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HomeMy WebLinkAbout0403 MINUTES PALhi DESERT PLANNING COb4MISSION MEETING TUESDAY - APRIL 3 , 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 at 7 : 00 p.m. in the City Hall Council Chambers. iI . PLEDGE OF ALLEGIANCE - Commissioner Fleshman �.. III . ROLL CALL Present : Commissioner Berkey Commissioner Fleshman Commissioner Kryder Chairman Snyder Others Paul A. Williams - Director of Environmental Services Present : Murrel Crump - Principal Planner Susan Schramke - Planning Secretary IV. APPROVAL OF MINUTES A. r4inutes of regular meeting of March 14 , 1979 _ Mr. Crump noted changes as follows: Page 3, lst paragraph, correct spelling of "Condominiums" ; Page 3, lst paragraph, 3rd line, omit "which is founded here" ; � Page 4, change lst paragraph to read: "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.�� Page 4, 2nd paragraph, change last sentence to read: "He does not agree that it is a compatible use to give one realtor such an advantage over others in the same city. " Page 4, 4th paragraph, 1st sentence, strike "we are dealing with" ; Page 4, 4th paragraph, 4th line, correct to read: "the effect is one of limiting entry to the premises" ; Page 4, 4th paragraph, last line, sentence should end after the word "wrong" ; Page 4 , 5th paragraph, 3rd line, after the word "operation" , sentence should read: "only involved in real estate within the gates of Marrakesh. " On a motion by Commissioner Kryder, seconded by Commissioner �leshman, the minutes of March 14, 1979, were approved as amended. �arried unanimously (4-0) . o.. V. WRITTEN COMMUNICr�TIONS - None VI . PUBLIC HEARINGS A. Case No. PM 13559 (Revised) - PDR ASSOCIATES, Applicant Request for approval of a revised Tentative Parcel Map to divide approximately 8 acres into 4 parcels at the iiitersection of Highway 111 , 44th Avenue, and Painters Path. Minutes Page Two Palm Desert Planning Commission April 3, 1979 VI . A. (cont . ) Mr. Crump presented a staff report , noting the previous related cases DP O1-78 (amend. ) and the original PM 13559, containing three parcels. He also related the adjacent zoning, and square footage of each proposed parcel. He then noted that the proposed revised map is generally consistent with previous action on the development ; and that staff ' s recommendation is to approve the proposal , subject to conditions. � Chairman Snyder declared the Public Hearing open, and asked if the applicant were present . The applicarit was not present , so Chairman Snyder asked if anyone present wished to speak in FAVOR or OPPOSITION to the request . There 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 case was approved by adopting Planning Commission Resolution No. 473 as submitted; carried unanimously (4-0) . B. Case No. DP 03-79 - JAMES E . KAUL, Applicant Commissioner Fleshman left the Council Chambers at this time, due to a conflict of interest . Request for approval of a Residential Development Plan to allow 36 condominium units on approximately 7. 5 acres within the PR-5 zone on the south side of Country Club Drive, between Monterey and Portola Avenues. Mr. Crump reviewed the staff report , relating the design elements and noting that there are several design features that will need to be restudied. These include location of the entrance to the site, �ind/blo���sand protection planting, alternate emergency access, site �oundary setback, provisions for on-site water retention, and easement �for drairiage purposes. He then stated that it would appear there are too many design considerations at this point to approve the si_te plan in preliminary form by conditions, and that staff recommendation would be to continue the case to the Planning Commission meeting of May 3, 1979, for restudy of said design considerations. The applicant was not present to make a statement , so Chairman Snyder declareci the Public Hearing open , asking if anyone present wished to speak in FAVOR or OPPOSITION to this proposal . There being none, he as�ced for the pleasure of the Commission. On a motion by Commissioner Kryder, seconded by Commissioner Berkey, the case was continued to the meeting of May 3 , 1979 to allow the applicant to restudy design features; carried3-0-1 (AYES : Berkey, Kryder, Snyder; ABSTAIN: Fleshman) . C. Case No. TT 13881 - DAME ' -DOTY DEVELOPMENT CO. , Applicant Request for approval of a Tentative Tract Map to allow 653 dwelling units and golf course on approximately 238 acres in the PR-5 zone (and O.S . zone Storm Channel) located on the west side of Portola Avenue, north of �, the Whitewater Storm Channel . Mr. Crump reviewed the staff report , noting that related Development Plan O1-79 and Design Review Case 169 MF have been approved. He also related background data of the project , which included proposed phasing, proposed building/units, major tract improvements, and the public facilities requirement . He then