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
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� 1AME5 A. SIEGRIST
� Febru«ry 27, 1979
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