01-77 and asked if the applicant was present. � FRANK URRUTIA, 73-350 E1 Paseo, spoke to the Commission as a repre- sentative of 1�1r. Gooden, the applicant, f1r. Urrutia stated that Mr. Gooden could not be present at tonight's meeting. Further, Mr. Urrutia stated that staff had pretty �vell explained the intent of the project, h1r. Urrutia also stated that they had had little time to review the revised set of conditions and he would like to reserve his comments until a later time. Further, he stated they were not opposed to the changes to the parking plan and that they concurred with the turn-around concept. January 25, 1977 Page iVine MIfJUTES PALM DESERT PLANNING COMMISSION SPECIAL PIEETING Chairman Wilson asked Mr. Urrutia approximately how many rooms would be located on the third floor of the structure. Mr. Urrutia answered that there would be 35 rooms. Chairman Wilson then asked if there was anyone present wishing to speak in FAVOR of the proposed project. Being no one, he then asked if there �r.,. was anyone present wishing to speak in OPPOSITIO�� to the proposed project. Being no one, Chairman Wilson then closed the Public Hearing on Case fdo. DP 01-77 and asked the Commission to take the matter under discussion. Commissioner Mills asked the staff if the Commission would see this project again in some other fashion. Mr. Williams answered that the Commission �vould see this project again during the Design Review Board Process and also if there were any later changes to the project. Commissioner Kelly stated her first concern was the parking deficiency; but that with staff' s proposed revisions, she could not see any problems. Commissioner Kelly also stated that with regards to the raised median located at the first entrance to the hotel site, she could not foresee any problems. o ` Commissioner Berkey stated that he agreed with Commissioner Reading and z ommissioner Kelly. Further, he could find no fault with the project; w � he felt it was a good project. � Q � � Commissioner Mills stated he had nothing further to add. � � Z � Commissioner Reading commented that it was a nice, well-planned project. � � Chairman Wilson stated that he was still concerned about the parking situation due to the type of activities that would be going on within the project. Further, he stated that we have seen projects where we have met the parking standards and still have parking problems that exist, He stated that he would like to see the square footage of the restaurant reduced to bring the parking deficiency r�ore in line. Commissioner Reading asked Mr. Urrutia what type of restaurant was pro- posed for the complex. n a �` Chairman Wilson re-opened the Public Hearing to allow Mr. Urrutia to � `` answer Commissioner Reading's question. s � � ^��, Mr. Urrutia stated that it would definitely not be a "chain" type � � restaurant and that it would possibly be line a "steakhouse" type. � �Z Chairman t�ilson asked h1r. Urrutia if there were any hotel rooms to be � i located in the basement. Mr. Urrutia stated there would be no rooms located in the basement. Chairman Wilson asked if there were any additional questions. Beirig none, he closed the Public Hearing and asked the Commission for their feelings. �,..► Commissioner Berkey stated that he felt the 4th "whereas" on the first page of the resolution should be deleted, as it was just a duplication. The rest of the Commission concurred. January 25, 1977 Page Ten MINUTES PALM DESERT PLANNING COMMISSION SPECIAL MEETING Commissioner Berkey then moved that the Planning Commission adopt Resolution No. 210, with the noted revisions to the resolution and the conditions of approval . Commissioner Mills seconded the motion. Mr. Williams asked if that would be subject to the revision of Condition No. 15 and No. 23. „�„ Comr•�issioner Berkey answered yes. Chairman Wilson stated he was still concerned about the parking dis- crepancy and asked how much flexibility there would be in the Design �� Review Board Process. � . � n Mr. Williams answered that the intent here with the recommendations � �� would be to provide the maximum number of parking spaces. Further, �� you will be limiting the development to a 156 hotel rooms, a 10,000 J � square restaurant, and 379 parking spaces. Further, with the re- � visions to the square footage of the restaurant there will be some additional flexibility. Chairman Wilson then stated that a minute motion to amend Commissioner Berkey's motion would be in order. After a short discussion pertaining to paricing space requirements, Chair- man Wilson moved that the resolution be changed to read 8,000 square feet for the restaurant. Commissioner Reading seconded the motion. There was another brief discussion pertaining to parking and P�1r. Williams explained the joint usage parking concept. Chairman Wilson asked if there was any further discussion on the minute � motion. Being none, he called for a vote on the motion; motion unani- o mously carried. Q � � Chairman Wilson then called for the vote on Commissioner Berkey's maim � , motion for the adoption of Planning Commission Resolut�on PJo. 210. Th� 1 vote was unanimous for approval . �w � � � � � F. CASE N0. CUP 10-77, CITY OF PALM DESERT, APPLICANT Request for approval of a City Maintenance Yard in the 'P' (Public Institutional ) Zone District and located on the south