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HomeMy WebLinkAbout0227 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - FEBRUARY 27 , 1979 7 : 00 P.M. - 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 : 05 p.m. in the City Hall Council Chambers. �.r II . PLEDGE OF ALLEGIANCE - Commissioner Fleshman III . ROLL CALL Present : Commissioner Fleshman Commissioner Kryder Commissioner Snyder Chairman Kelly Excused Absence: Commissioner Berkey Others Paul Williams - Director of Environmental Services Present : Clyde Beebe - Director of Public Works Murrel Crump - Principal Planner Ron Knippel - Assistant Planner Susan Schramke - Planning Secretary ; IV. APPROVAL OF MINUTES E A. Minutes of regular meeting of February 14 , 1979 � The minutes were held over to the meeting on March 14, 1979. V. WRITTEN COMMUNICATIONS - None VI . PUBLTC HEARTNGS Chairman Kelly noted that the Commission did meet in a Study Session prior to this meeting, for information purposes only. A. Continued Public Hearing -- Palm Valley Stormwater Channel Area Specific Plan Mr . Williams stated that , as instructed by the Planning Commission, Staff has developed a resolution as a result of two Public Hearings and written input . The majority of changes are minor in nature except �or the implementation section of the study. He then used illustrations to represent those major changes. Chairman Kelly asked if the Commission had any questions at this time. There being none, she declared the Public Hearing open, asking if anyone present wished to offer any comments or suggestions. She did mention that she felt that the issues have been addressed and F� met in previous meetings. GEORGE RITTER, 73899 Highway 111 , wished to point out that there are 5-acre parcels owned by the government that can be purchased for park purposes. Commissioner Snyder responded that the Commission has previously requested a listing of all parcels available through the Bureau of Land Management and noted the Commission had discussed acquisition for park purposes. Minutes Page Two Palm Desert Planning Commission February 27 , 1979 VI . A. (cont . ) There were no additional comments forthcoming; Chairman Kelly then declared the Public Hearing closed, and asked for the pleasure of the Commission. On a motion by Commissioner Snyder, seconded by Commissioner Kryder , Planning Commission Resolution No. 461 was adopted as presented, to recommend approval to the City Council of an Amendment to the Palm � Desert General Plan to incorporate the Palm Valley Stormwater Channel Area Specific Plan; carried unanimously (4-0) . Chairman Snyder wished to note at this time that he believes this is one of the finest and professionally handled studies that we have accomplished, and he would like to see that Staff be recognized for one of the better jobs that our City has done. B. Case No. VAR 948 (Amendment ) - MARRAKESH PROPERTY OWNERS ASSOCTATION, Applicant Request for approval of an Amendment to a Variance to include a general real estate office in the Marrakesh Country Club in the PR-3 zone, located on the west side of Portola Ave. , between Grapevine St . and Haystack Rd. Mr. Williams presented a report to the Commission, noting that the Staff recommendation is for the Commission to determine the appropriateness of such use, and specify any necessary criteria or conditions. He also enumerated the special conditions suggested by Staff if approved. There were no questions or comments from the Commission at this time, so Chairman Kelly asked the applicant to make a presentation. � EARL POACHMAN, President , Marrakesh Proper�y Owners Association, related the sequence of events that led to this proposal , noting that the on-site real estate office is simply for the convenience of property owners, He then stated that the conditions o� approval were agreeable, with the exception of the one regarding the yearly review, as he felt this would prohibit them from a long-term agreement . They would like to change it to possibly every three years. Chairman