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HomeMy WebLinkAbout0503 " MINUTES PALM DESERT PLANNING COMMISSION MEETING MAY 3, 1977 7:00 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 Chambers of the Palm Desert City Hall. '�"' II. PLEDGE - Commissioner KELLY III. ROLL CALL Present: Commissioner BERKEY Commissioner KELLY Commissioner READING Chairman WILSON Also Present: Paul A. Williams - Director of Environmental Services Ralph Cipriani - Associate Planner Sam Freed - Assistant Planner IV. APPROVAL OF MINUTES A. MINUTES of the Planning Commission meeting of April 19, 1977. Mr. Williams noted the following corrections: Page 2, 2nd paragraph, last line - delete "materials for" and replace with "the color of". � Page 4, lst paragraph, last line - delete "in Cathedral City". Page 5, next to the last paragraph - add to the last line - "of attached new conditions as a part of the construction drawings.". Page 9, 2nd paragraph - delete "and do some hard soul searching in order to do our fair share. ". Page 9, 3rd paragraph, last line - add the word "Code" after the word "Building". A motion of Commissioner Kelly, seconded by Commissioner Berkey, to approve the minutes, as corrected, of the April 19, 1977 Planning Commission meeting was unanimously carried. V. WRITTEN COMMUNICATIONS Mr. Williams advised the Commission that the only written communications were those dealing with the cases on tonight's agenda. VI. PUBLIC HEARINGS �.rr Prior to the opening of the 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 reviewing and clarifying statements on the staff reports concerning tonight's agenda. Further, he noted that the Com- mission had not made any decisions nor reached any conclusions. � Minutes Palm Desert Planning Commission May 3, 1977 Page Two VI. PUBLIC HEARINGS (continued) A. CASE N0. DP 06-77. PALM DESERT VENTURE, LTD. , APPLICANT Request for approval of an Amendment to an existing Development Plan to construct 46 condominium units on property located east of San Luis Rey and Juniper, as the final phase of Shadow Mountain Resort and Racquet Club. � Mr. Williams reviewed this case showing the existing conditions with the aid of slides. He indicated that the Shadow Mountain Resort and Racquet Club project has been in progress since 1972. The Development Plan has been approved by the Planning Commission for the entire parcel previously. The applicants are now seeking an Amendment to a portion of the overall Development Plan. Mr. Williams then reviewed the site plan during which he indicated that the setback along San Luis Rey will be a minimum of twenty (20) feet and that 13 of the 46 units to be constructed will be two-story units. He also indicated that the project conforms to the PR-7 zone density requirements. Mr. Williams then pointed out that the project does not meet the requirement of twenty (20) foot setbacks between buildings but that this situation is not a problem as none of the two-story projects are abutting. The elevations were then reviewed at which time it was indicated that the height of the two-story units is 28 feet and the single-story units is 18 feet. The units vary in size from 1,300 square feet to 1,700 square feet in living area. Mr. Williams then referred to the Palm Desert Property Owners Association letter pertaining to this project. He then indicated that the �esign Review Board during their review of the project had requested that the Planning Commission give consideration to both circulation and a possible reduction in the numb er of units or a change in the configuration of the units. Mr. Williams indicated that the Fire Marshal]_ believes there "'�`�` is no circulation problem with regard to fire protection. Mr. Williams then referred to a letter from Mr. York, a nearby property owner, who is concerned with the two-story structures and the possible increase in traffic on San Luis Rey. Mr. Williams concluded his presentation by reviewing the Conditions of Approval which include a master trash agreement, the conversion of the present lighting of the tennis courts, and undergrounding of utilities along San Luis Rey. Commissioner Berkey asked if the conditions had been discussed with the appli- cant. Mr. Williams indicated that the applicGnt would address the conditions. Mr. Cipriani then informed the Planning Commission that the streets had already been approved as part of the overall Development Plan so that Condition No. 6 was irrelevant and that it should be deleted. Chairman Wilson opened the Public Hearing and asked if the applicant was present. FRANK