HomeMy WebLinkAbout0215 ' ' MINUTES
PALM DESERT PLANNING COMMISSION MEETING
FEBRUARY 15, 1977
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 p.m. in the Council Cham-
�+ bers in the Palm Desert City Hall.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Present: Commissioner BERKEY
Commissioner KELLY
Commissioner MILLS
Commissioner READING
Chairman WILSON
Others
Present: Paul A. Williams - Director of Environmental Services
Hunter Cook - City E�gineer
Jeff Patterson - Acting City Attorney
Sam Freed - Assistant Planner
IV. APPROVAL OF MINUTES
A. MINUTES of the Special Planning Commission Meeting of January 25, 1977.
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The following corrections were noted:
Page 1, 3rd paragraph from the bottom, change to read as follows:
"This report would be beneficial to the new Commission,"
Page 3, 2nd paragraph, 4th line, change "Factory" to "Factors".
Page 4, 9th paragraph, change the last sentence to read as follows:
"Commissioner Kelly further expressed her concern regarding
the crowded district-wide school situation, compounded by
recently approved projects."
Page 5, 6th paragraph, delete the second sentence and replace with
the following:
"None was presented."
Page 9, 16th paragraph, at the end of the first sentence, delete
"the intersection." and add the following:
"beyond the entrance to the development."
�` Pa e 10 7th ara ra h move the entire ara ra h down two ara ra hs.
g � P g P � P g P P g P
February 15, 1977 Page One
Minutes
Palm Desert Planning Commission
February 15, 1977
IV. APPROVAL OF MINUTES (continued)
Page 10, 13th paragraph, 2nd line, change "line" to "like".
Page 11, 5th paragraph, 4th line, insert the word "foot" between
"square" and "restaurant".
Page 11, lOth paragraph, lst line, change "maim" to "main".
�
Page 11, 2nd paragraph from the bottom, first line, change "dues"
to "does".
Page 12, lOth paragraph, change "visual" to "visible".
Page 13, lst paragraph, add the following to the end of the sentence:
"when it reviews the project."
Page 13, 2nd and 3rd paragraphs from the bottom, change "Hubbard"
to "Berkey".
Page 17, 2nd paragraph, 3rd line, change "decent" to "recent".
A motion of Commissioner Berkey, seconded by Commissioner Mills, to
approve the minutes of the Special Planning Commission Meeting of Janu-
ary 25, 1977, as corrected, was unanimously carried.
V. WRITTEN COMMUNICATIONS
None
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VI. PUBLIC HEARINGS
Chairman Wilson asked that it be noted for the record that the Commission
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. CONTINUED CASE N0. TRACT 9129, MARRAKESH BUILDING & COUNTRY CLUB
Comznissioner Mills asked to be excused from the discussion on this case
due to a possible conflict of interest and left the council chambers.
Request for Tentative Tract approval for a 26-unit residential condo-
minium subdivision, the final phase of the Marrakesh project, located
south of Grapevine and east of Burroweed, extended. Continued from
January 25, 1977. (PR-3 Zone District).
Mr. Williams presented the staff report on the case. He outlined
concerns for drainage from the project onto Grapevine. He also
discussed potential screening recommendations along Grapevine.
Mr. Williams then discussed the recommended conditions of approval
�,,, with the Commission.
February 15, 1977 Page Two
� Minutes
' ' Palm Desert Planning Commission
February 15, 1977
Hunter Cook, City Engineer, explained the engineering principles
behind the request for the new drainage facilities along Haystack
and adjacent to Grapevine.
Chairman Wilson opened the Public Hearing and asked if the applicant was
present.
BRIAN JONES, 68-500 Sharpless, Cathedral City, spoke as a represen-
tative of Marrakesh. Mr. Jones told the Commission that the tract
'�' was originally approved but lapsed in time. Further, the tract re-
presented the last 26 units of a project that was started in 1968.
Mr. Jones stated that the new recommended conditions of approval
were excessive and very expensive and were not deemed necessary for
Tract 6229. Mr. Jones also stated that Marrakesh had already built
a storm channel on the west side of the property. He was also op-
posed to the sidewalk on Portola and Grapevine. Further, he felt
that, for security purposes, a single entrance was best and that the
residents of Marrakesh had agreed with this policy. Mr. Jones also
discussed the street light condition and the condition requiring a
drain on Haystack. Mr. Jones then requested a waiver of the park
fee requirement. He stated that Marrakesh created its own park atmos-
phere.
