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HomeMy WebLinkAbout1101 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - NOVEMBER 1 , 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 t. III . ROLL CALL Present : Commissioner KELLY Commissioner KRYDER Commissioner SNYDER Chairman BERKEY Absent : Commissioner READING (Excused) Others Present : Paul A. Williams - Director of Environmental Services Clyde Beebe - Assistant City Engineer Ralph Cipriani - Associate Planner Kathy Shorey - Planning Secretary IV. APPROVAL OF MINUTES A. MINUTES of the regular Planning Commission meeting of October 19, 1977. Mr. Williams requested that the following corrections be made : Page four , first paragraph, after third sentence add: "and the Commissioners were invited to attend the meeting. " Page four, last paragraph, after the first sentence add : "and the President of the Parks Foundation . " Page six, 2nd paragraph, after the first sentence add: "should continue. " Page six, 4th paragraph should read as follows : "Commissioner Kryder pointed out that there appears to be a built in inflexibility in that lower staff is not able to make decisions and this is a waste of time and causes delay. " On a motion by Commissioner Kelly, seconded by Commissioner Kryder , the minutes of October 19, 1977, as amended, were approved by a unanimous vote , (4-0) . V. WRITTEN COMMUNICATIONS A. Letter from Mr. Phil Reed, Chairman of the CVAG Environmental Committee. Mr. Williams reviewed the letter with the Commission. It was moved by Commissioner Snyder, seconded by Commissioner Kelly to accept and file the letter; motion carried unanimously (4-0) . VI . PUBLIC HEARINGS Chairman Berkey announced that prior to this meeting, the Com- mission had met in a Study Session for the purpose of clarifying the staff recommendations. No decisions were reached. Chairman Berkey then ex- plained the Public Hearing procedures to those present . Minutes Palm Desert Planning Commission November 1, 1977 Page Two VI . PUBLIC HEARINGS (Cont . ) A. Case No. C/Z 10-77 - AFFILIATED CONSTRUCTION CO. , INC. Applicant Request for a change of zone from PR-5 to PR-7 for a 10-acre parcel generally located on the north side of Candlewood just west of the Palm Desert City Limits. Mr. Williams reviewed the case, speaking about the prior Development Plan which had expired. He noted concerns for how the development would be treated. Chairman Berkey requested that the Development Plan be re- viewed and then the Commission could decide on both, since they were related. B. Case No. DP 11-77 - AFFILIATED CONSTRUCTION CO. , INC. Applicant Request for approval of a Development Plan to construct 168 hotel units and 62 condominium units and create 9 single-family lots on approximately 16 acres on the south side of Highway 111 , west of the Palm Desert City Limits in the P.C. (4) , S.P. and proposed PR-7 zone district . Mr. Williams reviewed the case noting the elevations of the condos . He stated that the Design Review Board had ac- cepted the plans as submitted except for the side yards and the pavement treatment . He further noted the Design Review Board conditions and reviewed the Special Conditions of Ap- proval . Mr. Williams noted a change in Special Conditions ' II ,A, 3 and II ,A,4 to read as follows : No. 3 - Modifications to off-site streets shall be made to provide for egress and ingress satisfactory to the City Engineer. No. 4 - Drainage facilities satisfactory to the City Engineer shall be pro- vided. Chairman Berkey asked what was proposed along the frontage road near Cook St . by Indian Wells. Mr. Williams indicated that a small shopping center was planned. Chairman Berkey opened the Public Hearing and asked if the applicant would give his reasons for requesting a Change of Zone and higher density request . FRANK GOODMAN, 77-900 Avenue of the States , applicants spoke to the Commission and stated that his was a very viable project and that was his reason for the change of zone request . His reason for the density change -' Anil _. � request was to provide a buffer on Candlewood. With regard to the Change of Zone staff recommendations he W,* ;is in total agreement with staff. With regard to the Development Plan, Mr. Goodman addressed himself to Special Conditions IV,B, 6a, noting that he wanted a 20 foot buffer between parking and building and not move the building as the condition suggests. Also he felt 20 additional parking spaces instead of 32 would be sufficient . With regard to the drainage issue, Special Condition II ,A,4, he felt that it should not be up to the City Engineer. Mr. Goodman noted that he preferred open drainage ditches landscaped for ease of maintenance and safety sake. In reference to Special Condition II ,B, 4 rather than recessing the proposed tennis courts, he pre- ferred to landscape the area. Mr. Goodman noted that he concurred with the rest of the conditions. Minutes Palm Desert Planning Commission November 1 , 1977 Page Three VI . PUBLIC HEARINGS (Cont . ) A. Case No. C/Z 10-77 and Case No. DP 11-77 (Cont . ) Chairman Berkey asked if there was anyone wishing to speak in FAVOR of the project . Being none he asked if there was anyone wishing to speak in OPPOSITION. ..