HomeMy WebLinkAbout1031 MINUTES
PALM DESERT PLANNING COMMISSION MEETING
TUESDAY - OCTOBER 31 , 1978
7 : 00 PM - CITY HALL COUNCIL CHAMBERS
I . CALL TO ORDER
The regular meeting of the Palm Desert Planning Commission
was called to order by Chairman Kelly at 7 : 00 p.m. , in the Council
Chambers of the Palm Desert City Hall .
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II . PLEDGE - Commissioner Berkey
III . ROLL CALL
Present : Commissioner Berkey
Commissioner Fleshman
Commissioner Kryder
Commissioner Snyder
Chairman Kelly
Others
Present : Paul Williams - Director of Environmental Services
Murrel Crump - Principal Planner
Ralph Cipriani - Associate Planner
Clyde Beebe - Director of Public Works
Kathy Shorey - Planning Secretary
IV. APPROVAL OF MINUTES
A. Minutes of regular meeting of October 3, 1978 .
On a motion by Commissioner Berkey, seconded by Commissioner
Snyder , the Commission approved the minutes as written; carried unani-
mously (5-0) .
B. Minutes of special meeting of October 18, 1978.
Mr . Williams noted the following correction to the minutes:
Page 1 , under "Present" should read Chairman Kelly.
On a motion by Commissioner Berkey, seconded by Commissioner
Fleshman, the Commission approved the minutes as corrected; carried
unanimously (5-0) .
V. WRITTEN COMMUNICATIONS - None
VI . PUBLIC HEARINGS
Chairman Kelly announced that prior to this meeting, the Com-
mission had met in a Study Session for the purpose of claryifying the
staff recommendations. No decisions were reached. Chairman Kelly
then explained the Public Hearing procedures to those present .
A. Continued Case Nos. CUP 07-77 , Related EIR, and 140MF -
ROBERT RICCIARDI , Applicant
Request for approval of a Conditional Use Permit
and Preliminary Design Review and certification
of the related draft EIR as complete to allow con-
struction of an access road within the Hillside
Overlay Zoning District within the Cahuilla Hills
Area.
Minutes
Palm Desert Planning Commission
October 31, 1978 Page Two
VI . PUBLIC HEARINGS (Cont . )
A. Case Nos. CUP 07-77 & 140MF (Cont . )
Mr . Cipriani reviewed the case and the Conditions of Ap-
proval . Mr . Williams noted the change in date on the Resolution.
Commissioner Kryder asked why there was a condition re-
quiring low profile lighting. It is a private road and why would
it need to be lighted.
Mr. Beebe stated that lighting the road would assist the
police and fire department at night time and also because of the
steep slopes and sharp curves.
Commissioner Berkey asked if reflectors could be used in-
stead.
Mr . Beebe stated that a combination of both for safety pur-
poses would be good or the use of guard rails would be good.
There was some discussion with regard to the scarring of the
land that will be caused if the road is put in and if the Conditions
are adequate enough to protect the area sufficiently. Mr . Beebe
stated that he felt that the conditions as presented would deal with
the problem sufficiently.
Chairman Kelly declared the Public Hearing open and asked if
the applicant wished to speak at this time. The applicant not being
present , she asked if there was anyone wishing to speak in FAVOR or
in OPPOSITION to the proposed project . Being none, she declared the
Public Hearing closed and asked for the pleasure of the Commission.
Commissioner Kryder noted that he had some reservations about
the lighting but would go along with it .
Commissioner Fleshman stated that the road should not go into
county area and that the EIR is not complete as it does not cover all
the issues. The Commission should consider the specific plan being
prepared on this land.
Commissioner Snyder agreed and noted that the plan for the
Cahuilla Hills area should be reviewed before the case is approved.
Commissioner Berkey asked if this is going to be a private
road. Mr. Williams noted that it would be. He also noted that the
specific plan recommends no public roads in the area only private.
Chairman Kelly stated that it is premature to decide on any-
thing in this area until the study has 'been completed and reviewed.
She again noted that the scarring of the land is her concern.
