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HomeMy WebLinkAbout1230 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - DECEMBER 30, 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 Richards Chairman Miller Excused Absent: Commissioner McLachlan Staff Present: Ramon A. Diaz, Director of Environmental Services Stan Sawa, Principal Planner Phil Drell , Assistant Planner Linda Russell , Planning Secretary Others Present: Barry McClellan, Director of Public Works IV. APPROVAL OF MINUTES A. Minutes of regular meeting of December 17, 1980. Motion was made by Commissioner Berkey, seconded by Commissioner Richards, to approve this minutes as submitted. Carried unanimously (4-0) . V. WRITTEN COMMUNICATIONS - NONE VI. PUBLIC HEARINGS A. Case Nos. DP 11-80 and TT 14998 - KAUFMAN AND BROAD HOMES, INC. and WALLACH AND ASSOCIATES, INC. , Applicants Request for approval of a Development Plan and a Tentative Tract Map to allow the construction of a 22 dwelling unit condominium project and associated recreational amenities on 5 gross acres within the PR-5 zone (Planned Residential , 5 d.u./acres maximum density) located at the southwest corner of Portola Avenue and Hovley Lane. Mr. Sawa presented this case stating that this project was previously approved but has expired. He stated that the Design Review Board has approved this matter and previous concerns have been addressed by the DRB. Mr. Sawa noted one concern, trash pickup, was addressed in one of the conditions. Staff recommended approval . Chairman Miller asked about the condition stating that there would be no sidewalks. Mr. Sawa replied that the sidewalks are located on the east side. Chairman Miller opened the Public Hearing asking if the applicant wished to make a presentation. MR. KEN BRANDT, Representative, 18902 Bardeen Way, Irvine, stated he reviewed! the conditions and accepted them. He noted the project Engineer was present for any questions. 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 approve the Development Plan by adoption of Planning Commission Resolution No. 665, and recommended approval to the City Council of Tentative Tract Map 14998 by adoption of Planning Commission Resolution No. 666. Carried unanimously (4-0) . MINUTES PALM DESERT PLANNING COMMISSION MEETING DECEMBER 30, 1980 Page Two VI. PUBLIC HEARINGS (cont. ) B. Case Nos. DP 07-80, C/Z 01-80, and CUP 07-80 - C. ROBERT HUBBARD, J.E. RAPKIN, B. SOLOMON, (BALLEW-MCFARLAND, Rep. ) , Applicants Request for a Zone Change, Development Plan, and Conditional Use Permits to allow construction of a hotel/condominium/ commercial project on a 30.5* acres, "L" shaped site, located at the northeast corner of Highway 111 and Deep Canyon Road. Mr. Diaz presented this case stating that this project was continued because of concerns expressed from the public and a request to prepare an EIR. Mr. Diaz stated that the EIR was now prepared and needed certification. Mr. Diaz then reviewed the residential , resort center, and commercial sites giving the proposed data and what was required by code, noting that all the sites, as proposed, did meet the City requirements; and that the zone change was consistent with the City's adopted General Plan. He reviewed the zone changes proposed: A portion of the hotel site was to be rezoned to resort commercial ; Commercial site to be rezoned to general commercial , and a CUP was required for development of a supermarket in this area. Mr. Diaz also noted several findings that warranted the proposed project. He described the development pointing out that the market has been reduced to 40,000 sq.ft. (from 57,000 sq.ft. ) and relocated further south; the proposed road, running east-west from Deep Canyon to Cook, has been eliminated. Mr. Diaz stated that a 60 ft. wide landscape buffer strip was provided adjacent to Hidden Palms, which addressed one of the concerns expressed at the last hearing. He then described the hotel complex relocation and stated that a condominium complex was being projected to be developed abutting Hidden Palms. Mr. Diaz stated that, in terms of the CUP required for the supermarket, Staff believed that it would not have an adverse impact on adjacent properties, will not "No be detrimental to surrounding properites, and it would meet the goals and objectives of the City's Genral Plan. Mr. Diaz reviewed the Environmental Impact Analysis which included drainage, traffic and circulation, and noise. He concluded by giving Staff's