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HomeMy WebLinkAbout0907 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - SEPTEMBER 7, 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 Richards III. ROLL CALL Members Present: Commissioner Crites Commissioner Miller Commissioner Richards Commissioner Wood Chairman Kryder Staff Present: Ramon Diaz Stan Sawa Steve Smith Phil Joy Linda Russell Barry McClellan IV. APPROVAL OF MINUTES: August 17, 1982 Motion 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 August 26, 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. Case No. DP 10-79, MACK DEVELOPMENT - Request for approval of a one year time extension for a 116 unit condominium project. Rec: Approve as presented. Moved by Commissioner Richards, seconded by Commissioner Miller, to approve consent calendar as presented. Carried unanimously 5-0. VII. PUBLIC HEARINGS A. Case No. CUP 10-82, JOHN McCORMICK, Applicant - Request for approval of a conditional use permit to allow a restaurant/deli in the C-1, S.P. zone located at the southeast corner of El Paseo and Lupine Lane in El Paseo Village. w• NOTE: Applicant has requested in writing that his application for this conditional use permit be withdrawn. Mr. Diaz stated that the applicant had withdrawn this conditional use permit application and no action was necessary. B. Case No. CUP 14-78 (Amendment), THE LEARNING TREE CENTER, Applicants - Request for approval of an amendment to a conditional use permit to allow expansion of a preschool in the R-3 (9) and R-1 (multiple -1- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 7, 1982 family residential, one d.u./9000 square feet of land area and single family residential) zone located at the northwest corner of Alessandro Drive and Cabrillo Avenue. Mr. Sawa reviewed the staff report which identified two concerns: the use's compatibility and traffic generation. Staff recommended that in order to alleviate noise, block walls be constructed across front of the Cabrillo Avenue lots and along the north and west property lines. An additional 6 foot high block wall is proposed along the south side of the new parking area. Staff also recommended that the Cabrillo Avenue parking lot be limited to employees, requiring patrons to use the Alessandro Drive lot only. This parking arrangement would mitigate staff's traffic concern. Staff recommended approval subject to conditions. Commissioner Crites requested clarification on the landscaping along the proposed walls; he asked if the wall facing property owners on the north side of Cabrillo would be landscaped. Mr. Sawa replied that landscaping was not required on the north side of the wall because it was not the applicant's property Chairman Kryder opened the public hearing and asked if the applicant wished to make a presentation. MR. AND MRS. ROBERT CRAVEN, 44911 Cabrillo Ave., indicated that they presently have a 2 year waiting list and felt that this proposed expansion is greatly needed in the community. They noted that some of the concerns expressed by the area residents were: the height of the block walls; obstruction of views by the walls; and, the tower and the building roof color. They added that they are trying to address the concerns of the community. They requested approval. Chairman Kryder asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. FAVOR: wt MR. DON KLINKIEWCZ, 74160 Hwy 111, expressed his support for this facility stating that it would be an asset to the community. MR. STEVEN CHAMBERS, resident of Palm Springs, stated he has a daughter who is attending the school and has been very pleased with the educational program. MR. JESSIE UP, resident of Indio, felt that the building is attractive and the program provides high quality education. OPPOSITION: MRS. KATHLEEN KOPP, 44-870 Cabrillo, owner of 3 lots on Cabrillo, felt that the owners of the facility were very capable people but was not in favor of expanding the facility for the following reasons: The expansion into the R-1 zone would set a precedent and this use would increase the population density in the area; many children would be walking to and from school and because the streets are narrow and there is a lack of sidewalks this would create a dangerous situation for the children; property values would depreciate; many area homeowners are retired. She also felt the design of the facility was not compatible and blocks views. She presented pictures of the school. She added that she had heard very positive comments about this facility but any expansion should be along Alessandro