Ke11_y then declared the Public Hearing open, asking if anyone present wished to speak in FAVOR or OPPOSITION to this proposal . EVE OWENBY, 73570 Grapevine, opposes as a realtor, stating that there are almost 40 approved concepts going into Palm Desert -- will the City allow real estate offices in all of these? As a realtor, she has to have her office in a business district , and does not see why anyone else should not ha�e to. CHARLES RILEY, HMS Real Estate, is also in opposition. Mr. Riley noted that El Dor�.do Country Club has a real �,,,,,, estate office on its premises, and there is a real problem for other real estate brokers to get inside the gates without perrnission. Also, most people think they have to go through that offi.ce. PHYLLIS JACKSON, Realtor, presented a petition to the Commission from the Palm Desert Board of Realtors, dated February 27 , 1979, stating that the "Palm Desert Board of Realtors totally and unequivocally oppose the granting of this type of variance in the City of Palm Desert" , and the reasons for opposition (see Exhibit 'A' ) . Minutes Page Three Palm Desert Planning Commission February 27 , 1979 VI . B. (cont . ) JOHN GARBER, Marrakesh Country Club, noted his surprise at this opposition, stating that this office will be for the convenience of owners of Marrakesh, and that these people will not be real estate brokers in the normal sense. There were no further comments, so Chairman Kelly declared the Public Hearing closed, and asked if Mr . Poachman would care to � make a rebuttal . Mr. Poachman stated that there is nothing in their agree- ment that excludes any other broker from selling homes in Marrakesh. Anyone can sell their own home, or they can have any broker sell their home. Marrakesh wanted someone to take care of Marrakesh only the way they want it taken care of . They simply advise their people to use their own agency. Chairman Kelly wished to clarify that property owners could go to any broker. Mr. Poachman confirmed that this is not an exclusive arrange- ment . Commissioner Snyder noted that it appeared that the question is whether or not we are restricting anyone. Marrakesh is looking for someone to look over things as they pertain to Marrakesh; it is hard to believe they are creating a monopoly. Commissioner Kryder stated that it appeared to him that this matter was something the Commission does not really have the authority to make a determination on. This decision will in essence benefit `� one commercial venture perhaps at the expense of others. Therefore, there would appear to be legal implications, and he recommended that the Commission seek legal counsel before coming to a decision. Commissioner Fleshman concurred with Commissioner ' s Kryder ` s thought that this may be a legal matter, Chairman Kelly also agreed that legal counsel should be sought , as this situation may occur in the future. Mr. Williams stated that he will seek a response from the City Attorney regarding the quest�on of whether or not we are inter- fereing with the normal flow of trade. On a motion by Commissioner Fleshman, seconded by Commissioner Kryder , this matter was continued to March 14, 1979, to allow Staff to seek legal counsel ; carried unanimously (4-0) . C. Case Nos. CUP O1-79 and 165 MF - PALM DESERT COMMUNITY CHURCH, Applicant Request for approval of a Conditional Use Permit to continue the existing use and add 1 , 000 square feet of office space to the Palm Desert Community Church on approximately 4 . 