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HomeMy WebLinkAbout0105 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - JANUARY 5, 1982 7:00 P.M. - CITY HALL COUNCIL CHAMBERS � * � � � � � � � � � * * � � -� � � � � � � * � � � * � � � � � I. CALL TO ORDER Chairman Kryder called the meeting to order at 7:05 P.M. � II. PLEDGE OF ALLEGIANCE - Commissioner Wood III. ROLL CALL Members Present: Commissioner Crites Commissioner Miller Commissioner Richards Commissioner Wood 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: Eric Vogt, Fire Marshal Barry McClellan, Director of Public Works Frank Urrutia, Consultant IV. APPROVAL OF MINUTES: December 16, 1981 � Moved by Commissioner Wood, seconded by Commissioner Richards, to approve the minutes as submitted. Carried unanimously 5-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the actions of the Council from the meeting of December 17, 1981. VI. CONSENT CALENDAR A. DP 11-80 - KAUFMAN AND BROAD HOMES, INC. - Request for approval of a one year extension of time for a residential development plan to allow the construction of a 22 dwelling unit condominium project on 5 gross acres in the PR-5 zone (Planned Residential, 5 d.u./acre max. density) located at the southwest corner of Portola Avenue and Hovley Lane. Rec: Approve as presented. Motion was made by Commissioner Richards, seconded by Commissioner Wood, to approve the consent calendar recommendation. Carried unanimously 5-0. VII. PUBLIC HEARINGS �r... A. Case No. VAR 04-81 and PM 18392 - CGO ENTERPRISES AND R.F. SWEET AND ASSOCIATES, Applicants Request for approval of a Variance for reduction of minimum dwelling unit size and a Parcel Map to consolidate four lots into one lot, and a Negative Declaration of Environmental Impact in the R-3 (3) zone on -1- MINU1'ES PALM DESERT PLANNING COMMISSION JANUARY 5, 1982 .73 gross acres located at the northwest corner of Shadow Hills Road and Driftwood Drive. Mr. Sawa reviewed the staff report indicating that justification as submitted by the applicant did not justify approval for a Variance. Staff recommended approval of the Parcel Map. Chairman Kryder opened the public testimony and asked if the applicant cared to '� make a presentation. MR. CHARLES SWEET, 74-595 Peppertree, stated that the buildings would be rehabilitated to be consistent with the design and quality of the other neighboring buildings. He noted that Design Review Board approved this project. He also noted that there were 10 units, not 8 as specified by staff. Mr. Sweet explained that a Variance was being requested so that no code amendment would have to be made. Chairman Kryder asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the public testimony was closed. Commissioner Wood asked staff to clarify the points made by Mr. Sweet. Mr. Diaz replied that the plans submitted identified two new studio units. Mr. Diaz stated that a code amendment would be the proper tool to use being that no unusual circumstances exist to justify a Variance for smaller unit sizes than required. Commissioner Crites asked if the variances must relate to the site and not the size of the units. Mr. Diaz replied that a variance must be related to the site and not the structure. Commissioner Richards clarified to the applicant that Design Review Board, when approving these plans, approved only the design. Commissioner Wood stated that a City incorporates to strengthen City Ordinances, ""'� and when existing buildings are moved they must fall under existing codes. There was no testimony in opposition. Moved by Commissioner Wood, seconded by Commissioner Crites, to adopt findings as recommended by staff. Carried unanimously 5-0. Moved by Commissioner Wood, seconded by Commissioner Crites, to waive further reading and adopt Planning Commission Resolution No. 768, approving PM 18392 and a Negative Declaration of Environmental Impact. Carried unanimously 5-0. Moved by Commissioner Wood, seconded by Commissioner Crites, to waive further reading and adopt Planning Commission Resolution No. 769, denying VAR 04-81. Carried 4-1-0; Richards voting no. Motion was made by Commissioner Crites, seconded by Commissioner Miller, instructing staff to prepare an Ordinance allowing studio apartments and relocation of structures of substandard size without complying with existing unit size requirements. Carried unanimously 5-0. MR. ROLAND SWEET, representing the applicant, noted that this project could be an opportunity for affordable rentals in this area. Chairman Kryder explained to the applicant that this decision could be appealed to � the City Council. B. Case No. CUP OS-80 (Amendment), IGAL'S, A COFFEE HOUSE, Applicant Request for approval of an amendment to a Conditional Use Permit to allow a 1,000 sq.ft. expansion of an existing -2- MINUTES PALM DESERT PLANNING COMMISSION JANUARY 5, 1982 restaurant within the C-1, (General Commercial) zone located in the San Luis Rey Commercial Complex, 73-725 E1 Paseo. Mr. Drell presented this report and stated that staff had been monitoring the parking lot and found