Loading...
HomeMy WebLinkAbout0906 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - SEPTEMBER 6, 1983 7:00 P.M. - CITY HALL COUNCIL CHAMBER I. CALL TO ORDER Chairman Wood called the meeting to order at 7:04 p.m. II. PLEDGE OF ALLEGIANCE - Commissioner Erwood III. ROLL CALL Members Present: Commissioner Crites Commissioner Downs Commissioner Erwood Commissioner Richards Chairman Wood Others Present: Ramon Diaz Stan Sawa Phil Drell Phil Joy Barry McClellan Eric Vogt Linda Russell IV. APPROVAL OF MINUTES: August 16, 1983 Moved by Commissioner Downs, seconded by Commissioner Richards, to approve the minutes as submitted; carried 4-0-1 (Erwood abstaining). V. SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the actions of the council from their meeting of August 25, 1983. VI. CONSENT CALENDAR - NONE VII. PUBLIC HEARINGS A. CONTINUED CASE NO. C/Z 09-81 - WESTERN ALLIED PROPERTIES, INC., APPLICANT AND PLANNING CENTER, REPRESENTATIVE Request for approval of a Negative Declaration of Environmental Impact, and 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. Mr. Diaz explained that this case was continued from the meeting of August 2, 1983, to work out areas of concerns. He noted that a letter was received by Janet M. Pierce opposing the project. Mr. Diaz outlined the main concerns being: 1) dedication of open space to an agency approved by the city; 2) hillside area to be . r part of open space dedication; 3) right-of-way dedication for Palm Valley Channel; and, 4) "will serve letter" requirement (memo from city attorney recommending an agreement be signed). He added that another issue was the establishment of a drainage fee fund. Mr. Diaz reviewed the city attorney's recommendation that an agreement be executed with the Coachella Valley Water District prior to approval. Staff recommended continuance until this agreement is obtained. Chairman Wood opened the public hearing and asked if the applicant wished to -1- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1983 make a presentation. MR. TOM CLARK, general counsel for Western Allied Properties, indicated that a letter had been received from the Coachella Valley Water District agreeing to serve upon annexation; he stated that since this was a main concern of Mr. Diaz he notified LAFCO for confirmation of acceptance of this letter; LAFCO agreed to support application with that letter. He requested a decision be made tonight regarding this project. Commissioner Downs asked Mr. Clark if he had any investment interests in this project. Mr. Clark replied that he was general counsel for this project and an officer of Wester Allied Properties; he did not own any shares. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this project. OPPOSITION: ANN COOPER, 71-900 Cahuilla Way, stated she owns two homes in Cahuilla Hills and that 90% of the area residents oppose the proposed density. She noted a petition was on file and reviewed all the reasons for this opposition. BARBARA DAMRIL, 73-880 Flagstone, believed that over-development would cause Palm Desert to lose its appeal. JOSEPH CADY, Jaquar Cahuilla Hills, felt the project should have a buffer zone. He added that the hills are unique and would like to keep them that way. ALAN SHACK, 49-125 Cat Canyon, Cahuilla Hills, stated that a report was submitted to the city explaining the negative geological effects in that area. He felt that one home per acre was sufficient; higher density would ruin the hills and destroy the atmosphere. Mr. Clark addressed the five issues of concern: Dedication of open space - he was agreeable; 10a area - suggested hillside overlay zone be applied; right-of-way dedication - he felt was still a problem; "will serve letter" - has been obtained and should be sufficient; drainage fees - should be no problem. He added that boundaries for the hillside overlay zone needed to be clarified and introduced Mr. Romella. MR. DICK ROMELLA, planning consultant, believed that a hillside ordinance would not be needed if the open space area is to be given to a public agency. He felt that the criticisms received over the density were not valid because their proposed density is less than the general plan allows. Mr. Diaz informed commission that staff agrees with applicant on the northern boundary drawn for area 13 dedication as open space. The proposed resolution will so indicate. Chairman Wood closed the public hearing and asked for commission input. Commissioner Crites asked staff if a report had been submitted indicating any unsafe geological effects. Mr. Diaz replied that a report was received dated 4-8- 81 from the Riverside County Planning Department as part of the applicant's submittals to that agency and the city participated in that study. In regards to density, staff felt 1.9 d.u./acre was acceptable. He added that the city's safeguard in terms of development is the requirement for public hearings through the development plan process. He concluded that there were no unusual geological ..