9 acres, located at 74-321 Highway 74, +�r Palm Desert , within the R-1 , S.P. zone, and related Design Review Case No. 165 M�. Mr . Williams presented the Staff Report , noting that the architecture is compatible to the existing building, and on this basis, approval is recommended. There were no questions from the Commission at this time, so Chairman Kelly asked if the applicant wished to make a presentation. Minutes Page Four Palm Desert Planning Commission February 27 , 1979 VI . C. (cont . ) GEORGE RITTER, 73899 Highway 111, architect for the project , wished to point out that this proposal will not increase the density of use, in that the office will not be used while services are being held, except for a possible re- ceptionist . He also noted that they are agreeable to all conditions set forth. � Chairman Kelly declared the Public Hearing open, asking if anyone present wished to speak in FAVOR or OPPOSITION to this proposal . There being none, she declared the Public Hearing closed , and asked for the pleasure of the Commission. On a motion by Commissioner Kryder, seconded by Commissioner Fleshman, the case was approved by Planning Commission Resolution No. 462 as presented; carried unanimously (4-0) . D. Case Nos. PM 14332 and VAR 01-79 - V. ViCTOR PETITTO, Applicant Request for approval of a Tentative Parcel Map to divide two acres into three parcels within the R-1 20, 000 (Single Family, 20, 000 sq. ft . min. lots) zone and a related Variance for parcel width, south and east of Della Robia Lane extended. Mr . Crump presented the report to the Commission, noting that an analysis of surrounding properties and their sizes showed that generally, all were larger. This is consistent with zoning, in that minimum parcel size is being maintained, but it does create a different parcel size to the area. � He then related Staf� ts concern with continuing a pattern of divisions served by means of access easements instead of private road systems. While there may be some reservations, Staff does not perceive the granting of this division and Variance (subject to conditions) to pose any significant problems. Approval is, there�ore, recommended. Mr. Crump did mention that Staff would like to augment the conditions of approval with the addition of No. 6 to read : "Parcels shall be served by a paved access to a public street . The design and maintenance of access shall be subject to the approval of the Director of Public Works" . This way, it could be guaranteed that parcels will have paved access to public streets. There were no comments from the Commission, so Chairman Kelly asked if the applicant wished to make a presentation . VICTOR PETITTO, 49-425 JFK Trail , wished to state that he was agreeable to all conditions, including the addition of No. 6. Chairman Kelly then declared the Public Hearing open, asking if anyone present wished to speak in FAVOR or OPPOSITION to this proposal . RICHARD SCHOENBERG, 73347 Oriole Ct . , stated that , as an owner of property in the immediate area, he has no objections to this proposal . �r. Chairman Kelly then declared the Public Hearing closed, and asked for comments from the Commission. Commissioner Fleshman suggested a change in wording of new condition No. 6 from "public" to "private" , and the Commission was in agreement . Minutes Page Five Palm Desert Planning Commission February 27 , 1979 VI . D. (cont . ) On a motion by Commissioner Kryder, seconded by Commissioner Snyder, the case was approved by Planning Commission Resolution No. 463, as amended, with addition of condition No. 6: "Parcels shall be served by a paved access to a private street . The design and maintenance of access shall be subject to the approv 1 of the Director of Public Works" ; carried 3-0-1 (AYES : Kelly, Kryder, Snyder ; ABSTAIN: Fleshman) . �, E. Case No. TT 14081 - DAVID MOSS, Applicant Request for approval of a Tentative Tract Map to create a 28-lot subdivision in the PR-5 zone located on the south side of Hovely Lane, east of Monterey Avenue. Commissioner Fleshman was excused from this item, due to a conflict of interest . Mr. Crump presented the report , noting that this Tentative Tract Map proposes to implement an approved Development Plan for the site. The map interprets the conditions placed on the project design, and is basically in accordance with those requirements. He then enumerated the Special Conditions suggested if approved. Chairman Kelly asked if the applicant would care to make a presentation. ED WALLACH, Engineer for the project , stated that he finds the conditions satisfactory. Chairman Kelly noted that the conditions and special condi- tions do cover all requirements, and asked for the pleasure of the Commission. �..