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HomeMy WebLinkAbout0314 MINUTES PALM DESERT PLANNING COMMISSION MEETING WEDNESDAY - MARCH 14, 1979 1 : 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 at 1 : 00 p.m. in the City Hall Council Chambers. �rr II . PLEDGE OF ALLEGIANCE - Commissioner Berkey III . ROLL CALL � Present : Commissioner Berkey Commissioner Fleshman Commissioner Kryder Commissioner Snyder Others Present : Paul A. Williams - Director of Environmental Services Murrel Crump - Principal Planner Susan Schramke - Planning Secretary IV. ELECTION OF PLANNING COMMISSION CHAIRMAN AND VICE-CHAIRMAN A. Mr. Williams opened the nominations for Chairman. Commissioner Berkey nominated Commissioner Snyder for Chairman of the Planning Commission for the remainder of the term vacated by Chairman Kelly, seconded by Commissioner Kryder; carried 3-0-1 (AYES : �.r Berkey, Fleshman, Kryder; ABSTAIN: Snyder) . B. Mr. Williams stated that there would now be a vacancy for Vice-Chairman created by Commissioner Snyder ' s election to Chairman, and opened nominations. Commissioner Kryder nominated Commissioner Fleshman for Vice-Chairman, seconded by Commissioner Berkey; carried 3-0-1 (AYES : Berkey, Kryder, Snyder; ABSTAIN: Fleshman) . V. APPROVAL OF MINUTES A. Minutes of regular meeting of February 14, 1979 Commissioner Fleshman noted a correction on Page 5, last paragraph, whereby "McKueon" should be spelled "McKeon" . On a motion by Commissioner Fleshman, seconded by Commissioner Kryder, the minutes of February 14 , 1979 were approved as amended; carried unanimously (4-0) . B. Minutes of regular meeting of February 27, 1979 On a motion by Commissioner Kryder, seconded by Commissioner Fleshman, the minutes of February 27, 1979 were approved as written; carried unanimously (4-0) . � VI . WRITTEN COMMUNICATIONS - None Minutes Page Two Palm Desert Planning Commission March 14, 1979 VII . PUBLIC HEARLNGS A. �ontinued Case No. 948 (Amendment) - MARRAKESH PROPERTY OWNERS ASSOCIATION, 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 Avenue, between Grapevine St . and Haystack Rd. Cor.imissioner Berkey noted that he would abstain from voting on this matter, due to his absence at the first Public Hearing . Mr. Williams observed that this case was continued from the last Flanning Commission meeting to allow for a report from the City Attorney with regard to the matter of restriction of competition. The City Attorney has pointed out that commercial uses are permitted in the zone ; there is no legal prohibition, and this matter is dis- cretionary with the Planning Commission. As pointed out , the Planned Residential zone does provide for a mix of residential and ancillary commercial . Therefore , in order to approve this proposal , it must be found to be a compatible use; to deny it would require the opposite finding. Staff feels that based upon the suggested restrictions , this will be a compatible use with the residential character of Marrakesh, and recommends approval subject to conditions . Mr. Williams then related said conditions . Chairman Snyder asked if the applicant wished to make a �"'" presentation. SHIRLEY WARD, President of Marrakesh Country Club, noted that the John Dawson Company has had an office since the inception of the project, and this proposal amounts to essentially the same kind of on-going operation. Mr . Ward also stated that the conditions are entirely agreeable; the homeowners are very anxious for approval of this amendment . Mr. Williams clarified that this matter is not a "variance" but an amendment to the development plan for Marrakesh. There is no variance involved in this matter other than the title of the original Riverside County application establishing the development . Chairman Snyder then declared the Public Hearing open, asking if anyone present wished to speak in FAVOR or OPPOSITION to this proposal . PHYLLIS JACKSON, 45-151 San Luis Rey, wished to call attention to the previously submitted resolution from the Palm Desert Board of Realtors , which stated total opposition to the proposal , and read said petition. She also wished to comment on the fact that the California Association of Realtors has made a concerted effort over five years to educate realtors on the proper handling of condominiums . She believes that what Marrakesh wants is � more of a property management service than a residential real estate office, and Marrakesh should realize that this is a tremendous restriction upon the resale of units to confine this to an in-house situation. ELAINE FOWLEY, 46-105 Burroweed, observed that she understood that Walker and Lee would only be permitted general advertising of Marrakesh, and not specific units , and noted that Walker and Lee had placed an ad in the paper for specific units . Minutes Page Three Palm Desert Planning Commission March 14, 1979 VII. A. (cont. ) RALPH WOOD, 72-902 Roy Emerson Lane, commented that he serves on the State Condominium Committee for the State of California Association of Realtor� That committee offers two courses , one which is to educate realtors in the handling of condominiums and planned unit developments and the other to open up complexes and planned unit develop- ments for a fair trade for all realtors to have an opportunity �. to sell and lease. Mr. Wood feels that this is the concept of the entire system and that the proposal is against the concept of free enterprise. GENE