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HomeMy WebLinkAbout0830 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - AUGUST 30, 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 Berkey at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall . II. PLEDGE - Commissioner Kelly III . ROLL CALL Present: Commissioner KELLY Commissioner KRYDER Commissioner READING Commissioner SNYDER Chairman BERKEY Also Present: Paul A. Williams - Director of Environmental Services Jeff Patterson - Acting City Attorney Ralph Cipriani - Associate Planner Sam Freed - Assistant Planner Clyde Beebe - Assistant City Engineer IV. APPROVAL OF MINUTES A. MINUTES of the regular Planning Commission meeting of August 17, 1977. The following changes were requested: Page 2, 1st paragraph from the top, revise the first sentence: "In conclusion the Commission requested that the item be put to rest until the issue becomes a problem. " Page 5, 5th paragraph from the top, change the last word from "tonight" to "today". On a motion by Commissioner Snyder, seconded by Commissioner Kelly, the minutes of August 17, 1977, as amended, were approved by a unanimous vote. V. WRITTEN COMMUNICATIONS A. Mr. Williams presented a memorandum from the City Manager regarding the approval process for new legislation. The article was received by the Com- mission and no further action was taken. VI. PUBLIC HEARINGS Chairman Berkey explained the Public Hearing procedures to those present and announced that prior to this meeting, the Commission had met in a Study Session for the purpose of clarifying the staff's recommendations. No decisions were reached. Minutes Palm Desert Planning Commission August 30, 1977 Page Two VI. PUBLIC HEARINGS (Continued) A. CASE NO. TT 10900, ALFRED COOK, APPLICANT Request for a tentative tract map for a 10-lot R-1 subdivision on 3 acres located north of Catalina Way and east of San Pascual Avenue. „ . Williams presented the staff report on this case. The design of the tract 1�s _inr`conformance to the provisions of the Zoning and Subdivision Ordinances, wi-tSri il the ex ception This e t widths ssreductionwascons which ideredreasonablef eet s due tothehan the 0 foot drainagere- ,, � A ,,rquirements of the area and the fact that the 10,000 sq. ft. minimum lot size was not affected. Drainage would be handled to the satisfaction of the City Engineer. There being no questions from the Commissioners at this time, Chairman Berkey declared the Public Hearing open. ALFRED COOK, Palm Desert, spoke in favor of the project. On Standard Condition No. 1 , he questioned if sidewalks would be needed in such a short cul-de-sac. It would be appropriate on San Pascual and possibly Catalina Way. He requested that Standard Condition No. 12 be revised so that he might have the option of joining a sewer district that might be formed by the Palm Desert Community Services District. Mr. Cook also asked for clarification of Standard Condition No. 2 (what are satis- factory drainage facilities?) and Special Condition No. 5 (why two street lights?) . Mr. Williams responded to the questions by indicating that the conditions would require sidewalk throughout the tract. Condition No. 12 could be deleted since Condition No. 1 already covered the sewer requirement. Mr. Beebe pointed out that the condition on storm drainage specifies what is needed and that one street light would probably be installed on San Pascual and one inside the project. Chairman Berkey asked if there was anyone present who would like to speak in FAVOR of the project. Being no one, he then asked if there was anyone wishing to speak in OPPOSITION to the project. F. H. CAMPBELL, the owner of the property on the south side of Santa Rosa Way adjacent to the subject tract, spoke in opposition. He claimed that there was an access easement along the north boundary of the tract pro- perty and that he has been using the area for access for many years. Chairman Berkey asked if there were any questions by the Commission at Ahis time. After inquiries by Commissioner Reading and Chairman Berkey, Acting City Attorney Patterson postulated that a prescriptive easement might exist, but that it was a private matter between himself and the developer. Commissioner Kelly asked whether the site had a drainage problem and whether sidewalks would help to alleviate it. Mr. Williams replied that water did tend to flow over the site and that sidewalks might reduce damage if the water level exceeded the curb height. The Public Hearing was declared closed. Commissioner Snyder asked for some discussion of the sidewalk issue. Commissioner Kelly felt that if they contributed to resolving the drainage problem they should be installed within the entire project, as well as on the perimeter streets. Com- missioner Reading wanted to continue the matter until the easement problem could be resolved. Chairman Berkey indicated that this could take years and that it was not a matter of City concern. It moved by Commissioner Kelly and seconded by Commissioner Kryder that the case be approved by Planning Commission Resolution No. 277, with the deletion of Standard Condition No. 12; carried unanimously (5-0) . Minutes Palm Desert Planning Commission August 30, 1977 Page Three VI. PUBLIC HEARINGS (Continued) B. CASE NO. CUP 13-77, SILVER SPUR MOBILEHOME MANOR, APPLICANT Request for a conditional use permit to construct 17 mobilehome spaces as another phase of the existing Silver Spur Mobilehome park on the west side of Highway 74. .