HomeMy WebLinkAbout0315 MINUTES
PALM DESERT PLANNING COMMISSION MEE'fING
TUESDAY - MARCH 15, 1983
2:00 P.M. - CITY HALL COUNCIL CHAMBERS
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I. CALL TO ORDER
The meeting was called to order at 2:10 p.m. by Chairman Wood.
II. PLEDGE OF ALLEGIANCE - Commissioner Kryder
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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,
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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.
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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
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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.
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MINUTES
PALM DESERT PLANNING COMMISSION
MARCH 15, 1983
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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.
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MINUTES
PALM DESERT PLANNING COMMISSION
MARCH 15, 1983
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XII. ADJOURNMENT
The commission unanimously adjourned the meeting at 3:30 p.m.
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R MON A. DIAZ, Sec tary
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RALPH B. WOOD, Chairman
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