► ALICE BREES, 74-741 Candlewood, representing the property owners opposite to the project , spoke to the Commission noting that the present homes in the area she represents are much larger and they feel that the number of homes proposed should be reduced to 6 from 8. She also inquired about the drainage plan in the La Rocca project and that it still has not been installed. KERMIT MARTIN, 74-000 Highway 111 , representing the Southern California Edison Co. , noted that he was not opposed but felt that the Commission and developers should know the Edison proposes to ex- pand it ' s facilities that are located west of the proposed hotel and that this should be kept in mind with regard to landscaping. Mr. Goodman addressed himself to Mrs. Brees ' con- cern over the LaRocca drainage problem and stated that it will be done soon. To Mr. Martin he stated that the brochures for the project will note the planned substation expansion. Commissioner Snyder asked Mr. Goodman for a better reason err for his request for a Change of Zone. Mr. Goodman indicated that the buffer will improve the neighborhood. Chairman Berkey asked Mr. Beebe to explain the drainage question. Mr. Beebe stated that the Master Drainage Plan will be acted upon in three to four weeks and if possible the question on drainage could be answered when the Tentative Map is sub- mitted and a more concrete wording could be used at that time. Chairman Berkey noted that the concern was the blank check wording of the condition. Mr. Beebe suggested that a condition could be added to say : "Such conditions as may be attached to the Tentative Map . " Mr. Goodman noted that he felt he had no choice and he would have to comply at one time or another to the condition. Mrs. Brees asked the size of the single family lots and again noted her concern for the high density and again requested that it be lowered. rin.n Mr. Goodman stated in response to Mrs. Brees ' question that the lots would be 9, 900 sq. ft . Chairman Berkey closed the Public Hearing and asked for the pleasure of the Commission. Commissioner Kelly noted her dislike for the increased density ad' it will increase the traffic on Deep Canyon. Commissioner Kryder was in agreement. Some discussion followed as whether to deny the request for the Change of Zone or to continue the case until better reasons could be supplied by the applicant for his request . Minutes Palm Desert Planning Commission November 1 , 1977 Page Four VI . PUBLIC HEARINGS (Cont. ) A. Case No. CJZ 10-77 and Case No. DP 11-77 (Cont . ) On a motion made by Commissioner Kelly, seconded by Commis- sioner Kryder, the Commission denied the request for a Change of Zone by Planning Commission Resolution No. 294; carried unanimously (4-0) . Chairman Berkey referred to the Development Plan and asked the Commission if it should be denied or continued. Commissioner Kelly asked if they could see the single-family plans along with the total plans for the development . Mr. Williams advised no, as single family residences are reviewed and approved by staff. Commissioner Kryder suggested that the condominiums be reduced to 53 and leave the single family residences as is. Mr. Goodman stated that he would like a figure in between 62 and 53, stating that the eight large lots for the single family residences would serve as a buffer. Commissioner Kryder noted that the present zone is in agree- ment with the plans submitted. Mr. Williams indicated that a total of 63 lots would be allowed, either 6 lots for the single family houses and 57 condos or 7 lots and 56 condos. Chairman Berkey asked that it be verified that there were six lots across the street from the proposed project . It was verified. Commissioner Snyder asked if the applicant would agree if the zone was changed to PR-6 . The applicant agreed. A motion was made by Commissioner Snyder and seconded by Com- missioner Kryder to rescind the previous motion to deny the Change of Zone request