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HomeMy WebLinkAbout1004 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - OCTOBER 4, 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 Reading III . ROLL CALL Present : Commissioner KELLY Commissioner KRYDER Commissioner READING Commissioner SNYDER Chairman BERKEY Others Present : Paul A. Williams - Director of Environmental Services Hunter Cook - City Engineer Clyde Beebe - Assistant City Engineer Sam Freed - Assistant Planner Kathy Shorey - Planning Secretary IV. APPROVAL OF MINUTES .► A. MINUTES of the regular Planning Commission meeting of September 14, 1977. Mr. Williams requested that the following amendments be made : Page 2, 3rd paragraph from the top, change "Bechtel Report" to "Master Drainage Plan" . Page 2, 6th paragraph from the bottom, after utilities make it read, "can meet the needs" . Page 4, 3rd paragraph from the top, add the following sentence : "By unanimous minute motion the Planning Com- mission requested that the staff forward such a letter. " Page 4, 4th paragraph from the top, change the word "Com- mission" to "City" . On a motion by Commissioner Snyder, seconded by Commissioner Kelly, the minutes of September 14, 1977, as amended, were approved by a unanimous vote. V. WRITTEN COMMUNICATIONS A. Letter received from Mr. Kiger Barton and the Secretary ' s response. The Commission accepted the letter as written. B. Letter to Mr. Bill Hobbs. This was continued to the next meeting for revision . Minutes Palm Desert Planning Commission October 4, 1977 Page Two 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. A. CASE NO. TT 11207 - COMPTON, RUSSIE and ROOT, Applicant Request for approval of a tentative tract map for a 10-lot condominium project on approximately 1 . 5 acres located on the west side of Verba Santa Drive and south of Pitahaya in the PR-6 zone district . Mr. Williams reviewed the staff report pointing out that it was a request for 9 condominium lots and 1 common lot with sixteen Standard Conditions and five Special Conditions. He noted that there was no need for sidewalks as the street would not be public. He also noted the late response received from the C.V.C.W.D. Chairman Berkey asked if the Commission had any questions of staff at this time . Being none, he declared the Public Hearing open and asked if the applicant cared to speak at this time. The applicant not being present, Chairman Berkey asked if there was anyone wishing to speak in FAVOR or OPPOSITION of the project . Being no one he de- clared the Public Hearing closed and asked for the pleasure of the Com- mission. It was moved by Commissioner Snyder and seconded by Commissioner Kryder that the case be approved by Planning Commission Resolution No. 285 ; ,two carried unanimously (5-0) . B. CASE NO. CUP 06-77 - C. G. DUNHAM, Applicant Mr. Williams noted that the applicant was not present at this time and asked that the case be reviewed later in the meeting. The Commission complied. C. CASE NO. TT 11215 - PORTOLA GOLF RANCHOS, LTD. , Applicant Request for approval of a Tentative Tract Map to create 201 lots within an existing mobile home subdivision generally located east of Portola Avenue and south of 42nd Avenue in the R-M zone . Mr. Williams reviewed the project , noting the proposed interior streets , the windbreak, and the nineteen Standard Conditions and eleven Special conditions. Some discussion followed regarding the wind break on the west , the improvement of the streets now or later , blowsand problem and maintenance of streets. Mr. Cook noted that there were no dead--end streets and improving the streets would give adequate sand control . Chairman Berkey declared the Public Hearing open and asked if the applicant wished to speak at this time . DUKE DOBRIENNER, 42-500 Portola, representing the applicant , spoke to the Commission noting his concern for the location of four holes of the proposed golf course and the need for the completion of 42nd Avenue. He stated that he was in negotiation with the owners of the property on three sides to obtain land and then dedicate 20 acres to the City. He then referred to the staff report on CUP 10-77, a related case , Minutes Palm Desert Planning Commission October 4, 1977 Page Three VI . PUBLIC HEARINGS (Cont . ) C. Case No. TT 11215 (Cont . ) regarding staffs recommendations on the streets involved. He interpreted the report as the City not recommending that 42nd Avenue be completed. too Mr. Cook responded to comments made by the developer and stated that the original CUP when it came through we were under a pres- sure of time and we made some comments in there or allowed some comments to be forwarded which we did not have time to adequately analyze . We have since had time to look at these and we feel quite strongly that there should be a