J. URRUTIA, 73-350 E1 Paseo(applicant's representative) , spoke to the Commission and indicated that the applicant was already complying with Condition No. 5. He indicated that Condition No. 3 had already been discussed with Mr. Williams and that the applicant had no problem with complying with that condition. Mr. Urrutia then addressed the Pro- perty Owners Association's concerns regarding guest parking and private recreation space. He indicated that the bulk of the parking is located �,,, on the south portion of the site because a majority of the guests use the Club House and the pool. With regard to the size of the rear yards for units on Juniper, he indicated that there is recreation space but that it has to be viewed on floor plans and plot plans combined. He also indicated that there will be mounding and extensive landscaping on Juniper which will offer privacy to these units. � Minutes Palm Desert Planning Commission May 3, 1977 Page Three Commissioner Reading indicated that there is not sufficient parking for guests since this is a resort, and that the project cannot accommodate overflow. Mr. Urrutia stated that presently there is adequate parking. Chairman Wilson asked if there was anyone present wishing to speak in FAVOR of the project. Being no one, he asked if there was anyone present wishing to r�rr speak in OPPOSITION to the project. MR. JAMES SCRIBNER, Palm Desert, approached the Commission and stated that he represented eight property owners. He said he welcomed the development but objected to the two-story units. He maintained that the two-story units would block the sun and destroy the view for some of the adjacent property owners. In addition, he questioned the fire protection for specific houses. Regarding parking, he urged the Com- mission to consider the parking requirements for guests who do not reside in the project. MR. GEORGE RITTER, 73-899 Highway 111, spoke to the Commission and indicated that he did not intend to speak in opposition but would like to make a request. He urged the Commission to consider a right-hand turn-only provision for motorists exiting on Juniper. He believed this wouldn't inconvenience any residents or guests but it would pre- vent more through traffic from attempting to avoid Highway 111 by meandering through this neighborhood. MR. TED LENNON, a developing partner, indicated that he wished to answer questions regarding parking. He said that Shadow Mountain has no outside memberships and that for most residents of the project, these units will be second homes. As a result, there will be, no parking problems. �rw► Chairman Wilson closed the Public Hearing and indicated that the primary con- cerns regarding the project appeared to be the two-story element in the southwest corner of the project, the question of parking, and the possibility of a right- turn-only exit from the project. Commissioner Reading stated that he agreed with Mr. Scribner; that the two-story units will affect the property previously pointed out. He in- dicated that he wanted the project re-designed so that there would be no two-story units on the perimeter. Commissioner Berkey indicated that he agreed with Commissioner Reading. Commissioner Berkey was concerned with guest parking in the northerly portion of the project and that the right-turn-only provision would be impossible to enforce. Commissioner Kelly agreed with the other commissioners regarding the two- story element and indicated she was not satisfied with the fire protection as guest cars might create obstructions should emergency vehicles need to enter the project. Mr. Williams stated that the chances of an auto accident blocking fire trucks is extremely remote and indicated that he relies on the Fire Marshall 's judgment relative to this point. �"�" Chairman Wilson concurred with the other Commissioners. He indicated he wanted the two-story units removed; that he is satisfied with the circula- tion; and that he questioned whether the right-turn-only provision could be enforced. With regard to the right-turn-only provision, Mr. Williams stated that previously the Commissioners themselves had decided to delete this condition as the City Engineer had recommended against it. ' Minutes Palm Desert Planning Commission May 3, 1977 Page Four Chairman Wilson then indicated that the two-story unit on the west property line on San Luis Rey should also be reduced to single story. Mr. Williams revised Condition No. 6 to indicate a reduction of the two-story unit on San Luis Rey to a single-story unit and the two (2) two-story