�r On a motion by Commissioner Kryder, seconded by Commissioner Snyder , the case was approved by Planning Commission Resolution No . 464, as presented; carried 3-0-1 (AYES : Kelly, Kryder, Snyder; ABSTAIN: Fleshman) . Commissioner Fleshman re-entered the Chambers at this time. F. Case No. C/Z O1-79 - CITY OF PALM DESERT, Applicant Request for pre-annexation zoning from ' S' (Study) to PR-6, S.P. (U.A. ) (Planned Residential , max. 6 d.u. /ac. , Scenic Preservation Overlay, Upon Annexation) zone or other zones deemed appropriate for approximately 42 acres generally located on the northeast corner of Cook St . and 44th Avenue. Mr. Williams reviewed the report for the Commission, noting that the request would be compatible with present zoning in the area. Therefore, recommendation is approval to the City Council of the Change of Zone. Chairman Kelly declared the Public Hearing open, asking if anyone present wished to speak in FAVOR or OPPOSITION of tnis proposal . There being none, she declared the Public Hearing closed. � Commissioner Fleshman inquired whether Indian Wells had been notified. Mr . Williams confirmed that they had, and that they also will be notified before the City Council Public Hearing. Chairman Kelly stated that she would like to see the zoning as PR-5 rather than PR-6, as traffic is a very serious problem, and taking into consideration all the projects being built in the Indian Wells area across the street . Minutes Page Six Palm Desert �lanning Commission Febxuary 27 , 1979 VI . F. (cont . ) Commissioner Fleshman agreed that it would be generally consistent with the General Plan . On a motion by Commissioner Sn�der , seconded by Commissioner Fleshman , Planning Commission Resolution No. 465 was approved, with zoning designation being changed to read : "PR-5" ; carried 3-1 (AYES : Fleshman, Kelly, Snyder ; NOES : Kryder) . �...� G. Case Nos. C/Z 03-79 and DP 02-79 - E. GEORGE MARZICOLA, Applicant Request for a Change of Zone from PR-4 to P. C. (2) and approval of a Development Plan to allow 682 dwelling units, a golf course and a Planned District Commercial Center on approximately 202 acres at the southwest corner of Country Club Drive and Cook Street . Commissioner Fleshman was excused from this item due to a conflict of interest , and left the Chambers. Mr. Crump reviewed the Staff Report , relating the background details of the project , which include the development calculations, open space tabulation, a parking analysis, recreational amenities, and residential and commercial structures. He then pointed out that the proposal is found to sati�fy the intent and purpose of the Planned Residential zone in that it offers variety and imagination in the development approach; and the proposed commercial Change of Zone appears to be a reasonable application of the balance of the General Plan Land Use allocation. Therefore, approval is recommended to the City Council . �, Chairman Kelly asked if the applicant wished to make a presentation. JOHN BALLEW, of Ballew/McFarland, representative of applicant , stated that they have no objections to the conditions of approval . He also indicated that there is a strong relation- ship between residential and commercial districts, and they would like the architecture to be compatible. Commissioner Kryder mentioned that , although the commercial idea is a good one to serve the people, these structures presumably will be open in the evening, and previous developments have separated commercial from residential primarily to keep out those who do not belong. Mr. Ballew pointed out that this is controllable; there could be a card-operated gate, or some other measure of control . There were no further questions or comments; Chairman Kelly then declared the Public Hearing closed, and asked for the pleasure of the Commission. On a motion by Commissioner Kryder, seconded by Commissioner