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HomeMy WebLinkAbout0601 MIiVUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - JUNE 1, 1982 7:00 P.M. - CITY HALL COUNCIL CHAiVIBERS � -� * * � * * � * � � * * � * * -� � � � * * * * * * � �� � * * � I. CALL TO ORDER Chairman Kryder called the meeting to order at 7:03 P.M. II. PLEDGE OF ALLEGIANCE - Commissioner Wood III. ROLL CALL �.. Members Present: Commissioner Miller Commissioner Richards Commissioner Wood Chairman Kryder Excused Absent: Commissioner Crites Staff Present: Ray Diaz, Director of Environmental Services Stan Sawa, Principal Planner Steve Smith, Associate Planner Linda Russell, Planning Secretary N. APPROVAL OF MINUTES: May 18, 1982 Moved by Commissioner Wood, seconded by Commissioner Richards, to approve the minutes as submitted. Carried unanimously 4-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the actions of the Council from the meeting of May 20, 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. DP OS-81 and TT 14080, T � D INVES"fMENTS c/o VDAGNER-STANFORD CONSULTANTS - Request for approval of a one year and 18 month time extension for a Development Plan and Tentative Tract Map, respectively, for a 47 unit condominium project on the north side of Hovley Lane, 2600 feet east of Monterey Avenue. Staff recommended approval. Moved by Commissioner Richards, seconded by Commissioner Wood, to approve Consent Calendar item as presented by staff. Carried unanimously 4-0. VII. PUBLIC HEARINGS A. Continued Case No. CUP OS-82 - DANNY AND LORETTA HIGH, Applicants Request for approval of a Conditional Use Permit to allow a day nursery for 12 children in the R-1 (Single Family Residential) zone located at the northeast corner of � Panorama Drive and Peppergrass Street. Mr. Diaz reviewed the request continued from the meeting of May 4th at the applicant's request. He noted that the applicants had modified their request to limit the CUP to 6 months to give them an opportunity to relocate at facilities provided by the First Baptist Church. Mr. Diaz noted that several letters had been received in favor and opposition. Staff felt the use was unacceptable, because of its incompatibility with the neighborhood and recommended denial. -1- MINUTES PLANNING COMMISSION MEETING JUNE 1, 1982 Chairman Kryder opened the public hearing asking if the applicant wished to make a presentation. MR. DANNY HIGH, 45-845 Panorama Dr., explained the request was for a 6 month Conditional Use permit to give them an opportunity to acquire a facility at the church. Mr. High expressed the need for this type of service for this City. Mrs. High presently has a license from the County for 5 children but because of growing needs and limited places that provide adequate child care, this request is being made for 12 children. �„ Commissioner Wood asked what the age range of the children were. Mr. High referred the question to his wife. MRS. LORETTA HIGH, replied that there was a variety in age groups but their concern right now was for the older brothers and sisters who will not have a place to go once school is over for the summer becaue of limited space at Hope Lutheran. She stressed the need and the major problem for day care centers. Commissioner Wood asked what the children did during the day. Mrs. High replied that she had different activities planned inside the home; since the first complaint had been made about the children she had not let them play outside. Chairman Kryder asked if anyone was in FAVOR of this request. REVEREND STEVEN LEWIS, Paster of First Baptist Church, 38817 Bel Air, Cathedral City, explained that Mr. and Mrs. High came to him with this problem and the people of the church felt since the church was only used a few times a week a day care facility would be a way of expanding the church to provide the needs for the community. He indicated that since it would take time to Qrepare the facility, the request for a 6 month Conditional Use Permit at the home of Mr. and Mrs. High was necessary. Chairman Kryder asked if all this can be accomplished in six months. Rev. Lewis replied that it should be and noted that he had started application procedures already. The church is located at 73-550 Santa Rosa Way (R-2 zone). � DIANNE FUNK, 72-755 Pitahaya, stated that she has a child that has been taken care of by Mrs. High and has been very happy with the type of care that has been provided. Commissioner Wood asked where she would have taken her child if this facility would not have been available. Ms. Funk replied that she did not know but because she had a bad experience with an unlicensed babysitter she hesitated to take her child where they were not licensed through the county. She noted that there are only four licensed babysitters in the city and they have their limited number of children already. MR. GREGORY BLAKE, 54-625 Obregon, La Quinta, expressed his utmost confidence in Mrs. High's ability to take care of his child and the service provided by her. MR. CHARLES TRIPP, 74-232 Aster, stated he