rather than Cabrillo because of the commercial zoning on Alessandro. MR. DARRELL WARD, 44-836 Cabrillo, lives across from the school and stated that he did not like the view of a school across from him. His wife also commented on the noise disturbance. MRS. JACKIE COOK, abutting neighbor, was concerned with the wall height feeling it would block her view; and, pointed out that presently the noise is disturbing. She would be supportive of this case if a buffer was provided, but is not in favor of the project as proposed. She noted that a legal notice was not sent to her. It was clarified by staff that a legal notice was sent to her Carlsbad address which was listed on the latest equalized assessment roll. -2- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 7, 1982 Commissioner Wood asked Mrs. Cook if she was aware of the school location when she purchased her home. Mrs. Cook replied that there was a structure being built at that time but was not aware of the use. APPLICANT'S REBUTTAL: Mr. and Mrs. Craven responded to the concerns as follows: In response to the issue of no sidewalks, they stated that most children would be driven to the school and the teachers meet the school buses and walk the children to the school. Regarding noise; they stated that they have never been approached about a noise problem and felt that the walls have been good noise barriers. Mrs. Craven added that the children are in the play-yard area only 35 minutes each day. Regarding property values; in their research they found that a home across the street from the school on Alessandro sold for considerably more than when it was purchased by the previous owner in 1976, which points out the property value has gone up. Mr. Craven presented a list of names of people who support this facility. Commissioner Crites noted that the proposed expanded area would be closer to the residents than the existing use. Commissioner Miller asked for the students' age group. Mrs. Craven replied that presently the group is from 3 to 5 and in the new structure the age group would be up to 8 years of age. Chairman Kryder closed the public hearing. Commissioner Wood stated the subject property was across the street from a developed commercial zone and under the influence of that zone. If the property was in the middle of a residential area then he would not favor the request of the applicant. It appeared the majority of the opinions agreed with this idea. Commissioner Richards asked staff to address the concerns expressed on the parking lot along Cabrillo Avenue. Mr. Diaz replied that the parking lot would be limited to staff parking only. Commissioner Richards agreed that the structure was not attractive and reminded the audience that any decision made could be appealed to the council. Commissioner Crites felt the expansion would be too detrimental to the neighbors. Commissioner Miller felt the walls would present a problem in terms of blocking the neighbors' views. Chairman Kryder stated that there is a buffer zone; this proposal is in an area that can handle this type of use and mitigation measures can be imposed. Moved by Commissioner Wood, seconded by Commissioner Richards, to approve findings for approval. Carried 3-2 (Commissioners Miller and Crites voting nay). Moved by Commissioner Wood, seconded by Commissioner Richards, to waive further reading and adopt Planning Commission Resolution No. 818, approving Conditional Use Permit 14-78 (Amendment), subject to conditions as amended: Add condition No. 15. to state "After parking lot has been utilized by staff only for a period of 6 to 8 months, if a problem exists some type of gate or arm shall be installed." Mr. Diaz noted a change to condition No. 6 to read, "A lot line adjustment consolidating the 4 parcels shall be filed, approved and recorded prior to certificate of occupancy for expanded area being issued." ti Carried 3-2 (Commissioners Miller and Crites voting nay). C. Case No. DP 07-81 (Amendment), BERNARD SOLOMON, Applicant - Request for approval of an amendment to a development plan to allow construction of a 204 unit hotel with ancillary restaurant, on 9.32 acres within the PC(4), N, S.P. (planned resort commercial, natural factors, scenic preservation overlay) zone and PR-5, N (planned residential, maximum 5 d.u./acre, natural factors overlay) zones, located on the north side of -3- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 7, 1982 Highway 111, 650 feet east of Deep Canyon Road. Mr. Smith reviewed the staff report and stated that because the applicant has been unable to complete