�. Mr. Williams reviewed the case and noted that the project is located in the northwest corner of the existing park. The development does not provide 400 sq. ft. of recreation area for each unit. As required by the Zoning Ordinance, the staff is recommending that a block wall be built along the west and north property lines. As part of its review process, the City received a petition signed by many of the park residents requesting an increase in recreation facilities in the park. Mr. Williams responded to a question by Commissioner Kryder and indicated that the Planning Commission would see the plans for the extra recreation amenities. There being no further questions by the Commission at this time, Chairman Berkey declared the Public Hearing open. BOB SAUNDERS, Hallmark Engineering of Palm Springs, representing the ap- plicant, addressed the Commission. He was concerned about Conditions No. 7 (perimeter wall ) , No. 16 (drainage provisions) , and No. 17 (recreation facili- ties) . There was no basic disagreement over these items, they just wanted to be sure there would be some flexibility in meeting the requirements. Mr. Beebe suggested that Condition No. 16 be reworded to: "The applicant shall engineer, and provide for, drainage facilities necessary to handle runoff waters along the northerly boundary of this subdivision. " Chairman Berkey asked if there was anyone present who would like to speak in r.r FAVOR of the project. Being no one, he then asked if there was anyone wishing to speak in OPPOSITION to the project. MARY THIEDE, 12 Diamond E, Silver Spur mobilehome park, spoke in opposition to the project. She represented the signers of the petition. She claimed that during the season, including visitors, as many as 600-700 people were at the park and there were not nearly enough recreational facilities. She asked for the dimensions of the pool and the new building. Bob Saunders indicated the pool to be 20 ft. by 40 ft. BRUCE BEDIG, managing partner of the park owners, addressed the Commission stating that they had recently purchased the park and were in the process of correcting the existing problems. As an example, they had built walls around the parking area, contracted for new retaining walls and restroom facilities, increased the maintenance manpower, painted the entire shuffle- board area, installed a 24-hour answering service, installed new laundry facilities, and were installing street lights at dark intersections. He requested that the Commission's conditions be consistent with good business practices. MR. STANLEY SHIRLEY, 32 Diamond E, Silver Spur mobilehome park, had been told by the owners that the City was requiring him to put in several retaining walls. Mr. Williams replied that the developer was responsible for retaining walls in the new phase and that he would check into his case the next day. Chairman Berkey asked if there were any further questions, being none he declared the Public Hearing closed. Commissioner Reading felt that storm drainage improvements and solving the requests of the tenants were the prime considerations. Commissioner Kryder felt that the City should only be concerned with having the applicant comply with the Zoning Ordinance. Commissioner Kelly was concerned about drainage and the adequacy of the existing amenities. Commissioner Snyder thought that the revised conditions ade- quately covered all major points. Minutes Palm Desert Planning Commission August 30, 1977 Page Four VI. PUBLIC HEARINGS (Continued) B. Case No. CUP 13-77 (Continued) It was moved by Commissioner Snyder and seconded by Commissioner Kryder to approve the project by Planning Commission Resolution No. 278, with the revised Condition No. 16; motion carried (4-1 ) AYES: Kelly, Kryder, Berkey, Snyder; NOES: Reading. C. CASE NO. C/Z 06-77, CURT DUNHAM, APPLICANT Request for a change of zone for a 6-acre parcel from PR-6 to C-1 , S.P. (1 .5 acres) and R-3(4) (4.5 acres) and located south of El Paseo, north of Shadow Mountain Drive, between Lupine Lane and Sun Lodge Lane. Mr. Cipriani reviewed the case noting that it was in conformance to the Redevelop- ment Plan, which was recently amended by the City Council . There being no questions by the Commission at this time, Chairman Berkey declared the Public Hearing open. GARY LOHMAN, 73-210 El Paseo, representing the applicant, was present to answer questions, but had no comments to make. Chairman Berkey asked if there was anyone present who would like to speak in FAVOR of the project. Being no one, he then asked if there was anyone wishing to speak in OPPOSITION to the project. Being no one he declared the Public Hearing closed and asked for a motion. Commissioner Kryder moved, Commissioner Kelly seconded that the request be approved by Planning Commission Resolution No. 279; motion carried (4-1 ) AYES: Kelly, Kryder, Berkey, Snyder; NOES: Reading. VII. OLD BUSINESS - None