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HomeMy WebLinkAbout1103 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - NOVEMBER 3, 1981 7:00 P.M. - CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Chairman Kryder called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Commissioner Miller III. ROLL CALL Members Present: Commissioner Crites mom Commissioner Richards Commissioner Wood Commissioner Miller Chairman Kryder Staff Present: Ray Diaz, Director of Environmental Services Stan Sawa, Principal Planner Steve Smith, Associate Planner Phil Drell, Assistant Planner Phil Joy, Assistant Planner Linda Russell, Planning Secretary Others Present: Barry McClellan, Director of Public Works IV. APPROVAL OF MINUTES: October 14, 1981 Approved as submitted. Carried unanimously. V. SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the actions of the Council for the meeting of October 22, 1981. AT THIS TIME MISCELLANEOUS ITEMS (IV) OF THE AGENDA WERE PRESENTED. %NW A Resolution of the Planning Commission of the City of Palm Desert, commending George Berkey for his service to the City of Palm Desert. Planning Commission Resolution No. 752, commending George Berkey, was unanimously approved. VI. CONSENT CALENDAR - NONE VII. PUBLIC HEARINGS A. Continued Case Nos. CUP 07-81 and TT 18165 - GILANO DEVELOPMENT COMPANY, Applicant Request for approval of a Conditional Use Permit, one lot Tentative Tract Map and Negative Declaration of Environmental Impact to allow construction of 13 condominium units on 1.228 acres within the R-2 8000 (4) S.P. (Single Family Residential, 8000 sq.ft. minimum lot size, one unit per 4000 sq.ft. of lot area, Scenic Preservation Overlay) zone, located on Ryway Place, 250 feet north of Grapevine Street. Mr. Sawa presented the staff report indicating that this project was located in the AO-2 flood zone. He, therefore, asked Mr. McClellan, Public Works Director, to give a ... brief presentation. Mr. McClellan explained that a Flood Hazard Report had been submitted and indicated that the finished grade for this project was only 6" higher than would be required by Ordinance if the property was not in a flood zone. He also pointed out that drainage studies made indicated that the water runoff would run towards Burroweed. Mr. Sawa noted that letters had been received in favor and opposition. Staff recommmended approval. Chairman Kryder opened the public testimony and asked for the applicant's testimony. -1- MINUTES NOVEMBER 3, 1981 CAL WOOLSEY, Civil Engineer, 17891 Skypark Circle, Irvine, stated he met with staff several times and restudied the project because of several concerns made. He explained that the intent is to develop the site and enhance the neighborhood. He described the project and felt that it would solve some problems. He also pointed out that flood improvements would be made for that area. JIM CARNELL, 46-329 Burroweed Lane, stated there were three concerns that he and his neighbors had: flood control, noise and the block wall facing residents, but these concerns have been resolved and he felt that the project was well planned. MS. MARJORIE HARTNET, stated she had a letter from Miss Morehouse of Grapevine, who objects to the project and asked about the height of the block wall on the west side. Mr. Sawa replied that he believed there would be 2 feet of block and 2 feet of wrought iron. Mr. Woolsey explained that currently they are proposing a low 2 feet wall with some wrought iron to give views of the golf course. MR. MATTER, 46-460 Ryway, felt that the project would create traffic impact, parking problem, high density and flooding. MR. PAUL DIGO, 73-362 Grapevine, felt that the height of the building was too high (19 feet). Mr. Woolsey, in his rebuttal, stated that the project provides 2-car garages and would not create a traffic problem. He explained that traffic lighting would be required; dust would be eliminated; and, flooding would be minimized. In terms of building height, they are within the maximum allowed per City Ordinance. MS. MITZY BISSON, of Walker & Lee, read a letter from Hazel Bell of Burroweed, which stated that she was confident that the development would be built to be compatible with existing development. Ms. Bisson also felt that the project would benefit senior citizens and was in favor. Chairman Kryder closed the public testimony. Commissioner Crites pointed out that if one unit had a large amount of guest at one time, which could use up all of the seven parking spaces provided per building, then it .