recommendation for approval . . Mr. Diaz also noted the mitigating measures set forth in the EIR were imposed as conditions of approval as part of the Resolution. Commissioner Berkey noted that Standard Condition No. 9 should also include the Fire Marshal 's letter dated December 11, 1980. Mr. Diaz noted a concern was made in regards to privacy, therefore, he recommended an additional condition, which would assure privacy to surrounding residents, to read: "Height of windows of retail shops, adjacent to Hidden Palms shall be limited to 6 feet from grade. " Chairman Miller opened the Public Hearing asking if the applicant wished to make a presentation. MR. BERNARD SOLOMON, 48-842 Cassia Place, stated that the original plans were very tentative. He described what the additional studies showed and recommended. He stated they have eliminated the two story features in the condominiums and he believed that by eliminating the road to Cook St. , it would also eliminate several problems. Mr. Solomon felt that the restaurant would be a first class quality restaurant. He stated that, in terms of storm drains, they will go along with whatever is required and it would eventually benefit the properties on the north. He noted that he had met with the Board of Directors for Hidden Palms. Mr. Solomon compared other develop- ments where there were commercial developments near residential areas noting that the property values did not decrease because of it. He asked for approval . Chairman Miller asked if there was anyone present who wished to speak in FAVOR or OPPOSITION to this case: MINUTES PALM DESERT PLANNING COMMISSION MEETING DECEMBER 30, 1980 Page Three * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. PUBLIC HEARINGS (cont. ) OPPOSITIONS: MR. BARRY WOODS, 44775 Deep Canyon, stated he was told this project was defeated at the previous hearing. He stated that he was not opposed to the development but was opposed to the supermarket and commercial site; he felt that the property value would be affected and he would have a problem selling his home in the future. JAN KOPIC, 44079 Oran Court, stated that she received notice on Christmas Eve and felt that since property owners were gone for the holidays, she requested a continuance. Chairman Miller asked staff when the notices were mailed. Staff replied that they were mailed and published on the 18th of December. ELIZABETH BARLOW, 44685 Monaco Circle, stated that there were many people who did not receive notice and that there was insufficient time given to review the EIR. She noted that the EIR did not give any elevations for Hidden Palms on Deep Canyon. GARY GOUDSWAARD, 44-755 Deep Canyon Road, stated that the market would create a traffic problem on Deep Canyon. He felt that there were too many markets, banks, etc already, for this City He further noted that currently the City does not have any fire protection. MARYANNE KENNY, 44835 Deep Canyon Road, felt that the buffer was added for the benefit of the Hidden Palms residents but nothing was done for the residents on Deep Canyon Road. She felt that the market "sticks out" too much. She also felt that the City has sufficient commercial development. Chairman Miller noted that Deep Canyon Road would be widened when the proposed project is developed. r. MR. DOUGLAS RICHARDSON, 44665 Monaco Circle, asked for clarification on the commercial building locations and the height of the buffer. After some discussion on the height of the buildings Mr. Diaz stated that a condition could be added to limit the height of the buildings adjacent to the Hidden Palms residential area to 18 feet. GWEN CARTER, 44-379 Cannes Court, also felt that there were traffic problems and this development would add to those problems. W.D. SMITH, 44-379 Baden Court, stated that the lights from the development would have a great impact on the residents. He questioned the drainage and stated he needed more information of the overall development. He objected to the rezoning of the residential zone to commercial . Chairman Miller briefly explained to those concerned that the lighting would be reviewed by the Design Review Board to assure there would not be any problems. Chairman Miller called for Mr. Solomon to give a rebuttal . Mr. Solomon stated that he met with Pat Reed, Rev. Smith, and Mr. Razella, of the Board of Directors for Hidden Palms. He pointed out that the EIR was completed 60 days ago and one was mailed to Mr. Barlow. Mr. Solomon indicated