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HomeMy WebLinkAbout1105 MINUTES PALM DESERT PLANNING COMMISSION MEETING WEDNESDAY - NOVEMBER 5, 1980 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. by Chairman Miller in the City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE - Commissioner Berkey III. ROLL CALL Members Present: Commissioner Berkey Commissioner Kryder Commissioner McLachlan (for a portion of meeting) Commissioner Richards Chairman Miller Staff Present: Carlos Ortega, Acting Director of Environmental Services Stan Sawa, Associate Planner Phil Drell , Assistant Planner Linda Russell , Planning Secretary Others Present: Barry McClellan, Director of Public Works Eric Vogt, Fire Marshal IV. APPROVAL OF MINUTES A. Minute of regular meeting of October 15, 1980. Mr. Sawa noted two corrections: Page 3, 6th paragraph, the vote should be: Carried 3-0-1 with Commissioner McLachlan abstaining. Page 3, last sentence, should read: She added that this would fill the housing market for the lower income citizens with prices between $103,000 to $113,000. Motion was made by Commissioner Richards, seconded by Commissioner McLachlan, to approve the minutes as amended. Carried unanimously (5-0). V. WRITTEN COMMUNICATIONS - NONE VI. PUBLIC HEARINGS THE COMMISSION CONSIDERED PUBLIC HEARING ITEM "I" FIRST. I. Case No. TT 16942 - TRANSCOPIC DEVELOPMENT and ENGINEERING SERVICE CORP. , Applicants Approval of a two (2) lot subdivision to allow construction of thirty-eight (38) condominium units (Lot 1) and apartment units or condominiums to be determined by the 1980 General Plan Update (Lot 2) on 13.3 acres within the PR-5 (Planned Residential , 5 d.u./acre maximum density) zone located at the northeast corner of Magnesia Falls and Portola Avenue. Mr. Sawa presented this case explaining that the subdivision would divide the rental portion from the condominium portion. He further stated Staff's recommendation that the final tract map not be finalized until the General Plan Update is completed because the right-of-way dedication on Magnesia Falls Drive would be determined then. Chairman Miller opened the Public Hearing asking if the applicant wished to make a presentation. MINUTES PALM DESERT PLANNING COMMISSION MEETING NOVEMBER 5, 1980 Page Two VI. PUBLIC HEARINGS (cont. ) MR. BILL LO, Representative, 232 Serena, stated he did not object to the conditions and understood that the General Plan Update had to be completed before finalization. Chairman Miller asked if there was anyone present who wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. Motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to goo approval to the City Council by adoption of Planning Commission Resolution No. 650, as submitted. Carried unanimously (5-0) . A. Continued Case No. VAR 08-80 - BOB AND GORDANA SIPOVAC, Applicants A request for approval of a Variance from building height standards to allow the construction of a two-story (18' maximum height) triplex adjacent to an R-1 zone and within an R-3 20,000 (3) , S.P. (Multifamily Residential , 20,000 sq.ft. minimum lot size, max. one d.u. per 3000 sq.ft. of lot area, Scenic Preservation Overlay) zone generally located on the east side of Ocotillo Drive 120 feet north of Verba Santa Drive. Mr. Drell presented this case stating that this item was continued because of concerns expressed at the original Public Hearing. He stated that the main concerns were the invasion of privacy from the second story windows and the construction of a 2-story structure next to an R-1 zone. Mr. Drell pointed out that the height of the building would be 18' which was within the limitations of the Zoning Ordinance for a one story residence. He reviewed the modified plan which eliminated the south- east second story windows. Staff recommended approval . Commissioner Berkey noted that on the Resolution to approve this case, it stated that there should be exceptional and extraordinary circumstances to justify approval . He asked Staff to clarify these points. Mr. Drell explained that the 18' height limitation is within the ordinance, for a one story residence, which makes it exceptional ; the structure would not be any higher than the R-1 lots, which is an extraordinary circumstance. Chairman Miller opened the Public Hearing and asked if the applicant cared to make a presentation. MRS. DIANE STADELMAN, Representative, 71-910 Highway 111, Rancho Mirage, stated that they accept the conditions then briefly explained that the pad elevation of the property to the south is 4 ft. above the pad elevation of the proposed project. She pointed out that the applicant proposes to redesign the second floor exterior so that it would be impossible to install windows in the future. Chairman Miller asked if there was anyone present who wished to speak in FAVOR or OPPOSITION to this case. OPPOSITION: MR. GEORGE RITTER, 73-345 Juniper, stated he was representing a neighbor in the