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HomeMy WebLinkAbout0228 MINUTES PALM DESERT PLANNING COMMISSION MEETING MONDAY - FEBRUARY 28, 1983 7:00 P.M. - CITY HALL COUNCIL CHAMBERS � � � * � � � � � * * � � * � � � � � � � * � * � � � � � � * * � A STUDY SESSION WAS HELD IN THE CITY MANAGER'S OFFICE PRIOR TO 'fHE MEETING. I. CALL TO ORDER Chairman Wood called the meeting to order at 7:00 p.m. � II. PLEDGE OF ALLEGIANCE - Commissioner Crites III. ROLL CALL Members Present: Commissioner Crites Commissioner Richards Chairman Wood Members Absent: Commissioner Kryder Commissioner powns Staff Present: Ramon Diaz Stan Sawa Phil Joy Linda Russell Barry McClellan Eric Vogt IV. APPROVAL OF MINUTES: February 15, 1983 Commissioner Kryder was not present but wanted a correction to the minutes: Under Urgent Care Facility, page three, note that Commissioner Kryder was opposed to the proposed ordinance. � On a motion by Commissioner Crites, seconded by Commissioner Richards, the minutes were approved as corrected; carried unanimously 3-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the actions of the council from the meeting of February 24, 1983. VI. CONSEN"I" 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 03-80 and PM 16258, WARMINGTON-CARMA c/o Vf/AGNER- STANFORD CONSULTANTS Approval of a one year time extension for a development plan and parcel map to allow construction of a 876 rentable room hotel/condominium project on 29.3 acres, on the west side of Highway 111, south of Fred Waring Drive. � Rec: Approve as presented. On a motion by Commissioner Richards, seconded by Commissioner Crites, the consent calendar was approved as presented by staff; carried unanimously 3-0. MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 28, 1983 � * * � � � * * � � � � � � � � � � � � � � � � � * * * * � * * * VII. PUBLIC HEARINGS A. Continued Case No. PM 19077 - CHARLES GIBBS, Applicant Request for approval of a parcel map to create one industrial parcel in the S.I., S.P. zone located on the north side of 42nd Avenue, 312 feet west of Eclectic Street. Mr. Joy reviewed the staff report and explained that it will be required to provide improvements along 42nd Avenue per the Subdivision Map Act and city codes. These requirements are addressed in the conditions of approval. Staff ,� recommended approval. Chairman Wood o ened the public hearing and asked if the applicant wished to make a presentation. MR. CHARLES GIBBS, 70-673 Oroville Circle, Rancho Mirage, asked if it were possible for the commission to relieve him from any of the improvements stipulated in the conditions. He introduced Mr. Housley to address those conditions. MR. HAROLD HOUSLEY, engineer for the project, asked if the fire marshal's conditions could be fulfilled at the time of development since they intend to complete the water and sewer system improvements at that time. Mr. Vogt, fire marshal, explained that he was concerned with this because the overall needs of the area may not be met. Also, if the improvements are delayed the purchaser of this property should know that the delayed public improvements are to be installed prior to construction. Commissioner Richards asked if it were possible for the developer to show a plan of the total improvements and install those improvements as development occurs. Mr. Vogt explained that complications could occur in that a substandard piecemeal system could be developed if sufficient improvements are not initially required. Mr. Vogt further explained that a bond could be posted for an adequate water ,,,� system and all other required improvements (access, hydrants, etc.) but was concerned that this may be difficult to enforce. Mr. Housley in addressing Condition No. 9, which states "Improvement plans for water and sewer systems shall be approved by the respective service districts" asked for a clarification on the meaning because it was his understanding that the service districts only require improvement plan when construction is proposed. Mr. Diaz explained that he could not dispose of a parcel until the water and sewer system plans are approved and the final parcel map could not be filed until these are approved. Mr. Diaz further stated that the district had been notified of this parcel map and the city would abide by whatever the water district requires. Mr. Housley indicated that he would be willing to put a notice on the map stating that required improvements would be installed at the time of development. Mr. McClellan stated that he would agree to whatever the water district requires with a letter from the water district addressed to the city stating their requirements. His concern also was that if they were not required to make the improvements until development occurred and the land was sold then the new owner of the land may not know the extent of his responsibilities as far as improvements are concerned; a note on the map would be one way of handling this problem. Mr. McClellan also wanted it noted that a bond could be posted by anyone whether it is the present owner of land or a future buyer. Mr. Gibbs stated that he has met with Mr. Levy of the water district and stated � that the water district would be willing to defer any required improvements until time of development. Mr. Gibbs' main concern on this case was the expense of the water and sewer system and would prefer not to bond. He agreed to include a note on the parcel map making sure the public and any potential buyers for this land would know of the modification. For clarification, Mr. Diaz pointed out that staff did not recommend this modification but if commission agreed to it, the applicant should obtain written -2- MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 28, 1983 � � � � � � � � � � � � � � � � � � � � � � � � � � � � -� � � � � approval from the water district. Chairman Wood agreed and added that a note would be included on the map. Mr. Diaz clarified again that the applicant does not wish to bond but execute this map with a note in order that all conditions set forth can be postponed. Mr. Gibbs stated he would be willing to bond for the street but not for the water and sewer because it is not needed at this time. ' Commissioner Richards agreed that with note on this map, this was sufficient to pass as presented by staff. Commissioner Crites also agreed. �.