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HomeMy WebLinkAbout0802 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - AUGUST 2, 1983 7:00 P.M. - CITY HALL COUNCIL CHAMBERS A STUDY SESSION WAS HELD IN THE CITY MANAGER'S OFFICE PRIOR TO THE MEETING AT 4:30 P.M. I. CALL TO ORDER - 7:05 P.M. II. PLEDGE OF ALLEGIANCE - Commissioner Crites III. ROLL CALL Members Present: Commissioner Crites Commissioner Downs Commissioner Kryder Vice Chairman Richards Excused Absent: Chairman Wood Staff Present: Ramon Diaz Stan Sawa Phil Joy Barry McClellan Linda Russell IV. APPROVAL OF MINUTES: July 19, 1983 Moved by Commissioner Kryder, seconded by Commissioner Downs, to approve the minutes as submitted; carried unanimously 4-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the actions of the council for the meeting of July 28, 1983. 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. CUP 10-78 and 143 MF - DUAINE K. BRICKER AND ASSOC., Request for a one year extension of time for a conditional use permit and preliminary architectural review case to allow construction of a 16 unit condominium project. Moved by Commissioner Downs, seconded by Commissioner Crites, to deny consent calendar item CUP 10-78 and 143 MF, due to various changes made to building codes; carried unanimously 4-0. VII. PUBLIC HEARINGS A. CASE NO. C/Z 09-81 - WESTERN ALLIED PROPERTIES, INC. AND PLANNING CENTER, Applicants Request for approval of a preannexation change of zone from R-1 (one family dwelling) (Riverside County zoning) to PCD (UA) (planned community development overlay zone, upon annexation) and approval of a community master plan to allow development of 1266 residential units, a 300 unit hotel and related recreational facilities on land primarily on the west side of Highway 74, immediately south of the existing Palm Desert city limits. MINUTES PALM DESERT PLANNING COMMISSION AUGUST 2, 1983 Mr. Sawa reviewed the staff report and noted there were several reasons for recommending continuance. A letter from the Coachella Valley Water District was received informing staff that no arrangements have been made to insure service will be available. LAFCO cannot process annexation until a letter from CVWD is received stating they "will serve". Also, development is proposed on portions of this property which contain slopes greater than 10%; these areas should have the hillside development standards applied to them or the areas should be retained as open space; the plan as submitted was in conflict with this criteria. Mr. Sawa also stated that the dedication of all the land designated for open space should occur in one phase. Mr. Sawa reviewed the recommended amendments to the developer's Planned Community District Regulations report. It was noted that three letters were received from property owners in the Cahuilla Hills opposing the project. The letters in opposition were from Marvin Bledsoe, 2166 Grandview St., Oceanside; Harriett Bledsoe 71-200 Cholla Rd., Cahuilla Hills. Ms. Ann Cooper wrote a letter requesting a continuance to allow further public input. Commissioner Richards opened the public hearing and asked for the applicants' presentation. MR. TOM CLARK, general counsel, introduced Dan Pasilovich and Dick Romella. He clarified a few points made by staff and explained that since this was only a zone request the letter needed by CVWD would in time be obtained but it was a premature concern by staff. The steps he believed would be taken for this project were: 1) zone change; 2) letter from CVWD; 3) engineering process; 4) subdivision process; 5) development of property. MR. DICK ROMELLA, of the Planning Center, 240 Center Dr., Newport Beach, explained the process of the plan for this development. He described the project noting that it is consistent with the general plan. He felt the issues were hillside zoning; deletion of the conditional hotel area; drainage fees; and, the "will serve" letter. In addressing the dedication of the open space areas in one phase, he felt that as part of the phasing map they could release the open space land as it is developed. He reviewed the amendments to the PCD regulations and felt that overall there were only the same four issues involved. A FIVE MINUTES RECESS WAS CALLED -- THE MEETING RECONVENED AT 8:25 P.M. Mr. Clark also explained that regarding the dedication of the property to BLM it is very important that it be done on an incremental basis due to financing. In addressing the mitigation measures for the project identified in the Negative Declaration of Environmental Impact, he objected to Items b and c, under WATER (drainage). This referred to the dedication and monetary contribution to the construction of the Palm Valley Storm Channel; and the drainage fees to be kept in trust pending a study of the Palm Desert Master Plan of Drainage. Mr. Diaz explained that in most cases a master plan of drainage is already completed and fees are set. In this case they are not, therefore, a trust fund is necessary for this and mitigation measures need to be addressed in the zoning phase of the project rather than in the subdivision phase. Mr. McClellan also explained that the existing Master Plan of Drainage only includes the property within the city and excludes the proposed project. He felt a study could be completed within 3 to 4 months. Commissioner Richards felt there were major problems unsolved and because of this he requested staff to seek the city attorney's interpretation of the PCD municipal code requirements in relation to