JOHN DAWSON, Vice President of Marrakesh, 47-328 Marrakesh, spoke to
the Commission regarding his opposition to the requirements for side-
walk, the wall on Grapevine, the street lights, the park fee, and new
drainage improvements.
FRANK HAMMERSCHLAG, Project Engineer, 555 Roxbury Drive, Palm Springs,
spoke to the Commission and stated that he disagreed with the carrying
of water along Grapevine onto Portola. He stated that he felt that re-
construction of the intersection would relieve nuisance water runoff
problems. He also stated that Condition No. 8 regarding access rights
�"' to Portola could pose a legal problem since that land had already been
turned over to the homeowners association.
Chairman Wilson asked if there was anyone present who wished to speak in
FAVOR of approval of the project. Being no one, he then asked if there was
anyone present wishing to speak in OPPOSITION to approval of the project.
JIM GIMIAM, 73-493 Purslane, spoke to the Commission and asked if the
pads would be lowered to the original planned level. He stated that
dirt removed from Purslane during the flood had increased elevations
of the new tract area.
Mr. Williams answered Mr. Gimian and stated that the pads had been
raised in height but would be carefully reviewed during the Design
Review Board Process. Further, the old grading plans would be com-
pared to check heights.
GEORGE FAWCETT, 73-450 Bursera, spoke to the Commission and asked that
they reconsider lowering the original pad elevations because of the
height of the units.
MARY K. VAN DE MARK, 73-420 Grapevine, spoke to the Commission and
stated that she lives just across the street from the drain outlet
along the west boundary of Marrakesh and that running water will
� travel across Grapevine and not turn right.
BUD ENGEL, Riverside County Fire Department (Palm Desert City Fire
Marshall) , spoke to the Commission and stated that the existing crash
gate was completely unsatisfactory. Also, he stated that a 16 foot
wide hard surface road with a card-system gate would provide an emer-
gency exit and allow easier access for emergency vehicles. Further,
that 4 to 7 minutes of response time would be saved and that this time
was critical during a fire or heart attack call.
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' Palm Desert Planning Commission
February 15, 1977
JOHN DAWSON spoke in rebuttal and stated he objected to the manned
entrance but did agree with a crash gate concept. He replied to
the comments on grading by pointing out that the buildings were only
16 feet high and the pads were close to the natural grade. He stated
that he felt it was not fair to burden only Marrakesh with resolving
the water problem along the west boundary since all of that water was
coming from other projects to the west and south, not from Marrakesh.
PAUL MOLLER, 73-415 Goldflower, spoke to the Commission and stated that
�'' a wall along the rear of lots on Salt Cedar which diverted water toward
Marrakesh was required as a condition of approval.
Chairman Wilson closed the Public Hearing and asked the Commission to take
the matter under consideration.
Co�nnissioner Berkey had a question pertaining to the old tract (6229) and
� ti vested rights.
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cting City Attorney Jeff Patterson stated that there were no vested rights,
' � the old map was invalidated.
�
�`� Mr. Williams stated that time limits were intended to allow modification
� �
� � or projects due to changing policies and situations.
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� Commissioner Kelly stated that she was in favor of the condition requiring
sidewalk as it was written; that she felt it would be a benefit to the com-
munity.
� Commissioner Berkey stated he would like to see the City Council delete the
z requirement for sidewalk.
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<t Commissioner Reading stated that the sidewalk was just an added expense which
� would not be justified by the number of residents walking along Portola or
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�' � � Grapevine.
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� City Eng.ineer Hunter Cook stated that the trees would not have to be
removed for the installation of the sidewalk.
Commissioner Reading then stated that i� the trees could be saved, the re-
quirement for sidewalk should be left in because it conformed to City policy.
Chairman Wilson felt that the condition should be left in unless the Council
decided to delete it.
The Commission then held a discussion pertaining to Condition of Approval
No. 3 (drainage) and the consensus was that the condition should remain as
written with the addition of the following:
"or as handled in a manner satisfactory to the City Engineer."
Regarding Condition No. 4, the Commission agreed that the following should be
added:
"or as acceptable to the City Engineer."
The Commission felt that the differences regarding Conditi.on No. 5 should
be worked out between the applicant and the City Fire Ma.rshall. Commissioner
Berkey asked that "manned gates or" be deleted from the condition. The Com-
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mission concurred.
Regarding Condition No. 6, Commissioners Reading and Berkey felt that the re-
quirement for the light on Grapevine should be deleted as it was too far away
from the project. Commissioner Kelly felt that the condition should be left
as is. Chairman Wilson stated that there was a need for lighting at Grapevine
but that the applicant should not be responsible for its installation. He then
asked that the following be deleted from Condition No. 6:
"and at the intersection of Grapevine Street and Portola Avenue."