that the one story limitation for the commercial area would hurt the development; they were proposing a two story office adjacent to their proposed condominium development. Commissioner Berkey informed the applicant that he would have to move the building southerly, away from the condominiums. Mr. Solomon indicated that it would not be a problem. Doug Richardson asked for a copy of the EIR. Mr. Hubbard noted he had serveral copies available in his car; and offered copies to anyone present who wanted one. MINUTES PALM DESERT PLANNING COMMISSION MEETING DECEMBER 30, 1980 Page Four * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI . PUBLIC HEARINGS (cont. ) Mr. Goudswaard again stated that there were several traffic problems and maintenance of vacant lots. He strongly opposed the project. Chairman Miller closed the Public Hearing. Commissioner Richards felt that the public did have valid complaints as to information availability and knowlege of the City's code requirements. He pointed out that some of the problems raised would be taken care of through the Design Review Board process. Commissioner Berkey agreed with Commissioner Richards and asked staff if the building locations of the proposed development were definite. Mr. Diaz stated that there were comments regarding the location of the market and other buildings and asked for a continuance in order to give staff the opportunity to address these concerns. He indicated that EIR copies would be available and in the Environmental Services Department for review and requested that comments from the public be submitted in writing. Commissioner Richards moved to continue this matter to January 14, 1981. The motion died due to lack of a second. A 10 MINUTE RECESS WAS CALLED - THE MEETING RECONVENED AT 8:35 P.M. Chairman Miller reopened the Public Hearing and asked if anyone present wished to speak. Mr. Solomon stated that there was a time element involved. He stated that everything had been done that was required by the City code and by law, including the EIR. He felt that the EIR has been available to the public and everyone had been aware of this. He did not feel there was any basis for a continuance and requested for a decision tonight. Chairman Miller asked if there was anyone else who wished to speak. The Public Hearing was closed. Commissioner Berkey was concerned with the legal procedures and asked Mr. Diaz what could or could not be done tonight. Mr. Diaz stated that the Development Plan and Conditional Use Permit would only be valid if City Council approved the Change of Zone. He indicated that Staff would respond to the comments on the EIR. Commissioner Richards asked Mr. Diaz to explain to the public what the procedures were and then respond to the comments. Mr. Diaz stated that the next Public Hearing would be before the City Council for the approval of the Change of Zone. He explained what would be reviewed at the Design Review Board and asked if anyone who wished to be present for that meeting may request notification. Commissioner Berkey noted that there is an appeal period also for any decision reached by the Planning Commission or City Council . Mr.Diaz responded to comments pertaining to Environmental concerns as follows: Traffic - The widening of Deep Canyon Road would accomodate the traffic volume Parking Lot lighting - will be examined through the Design Review Process. Drainage - conditions are imposed in the recommended Resolution. He reviewed those. Population - there has been population increase to substantiate need. Location of Market - Area it is now located meets required setbacks. Market has been relocated from the original proposed location. Volume of Traffic - Peak hours would not conflict between the proposed market and the busy hours. Drag Racing - does not relate to this development, and is policing problem. Energy and lighting - will meet energy standards of City and Federal agencies. Elevation of buildings - This will go through the Design Review Board Process. Height limiation condition added. Drainage - property to north of project will not receive increased drainage runoff due to grading and improvements. MINUTES PALM DESERT PLANNING COMMISSION_ MEETING DECEMBER 30, 1980 Page Five * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. PUBLIC HEARINGS (cont. ) Commissioner Berkey noted that the question of the economics of another market in the City was raised. Mr. Diaz stated that the EIR showed there is sufficient