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HomeMy WebLinkAbout1205 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - DECEMBER 5, 1978 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 Kelly at 7 : 00 p.m. in the City Hall Council Chambers. II . PLEDGE OF ALLEGIANCE - Commissioner Kryder III . ROLL CALL Present : Commissioner Berkey Commissioner Fleshman Commissioner Kryder Commissioner Snyder Chairman Berkey Others Present : Paul Williams - Director of Envinmental Services Murrel Crump - Principal Planner Ralph Cipriani- Associate Planner Kathy Shorey - Planning Secretary IV. APPROVAL OF MINUTES A. Minutes of regular meeting of October 31 , 1978 . On a motion by Commissioner Fleshman, seconded by Commissioner Berkey, the minutes of the October 31 , 1978 , meeting were approved as written; carried unanimously (5-0) . B. Minutes of regular meeting of November 15, 1978 . Mr. Williams noted the following corrections to the minutes: Page Five, 6th paragraph from the top, change the first sentence to read : Commissioner Kelly asked a question with regard to the timing of the implementation of this proposal . Page Five, 2nd paragraph from the bottom, change the second sentence read : Chairman Kelly summarized the Commissions concerns with the architectural design of the project and said, etc . On a motion by Commissioner Fleshman, seconded by Commissioner Snyder , the minutes of the November 15, 1978, meeting were approved 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 prupose of clarifying the staff recommendations. No decisions were reached. Chairman Kelly then explained the Public Hearing procedures to those present . Commissioner Berkey excused himself from the first case due to a conflict of interest , and left the room. Minutes Palm Desert Planning Commission December 5, 1978 Page Two VI . PUBLIC HEARINGS (Cont . ) A. Continued Case No. PM 13653 - CHARLES GIBBS, Applicant Mr . Williams noted a request from the applicant to continue the case to December 20, 1978. On a motion by Commissioner Fleshman, seconded by Commissioner Snyder, the Commission continued the case to December 20, 1978 ; carried (4-0-1) AYES : Fleshman, Kelly, Kryder , Snyder; ABSTAIN: Berkey B. Case No. CUP 14-78 - FRANK C. & H. FRANK OLIVER, Applicants Request for approval of a Conditional Use Permit to allow a Pre-School facility on approximately one-half acre within the R-3(4) (Multi-family residential , minimum 4 , 000 sq. ft . lot area/du) zone at the northwest corner of Ales- sandro Drive and Cabrillo Avenue. N1JNUT AMFn;.; y Mr. Crump reviewed the case and noted a problem with the ing design. He referred to the Staff Recommendation to continue the case until a final version of the building design is reviewed and reported on by the Design Review Board. Chairman Kelly noted that this is a much needed project in the City. She also noted her concern with the two-story element . Commissioner Fleshman noted that the zoning is okay for the use and it is to be in a good location. Commissioner Kryder asked if the area residents had been notified of the Public Hearing. Mr . Williams confirmed that they had been. .rr� MRS. GRETSCH, 44-881 Cabrillo Avenue, noted that her property is adjacent to the proposed project and that she has no objection to the project . Mr . Williams stated that the two-story element is the problem. It can not be used with subteen children. Commissioner Fleshman asked that the staff check into the traffic situation and give the Commission some idea as to whether this proposal would create any problems. On a motion by Commissioner Fleshman, seconded by Commissioner Berkey, the case was continued to December 20, 1978 ; carried unanimously (5-0) . C. Case No. PM 13323 and VAR 06-78 - CHARLES D . & LORETTA I . RILEY, Applicants Request for approval of a Tentative Parcel Map to create a 15, 170 sq. ft . parcel and a 12, 634 sq. ft . parcel from an existing 27, 804 sq. ft . subdivided lot ; and, a Variance from the minimum lot width standards of the R-1 zone, for property generally located at the northeast corner of El Cortez Way and Santa Ynez Avenue. Mr . Crump reviewed the staff report and noted the revisions, as suggested by the staff , to the lot line. He then reviewed the conditions for the Parcel Map. Commissioner Fleshman asked about the positioning of buildings on the two lots and why the need to move the lot line. Mr . Crump stated that 2, 000 sq. ft. buildings would then be available. Commissioner Fleshman asked how the front and side yards are figured with this shape of parcel . Minutes Palm Desert Planning Commission December 5, 1978 Page Three VI . PUBLIC HEARINGS (Cont . ) C. Case No. PM 13323 and VAR 06-78 (Cont . ) Mr . Williams stated that a tangent of 10 feet denotes the start of the front yard, side and rear . Chairman Kelly declared the Public Hearing open and asked if the applicant wished to speak at this time. low CHARLES RILEY, applicant , noted that he believed the reason for the large lots was originally to have enough room to keep horses. He