units on the southwest corner of the parcel to single-story � units. The applicant indicated that he would comply with this condi- t ion. A motion was made by Commissioner Berkey, and seconded by Commissioner Kelly, to approve the amended Development Plan to construct 46 condominium units by Planning Commission Resolution No. 235, subject to compliance with the Condi- tions of Approval and revised Condition No. 6. The motion unanimously carried (4-0) . B. CASE N0. C/Z 05-77, AFFILIATED CONSTRUCTION COMPANY, APPLICANT Request for a Change of Zone from R-1 to R-3(3) on a 0.51-acre parcel located south of Larrea and east of Lantana. Mr. Williams reviewed the location, adjacent zoning, and adjacent land uses. He indicated that from a zoning standpoint, the area is in a tran- sition period and is moving toward multi-family zoning. Therefore, staff was recommending approval of the Change of Zone request by Planning Commis- sion Resolution No. 236. Furthermore, any development would have to be single story and have similar setbacks as those R-1 residences located to the east. He then reviewed two letters of opposition. """' Chairman Wilson opened the Public Hearing and asked if the applicant was present. FRANK GOODMAN, 77-900 Avenue of the States, spoke to the Commission and indicated that he concurred with the staff's opinion and that he believes that the area can be upgraded. Chairman Wilson asked if there was anyone present wishing to speak in FAVOR of the proposed Change of Zone. Being no one, he asked if there was anyone present wishing to speak in OPPOSITION to the request. MR. CHARLES SCHOENDIENST, 45-496 Garden Square, representing DR. FARBER, indicated that he objected to the concept of changing the area from R-1 to R-3. Chairman Wilson closed the Public Hearing on C/Z 05-77 and asked the Commis- sion for their feelings. Commissioner Kelly stated that she favored the R-1 designation in order to protect the present home owners. Commissioner Berkey stated that he believed that the subject property was not located in a desirable area for R-1 development. He felt that the Design Review Board process could mitigate any displeasures that might be � caused to adjacent neighbors. He favored the R-3 designation. Commissioner Reading indicated that he favored denying the zone change. Chairman Wilson stated that he sympathized with Commissioner Berkey but that he remembered when Lantana seemed a logical break between R-1 and R-3. He, therefore, favored the R-1 designation. Commissioner Reading moved that the Planning Commission deny the request by Resolution No. 236. Commissioner Kelly seconded the motion. The motion carried 3-1 with Commissioner Berkey voting no. ' Minut es Palm Desert Planning Commission May 3, 1977 Page Five Mr. Williams then indicated that Resolution No. 236 was being denied for the following reasons: 1. Respect for predominant existing uses. 2. The street separation is a more logical use between zones. � 3. The proposed change is not compatible with existing development. C. CASE N0. CUP 03-77, SOCIETY OF ST. PAUL, INC. , APPLICANT Request for a Conditional Use Permit to operate a Monastery in an existing residential complex on property located east of San Pablo, north of San Gorgonio, and west of San Rafael. Commissioner Berkey asked to be excused due to a possible conflict of interest and left the Council Chambers. Mr. Williams reviewed the request with the Commission. He also presented a letter from adjacent property owners indicating their approval of the project. Mr. Williams then stated that staff was recommending approval of Planning Commission Resolution No. 237, with the following modifications: Deletion of Conditions No. 3, 8, and 9; and a modification of Condi- tion No. 7 as follows: "Curb, gutter, curb cuts, sidewalk, and tie-in paving shall be provided along all frontages now currently improved to `""""' City Standards at such time as required by the City Engineer." With the deletion of Conditions No. 3, 8, and 9, the modified Condition No. 7 will become Condition No. 6. Chairman Wilson opened the Public Hearing and asked if the applicant was present. BROTHER ANDREW, Rector of the Society of St. Paul, San Diego, spoke to the Commission and stated that they were in agreement with the Con- ditions of Approval. Further, that during the Study Session prior to tonight's meering, they had agreed to the conditions as imposed by the City Engineer. Chairman Wilson asked if there was anyone present wishing to speak in FAVOR of the project. FRANK LITTLE, 72-929 Bel Air Road, spoke to