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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. �rrr 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 �rrr 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. Page Three Minutes ' 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. <a .� 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. � � � 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. �a � <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 w �' � � Grapevine. Z `� � 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- itirr 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. Page Four Minutes 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 � ` 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). �rrr 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. Page Five � Minutes 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. Page Six • Minutes 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. � 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 Page Seven " ' 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. � �� J' � �� 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 � 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: �tirrr /� � �� " � ;._ ROY SOPT, CHAIRMAN PALM D SERT PLANNING CO ISSIOPd Page Eight