connection at 42nd Street . The County Master Plan shows 42nd Street going through and there is an existing subdivision immediately to the east which has absolutely no access to Portola. It is being fore-closed by a series of private streets and has the indicated barred gates and does have a good circulation pattern in the development . These streets are needed and that is the staff (Engineering) recom- mendation. FRANK HAMERSCHLAG, 1007 S. Palm Canyon , Palm Springs , engi- neer for the applicant , spoke to the Commission noting that when the property in question was under County rule, they found the fewer streets that they took into their mainte- nance jurisdiction the less expense was incurred by the tax payer. The street in question is in the middle of a sand dune and the street will be used as a parking strip for dune buggys. Also there is no need to improve streets on the perimeter as they will not be used. Chairman Berkey asked if there was anyone else wishing to speak in FAVOR or OPPOSITION to the project . Being none , he closed the public hearing and asked if there were any questions from the Commis- sion at this time . Chairman Berkey spoke about the drifting sand problem and noted his concern for the property owners paying the maintenance costs. He mentioned the possibility of the developer giving a bond assur- ing the maintenance of the street until the plantings are large enough to keep the maintenance at a minimum. Commissioner Snyder also noted his concern as to whether the streets should be completed now or and agreement made for their completion in the future. He questioned whether the streets are usable or practical and the cost to the City for their maintenance . Mr. Williams stated that the Council would have to decide the issue on bonding. Some discussion followed with regard to the necessity of the streets now or later, the possibility of a security bond for the future improvement of the streets and the length of time the bond could be issued. wr Mr. Cook stated that the developer could sign an agreement for five years and give a security bond. The Commission noted agreement with this idea. Mr . Williams noted the addition of two conditions: Condition No. 12 - The applicant shall enter into an agreement Pwith the city to guarantee the construction of Portola, 42nd c.; iAvenue extended and Rebecca Road extended, within five years ' or as the City requires. Said agreement shall have as its basis \� �R a security guranateeing the improvements as satisfied by the City Engineer. Minutes Palm Desert Planning Commission October 4, 1977 Page Four VI . PUBLIC HEARINGS (Cont . ) C. Case No. TT 11215 (Cont . ) Condition No. 13 - As a part of recordation of this map , applicant shall post a maintenance bond in the amount acceptable to the City Engineer for the landscaping on the exterior along 42nd Avenue , Rebecca Road, and Portola. `ow It was moved by Commissioner Kelly, seconded by Commissioner Reading to approve Planning Commission Resolution No. 286 with the addition of Conditions No. 12 and 13; carried unanimously (5-0) . D. CASE NO. PM 11050, PHILIP ABRAMS CONSULTING ENGINEERS , Applicant Request for approval of a Tentative Parcel Map to create two (2) lots, one of 0 .40 acres and one of 2 . 13 acres in size from a 2 . 53 acre parcel generally located west of Shadow Mountain Drive at the Kings ' Point condominium project . Mr. Williams reviewed the case noting that the staff recommends that the request be denied but that a lot line adjustment be approved thereby incorporating parcel 2 into lot 1 of Tract 4380-1 . Chairman Berkey opened the Public Hearing and asked if the applicant would like to speak. The applicant not being present , he then asked if there was anyone wishing to speak in FAVOR of or in OPPOSITION to the project . `*W DAVID MAYBERRY, President of Kings ' Point Property Owners Association , spoke to the Commission and placed this ques- tion before them. Would it require a unanimous vote of the property owners to have the tennis courts relocated? Mr. Williams informed him that he would have to check the CC&R' s of t�Ya.ssociation. C irman Berkey indicated that before the case could be approved hat ' h the property owners and the Commission should obtain some advice . The Public Hearing was closed and it was moved by Commis - oner Kelly and seconded by Commissioner Reading the the case be con- tinued to the October 19th meeting; carried unanimously (5-0) . The applicant now being present , Case No. CUP 06-77 was reviewed. B. CASE NO. CUP 06-77, C. G. DUNHAM, Applicant Request for approval of a Conditional Use Permit to construct and operate a parking lot in an R-3(4) zone generally located south of El Paseo and west of Sun Lodge Lane . °,.., M5. Williams reviewed the case noting thatthe staff is recommend- tow Xng a 6 foot