area of the project. He pointed out that the Ordinance clearly stated that 2-sto structures are not allowed on this site. He felt that the original intent of the ordinance was to generate privacy and low density. He also noted that the neighbors aw have to conform to the Palm Desert Property Owner's Association height limitations which is 15 feet. He asked for a denial of this project. MR. STAN WYGLENDOWSKI, 46-125 Verba Santa, stated that the Oleander hedge, which provides a screen, is on the applicant's property, therefore, can be cut down anytime. He felt there was no hardship to justify approval of this project. MR. JIM HARDY, 46-075 Verba Santa, felt the ordinance should not be changed to allow 2-story structures next to an R-1 zone. MINUTES PALM DESERT PLANNING COMMISSION MEETING NOVEMBER 5, 1980 Page Three * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. PUBLIC HEARINGS (cont. ) MR. GEORGE SWEET, 46-370 Ocotillo, Representative of the Palm Desert Property Owner's Association, explained that the lots on Verba Santa and Ocotillo are under the 18 foot height limit. He was concerned about the grading and density. He also felt that the ordinance clearly defined that 2-story structures are not allowed. Chairman Miller asked the applicant for a rebuttal . Mrs. Stadelman briefly explained the grade change and pad heights and stated that they felt this project would be a positive contribution to the neighborhood. Chairman Miller closed the Public Hearing. Commissioner Kryder did not agree that there was an exceptional circumstance to this project. Commissioner Berkey agreed with Commissioner Kryder and noted that he did listen to the tape of this case from the meeting of September 30th, in which he was not present. He did not feel there were any justifications for granting a variance. Commissioner Richards felt that if the applicant was within the 18' height limitation and there was no invasion of privacy that this project or any similar project should be approved. Commissioner McLachlan agreed with Commissioner Richards but felt that a second floor or loft should be clearly defined before this is approved. Motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to deny this case by adoption of Planning Commission Resolution No. 651. Carried 4-1 (AYES: Commissioners Berkey, Kryder, McLachlan, Miller; NOES: Commissioner Richards). vow B. Case No. C/Z 10-80 - CITY OF PALM DESERT, Applicant Initiation of a Change of Zone from R-2, S.P. (Single- Family Residential , one unit per 4000 sq.ft. of lot area, Scenic Preservation Overlay) zone to R-3, S.P. (Multifamily Residential , one unit per 2500 sq.ft. of lot area, Scenic Preservation Overlay) zone or other zone deemed appropriate on the west side of Monterey Avenue between Rancho Grande and Park View Drive. Mr. Sawa suggested that this case be posponed until the General Plan Update is completed because the proposed zone change did not conform with the existing General Plan. Chairman Miller opened the Public Hearing asking if anyone present wished to speak in FAVOR or OPPOSITION to this case. Commissioner Berkey felt that the Commission had the right to act on this and did not agree to delay it. He stated that a number of people were concerned and it should be pursued. He added that if legal advise is. necessary than it should be obtained. Commissioner Richards felt that there were legalities involved as to whether the Commission can act on this or wait until the General Plan Update is completed. He, therefore, felt that it should be necessary to contact the City Attorney. Motion was made by Commissioner Berkey, seconded by Commissioner Richards, to continue this case to November 19, 1980. Carried unanimously (5-0) . MINUTES PALM DESERT PLANNING COMMISSION MEETING NOVEMBER 5, 1980 Page Four * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. PUBLIC HEARINGS (cont. ) C. Case No. ZOA 05-80 - CITY OF PALM DESERT, Applicant An initiation of an Amendment to Municipal Code, Chapter 25.30, regarding conditionally permitted uses in the R-3 (Multifamily Residential District) zone. Mr. Sawa stated that this case relates to the previous Change of Zone therefore, should also be continued indefinitely until the General Plan Update is .. completed. Chairman Miller opened the Public Hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to this case. There was none. Motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to continue this case to the meeting of November 19, 1980. Carried unanimously (5-0). D. Case No. DP 03-80 (Amendment) - STEIN-BRIEF/VISTA AND BALLEW-MCFARLAND, Applicants An Amendment of an approved Development Plan to allow the construction of a 6,151 sq.ft. conference facility and 48 additional hotel units on 2.54 acres of a 29.29 acre site on the west side of Highway 111, south of 44th Avenue. Mr. Sawa presented this case indicating that the 2.54 acre site was previously considered as undeveloped and the