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HomeMy WebLinkAbout1005 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - OCTOBER 5, 1982 7:00 P.M. - CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Vice Chairman Richards called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Commissioner Wood III. ROLL CALL Members Present: Commissioner Crites Commissioner Downs Commissioner Wood Vice Chairman Richards Excused Absent: Chairman Kryder Staff Present: Ramon Diaz Stan Sawa Phil Drell Phill Joy Linda Russell IV. APPROVAL OF MINUTES: September 21,1982 Moved by Commissioner Wood, seconded by Commissioner Crites, to approve the minutes as submitted. Carried unanimously 4-0. AT THIS TIME THE COMMISSION PLACED ITEM V (ELECTION OF OFFICERS) AT THE END OF THE AGENDA AND BROUGHT UP MISCELLANEOUS ITEM NO. X. X. MISCELLANEOUS ITEMS Resolution of Commendation for Charles E. Miller Vice Chairman Richards presented Mr. Miller with a Resolution of Commendation and expressed the commission's gratitude. VI. SUMMARY OF COUNCIL ACTION - NONE VII. CONSENT CALENDAR - NONE VIII. PUBLIC HEARINGS A. CASE NO. CUP 14-78 (Amendment) - THE LEARNING TREE CENTER, Applicants Request for approval of a Negative Declaration of Environmental Impact and an amendment to a conditional use permit to allow expansion of a preschool in the R-3 (9) and R-1 (multiple family residential, one d.u./9000 sq.ft. of land area and single family residential) zone located at the northwest corner of Alessandro Drive and Cabrillo Avenue. Now Mr. Sawa presented the staff report indicating that this matter was being reheard because of the previous incomplete submission by the applicant of names of property owners within 300' of the project. He briefly reviewed the site plan and major concerns. He noted that in addition to the letters attached to the staff report in opposition or in favor, more had been received. Petitions in favor and opposition were also received. Staff recommended approval. Commissioner Wood asked staff if the petitions were valid. Mr. Sawa replied they -1- MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 1982 were. Mr. Sawa noted that an appeal filed by Mrs. Kopp on the first public hearing decision, was not sent to council because of the hearing's invalidity. Commissioner Crites asked staff, if after hearing the opposition's concerns did it wish to modify its recommendation. Mr. Sawa replied that staff's two concerns would be mitigated through the conditions imposed. Commissioner Crites asked if staff had investigated citizens' concerns. Mr. Sawa stated he had and found that the use would be compatible to the neighborhood. Vice Chairman Richards asked if the applicant wished to make a presentation. MR. AND MRS. ROBERT CRAVEN, operators of the preschool, stressed the need for this type of school, and stated that they walked the neighborhood asking for opinions and/or objections. In answering previous objections, Mr. Craven stated that property value increases when located near a school; that no complaints relating to noise had been received. Mrs. Craven noted that when they canvassed the neighborhood most people were not at home or had no objections. She concluded that part of the expanded area is in the R-3 zone. Mr. Craven stated that, Mrs. Cook's, the neighbor immediately north of their facility, principal objection had been the proposed block wall adjacent to her bedroom window, blocking ventilation. Mr. Craven suggested that the block wall be 4 ft. in height extending past her window, then be built up to 6 ft. beyond that point. Commissioner Crites noted that Mrs. Lillian Vaughn sent a letter of opposition, but also was listed in the petition in favor. Vice Chairman Richards opened the public hearing and asked for testimony in FAVOR: urrr PHIL REED, 44-850 San Antonio Circle, Palm Desert MIKE LEITMAN, PhD, 73-960 El Paseo, Palm Desert STEPHEN CHAMBERS, Palm Springs JOHN VON, 54-865 Avenida Alvarado, La Quinta ISABEL PAULS, 2800 Golf Club Drive, Palm Springs GARY LOHMAN, 71-888 Vista, Rancho Mirage DANIEL LEVINOFF, 52-240 Avenida Mendoza, La Quinta JAMES CRAIG, 73-275 Santa Rosa, Palm Desert Their comments can be summarized as follows: No noise impact existing; high quality school; family oriented school; noise impacts are from other commercial uses; reliable school; facility is very much needed in community; school provides for nondenomination education and fulfills a philosophical need; children are well supervised; operators are willing to cooperate with neighbors. Vice Chairman Richards asked for testimony in OPPOSITION: KATHLEEN KOPP, 44-870 Cabrillo, Palm Desert DARREL WARD, 44-836 Cabrillo, Palm Desert DOUG KOPP, 44-870 Cabrillo, Palm Desert JACKLYN COOK, 44-805 Cabrillo, Palm Desert (Note: Mrs. Cook stated she had a conversation with Mr. Craven but did not indicate she would be in favor of the expansion. She felt the parking lot next to her home would create traffic and noise impacts). Their comments can be summarized as follows: The expansion was not for pre-schoolers but older children; facility is unattractive; people in favor are out-of-towners or not neighbors of facility; too many children; encroachment to R-1 zone; other areas for this type of facility are available; traffic impacts; not compatible with neighborhood; too big; noise impact is unacceptable; and, further encroachment into the single family residential area was unwarranted. -2- MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 1982 APPLICANT'S REBUTTAL: Mr. Craven explained that they will not have the maximum number of pupils at all times; he explained that the reason they would like to expand up to grade 3 is because a child can stay at one school for up to six years; there will be no traffic impacts on Cabrillo; and, they will continue to regulate the noise generated. Mrs. Craven stated there is no problem with traffic congestion from the school; most people in the neighborhood work during the day and school hours are from 9 a.m. to 3 p.m. Vice Chairman Richards closed the public hearing and asked for