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HomeMy WebLinkAbout0315 MINUTES PALM DESERT PLANNING COMMISSION MEE'fING TUESDAY - MARCH 15, 1983 2:00 P.M. - CITY HALL COUNCIL CHAMBERS � � � � � � * � � � � * * � � � * * � � � � * � � * � � � * � � � I. CALL TO ORDER The meeting was called to order at 2:10 p.m. by Chairman Wood. II. PLEDGE OF ALLEGIANCE - Commissioner Kryder � III. ROLL CALL Members Present: Commissioner Crites Commissioner Kryder Commissioner Richards Chairman Wood Excused Absent: Commissioner powns Staff Present: Ray Diaz Stan Sawa Phil Drell Phil Joy IV. APPROVAL OF MINUTES: February 28, 1983 Moved by Com missioner Crites,seconded by Com missioner Kryder,to approve the minutes as submitted; carried unanimously 4-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz reported that there were no items before the council at its March 10, �rr► 1983, meeting relating to the planning commission. VI. CONSENT CALENDAR - NONE VII. PUBLIC HEARINGS A. Case No. ZOA 12-82 - INITIATION BY CITY OF PALM DESERT Creation of provision of standards for the installation of home satellite receivers (Television dish antenna). Mr. Joy delivered the staff report. He stated that the need for the city to adopt some type of regulation was was voiced by the commission in August 1982. After researching the problem it was determined that there were three areas where receivers could be installed; Planned Unit Developments, non- PUD residential areas, as well as commercial and industrial areas. Mr. Joy reviewed the concerns related to each area. Mr. Joy then reviewed the ordinance and recommended that the commission recommend approval to the city council. Commissioner Richards asked if other cities had regulated the aesthetic problems associated with dish antennas. Mr. Joy responded that no other city was found that regulates these antennas; but Rancho Mirage had been considering regulation. � Commissioner Kryder asked if two neighbors could share an antenna. Mr. Joy responded yes but that setbacks would be adhered to in order to avoid future problems. Commissioner Crites stated his concern that the proposal could deny someone the right to install the antenna if their property were situated so that screening the antenna from street view were impossible. Mr. Diaz replied that the intent was to hide the dish antenna when possible but not prohibit them. The effort should be made to screen the list from view. MINUTES PALM DESERT PLANNING COMMISSION MARCI-I 15, 1983 � � � � * * � � � � � * � � -� � � � � * * � � * � * � � * * � -� � Commissioner Kryder asked about the overall height of the antenna; he was concerned that 14 feet was too high and that in the R-1 area should have a lower height. Mr. Diaz responded that staff was attempting to set a maximum height limit consistent with present height limitations. Commissioner Crites stated the size of dish was related to the distance from Omaha, Nebraska, which was the central dispensing point of television signals ` received from satellites. ""� Chairman Wood opened the hearing and asked for testimony in FAVOR or OPPOSITION; no one wishing to speak, the hearing was closed. Chairman Wood asked for comments by the commission. He stated he was concerned about allowing such antennas without some kind of public hearing or review. Commissioner Richards stated he had problems with some of the restrictions. Commissioner Kryder felt the commission should receive a presentation on the limits of sizes of antennas to determine proper height restrictions. He also stated that more information was needed to make a proper decision. Commissioner Crites stated that he wasn't sure if any ordinance could be written to cover all concerns. Chairman Wood asked if anyone could prohibit the installation of dish antennas. Mr. Diaz replied that the antennas could not be prohibited absolutely. Chairman Wood stated that he did not wish approvals without adjoining "' property owners being notified. "'� Mr. Diaz responded that to create a hearing process would result in problems, because such antennas couldn't be prohibited but just controlled; and this could result in further frustrations. Commissioner Crites requested that: l. The secretary receive an opinion from the city attorney if the antennas could be prohibited. 2. Those commissioners desiring further information could request staff for clarification before the next hearing. 3. Staff revise the ordinance to cover aesthetic considerations and criteria. Commissioner Richards asked that the design review board study the matter and the secretary report their findings to the commission. Chairman Wood wanted information why public hearings shouldn't be held. Moved by Commissioner Crites, seconded by Commissioner Kryder, to continue this matter to April 19, 1983, with staff to respond to the above items; carried unanimously 4-0. B. Case No. ZOA 01-83 - INITIATION BY CITY OF PALM DESERT � Amendment to Municipal Code Chapter 25.58, concerning off-street parking. Mr. Diaz stated that since the amendment was scheduled for hearing further concerns relating to current industrial and senior citizen housing parking requirements have arisen. He recommended that the hearing be opened and continued to April 5, 1983. -2- MINUTES PALM DESERT PLANNING COMMISSION MARCH 15, 1983 � � * -� � � -� � * � -� � � � � � � � � � � � * � � � � � � * � � � Chairman Wood opened the hearing. Moved by Commissioner Kryder, seconded by Commissioner Richards, to continue the case to meeting of April 5, 1983; carried unanimously 4-0. C. Case No. ZOA 02-83 - INITIATION BY CITY OF PALM DESERT �, Creation of Chapter 25.37 setting forth procedures and requirements for development agreements. Mr. Drell delivered the staff report. He stated that the ordinance change was generated by the West Hills Specific Plan and the recommendation of the joint commission and council Hillside Committee II. Mr. Drell summarized the salient points of the ordinance, pointing out that the agreement constituted a contract between the developer and the city. Mr. Drell stressed that the ordinance does not in and of itself approve an agreement but establishes the procedure. Mr. Drell also stated that any agreement could be placed on a referendum. Commissioner Crites asked if this was selling zoning? Mr. Drell said no. Commissioner Crites expressed concern that commissions and councils could act contrary to the public interest. Mr. Diaz responded that any agreements could be put to a referendum and was not absolved from the initiative process. Chairman Wood opened the hearing for public testimony; there being no one wishing to testify the public testimony portion of the hearing was closed. �, Chairman Wood stated this was not a "gimmick" but a tool that has been available for years. Commissioner Richards stated that the matter had been studied extensively and this was an attempt to resolve to a sensitive problem Moved by Commissioner Richards, seconded by Commissioner Kryder, to adopt Planning Commission Resolution No. 845, recommending to the city council approval of ZOA 02-83, creating Chapter 25.37 - Development Agreements; carried 3-1 (Commissioner Crites voting Nay). VIII. DESIGN REVIEVf/ BOARD ITEMS Preliminary plan approvals by the design review board at its meeting of March 8, 1983, requiring planning commission confirmation. A. Case No. 242 MF - EDWARD F. REED TRUST Preliminary approval of plans for a three unit apartment on the west side of Las Palmas Avenue between Alessandro Drive and San Gorgonio Way. Mr. Sawa gave the report. Moved Commissioner Crites, seconded by Commissioner Richards, to approve � design review board's action; carried unanimously 4-0. IX. MISCELLANEOUS ITEMS - NONE X. ORAL COMMUNICATIONS XI. COMMENTS Commissioner Crites asked staff to look into the issue of required solar findings on tentative tract maps. -3- MINUTES PALM DESERT PLANNING COMMISSION MARCH 15, 1983 � � � � � * � � � � � � � � � � � � � � � � � � � * -� � � * � � � XII. ADJOURNMENT The commission unanimously adjourned the meeting at 3:30 p.m. . R MON A. DIAZ, Sec tary ATTEST': ,,,� ��. � � ,�,/`r��E� �✓�,d✓2� RALPH B. WOOD, Chairman � � -4-