Loading...
HomeMy WebLinkAbout1115 MINUTES PALM DESERT PLANNING COP,MISSION MEETING WEDNESDAY - NOVEMBER 15, 1978 1 : 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 Kelly at 1 : 05 p.m. in the City Hall Council Chambers. II . PLEDGE OF ALLEGIANCE - Commissioner Fleshman III . ROLL CALL Present : Commissioner Berkey Commissioner Fleshman Commissioner Snyder Chairman Kelly Excused Absence : Commissioner Kryder Others Present : Paul Williams - Director of Environmental Services Clyde Beebe - Director of Public Works Murrel Crump - Principal Planner Ralph Cipriani- Associate Planner Kathy Shorey - Planning Secretary IV. APPROVAL OF MINUTES A. Minutes of special meeting held October 5, 1978 Chairman Kelly noted the following correction to the minutes: Page 6, last paragraph, the vote should read : "carried (4-0-1 ) AYES : Fleshman, Kelly, Kryder , Snyder; ABSTAIN: Berkey. On a motion by Commissioner Snyder , seconded by Commissioner Fleshman, the minutes were approved as corrected; carried unanimously (4-0) . V. WRITTEN COMMUNICATIONS - None VI . PUBLIC HEARINGS 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 construction of an access road within the Hillside Overlay Zoning District within the Cahuilla Hills Area. 4 Mr . Williams noted the supplemental report on the proposed road and asked if the Commission had any questions at this time. Commissioner Berkey asked to have it confirmed that the staff does feel that the road will not have any conflict with the report being done by Mr . Knippel on the area. Mr. Williams confirmed this finding. Minutes Palm Desert Planning Commission November 15, 1978 Page Two VI . PUBLIC HEARINGS (Cont . ) A. Case Nos. CUP 07-77, Related EIR and 140MF (Cont . ) Chairman Kelly declared the Public Hearing open and asked if the applicant wished to speak at this time. ROBERT RICCIARDI , 73-700 Highway 111, Applicant , exhibited an aerial photo of the area in question noting that the road would give access to the area which he hopes someday to have annexed to the City. He also noted that there will be visual changes to the area but he does not want to scar the area . Commissioner Fleshman referred to an area in Rancho Mirage that is scarred and he doesn ' t want that to happen to this area. Mr. Ricciardi commented that he wants as few cuts and fills as possible. Chairman Kelly asked if there was anyone wishing to speak in FAVOR or in OPPOSITION to the proposed project . Being none, she de- clared the Public Hearing closed and asked for the pleasure of the Commission. Commissioner Fleshman commented that the mitigation measures are vague and he does not feel that the EIR covers all the concerns. Mr . Williams stated that Special Condition No. 2 covers this concern. Mr . Ricciardi stated that when the road is cut the Planning Commission can walk the road and give their feelings at that time and other conditions of approval if something should be upgraded. Commissioner Fleshman stated that he is not against the ap- plicant developing the property, but the road will be noticeable and this in turn means a scar to the area. Commissioner Fleshman asked the the applicant show the Commission just what the road is going to look like with a drawing. The other Commissioners agreed that Special Condition No. 2 covers this issue sufficiently. Mr . Beebe suggested an additional sen- tenceto Special Condition No. 2. Commissioner Snyder noted that Special Condition No. 6 and 2 sufficiently cover the issues. Commissioner Berkey stated that the Commission should either adopt a policy of no roads in the area or permit them. He also noted that perhaps the area could be annexed to the City. Mr . Williams noted that a petition from residents in the area is needed for that . Commissioner Fleshman asked for a definition of "noticeable scar" and noted that it means different things to different people. He also noted his concern with putting the appearance of the road as the responsibility of one department , namely Public Works. Further, if a road is allowed it should be developed within the City. On a motion by Commissioner Snyder , seconded by Commissioner Berkey, the Commission approved the Conditional Use Permit and Prelimi- nary Design Review and recommended to the City Council certification of the related draft EIR as complete by Planning Commission Resolution No. 423; carried (3-1 ) AYES : Berkey, Kelly, Snyder ; NOES : Fleshman Minutes Palm Desert Planning Commission November 15, 1978 Page Three VI . PUBLIC HEARINGS (Cont . ) B. Continued Case No. PM 13433 - CHARLES GIBBS , Applicant Mr . Williams noted a request from the applicant to continue the case until December 5th, as there will be some changes on the lot boundaries. Commissioner Fleshman asked why there were no conditions re- tow garding right-of-ways, bonding, etc. Mr . Williams stated that these items will be covered when the case is considered on December 5th. On a motion by Commissioner Snyder, seconded by Commissioner Fleshman, the case was continued to December 5, 1978 ; carried unanimously (4-0) . VII . OLD BUSINESS A. Referral from City Council on Case Nos. C/Z 09-78 and DP 