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Home My WebLink About0929 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - SEPTEMBER 29 , 1981 7 :00 P .M . - CITY HALL COUNCIL CHAMBERS I . CALL TO ORDER Chairman Miller called the meeting to order at 7 :00 p.m. II . PLEDGE OF ALLEGIANCE - Commissioner Berkey w. III . ROLL CALL Members Present : Commissioner Berkey. Commissioner Kryder . Commissioner Richards Commissioner Wood Chairman Miller Staff Present: Ray Diaz , Director of Envir . Services Stan Sawa, Principal Planner Steve Smith , Associate Planner Phil Drell , Assistant Planner Linda Russell , Planning Secretary Others Present : Barry McClellan , Dir . of Public Works Eric Vogt , Fire Marshal IV . APPROVAL OF MINUTES: September 16 , 1981 Moved by Commissioner Wood , seconded by Commissioner Berkey, to approve the minutes as submitted. Carried 5-0. V . SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the items of the Council meeting of September 24 , 1981 . VI . CONSENT CALENDAR A . Preannexation zoning for the east 112 of the east 1 /2 of Section 32 . Moved by Commissioner Berkey, seconded by Commissioner Ric- hards, to set a hearing on November 3 , 1981 . Carried 5-0. VII . PUBLIC HEARINGS A . Case No . CUP 07-81 - GILANO DEVELOPMENT CO. , Applicants Request for approval of a Conditional Use Permit to allow construction of 13 condominium units on 1 .2 acres within the R-2 8 ,000 ( 4) S .P . zone loca- ted on Ryway Place 250 ft. north of Grapevine St. and ; Now B . Case No . TT 18165 - GILANO DEVELOPMENT CO. , Applicants Request for approval of a one lot Tentative Tract Map to allow construction of 13 condominium units on 1 .2 acres within the R-2 8 ,000 ( 4) S .P . zone , located on Ryway Place 250 ft. north of Grapevine St . At applicant ' s request and recommendation of staff it was moved by Richards , to continue this matter to November 3 , 1981 , at 7 :00 p.m. Carried 5-0 . 1 C. Case No. CUP 06-81 - DICK NICHOLS , Applicant Request for approval of a Conditional Use Permit to allow conversion of 848 square feet of floor area within an existing deli- catessen for sit-down restaurant and kitchen use , located at the northwest corner of San Pablo Avenue and Highway 111 . Mr. Drell reviewed the staff report and the conditions of approval . He noted two conditions to be added : No. 4. "The applicant shall remove the existing temporary paper sign and in the future shall comply with all laws and ordinances of the City of Palm Desert , County of Riverside and State of California. " No 5. "If the applicant requests additional permanent signage to identify the restaurant , a sign program covering the entire Hwy 111 frontage, must be submitted to the Department of Environmental Services for review. " Staff recommended approval . Chairman Miller opened the public hearing and asked for the applicant ' s testimony. MR. DICK NICHOLS , applicant, 73-460 Hwy 111 , stated he was represented by Attorney Robert Aryans and introduced him . MR. ROBERT ARYANS, asked for a clarification to a Condition relating to a future parking assessment district agreement. Mr. Drell explained that the parking lot at this location does not meet current requirements and therefore , if there is a future parking assessment district formed, the applicant will be required to join. low MR. EARL MORLEY , # 1 Lafayette, Rancho Mirage, the property owner stated that when the City changed the water flow along the side street , they assured him there would not be a parking problem. Mr. Aryans also requested that a period of 60 days be given to them for the temporary paper sign , which is already up. Chairman Miller asked if anyone else would like to speak in FAVOR or OPPOSITION to this case. There being none, the hearing was closed . "There was discussion on the temporary sign and it was stated by Mr. Diaz that if the sign is kept inside of the window, and limited to 5 sq. ft. it would be acceptable to allow a 60 days period maximum. Moved by Commissioner Richards , seconded by Commissioner Wood , to adopt findings as recommended by staff. Carried 5-0 . Moved by Commissioner Richards, seconded by Commissioner Wood, to approve conditional use permit 06-81 by adoption of Planning Commission Resolution No. 746 , subject to conditions. Carried 5-0. D . Case No . CUP 01-78 (Amendment) - CARLO VETRANO , Applicant Request for approval of an amendment to an existing Conditional Use Permit to allow the conversion of 480 sq . ft. of a delicatessen to restaurant use located at 74-063 Hwy 111 . Mr . Drell reviewed the staff report and recommended approval . Chairman Miller opened the public testimony and asked for the applicant ' s testimony . 