was President of the Youth Sports Association and spoke on behalf of the Highs and felt they were people who had well behaved children. He felt that the Highs would do anything required o# them to accommodate the neighborhood. He noted that it was time the city recognized the needs of families with children and support these needs. Chairman Kryder asked if anyone wished to speak in OPPOSITION: MR. i�1ARK McKELL, 74-410 l�eppergrass (across from Highs), stated that he knew of the great need for child care, but 12 children in a residential area, playing outside along a well traveled street, was not practical. He requested denial. � Commissioner Wood asked if the children playing in the street were Mr. and Mrs. High's. Mr. McKell replied that he had reason to believe they were. MRS. HARTLEY GURREY, 74-255 Peppergrass, explained that she had no quarrels with any of the reasons stated for the necessity of such a facility but the issue was the location. She believed that such a facility did not belong in a residential zone and felt that it lowers the value and quality of living. -2- MINUTES PLANNING COMMISSION MEETING �UNE 1, 1982 Commissioner Wood asked Mrs. Gurrey if she was aware of the fact that Mrs. High was licensed to take care of 5 children now. Mrs. Gurrey believed that it would not impact the neighborhood as it does or would with a larger number. MRS. EVELYN MERRYMAN, 74-387 Peppergrass, also felt that this facility did not belong in a residential area. She felt that if this request was granted it would set a precedent, She assured everyone that she was not against the day care center and knew of the need, but not in the R-1 zone. � Because Commissioner Wood felt it was not clear as to what the request was for Mr. Diaz clarified that the request was for 6 months and if the Commission wished it could grant the Conditional Use Permit with a condition that it only be for b months. MRS. ETTA DUNN, 74-394 Peppergrass, also felt this facility did not belong in the residential area. MR. GILBERT 'fHOMPSON, 74-479 Peppergrass, noted that Mr. and Mrs. High's house is small and felt it was not suitable for a large number of children. Commissioner Richards noted that he lived 3 blocks away from the Highs and also has three children. He is aware of the child care problems and also aware of the problems that might arise from a facility such as this in a residential neighborhood. MS. DARLENE CURRY, 74-450 Peppergrass, asked what would happen if the church facility was not ready in 6 months. Chairman Kryder replied that that would be all the time they would be granted (assuming 6 months was granted). She opposed this request. MIKE THOMAS, 74-455 Parosella, noted his opposition to this request. MRS. FRANCINE FISHER, 74-445 Parose�la, explained that she and her husband bought their home 3 years ago in that particular neighborhood because they felt it was a quite neighborhood with most of the residents being retired. She indicated that because '� her husband keeps odd hours with his business and she has a newborn baby they need their sleep and/or privacy during the day. She cannot cope the with the noise of traffic generated by the day care center early in the mornings. She was also representing her next door neighbor who lives at 74-225 Parosella. MR. CARL LITTLE, 74-396 Chicory, also opposed the day care center being in a residential area. There was additional input in FAVOR: MS. JUNE HUSSER, 43-471 Virginia, asked where could these children go if not to Mrs. High. She agreed that a residential area was not a good locatinn for this type of facility but noted that this request was only for 6 months. MS. RHONDA NAPOLEON, 73-957 Alessandro, expressed the respect Mr. and Mrs. High have from everyone who knows them. She felt that it was not fair to keep the children inside their home all day but because of the complaints Mrs. High has done so. APPLICANT'S REBUTTAL: Mr. High stated that since the children are in the home all day there should not be any problems. He noted that he has put a lot of time into the youth organizations in the city and with this request he is just trying to provide a service that would benefit the parents in this city. He also noted that the County license allows them to have five � children now in addition to their own. Commissioner Miller asked if Mr. High knew of all the requirements he has to meet requested by the �irector of Public Works and Fire Marshal, in order to keep his County license. Mr. High replied affirmative. � Commissioner Wood pointed out that the children playing out in the street were the High's children and not the day care children. -3- MINUTES PLANNING COMMISSION MEETING JUNE 1, 1982 There was additional input in FAVOR: MS. JEAN KATIWOKA, 54-205 Avenida Martinez, La Quinta, requested approval for the six months permit. MR. TIM JOHNSON, 43-100 Portola, noted that areas or facilities for this type of service are limited. '� There was additional input in OPPOSITION: MS. EVELYN MERRYMAN wanted to point out again that this area was