that it does not exceed 359b occupancy. Therefore, parking demands generated by the expanded restaurant would not have a detrimental effect on the parking situation within the complex. Staff recommended approval. � Chairman Kryder opened the public testimony and asked if the applicant cared to make a presentation. MR. AVNER ?OMER, representing the applicant, stated there would be no problems in meeting any City requirements and requested approval. There was no testimony in opposition. Moved by Commissioner Richards, seconded by Commissioner Crites, to adopt findings as recommended by staff. Carried unanimously 5-0. Moved by Commissioner Richards, seconded by Commissioner Wood, to waive further reading and adopt Planning Commission Resolution No. 770, approving an amendment to CUP 08-80. Carried unanimously 5-0. C. Case No. CUP 11-81 - CITY OF PALM DESERT, Applicant Request for approval of a Conditional Use Permit and a Negative Declaration of Environmental Impact to allow construction of a public sports complex on 17 acres within the P, N (Public/Institutional, Natural Factors) zone located on the west side of Cook Street, south of the Whitewater Storm Channel. � Mr. Drell reviewed the staff report and in describing the location noted that this site would be leased from the Desert Sands School District. He also noted that a Coachella Valley Water District sewage pumping station is located directly east of the site across Cook Street, and odors are sometimes evident when the winds blow from the east. A "scrubber" at the pumping station removes the odors when functioning properly. Mr. Drell described the facility and indicated design alternatives were available. Staff recommended approval and that Commission make a recommendation to City Council that the pumping station odor problem be resolved prior to construction of the project. Mr. Frank Urrutia, Project Consultant, reviewed three alternative plans; in describing the plans, he stated that the major difference (in terms of cost) was lighting. He also stated that parking facilities for 113 vehicles would be provided initially with possible expansion to provide an added 60 spaces. Commissioner Crites asked if comparable savings could occur in plan ��2 if cost reductions were used as in plan ��1. Mr. Urrutia replied that some costs could be reduced but not totally. Commissioner Richards asked if discussion occurred regarding any need for additional open space for a school if a school is built on that site. Mr. Urrutia replied that a Master Plan was developed with the possibility of a high school being built; with 15 acres for the sports complex and the remaining acres for the high school, which does accommodate a school that would include swimming pool, football field, etc. �"" Chairman Kryder opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION to this case. MR. DEAN COLE, 72-740 Eagle, expressed concern for a possible shortage of parking. Mr. Urrutia explained that with four baseball diamonds it would accommodate 80 cars easily. Currently, the plan provides for 113 cars and in the future it will -3- MINUTES PALM DESERT PLANNING COMMISSION JANUARY 5, 1982 accommodate a total of 173. MR. DAVID MITCHELL, Box 833, Indio, owner of the property west of the project and expressed concern with the possibility of kids cutting across their ranch. Because they will be putting their property up for sale in the near future, he felt they might have a problem selling because of the lights, noise, vandalism, etc. from this project. He also asked if a fence would be installed all around the park. � It was noted by Chairman Kryder that a 6 ft. chain link fence would be installed. Commissioner Crites asked staff if there would be a spill-over of lighting on other adjacent properties. Mr. Urrutia explained that the intended use for this site was for a potential school and any school facility would have some spill-over. He explained what type of lighting would be used noting that it would not be as intense as other lighting systems. After furthee discussion regarding possible light spill-over, Mr. Diaz concluded that lighting would not be that extensive and in the future any residential subdivisions developed adjacent to this project, would take care of any potential impacts. MRS. ROBERSON, adjacent property owner, Sacramento, was also concerned with security provisions. She was assured that a fence would be constructed around the perimeter of this project with locked gates at two entrances. Commissioner Wood asked if there would be buffer landscaping around the park and noted that if scheme ��2 was used, the baseball diamonds would be centrally located, therefore, keeping activity away from the perimeter. Mr. Urrutia replied that plans do show planting around the park. MR. GEORGE WILLIAMS, 45-071 Park St., Indio, representing an organization called "Coalation for Better Education for Everyone" (CBEE), stated that this organization had issues that would impact any decisions to be made. He distributed ,,,� documents to the Planning Commission which