VIII . NEW BUSINESS A. Consideration of a 4-month moratorium on new construction for certain areas within the COD District. Mr. Williams presented the staff report which indicated a need to prevent develop- ment on certain lots in order to implement the provisions of the COD Specific Plan. These parcels would be potential park sites or would be needed to widen Monterey Avenue, 44th Avenue, San Pablo, and Portola. The four months would allow the Planning Commission and City Council time to hold public hearings on the Specific Plan and determine financing mechanisms. Commissioner Snyder felt that it was needed because if the City has to buy a lot to widen a street, it won't have to buy a house too. Chairman Berkey and Commis- sioner Kryder were concerned about the size of the area involved and the length of time the land would be frozen. The staff indicated that the moratorium could not legally be applied on a lot-by-lot basis. Rather than adopt the prepared resolution Chairman Berkey suggested that a minute motion forwarding this item to the City Council with the Planning Commission's concerns would be appropriate. It was moved by Commissioner Kelly and seconded by Commissioner Kryder to forward this matter to the Council with their expressed concerns. Motion unanimously approved. (5-0) Minutes Palm Desert Planning Commission August 30, 1977 Page Five VIII. NEW BUSINESS (Continued) B. County Referral TT 10805, LEWIS HOMES Request for comments on a 130-lot R-1 subdivision at the northeast corner of Cook Street and 44th Avenue. Mr. Williams explained the proposal to the Commission and listed 7 recom- ,,, mendations that the staff felt should be forwarded to the County. He also indicated, however, that before these items would be considered, the County should be advised that the project lies within the right-of-way alignment of a possible storm drain channel being considered adjacent to Cook Street which would connect the Deep Canyon Stormwater Channel with the Whitewater River Storm Channel . A minute motion was made by Commissioner Kelly and seconded by Commissioner Reading to forward the expressed comments to the Riverside County Planning Commission, with particular emphasis on the storm drain issue. Motion unanimously approved (5-0) . C. County Referral Tentative PM No. 10526, Amended No. 1 , BOB GURLEY Request for a tentative parcel map to divide an existing 5-acre parcel into a 3-acre and a 2-acre parcel located on the north side of Jaguar Road in the Cahuilla Hills. Mr. Williams discussed the project and indicated that the project was in a re- latively level area and had road access. Since it would not have an adverse impact, the staff suggested that the County be advised that the project conforms to the Land Use map of the Palm Desert General Plan. A minute motion was made by Commissioner Kelly and seconded by Commissioner Read- ing to direct staff to forward the Commission 's comments to the Riverside County Planning Commission. Motion approved unanimously (5-0). D. County Referral C/Z 2251-3, FRED MOTTLE Request for a change of zone from R-1 to R-T-8700 for a 156-acre parcel located at the southwest corner of Country Club Drive and Washington St. Mr. Williams explained that the project was in conflict with the Land Use Element of the Palm Desert General Plan and contrary to the provisions of the Circulation Element of the General Plan. For those reasons, the staff recommended denial of the project. A minute motion was made by Commissioner Kelly and seconded by Commissioner Read- ing to direct staff to forward a recommendation of denial for the stated reasons to the County Planning Commission. Motion approved unanimously (5-0) . IX. DESIGN REVIEW BOARD ITEMS A. Consideration of an appeal by Dr. Santiago Fernandez of Case No. 303SF, a new single family residence on Santa Margarita Avenue. Mr. Williams indicated that the applicant was appealing 4 conditions imposed by the staff on a new single family residence. Condition No. 6 called for a new landscape plan to make the unit compatible to the neighborhood. Condition No. 8 called for a concrete driveway to ensure that the project would be compatible with the desert climate. Condition No. 10 asked that the front garden wall be slumpstone instead of stucco to maintain the architectural theme. Condition No. 13 Minutes Palm Desert Planning Commission August 30, 1977 Page Six IX. DESIGN REVIEW BOARD ITEMS (Continued) A. Appeal of Case No. 303SF (Continued) required the parkway to be landscaped to improve the appearance of the area, to reduce dust, and to minimize erosion from surface stormwater runoff. In consider- ing the appeal , the Design Review Board overruled the applicant, except for the slumpstone requirement; they felt that stucco would be acceptible if an adequate landscape plan were submitted. Dr. Fernandez explained the reasons for the appeal . His concern was not the money, since he intended to use a concrete driveway and add quite a bit more landscaping in the future. He was upset about the principle of losing the freedom to decide how to design his own home. The issue of what is considered beautiful is a personal matter of each individual and involves the right