Commissioner Kryder stated that it is a private area and they
can really do what they want .
Chairman Kelly 'declared the Public Hearing reopened.
Un a motion by Commissioner Berkey, seconded by Commissioner
Kryder , the Commission continued the case to await discussion on the
area study, to the meeting of November 15, 1978 ; carried unanimously
(5-0) .
B. Continued Case No. PM 13433 - CHARLES GIBBS , Applicant
Mr. Williams noted a letter received from the applicant re-
questing a continuance of the case to November 15, 1978 , due to a
possible change in the parcels.
On a motion by Commissioner Snyder , seconded by Commissioner
Fleshman, the Commission continued the case to November 15, 1978;
carried unanimously (5-0) .
Minutes
Palm Desert Planning Commission
October 31 , 1978 Page Three
VI . PUBLIC HEARINGS (Cont . )
C. Case No. PM 13588 - CHARLES D. & LORETTA RILEY, Applicants
Mr . Williams noted a letter from the applicants requesting
that the case be continued.
On a motion by Commissioner Berkey, seconded by Commissioner
low Kryder , the Commission continued the case to December 5, 1978; carried
unanimously (5-0) .
D. Case Nos. PM 13583 and PM 13584 - HUGHES INVESTMENTS,
Applicant
Request for approval of two Parcel Maps which implement
an approved Conditional Use Permit for a commercial
development generally located east of Highway 74, be-
tween Highway 111 and El Paseo, as follows:
PM 13583 - A map combining four 0. 25 acre parcels into
one parcel of 1 acre, on the south side of
Highway 111 (frontage road) , occupying the
northeastern corner of the development site.
Pid 13584 - A map dividing a 1. 2 acre parcel into two
parcels containing 0. 41 acres and 0. 79 acres,
on the southwestern portion of the develop-
ment site.
Mr . Crump reviewed the cases and the conditions of approval
and noted Condition No. 5 on Case No. PM 13584 which was a concern
of the Southern California Edison Company.
Chairman Kelly declared the Public Hearing open and asked if
the applicant wished to speak at this time.
RON ROBERTS, SGPA, representing Hughes Investments,
referred to Condition No. 4 on both cases and asked if
they could have CC&R' s instead of this condition.
Commissioner Fleshman stated that the easement in question
should be recorded as part of the final recordation of the Tract Map.
Mr . Williams noted that they could make it read "restriction" instead
of "reciprocal" easement .
Condition No. 4 was changed to read on both cases : CC&R' s
that include a recorded easement , shall be approved as a part of
the Final Map that would include all the parcels of CUP 09-78 .
On a motion by Commissioner Fleshman, seconded by Commissioner
Snyder, the Commission approved Case No. PM 13583 by Planning Commission
Resolution No. 416 and Case No. PM 13584 by Planning Commission Resolu-
tion No. 417 ; carried unanimously (5-0) .
E. Case No. TT 13323 - ROGER BOYAR DEVELOPMENT, Applicant
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Request for approval of a Tentative Tract Map to sub-
divide 8 . 41 acres to create 4 lots, the subject pro-
perty being located west of Highway 74 within the Kings
Point Condominium project .
Mr. Crump reviewed the case and noted the conditions of approval .
Chairman Kelly declared the Public Hearing open and asked if the
applicant wished to speak at this time. The applicant noted his agree-
ment with the staff ' s recommendation. Chairman Kelly then asked if
there was anyone wishing to speak in FAVOR or in OPPOSITION to the case.
Being none, she declared the Public Hearing closed and asked for the
pleasure of the Commission.
Minutes
Palm Desert Planning Commission
October 31 , 1978 Page Four
VI . PUBLIC HEARINGS (Cont . )
E. Case No. TT 13323 (Cont . )
Commissioner Snyder asked if the Conditions of Approval on
the Development Plan would apply to this case. Mr. Crump noted
that they would as indicated in Standard Condition No . 12.
On a motion by Commissioner Berkey, seconded by Commissioner
Kryder, the Commission approved the Case by Planning Commission Re-
solution No. 418 ; carried unanimously (5-0) .