FLECKEY, 72-160 Fiddleneck, stated his opposition to the proposal in that the old office is not the same as the situa- tion now existing with Walker and Lee. He also feels this sets a dangerous precedent by giving one company a monopoly. Chairman Snyder asked if the applicant wish to make a rebuttal. SHIRLEY WARD stated that it appears that the significant point is that all the people who would be served by this office would like to have the kind of arrangement now existing — to have one office to handle sales . He then enumerated some of the various reasons for this which included: Marrakesh hou$es are rented for a seventy-five year term with a complicated lease; the declaration of restrictions are extensive and complicated; the relationship between the elub and homeowners is a very important one to both. He feels that a normal real estate agent would not be familiar with the intr�cacies•�wzth :this pa�ticular project ; they are very signifi- cant, and it is very important to have someone entirely familiar �,,,,,,, wi th i t. There are a substantial number of residents who rent their houses for several months at a time. This involves providing maid services, notifying various merchants, and personal arrangements whereby it is very helpful to all to have someone who can give this kind of information and service. Also , a number of people are not there year-round and have an arrangement with Walker and Lee to enable them to go itlto the houses and supply the owner with any information that may be required. From their standpoint, the convenience of having someone who is entirely familiar with leases , maids on rentals , and maintenance fea- tures when people are away is of great importance. Every homeowner is in favor of continuing exactly as it is . However, there is no exclusive arrangement ; they are not interfering with the free enterprise system. Chairman Snyder declared the Public Hearing closed. Commissioner Fleshman stated he feels very strongly that those types of communities have the right to control what hapFens within their gates — it was developed that way, and people live there because this is what they want. If a real estate office is attached, that is acceptable. The unfair aspect results when a real estate firm is used that also operates outside the gates . He proposed that the request be � approved with an operation or firm that does not do business outside of Marrakesh and that there are no restrictions on outside real estate offices . Commissioner Berkey concurred with Phyllis Jackson' s description of this as more of a management operation than real estate. Most mana- gers have real estate licenses, and if you cannot restrict managers from selling, then it is a matter of setting up proper controls . This should take into account the desires of real estate fraternities . He then suggested that the Board of Realtors be invited to select a small � committee to meet with Staff to produce a proposal for an amendment to the zox�ing ordinance. Minutes Page Four Palm Desert Planning Commission March 14, 1979 VII . A. (cont . ) Commissioner Kryder stated that if he were one of the realtors present, he would object to the statement that they were not capable of dealing with complex leases . He would question that as a valid reason for establishing an exclusive in-house sales operation. �,,,�„ He further noted that , presuming that Marrakesh will furnish an office for these people and they will have no advertising costs , their overhead expenses will be considerably less than people outside who will be competing with them. This does not seem to be a fair situation; it does give a competitive advantage, and appears to create a monopoly. He does not agree that it is a compatible use to give one realtor such an advantage over others in the same city. Chairman Snyder reiterated the suggestion of a meeting between Staff, Board of Realtors and Marrakesh to attempt a proposal with acceptable language . He concurred that realtors should not be infringed upon, but also that Marrakesh property owners have the right to have a convenient situation. Commissioner Kryder stated that the issue is more than simply a real estate question; but a moral principal . While there are no legal questions according to our City Attorney, the effect is one of limiting entry to the premises , and this is basically unfair . To give one company a position of honor at the expense of others . is wrong. Chairman Snyder declared the Public Hearing open, and Commissioner Fleshman asked Phyllis Jackson if the Board of Realtors would agree to an operation only involved in real estate within the �„ gates of Marrakesh. PHYLLIS JACKSON commented she has seen such a situation work extremely well in other developments , and would assume the Board would have no objections whatsoever for that kind of an operation for the convenience of Marrakesh. SHIRLEY WARD stated again that they are not seeking to keep other authorized realtors out; this is not a monopoly. Chairman Snyder declared the Public Hearing closed, and asked for the pleasure of the Commission. Commissioner Fleshman made a motion to approve a management operation which will have a real estate broker operation as an ancillary use, with the condition that the broker does not do business outside the gates of Marrakesh, is not connected in name or fact with any other licensed real estate office, and does not restrict other brokers from Marrakesh. The motion was seconded by Commissioner Kryder; carried 3-0-1 (AYES : Fleshman, Kryder, Snyder; ABSTAIN: Berkey) , by Planning Commission Resolution N0. 