side of High- way 111, 200 feet east of Shadow Hills Road. Mr. Fleshman reviewed the request with the Commission. He stated that the establishment of a full-time Department of Public Works for the City of Palm Desert has created a need for a facility to store various items of public works construction, within the com- munity where it will be easily accessible. H�s report included a background and description of the project. Also, he explained that this was one of the only pieces of property properly zoned for such a use. Therefore, the staff was recommending approval of Planning Commission Resolution No. 211, subject to the attached conditions of approval ; based upon the following justifications: � 1. The proposed facility is necessary for the implementation of numerous public works projects and for use during emer- gencies within the City of Palm Desert. 2. The proposed project dues insure the protection of the public health, safety, and general welfare. 3. While the proposed project is not intended to be permanently located at the subject site, sufficient measures have been taken to mitigate any potential adverse impacts during its existence. January 25, 1977 Page Eleven MINUTES PALM DESERT PLANNIi�G CO���MISSIOfJ SPECIAL P9EETING Chairman Wilson asked if there were an,y questions of staff. Being none, he then opened the Public Hearing on Case No. CUP 01-77 and asked if there was anyone wishing to speak in FAVOR of the project. HUNTER COOK, 45-275 Prickly Pear Lane, spoke to the Commission and stated that they had looked for quite some time for a suitable location for this temporary maintenance yard. Ne briefly discussed � the positive aspects pertaining to the project. Chairman Wilson asked if there was anyone else present wishing to speak in FAVOR of the project. JACK HEPJNESSEY, 45-278 Deep Canyon Road, spoke in favor of the project stating that as a resident of the adjacent area he would have no objections to the proposed project. Chairman Wilson asked if there was anyone else present wishing to speak in FAVOR of the�.project. Being no one, he then asked if there was any- one present wishing to speak in OPPOSITIOPJ to the project. KELLY DELGATTA, 74-550 Shadow Hills Road, spoke to the Commission and stated she had just purchased her property three weeks ago. (Said property is an apartment complex which has its patios facing the proposed maintenance yard. ) Ms. Delgatta was very much opposed to the project. Chairman Wilson asked if there was anyone else present wishing to speak in OPPOSITION to the project. Being no one, he then closed the Public Hearing on CUP 01-77 and asked the Commission to take the matter under consideration. � Commissioner Read�ng commented that this was a much-needed facility and he asked Mr. Cook just what was meant by the word "temporary". A � Mr. Cook replied that temporary meant approximately two years. � z c -� Commissioner Mills asked Ms. Delgatta if her property was visual ,f�4m �-' = c�'n " the proposed location of the project. D � _ _. �___.�_____ ____..�- Ms. Delgatta stated that the patios of her apartments faced the - � rear of the proposed project. � Commissioner Mills asked Mr. Cook if this sight problem would be taken care of. Mr. Cook assured Commissioner Mills that the problem would be taken care of by the planting of oleanders around the perimeter of the project. There was a short discussion pertaining to noise and odor impacts, with Mr. Cook assuring the Commission that these impacts had been adequately handled. Commissioner Berkey requested that the word "lighting" be added to the first line of Condition of Approval PJo. 10, after "noise or odor". �"` There was another brief discussion pertaining to gas tanks and MR. DICK ARNOLD assured the Commission that there were no plans for a gas tank at the location. January 25, 1977 Page Twelve ' MINUTES PALM DESERT PLA^dPdING COP�T9ISSION SPECIAL MEETING � � � � � 2 � At this time, Chairman Wilson stated that he hoped that any neighbors '� who lived in that area and who had any objections, would bring their � �� objections to the Planriing Commission. � � z Commissioner Kelly moved that the Planning Commission adopt Resolution � fJo. 211, with the attached conditions of approval as amended. Commis- ., ` sioner Reading seconded the motion; motion unanimously carried. ilr... There was a brief recess at 8:50 p.m. The meeting reconvened at 8:58 p.m. G. CASE N0. PM Z136, R. W. BOLMEIER & JENS HARBOE, APPLICA�JTS Request for approval of a Tentative Parcel Map to subdivide a 2.64 acre parcel into one lot of 2.04 acres and one lot of 0.6 acres, on property located in the C-1 Zone District and situated at the southwest corner of E1 Paseo and Lantana, Mr. Williams explained the request and gave a background of the project. Further, he stated that staff was recommending approval of the Parcel Map by Planning Commission Resolution tJo. 212, sub- ject to the attached conditions of approval . Chairman Wilson opened the Public Hearing and asked if the applicant was present. C. ROBERT HUBBARD, 22 Stanford Drive, Rancho Mirage, spoke to the Commission and stated that he was one of the owners of the property in question. He explained what type of project was proposed for tVie property in question - a financial institution and office space. "� He further stated that the owners objected to the