�. Mr. Vogt clarified his position on the matter and stated that he did not recommend that the improvements be postponed. Further discussion continued regarding the required improvements and it was still not clear as to how much of a financial hardship these conditions would create for the applicant. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. MR. GEORGE BERKEY, 73-625 Joshua Tree Street, asked why it was necessary for the new improvements to be brought to adjacent property lines; most developers expect to install improvements. Mr. Diaz and Mr. McClellan explained that these are standard conditions and are similar to the ones for curb and gutter (i.e. required for entire length of property). After clarification was given it was the concensus of the commission that a condition should be added to read: "Any waivers or modifications by the respective service districts shall be noted on the map and recorded." Chairman Wood closed the public hearing and asked for the pleasure of the commission. �rs On a motion by Commissioner Crites, seconded by Commissioner Richards, findings were approved as recommended by staff; carried unanimously 3-0. On a motion by Commissioner Crites, seconded by Commissioner Richards, Planning Commission Resolution No. 842 was adopted, approving PM 19077, subject to conditions; carried unanimously 3-0. B. Case No. CUP 03-83, KENTUCKY FRIED CHICKEN AND CARLSON DESIGN AND CONSTRUCTION CO., Applicants Request for approval of a conditional use permit to allow expansion to restaurant in the C-1, S.P. zone located near the southeast corner of Palm Desert Drive South and Lupine Lane. Mr. Joy reviewed the staff report and recommended approval. Chairman Wood asked if there are any parking problems in that area at the present time. Mr. Diaz replied that there weren't. Chairman Wood o ened the public hearing and asked if the applicant wished to �,... make a presentation. MR. DAVE CARLSON, representative for the owner, noted that this expansion would be at the owners expense. He understood and agreed to all conditions and was present to answer any questions. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the public hearing was closed. On a motion by Commissioner Richards, seconded by Commissioner Crites, the -3- MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 28, 1983 � � � * � � * � � � � � � � � � � � � � � � � � � � � � � � * � � findings were approved as recommended by staff; carried unanimously 3-0. On a motion by Commissioner Richards, seconded by Commissioner Crites, Planning Commission Resolution No. 843 was adopted, approving CUP 03-83, subject to conditions; carried unanimously 3-0. C. Case No. CUP 04-83, FIRST BAPTIST CHURCH OF PALM DESERT, Applicant Request for approval of a conditional use permit to locate � a trailer for a maximum of two years at an existing church in an R-2 zone located on the north side of Santa Rosa Way, 215 feet east of San Pablo Avenue. Mr. Joy reviewed the staff report and noted that staff had not received any letters in opposition. Staff recommended approval. Chairman Wood o ened the public hearing and asked if the applicant wished to make a presentation. MR. JIM WILSON, 83-324 Fred Waring Drive, stated they were willing to meet any conditions necessary. Chairman Wood asked if there was anyone present who wished to speak in FAVOR or OPPOSII'ION to this case. There being none, the public hearing was closed. Commissioner Richards stated he was willing to support this case only because there was no one present to give opposition to this case. On a motion by Commissioner Crites, seconded by Commissioner Richards, the findings were approved as recommended by staff; carried unanimously 3-0. On a motion by Commissioner Crites, seconded by Commissioner Richards, � Planning Commission Resolution No. 844 was adopted, approving CUP 04-83, subject to conditions; carried unanimously 3-0. VIII. DESIGN REVIEW BOARD ITEMS Preliminary plan approvals by the design review board at its meeting of February 22, 1983, requiring planning commission confirmation. A. Case No. 179 C - KENTUCKY FRIED CHICKEN AND CARLSON DESIGN AND CONSTRUCZ'ION CO., Applicant Preliminary approval of plans for addition to Kentucky Fried Chicken restaurant located at the southeast corner of Palm Desert Drive South and Lupine Lane. Upon motion by Commissioner Richards, seconded by Commissioner Crites, the design review board approval of Case No. 179-C was confirmed by minute motion; carried unanimously 3-0. IX. MISCELLANEOUS ITEMS - NONE X. ORAL COMMUNICATIONS - NONE � XI. COMMENTS - NONE -4- MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 28, 1983 � � � � � � � � � � � � � * � � -� � � � � � � � � � � � � � � � * XII. ADJOURNMENT On a motion by Commissioner Crites, seconded by Commissioner Richards, the meeting was adjourned at 8:41 p.m; carried unanimously 3-0. �• A I�ION A. DIAZ, Secret y ATTEST: ����`'/ ` -�5.�..a�,�/ RALPH B. WOOD, Chairman /lr � �. -5-