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HomeMy WebLinkAbout0415 MINUTES PALM DESERT PLANNING COMMISSION MEETING WEDNESDAY - APRIL 15, 1981 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 1:00 p.m. and due to lack of qaorum it was adjourned until 2:00 p.m. , in the City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE - Commissioner Berkey � III. ROLL CALL Members Present: Commissioner Kryder Corrxni ss i oner Berkey Commissioner McLachlan (portion of ineeting) Commissioner Richards Chairman Miller Staff Present: Ray Diaz, Director of Environmental Services Stan Sawa, Principal Planner John Dos Santos, Assistant Planner Linda Russell , Planning Secretary Others Present: Barry McClellan, Director of Public Works Eric Vogt, Fire Marshal IV. APPROVAL OF MINUTES A. Minutes of the meeting of March 31, 1981. Motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to approve the minutes as written. Carried unanimously (5-0). V. WRITTEN COMMUNICATION ""' A. Letter from Pacific Coast Builders, Inc. , regarding Desert Falls Country Club (Tract 15000) . ; Mr. Diaz explained the letter which stated that there was a misundertanding on a revised plan for Phase I, TT 15000, on the number of units eliminated. Mr. Diaz stated that the applicants were requesting that the number of units originally approved, be reinstated. Commissioner Berkey and Commissioner Kryder agreed that it was a reasonable request and approved. It was noted that the letter was received and filed. VI. PUBLIC HEARINGS A. Continued Case No. C/Z 01-81 - RANCHO DE LOS COMPAQRES, Applicants Request for approval of a preannexation Change of Zone, upon annexation located between Country Club Drive and Frank Sinatra Drive (extended) and west of Cook Street. Mr. Diaz reviewed the Commission's concerns, one of which was the 25 acre corr�nercial development. He explained that all concerns on this matter were addressed ,�,.� i n the draft Resol uti on and recorrmended approval . Commissioner Kryder asked if the 25 acres would have to be developed or a portion of it. Mr. Diaz replied that on a 25 acre Development Plan one-half would have to be developed initially. Commissioner Berkey was concerned that 3-A-2, of the Resolution, would preclude overlay zoning. It was agreed to amend that to read: "The future residential density of any portion of the commercial area shall not exceed the residential density of the adjacent zoning and development as determined by the Planning Corr�nission. " MINUTES PALM DESERT PLANNING COMMISSION APRIL 15, 1981 Page Two * * * * * * * * * * * * * * * * * * * � * * * * * * � * * * * � * * * * * * * * * * VI. PUBLIC HEARINGS (cont. ) Commisserioner McLachlan expressed his concurrence with staff's recommendation. There was discussion about the possibility of putting a portion of the property in the (S) zone. After discussion Commissioner Kryder felt that the request, as submitted was acceptable. Commissioner Richards felt 25 acres was too excessive and 10 acres would be more favorabl e. ,,,,� Chairman Miller agreed with staff's feelings in terms of keeping the resi- dential density as proposed and, if necessary, down zoning in the future. Chairman Miller opened the Public Hearing and asked if the applicant wished to make a presentation. MR. ROBERT MCFARLAND, Ballew-McFarland, made a brief presentation indicating why the project should be approved. He concurred with conditions and asked for approval . Chairman Miller asked if anyone present wished to speak in FAVOR OR OPPOSITION to this case. There being none, the Public Hearing was closed. Commissioner Richards expressed his concern for the location of the commercial development. Mr. Diaz stated that if Commission was concerned for the undeveloped area, a condition could be added to read: " Any undeveloped portion shall not remain in a fallow condition but shall be landscaped as approved by the City of Palm Desert. " Commission concurred. There was further discussion on development of the final 122 acres of the commercial area, which is not part of the initial development. Commissioner McLachl� �; felt that it could be reviewed further when the Master Plan is submitted. ; Motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to approve this case by adoption of Planning Commission Resolution No. 695, as amended. Carried 4-1-0, with Commissioner Richards voting no. B. Continued Case No. CUP 02-81 - ROBIN SHOU, Applicant Request for approval of a Conditional Use Permit to allow the operation of an electronic games arcade in a 1,000 square foot building within the C-1, S.P. (General Commercial , Scenic Preservation Overlay) zone, located at 73-180 Hwy 111. Mr. Diaz reviewed the