�.r would create a parking problem. Commissioner Miller asked for a clarification of the building height. Mr. Sawa explained that the maximum building height (on the garage side) from existing grade would be 19 1/2 feet. Commissioner Richards felt the project was well studied and the only major problem was the block wall facing existing residents, but this was justified. Commissioner Wood asked staff if consideration was made in lighting or signalizing Ryway. Mr. Diaz felt it could be dangerous to install a stop sign there and street lighting could be provided if the residents petitioned for this. He also pointed out that off-street parking per code was being provided where many of the existing developments do not provide it. Commissioner Wood also suggested that a condition be imposed requiring the applicant to provide landscaping along the north property wall. Mr. Diaz explained that Design Review Board would consider this. Mr. Woolsey did not object. It was moved by Commissioner Richards, seconded by Commissioner Miller, to adopt findings as recommended by staff. Carried unanimously. Moved by Commissioner Richards, seconded by Commissioner Miller, to adopt Planning Commission Resolution No. 753, approving Conditional Use Permit 07-81, subject to conditions. Carried unanimously. Moved by Commissioner Richards, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 754, recommending approval to the City Council of Tentative Tract Map 18165, subject to conditions. Carried unanimously. B. Case No. CUP 09-81 - RENAISSANCE LAND COMPANY, Applicant Request for approval of a Conditional Use Permit to allow -2- MINUTES NOVEMBER 3, 1981 the construction and operation of a radio studio and office on a 16,000 square foot lot within the R-1 12,000 (single Family Residential, 12,000 square foot lot minimum) zone located at the southeast corner of Acacia Drive and Park View Drive. Mr. Sawa reviewed the staff report and conditions of approval, noting Condition No. 19 was changed to read: "Complete improvement plans and specifications shall be submitted as required by ordinance to the Director Public Works for checking and approval before construction of any improvements is commenced. The applicant shall submit "as-built" street improvement plans prior to acceptance of street improvements by the City." He also made changes to Conditions 9, 16, and 17 deleting the word "sidewalk". raw" Staff recommended approval. Commissioner Crites asked why the sidewalk on Acacia was being eliminated. Mr. Sawa replied because the policy is generally not to require sidewalks in single family areas unless large subdivisions are developed. Chairman Kryder opened the public testimony and asked for the applicant's testimony. MR. PAUL POSSEN, 82-231 Johnson Drive, Indio, stated that they were providing Palm Desert with its first FM radio station and believed it would add a new cultural dimension to the City and explained why he felt the location was appropriate. Mr. Possen pointed out that they will have, in addition to their regular FM antenna, a microwave transmitting antenna (appx. 4 ft. in height) which would be located at the center of the roof. He reviewed the conditions of approval and asked for Condition No. 8 to be waived, explaining that undergrounding the existing poles and lines would be costly. Commissioner Wood asked if they were using one or two antennas. Mr. Possen replied that one was a regular antenna as used in a single family home, and the other was a 4 to 4 1/2 ft. tall antenna for transmitting. Commissioner Kryder asked if there was anything that could be used to cover the antenna. Mr. Possen replied he could look into it. Commissioner Miller agreed that undergrounding the utility poles would be too much of a burden on the applicant. Mr. Diaz stated that staff would be agreeable to waive the undergrounding and amended Condition No. 8: "An agreement shall be recorded guaranteeing that the property will voluntarily be a part of any undergrounding district which is subsequently established by the City including the property in question." Commissioner Wood asked for a clarification on the locations of the sidewalks if if they were still required. Mr. McClellan explained that in order to keep a continuity with other residential areas, a sidewalk was not being required on Acacia or Park View Drive. Mr. Possen asked about Condition No. 18, which requires traffic safety lighting. Mr. McClellan stated that street lighting, if it's warranted, would cost approximately $275.00 each. Commission expressed a