the acquisition of the easterly portion of the property a scaled down version of the development is now being proposed on the westerly portion of the original site. Basically, the changes made were the deletion of the proposed office building and the 192 casitas units. He added the following conditions and/or changes to the resolution: Delete recommended Condition No. 22 and replace with following: Condition No. 22; to read, "Applicant shall contribute his fair share for the construction of signalization at Highway I II and the project entrance." Add three new conditions: 1. The applicant shall pay a fee to be determined by the City Engineer toward the installation of a traffic signal. 2. All mechanical equipment associated with the development shall be equipped with manufacturer-supplied noise control devices and screened from Hidden Palms both so that the equipment is neither seen nor heard from the adjacent property and subject to satisfaction of design review board. 3. The applicant shall be required to grant a reciprocal mutual access agreement to the adjacent property owners to the east and west. Staff recommended approval. Chairman Kryder expressed concern about the lighting of the tennis courts spilling over to the Hidden Palms area. He suggested a condition be added to reflect this. Chairman Kryder opened the public hearing and asked if the applicant wished to make a presentation. MR. BERNARD SOLOMON, 73-185 Irontree Dr., stated that because obtaining the easterly property has been a problem, this amendment is requested. He asked for a clarification on Condition No. 13, pertaining to the master drainage plan. Because this condition was not applicable to this amendment, staff and commission agreed to delete this condition. In reviewing the added conditions, Mr. Solomon was concerned that noise control condition for mechanical equipment was too open ended. He added that he was hopeful in obtaining the adjacent land in the near future and the originally proposed "Casitas" would again become part of the plan. Commissioner Richards explained that the condition regarding noise control states that all mechanical equipment shall be equipped with manufacturer-supplied noise control devices, and was is a fair condition. Mr. Solomon requested that if the amendment was approved, that he not have to resubmit for design review board approval. Mr. Diaz responded that since the plans have no major changes, and were approved for basically the same location further design review board approval was not necessary. Mr. Solomon addressed another question regarding final landscaping plans. He asked that the grading and landscaping plans be approved prior to receiving a certificate of occupancy because many times these plans change from the time they are approved till the time the development is completed. Mr. Diaz explained that a condition may be added to address this problem. Chairman Kryder asked if anyone present wished to speak in FAVOR or OPPOSITION to this request. MR. JAY SCHOLBY, representative for: Wayne Barlow, 685 Monaco Circle, Mrs. James Scholby, 721 Monaco Circle; Dr. Scholby, 735 Monaco Circle; Leanne Reny, 711 Monaco Circle; and, Beverly Clark, 671 Monaco Circle. He stated that the Environmental Impact Report indicates impacts exist and the city should review these impacts (i.e. landscaping, buffer zone, berms, loading zones, lighting, noise impacts, etc.). Commissioner Crites asked Mr. Scholby what he found objectionable about the mechanical equipment. Mr. Scholby replied that they would create a noise problem. Commissioner Crites asked him if the condition added regarding this matter was -4- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 7, 1982 acceptable to him. Mr. Scholby replied affirmatively. Commissioner Crites asked what his concern was regarding the 60 ft. setback; Mr. Scholby replied that negotiations between Mr. Solomon and Hidden Palms were made during the original proposal (which was denied) and it is his understanding that this agreement has not been included in the current proposal. Discussion proceeded regarding past meetings between Mr. Solomon and the Hidden Palms Homeowners Association. MR. KIRBY EALY, Attorney for Joseph Rapkin, stated that because Mr. Rapkin could not be present, Mr. Rapkin requested a continuance. Mr. Ealy continued to explain the financial arrangements made between Mr. Solomon and Mr. Rapkin and how those arrangements have not been realized. Commissioner Richards explained that the city has always acknowledged that any developer who has his plans approved