masonry wall be constructed on the south border of /the parking lot and a 3 foot masonry wall along the frontage on Lupine and Sun Lodge Lanes. He also pointed out the various Special Conditions. Mr. Williams also stated that the Change of Zone request is before the Council. Some discussion followed with Chairman Berkey and Commissioner Reading noting that, the Change of Zone had not been granted yet and it was suggested that the Resolution be revised to note that this action was contingent upon the Council ' s decision. Minutes Palm Desert Planning Commission October 4, 1977 Page Five VI . PUBLIC HEARINGS (Cont . ) B. Case No. CUP 06-77 (Cont . ) There being no further discussion, Chairman Berkey declared the public hearing open and asked the applicant to speak at this time . Gary Lohman representing the applicant noted that he would speak after any opponents . Chairman Berkey asked if there was anyone wishing to speak in OPPOSITION of the case. Being none the applicant spoke at this time . GARY LOHMAN, 73-210 El Paseo, representing the applicant spoke to the Commission and raised the question as to the number of parking spaces could be more than stated or less than stated upon completion of the project . Mr . Williams noted that it could be more but not less than specified. Mr. Lohman requested that Special Condition No. 5 be made to read or equivalent , with regard to the required six (6) foot masonry wall . 1-Jr. Williams stated that the Condition could be changed to read as stated and the Commission agreed. ALEXIS NEWBRANDER, 42-260 Cottage Lane , spoke to the Commission noting that the specified number of spaces being 146 would control the type of businesses that would be able to locate in the business. There being no further discussion, Chairman Berkey declared the public hearing closed and asked for the pleasure of the Commission . Commissioner Snyder moved and Commissioner Kryder seconded that the project be approved with the change in the Resolution and the change in Special Condition No. 5, by Planning Commission Resolution No. 287; carried unanimously (5-0) . `Ti i niii Divc1Tvi,130 Chairman Berkey noted a conflict of interest at this time and excused himself . A. Council Referral Case No. C/Z 07-76, Parcel A, ' S ' Study existing zone . Pursuant to Section 25. 39--7 . 06 of the Zoning Ordinance , the City Council referred this case to the Commission for a study and report on the most appropriate alternative to the original Planning Commission recommendation of PR-10. Mr . Williams reviewed the staff report noting that the City Council had requested that the Commission consider these alter- natives : PR-6 thru 9, S .P. , R-1 , S .P . The staff was recom- mending PR-7, S.P. on the property under consideration for various reasons as noted in the staff report . Commissioner Kryder stated his agreement with the staff recom- mendation and the PR-7 S.P. zoning designation would be a bene- fit to the City. The other Commissioners noted their agreement . A minute motion was made by Commissioner Kelly and seconded by Commissioner Snyder to recommend PR-7, S .P. for the property under consideration to the City Council . Carried (4-1) AYES : Kelly, Kryder, Snyder, Reading; ABSTAIN : Berkey. THERE WAS A BRIEF RECESS AT 8 : 10 P.Al. THE MEETING WAS RECONVENED AT 8:25 P.M. Minutes Palm Desert Planning Commission October 4, 1977 Page Six VII . OLD BUSINESS B. Review of public hearing draft of COD Area Specific Plan and Citizen Input Program. Mr . Williams noted that if the draft was approved at the October 19th meeting the plan would be circulated. ..► The Commission complimented staff on their work and had only one suggestion on the letter to the citizens. Commissioner Kelly also noted that the size of the COD campus might make people leary of attend- ing the neighborhood meetings and with school in session at night there might also be a parking problem. Commissioner Kelly suggested that the Middle School might be a better location and the citizens would also be able to see the new school . The report was continued to the October 19th meeting. VIII . NEW BUSINESS A. Consideration of a Resolution announcing findings and making recommendations to the City Council regarding two reports submitted to the City by the Coachella Valley Association of Governments. Mr. Williams presented the resolution. Chairman Berkey asked if the Commission had any questions. Being none, he asked for a motion. Motion by Commissioner Reading, seconded by Commissioner Kryder to ap- prove Planning Commission Resolution No . 