observed that the subject Tentative Tract Map seeks to interpret the design conditions of approval for the previous preliminary development plan, and enumerated said conditions. Minutes Page Three Palm Desert Planning Commission April 3 , 1979 VI . B. (continued) Chairman Snyder declared the Public Hearing open and asked if the applicant wished to make a presentation. RICHARD DOTY, 43 Barcelona, Rancho Mirage, stated that he has ,�„„ reviewed conditions , and feels generally in concurrence with them. However, he would like clarification on a few items . Special Condition of Approval No. 5 - Mr. Doty spoke with Clyde Beebe to find out what scope of work would be involved. They are willing to go with the wording of condition with the understanding that it is going to be a fair share contzi- bution. They are also not clear on what the Design Review functiori is from this point on. Mr. Doty was told that the Design Review Board has forwarded their development plan to the Planning Commission for consideration under the Design Review section of the Agenda. If confirmed, that will allow the applicant to finalize plans for filing . Mr . Doty then noted that they are in agreement with the Standard Conditions , but need clarification on Special Condition No . 2 and 5 . No . 2 was not addressed at the development plan stage. They have decided to stay out of the wash entirely. They have no property on the south side, so had no occasion to cross the wash with the golf fairway. They do not see the need to treat the entire wash. It has ,�, held up very well so far. As far as treatment at Portola crossing, they could possibly rip-rap that area to prevent any erosion on Portola; that would be a way to prevent any damage. Therefore , they would like to modify No . 2 - they do not feel it is practical to do the whole thing. They are also not in agreement with No . 5. They understan� that area north of the wash is not included within the Master planned area for such a drainage. Their property is in effect surrounded on north and west by P�onterey Country Club . They are directing their water into the Storm Channel . He talked with Clyde Beebe, who asked for a contribution, stating it was for general improvements . Mr. Doty stated that Mr. Beebe had talked in terms of $31 , 500, which they were more than willing to contribute. However, a contribution of $1, 500 per acre was not acceptable . Commissioner Fleshman stated that No. 5 is basically an item that deals with City finances and policy, and that applicant would have to renegotiate this item with City Council , and would have to be approved by City Council . Mr. Williams suggested an addition to No. 5 as follows : "or provide an alternate adequate protection westerly of Portola as found acceptable by the Director of Public Works . " r.. JOHN SANBORN, Webb Engineering , stated that he understands that the main concern is protection of Portola. This can be done simply. Minutes Page Four Palm Desert Planning Commission April 3 , 1979 Commissioner Fleshman offered an addition to No. 5 as follows : "or as determined by City Council . " , and this was agreed upon by the applicant and the Planning Commission . Chairman Snyder declared the Public Hearing open, asking if anyone present wished to speak in FAVOR or OPPOSITION to this proposal . There being none, he closed the Public Hearing, and asked for the pleasure of the Commission. On a motion by Commissioner Berkey, seconded by Commissioner Kryder, the case was approved by Planning Commission Resolution No. 474, with additions as follows : �n. Special Condition No . 2 - Add "or provide alternate adequate protection westerly of Portola as found acceptable by the Director of Public Works" . Special Condition No. 5 - Add: "or as determined by City Council . " carried unanimously (4-0) . D. Case No. C/Z 02-?9 - CITY OF PALM DESERT, Applicant Request for Change of Zone from ' S' Study to R-M (U.A. ) or any other zone deemed appropriate for approximately 40 acres generally located between 42nd Avenue and Merle Drive, east of Rebecca Road. Commissioner Fleshman Ieft the Council Chambers at this time, due to a potential conflict of interest . Mr. Crump presented this item to the Commission . Mr. Williams noted that the Resolution prepared shoL�ld be changed to delete the words "or any other zone deemed appropriate" in all applicable areas of the Resolution, stating that if approved, the motion ,� would be to recommend a change of zone from S to R-M. Chairman Snyder declared the Public Hearing open, asking if anyone present wished to speak in FAVOR or OPPOSITION to this proposal . JERRY ALLEN, 74-573 Merle Drive, stated that Yle repr•esents 127 homeowners in the subject area. He does �ot actu.