The Commission concurred.
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Palm Desert Planning Commission
February 15, 1977
The next condition that was discussed was Condition No. 7. Commissioner
Kelly stated that she was in favor of the revised Condition No. 7, which
reads as follows:
7. Provide 10 feet of additional right-of-way for storm drain
� purposes adjacent to Haystack Road, along the full length of
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0 the property. Applicant shall contribute $20,979 to the City
cZ , as his proportionate share of the Master Plan storm drains.
� �'`
�+` � � Commissioner Reading was also in favor of revised Condition No. 7. Chairman
j � Wilson and Commissioner Berkey were opposed to the revised condition. They
z, � both felt that it was too far away to require improvements.
�
� There was a short discussion on Condition No. 8, with the consensus that
the following should be added:
"or provide some other agreement on access control agreeable to the
City."
Regarding Condition Pdo. 18 (requirement for a park fee), Commissioner
Reading was opposed to the condition. Commissioners Berkey and Kelly
felt that it was ok as written. Chairman Wilson also felt that the con-
dition was ok as written but should be waived by the City Council.
Mr. Williams informed the Commission that in case of a deadlock on
Condition No. 7, it should be added to the resolution, allowing the
City Council to decide. The following subsection 4 was added to the
resolution:
4) Be it known to the City Council that in review of the
conditions of approval, the Commission reached a dead-
lock on Condition No. 7, which is as follows: (see above
wording).
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The Commission also agreed that an additional condition should be added as
follows:
19. Design review of proposed units and grading plan shall occur prior
to issuance of grading permit.
Chairman Wilson again opened the Public Hearing,
GEORGE FAWCETT, stated that he felt it would be necessary to review the
pad height before it's too costly to change.
Chairman Wilson closed the Public Hearing.
Commissioner Berkey moved, and Commissioner Reading seconded a motion to
adopt Planning Commission Resolution No. 216, as revised. The motion
carried 4-0 with Commissioner Mills abstaining.
THERE WAS A TEN-MINUTE RECESS
B. CASE N0. GPA 01-77, P. MOLLER
� Request for an Amendment of the Land-Use Element Map of the Palm Desert
General Plan to change the designation from Very Low Density Residential
(1-3 dwelling units per acre) to Service Industrial for a 3-acre parcel
located on the north side of 44th Avenue, west of Painter's Path, PR-1,H
Zone District.
Mr. Williams presented the staff report to the Commission which included
the request, staff's recommendation that the Planning Commission approve
the Amendment and forward a recommendation for approval to the City Council,
and a complete background of the request.
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Palm Desert Planning Commission
February 15, 1977
Chairman Wilson opened the Public Hearing and asked if there was anyone
present wishing to speak in FAVOR of the request.
PAUL S. MOLLER, 73-465 Goldflower, spoke to the Commission and stated
that there was a substantial need for storage areas for campers, trailers,
recreational vehicles, etc. Further, he stated that the area would be
easy to screen.
Chairman Wilson asked if there was anyone wishing to speak in OPPOSITION to
� approval of the request.
TOM PAULSEN, 74-330 E1 Paseo, spoke to the Commission and stated that
he was representing Morgan Mitsubishi property for Mrs. Roberta Books
(his client) . He stated that his client hopes to develope a top quality
resort hotel on their site and they would be opposed to anything that
would adversely affect the neighborhood. Further, the Service Industrial
zone would not be compatible with the Palm Desert General Plan or the
PC(4) zone district.
MRS, ROBERTA BOOKS, 125 Avenue of the Americas, New York City, spoke
to the Commission and stated she felt the use would be incompatible.
Chairman Wilson closed the Public Hearing.
Commissioner Kelly stated she was not in favor of approval of the request
due to poor accessibility through the PC(4) area.
Commissioner Berkey felt that added traffic in the area was a concern
and the use would be too close to the city entrance.
Commissioners Mills and Reading both stated that they didn't like the
potential hazard situation.
�'' Chairman Wilson stated he did not like a departure from the General Plan
concept of locating Service Industrial on Cook Street. Further, that
little benefit would result if the use were approved and that some harm
could result.
The Commission concurred that a denial would be appropriate and the following
reasons were given:
1. The use would not be compatible.
2. The use would not be consistent with the Palm Desert General Plan.
3. The use would provide a major departure which is not justified by
a temporary need.