Resolution of Approval and conditions. He noted the applicant was not present. Chairman Miller opened the Public Hearing and asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. Commission agreed that Condition No. 4 was not enforceable, therefore, it was revised to read: "That there be one employee on the premises during the hours of operation. " ..w Motion was made by Commissioner Richards, seconded by Commissioner McLachlan to approve this case by adoption of Planning Commission Resolution No. 696, as revised. Carried unanimously (5-0). MINUTES PALM DESERT PLANNING COMMISSION APRIL 15, 1981 Page Three � * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. PUBLIi; HEARINGS (cont. ) C. Case Nos. C/Z 02-81, DP 02-81, DP 03-81, TT 15633, TT 15640, and PM 17474 - SUNRISE COMPANY and ENGINEERING SERVICE CORPORATION, Applicants Request for approval of (1) a Change of Zone from PC (2) SP and P (Public Institution) to PR-4 and PR-4, S.P. (2) a Development �lan for a 17,500 sq.ft. office building, (3) a Development Plan for a 1,650 unit condominium project with recreational facilities "� (4) and two Tentative Tract Maps for the 1,650 unit condominium project, and (5) a Parcel Map to create two (2) parcels. Mr. Sawa presented this case summarizing the staff report. He discussed the proposed Change of Zone and residential and commercial development plans. He noted staff's recommendation that applicant pay a $100/unit fee for fire protection facilities. Additionally, he reviewed the Tentative Tract Maps briefly discussing the required findings and justifications required to recommend approval to the City Council . Commissioner Richards asked for a clarification on the phasing of the golf course development, which Mr. Sawa explained. He also questioned the $100/unit fee. Mr. Diaz explained why staff felt it was necessary and noted that the developer agreed with this condition. There was discussion on how fees should be assessed equally to all developments outside of the 5 minute response area. It was agreed that an Ordinance should be adopted at a later date. Commissioner Berkey felt that an SP overlay should be added to the gas station located on the SW corner. Mr. Diaz agreed. Chairman Miller opened the Public Hearing and asked if the applicant wished to make a presentation. r..� MR. JACK CONLON, 41-500 Monterey, asked for,a clarification on the traffic signalization fee. Mr. McClellan, Director of Pub1ic Works, stated it would be $50 per unit. Mr. Diaz added that this fee is set by City Ordinance. Mr. Conlon explained the concept behind the phasing of the project. Commissioner McLachlan asked what the concept was for the gas station. Mr. Conlon explained that the gas station would be available for the membership and would be screened. Commissioner Kryder asked if it would be open to the public. Mr. Conlon replied that it might have to be. He noted that he concurred with the fees set for fire protection but concurred with the suggestion of adopting an Ordinance requiring fees for fire protection. He also explained that the existing overhead utilities on the south side of Country Club cannot be undergrounded according to Southern California Edison. He introduced Mr. Carl Garczynski to explain the process of water evaporation from lakes and grass. MR. CARL GARCZYNSKI, 44-728 Buckingham, Indio, explained why there is less evaporation from lakes than a comparable area of turf. MR. HARLEN GLEN, Registered Engineer, gave an example which illustrated the point made by Mr. Garczynski . "r Mr. Vogt, Fire Marshal , explained how he arrived at the $100/unit and felt that the developer should participate in the funding. He also explained that the location of the fire station, at the corner of Monterey and Country Club, would be joint with Rancho Mirage. Chairman Miller asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. MINUTES PALM OESERT PLANNING COMMISSION APRIL 15, 1981 Page Four * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. PUBLIC HEARINGS (cont. ) There was discussion regarding concerns over the gas station location and availability to the public as well as members. Mr. Diaz stated that since a Development Plan is required for the gas station details of the design and location could be reviewed then. Motion was made by Corranissioner Richards, seconded by Commissioner McLachlan, to recommend approval to the City Council of Case Nos. C/Z 02-81, TT 15633, and TT 15640, by adoption of Planning Comnission Resolution Nos. 697, 698 and 699; and ; approve Case Nos. DP 02-81, DP 03-81 and PM 17474 by Planning Commission Resolution � Nos. 700, 701 and 702, subject to conditions. Carried unanimously (5-0). A FIVE MINUTE RECESS