288 as written and forward to the City Council ; carried unanimously (5-0) . • B. Case No . C/Z 08-77, PALM DESERT PLANNING COMMISSION, Applicant A request that the Palm Desert Planning Commission initiate a public hearing for the meeting of November 1 , 1977 to consider a change of zone from Study District (8) to PR-6 , S .P. ; PR-4 , S .P. ; Public Institutional (P) ; R-2(5) , S .P. ; and R-1 or other zones as may be deemed appropriate for a 225-acre parcel located north and east of the College of the Desert campus . A minute motion was made by Commissioner Snyder, seconded by Commissioner Kelly to set the case for public hearing on November 1 , 1977; carried unanimously (5-0) . C. Case No. C/Z 09-77, PALM DESERT PLANNING COMMISSION , Applicant A request that the Palm Desert Planning Commission initiate a public hearing for the meeting of November 1 , 1977 to con- sider a change of zone from Study District (S) to PC (4) , S.P . (Planned Commercial Resort) and PR-5 , N (Planned Residential) or other zones as may be deemed appropriate for a 15-acre par- cel located at the northeast corner of Highway Ill and Deep Canyon Road. Now A minute motion was made by Commissioner Kryder, seconded by Commissioner Kelly to set the case for public hearing on November 1, 1977 ; carried unanimously ( 5-0) . Minutes Palm Desert Planning Commission October 4, 1977 Page Seven IX. DESIGN REVIEW BOARD ITE31S A. Review of cases acted on by the Design Review Board at their meeting of September 20, 1977. Mr . Williams reviewed cases 111SA, 83MF, 87MF, 59C, noting that a late response was received from the City of Indian Wells in reference to Case 83MF recommending a channel down eastside of the tract . Chairman Berkey asked if the applicant would be required to join an assessment district . Mr. Cook noted that it was not within the Cook Street alignment . Mr. Williams noted that he mentioned the response received from City of Indian Wells just for the record and that the Conditions of Ap- proval covered the assessment district question . Mr. Freed reviewed Case No . 68MF pointing out the treatment along San Luis Rey including the berming and elevations . Com- missioner Reading questioned the visibility for vehicles on the road. Commissioner Snyder noted the plans were not ac- curate with regard to the road and its location. Some discussion followed regarding the roads, drainage channel , landscaping on streets as pointed out by Commissioner Reading. Case No. 59C was discussed further and Chairman Berkey asked if the applicant would tell the Commission of some of the features of his project . CHARLES MARTIN, 73-612 Highway 111 , told the Commission of the sprawl type development he was proposing and noted that most of the area was covered with parking. He also noted the advantages of the solar energy concept he had proposed. �r.r+ The Commission commended Mr . Martin for his solar energy con- cept and the underground parking , both needed in our community. Com- missioner Kryder noted the ultra modern outside archectural treatment was not compatible to the surroundings . The Commissioners agreed that they appreciated the idea but hoped the applicant would bring in anpther concept for the outside architectural treatment . The Commission aroved the following cases 111SA, 83MF, 87MF, 68MF by Planning Commis- son Resolution No. 289; motion by Commissioner Snyder , seconded by Com- , ssioner Reading, carried unanimously (5-0) . Case No. 59C was con- finued to a the October 19th meeting; motion by .Commissioner Kelly, ;!seconded by Commissioner Kryder , carried unanimously (5-0) . A Mr . Williams asked that the Commissioners advise the secretary of the dates they could attend a Design Review Board meeting as planned at the joint meeting with the DRB. Each Commissioner took a date cover- ing meetings through December 6, 1977. X. DISCUSSION ITEMS A. Discussion regarding a possible amendment to the By-laws of the Planning Commission relative to the Secretary ' s powers to present last minute items to the Commission . Mr. Williams noted that the Planning Commission is supposed to be notified of any items referred back from City Council at their next meeting. He then asked if there was any discussion at this time. The Commission agreed that there was no need for a change in the By-laws. Minutes Palm Desert Planning Commission October 4, 1977 Page Eight XI . ORAL COMMUNICATIONS - None XII . COMMENTS A. City Staff - Mr. Cook notified that the Commission was invited to attend the presentation of the Master Drainage Plan, Thursday evening at 5 : 30 p .m. B. City Attorney - Not present C. Planning Commissioners - Commissioner Reading asked if C/Z 08-77 was covered in the COD Specific Area Plan . Mr . Williams indicated that it was . The Commission asked that staff get advice from our attorney on the lot split ques- tion. XIII . ADJOURNMENT Motion by Commissioner Reading, seconded by Commissioner Kryder that the meeting be adjourned at 9 : 23 p .m. ; carried unanimously (5-0) . PAUL A. WILLIAMS, Secretary ATTEST : GEOR E BERKEY, Chairm n /ks low