demand for this additional market. Chairman Miller reviewed the added Special Conditions, which were as follows: 1112. Height of windows of retail shops, adjacent to Hidden Palms shall be limited to 6 feet above grade. " "13. Height of retail shops, adjacent to Hidden Palms shall be a maximum of 18 feet. " The Commission agreed to these additions. Motion was made by Commissioner Richards, seconded by Commissioner Kryder, to recommend approval to the City Council of a Change of Zone and certification of the EIR as it relates thereto, by adoption of Planning Commission Resolution No. 667; and, approve Development Plan and Conditional Use Permit and certification of the EIR as it relates thereto, by adoption of Planning Commission Resolution No. 668, subject to conditions as amended. Carried unanimously (4-0) . The Commission informed the public that the hearing for the Change of Zone would go before the City Council on the 22nd of January, 1981. C. Continued Case Nos. ZOA 05-80 and ZOA 06-80 - CITY OF PALM DESERT, Applicant Amendment to Municipal Code, Chapter 25.20, regarding conditionally permitted uses in the R-3 zone (Multifamily Residential District) . Amendment to Municipal Code, Chapter 25.18, regarding conditionally permitted uses in the R-2 zone (Single Family Residential District). Mr. Diaz reviewed the staff report and recommended approval to the City Council . Chairman Miller opened the Public Hearing and asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. Mr. Dean Cole, 73-144 Catalina, gave the present zones in his area and stated he would eventually like to convert his home into an office. He encouraged approval . There was dicussion on the matter of the properties abutting the proposed regional center on Monterey, since the properties also abutted R-1. Mr. Diaz indicated that as long as a parcel abutted the regional commercial zone it could apply for a conditional use permit for office purposes. Additional discussion occurred concerning property zoned R-3 or R-2 which are across a street or alley from commercially zoned property and the Commission concluded that such parcels could also have the right to apply for a conditional use permit for office uses. Therefore, the Resolution, Exhibit "A" , were amended as follows: ZOA 05-80 - (N) Professional offices, provided property to be developed is abutting, across street, or alley, from a PC (3) zone or existing professional office use; residential development standards to be used to insure compatibility. ZOA 06-80 - (K) Professional offices, provided property to be developed is abutting, across street, or alley, from a PC (3) zone or existing professional office use; residential development standards to be used to insure compatibility. Chairman Miller closed the Public Hearing. Motion was made by Commissioner Berkey, seconded by Commissioner Richards, to recommend approval to the City Council , by adoption of Planning Commission Resolution Nos. 669 and 670, as amended. Carried unanimously (4-0) . VII. OLD BUSINESS - NONE MINUTES PALM DESERT PLANNING COMMISSION MEETING DECEMBER 30, 1980 Page Six * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. NEW BUSINESS A. Approval of Planning Schedule for January, February and March, 1981. Mr. Sawa noted that the Parks and Recreation Commission time should be changed to 12:00 noon instead of 7:00 P.M. Minute motion was made by Commissioner Kryder, seconded by Commissioner Richards, to approve the schedule as amended. Carried unanimously (4-0) . IX. DESIGN REVIEW BOARD ITEMS - NONE X. ORAL COMMUNICATIONS - NONE XI. COMMENTS Commission asked the Director of Public Works when they were going to place culverts and restore the road at the dip on Portola. Mr. McClellan replied that he would talk to the Coachella Valley Water District and relate the information to the Commission. Commission asked what the status was regarding the intersection of Hwy 111 and Painters Path. Mr. McClellan replied that the property owner across the street and the developer were contacted for comments, and was waiting for their replies. Commissioner Kryder asked staff why they were not receiving any notices from CVAG. Mr. Diaz explained that they have had a complete turnover and that might be one of the problems. XII. ADJOURNMENT Motion was made by Commissioner Richards, seconded by Commissioner Kryder, to adjourn the meeting at 9:20 P.M. Carried unanimously (4-0). RAMO ' . DIAZ, Secretary ATTEST: CH ES L ILLER, Chairman /lr }