by Planning Commission Resolution No. 294; carried unanimously (4-0) . A motion was then made by Commissioner Snyder, seconded by Com- missioner Kryder to approve a Change of Zone from PR-5 to PR-6 by Plan- ning Commission Resolution No. 294; carried unanimously (4-0) . Mrs. Brees asked if the 7 lots would be sold and she also noted her concern for the numerous two story buildings that are going up around town . Mr. Williams stated that buildings can be two story or 30 feet high whichever is less. Mr . Williams reviewed the resolution and conditions for the condominium and single family phase and noted that it would become Case No. DP 11-77A and the hotel concept would be DP 11-77B. With re- ference to Case No. DP 11-77A the following changes should be made to the conditions : Special Condition II ,A, l - Approval is hereby limited to 56 condominium units and 7 single family lots; II ,A, 3 - Modifica- tions to off-site streets shall be made to provide for egress and ingress satisfactory to the City Engineer shall be provided; II ,A,4 - Drainage facilities satisfactory to the City Engineer shall be provided. The Special Conditions for the hotel will be deleted and the condominium complex conditions under the section headed C would become B and the Design Review Board conditions under the section headed D would be- come C with the deletion of condition 1 and 2 leaving condition 3 which would become condition 1 . `.r A motion was made by Commissioner Snyder to approve Case No. DP 11-77A with the amended conditions by Planning Commission Resolution No. 295, seconded by Commissioner Kryder; carried unanimously (4-0) . Mr. Williams reviewed the hotel concept (DP 11-77B) and stated that he had spoke with other cities and they favored the hotel concept submitted. Minutes Palm Desert Planning Commission November 1, 1977 Page Five VI . PUBLIC HEARINGS (Cont . ) B. Case No. DP 11-77B (Cont . ) Chairman Berkey asked how the transient occupancy . ta - inforced and if it would cause any hardship to the City to do so. Mr. Williams stated that the City already enforces this issue. Some discussion followed with regard to the C.C. &R. ' s and how they would l.r cover the limitations. Chairman Berkey asked Mr. Goodman how the concept would be enforced. Mr. Goodman indicated that they must be sold as an investment , a manager would be on duty to handle the complex as a hotel and they would be sold standardly furnished by the hotel management . Chairman Berkey asked if there was anyone wishing to speak in FAVOR or in OPPOSITION to the project . Being no one, he declared the public hearing closed and asked if there were any questions of the Commissioners. Some discussion followed with regard to the owners and renters. A motion was made by Commissioner Kryder, seconded by Commissioner Kelly to approve the hotel complex by Planning Commission Resolution No. 296, carried unanimously (4-0) . Mr. Williams reviewed the conditions for DP 11-77B noting that the following changes would be made : Special Condition II ,A, l - Approval is hereby limited to 168 hotel units; II ,A, 3 - Modifications to off-site streets shall be made to provide for egress and ingress satisfactory to r the City Engineer; II ,A,4 - Drainage facilities shall be provided satis- factory to the City Engineer; the conditions under section II ,B would remain as is; under section II , C condition 3 would be deleted. Chair- man Berkey asked if this was in agreement with those that had made the motion. They agreed. C. Case No. PM 11390 - PASQUAL PROPERTIES, LTD. , Applicant Mr. Williams noted that the property owners had not been pro- perly legally notified of this case and he suggested that the case be continued. A motion was made by Commissioner Snyder, seconded by Commis- sioner Kelly to continue the case for one month; carried unanimously (4-0) . D. Case No. C/Z 08-77 - INITIATED BY THE PALM DESERT PLANNING COMMISSION Request that the Planning Commission change the zoning from Study District (s) to Study District (S) for a 225-acre parcel located north and east of COD, between the Whitewater River Storm Channel and 44th Avenue. Mr. Williams reviewed the request stating that he had spoken to several of the property owners and because of the COD Area Specific Plan proposal staff was suggesting that the zone stay as ' S ' Study until after the neighborhood meetings and public comments were received. He also noted that he had received a verbal request from the owners of 62 acres to change the zone as originally planned. Mr. Williams then gave the reasoning for delaying the change of