the Commission and questioned the future use of the vacant lot. Further, he stated that he was not op- posed to the project. Mr. Williams told Mr. Little that the vacant lot would be used for another structure and for parking purposes. � Chairman Wilson asked if there was anyone present wishing to speak in OP- POSITION to the project. Being no one, he closed the Public Hearing on Case No. CUP 03-77 and asked the Commission for their feelings. Commissioner Reading moved that the Planning Commission approve Resolution No. 237, with the deletions and/or modifications to the Conditions of Approval as suggested by staff. Commissioner Kelly seconded the motion and the motion carried with a 3-0 vote with Commissioner Berkey abstaining. ' Minutes Palm Desert Planning Commission May 3, 1977 Page Six D. CASE N0. C/Z 03-77, PALM DESERT PLANNING COMMISSION, APPLICANT Request for a Change of Zone from Open Space (O.S.) to R-2-8,000(4) , S.P. or other appropriate zones as deemed necessary for a 4.6-acre parcel of land located south of Ironwood Street and adjacent to 18th Fairway Lane and a portion of Cottage Lane. +rrr Mr. Williams reviewed this case with the Commissioners and stated that staff was recommending approval of Resolution No. 238 which recommends to the City Council the approval of the Change of Zone to PR-6. Chairman Wilson opened the Public Hearing and asked if there was anyone present wishing to speak in FAVOR of the proposed Change of Zone. Being no one, he asked if there was anyone present wishing to speak in OPPOSITION to the pro- posed Change of Zone. ALEXIS NEWBRANDER, 46-260 Cottage Lane, spoke to the Commission and stated she desired a similar zoning designation for the subject property as the adjacent zoning. Mr. Williams stated that the PR-6 zoning designation would be more flexible, but perhaps the R-2-8,000(4) ,S.P. would be more appropriate since it reflects presently surrounding uses. Commissioner Reading moved that the Planning Commission approve Resolution No. 238, with the Change of Zone to R-2-8,000(4) ,S.P. Commissioner Berkey seconded the motion; motion unanimously carried (4-0) . """'` E. CASE N0. PM 9851, R. B. GOODEN, APPLICANT Request for approval of a Tentative Parcel Map to create three (3) lots for financing purposes from a 9-acre parcel located north of 44th Avenue and east of Highway 111. Mr. Williams presented the staff report to the Commission. He stated that staff was recommending adoption of Planning Commission Resolution No. 239, approving the Tentative Parcel Map. Chairman Wilson opened the Public Hearing and asked if the applicant was present. FRANK J. URRUTIA, 73-350 El Paseo, Architect for the Applicant, spoke to the Commission and stated that the applicant had no objections to any of the Conditions of Approval as imposed by the staff. Chairman Wilson asked if there was anyone present wishing to speak either in FAVOR of or OPPOSED to the request. Being no one, he closed the Public Hearing on Case No. PM 9851 and asked the Commission for their feelings. Commissioner Kelly moved that the Planning Commission approve Resolution No. 239, subject to compliance with the Conditions of Approval. Commissioner Berkey seconded the motion; motion unanimously carried (4-0) . �rr F. CASE N0. C/Z 04-77, PAUL S. MOLLER, APPLICANT Request for a Change of Zone from PR-1,H to S.I. for a 3-acre parcel located north of 44th Avenue and 250 feet west of Painter's Path. ' Minutes Palm Desert Planning Commission May 3, 1977 Page Seven Mr. Williams reviewed this case with the Commission and stated that staff was recommending that the Planning Commission adopt Resolution No. 240, recommending to the City Council approval of the Change of Zone. Chairman Wilson opened the Public Hearing and asked if the applicant was �"' present. PAUL S. MOLLER 73-465 Go•ldflower, spoke to the Commission and stated that the present zoning was not compatible with the pre- sent use. Chairman Wilson asked if there was anyone present wishing to speak either in FAVOR of or in OPPOSITION to the proposed request. Being no one, he then closed the Public Hearing on Case No. C/Z p�-77 and asked the Commission for their feelings. Commissioner Berkey moved that the Planning Commission adopt Resolution No. 240. Commissioner Kelly seconded the motion; motion unanimously carried (4-0) . G. CASE N0. CUP 04-77, PAUL S. MOLLER, APPLICANT Request for a Conditional Use Permit to operate an Open Storage Area on a 3-acre site, located north of 44th Avenue and 250 feet west of Painter's Path. The case was reviewed by Mr. Williams. He explained that the impact of '�" any storage will be mitigated by Condition of Approval No. 4. Further, staff was recommending approval of Planning Commission Resolution No. 241, with a modification of Condition No. 5, and the addition of Condition No. 9, as follows: S. The south side of the existing building shall not be used for open storage. 