470 . Chairman Snyder then opened discussion between the floor and Commission to ask both Board of Realtors and Marrakesh if they were � agreeable . PHYLLIS JACKSON, for Board of Realtors , stated their agreement but also noted their concern in the area of advertising. HOWARD LEE, President of Marrakesh Homeowners Association, asked, regarding advertising, would this preclude outside real estate agencies from advertising Marrakesh. Chairman Snyder answered that this would be beyond the Planning Commission' s jurisdiction and should not be included other than that of signs outside the walls . Commissioner Snyder then closed the discussion. Minutes Page Five Palm Desert Planning Commission March 14 , 1979 VIII . OLD BUSINESS A. Study and Report : Referral from the City Council concerning the request from Ridgewood Development , Inc. for approval of a Change of Zone and Tentative Tract Map. Mr. Crump related the Staff Report to the Commission, noting that a letter was presented to the City Council from Ridgewood immediately prior to their March 8 , 1979 meeting. The letter expressed wr the applicant ' s interest in proceeding with the Change of Zone, but requested the Tentative Tract Map be withdrawn. It was determined that since the Commission recommendation for the Change of Zone was based on a specific development scheme, it would be appropriate to refer the matter back to the Commission for input before acting on the zoning request alone. The Council is seeking a report back from the Commission to ascertain whether their position on the matter has changed in light of the Tentative Tract Map withdrawal . He then cited that Staff recommendation was to recommend approval to the City Council of a Modified Change of Zone from O. S. to PR-4 zone for that portion of the O. S. zone lying northerly of the present estab- lished right-of-way alignment for Hovely Lane, east of Portola, by minute motion, and direct Staff to forward this report of the Commission ' s action to the Council . Commissioner Kryder asked if this was the usual procedure; doesn' t the Commission generally set a zone change only with a development plan. Mr. Crump answered that a zone change does require a develop- ment plan to accompany it , unless it is initiated by the City. Commissioner Kryder then asked why the applicant wishes to pursue the change of zone, lacking a development plan. � Mr. Crump answered that this was essentially the point of Staff ' s recommendation limiting the action to clear up the residual piece of Open Space zoning. On a motion by Commissioner Fleshman, seconded by Commissioner Berkey, the Planning Commission recommended approval to the City Council by Minute Motion of said Modified Change of Zone, and directed Staff to forward this report of the Commission ' s action to the City Council; carried unanimously (4-0) . IX. NEW BUSINESS A. Consideration for City Initiation of Pre-Annexation Zoning for City Annexation Area No. 10. Commissioner Fleshman stated that he would have a conflict of interest , so would excuse himself from voting on this matter . Mr. Crump presented a report to the Commission , noting that the 'draft ' resolution requested initiation of a Change of Zone from ` S ' (Study) to RM (U.A. ) (Mobile Home Park and Mobile Home Subdivision Residential District , Upon Annexation) , or any other zone deemed appropriate. �rr. Chairman Snyder noted that it seems an appropriate zone for this area. On a motion by Commissioner Kryder, seconded by Commissioner Berkey, Planning Commission Resolution No. 471 was approved as presented; carried 3-0-1 (AYES : Berkey, Kryder, Snyder; ABSTAIN: Fleshman) . Minutes Page Six Palm Desert Planning Commission March 14, 1979 X. DESIGN REVIEW BOARD ITEMS Consideration of the cases reviewed by the Design Review Board at their regularly scheduled meeting of March 6, 1979. Commissioner Berkey left the Chambers at this time, due to a conf lict of interest . �, Mr. Crump reviewed Case No. 112 C with the Commission. On a motion by Commissioner Snyder, seconded by Commissioner Kryder, the actions of the Design Review Board were approved by Planning Commission Resolution N0. 472, as presented; carried 3-0-1 (AYES : Fleshman, Kryder, Snyder; ABSTAIN: Berkey) . XI . DISCUSSION ITEMS A. Mr. Williams presented details on the upcoming APA Cal- Chapter conference in San Diego for the Planning Commissioners, asking if there was any interest in attending. Commissioner Snyder recommended that all Commissioners attend if possible, and advised Mr. Williams that he would have final answers by the following Friday, as to who would be attending. B. Mr. Williams reported on LAFCO decisions at their March 8, 1979 meeting, whereby Annexation Nos. 6 and 8 were approved. C. Mr. Williams then related that a letter of opposition was sent to Riverside County regarding their Case No. 2239-E, as directed by the Commission at the last meeting. � XII . ORAL COMMUNICATIONS - None XIII . COMMENTS A. City Staff - None B. City Attorney - Not present C. Planning Commissioners - None XIV. ADJOURNMENT On a motion by Commissioner Kryder, seconded by Commissioner Fleshman, the meeting was adjourned at 2 : 35 p.m. PAUL A. WILLIAMS, Secretary ATTEST: �..r L�a����� f WALTER H. SNYDER, C irman /ss