zone, due to the time it takes for public hearings and the neighborhood meetings. Minutes Palm Desert Planning Commission November 1, 1977 Page Six VI . PUBLIC HEARINGS (Cont . ) D. Case No. C/Z 08-77 (Cont . ) Chairman Berkey noted that this was a Planning Commission initiated request but that the public was invited to speak and so he declared the Public Hearing open. DAVID BOND, 44-532 San Pasqual , spoke to the Com- mission questioning which area he was involved in and what his concerns should be . Mr. Williams noted that he was not in an area of concern but he was welcome to attend the neighborhood meetings. Chairman Berkey closed the Public Hearing and asked if the Commissioners had any questions. Commissioner Kelly stated that she felt the case should be continued until the 29th of November so the public comments could be received at the neighborhood meetings. A motion was made by Commissioner Snyder and seconded by Com- missioner Kelly to continue the case until November 29th; carried unanimously (4-0) . E. Case No. C/Z 09-77 - INITIATED BY PALM DESERT PLANNING COMMISSION A request that the Planning Commission approve and forward to the City Council a Change of Zone from ' S ' (Study) to PC(4) , S .P. (Planned Commercial Resort , Scenic Preservation Overlay) and PR-5, N, S.P. (Plan- ned Residential - 5 dwelling units per acre, Scenic Preservation and Natural Factor Overlay) on property located at the at the northeast corner of the inter- section of Deep Canyon Road and Highway 111. Mr. Williams reviewed the case and noted the circulation discussion of the staff report . Chairman Berkey noted that this was a Planning Commission initiated request but that the public was invited to speak and so he declared the Public Hearing open. JOSEPH RAPKIN, Canal Rd. , Rancho Mirage, spoke against the proposed change of zone and stated that he was speaking for himself and the property owners to the west of his property. He referred to the previous Planning Commission meetings, and change of zone considerations. He indicated that he and the other owners he represents feel that the proposed change of zone would hurt the area. Further he feels that PC-4 would be better or leave it in ' S ' . The property owner to the west has an offer to sell contingent on the change of zone decision. Chairman Berkey closed the public hearing and asked for any comments by the Planning Commissioners. Commissioner Snyder commented that the zone could be left as since Mr . Rapkin speaks for almost half of the property owners. Mr. Williams stated that a small property owner accepted the proposed change of zone. Minutes Palm Desert Planning Commission November 1 , 1977 Page Seven VI . PUBLIC HEARINGS (Cont. ) E . Case No. C/Z 09-77 (Cont . ) Some discussion followed regarding leaving it in the ' S ' zone or possible spliting up the parcel and change part of it but this would create a circulation problem. On a motion by Commissioner Snyder, seconded by Commissioner %New Kelly, the Commission approved a change of zone on the land fronting Highway 111 to PC(4), S.P. & the area along Deep Canyon to PR-5, N, S .P. by Planning Commission Resolution No. 297; carried unanimously (4-0) . THERE WAS A BRIEF RECESS AT 9:00 P.M. THE MEETING WAS RECONVIIVID AT 2:40 P.M. t/ I� F `J�J VII . OLD BUSINESS - None VIII . NEW BUSINESS A. County Referral TT 10849 , FRED MOTTLE , Applicant Request for a 240-lot mobile home subdivision west of Monterey, north of Country Club Drive and adjacent to Palm Desert Greens. Mr. Williams reviewed the request noting that this is an expansion of Palm Desert Greens. On a motion by Commissioner Kryder, seconded by Commissioner Kelly the Commission approved the proposal and directed the Secretary to forward the Commissions comments as stated in the staff report to the Riverside County Planning Dept . ; carried unanimously (4-0) . B. County Referral PM 10759, JACKSON J . TIDWELL, Applicant Request for approval of a tentative parcel map to create 3 parcels from a 7. 