9. Approval of the Conditional Use Permit is contingent upon the City Council approval of Case No. C/Z 04-77. Chairman Wilson opened the Public Hearing and asked if there was anyone present wishing to speak to the Commission either in FAVOR of or OPPOSED to the request. Being no one, Chairman Wilson closed the Public Hearing and asked the Commission for their feelings. Commissioner Berkey moved that the Planning Commission adopt Resolution No. 241, subject to the above-mentioned staff revisions to the Conditions of Approval. Commissioner Reading seconded the motion; motion unanimously carried (4-0) . H. CASE N0. ZOA 02-77, CITY OF PALM DESERT, APPLICANT �.rr Request for an Amendment to the Service Industrial District of the Zoning Ordinance to require a Conditional Use Permit for projects located within the Redevelopment Project Area. � ' Minutes � Palm Desert Planning Commission May 3, 1977 Page Eight Mr. Williams reviewed the case and gave the following background: When approving the recent Amendment of the General Plan and Re- development Plan for the Moller Service Industrial site, the City Council fully recognized the potential for adverse impacts upon future resort hotel areas. To ensure their proper design, the Council required that a Conditional Use Permit be granted prior � to the development of the project. In order to implement this condition, the Zoning Ordinance, which is the actual legal docu- ment regulating development, should be amended to incorporate this feature. Mr. Williams also explained that the permitted uses contained in the Resolution would be amended to read: "Completely screened vehicle service and storage facilities. " Chairman Wilson opened the Public Hearing and asked if there was anyone present wishing to speak either in FAVOR of or OPPOSED to the Amendment. Being no one, he closed the Public Hearing on Case No. ZOA 02-77, and asked the Com- mission for their feelings. Commissioner Kelly moved that the Planning Commission adopt Resolution No. 242, with the amendment to the permitted uses as recommended by staff. Com- missioner Berkey seconded the motion; motion unanimously carried (4-0) . VII. OLD BUSINESS None � VIII. NEW BUSINESS None IX. DESIGN REVIEW BOARD ITEMS A. REVIEW OF CASES ACTED ON BY THE DESIGN REVIEW BOARD AT THEIR MEETING OF APRIL 26, 1977. Mr. Cipriani presented the following cases to the Commission: Case No. 61MF - Final Construction Plans for a Duplex for 0. M. HOMNNIE; Case No. 62MF - Preliminary Site, Floor, and Elevation Plans for a Television Studio and Offices for WENDELL VEITH for DESERT EMPIRE TELEVISION CORPORATION; Case No. 28C - Final Site, Floor, and Elevation Plans for a Restaurant for HENRY TAGLE; �` Case No. 69MF - Final Construction Drawings for a Single-Family Subdivision for EUCLID-BALL COMPANY " Minutes � Palm Desert Planning Commission May 3, 1977 Page Nine Commissioner Reading moved that the Planning Commission approve the Design Review Board actions of April 26, 1977 by Resolution No. 243. Com- missioner Kelly seconded the motion; motion unanimously carried (4-0) . Mr. Williams made a recommendation that Case No. 66MF (AMERICAN WEST DEVELOPMENT - 6-Unit Apartment Complex to be located at the northwest corne� of Candlewood and Panorama) be rejected as the �+► applicant had not presented the revised plans in time for proper review. Commissioner Reading made a Minute Motion that the Planning Commission reject Case No. 66MF for the above-mentioned reason. Commissioner Berkey seconded the motion; motion unanimously carried (4-0) . X. ORAL COMMt1NICATIONS None XI. COMMENTS A. City Staff Mr. Williams expressed appreciation for Chairman Wilson's dedication and professionalism; explaining that this was Chairman Wilson's last night as a Planning Commissioner due to his appointment as a City Councilman. � B. City Attorney None C. Planning Commissioners None XII. ADJOURNMENT Commissioner Reading moved to adjourn the meeting. Commissioner Kelly seconded the motion and the meeting was adjourned at 9: 15 p.m. �.. ___� �` ___� � • ~� � 4 , 1 �����;�.�..:�..,., �." �� ���� .� PAUL A. WILLIAMS, SECRETARY ATTEST: J _._._ +�rr % r = �� r y�=-f��, � S. RO WILS , CHAIRMAN P LM ESEI�%PLANNING CO SSION :mkj