applicants are now proposing 48 hotel units and a conference facility on this site. He referred to the exhibits pointing out the design of the project with the changes. He explained an additional request by the applicant was to utilize 10% of the hotel units for employees. He stated if Staff determines this is permissable, the applicant can submit a future amendment. Mr. Sawa noted that Staff recommended the 2.54 acre site to be included as part of Phase I. Commissioner Kryder was concerned about the collection of room taxes. He asked how this would be determined. Mr. Sawa replied that the applicant was present and can answer the question. Commissioner Richards felt that there was no justification for 10% of the hotel units to be utilized for employment. Chairman Miller opened the Public Hearing asking if the applicant cared to make a presentation. MR. JIM SMITH, Stein-Brief/Vista, 18071 Fitch Ave. , Irvine, briefly reviewed the background of the project. In describing the conference facility, Mr. Smith stated that it would attract seminar groups, 100 to 300 people. He explained how the redesign of this building created the setback deficiency. Mr. Smith further explained that this part of the project would be part of Phase I. Mr. Smith gave a detailed explanation as to why he requested the hotel units for employees. He stated that they wanted to keep the management personnel for long- term employment in order to be able to operate a quality hotel . He also felt that the housing market would make it impossible for employees to afford housing nearby. He noted that this would require an amendment of one of the original conditions. Commissioner Richards felt that 10% was not needed. Mr. Smith replied that the number of rooms to be used would be determined in the future and that it could be more or less than 10%. Commissioner McLachlan asked for the cost of the units. Mr. Smith stated that a preliminary figure would be about $100,000 to $110,000. Commissioner McLachlan pointed out that housing nearby would probably be available for that amount or less. Mr. Smith stated that the hotel would retain ownership of the units and would be giving up the revenue. MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 5, 1980 Page Five * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. PUBLIC HEARINGS (cont. ) Commissioner Berkey was in favor of the developer providing housing for employees. It was noted that this matter would be determined by a future amendment. Mr. Smith submitted a list of positions which would occupy the hotel units. Chairman Miller was also concerned about the collection of City room tax. He was not in favor of employees living in the units. Chairman Miller closed the Public Hearing. Motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to approve this case by adoption of Planning Commission Resolution No. 652, subject to conditions. Carried unanimously (5-0). E. Case No. CUP 13-80 - JACK KLOTZ and SANDY BAUM, Applicants Approval of a Conditional Use Permit, Associated Parking Variance and Joint Use Parking Agreement to allow a Dinner House to occupy 6,505 sq.ft. of space, in a commercial complex within a C-1, S.P. (General Commercial , Scenic Preservation Overlay) zone located on the east side of San Pablo Avenue, between Highway 111 and El Paseo (73-520 El Paseo) . Mr. Sawa reviewed the site plan and explained that the proposed restaurant would be opened in the evenings only, therefore, the applicant is requesting joint use parking. Mr. Sawa stated that Staff felt the patio area should be cut to one half the proposed size to insure that no parking problems arise. Staff recommended approval . Chairman Miller opened the Public Hearing asking if the applicant wished to make a presentation. MR. JACK KLOTZ, 1467 No. Avenida Drive, stated he did not object to Staff's recommendation and requested approval . Chairman Miller asked if there was anyone present who wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. Motion was made by Commissioner Kryder, seconded by Commissioner Berkey, to approve this case by adoption of Planning Commission Resolution No. 653. Carried unanimously (4-0). COMMISSIONER MCLACHLAN LEFT DURING THIS ITEM. F. Case No. CUP 14-80 and TT 17104 - LEWIS HOMES OF CALIFORNIA, Applicant Approval of a Conditional Use Permit and Tentative Tract Map, to allow the subdivision of 31 existing duplex lots into 62 single family lots on 9.8 acres within the R-2 (5) , S.P. (Single Family Residential , one unit per 5,000 sq.ft. of lot area, Scenic Preservation Overlay) zone generally located at the northwest corner of Rutledge Way and Portola Avenue. Mr. Sawa presented this case reviewing the staff report and describing the proposed project. Staff recommended approval . Chairman Miller opened the Public Hearing asking if the applicant cared to make a presentation. MR. BILL SULLIVAN, Representative, 45-445 Portola, stated they did not object to the