13-78 - LEWIS HOMES OF CALIFORNIA, Applicant Mr . Williams noted that a plan for 282 units had been submitted today. He then referred to proposed Ordinance No. 194 and noted that in terms of zoning and number of units, the present proposal conforms. Mr . Williams stated that the question now is whether there is enough meaningful open space and if the amenities package is sufficient . Commissioner Fleshman asked if the park site was okay as pro- posed at this time. Commissioner Snyder asked if there was still a need for a Change of Zone. Mr . Williams replied yes to both questions. Commissioner Berkey noted that on the south side, the set- backs from the main street are not adequate. BETTY WILLIAMS, rep. Lewis Homes, stated that the lots on the northern side are larger so that the individual homeowner has the option to put in a pool if they so desire. This will also keep the cost of the homes down. Mrs. Williams asked that this concept be approved and forwarded to the City Council . Commissioner Snyder asked how the north and south side will be separated. Mrs. Williams stated that there will be a wall . Mr. Williams asked if there were any suggestions or changes to Condition No. 11 that should be forwarded to City Council . Mrs. Williams stated that after the City Council meeting, she felt that the Council was not re- quiring an additional tennis court and that she had checked with the Mayor and he said this issue could be settled at the second reading of the Ordinance. Commissioner Berkey asked if the open space had been analyzed and he noted that it is not in conformance with the PR zoning. The NOW and portion does not provide 50o as required in the subdivision Ordinance. He stated that this is a substandard subdivision on the north side. Mr. Williams noted that the total project is near 607o in open space and that the park site is considered as part of this calculation. Commissioner Fleshman stated that the Commission must look at the total project , since there are lots that are large enough to put in their own amenities. Minutes Palm Desert Planning Commission November 15, 1978 Page Four VII . OLD BUSINESS (Cont . ) Commissioner Snyder referred to the College of the Desert Area Specific Plan and the time and effort that went into the study. He noted his agreement with Commissioner Berkey with regard to PR zoning requirements not being met . Commissioner Fleshman stated again that the Commission needs to look at the overall area and the need for this type of housing. Mr. Williams stated that the City Council wants to hear from the Planning Commission now that the applicant has complied with the Planning Commission' s concerns. He noted that the Commission is not approving this development plan presented today. In reviewing Special Condition No. 11 , the Commission agreed that the proposal in its present form did away with the need for sec- tions a-e of the condition and the word "following" in the beginning paragraph of the condition should be changed to "required" . Commissioner Fleshman suggested that the tennis court concept in the north area be moved over 60 ft . to allow for a future court if needed. Mrs. Williams agreed. Mrs. Williams asked when the City would be improving the park site. Mr . Williams noted that this would be stated in the Tract Map conditions. Commissioner Fleshman noted that the southern portion has a circulation problem and he suggested that it have a continous street not a dead end. He also suggested that one of the pools be relocated. Mr. Williams stated that the Planning Commission will still see a submittal with the revisions suggested. Commissioner Berkey noted his appreciation of the applicants efforts to comply with the City' s concerns. On a motion by Commissioner Snyder , seconded by Commissioner Berkey the Commission referred the present proposal to the Council with the noted revisions to the Ordinance and the total number of units being 282 ; carried unanimously (4-0) . VIII . NEW BUSINESS A. Coachella Valley County Water District , fiscal year 1978-79 projects in the City of Palm Desert . Commissioner Berkey asked that the CVCWD describe the intended projects in a little more detail . Mr. Williams stated that the CVCWD does this as a courtesy, notifying the City of their projects, but they still can go ahead and do as they want . There was some discussion as to the roads being torn up after some of the work is done. Mr. Beebe stated that he has revised the Encroachment permit and hopefully this will take care of the problem. Also, Mr . Beebe stated that he has an inspector that checks the roads. Commissioner Snyder suggested that if 50% of the street is torn up that they be required to resurface the whole street . Mr. Beebe noted that the area which Commissioner Snyder is concerned with will be cor- rected shortly. Commissioner Snyder noted his appreciation for this being done. Commissioner Berkey asked to have a better definition of the location of the first project proposed. Mr. Williams noted that this would be checked into. On a motion by Commissioner Berkey, seconded by Commissioner Snyder the Commission found