noted that he had no objection to the Conditions of Approval or to the lot line being moved, if the staff feels this is better. Chairman Kelly asked if there was anyone wishing to speak in FAVOR or in OPPOSITION to the proposed project . HENRY MCCANN, 44-558 Santa Ynez, noted his objection to the proposed lot split as it is not consistent with the lots in the area. They are all large and he feels they should remain that way. Chairman Kelly declared the Public Hearing closed and asked for the pleasure of the Commission. Mr . Williams referred to the Assessor ' s Parcel Map for this area and noted the size of the lots. Commissioner Fleshman noted that the lot split would still keep the lots within conformance to the other lots in the area. Chairman Kelly noted her agreement with Mr . McCann that the large lots are an asset , but she did not feel that the split would create a problem. On a motion by Commissioner Berkey, seconded by Commissioner Kryder , the Commission approved the cases by Planning Commission Resol- ution No. 428 , subject to conditions; carried unanimously (5-0) . D. Case No. CUP 13-78 - FLYING J OIL, Applicant Request for approval of a Conditional Use Permit to allow the sale of packaged beer in conjunction with an existing automobile service station within the PC(4) , S.P. (Planned Commercial-Resort Center , Scenic Preservation Overlay) zone at the southeast corner of Highway 111 and 44th Avenue. Mr . Williams reviewed the staff report and noted the staffs recom- mendation that the Commission determine if the requested use is appro- priate in conjunction with an automobile service station or inappropriate, or direct the applicant to prepare detailed plans and continue the matter until January 2 , 1979, to allow plans to be submitted and reviewed by Staff and the Design Review Board. %NW Commissioner Berkey asked if there were any other service stations in the area that sell beer. Mr . Williams stated that as far as he knew the closest one was in Banning. Chairman Kelly declared the Public Hearing open and asked if the applicant wished to speak at this time. Minutes Palm Desert Planning Commission December 5, 1978 Page Four VI . PUBLIC HEARINGS (Cont . ) D. Case No. CUP 13-78 (Cont . ) TED BOCKNER, 73-170 Tumbleweed, applicant , stated that the station was only a pumping station not really a service station and that he is already selling soft drinks and candy and there would not be any additional traffic. He also stated that he believes that selling beer is in conformance with the zoning. He presented a list of rules the station will follow (Exhibit A) . He also noted that since he bought the service station a few months ago he has gotten rid of the used car lot connected with it ; put in a trash enclosure; put the sign in compliance with City codes; and in general cleaned the place up with landscaping. Chairman Kelly 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 his objection to selling beer in conjunction with a service station. It is inappropriate for the zoning in this area. Commissioner Berkey noted his concern with setting a precedent , it might create a Circle K type atmosphere. The property should be designed to handle this type of proposal and it is not . Commissioner Fleshman noted his agreement with some of the applicant ' s comments but also felt it might set a precedent . Commissioner Snyder stated that a service station should not be in the beer business and he also does not want to start a precedent . Chairman Kelly agreed with the other Commissioners and noted that the City has worked hard to set high standards and this would not meet those standards. Mr . Bockner stated that he knew the legal aspects of drinking and driving and noted that most people drive to get beer and if they are going to drink it , it won' t matter where they bought it from. He also stated that he felt this proposal would not be damaging to the City. Commissioner Snyder noted that this would give him an unfair advantage over the grocery stores that have to comply with parking requirements, building size, etc . Commissioner Kryder stated that people will gather and this would lead to the temptation to drink at the station as well as drive and drink. Mr. Bockner again stated that he felt there would be no problem. Chairman Kelly noted that it is not compatible with the area or the zoning in the area. On a motion by Commissioner Berkey, seconded by Commissioner Fleshman, the Commission found the requested use inappropriate by Planning Commission Resolution No. 429; carried unanimously (5-0) . Minutes Palm Desert Planning Commission December 5, 1978 Page Five VI . PUBLIC HEARINGS (Cont . ) E. Case No. TT 13586 - PALM DESERT 210 LTD. , Applicant Request for approval of a Tentative Tract Map to create eleven (11) mobile home lots from approxi- mately 1 . 