explained the organization's goals. One of the major goals, as indicated by Mr. Williams, is to put a moratorium of all construction on the Cook Street site; they believe that it is not a good location for a high school and listed reasons. He stressed that any decisions made should not be on the premise that a high school will be built at that site. Mr. Diaz explained that staff's recommendation was not based on a potential school adjacent to this project, but the appropriateness of this site for a sports complex. MR. CHARLES TRIPP, President of the Palm Desert Youth Organization, stressed the need for this type of facility and expressed encouragement to proceed with the project. He recommended scheme ��2. MR. RICHARD CLARK, Board Member for the Youth Organization, stated that a night lighted facility was very badly needed. MR. FREDERICK THON, suggested the possibility of an admissions fee to be used for maintenance. Chairman Kryder closed the public testimony and asked for additional Commission comments. Commissioner Richards indicated that he felt the staff report was inadequate in terms of addressing related parking, lighting and odor issues. However, he was in favor of the project. � Commission was also concerned with the problem of odors from the pumping station, therefore, it was agreed to amend draft Resolution, adding under NOW, THEREFORE, .... "(3) That the Planning Commission recommend to the City Council Site Plan ��2, as identified in the Consultant's report dated November 11, 1981. (4) That any potential odor problems be resolved prior to any construction on the site to City Council's satisfaction." Change No. 3 to No. 5. -4- MINU'fES PALM DESERT PLANNING COMMISSION JANUARY 5, 1982 Moved by Commissioner Wood, seconded by Commissioner Miller, to adopt findings as recommended by staff. Carried unanimously 5-0. Moved by Commissioner Wood, seconded by Commissioner Miller, to waive further reading and adopt Planning Commission Resolution No. 771, as amended, approving CUP 11-81 and a Negative Declaration of Environmental Impact. Carried unanimously 5-0. �w CHAIRMAN KRYDER CALLED A 10 MINUTE RECESS - MEETING RECONVENED AT 9:05 P.M. D. Case No. ZOA OS-81 - CITY OF PALM DESERT, Applicants Consideration of a Zoning Ordinance Amendment pertaining to trash handling alternatives. Mr. Joy reviewed the staff report noting that this matter was continued for a period of 6 months in order to give staff an opportunity to study the new design in the President's Plaza. Staff recommended allowing the placement of a trash bin in a concrete pit as an alternative to a trash enclosure. Chairman Kryder stated that previously it was found that trash had been thrown around the pit and asked if this was still a problem. Mr. Joy replied that the problem had been resolved. Commissioner Crites asked for comments from the Disposal Service. Mr. Joy stated that the Disposal Service identified problems with cars being parked so that bins could not be easily reached in President's Plaza. Therefore, approval from the Disposal Service on the placement of all trash bins would be required to avoid this problem. � Commissioner Wood asked how construction of the pits would occur. Mr. Diaz replied that they would probably be constructed as development occurs. 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 Richards, seconded by Commissioner Wood, to adopt findings as recommended by staff. Carried unanimously 5-0. Moved by Commissioner Richards, seconded by Commissioner Wood, to waive further reading and adopt Planning Commission Resolution No. 772, recommending approval of ZOA OS-81. Carried unanimously 5-0. E. Case No. CUP OS-81 - LEONARD GREGORY ET AL, Applicants Request for approval of an amendment to an existing Conditional Use Permit to allow for temporary storage of landscaping supplies, (not including toxic chemicals or offensive materials) within the R-3 zone located at 74-070 Alessandro Drive. Rec: �,,.,, Continue request to the meeting of 7anuary 19, 1982, at 2:00 p.m. Minute Motion was made by Commissioner Crites, seconded by Commissioner Richards, to continue this request to the meeting of January 19, 1982. Carried unanimously 5-0. -5- MINUTES PALM DESERT PLANNING COMMISSION JANUARY 5, 1982 VIII. DESIGN REVIEW BOARD ITEMS Preliminary plan approvals by the Design Review Board at its meeting of November 10, 1981, requiring Planning Commission confirmation. A. Case No. 226 MF - CGO ENTERPRISES - Request for preliminary approval of plans for a 10 unit apartment complex at the northwest corner of Driftwood Avenue and Shadow Hills Road. � Moved by Commissioner Wood, seconded by Commissioner Crites, to approve the Design Review Board actions by adoption of Planning Commission Resolution No. 773. Carried unanimously 5-0. IX. MISCELLANEOUS ITEMS - NONE X. ORAL COMMUNICATIONS - NONE XI. COMMENTS - NONE XII. ADJOURNMENT Moved by Commissioner Wood, seconded by Commissioner Miller, to adjourn the meeting at 9:25 P.M. Carried unanimously 5-0. � � RAY D Z, Sec ary ATTEST: � �.� GEOR D. KRYD , hairman /lr � -6-