could run into financing problems. The commission would like to see the development built as originally proposed. Commissioner Wood felt there was no justification to grant Mr. Ealy's request for a continuance since all of Mr. Ealy's remarks offered no legal basis to do so. Mr. Ealy did not challenge this but merely stated that Mr. Rapkin should be entitled to his objections. APPLICANT'S REBUTTAL: Mr. Solomon disagreed with the statements made by Mr. Ealy regarding arrangements and agreements made between Mr. Rapkin and himself. Chairman Kryder closed the public hearing. Mr. Diaz clarified the amendments to the conditions of the draft resolution, adding an additional condition: "Final landscaping plans to be submitted and approved prior to issuance of foundation permits." Moved by Commissioner Richards, seconded by Commissioner Wood, to waive further reading and adopt Planning Commission Resolution No. 819, approving Development Plan 07-81 (Amendment), subject to conditions as amended. Carried unanimously 5-0. A FIVE MINUTE RECESS WAS CALLED - THE MEETING RECONVENED AT 9:35 P.M. D. Case No. CUP 11-82, DESERT ORTHOPEDIC CONSULTANTS, INC., Applicants - Request for approval of a conditional use permit to allow a physical therapist's office in the C-1 (general commercial district) zone, at the southwest corner of Portola Avenue and Larrea Street. Mr. Joy reviewed the staff report and stated that the proposed use, if approved, would be 3 parking spaces deficient. Staff felt that because on-street parking was being utilized and the parking lot has never been full, the deficiency will not create a problem. Staff recommended approval. Chairman Kryder opened the public hearing and asked if the applicant wished to make a presentation. The applicant was not present. Chairman Kryder asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the public hearing was closed. Moved by Commissioner Miller, seconded by Commissioner Crites, to adopt findings for approval. Carried unanimously 5-0. Moved by Commissioner Miller, seconded by Commissioner Crites, to waive further reading and adopt Planning Commission Resolution No. 820, approving Conditional Use Permit 11-82. Carried unanimously 5-0. -5- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 7, 1982 E. Case No. PM 18831, CHIEH CHUNG YU, Applicant - Request for approval of a parcel map to create four industrial parcels in the S.I., S.P. (service industrial, scenic preservation overlay) zone located at the northwest corner of 42nd Avenue and Eclectic Street. Mr. Sawa reviewed the staff report and added that the applicant questioned the condition requiring drainage fees; staff noted that this was a requirement in the ) previously approved parcel map and if they have been paid the applicant is not required to pay the fees again. Staff recommended approval. Chairman Kryder opened the public hearing and asked if the applicant wished to make a presentation. MR. HAROLD HOUSLEY, project engineer, asked for a clarification on Condition No. 4, which states that the parcel map shall be recorded within one year; he asked that it be changed to two years as provided by law. Commission agreed. Mr. Housley also asked for clarification on what the drainage fees were. Mr. McClellan replied that presently the fees are $4800 per acre. Mr. Housley commented on the considerable increase. Mr. Diaz informed Mr. Housley that his client would have to request modification of the drainage fees from the City Council. It was clarified by Mr. Diaz that any fees paid for this property would not have to be paid twice. Chairman Kryder asked if anyone present Wished to speak in FAVOR or OPPOSITION to this case. MR. RUSS PARKER, representative of applicant and Coldwell Banker, explained why he felt the drainage fees were too high. Chairman Kryder closed the public hearing. Moved by Commissioner Wood, seconded by Commissioner Richards, to adopt findings for approval. Carried unanimously 5-0. Moved by Commissioner Wood, seconded by Commissioner Richards, to waive further reading and adopt Planning Commission Resolution No. 821, approving Parcel Map 18831, subject to conditions as amended. Carried unanimously 5-0. F. Case No. ZOA 09-82, CITY OF PALM DESERT - Initiation of a zoning ordinance amendment to consider reductions of rear and side yard setbacks in the S.I. (service industrial district) zone. Mr. Joy reviewed the staff report and stated that this proposed amendment was due to a letter received by J.P. Construction. Staff recommended approval. Chairman Kryder opened the public hearing and asked if anyone