concern for the antennas and after considerable discussion and review of the ordinance, it was agreed to delete Condition No. 13. Chairman Kryder opened the public testimony and asked if anyone wished to speak in Favor or Opposition to this case. There being none, the public testimony was closed. Commissioner Richards felt that because of the location residential development may not occur and therefore was in favor of approving the radio station. Commissioner Kryder felt that the site plan was poorly done and did not want to r.. approve this case until there was a clearer plan of how it would be designed. Mr. Diaz explained that Planning Commission wouuld still have final approval of the architecture after Design Review Board's actions. After further discussion Commissioner Crites pointed out that this approval would be for the concept of the project, including the conditions; if conditions were not met, then the project could not be built. Commissioner Kryder was particularly concerned with a commercial building being -3- MINUTES NOVEMBER 3, 1981 built on an R-1 zone. Commissioner Miller concurred with his concern stating that they would be setting a precedent. Commissioner Crites asked staff if the Church and KMIR station across from this proposed development were zoned R-1 prior to developing. Mr. Diaz replied that they were zoned Planned Residential. Moved by Commissioner Wood, seconded by Commissioner Richards, to adopt findings as recommended by staff. Carried 4-1 (NAY: KRYDER). Moved by Commissioner Wood, seconded by Commissioner Richards, to adopt Planning Commission Resolution No. 755, approving Conditional Use Permit 09-81, as amended, subject to conditions. Carried 4-1 (NAY: KRYDER). THERE WAS A 10 MINUTE RECESS - MEETING RECONVENED AT 9:15 P.M. C. Case No. ZOA 12-81 - CITY OF PALM DESERT, Applicant Consideration of an Amendment to the Palm Desert Zoning Ordinance establishing a Planned Community Development and Planned Residential Development Overlay Zones. Mr. Diaz reviewed the proposed amendment and recommended approval. Chairman Kryder opened the public testimony and asked if anyone present wished to speak in Favor or Opposition to this case. There being none, the public testimony was closed. Moved by Commissioner Richards, seconded by Commissioner Crites, to adopt Planning Commission Resolution No. 756, recommending approval to the City Council. Carried unanimously. D. Case No. ZOA 13-81 - CITY OF PALM DESERT, Applicant moo Consideration of an Amendment to Section 25.58.035 of the Municipal Code to allow buildings fronting upon President's Plaza East and West to expand one story to the sidewalk. Mr. Drell reviewed the proposed amendment and recommended approval. Chairman Kryder opened the public testimony and asked if anyone wished to speak in Favor or Opposition to this case. There being none, the public testimony was closed. Moved by Commissioner Woods, seconded by Commissioner Crites, to adopt Planning Commission Resolution No. 757, recommending approval to the City Council. Carried unanimously. E. Case No. ZOA 14-81 - CITY OF PALM DESERT, Applicant Consideration of an Amendment to Palm Desert Municipal Code, Chapter 3.28 (Transient Occupancy Tax) and adding Chapter 25.100 (Time-Sharing). Mr. Smith reviewed the staff report noting that this matter (time-share) had been subject to a moratorium and would expire November 5, 1981. He stated that according to Mid the City Attorney this type of use cannot be prohibited. Mr. Smith pointed out that time- sharing would only be permitted in zones in which hotels are permitted. Staff recommended approval. Commissioner Richards stated that because there were no options, he was in favor. Commissioner Wood stated that he was a member of the City Time-Share Committee and that Committee has reviewed the matter and recommended approval. -4- MINUTES NOVEMBER 3, 1981 Chairman Kryder opened the public testimony and asked if anyone wished to speak in Favor or Opposition to this case. MR. BERNARD SOLOMON, 73-185 Irontree, stated he was presently an owner of time-share property and spoke in favor, but stressed the importance of having a hotel tied in for better management. He also pointed out that the method of calculating rental value for the purposes of transient occupancy tax should be the same for Right to Use (RTU) time-shares, as it is for fee simple time-share ownership. In determining rental value, only the purchase price and the maintenance costs should be included. Other costs such as furniture replacement, should not be improved. The method of collecting the transient occupancy tax and transmitting it to the City should be handled through the r.,.