commissioners' comments. Commissioner Wood felt there seemed to be conflicting testimony; but also felt that the location was zoned for this facility. Commissioner Crites felt there was a wide variety of objections but was not sure that all the issues were attributed to the school. Commissioner Crites felt that the issue comes down to whether or not the commission is willing to approve something that is of community value and opposed by the immediate neighborhood. Commissioner Downs felt the expansion should not be in an R-1 zone. Commissioner Wood felt the objections should be clarified by staff and the matter should be continued. Vice Chairman Richards voiced opposition based on Mrs. Cook's objections and the testimony received from the immediate neighborhood. Moved by Commissioner Downs, seconded by Vice Chairman Richards, to reject findings as recommended by staff. Carried 3-0-1 (Commisioner Wood abstained). Moved by Commissioner Downs, seconded by Commissioner Crites, to instruct staff to prepare a resolution denying CUP 14-78, with commission's findings. Carried 3-0-1 (Commissioner Wood abstained). A TEN MINUTE RECESS WAS CALLED - THE MEETING RECONVENED AT 8:50 P.M. B. CASE NOS. GPA 03-82, C/Z 08-82, and ZOA 11-82 - CITY OF PALM DESERT, Applicant Consideration of a general plan amendment, change of zone, zoning ordinance amendment, and Negative Declaration of Environmental Impact, involving hillside development standards for property generally located between the Palm Valley Storm Channel and western city limits. Mr. Drell gave the staff report outlining the factors which had generated the proposed revisions to present plans and ordinances. The goal of this amendment would be to preserve the natural character of the hillside, while providing property owners with a reasonable use of their land. Base density would be set at 1 dwelling unit per 5 acres. Through development options, a density of up to 3 dwelling units per acre could be approved for those areas at the base of the mountains having less than 10 percent slope. Vice Chairman Richards opened the public hearing and asked if anyone wished to speak in FAVOR. There being none, he asked if anyone wished to speak in OPPOSITION: LEROY KIRKPATRICK, 33-801 Dana Point, objected to proposals which might result in limiting development on his 3.5 acres to one unit. He asserted that he had been assured that 2 or 3 units could be built on his land. DORI CREE, explained that the zoning recommended in the Palm Valley Area Specific Plan was based upon many considerations including the visibility of the slopes, and the eventual developments occurring on them, from different parts of the city. She -3- MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 1982 further stated that she acquired four, five acre parcels along the bottom of the slopes based upon the recommendation in the old plan of a one dwelling unit per acre density. She objected to the new proposals since they might limit her to 4 to 8 units. She requested that higher density be allowed on her property and along the base of the mountains. ALAN PERRIER, 3001 Tahquitz-McCallum, Palm Springs, explained that he ;k represented Mr. Fox, owner of 97 acres in the study area. He felt that the proposals were not adequately understood and severely limited his client's property. A great deal of time and effort went into the Palm Valley Specific Plan and implementation of its recommendation could result in high quality attractive development. He also objected to the prohibition of hotel development in the new plan's zone. He requested that the commission study the issues more thoroughly before making a decision. ROBERT RICCIARDI, 42-600 Bob Hope Drive, Rancho Mirage, stated that he represented owners of 50 acres in the study area and argued that the slope formula and the development options were too rigid. He favored proposals which would give the commission greater flexibility in determining density and grading. He also requested a continuance so that alternative proposals could be developed. Vice Chairman Richards felt that the plan was not clear to the property owners in informing them of the number of dwelling units they could develop; more precise information as to permitted land uses should be provided. He concluded that this matter should be continued until then. Moved by Commissioner Crites, seconded by Commissioner Wood, to continue the public hearing to a special meeting on November 8, 1982, at 7:00 p.m. for further study. C. CASE NO. PP 01-82 - J.P. CONSTRUCTION, INC., Applicants Request for approval of a precise plan to allow construction of three industrial buildings on a 101,045 ' sq.ft. parcel in the S.I. zone on the north side of Mayfair Drive, east of Green Way. Mr. Sawa reviewed the staff report and recommended approval. Vice Chairman Richards opened the public hearing and asked if the applicant wished to make a presentation. MR. SVEND PEULIKCE, 74-831 Velie Way, stated he had not reviewed the conditions of approval and was not sure he concurred with them. Commission asked the applicant if he wished to continue this case to the next meeting. Mr. Peulikce agreed. Moved by Commissioner Crites, seconded by Commissioner Wood, to continue this matter to the meeting of October 19, 1982, to allow the applicant further review of conditions of approval. V. ANNUAL ELECTION OF OFFICERS - 1982/83 A. Nomination for Chairman Motion was made by Commissioner Crites, seconded by Commissioner Richards, to nominate Commissioner Wood for Chairman for the year 1982/83. Carried unanimously. B. Nomination for Vice Chairman Motion was made by Commissioner Wood, seconded by Commissioner Crites, to nominate Commissioner Richards for Vice Chairman for the year 1982/83. Carried unanimously. -4- MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 1982 IX. DESIGN REVIEW BOARD ITEMS - NONE XI. ORAL COMMUNICATIONS - NONE XII. COMMENTS - NONE vow XIII. ADJOURNMENT Moved by Commissioner Crites, seconded by Commissioner Wood, to adjourn the meeting at 10:22 p.m. RAMON A. DIAZ ATTEST: RALPH WOOD, Chairman Ar -5-