requirements as listed in the conditions of approval. He stated that they felt that requiring the applicant to agree to the conditions before the property was developed would be "getting the cart ahead of the horse". Finally, he stated that they would be willing to agree to the conditions of ap- proval at such a time as when the plans were presented; however, they were asking the Corr�ission to da away with the conditions at this time and wait until they present the plans to go into construction. Cha9rman Wilson asked if there was anyone present wishing to speak in FAVOR of the Parcel Map. Being no one, he then asked if there was anyone present wishing to speak in OPPOSITION to the Parcel P�ap. Being no one, Chairman Wilson closed the Public Hearing on PM 9136 and asked the Com- mission to take the matter under advisement. Chairman Wilson stated that the Commission had before them the explanation from staff and the major issue that has been brought up by the applicant; which is whether or not the Conditions of Approval , particularly Condition No. 3 pertaining to curb, gutter, etc. , are premature. Chairman Wilson then asked the Commission for their feelings. Commissioner Berkey stated that he felt the conditions of approval would be a bit premature at th7s state. 2j� Commissioner Reading stated that he agreed with Mr. Hubbard. � ���FS 1I �f�l'► 5_ �,'7 Commissioner Mills stated that he also agreed with Mr. Hubbard. �� Fti4�.� Commissioner Kelly stated that she agreed with Commissioner Berkey in '� � that the conditions would be taken care of when the land was developed. January 25, 1977 Page Thirteen MINUTES PALP1 DESERT PLANNING COMMISSION SPECIAL MEETING There was a discussion among the Commissioners, the staff, and the City Engineer pertaining to the Conditions of Approval . The consen- sus was that the Conditions should remain but should be reworded and re-numbered as follows: 1. The Tentative Parcel Map is granted for the land as described in the application and any attachments thereto, and as shown +� on the plot plan as revised, labeled Exhibit A, and the require- ments herein. 2. All requirements of any law, ordinance, or regulation of the State, City, and any other applicable government entity shall be complied with as a part of any construction, including the installation of the following: a. Install curb, gutter, ten (10) foot sidewalk, and paving as necessary on Larrea Street and Lantana Avenue to pro- vide ultimate 44 foot travelled wa�. b. Install ten (10) foot sidewalk along the full E1 Paseo frontage. c. Install street lights at the intersection of Lantana Avenue with E1 Paseo and Larrea Street. d. All work in the public right-of-way shall be constructed in conformance with the City standards, specificat�ons, and the requirements of the City Engineer. e. Street trees shall be planted along all street frontages in accordance with the requirements of the City Engineer. � Commissioner Berkey moved that the Planning Commiss�on adopt Resolution No. 212, with the revisions to the Conditions of Approval as noted above. Commissioner Reading seconded the motion; motion unanimously carried. H, CASE N0. ZOA O1-77, CITY OF PALM DESERT, APPLICAPJT Request to amend Article 41 of Chapter 25 of the Palm Desert Municipal Code (The Zoning Ordinance) regulating the procedures for the implementation of the Environmental Quality Act of 1970, in order to bring the Article into conformance with recent changes adopted by the California Secretary for Resources. Mr. Williams reviewed the request with the Commiss9on and stated that staff was recommending adoption of Planning Commission Reso- lution No. 213, recommending to the City Council adoption of the Ordinance amending Article 41 of the Palm Desert Zoning Ordinance. Chairman Wilson asked if there were any questions of staff. Being none, he then opened the Public Hearing on Case No. SOA 01-77 and asked if there was anyone present wishing to speak in FAVOR of the Zoning Ordinance Amend- ment, Being no one, he then asked if there was anyone wishing to speak in OPPOSITION to the proposed Zoning Ordinance Amendment. Being no one, Chair- � man Wilson then closed the Public Hearing and asked the Commission for their feelings. January 25, 1977 Page Fourteen MINUTES PALM DESERT PLANNING COMMISSION SPECIAL MEETING Commissioner Reading moved that the Planning Commission adopt Resolution No. 213, as recommended by staff. Commissioner Mills seconded the motion; motion unanimously carried. VII. OLD BUSINESS �,..� None VIII. NEW BUSINESS A. Consideration of a Proposed City Council Resolution amending the EIR procedures. Mr. Williams explained the request to the Commission and stated that sweeping changes had been made to the entire Environmental Impact Report (EIR) procedures. Therefore, staff was recomr�ending approval to the City Council of the resolution pertaining to the amendment of the EIR procedures. Chairman Wilson asked if there were any questions of staff at this time. Being none, he asked the Commission for their feelings on the matter. Commissioner Mills moved that the Planning Commission adopt Resolution No. 214, as recommended by staff. Commissioner Reading seconded the motion; motion unanimously carried. � IX. DESIGN REVIEW BOARD ITEMS A. Review of Cases approved at the Design Review Board meetings of January 11, 1977 and January 