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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 . maw 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 wow 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: a t a GLORIA KELLY, Chairman ,, If /ks