Commissioner Mills moved that the Planning Commission adopt Resolution No. 217,
denying the request for an Amendment of the Land Use Element of the Palm Desert
General Plan, with the inclusion of the above mentioned reasons. Commissioner
Reading seconded the motion; motion unanimously carried.
VII. OLD BUSINESS
A. CASE N0. 21SA, JOHN McCORMICK for GERONIMO'S
"�" Consideration of Design Review Board recommendation for a new sign
for a restaurant located on the south side of Highway 111, east of
El Paseo and sitauted in the C-1,S.P. Zone District.
Mr. Williams presented the staff report to the Commission. Said report
included the request, staff's recommendation for approval, and a background
of the request.
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Palm Desert Planning Commission
February 15, 1977
There was a brief discussion among the Commissioners with the consensus being
that the request be rejected due to the fact that the new sign would be non-
conforming to the new Sign Ordinance.
Commissioner Kelly, by minute motion, moved that the Planning Commission
reject the application for a new sign for cause; that it does not conform
to the new Sign Ordinance. Commissioner Berkey seconded the motion; motion
unanimously carried.
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B. CASE N0. 23SA, ROY CARVER
Request for identification and directional signs for the Palms-to-Pines
shopping center.
Mr. Williams presented the staff report and outlined the reasons for staff's
recommendation to reject the application - signs were inappropriate and a
better sign program was needed.
TED HANE, 72-793 Bursera Way, spoke to the Commission as a tenant of the
shopping center. He stated that many of the shops in the center were hid-
den by the design of the project.
ETHEL BRETT, 72-780 E1 Paseo, spoke to the Commission and stated that there
were no signs outside the center indicating an address. She further stated
that she felt that a directory sign would be inappropriate.
BILL CARVER (applicant) , 110 West Las Tunas Drive, San Gabriel, spoke to
the Commission and stated he felt there was a need to help people locate
the smaller shops.
The Commission concurred that the sign should be sent back to the applicant
� for re-design. They wanted to get the signs away from the roadways. Commis-
sioner Mills moved, and Commissioner Reading seconded, a motion to adopt Plan-
ning Commission Resolution No. 218, rejecting the request. The motion was
unanimously carried.
IX. DESIGN REVIEW BOARD ITEMS
A. Review of Cases heard by the Design Review Board at their Meeting
of February 8, 1977.
Mr. Williams presented the five cases which had been approved at the
Design Review Board meeting of February 8, 1977. They were:
Case No. 48C - United California Bank
Case No. 55MF - Affiliated Construction
Case No. 57MF - Jim Belknap
Case No. 58MF - Shadow Mountain Golf Club
Case No. 59MF - Living Desert Reserve
A motion of Commissioner Kelly, seconded by Commissioner Berkey, to adopt
Planning Commission Resolution No. 219 as written, approving the Design
Review Board actions of February 8, 1977, was unanimously carried.
'�"" X, ORAL COMMUNICATIONS
None
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" ' Minutes
Palm Desert Planning Commission
February 15, 1977
XI. COMMENTS
A. City Staff
Mr. Williams presented a review of the revisions made by the City
Council in adopting the Sign Ordinance. He explained that at the
first reading of Ordinance 129, the Council did consider two signi-
ficant changes to the Ordinance which should be reviewed by the
'�+" Planning Commission and a study and report forwarded back to the
City Council.
The two changes were:
1. An increase in the sign entitlement for hotels in the other
than single-family residential zone to the same as commer-
cial zone.
.
Q � 2. A one year moratorium was put into the Ordinance for enforce-
Z ment on existing signs.
w
Q ;� Chairman Wilson directed the Secretary to notify the City Council that
� the Planning Commission was in agreement with the proposed changes to
�' � the Ordinance.
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� �� Commissioner Reading, by minute motion, moved that the Commission con-
'� �i cur with the direction for the Secretary to notify the City Council
regarding the changes to the Sign Ordinance. Commissioner Mills seconded
the motion; motion unanimously carried.
B. City Attorney
None
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C. Planning Commissioners
Commissioner Berkey asked to be excused from attending the March 1, 1977
meeting due to the fact that he will be out of town.
The Commissioners decided that the Study Session to be held prior
to the March lst meeting should begin at 4:30 p.m.
XII. ADJOURNMENT
Commissioner Mills moved to adjourn the meeting. Commissioner Kelly
seconded the motion and the meeting was adjourned at 10:45 p.m.
( _..__s� ,
��{-���� `�
PAUL A. WILLIAMS, SECRETARY
ATTEST:
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;._ ROY SOPT, CHAIRMAN
PALM D SERT PLANNING CO ISSIOPd
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