�r conditions on the site. Chairman Wood asked staff for its recommendation: Mr. Diaz responded that staff would recommend continuance per the city attorney memorandum. However, based on commission discussion and if the commission wished to move the matter he would recommend a motion to: "To instruct staff to prepare a resolution for adoption of C/Z 09-81, -2- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1983 recommending to the city council approval of this zone change and master plan, subject to the conditions set forth in the staff report dated August 2, 1983; and, the recommended amendments to the developer's proposed PCD regulations and the mitigation measures identified in the environmental documents concerning this project. In addition, resolution is to require the applicant to dedicate all rights-of-way within the project area necessary to develop the Palm Valley Channel and necessary ancillary facilities. Dedication of open space is to be accomplished by irrevocable offer to dedicate. Area 10a to fall under hillside development standards." low Commissioner Richards disagreed with the city attorney's opinion to execute an agreement and suggested the letter by CVWD be accepted. For clarification, he asked staff to review what the recommendation was for area 10a. Mr. Diaz replied that originally staff was recommending that 10a be part of the open space dedication but was willing to concur with the applicant to permit development under the city's hillside regulations. Commissioner Richards made it clear that a hotel would not be permitted in the hillside portion of the site. In regards to the dedication for the storm channel right-of-way, he asked staff to explain this requirement. Mr. Diaz stated that the city attorney advised that it be required; the matter would be taken to city council with the recommendation that it be a condition. In regards to the drainage fee, Commissioner Richards asked Mr. McClellan to explain how he would arrive at a figure. Mr. McClellan explained that the fee would be based upon the existing drainage fees for the property to the north. Because there is no existing master drainage plan a deposit is being required based on 675 acres $2.4 million = at $3200 per acre or approximately $2.4 million. Commissioner Richards concluded that the overall density would be low and felt that the project was far enough from existing homes to minimize impacts. Commissioner Crites felt that this project had a proposed density lower than allowable; area 13 would remain open space and also recommended that area 10a be included as part of the open space dedication. Staff explained that 20 to 30 units could be developed in 10a. Commissioner Downs suggested that 10a housing be developed in other areas of the project. Commissioner Richards agreed with Commissioner Crites to include 10a as part of the open space dedication. Commission and staff concurred. Moved by Commissioner Richards, seconded by Commissioner Downs, to instruct staff to prepare a resolution for adoption of C/Z 09-81, recommending to the city council approval of this change of zone and master plan, subject to the conditions set forth in the staff report dated August 2, 1983; and, the recommended amendments to the developer's proposed PCD regulations and the mitigation measures identified in the environmental documents concerning this project. In addition, resolution is to require the applicant to dedicate all rights-of-way within the project area necessary to develop the Palm Valley Channel and necessary ancillary facilities; and, dedication of open space to be accomplished by irrevocable offer to dedicate. Area 10a to be part of open space dedication. Carried unanimously 5-0. A FIVE MINUTE RECESS WAS CALLED - THE MEETING RECONVENED AT 8:25 P.M. B. CASE NO. TT 19503 - GEORGE FOX AND ERVIN ENGINEERING, APPLICANTS Request for approval of a Negative Declaration of Environmental Impact and tentative tract map creating 28 residential lots on 98 acres within the H.P.R, D (hillside planned residential zone with a drainage way overlay) located west of the Palm Valley Storm Channel, north of the Palm Desert Community Center. Mr. Drell reviewed the staff report and briefly summarized the background of this project. He pointed out the flat and steep areas and the building sites. He reviewed the circulation and drainage systems proposed. The overall design complies with the hillside ordinance. Density would average 1 d.u./acre -hill; bottom of hill would be 2 d.u./acre. A condition is recommended that a hillside -3- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1983 development plan be submitted showing exactly how the land would be changed to accommodate this plan. Staff recommended approval, subject to conditions. Commissioner Crites clarified that this approval would not allow the developer to proceed with development but to submit plans to show feasibility of the proposed project. Mr. Drell added that each dwelling unit would require approval at a public hearing. Commissioner Richards asked how many of the home sites would be visible from Highway 74. Mr. Drell believed none would. Chairman Wood opened the public hearing and asked for the applicant's presentation. MR. GEORGE FOX, 1512 Jarvis, Chicago, clarified that there would be heavy screening of the Sandpiper area. He felt that this project has been designed to meet everyone's concerns. MR. TOM ESSEN, engineer, addressed the proposed conditions: Condition No. 14. Change the 40 foot radius turn arounds to be installed to 40 foot radius curbs. 