that the subject projects are in confor- mance with the Palm Desert General Plan by Planning Commission Resolution AT- A9A ­-4--l - (A_0( Minutes Palm Desert Planning Commission November 15, 1978 Page Five VIII . NEW BUSINESS (Cont . ) B. Request for Funding Commitment , C-VAG Master Environ- mental Assessment . Mr. Williams noted that 14 different firms have given estimates for this project . Commissioner Berkey asked if the wording could be changed to read "flows within the range, etc" to "no more than" . Mr. Williams stated that this is the best way to handle it as stated. Commissioner Fleshman stated that this will help cities l� S evaluate projects as far as environmental impacts are concerned. Commissioner Kelly asked what is the good of the implementatio of this proposal . Commissioner Snyder noted that he doubts that CVAG can implement it . Mr. Williams noted that when this is finalized it will be about 9 months to two years before it is functional and that CVAG is asking the cities to help with updated it . On a motion by Commissioner Berkey, seconded by Commissioner Snyder, the Commission, by Planning Commission Resolution No. 425, re- commended to the City Council that a funding committment be made to CVAG for initial costs associated with the preparation of a valley-wide Master Environmental Assessment ; carried unanimously (4-0) . C. Sale of County Owned Right-of-Way on the south side of 44th Avenue, between Fairhaven and Monterey. Mr. Williams noted that the County' s request is not in com- pliance with the adopted Palm Desert General Plan and more particularly the College of the Desert Area Specific Plan , but that the County will comply. Commissioner Fleshman asked what the 126 ft . requested is to be used for . Mr . Williams noted that it will be used as a buffer . On a motion by Commissioner Snyder, seconded by Commissioner Berkey, the Commission, by Planning Commission Resolution No. 426, found the action, as specifically proposed, not to be in compliance with the adopted Palm Desert General Plan and more particularly the College of the Desert Area Specific Plan; and, request that sixteen ( 16) feet of additional Right-of-Way be retained along the south side of 44th Avenue to total one hundred, twenty-six ( 126) feet as depicted in the said Plan; carried unanimously (4-0) . IX. DESIGN REVIEW BOARD ITEMS A. Consideration of Cases acted on by the Design Review Board at their meeting on November 7 , 1978 . n Mr . Cipriani reviewed the cases and noted the concerns of the.. Design Review Board on Case No. 135MF and he stated that the only thing - not meeting the ordinance is the overhead storage in the garage. Chair- man Kelly noted her dissapprova"1 of the Project and said it should be sent back to the Design Review Board for further study. With regard to Case No. 100C the Design Review Board felt that this was sufficiently different and that the applicant will be asking for an adjustment so he can add more landscaping. On a motion by Commissioner Berkey, seconded by Commissioner Fleshman, the actions of the Design Review Board were approved except for Case No. 135MF which is referred to the Design Review Board for clarification of the plans, by Planning Commission Resolution No. 427 ; carried unanimously (4-0) . Minutes Palm Desert Planning Commission November 15, 1978 Page Six X. DISCUSSION ITEMS A. Continued discussion - West Palm Valley Storm Water Channel Area Specific Plan, land use alternatives. Mr. Knippel presented a 6th alternative for the development of the area west of the Palm Valley Storm `'dater Channel . Following discussion several changes were noted for incorporation into this alternative. These changes plus those noted at previous meetings tog will be included. in the report for presentation of a final preliminary draft copy at the December 20th meeting of the Planning Commission . XI . ORAL COMMUNICATIONS - None XII . COMMENTS A. City Staff - Mr. Williams noted the status of the County and CVAG policies issue and noted Mr. Boumans response to the County. B. City Attorney - Not present C. Planning Commissioners Commissioner Fleshman commented that the County says it wants to work with the cities but he has the feeling that what comes out of working together isn ' t going to be what the cities had in mind. Chairman Kelly asked that a memo be sent to the City Council asking that the Planning Commission be able to attend the Council ' s study sessions when a controversial issue is being discussed and the Commission has spent many hours discussing the issue and their opinions are forgotten once the applicant or developer gives their presentation. Mr . Williams noted that the Commission can attend the Council ' s study sessions and present the Commission ' s case. Also, the Ordinance says that the Council must refer to the Planning Commission anything that is not as the Planning Commission recommends. XIII . ADJOURNMENT On a motion by Commissioner Fleshman, seconded by Commissioner Snyder , the meeting was adjourned at 3 :40 p.m. ; carried unanimously (4-0) . PAUL A. WILLIAMS, Secretary ATTEST: F t GLORIA KELLY, Chairman /ks