49 acres within the R-M (Mobile Home Sub- division Residential ) zone contained within the Portola Country Club development , located on the east side of Portola Avenue, north of the storm channel . Mr . Williams reviewed the staff report and the conditions of approval . Chairman Kelly asked if the applicant wished to speak. The ap- plicant noted his agreement with the Conditions of Approval but had no comment at this time. Chairman Kelly declared the Public Hearing open and asked if anyone wished 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 . On a motion by Commissioner Snyder , seconded by Commissioner Berkey, the Commission, by Planning Commission Resolution No . 430, recommended approval of the Tentative Tract to the City Council ; carried (4-1) AYES: Berkey, Kelly, Kryder, Snyder ; NOES : Fleshman (Reason being, he voted no on the CUP) . Chairman Kelly excused herself from the next two cases due to a conflict of interest . F. Case No. TT 13407 D. K. KAVANAUGH ENTERPRISES/COVINGTON BROS. , INC. , Applicant Request for approval of a Tentative Tract Map to create a 384 lot condominium subdivision to allow 380 residential units and common open space on approximately 80 gross acres within the PR-5(U.A. ) zone east of Cook Street and north of Hovely Lane (extended) . Mr. Crump reviewed the staff report and noted that the applicant would be required to improve the streets involved in each phase as each phase is done. He then reviewed the remaining Conditions of Approval . Commissioner Berkey asked if Street A. should be a 4 lane street as it is the main entrance. Mr . Williams noted that this had been ap- proved already as is. Vice-Chairman Snyder declared the Public Hearing open and asekd if the applicant wished to speak at this time. D. K. KAVANAUGH, applicant , noted his agreement with the Conditions of Approval. Vice-Chairman Snyder asked if there was anyone wishing to speak in FAVOR or in OPPOSITION to the case. Being none, he declared the Public Hearing closed and asked for the pleasure of the Commission . On a motion by Commissioner Berkey, seconded by Commissioner Kryder, the Commission, by Planning Commission Resolution No . 431 , recommended approval of the Tentative Tract to the City Council ; carried (4-0-1 ) AYES: Berkey, Fleshman, Kryder , Snyder; ABSTAIN: Kelly. Minutes Palm Desert Planning Commission December 5, 1978 Page Six VI . PUBLIC HEARINGS (Cont . ) G. Case Nos. TT 13915 and CUP 15-78 - GEORGETOWN PARK, LTD. / E. GEORGE MARZICOLA, Applicant Request for approval of a Tentative Tract Map and Conditional Use Permit to create a 40 lot Industrial Planned Unit Development on approximately 34 . 7 gross acres within the S. I . , S.P. (U .A. ) zone at the south- east corner of Cook Street and Hovely Lane extended. Mr. Crump reviewed the staff report and the conditions of approval . Vice-Chairman Snyder declared the Public Hearing open and asked if the applicant wished to speak at this time. KEN KING, Civil Engineer, representing the applicant , noted his agreement with the conditions of approval . Vice-Chairman Snyder asked if there was anyone wishing to speak in FAVOR or in OPPOSITION to the cases. Being none, he de- clared the Public Hearing closed and asked for the pleasure of the Commission. On a motion by Commissioner Kryder , seconded by Commissioner Berkey, the Commission approve the Conditional Use Permit by Plan- ning Commission Resolution No. 432 and by Planning Commission Re- solution No. 433 , recommended approval of the Tentative Tract to the City Council ; carried (4-0-1) AYES : Berkey, Fleshman, Kryder , Snyder ; ABSTAIN: Kelly. Commissioner Fleshman excused himself from the following three cases, due to a conflict of interest . H. Case No. DP 17-78 - T&D INVESTMENTS/PRO-CON DEVELOPMENT, Applicant Request for approval of a Development Plan to allow 50 residential condominium units on approximately 10 gross acres within the PR-5 (U.A. ) zone on the north side of Hovely Lane, east of Monterey Avenue. Mr . Williams reviewed the staff report and noted the concerns of the Design Review Board. He noted that the DRB wants the shaded parking as proposed as well as apron parking. Mr. Williams noted that both the DRB and the Planning Commission will be reviewing the case again. Commissioner Berkey suggested that in Special Condition No. 2, the word "achieve" be changed to "consider" . Chairman Kelly declared the Public Hearing open and asked if the applicant wished to speak at this time. J DAVID MOSS, representative of T&D Investments, addressed the Commission and asked that they consider the parking as proposed and not require the additional apron parking on the project . 