19, 1977. Mr. Williams stated that before getting involved in the Design Review Board items, staff was recommending continuance of Case No. 52MF as it was related to Case PJo. DP 02-77, which the Plan- ning Commission had just continued to the March 1, 1977 meeting. Further, staff was recommending a continuance of Case No. 23SA to the meeting of February 15, 1977, as the applicant was not able to be present at tonight' s meeting. Mr. Williams then asked Mr. Fleshman to present the remaining Design Review Board cases. The first case presented by Mr. Fleshman was Case No. 46C and he explained to the Commission that this was a request for preliminary approval of a 160-room resort hotel development for ROBERT GOODEN. Mr. Fleshman gave a detailed description of the project. Said de- scription included a presentation to the Commission of the elevations and colors & materials board. Commissioner Berkey asked about the roofing material . �r.r Mr. Urrutia explained that the roofing material was metal with an enamel finish, a flat finish, and traditional architecture (turned roof). January 25, 1977 Page Fifteen MINUTES PALM DESERT PLANNING COMMISSION SPECIAL MEETING Chairman Wilson was concerned about the possible glare from the metal roofing. Mr. Urrutia stated that there would be no glare as the metal did not have a shine to it. Chairman Wilson then stated that he was concerned about the accent � colors and he questioned where and how the colors would be used. Mr. Urrutia stated that the accent colors would be used for trim in the small access areas and would not be used on any large walls. Further, he stated that he did not believe these colors would be used on any doors. Chairman Wilson stated that he was still concerned that a "circus effect" would be created with the use of the accent colors. Mr. Fleshman assured Chairman 4dilson that the colors would again be reviewed during the construction drawing's stage. Chairman Wilson then asked the applicant if he had any questions per- taining to the Conditions of Approval . Mr. Urrutia stated that he had a question pertaining to Special Condition No. 3b on Case No. DP 01-77. He questioned why the width of ten (10) feet was required for the sidewalk. Mr. Williams explained that this would conform to the concept of the width required for commercial areas. There was a short discussion among the Commission, staff, and Mr. Urrutia �' pertaining to the sidewalk requirements, the median strip requirements, and the entrances and exists for the project. Mr. Fleshman suggested that the following sentence be added to Condition of Approval No. 1 on Case No. 46C: This project shall alsa conform to all requirements of Case No. DP 01-77. Chairman Wilson then asked what the pleasure of the Commission was per- taining to the remainder of the Design Review Board items. Commissioner Kelly moved to adopt Planning Commission Resolution No. 215, approving the Design Review Board actions of January 11, 1977 and January 19, 1977; including Cases No. 46C (with the revisions to Condition Pdo. 1) Case No. 22SA, Case No. 53MF, and Case No. 54MF. Commissioner Mills seconded the motion; motion unanimously carried. X. ORAL COMMUNICATIONS None � XI. COMP�ENTS A. City Staff None January 25, 1977 Page Sixteen r ti' MINUTES PALM DESERT PLANNING COMMISSION SPECIAL MEETING B. City Attorney PJone C. Planning Commissioners Commissioner Kelly stated she was still extremely concerned about � the crowded school situation in Palm Desert. She further stated she would like to see staff check into the problem. ,� � Mr. Fleshman stated that just today he had had a long conversatio �,, C with h1r. Roger Harlow of the Desert Sands Unified School District,v �; who was preparing an extensive study pertaining to decent develop- , U' ment and impacts of the development on the local schools. Mr. � Fleshman assured Commissioner Kelly that the School District was � aware of the problem � , � c� Commissioner Kelly then stated that she would like to see the Plan- - ning Commission somewhat involved in the matter. Mr. Williams added that staff was amazed that when they prepared the General Plan, the School District made no response to the City at that time, Commissioner Kelly then asked that a letter be sent to the State Division of Highways pertaining to the great need for the instal- lation of a traffic signal at the intersection of Highway 111 and 44th Avenue. She stated that she felt this matter really should be pushed due to the traffic hazards involved. Mr. Williams suggested that perhaps this should be a topic of dis- '� cussion for the joint Planning Commission/City Council Study Session. Chairman Wilson requested that staff contact Mr. Harlow in order to obtain a copy of the report which he is preparing at the request of Dr. Schoenfield. Chairman Wilson then commented that it had been a pleasure working with Steve Fleshman during his time of employment with the City and that the Commission wished him well in his new endeavors. XII. ADJOURNMENT Commissioner Mills moved to adjourn the meeting. Commissioner Reading seconded the motion and the meeting was adjourned at 9:51 p.m. ., ` � � ':�.s�- ���-� � �'``ar, ��� '��jL�'-'�!'�-�'-"--� PAUL A. WILLIAMS, SECRETARY � ATTEST: / � � �'r _/-� � �../'f-s'' _ � S OY WIL , CHAIRMAN P L DESE PLAfdNING COMM�ION January 25, 1977 Page Seventeen