the CVWD letter. He also felt that property owners in that area would be affected and they should be given an opportunity to voice their opinions. He believed that asking the developer to put a large sum of money in a trust for drainage was asking too much. Commissioner Kryder agreed that to require the developer to put money in a trust was not the proper solution. -2- MINUTES PALM DESERT PLANNING COMMISSION AUGUST 2, 1983 Commissioner Crites suggested that the city engineer and the developer meet to resolve how much of a fee would be necessary for the drainage. He also suggested that alternatives be investigated (i.e. bonding). Commissioner Richards asked if anyone present wished to speak in FAVOR or OPPOSITION to this project. MR. WILLIAM COX, president of the Cahuilla Hills Property Owner's Association, 71-555 Jaguar, stated that his main concern was safe access to Highway 74 from his area. He felt that there should be some system provided for safe traffic access to the highway once Bella Vista is developed. Mr. Diaz responded that signalization was not warranted at this time and the highway would be widened as a part of this development. Mr. McClellan also explained that a turning lane is proposed to be constructed. MR. ALAN SHACK, vice president of Cahuilla Hills Homeowner's Association, requested the public hearing be continued to give the area homeowners who could not attend the meeting tonight a chance to give testimony. He strongly opposed the project because he felt it would create some adverse ecological affects, traffic impact, sound impacts, and light impacts. He felt that the original idea was to maintain a "vacation" or "homestead" area. He also felt wildlife would be affected. He pointed out that previous studies showed the geological character of the area to be unfavorable. Mr. Shack wanted a clarification as to what type of recreation is proposed and where fencing of the project would be constructed. Commissioner Crites asked staff to respond to the geological study. Mr. McClellan was not aware of any studies in that area but the State Map Act requires that all subdivisions have soils investigations. Mr. Romella described the types of recreation (tennis, swimming, etc) and explained that only the immediate area of recreation would be fenced, none of the open space would be. The major issues were again clarified by Commissioner Richards as: 1) Hillside zone, 2) the deletion of the 10-a area (conditional hotel), 3) open space dedication, and 4) the "will serve" letter by CVWD. Moved by Commissioner Crites, seconded by Commissioner Downs, to continue this case to meeting of September 6, 1983, to allow further public testimony and allow applicant and staff to clarify issues; carried unanimously 4-0. B. CASE NO. ZOA 07-83 - CITY OF PALM DESERT, Applicant Proposed amendment to allow auction houses or galleries in the C-1 zone with a conditional use permit. Mr. Diaz reviewed the staff report and indicated that this amendment was initiated because of a request for an auction house on Highway III by Mr. Arthur Levine. Staff recommended approval. Commissioner Richards opened the public hearing and asked if anyone present wished to speak in FAVOR or OPPOSITION to this matter. There being none, the .. public hearing was closed. Moved by Commissioner Crites, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 871, recommending approval of ZOA 07-83 to the city council; carried unanimously 4-0. C. CASE NO. CUP 16-83 - ARTHUR LEVINE, Applicant Request for approval of a conditional use permit to allow -3- MINUTES PALM DESERT PLANNING COMMISSION AUGUST 2, 1983 an auction house or gallery in the C-1, S.P. zone at 73-175/ 73-185 Highway 111. Mr. Sawa reviewed the staff report and described the gallery as having two sections - one for the reception area and the other for the auctions. He noted the restrictions on the hours to assure there would be sufficient parking spaces. Staff recommended approval based on the required findings being met. Commissioner Richards opened the public hearing and asked if the applicant wished to make a presentation. MR. ARTHUR LEVINE„ 15580 Desert View Rd., Whitewater, stated that they would never be opened later than 10:30 p.m. He had permission from the neighboring businesses to use their parking lots. He concurred with the conditions and requested approval. Commissioner Richards asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the public hearing was closed. Commissioner Kryder asked why the restriction of auctions not beginning before 8:30 p.m. was imposed. Mr. Sawa replied that staff felt they should not start auctions before other businesses close due to parking demands, and the applicant had requested that time. Moved by Commssioner Downs, seconded by Commissioner Crites, to approve findings as recommended by staff; carried unanimously 4-0. Moved by Commissioner Crites, seconded by Commissioner Kryder, to adopt Planning Commission Resolution No. 872, approving CUP 16-83, subject to conditions; carried unanimously 4-0. D. CASE NOS. PP 09-83 and ADJ 04-83 - ROBERT ROTTSCHAEFER, M.D., AND BERNARD LEUNG & ASSOCIATES, Applicants Request for approval of a precise plan of design to allow construction of an 11,880 square foot office building in a C-1 zone, located on the north side of Larrea Street, 300 feet west of Prickly Pear Lane and 500 feet east of San Luis Rey Avenue. Mr. Joy reviewed the staff report and explained how they would provide sufficient parking spaces. Staff recommended approval. Commissioner