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Home My WebLink About0406 MINU'TES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - APRIL 6, 1982 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 Commissioner Miller Commissioner Richards Commissioner Wood Chairman Kryder Staff Present: Ray Diaz, Director of Environmental Services Stan Sawa, Principal Planner Linda Russell, Planning Secretary Others Present: Barry McClellan, Director of Public Works Eric Vogt, Fire Marshal IV. APPROVAL OF MINUTES: March 16, 1982 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 for the meeting of March 25, 1982. � VI. CONSENT CALENDAR All matters listed on the Consent Calendar are considered to be routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the Planning Commission or audience request specific items be removed from the Consent Calendar for separate discussion and action. A. TT 14999 AND INITIATION OF A CHANGE OF ZONE, WESTSIDE ENTERPRISES - Request for •a one year time extension and initiation of a Change of Zone from R-2, 8,000 to R-1, also known as Skyward Place. Rec: Continue time extension and initiate Change of Zone. B. TT 14996, MACK DEVELOPMENT - Request for approval of a one year time extension. Rec: Approve as presented. C. TT 17148, NOE-1ACK - Request for approval of an eighteen month time extension. Rec: Approve as presented. D, DP 04-80 AND 204 MF, J.M. PETERS - Request for approval of a one year �"` time extension. Rec: Approve as presented. Moved by Commissioner Wood, seconded by Commissioner Crites, to approve the consent items as recommended by staff. Carried unanimously 5-0. VII. PUBLIC HEARINGS: MINUTES PALM DESERT PLANNING COMMISSION APRIL 6, 1982 A. CASE NOS. DP 01-82, AD1 01-82 and 164 C - ROY WILLIAM CARYER, ApQlicant Request for approval of a Development Plan, Adjustment for parking, preliminary Design Review case and Negative Declaration of Environmental Impact to allow construction of a 92,215 sq.ft. commercial shopping center in #he PC (2) zone (District Commercial Center) at the southeast corner of Monterey Avenue and Country Club Drive. '�` In reviewing the staff report, Mr. Sawa stated that only Buildings A,B,C are being proposed presently and the architectural plans still need to be submitted for buildings D,E,F, and G. He stated that Design Review Board approved these plans with some requirements. Staff felt the setbacks for the buildings adjacent to Country Club Drive should be 20 feet as required by code. One of the major concerns expressed by staff was mitigation of noise levels. The noise study submitted by the applicant indicated that the major offender would be the delivery trucks. Staff felt that if newer model trucks were used the noise could be reduced. Staff also suggested that the project be redesigned to mitigate the noise impacts, noting several methods that could be used. The following were recommended options for Commission action: (1) Approve project, with mitigation of noise as condition and have staff review revised plans; (2) Approve project, with mitigation of noise as condition, with plan reviewed by Commission at a non-public hearing; and, (3) Continue request and have applicant redesign project to mitigate noise before approval. Staff recommended option No. 2. Commissioner Richards asked how the City could regulate the age of the delivery trucks. Mr. Diaz explained that if there were any complaints they would look into this and also Condition No 19 states that the market operator agrees to abide by the conditions of approval. Mr. Diaz added that Condition No. 21 be added to read: "Only delivery diesel trucks built aft�r 1974 shall be used." Commissioner Richards felt that this condition could not be regulated through the market operator since a lot of the trucks would be from independent vendors. � Chairman Kryder opened the public hearing and asked if the applicant wished to make a presentation. MR. BERNIE LEUNG, Architect, explained that in the matter of noise impacts it should depend on what the criteria for the level of sound is. He stated that that criteria can be met. He asked if all other developments would have to meet these same noise levels. MR. CHRIS EMA, of VTN Engineering Co. for McBail, reviewed the noise study report which indicated there would only be a total of 10 impacts per week. At this point Commissioner Wood asked if the developer had agreed with all the conditions of the proposed Resolution. Mr. Leung replied affirmative. MR. MIKE GALLAGHER, of McBail Co., pointed out that this property was subdivided and zoned for commercial in 1978. He contacted four property owners fronting the back of the market and three have signed an agreement stating that they were aware that landscaping on both sides of the block wall would be provided to screen the market building and that a commercial shopping center was to be located at the site. Commissioner Crites asked what the probable reduction level would be after all the proposed changes are made. Mr. Ema replied that for every foot of height added to the block wall it reduces approximately 1 dB. Chairman Kryder asked if there was anyone present who wished to speak in FAVOR ""'� or OPPOSITION to this case. MR. ALIBABA FRAZANEH, property owner adjacent to the market, stated he would not sign an agreement because he has a wife who is very ill and felt that the �oise impact would be very disturbing. -2- MINUTES PALM DESERT PLANNIN� COMMISSISJN APRIL 6, 1982 MR. DENVER JOHNSTONE, 40-329 Sagewood, stated that when the agreement was signed he assumed the setback from the rnarket to the residence would be the normal required by code and not less. Mr. Diaz explained that if the setback was set at the normal 40 ft. then consequently the market would have to be moved towards Country Club Drive and the parking area to the back, which means greater noise impact would be created to the residence from the cars in the parking lot. He also stated that the building would not act as a buffer as presently proposed. �+ Chairman Kryder closed the public hearing. 