� hotel. Chairman Kryder closed the public testimony. Mr. Smith explained that the reason different formulas were used for RTU and Fee owners was because given two equal time-share developments, if one were sold on a right to use basis and the other on fee simple basis, the fee simple development would, in most instances, have a higher selling price. Therefore, the longer period of years to be used to establish rental value is felt to be valid. Total maintenance costs including furniture replacement and other items are valid inclusions in determining rental value because, were this a hotel, the room rate would be increased to compensate for these improvements. This is in keeping with the City's policy of treating time-share as it would a hotel development. There was some discussion on the Bed Tax formula on whether to use one formula or calculate the fees as suggested by Mr. Solomon. Commissioner Richards felt that since this was a new process, this should be kept as proposed and reviewed after a certain time period. Mr. Diaz felt that a formula was needed and suggested that a recommendation be made to keep the formula as proposed, then after the first time-share project, it should be studied. Commissioner Richards concurred and pointed out a time period should be specified in the Ordinance and it should note that changes can be made. After further discussion it was agreed to instruct staff to report to City Council, Planning Commission concerns on this matter. Moved by Commissioner Wood, seconded by Commissioner Crites, to adopt Planning Commission Resolution No. 758, as submitted, with recommendation to City Council that concerns expressed by Planning Commission be considered. Carried 4-1 (NAY: RICHARDS). F. Case No. ZOA 15-81 - CITY OF PALM DESERT, Applicant Consideration of an amendment to Municipal Code, Chapter 25.30.240, Subsection F, concerning maximum building height in the PC (4) Zone. Mr. Joy reviewed the proposed amendment and recommended approval. Commissioner Wood asked if this would impact anyone's view or aesthetics. Mr. Diaz replied that Design Review Board would make sure it did not. Chairman Kryder opened the public testimony and asked if anyone wished to speak in Favor or Opposition to this case. r. MR. BERNARD SOLOMON, explained that a gable roof raises the height of a building to 34 feet, and in the instance of his proposed project, Granada Royale Hometel, a gable roof would better suit the project rather than a mansard roof. He explained the difference in a flat roof compared to a gable roof, stressing that there would be a greater risk of leakage in a flat roof. Chairman Kryder closed the public testimony. Moved by Commissioner Wood, seconded by Commissioner Richards, to adopt Planning Commission Resolution No. 759, recommending approval to the City Council of -5- MINUTES NOVEMBER 3, 1981 this amendment. Carried unanimously. G. Case No. C/Z 10-81 - CITY OF PALM DESERT, Applicant Consideration of a request for a preannexation Change of Zone from W-2-20 (Riverside County) to PR-5 (Planned Residential 5 d.u./acre) for 160 acres located at the northwest corner of Portola Avenue (future) and Frank Sinatra Drive (future). Mr. Drell reviewed the staff report and recommended approval. Chairman Kryder opened the public testimony and asked if anyone wished to speak in Favor or Opposition to this case. There being none, the hearing was closed. Moved by Commissioner Miller, seconded by Commissioner Crites, to adopt Planning Commission Resolution No. 760, approving C/Z 10-81. Carried unanimously. VIII. DESIGN REVIEW BOARD ITEMS Preliminary plan approvals by the Design Review Board at its meeting of October 27, 1981, requiring Planning Commission confirmation. Case No. 157 C - PALMS TO PINES WEST, PHASE II. Moved by Commissioner Richards, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 761, approving Design Review Board's actions. Carried unanimously. X. ORAL COMMUNICATIONS i MR TIM JOHNSON, 43-101 Portola, expressed his opposition to any developments with sunken garages because of possible flood problems. MR. BERNARD SOLOMON, 3140 East Willow, Long Beach, also expressed his opinions on the above matter. XI. COMMENTS - NONE XII. ADJOURNMENT Moved by Commissioner Richards, seconded by Commissioner Wood, to adjourn the meeting at 10:10 P.M. yz,t--ram . A N A. DIAZ, Secretary ATTEST: Z-,, Y• GEORCA D. KRYDER Opirman /lr Nod -6-