Downs asked for a clarification on the square footage of the building. Mr. Joy replied that 20,000 square feet was the size of the site, 11,880 square feet was the size of the building. Commissioner Richards opened the public hearing and asked if the applicant cared to make a presentation. BERNIE LEUNG, architect, stated that they had to meet two design criteria - one for the Palm Desert Property Owner's Association and the other for the City of Palm Desert. He felt both were met and requested approval. Commissioner Richards 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 Kryder, seconded by Commissioner Downs, to approve I findings as recommended by staff; carried unanimously 4-0. too Moved by Commissioner Kryder, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 873, approving Case No. PP 09-83 and ADJ 04-83, subject to conditions; carried unanimously 4-0. E. CASE NO. PP 10-83 - WILL MENDELL AND STEVEN H. SULLIVAN, Applicants -4- MINUTES PALM DESERT PLANNING COMMISSION AUGUST 2, 1983 Request for approval of a 1500 square foot addition to an existing furniture store at 74-104 Highway 111. Mr. Joy reviewed the staff report and stated that the addition would only serve as storage space. He explained that the parking is nonconforming but the code only required three additional parking spaces for this addition and the applicant would provide those in the rear area which would be enclosed by a six foot block wall and manually operated gates. Staff recommended approval. Commissioner Richards opened the public hearing and asked for the applicant's presentation. MR. WILL MENDELL, Desert Island Country Club, Rancho Mirage, thanked staff for their thorough efforts. He felt these improvements would enhance the area. Commissioner Crites asked the applicant if he felt the employees would utilize the parking spaces with the manually operated gates. Mr. Mendell assured commission he would insist on it. Commissioner Richards 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 Kryder, seconded by Commissioner Downs, to approve findings as recommended by staff; carried unanimously 4-0. Moved by Commissioner Kryder, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 874, approving Case No. PP 10-83, subject to conditions; carried unanimously 4-0. F. CASE NO. CUP 13-83 - RICHARD AND JUNE DI NUOSCIO, Applicants Request for approval of a conditional use permit to allow a 1317 square foot restaurant in the C-1 zone (general commercial) located at the northwest corner of El Paseo and Sage Lane. Mr. Diaz reviewed the staff report and explained how parking spaces would be provided. He noted several letters from tenants in this center were received in favor of the restaurant. Staff recommended approval. Commissioner Richards opened the public hearing and asked for the applicant's presentation. MRS. JUNE DI NUOSCIO, 162 Madrid Ave., stated they would have indoor and outdoor seating. She felt the restaurant would be beneficial to the area. The restaurant would be called "Friends". Commissioner Richards 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 Crites, seconded by Commissioner Downs, to approve findings as recommended by staff; carried unanimously 4-0. Moved by Commissioner Crites, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 875, approving Case No. CUP 13-83, subject .. to conditions; carried unanimously 4-0 G. CASE NO. CUP 15-83 - EL PASEO VILLAGE, c/o ERIK WATTS, Applicant Request for approval of a conditional use permit to allow a 2546 square foot restaurant in a C-1, S.P. zone (general commercial, scenic preservation overlay) located near the corner of E1 Paseo and Lupine Lane in El Paseo Village. -5- MINUTES PALM DESERT PLANNING COMMISSION AUGUST 2, 1983 Mr. Joy reviewed the staff report and recommended approval. Commissioner Richards opened the public hearing and asked for the applicant's presentation. MR. RICK SEIDNER, 73-130 Shadow Mountain, owner of the Sandwich Shoppe on El Paseo, explained that he was basically opening an extension of his existing business. He requested approval. Commissioner Richards 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 Crites, seconded by Commissioner Downs, to approve findings as recommended by staff; carried unanimously 4-0. Moved by Commissioner Crites, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 876, approving Case No. CUP 15-83, subject to conditions; carried unanimously 4-0 IX. MISCELLANEOUS ITEMS A. BARMAN AND ASSOCIATES - L' Palm Hotel on south side of El Paseo, between Lupine Lane and Sage Lane (Oral presentation during study session). Mr. Barman and his associates gave a presentation during study session. Commissioners were receptive to their idea with some concern for a proposed three story area. Because two zoning ordinance amendments (height and density) would be necessary for this project, commission suggested the applicants make a presentation to council. B. ZOC 01-83 - Adoption of a Planning Commission Resolution relative to a clarification of the Palm Desert Zoning Ordinance concerning car washes in the PC(3) zone. Moved by Commissioner Crites, seconded by Commissioner Kryder, to adopt Planning Commission Resolution No. 877, approving a zoning ordinance clarification relationg to car washes in the PC (3) zone; carried unanimously 4-0. X. ORAL COMMUNICATIONS - NONE XI. COMMENTS - NONE XII. ADJOURNMENT Moved by Commissioner Crites, seconded by Commissioner Downs, to adjourn the meeting at 9:05 p.m. 4�AMON A. DIAZ, Sec tary ATTEST: JAMES RICHARDS, Vice Chairman /lr -6-