WAS CALLED AT 4:00 P.M. - MEETING RECONVENED AT 4:05 P.M. COMMISSIONER MCLACHLAN WAS EXCUSED FROM THE MEETING. D. Case No. ZOA 04-81 - CITY OF PALM DESERT, Applicant Request for consideration of change in City parking requirements. Mr. Diaz presented this case reviewing the staff report and recommending approval . This item was discussed by Corranission and staff and because further study was necessary, it was decided to continue the matter to May 5, 1981. Motion was made by Comnissioner Richards, seconded by Commissioner Berkey, to continue this case to May 5, 1981, for further study. Carried unanimously (4-0). E. Case No. ZOA 05-81 - CITY OF PALM DESERT and RITTER AND ASSOCIATES, Applicants Mr. Sawa presented this case reviewing the request and stated that staff J would like a six month tr�al period to see how it worked in the Presidents' Plaza parking lot. f� Commissioner Kryder asked if staff observed any problems so far. Mr. Sawa noted that trash was being put on the ground around the bins. Motion was made by Corrmissioner Berkey, seconded by Commissioner Kryder, to continue this case for six months. Carried unanimously (4-0). F. Case No. ZOA 06-81 - CITY OF PALM DESERT, Applicant Request for modification of Time Extension Procedures. Mr. Diaz reviewed the staff report stating that the amendment would delete the requirement of a Public Hearing for time extensions. He noted that public input in the past had been very minimal . Staff suggested that future time exten- sions be handled as part of the consent calendar. Motion was made by Commissioner Richards, seconded by Commissioner Berkey, to approve this amendment by adoption of Planning Commission Resolution No. 703. Carried unanimousiy (4-Oj. VII. OLD BUSTNESS � A. Case No. GPA 01-80 (continued) - CITY OF PALM DESERT, Applicant This item was continued to the meeting of May 5, 1981. MINUTES PALM DESERT PLANNING COMMISSION APRIL 15, 1981 Page Five * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. NEW BUSINESS A. Mobile Homes - Zoning and Implementation of SB 1960. Mr. Dos Santos reviewed the staff report and the options available. Staff recommended option No. 3, which would redesignate areas currently zoned for Mobil Homes to Single Family Conventional and Mobile Home Residential . Commissioner Berkey asked what areas would be affected. Mr. Dos Santos � replied that there were two annexations presently zoned RM. Commissioner Berkey asked if there were any areas in the City that this would affect. Mr. Dos Santos replied all existing RM zones would be affected. Commissioner Berkey felt that legal counsel might be needed to insure that this procedure would be in compliance with the state law. Commissioner Kryder felt that the intent was to allow Mobile Homes on Single Family Residential lots. Mr. Diaz explained that while the Mobile Home Association might disagree, staff felt that Palm Desert already permits Mobile Homes in the City. Discussion continued regarding other available options and it was decided that option three, as recommended b.y staff, would meet the intent. Minute Motion was made by Commissioner Richards, seconded by Corrmissioner Berkey, to adopt option three. Carried unanimously (4-0). B. Request for initiation of a Zoning Ordinance Amendment to reduce property line setback for swimming pools. Mr. Diaz explained that Mr. Thomas G. Harris requested an amendment to allow 3 ft. setback between a swimming pool and a property l.ine. Mr. Hill , ""' Director of Building and Safety, gave reasons as to why he objected to this amend- ment. Therefore, staff recorr�nended denial . Minute Motion was made by Commissioner Richards, seconded by Commissioner Berkey, to deny this request. Carried unanimousiy (4-0) . IX. DESIGN REVIEW BOARD ITEMS Preliminary plan approvals by the Design Review Board at their meeting of April 7, 1981, requiring Planning Commission confirmation. A. Case No. 145 C: CROCKER NATTONAL BANK - Mr. Sawa presented this case stating that Des�gn Review Board reviewed and approved this request with conditions. He reviewed the location and the conditions and recommended approval . Motion was made by Commissioner Richards, seconded by Commissioner Berkey, to confirm the actions of the Board in this case, by adoption of Planning Cor►mission Resolution No. 704. Carried unanimously (4-0) . X. DISCUSSION ITEMS - NONE XI. ORAL COMMUNICATIONS - NONE ,,,,,, X I I. COMMENTS - NONE XIII. ADJOURNMENT Motion was made by Commissioner Richards, seconded by Commissioner Kryder, to adjourn the meeting at 5:10 P.M. Carried unanimously (4-0). '> ; , . : _ �,/ � •'� � ... ,�, � � ��,�l�- /� ATTEST: , RA ON A. DIAZ, Secre ary � ,�G��ti� CHA L N�Il�LE�, �i rman