F. Case No. TT 13008 - COVE CONSTRUCTION CO. , Applicant
Request for approval of a Tentative Tract Map to
create 161 single-family residential lots on approxi-
mately 64. 4 acres within the R-1 12, 000 and R-1 12 , 000,
S.P. (Single-family residential , min. 12 , 000 sq. ft .
lot area, Scenic Preservation Overlay) zones generally
located east of Highway 74, south of Homestead Road.
Mr. Williams reviewed the case and the Conditions of Approval .
He also noted the concerns noted in the previous related cases.
Commissioner Snyder asked about Mesa View. Commissioner Berkey
asked if Condition No. 2 was sufficient . And, Chairman Kelly asked
if lot sizes met the requirements of the zoning designation. Mr .
Williams replied to these concerns that Condition No. 1 and 2 seem
to cover the concerns and that some of the lots are larger and the
size on the smaller ones can be adjusted. Commissioner Berkey
asked about the status of the fire station. Mr . Williams stated
that the City has the land and the fire station should be under
construction by the end of the year.
Chairman Kelly declared the Public Hearing open and asked if
the applicant wished to speak at this time.
ED WRIGHT, Pres. of Cove Construction , stated that
he feels that the drainage problems can be handled
and that he agrees with the staff ' s recommendations.
Chairman Kelly asked if there was anyone wishing to speak in
FAVOR or OPPOSITION to the project .
ROSE FREELANDER, 48485 Praire Dr. , noted her concern
with the drainage on Mesa View and Praire.
Mr . Williams noted that Mesa View will be double width and
part of it will have a 16 foot median. He also noted that there will
be improvements to the curbing so that the water won ' t flow onto yards.
Mr . Wright noted that the additional width of the
street will allow for more water to be carried.
Chairman Kelly declared the Public Hearing closed and asked
for the pleasure of the Commission.
Commissioner Kryder noted his concern with the drainage but
stated that the conditions should take care of that .
Commissioner Fleshman stated that cross gutters will not
handle the situation on Homestead.
Mr. Beebe stated that most of the storm drains are short and
that the City will maintain them as the streets are public.
Commissioner Fleshman asked the applicant if he would provide
drainage easement on Section H, and he suggested that he make the
easement through one property instead of two.
Minutes
Palm Desert Planning Commission
October 31 , 1978 Page Five
VI . PUBLIC HEARINGS (Cont . )
F. Case No. TT 13008 (Cont . )
Mr. Wright stated that there would be an easement .
Commissioner Fleshman also suggested that on Condition No .
4 the words "decorative where appropriate" should be added.
Mr . Williams stated that the staff felt that cul-de-sacs were
better than a loop street .
Commissioner Snyder noted his concern with the western end of
Homestead not being a water carrying street . He stated that the
applicant should work with Mr. Beebe to solve these problems.
Mr . Wright stated that the first project would create
less water.
Commissioner Snyder stated that his concern is the water that
could come down and hit Homestead.
Commissioner Fleshman asked if street C could be turned and
drain the other way.
Mr . Wright stated that this thought would also hold
true for streets B, C, & D, but Ocotillo would have
to be raised which would block the view of residents.
Commissioner Fleshman asked that Section B be restudied. Mr .
Wright stated that he would be glad to do this.
Chairman Kelly noted her agreement with the conditions as pro-
posed and noted her confidence in Mr . Beebe to handle the problems.
Mr . Beebe noted that the Commission is approving a parcel map
not the hydrology map as presented and that he does not want to make
a generalized statement.
Commissioner Fleshman stated that Mesa View should be improved
as part of the first phase, because of the fire station.
To cover the above points, the following conditions were
added7to the Special Conditions:
Add to Condition No. 4 - Said wall shall be of decorative
character adjacent to public streets.
New Condition No. 5 - Proposed improvements, as expressed
in Exhibit B, shall be installed as part of the subdivision
improvements.
New Condition No. 6 - Applicant to provide acceptable ease-
ments to accomodate drainage from Section D & H onto the pro-
perty.
New Condition No. 7 - Single easements shall be applied be-
tween lots, where appropriate.