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. 788, approving DP O1-82, ADJ O1- 82 and 164 C, subject to amended conditions. Carried unanimously 5-0. (Note: a condition included states that the project will be redesigned to mitigate the noise levels, and revised plans to be reviewed by Planning Commission prior to submission of final constr�ction drawings). B. CASE NO. CUP 03-82 - MARIO LALLI, Applicant Request for approval of a CUP to allow conversion of a bank into a 150 seat restaurant in the C-1, S.P. (General Commercial, Scenic Preservation Overlay) located at the southeast corner of San Luis Rey Avenue and Palm Desert Drive. Mr. Diaz reviewed the staff report and recommended approval with conditions that valet parking be prohibited and addi#ional landscaping be added. � Chairman Kryder opened the Public Hearing and asked if the applicant wished to make a presentation. The applicant was present and agreed to the conditions set by staff. Chairman Kryder asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. MR. CHARLES RILEY, Manager of the building, felt that it would benefit the City and requested approval. Chairman Kryder closed the Public Hearing. Chairman Kryder asked why staff was recommending that valet parking be prohibited. Mr. Diaz responded that it would eliminate conflicts due to proximity of the Presidents' Plaza parking lot and frontage road. Moved by Commissioner Miller, seconded by Commissioner Richards, 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 Pianning Commission Resolution No. 789, approving CUP 03-82, subject to conditions. Carried unanimously 5-0. C. CASE NO. TT 18495 - DAi1yIE CONSTRUCTION COMPANY, Applicant �"' Request for approval of a three lot subdivision to allow the construction of two condominium units in the PR-5 zone located on the south side of Camino Arroyo North, west of Joya Drive; categorically exempt previously assessed for CEQA purposes. Mr. Diaz reviewed the staff report and recommended approval. Chairman Kryder opened the Public Hearing and asked if the applicant wished to make a presentation. -3- MINUTES PALM DESERT PLANNING COMMISSION APRIL 6, 1982 The applicant was not present. Chairman Kryder asked if anyone present wished to speak in FAYOR or OPPOSITION to this case. There being none, the Public Hearing 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. 790, approving TT 18495, subject to conditions. Carried unanimously 5-0. D. CASE NO. C/Z 03-82 - CHARLES E. MILLER, Applicant (Commissioner Miller was excused from this case due to a conflict of interest) Request for approval of a Change of Zone from R-1 (Single Family Residential) to O.P. (Office Professional) and a Negative Declaration of Environmental Impact for property located at the northeast corner of Larrea Street and Lantana Avenue. Mr. Diaz reviewed the staff report and noted that previously the Planning Commission denied a request for a Change of Zone to this property because rezoning to C-1 for an unspecified use was not desirable. The applicant now wishes to have the property rezoned to O.P. in order to convert the existing residence to an office use. Letters have been received in favor and one in opposition. Staff recommended approval. .� Chairman Kryder opened the Public Hearing and asked if the applicant wished to make a presentation. The applicant was present. Chairman Kryder asked if anyone wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. Moved by Commissioner Wood, seconded by Commissioner Richards, to adopt reasons for change of zone as recommended by staff. Carried 4-0, with Commissioner Miller abstaining. Moved by Commissioner Richards, seconded by Commissioner Wood, to waive further reading and adopt Planning Commission Resolution No. 791, recommending approval of C/Z 03-82 to the City Council. Carried 4-0, with Commissioner Miller abstaining. VIII. DESIGN REVIEW BOARD ITEMS Preliminary plan approvals by the Design Review Board at its meeting of March 23, 1982, requiring Planning Commission confirmation. A. 166 C - BULLOCKS DEPARTMENT STORE - Preliminary approval of plans for a 115,000 square foot department store building in the Palm Desert Town Center on Highway 111. �r B. 167 C - J.C. PENNEY COMPANY, INC. - Preliminary approval of plans for a 90,000 square foot department store building in the Palm Desert Town Center on Highway 111. Moved by Commissioner Crites, seconded by Commissioner Richards, to approve Design Review Board's actions by adoption of Planning Commission Resolution No. 792. Carried unanimousl� 5-0. -4- MINUTES PALM DESERT PLANNING COMMISSION APRIL 6, 1982 IX. MISCELLANEOUS ITEMS A. Proposed revisions to General Provisions Section. Moved by Commissioner Wood, seconded by Commissioner Richards, to continue this item to the meeting of April 20, 1982, for further discussion. Carried unanimously 5-0. `'�""" B. Zoning Ordinance Amendment relating to Time Extensions. Moved by Commissioner Wood, seconded by Commissioner Richards, to instruct staff to proceed with Zoning Ordinance Amendment. Carried unanimously 5-0. C. Zoning Ordinance Amendment relating to Nonconforming Uses. Moved by Commissioner Wood, seconded by Commissioner Richards, to instruct staff to proceed with Zoning Ordinance Amendment. Carried unanimously 5-0. X. ORAL COMMUNICATIONS - NONE XI. COMMEN3'S Commissioner Richards inquired when the Portola Dip would be repaired. Mr. McClellan replied that it would be determined at the budget sessions. XII. ADJOURNMENT Moved by Commissioner Kryder, seconded by Commissioner Crites, to adjourn the '�"'' meeting at 8:40 p.m. Carried unanimously 5-0. /lr . - �, o�,. AMON . DIAZ, Secretary' ATTEST: GEOg�� If./. /� "��. . KRYDE airman � -5-