present wished to speak in FAVOR or OPPOSITION to this amendment. MR. SVEND PEULICKE, J.P. Construction, requested approval of this amendment. Chairman Kryder closed the public hearing and asked for commissions pleasure. Moved by Commissioner Crites, seconded by Commissioner Miller, to waive further reading and adopt Planning Commission Resolution No. 822, recommending Zoning tog Ordinance Amendment 09-82. Carried unanimously 5-0. G. Case No. ZOA 10-82, CITY OF PALM DESERT - Initiation of a zoning ordinance amendment regarding signs for urgent medical care facilities. Mr. Diaz reviewed this matter stating that council felt a sign of this type proposed for the Urgent Care Facility was not without merit and a code amendment may be -6- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 7, 1982 prepared. He further stated that due to difficulty in defining "Urgent Care Facility" the existing definition of a "Medical Clinic" provided in the municipal code, was used, extending the hours and days of operation. Chairman Kryder opened the public hearing and asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. MR. FREDERICK HODGES, 47-111 Monroe, felt that ultimately this sign would best serve the community. He requested approval. DR. PAUL DLUGIE, 72-705 Hwy 111, indicated that staff for this facility has already be retained to begin work in October. Commissioner Richards asked for specific hours of operation. Dr. Dlugie replied that the facility would be open on Mondays through Fridays from 2 p.m. to 10 p.m. and on weekends from 10 a.m. to 10 p.m. He added that they would try to be open as many hours as possible. Chairman Kryder asked Dr. Dlugie what the difference was between this facility and a regular medical office. Dr. Dlugie explained that this facility would enable patients to receive urgent care without waiting for long periods, as experienced in hospitals. Commissioner Crites asked if this type of facility was recognized by the medical profession. Dr. Dlugie replied that it was and many facilities of this type were available in many communities. Commissioner Crites asked if a doctor was to keep his office open until 10 p.m. would that define his office as an urgent medical facility. Dr. Dlugie replied yes and further explained that this facility would provide intermediate care versus hospital major medical care and the fees are much more reasonable. Commissioner Wood felt that the facility should operate 24 hours every day in too order to meet commission's definition of "urgent care". Chairman Kryder felt this facility could not take care of "urgent" medical attention (i.e. heart failure). He also felt that emergency care equipment and staff should be available 24 hours per day in order to meet the definition of "Urgent Medical Care". Commissioner Crites clarified that the sign would read "The Palm Desert Medical Center", without "Urgent Medical Facility", and in his opinion the matter of the sign is between Great Western and the medical facility and there is not sufficient justification for "Urgent Care Facility" designation. Dr. Dlugie was confused as to why this matter was being argued since the City Council had stated that they would grant them 35 sq.ft. of signage if the facility met the criteria of an urgent care facility. He asked staff to clarify City Council's instructions in regard to this matter. Mr. Diaz explained that the council directed staff to prepare an ordinance for public hearing to provide sign area for urgent care facilities. Mr. Diaz further explained that this proposed amendment would go before council but by law has to be brought to planning commission first for recommendation to the council. After further discussion, Commissioner Wood commented that the city has ordinances that should be complied with unless sufficient justification is present for amendments, which in this case there is not. r.. Chairman Kryder closed the public hearing and asked for commission's pleasure. Moved by Commissioner Wood, seconded by Commissioner Crites, to deny this zoning ordinance amendment regarding signs for urgent medical care facilities by Planning Commission Resolution No. 823. Carried unanimously 5-0. VIII. DESIGN REVIEW BOARD ITEMS - NONE -7- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 7, 1982 IX. MISCELLANEOUS ITEMS - NONE X. ORAL COMMUNICATIONS - NONE XI. COMMENTS - NONE urr XII. ADJOURNMENT Moved by Commissioner Richards, seconded by Commissioner Crites, to adjourn the meeting at 10:45 P.M. Carried unanimously 5-0. A ON A. D AZ, Secretary ATTEST: Q GEORJ5r D. KR *Dhairman Ar -8-