New Condition No. 8 - Mesa View shall be fully improved as
part of the first phase.
On a motion by Commissioner Snyder , seconded by Commissioner
Fleshman, the Commission approved the case, with the additional condi-
tions, by Planning Commission Resolution No. 419; carried unanimously
(5-0) .
Minutes
Palm Desert Planning Commission
October 31 , 1978 Page Six
VI . PUBLIC HEARINGS (Cont . )
G. Case Nos. CUP 12-78 and 101C - PALM DESERT RACQUET
BALL AND HEALTH CLUB, INC. , Applicant
Request for approval of a Conditional Use Permit
and related Design Review Case to construct and
operate a 19, 200 sq. ft . racquet ball and health
club facility on an approximate 1 . 2 acre parcel
of land, located at the northwest corner of Highway
111 and Painters Path in the C-1 , S.P. (General
Commercial , Scenic Preservation Overlay) zone dis-
trict .
Mr . Williams reviewed the case and noted that the plan will
go before the Design Review Board again for approval of the land-
scape plan.
Chairman Kelly declared the Public Hearing open and asked if
the applicant wished to speak at this time. The applicant not being
present , Chairman Kelly asked if there was anyone wishing to speak
in FAVOR or in OPPOSITION to the project .
BERGET MOLLER, asked if there had been any decision
regarding the realignment of Painters Path.
Mr. Williams stated that there had been no decision made as
yet .
Chairman Kelly declared the Public Hearing closed and asked
for the pleasure of the Commission.
On a motion by Commissioner Berkey, seconded by Commissioner s
Kryder , the Commission approved the case by Planning Commission Re-
solution No. 420; carried unanimously (5-0) .
THEE WAS A BRIEF RECESS AT 8:45 P.M. THE MEETING WAS RECONV= AT 8:55 P.M.
H. Case Nos. C/Z 12-78 & DP 16-78 - SIEGEL ENTERPRISES,
Applicant
Request for approval of preannexation zoning and
related Development Plan for property generally
located on the south side of Country Club Drive,
east of Cook Street , as follows :
C/Z 12-78 - A Change of Zone from ' S' Study to PR-6
(U.A. ) (Planned residential , max. 6 du/
acre, Upon Annexation) , P.C. (2) (U.A. )
(Planned Commercial, district level , Upon
Annexation) , and P (U.A. ) (Public/Institu-
tional , Upon Annexation, on approximately
320 acres of land.
DP 16-78 - A Development Plan to develope a 1 , 120
dwelling unit golf course condominium
project on approximately 309. 5 acres;
preliminary schematics for a 9 acre dis-
trict level shopping center; and, 1 . 5
acre reservation for public uses.
Mr . Crump reviewed the cases and noted a letter received from
Mr . T. H. Taylor which objects to a commercial area being proposed
adjacent to his property. Mr . Crump then reviewed the Conditions of
Approval .
Mr . Williams noted that the City' s Sphere of Influence splits
this property. He also advised that the applicant had previously
submitted a request to the county for this property and this is a
scale down of that request .
Minutes
Palm Desert Planning Commission
October 31 , 1978 Page Seven
VI . PUBLIC HEARINGS (Cont . )
H. Case Nos. C/Z 12-78 & DP 16-78 (Cont . )
Chairman Kelly asked if perhaps something should be put in the
Resolution regarding the Sphere of Inflence to bring it to the attention
of the City Council when they review the Cases and request some response
from the City of Indian Wells.
Commissioner Berkey asked what would be developed in the first
phase. Mr. Williams stated that that would be considered as part of
the Tract Map. Commissioner Berkey stated that he would like to know
the improvements that will be made in the first phase.
Chairman Kelly declared the Public Hearing open and asked if
the applicant wished to speak at this time.
ERWIN SIEGEL, Applicant , referred to the adjacent
zoning and noted that the General Plan recommends
PR-5 to 7. He also noted that the adjacent pro-
perty that is zoned PR-5(U .A. ) could create a pro-
blem with financing as this plan is presented .