conditions and asked for approval . Commissioner Richards asked Mr. Sullivan what the prices would be for the homes. Mr. Sullivan replied approximately $75,000 to $85,000. Chairman Miller asked if there was anyone present who wished to speak in FAVOR or OPPOSITION of this case. There being none, the Public Hearing was closed. MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 5, 1980 Page Six * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI . PUBLIC HEARINGS (cont. ) Motion was made by Commissioner Richards, seconded by Commissioner Kryder, to recommend approval of TT 17104 to the City Council by adoption of Planning Commission Resolution No. 654; and, to approve CUP 14-80 by adoption of Planning Commission Resolution No. 654-A, subject to conditions. Carried unanimously (4-0) . G. Case No. CUP 15-80 - JIM SHARP and HOLDEN AND JOHNSON, ARCHITECTS, Applicants r Approval of a Conditional Use Permit to allow construction of a 10 unit residential condominium project on 25,200 sq.ft. site, within the R-3 (Multifamily Residential , one unit per 2,500 sq.ft. of lot area) zone located at the southeast corner of Las Palmas Avenue and San Gorgonio Way. Mr. Sawa presented this case describing the site plan and noting that the Design Review Board reviewed this case and felt there were no major problems. Staff recommended approval , subject to conditions; Mr. Sawa reviewed those conditions. Chairman Miller opened the Public Hearing asking if the applicant wished to make a presentation. MR. RICK HOLDEN, Architect, 73-730 Hwy 111, stated he was present for any questions the Commission might have. He did not object to the conditions. Chairman Miller asked if there was anyone present who wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. Motion was made by Commissioner Berkey, seconded by Commissioner Richards, to approve this case by adoption of Planning Commission Resolution No. 655. Carried unanimously (4-0) . ..r H. Case No. CUP 16-80 - CLEVE LEONARD and WALLING AND MCCALLUM, Applicants Approval of a Conditional Use Permit and Joint Use Parking Agreement to allow the addition of 238 sq.ft. to an existing 3,433 sq.ft. restaurant, located within the C-1, S.P. (General Commercial , Scenic Preservation Overlay) zone located at the northeast corner of DeAnza Way and Palm Desert Drive (74-450 Hwy 111) . Mr. Sawa presented this case stating that the Conditional Use Permit was requested for a lounge addition. He indicated that an additional 7 parking spaces would be provided for compliance with the parking requirements. He stated that the Design Review Board reviewed this case and felt it was acceptable. Staff recommended approval subject to conditions. Chairman Miller opened the Public Hearing asking if the applicant cared to make a presentation. MR. JOHN WALLING, 45-260 Club Drive, Indian Wells, requested Design Review Condition No. 1 to be deleted. He felt that the 42" shrub hedge would add to the already problem of crime. Commissioner Richards agreed and stated he was familiar with this problem. The Commission agreed to delete Design Review Condition No. 1. Chairman Miller asked if there was anyone present who wished to speak in FAVOR or OPPOSITION to this case. There being none, the the Public Hearing was closed. Motion was made by Commissioner Kryder, seconded by Commissioner Berkey, to approve this case by adoption of Planning Commission Resolution No. 656, as amended. Carried unanimously (4-0). MINUTES PALM DESERT PLANNING COMMISSION MEETING NOVEMBER 5, 1980 Page Seven * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. OLD BUSINESS - NONE VIII. NEW BUSINESS A. Case NO. GPA 01-80; Revised Public Hearing date. Mr. Sawa stated that the original Public Hearinq date, December 2, 1980, would be a normal Public Hearinq night and does not provide adequate time for this case. Staff recommended a change to December 11, 1980. Motion was made by Commissioner Berkey, seconded by Commissioner Richards, to reschedule the date to December 11, 1980, by adoption of Planning Commission Resolution No. 657. Carried unanimously (4-0). IX. DESIGN REVIEW BOARD - NONE X. DISCUSSION ITEMS A. City-County Planning Commissioner's conference on November 19, 1980. Mr. Sawa informed the Commission of the conference and asked that they contact Staff for the necessary reservations. B. Memo from City Manager regarding intersection of Painters Path and Highway 111. Commissioner Richards stressed how dangerous the situation was at this intersection and felt that there was a definite need for some alternative. Commissioner Berkey asked for this item to be on the next meeting's agenda. XI. ORAL COMMUNICATIONS - NONE XII. COMMENTS Mr. Ortega introduced the new Public Works Director, Mr. Barry McClellan. XIII. ADJOURNMENT Motion was made by Commissioner Kryder, seconded by Commissioner Richards, to adjourn the meeting at 9:05 P.M. SIT—AN SAWA, Acti g Secretary ATTEST: CHA MILLER, Chairman /lr %NW