Snyder, the case was approved by Planning Commission Resolution No. 466; � carried 3-0-1 (AYES : Kelly, Kryder, Snyder; ABSTAIN: Fleshman) . RECESS WAS CALLED AT 8 :45 P.M. ; MEETING RECONVENED AT 8 : 55 P.M. H. Case No. TT 14082 - SILVER SPUR ASSOCIATES, Applicant Request for approval of a Tentative Tract Map to create 157 lots on approximately 40 acres, located south and west of the intersection of Mesa View Drive extended ancl Portola Avenue extended in the PR-7 zone. Commissioner Fleshman was excused from this item also, due to a conflict of interest . Minutes Page Seven Palm Desert Planning Commission February 27 , 1979 VI . H. (cont . ) Mr. Williams reviewed the Staff Report , noting that he had received (and forwarded to Planning Commission) a letter from Ironwood indicating that they are involved in the study of the matter of flood control , in relationship to the levy facilities. They will present the results of their study to the Water District and the City shortly, to implement improvements as part of development . He then stated that this request is in conformance with zoning and subdivision ordinances, ` and approval is recommended to the City Council . � Chairman Kelly asked if the applicant wished to make a presentation. JOHN BALLEW, Ballew/McFarland, representative of applicant , pointed out that this was all a part of the original planning concept for Ironwoad. Basically, they have no objections to the conditions of approval. There was some discussion between applicant and Commission to help clarify a condition of approval , relative to alternate emergency access. Chairman Kelly then declared the Public Hearing open, asking if anyone present wished to speak in FAVOR or OPPOSITION to this prop�sal . 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 Kryder, the case was approved by Planning Commission Resolution No. 467 as presented; carried 3-0-1 (AYES: Kelly, Kryder, Snyder; ABSTAIN: Fleshman) . � Commissioner Fleshman returned to the Chambers at this time. VII . OLD BUSINESS - None VIII . NEW BUSINESS A. Referral from County for comments - Conditional Use Case No. 2239-E, Fred R. Mottle, etal ; 202 space R-V park, north side of Country Club Drive, 4 mile east of Monterey Avenue. Mr . Crump presented this request to the Commission, noting that this is only a request for comments. He pointed out that some objections may be raised with regard to land use, as the General Plan depicts the general area as 5-7 dwelling units per acre in a Planned Residential development , as opposed to a recreational vehicle area. He then related the design concerns and recommendations from Staff , if the project were approved. Discussion ensued regardin� this proposal ; and the consensus � was that this type of development is a perfect example of what is undesirable for that area, as a totally improper land use and an abominable design. The Commission agreed that a letter of opposition to this proposal should be sent to Riverside County, and Staff was directed to draft said letter. On a motion by Commissioner Snyder , seconded by Commissioner Kryder , the Commission agreed to take a stand of opposition to this proposal in the form of a letter of objection; carried unanimously (4-0) . Minutes Page Eight Palm Dese�t Planning Commission February 27 , 1979 IX. DESIGN REVIEW BOARD ITEMS Consideration of the cases reviewed by the Design Review Baard at their regularly scheduled meeting of February 20, 1979. Mr. Williams noted at this time that Case No. 108 C was inadvertently added to the Resolution; it was not approved at the Design Review Board meeting, but continued. � Mr . Crump then reviewed the cases (166 MF and 109 C) for the Commission, noting that the applicant for Case No. 166 MF has supplied a revised site plan, which appears to address those concerns expressed by the Design Review Board. He also noted that Staff is recommending one revision to the Design Review Board recommendations for Case No. 109 C, as follows : Change Design Review Board recommendation No. 6 under "Plot Plan" to read: "A greater front setback of 10 feet shall be required to accommodate proposed elevation treatment" . The previous recommendation was for 15 feet . It was explained that this recommendation was based on a subsequent design study of the parcels along this section of El Paseo. On a motion by Commissioner Fleshman, seconded by Commissioner Snyder , the Design Review Board actions of their meeting of February 20, 1979, were approved by Planning Commission Resolution No. 468, as amended, to delete 108 C and amend 109 C; carried unanimously (4-0) . X. DISCUSSION ITEMS - None XI . ORAL COMMUNICATIONS - None �'' XII . COMMENTS A. City Staff - None B. City Attorney - Not present C. Planning Commissioners Chairman Kelly inalicated that because she will be moving out of the City of Palm Desert , this would be her last Planning Commission meeting. Each Commissioner individually stated their appreciation to Mrs. Kelly for her involvement in the Planning Commission. A resolution of the Planning Commission of the City of Palm Desert , California, commending Gloria Kelly for her nearly three years of concerned service to the community in the capacity of Planning Commission member and Chairman was presented to Mrs. Kelly. On a motion by Commissioner Kryder, seconded by Commissioner Fleshman, Planning Commission Resolution No. 469 was approved as presented; carried 3-0-1 (AYES : Fleshman, Kryder, Snyder; ABSENT: Berkey) . XIII . ADJOURNMENT �""" On a motion by Commissioner Kryder, seconded by Commissioner Snyder, the meeting was adjourned at 9:45 p.m. ATTEST: PAUL A. WILLIAMS, Secretary /ss EXHIBIT 'A' _»Y���`� �f�i��`y l� �yt,4{'��j Y ��� p .°1 f!:. - ��` � � '�_<*' ��y 1 �r ����+ �:•u'�' p�y ,, ;'fi' ��a � 1�.P� x pA {�� .. t � ���f� �1� ,i i a� f �»,h�� �^ � � W� � �.d' ����f�A �� � k` '�.S � �� � C,y ��� � r.ro � ��C .. ,��... I l,t��� �:6,{� . � .. ,G� ; r ;; i .�n'�. -.-_-_ _ . _---- � - -- - - --------- --- `-_.___.-.__._ ____'_�__.___- _-_.�_-'.--' t: /3���� .-t��'i __.`_.__'.'._'-____ `__- . '_ . __.�_�_.�"r"_'� ( l'.P:T/[. 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COMF�UN of ��11 units and, VICE ARESlDF:'dT up��,�r �. �z'�-G'i�"'v �,�1HERFAS, such var,-iarlct�s are gra��t�d for� �;he �ole src��TAHv-Trzt,4suk;.H _ �! purpose of facilitating rna.rkrt.ir�g o-i� n:�w units �.nd not �in-- �� JACQUELiNi_ [?OYLE ; j �xf_.cuTive sECF.+.ra;zv f;Et1dE'd i�or COtl�11lUC��.� l�Se dS c3. Y'f'Sc��(? SEY'V1CG � i:.Ct� OCl��/ �i F�iANK �. <7<.c:�c>n�faca ;7us�:ifiable deviation frorn this �eing if ne oth�r• rc��ale PAST FrerSiur-.ti�i- (�U�1;�et 1 S dVdl�df.)�E 4�J1�:ill fl d Y'�dSCCld�l7� Ci l Std�10E�� �xrC�, � l�'�iF��F�S, Palm C�e�ert offers 5� Real Esi:ate i���ok�rac�e r'£������`�� f i rrns ur�i�i;i� i n i:hree �?�i l es of C�ia�,rake�h Caun��ry Cl u� tf�at can wA�.-r�Fr:r��,vc�c;}=r provide CQiI��C�:Gi11;, �Y'OfESS�Qfld� t"f?d� E?Stdt� SE'Y'V1�;'E�S �:0 tilP_ ��L,;E �,. �»;��,_� �i0(11E�06°;t1�}"S o1= Marra�esh Countr�J ��'tJ�, elimina�lnC� dtlV ELhIrJE 1.7. F'CLEY �dY�dSf4�p9 CII�d JF_RRY H. 1iG,�1'>�7'C`N � A. J. (BUCK) _'OHN-`'ifON �+��-,Ef��f�1S� l.i�L J7��C{n l, I n� Q� (�1Z G.II�C:;��i�1�n l. �U f�K�f?r��.l ���e J£ANF��7F hiULLCR presE:rzt varianc� and inclucfe a resale pra�!isior� is an MORRIS ❑. REICHL.EY F- + RUTH T. FtCF.ER'f> �il l.�'u��0�� ���J'(��� t,i�f� �r�'-��3 ��i i,�r�?r�..rie rJ��S l.�lp (�.`�tGib1 �i sa7i ng C� e,�.v{o r. �vrscr-r E.i�C'C�dclit �f11� d� � Si1111�2.Y' C��\'E'�Ci�i�1�'Ci�S C�la�d� 1 Ci f.�Sl.t?CP, C}"E'd�;� i3 CO('lillFi,C`ld� USC' lNli;{l�in i;{'sE'll" C'IlV1Y'CtIS f:hUS i�`�S�Y'Oj/- ing tf��e prot:ectian zonin, 1a��s �f�ford. STATE Di�2t:CT't�Ft5 f�101�i, ��HEREFOR�, i t i s h�reb res�l veu �;i�at Th� P��1 m �osF'�r e. cc�n,vroN .Y �oN w. chcsxr� t�E?Sf't"f ��G�a1�� 0� �Ed I�Gi"� tUtd� �;}� dilc� liCl�'C�l�7VUCd� i`y' �i�EJU5f? �h`fLLIS �Ac:�sory ;;hE' C�1'�.��ii:�lt"?� �f i;(i1S �;�i�;E \�c�Y'�ic:C1CC'_ 111 tf�2 �li:� 01� ��c��il? ��ScY't. EVE UWNF3EY LORE�TTi RILFY I�OSALlE ROJAS � 1AME5 A. SIEGRIST � Febru«ry 27, 1979 I �rd