He then referred to the wall and noted that they
would like to keep the wall as it will allow privacy
and it gives continuity to the overall design .
TED ROBINSON, noted that underground crossings
create more problems than they solve (referring
to golf cart and pedestrian crossings in project) .
He also noted that there is a need for a physical
barrier to keep out motorcycles not just mounding.
Mr . Crump noted that the concern is at the entrance and other
busy areas.
Commissioner Kryder noted that there will probably be a gate
house to control any traffic problems.
Mr. Robinson noted that he has done other projects
of this type and there has been no problem with this
type of crossing.
Mr . Siegel noted that there is no speed problem
in this type of project .
Commissioner Berkey asked about the phasing of the project .
Mr . Siegel noted that it has not been set as yet as far
as phasing goes, but that the tennis courts, club house,
and first 9 holes would be done concurrently with the
lst housing phase.
Chairman Kelly asked if there was anyone wishing to speak in
FAVOR or in OPPOSITION to the project .
CLAIRE GRAHAM, 73-077 Goldflower , asked about the
width of the fairways, the setbacks and the garages,
and the size of the units.
Mr . Robinson noted that the fairways would be wider
than present courses in the area.
Chairman Kelly declared the Public Hearing closed and asked
for the pleasure of the Commission.
Minutes
Palm Desert Planning Commission
October 31 , 1978 Page Eight
VI . PUBLIC HEARINGS (Cont . )
H. Case Nos. C/Z 12-78 & DP 16-78 (Cont . )
Commissioner Berkey stated that he accepted the staff recom-
mendation of PR-4 and that the wall between the commercial area and
the residential area could be worked out . He also suggested a re-
vision be made to Special Condition No. 8 . g.
Commissioner Kryder noted his agreement with Commissioner '
Berkey and stated that he felt that the underground crossings were
not necessary and he agreed with the wall and the PR-4 zoning. He
also asked how the Commission can justify a Negative EIR when a few
feet away they are worried about the Fringe Toed Lizard.
Commissioner Fleshman noted his concern with all the units
being the same and why they are all 4-plex units. He also noted that
backing onto Country Club is bad. He noted the following concerns :
1 ) Entry on Cook Street ; 2) would like to see variety in design &
he asked about a commercial project being on all four corners of
Country Club and Cook.
Mr . Williams noted that 3 corners are proposed for commercial ,
and they will be smaller centers as a larger one is not really needed .
Commissioner Snyder had no comments at this time.
Chairman Kelly noted her agreement with the comments made
and stated that she would like to see some variety in design and she
asked about the units along the 3rd fairway.
Mr . Robinson noted that the views are good with the
rise of the land in the area of the 3rd fairway.
two
Commissioner Fleshman asked how much of the site drains onto
El Dorado Drive and where will the water go until El Dorado is ex-
tended .
Mr . Robinson stated that vertually no water will
flow south and east .
BOB SIMS, stated that the fairways will be catch
basins.
There was some discussion about Indian Wells response to their
Sphere of Influence and the effect this project will have on it . Mr .
Williams suggested that a new WHEREAS be added after the first WHEREAS
of the Resolution to read as follows: WHEREAS, the proposed property,
which is under one ownership, does extend easterly beyond our adopted
Sphere of Influence, the Commission encourages the City Council to gain
written concurrence from the City of Indian Wells regarding their Sphere
of Influence.
Commissioner Snyder concurred with the comments made by Commis-
sioner Fleshman and noted that he would like the applicant to vary -
the plans.
Mr. Siegel noted his agreement with Commissioners Snyder .r
and Fleshman and stated he will instruct the architect
to give diversity to the plans. Mr . Siegel thanked the
staff and the Commission for their help and consideration.
Mr. Williams noted the following revisions to the Conditions :
Special Condition No. 7. c. - Detail golf cart crossings
of private streets.