of self-expression. "As long as I meet the minimums of the ordinance, I should be free to do what ever else I please. " Section 25.33-3.09 of the Zoning Ordinance allows asphaltic or concrete driveways. Mr. Williams replied by pointing out that there is an ordinance, the Design Review Board Ordinance, which does give the staff the legal authority to review design, colors, materials, landscaping, etc. These ordinances have been upheld by the courts and are found in many cities. Commissioner Kryder agreed with the applicant on the driveway, although he did support the landscaping conditions. The Design Review Board Ordinance, while it may infringe on the rights of each individual , it is a reasonable approach to take when considering the best interests of the entire community and that is what the Planning Commission must give first priority. No ordinance can be writ- ten which will adequately specify every detail of every house. Commissioner Snyder reminded the applicant that as an attorney, he must be aware of the fact that laws are interpreted each day and that the Design Review Board Ordinance gives the staff this right. Commissioner Kelly thought that if the landscaping was adequate, a stucco wall would be acceptible. She supported the condition for a concrete driveway and parkway landscaping. All Commissioners agreed to require a new landscaping plan, including the parkway, and to allow a stucco wall . All except Commissioner Kelly agreed to delete the condition requiring a concrete driveway. It was moved by Commissioner Kryder and seconded by Commissioner Reading to adopt Planning Commission Resolution No. 280 deleting Conditions No. 8 and No. 10 and re- taining Conditions No. 6 and No. 13. Motion carried unanimously (5-0). B. CASE NO. 81MF, EAGLE DEVELOPMENT Consideration of construction drawings for a 248-unit condominium project west of Highway 111 and south of 44th Avenue. The staff explained the history of the project and indicated that the Council would have to determine a substantial right to develop the project as previously approved now exists. Upon advice of the Acting City Attorney, Commissioner Read- ing modified his original motion to forward the case with a recommendation of denial to simply forwarding the case to the Council . The motion was seconded by Commissioner Kelly and was unanimously approved (5-0) . Minutes Palm Desert Planning Commission August 30, 1977 Page Seven IX. DESIGN REVIEW BOARD ITEMS (Continued) C. Cases from the Design Review Board meetings of August 9, 1977 and August 23, 1977. Mr. Cipriani presented the cases to the Planning Commission. He explained that on the Hidden Palms project, Case NO. 83MF, the Design Review Board wanted land- scaping in the private yards and asked for modified elevations to include more trellises and patios. STAN BELL, Irvine, the project architect spoke to the Commission. He in- dicated that 8-10 landscape plans for each private yard were being prepared. Each owner would select the plan they favored. If not installed within 90 days, the homeowners association would do the work and would assess the owner. He was reluctant to revise the elevations, but agreed to add more covered porches. The staff replied that this would be acceptable and that it was not the City's intent to cover all sides with overhangs. Mr. Williams suggested that Condition No. 12 be revised to read: "Porches, patios, and other related amenities shall be added where possible to make the elevations more compatible with the desert environment." The revised condition was inserted in Subsection 2 of the Design Review Board Resolution. It was moved by Commissioner Snyder and seconded by Commissioner Kelly to adopt Planning Commission Resolution No. 281 as amended approving the Design Review Board cases of August 9, 1977, and August 23, 1977. Motion carried unanimously (5-0) . X. DISCUSSION ITEMS A. Agenda items for joint City Council-Planning Commission meeting of September 7, 1977. Commissioner Snyder suggested that the topic of communications be added so that the Council receives a better understanding of the Commission's justification for taking a certain action on a project and so that the Commission becomes more familiar with the Council 's philosophy on development. Commissioner Reading wanted to discuss the proposal to have developers obtain clearance from other agencies before submitting for City approval . Chairman Berkey wanted to see some thought given to requiring an economic impact report for each project similar to the Fresno method. Commissioner Kryder wanted to talk to the Council about the issue of concrete driveways and the City's relationship with C-VAG. XI. ORAL COMMUNICATIONS - None XII. COMMENTS A. City Staff - rr The Commission will be having a joint study session in October with the Design Review Board. B. City Attorney - No Comment C. Planning Commissioners - No Comment Minutes Palm Desert Planning Commission August 30, 1977 Page Eight XIII . ADJOURNMENT It was moved by Commissioner Kryder and seconded by Commissioner Snyder to adjourn the meeting at 10:15 p.m. Motion carried unanimously (5-0) . two f, PAUL A. WILLIAMS, Secretary ATTEST: � l GEORGE BEREY, Chairman sf/ks