2 MR. CARLO VETRANO , 6101 Montecito Circle, Palm Springs , ex- plained that he wants to provide a place for his customers to sit. He stated that his City license was issued as an "eating and drinking place" and not a "restaurant". He did not want to convert to restau- rant but according to state codes he would have to in order to provide seating for his customers. Commissioner Berkey asked staff for a definition of "restaurant" and "delicatessen" . Mr. Diaz explained the didfferences between state health and safety requirements and City zoning standards . Chairman Miller asked if anyone else would like to speak in FAVOR or OPPOSITION to this case. There was none; the public testimony was closed . Moved by Commissioner Berkey , seconded by Commissioner Kryder, to adopt findings as recommended by staff. Carried 5-0. Moved by Commissioner Berkey , seconded by Commissioner Kryder, to approve this case by adoption of Planning Commission Resolution No. 747 , subject to Conditions. Carried 5-0. E . Case No. C/Z 07-81- DAVID FREEDMAN , INC . , c/o LIONEL STEINBERG , Applicants Request for approval of a preannexation change of zone from W-2-20 ( Riverside County) to PR-5 (Planned Residential , 5 d . u . /acre) ( 300 acres) and PC (2) (Planned District Commercial Center) (20 acres) and a Negative Declaration of Envir- onmental Impact for 320 acres on property lo- cated at the future intersection of Frank Sin- atra Drive and Monterey Avenue . Mr . Sawa reviewed the staff report and recommended approval . Chairman Miller opened the public testimony and asked for the applicant' s testimony . MS. PATTY MARTIN , of Ballew-McFarland, and LIONEL STEINBERG , 57-800 Filmore St., Thermal, were present to answer any questions the Commission might have and agreed with staff' s recommendation. Chairman Miller asked if anyone else wished to speak in FAVOR or OPPOSITION to this case. There being none the public testimony was closed . Moved by Commissioner Wood, seconded by Commissioner Kryder, to adopt findings as recommended by staff. Carried 5-0. Moved by Commissioner Wood, seconded by Commissioner Kryder, to recommend approval to the City Council by adoption of Planning Commis- sion Resolution No. 748 , subject to conditions. Carried 5-0. F. Case No . PM 18142 - COOK STREET INDUSTRIAL PARK , Applicant Request for approval of a 3 lot Tentative Parcel Map for 6 .9 acres in the S .I . zone ( Service Ind- ustrial District) located on the east side of Green Way , approximately 260 ft . east of Cook St. Mr . Sawa reviewed the staff report and recommended approval . Commissioner Kryder asked if there would be a problem with the Fringed Toed Lizard in the area of this project and the previous 3 project (Steinberg). Mr. Diaz explained that although the Steinberg property is in the Fringed Toed Lizard area, that development and all others would have to submit an Environmental Report which would look into the Fringed Toed Lizard . Chairman Miller opened the public testimony . MR. CLIFF SWANSON , 43-409 Lacobia Drive , Bermuda Dunes , was present and stated he would answer any questions . Chairman Miller asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the hearing was closed . Moved by Commissioner Richards , seconded by Commissioner Berkey, to adopt findings as recommended by staff. Carried 5-0. Moved by Commissioner Richards , seconded by Commissioner Berkey , to approve a tentative parcel map by adoption of Planning Commission Resolution No. 749 , subject to conditions. Carried 5-0. VIII . DESIGN REVIEW BOARD ITEMS - NONE IX . MISCELLANEOUS ITEMS A . Determination of consistency with General Plan for the vacation of a portion of Deep Canyon Road , south of Covered Wagon Trail ; and , Toro Peak Road , south of Old Prospector Trail . Requested by VINTAGE PROPERTIES. Mr. Diaz stated that this matter would go to City Council for hearing after determination by Planning Commission . MR. CHRIS VAN FLEET , 74-285 Covered Wagon Trail , Project Manager , was present. Commission expressed concern over the Portola Dip and the relationship of Vintage Properties to this unresolved problem . Eric Vogt, Fire Marshal, asked Mr. Van Fleet how this vacation would affect the emergency access into Vintage Properties. Mr. Van Fleet assured him that they do plan to put in an emergency assess off of Deep Canyon. Staff, not being aware of this emergency access, requested the Commission to continue this matter for further study . Moved by Commissioner Richards, seconded by Commissioner Wood, to continue this matter to October 14 , 1981 . Carried 5-0. X . ORAL COMMUNICATIONS - NONE XI . COMMENTS Mr . Diaz indicated that it was time for the Planning Commission ' s annual election of officers. Nominations were opened by Commissioner Miller for the office of Chairman : Commissioner Wood nominated Commissioner Kryder , seconded by Commissioner Richards and carried unanimously for 1981-82 . Nominations were opened by Commissioner Miller for the office of Vice Chairman : Commissioner Berkey nominated Commissioner Richards, seconded by Commissioner Wood and carried unanimously for the year 1981-82 . Mr. Diaz noted that a new set of bylaws for the Planning._ Commission would be proposed in the near future. 4 Commissioner Kryder asked staff if the recommendation he made at the last meeting to make application for the Community Services District for water distribution improvements, would be carried out. Mr . Diaz assured him it would be considered by City Council . XII . ADJOURNMENT Motion was made by Commissioner Richards , seconded by Commissioner Wood , to adjourn the meeting at 8 :37 P.M. 4--�`RIMN A. DIAZ , Secretary ATTEST: GE7 KRYDER airman /1 .r 5