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. On a motion by Commissioner Berkey, seconded by Commissioner Kryder, the Commission approved the Development Plan with the noted change to Special Condition No. 2 by Planning Commission Resolution No. 434 ; carried (4-0-1) AYES: Berkey, Kelly, Kryder, Snyder; ABSTAIN: Fleshman Minutes Palm Desert Planning Commission December 5, 1978 Page Seven VI . PUBLIC HEARINGS (Cont . ) I . Case No. DP 18-78 - T&D INVESTMENTS/PRO-CON DEVELOPMENT, Applicant Request for approval of a Development Plan to allow 24 residential condominium units on approximately 5 gross acres within the PR-5 zone on the south side of Hovely Lane, west of Portola Avenue. .. Mr . Crump reviewed the staff report and in response to a question by Commissioner Berkey about sidewalks noted that the City will create a street scene criteria for the area. Chairman Kelly declared the Public Hearing open and asked if the applicant wished to speak at this time. Mr . Moss noted his agreement with the staff report and the Conditions of Approval . Chairman Kelly asked if there was anyone wishing to speak in FAVOR or in OPPOSITION to the proposal . Being none, she declared the Public Hearing closed and asked for the pleasure of the Commission. Commissioner Kryder asked what the width of the entry between the quest parking area would be. Mr . Crump stated 30 ft . which is sufficient . On a motion by Commissioner Snyder , seconded by Commissioner Berkey, the Commission approved the Development Plan by Planning Commis- sion Resolution No. 435; carried (4-0-1 ) AYES : Berkey, Kelly, Kryder, Snyder; ABSTAIN: Fleshman r J. Case No. DP 19-78 LOS COCINEROS, LTD. /E. GEORGE MA,RZICOLA, Applicant Request for approval of a Residential Development Plan to allow 160 condominium units, recreational amenities and open space on approximately 35. 2 gross acres within the PR-5, S.P. (U.A. ) zone at the northeast corner of Hovely Lane (extended) and Cook Street . Chairman Kelly and Commissioner Fleshman both excused themselves from this case due to a conflict of interest . Mr. Williams reviewed the staff report and the conditions of approval and noted that the project was oriented away from Cook Street . He then noted the concerns of the Design Review Board. Commissioner Kryder noted that more trees were needed in the parking area for a better sight . Mr . Williams noted that the planters would be 9 'x20 ` in the parking area. Vice-Chairman Snyder declared the Public Hearing open and asked if the applicant wished to speak at this time. %Ww BRONSON HOWELL, representative of Los Cocineros & E. George Marzicola, noted his agreement with the staff ' s recommendation and the Conditions of Approval . Vice--Chairman Snyder asked if there was anyone wishing to speak in FAVOR or in OPPOSITION to the proposed project . Being none, he declared the Public Hearing closed and asked for the pleasure of the Commission. On a motion by Commissioner Kryder , seconded by Commissioner Berkey, the Commission approved the Development Plan by Planning Commission Re- solution No. 436; carried (3-0-2) AYES : Berkey, Kryder, Snyder ; ABSTAIN: Fleshman, Kelly. Minutes Palm Desert Planning Commission December 5, 1978 Page Eight VII . OLD BUSINESS Mr . Williams noted that there will be a joint meeting with the Planning Commissions from Indian Wells and Rancho Mirage on December 12 , 1978 . VIII . NEW BUSINESS - None IX. DESIGN REVIEW BOARD ITEMS - None X. DISCUSSION ITEMS - None XI . ORAL COMMUNICATIONS - None XII . COMMENTS A. City Staff - Mr . Williams reviewed the Resolution that the Commission had requested regarding their concerns with growth north of the Whitewater Channel and the need for a fire station in that area at the proposed are of Country Club and Cook street . Commissioner Berkey asked about the status of the proposed station on the south side. Mr. Williams stated that the Planning Com- mission will review the plans at their meeting of January 2 , 1979. ..rr Commissioner Berkey asked if there would be a need for another station on the south side. Mr. Williams stated that the fire people had stated there is not need for another station on the south side. Commissioner Fleshman noted that funds generated on the north side through the Excise Tax should be used on that side. The Planning Commission noted there agreement with the suggested Resolution and on a motion by Commissioner Snyder seconded by Commissioner Kryder , they approved Planning Com- mission Resolution No. 437; carried unanimously (5-0) . B. City Attorney - None C. Planning Commissioners Chairman Kelly asked that one site plan for the area on the north side showing proposed projects and the growth of that area be available to the Commission. Commissioner Snyder asked when the study of the north sphere area would be prepared . Mr. Williams noted it would be started after the Palm Valley Stormwater Channel Area Specific Plan is completed. There was some discussion about the role the County will play in this area. XIII . ADJOURNMENT On a motion by Commissioner Berkey, seconded by Commissioner Snyder, the meeting was adjourned at 9: 07 p.m. ; carried unanimously (5-0) . ATTEST.': ' PAUL Secretary Minutes Palm Desert Planning Commission December 5, 1978 Exhibit A w.. 1. No signs or placards advertising the sale of beer will be posted in the windows or about the property. 2. The beer will not be "put on sale" or "discounted" to attract customers. 3. Locked storage is already provided. 4. Customer parking is already prohibited. 5. There will be no alterations or modifications to the store or property in establishing the sale of beer. r �rw