08-acre parcel generally located westerly of Painted Canyon Road and southerly of Encelia Way. Mr. Williams reviewed the request noting that the Engineering Dept . is requesting that the access to parcels 2 and 3 should be en- larged and should be paved. On a motion by Commissioner Kelly, seconded by Commissioner Kryder, the Commission approve the proposal and directed the Secretary to forward the Commissions comments including the Engineers statement to the Riverside County Planning Dept . carried unanimously (4-0) . IX. DESIGN REVIEW BOARD ITEMS B. Review of cases acted on by the Design Review Board at .w their meeting of October 11 , 1977, Case No. 58C. Mr. Williams reviewed the case and Mr. Cipriani noted the revised site plan. The ends of the building will be slump-stone and the doors will be dark brown . The staff will have to work out the parking. Parking could be put at the rear of the building. Commis- sioner Snyder questioned the flat roof. CHARLES GIBBS, 70-673 Oroville Circle , Rancho Mirage, spoke to the Commission and stated that the roof is to be made of sulay steel and it allows for drainage. MINUTES AME-NOL- Minutes Palm Desert Planning Commission November 1 , 1977 Page Eight IX. DESIGN REVIEW BOARD ITEMS (Cont . ) Commissioner Kryder asked if there would be any air condition- ing on the roofs . Mr. Gibbs stated there would be none. Mr. Williams stated that 42nd Avenue would be extended. Mr. Cipriani stated that the project will be done in stages. Mr. Beebe indicated that a change was needed in condition f ., 7, it should read as follows : "Lighting of parking areas and premises shall be provided as approved by the Director of Environmental Services . Street lights shall be installed as approved by the City Engineer. " Some discussion followed over this condition. Mr. Beebe noted that street lights would be needed at Cook and 42nd. It was moved by Commissioner Kelly, seconded by Commissioner Kryder to approve the Design Review Board Actions of October 11, 1977 with the addition to Condition No. 7 to read as follows : "Lighting of parking areas and premises shall be provided as approved by the Director of Environmental Services. Street lights shall be installed as approved by the City Engineer" by Planning Commission Resolution No. 299; carried unanimously (4-0) . A. Review of cases acted on by the Design Review Board at their meeting of October 25, 1977 . Mr. Cipriani reviewed the cases starting with Case No. 88MF and Mr. Williams noted that the Design Review Board wants a cluster of trees at the driveway and similar treatment at the end of the building. Mr. Jennings the applicant was present . Regarding Case No. 89MF and 90MF there was some discussion on the driveways and the garages. In reference in Case No. 32MF Mr. Williams noted that the Design Review Board requests 32 trees in front . Mr. Williams also noted that Case No. 92MF had been reviewed with DP 11-77A earlier in the meeting. Mr. Williams then reviewed Case No. 91MF and covered the various con- cerns of the Design Review Board as stated in their minutes. Mr. Cipriani reviewed Case No. 50C and there was some discussion on the enclosure area. He then reviewed Case No. 61C. Mr. Bernie Leung was present . It was moved by Commissioner Snyder and seconded by Commissioner Kelly to approve the actions of the Design Review Board on October 25 , 1977 by Planning Commission Resolution No. 299 ; carried unanimously (4-0) . X. DISCUSSION ITEMS - None XI . ORAL COMMUNICATIONS - None XII . COMMENTS A. City Staff - Mr. Cipriani noted that the Mayor has requested that a member of the Commission serve on the CVAG Housing and Community Development Subcommittee. Commissioner Kryder volunteered to serve. Mr. Williams stated that the first COD Area Specific Plan neighborhood meeting would be on Nov. 2nd, the 2nd on the 3rd, the 3rd on the 7th which they expect to have a big turn out at this meeting, the 4th meeting on the 8th and the final meeting on the 9th. He stated that he hoped a Commissioner would be able to attend some of the meetings. Minutes Palm Desert Planning Commission November 1, 1977 Page Nine XII . COMMENTS (Cont . ) Mr. Williams reviewed the joint meeting of Parks and Recreation Commission and the City Council and stated that it was a very productive meeting. The Parks and Recreation asked the Council to give its highest priority to obtain- ing land for the parks. Mr. Williams also mentioned that there is a new energy policy coming out of Sacramento and Jim Hill might talk to the Commission about it . B. City Attorney - Not present . C. Planning Commissioners - Chairman Berkey asked that the Commission continue to have out- side speakers and he asked the the secretary to have one for the November 16th meeting. He made the following suggestions for speakers : Bud Engel to tell of his ideas; Bill Northrup, to tell of the energy program in Indio; and, Dick Smith to tell of his experiences in Planning. XIII .ADJOURMENT On a motion by Commissioner Snyder, seconded by Commissioner Kelly the meeting was adjourned at 10 :05 p .m. ; carried unanimously (4-0) . YPUL AA "WILLIAMS , Secretary ATTEST: GEORGE BERKEY, Chair an /ks flirt