Special Condition No. 8 - Prior to any development of the
proposed P.C. (2) , S .P. zoning areas, an amended Develop-
ment Plan shall be submitted concerning development of
the commercial area, with the following design features :
Minutes
Palm Desert Planning Commission
October 31 , 1978 Page Nine
VI . PUBLIC HEARINGS (Cont . )
H. Case Nos. C/Z 12-78 & DP 16-78 (Cont . )
Special Condition No. 8 . g. - The transition from com-
mercial to residential should be by means of high land-
scaped berm areas (in addition to the proposed walls) .
The treatment on the commercial side of the property
should be carried over and unified with perimeter treat-
ment on the residential development .
On a motion by Commissioner Berkey, seconded by Commissioner
Kryder, the Commission recommended approval of the Change of Zone
to the City Council from ' S ' Study to PR-4, S.P. (U.A) on 309. 5 acres,
and PC(2) , S.P. (U.A. ) on 9. 0 acres, and P (U.A. ) on 1 . 5 acres, and
a related Development Plan for 320 acres with the noted revisions
to the Resolution and the Conditions of Approval by Planning Commis-
sion Resolution No. 421 ; carried (4-1) AYES : Berkey, Kelly, Kryder ,
Snyder ; NOES : Fleshman
VII . OLD BUSINESS - None
VIII . NEW BUSINESS - None
IX. DESIGN REVIEW BOARD ITEMS
A. Consideration of Cases acted on by the Design Review Board
at their meeting of October 24 , 1978 .
Mr . Crump reviewed the cases and noted the revisions as suggested
by the Design Review Board for Case Nos. 150MF & 149MF. Commissioner
Fleshman commented that the side elevations could be dressed up a little.
Regarding Case No. 131MF - there was some discussion about the wall re-
quired, and the oleanders to be placed in front of it to help control
the sand problem. Case No. 123MF was reviewed.
On a motion by Commissioner Kryder , seconded by Commissioner
Berkey, the Commission approved the actions of the Design Review Board
by Planning Commission Resolution No. 422; carried (4-1 ) AYES : Berkey,
Kelly, Kryder , Snyder ; NOES : Fleshman
X. DISCUSSION ITEMS
Mr. Williams noted a referral from the City Council on Case
No. C/Z 09-78 and DP 13-78 , LEWIS HOMES OF CALIFORNIA, Applicant . He
noted three alternatives that the Commission could take on the referral
at this time.
BETTY WILLIAMS, Rep. of Lewis Homes, spoke to the
Commission and stated that some of the lots on the
north side could have their own pools. She also
stated that Lewis Homes does not want to appear to
be in constant conflict with the Planning Commission,
*"" they want to work with the Commission and the City.
Commissioner Berkey asked if she would agree with the third
option.
Mrs. Williams replied whatever is best , she will
agree.
Commissioner Snyder stated that the City worked very hard on the
College of the Desert Specific Plan and the area should remain PR-4 .
He suggested that more land be given to the City and then the PR-4 would
be possible. He also stated the the applicant knew the problems of the
area, with regard to drainage, when the land was purchased.
Minutes
Palm Desert Planning Commission
October 31 , 1978 Page Ten
X. DISCUSSION ITEMS (Cont . )
Commissioner Fleshman asked if the Commission ' s comments could
be forwarded to the City Council at this time so that each time this
item comes before either body there is not a battle.
Mr. Williams stated it would be better to forward comments
after the case is reviewed further by the Planning Commission. It
was suggested that option three be taken and the case scheduled
for consideration on November 15, 1978 .
Commissioner Kryder stated that the Council should know that
the Commission still wants PR-4, but that it will still be discussed on
November 15, 1978 .
Alternative C was unanimously accepted by the Commission.
XI . ORAL COMMUNICATIONS - None
XII . COMMENTS
A. City Staff - None
B. City Attorney - None
C. Planning Commissioners
Commissioner Kryder asked if items like the Lewis
Homes item, could not be discussed earlier in the meeting
so as to not keep people waiting.
XIII . ADJOURNMENT
On a motion by Commissioner Snyder, seconded by Commissioner
Kryder, the meeting was adjourned at 11 : 25 p.m. ; carried unanimously
(5-0) .
PAUL A. WILLIAMS , Secretary
ATTEST:
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GLORIA KELLY, Chairman ,,
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