not zoned properly for a day care center and the church facilities might not be ready in six months. Chairman Kryder closed the public hearing and asked for further comments from Commission. Commissioner Miller felt that there were many parents out of the City area and they could look into day care centers in other nearby cities. He believed six months was not enough time for the church to expand a facility, therefore, would not be ready in time. Commissioner Richards felt that although he knew this service is greatly needed in the city, residents who buy property have legal rights. Commissioner Wood pointed out that five children would be allowed by law and the City could not change this. He was in favor of granting a six month Conditional Use Permit. Chairman Kryder stated that the need for this service unfortunately does not enter into the decision made. 1'he Conditional Use Permit findings have to be justified in order to grant approval of this request. In this case, the location will be detrimental to the � public and many neighbors were heard tonight in opposition. Chairman Kryder also felt it `� would set a precedent. Moved by Commissioner Richards, seconded by Commissioner Miller, to waive further reading and adopt Planning Commission Resolution No. 803, denying CUP 05-82. Carried 3-1 (with Commissioner Wood voting Nay). A TEN MINUTE RECESS WAS Cf1LLED AT 8:20 P.M. - THE MEETING RECONVENED AT 8:30 P.M. B. Continued Case No. ZOA 04-82 - CITY OF PALM DESERT, Applicant Consideration of a Zoning Ordinance Amendment relating to nonconforming lots, buildings, uses and land. Mr. Smith gave the staff report on this matter continued from the May 4th meeting. The matter was continued to enable staff to contact the businesses impacted by the proposed revisions. Mr. Smith reported that those businesses that would be required to take some remedial action (i.e. provide screening, etc) were contacted by letter and that the list of those businesses notified was contai�ed in the staff report on file in the department. Chairman Kryder opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to this case. MS. ELEANOR SIEGEL, 74-196 Highway 111, owner of J dc E Automotive, asked if they could sell the business with this new proposed amendment. Mr. Diaz replied that they would be permitted to sell if tfie business began operating within 180 days after sale. MR. EDMUND BERKELY, 73-195 Hwy 111, owner of Palm Desert Glass, inquired if the new ordinance would preclude him from enclosing activities in a building presently done outdoors. Mr. Diaz responded that it would not. -4- MINUTES PLANNING COMMISSION MEETING JUNE 1, 1982 Chairman Kryder closed the public hearing. , Commissioner Richards expressed his favorable opinion on the matter. Moved by Commissioner Wood, seconded by Commissioner Richards, to waive further reading and adopt Planning Commission Resolution No. 804, recommending ZOA 04-82. Carried unanimously 4-0. �... C. Case No. ZOA 06-82 - CITY OF PALM DESERT, Applicant Consideration of a Zoning Ordinance Amendment relating to Nonconforming Signs. Mr. Diaz reviewed the proposed Ordinance Amendment explaining that this would allow present business owners to operate with their nonconforming signs until the transfer of ownership or alteration of the sign. Staff recommended approval. Chairman Kryder 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. Commissioner Richards indicated that this would be a step in the right direction but also felt that it was unfair to those business owners who had complied to the Sign Ordinance prior to this proposed amendment. Moved by Commissioner Miller, seconded by Commissioner Wood, to waive further reading and adopt Planning Commission Resolution No. 805, recommending ZOA 06-82. Carried 3-0-1 (Commissioner Richards Abstained). � VIII. DESIGN REVIEW BOARD ITEMS: Preliminary plan approvals by the Design Review Board at its meeting of May 25, 1982, requiring Planning Commission confirmation. A. Case No. 236 MF - SILVER SPUR ASSOCIATES - Preliminary design approval for revisions to existing entry to Ironwood Country Club at Mariposa Drive and Portola Avenue. B. Case No. 237 CVIF - McLAIN DEVELOPMENT CO. - Preliminary and final approval of new building elevations for two unit types within Silver Sand Racquet Club, at the southeast corner of Country Club Drive and Portola Avenue. Staff recommended approval by Minute Motion. Moved by Commissioner Richards, seconded by Commissioner Wood, to confirm Design Review Board's approvals by minute rnotion. Carried unanimously 4-0. IX. MISCELLANEOUS ITEMS - NONE X. ORAL COMMUNICATIONS - NONE � XI. COMMENTS Commissioner Miller stated he would not be attending the next Planning Commission meeting due to family illness out of state. -5- MINUTES PLANNING COMMISSION MEE'TING JUNE 1, 1982 XII. ADJOURNMENT Moved by Commissioner Richards, seconded by Commissioner Wood, to adjourn the meeting at 8:50 P.M. Carried unanimously 4-0. x � � RAMON A. DIAZ, Secretary ATTEST: GEORGE D. KRYDER, Chairman /lr � � -6-