�lly wish to oppose this request , but did wish to state concern regarding sand protection for surrounding area. He related that he has lived in area for 15 years, and during that time, planted as many as 500 Tamarisk trees as sand protection, Approximately ei�ht years ago , a development came in on the west and cut aown the Tamarisk trees, assuring property owners that sand protection would be provided; however, they have to date only provided a chain-link fence. Mr . Allen is concerned that this may happen with new development in subject area, and is seeking assurance that it will not . Chairman Snyder agreed that this is a valid and reasonable concern, and assured Mr. Allen that no development could occur until development plan is reviewed and approved by the Planning �,,, Commission, at which time, Mr. Allen and other property owners would • be advised by a Legal Notice. Mr. Allen then asked if, when the change of zone is approved, would they still have recourse. Chairman Snyder confirmed this, stating that we are only pre-zoning property for consideration of annexing to the City. The developer must submit a development plan , and City will send another Legal Notice. Mr. Williams also pointed out that the granting of the zoning is the establishment of the concept of mobile homes. The matter of design is not a right intended in the zone. Development must be acceptable to the City. Minutes Page Five Palm Desert Planning Commission April 3, 1979 VI . D. (cont . ) Mr. Allen then asked if these mobile homes would be recessed, and Mr. Williams answered yes - - they would be comparable to Palm Desert Greens. F. X. MC DONALD, Jr. , Long Beach, stated that he owns 40 acres north of Palm Desert Estates, and last July, the City �ook 10 acres �, from his land for habitat of the Fringe-Toed Lizards . Mr. McDonald wondered why they have not done the same for the subject request ; shouldn ' t this be Open Space also. Shouldn't other developers have to give up a quarter of their land to Open Space. � Mr. Williams stated that the City has recently developed a Master Plan of Parks and Recreation, whereby they defined the Sand Dune Park as the area north of 42nd Avenue. With the adoption of that plan, the previous designation was deleted. Chairman Snyder stated that this property falls outside the jurisdiction of the park requirements of the Genera� Plan. He sympathizes with the question and ho�es that we can solve it some day. Chairman Snyder declared the Public Hearing closed, asking for the pleasure of the Commission . On a motion by Commissioner Kryder, seconded by Commissioner Berkey, Planning Commission �esolution No. 475 was approved with the deletion of the words "or any other zone deemed appropriate" where applicable; carried 3-0-1 (AYES : Berkey, Kryder, Snyder; ABSTAIN: Fleshman) , � �,;�II . OLD BUSINESS - None VIII . NEj9 BUSINESS A. Coachella Valley County Water District Projects in the City of Palm Desert Mr. Williams reviewed the proposals, noting that that the request is to find the proposals in compliance with the adopted Palm Desert General Plan. Chairman Snyder commented that he hoped Public Works will continue to have Coachella Valley County Water District put streets back in good condition at the conclusion of projects. On a motion by Commissioner Berkey, seconded by Commissioner Fleshman, Planning Commission Resolution No. 476 was approved as presented; carried unanimously (4-0) . B. Consideration of date change for May 1 , 1979, Planning Commission meeting Mr. Williams explained that a conflict of dates would occur ' �etween the May 1 meeting and the Planning Commissioners Conference in �an Diego for the C�.l Chapter of APA. On a h4inute ?dotion by Commissioner Kryder, the May 1 , 1979 Planning Commission meeting was changed to May 3, 1979; carried unanimously (4-0) . IX. DESIGN REVIEW BOARD ITEMS Consideration of cases acted upon by the Design Review Board at their March 20, 1979 meeting Mr. Crump reviewed the three cases (108C; 111C; 169MF) the Design Review Board acted upon. Minutes Page Six Palm Desert Planning Commission April 3 , 1979 IX. (cont . ) Chairman Snyder asked if any of the applicants wished to make a presentation. Mr. Dame ' commented on Case No. 169 MF, referring to the recommendations of the Design Review Board regarding gabled roofs - he noted that they plan to minimize the use of gabled roofs as much as �,.,possible, and will not use them at all on 5-unit buildings. On a motion by Commissioner Fleshman, seconded by Commissioner Kryder, the actions of the Design Review Board at their March 20, 1979 meeting were approved by Planning Commission Resolution No. 477, as presented; carried unanimously (4-0) . Mr. Williams related that the Planning Commission will be reviewing a change in the composition of the Design Review Board at their next Study Session meeting. X. ORAL COMMUNICATIONS - None XI . COMMENTS A. City Staff - None B. City Attorney - Not present C. Planning Commissioners - None �,,,,,XI I . ADJOURNMENT The meeting was adjourned at 8 :40 p.m. 1 �C�� -� . PAUL A. WILLIAMS, Secretary ATTEST: �� Z � W-�1IJT R H. SNYDE irman � /ss �