15. Change CC&R's to require cutting of combustible growth rather than have 25 foot setback. 16. Hammerhead and driveway approach to be incorporated into building permit requirement rather than site improvement for this application. 25. Engineering Co. did a hydrological study 3 years ago. 27. 200 foot radius too excessive - engineer to work with city staff to arrive at mutual agreement. Mr. Vogt responded to Conditions No. 14 and 15 (Mr. Diaz noted that Condition No. 16 should remain as recommended as part of this approval). Condition No. 14, minimum 40 foot radius is needed - no change. Condition No. 15, 25 foot minimum setback provides protection for structures - no change. Mr. McClellan responded to Conditions 25 and 27. Condition No. 25, standard condition - no change. Condition No. 27, add "or as approved by the director of public works". Mr. Diaz noted communications were received in opposition from A.M. Brisboris, Baron B. Boe, and James G. Motter. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. MR. CHRISTOPHER BLAISDELL, 70-560 Camilia Ct., Rancho Mirage, attorney for Palm Desert Property Association, noted that the association did not receive any notification regarding this project. The concerns they expressed were regarding visibility and requested that the colors of the buildings and streets be blended with the hillside. Also, area at the mouth of the canyon is proposed to be the most dense area, he felt most of the water flow would accumulate in that area. He inquired about the location of a crossing at the channel. Chairman Wood explained to Mr. Blaisdell that a few of his concerns would be taken care of at the architectural commission review process. Mr. Drell pointed out on the exhibit the location of a bridge. He also noted that drainage system would be submitted with the development plan. MR. DRAKE LARSON, 72-554 Beavertail, was concerned with flat land residents being burden with subsidizing water expenses. He was also concerned with proper drainage being provided. Mr. McClellan in response to Mr. Larson's concerns stated that the developer would be responsible for the cost of the water facilities. -4- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1983 DR. BARTER, 1601 Sandpiper, stated he would like to see the area stay as is. MR. DON STAGE, 1313 Sandpiper, asked if this was a condominium project. He asked about the maintenance of the landscaped areas and if there would be community center or recreation facilities. He also wanted a clarification of the access location. Mr. Diaz responded that there would be 25 individual home sites and 32 units at the base of the hill. The entire development would have to meet city's development standards and also homeowner's CC&R's. In terms of landscape maintenance, for the 32 units there would be monthly dues and for the individual homes, each would be responsible. Mr. McClellan explained that the access would be off Painters Path and to Edgehill Drive at Greene Way. There being no other persons wishing to speak, Chairman Wood closed the public hearing and asked for the pleasure of the commission. Commissioner Crites believed that the city's Hillside Overlay Ordinance was very stringent and Mr. Fox had successfully complied with that ordinance. Commissioner Richards explained that Mr. Fox had reduced his proposed project considerably since his original proposal only to submit to the city's desires for that area. Chairman Wood noted that this was a preliminary step to proceeding with the project and final plans would be reviewed. Moved by Commissioner Crites, seconded by Commissioner Richards, to adopt findings as recommended by staff; carried unanimously 5-0. Moved by Commissioner Crites, seconded by Commissioner Richards, to adopt Planning Commission Resolution No. 880, approving TT 19503, subject to conditions as amended; carried unanimously 5-0. C. CASE NOS. C/Z 04-83, TT 18986 and HDP 01-83 - FRED C. WHITMAN, APPLICANT, MAINERO-SMITH AND ASSOCIATES AND EISNER-SMITH AND ASSOCIATES, REPRESENTATIVES Request for approval of a Negative Declaration of Environmental Impact, preannexation zoning of HPR, a 15 lot tentative tract map and a hillside development plan for 33.4 acres located west of Indian Springs Mobile Home Park, north of Cat Creek Debris Basin. Mr. Drell reviewed the staff report and recommended approval. Chairman Wood opened the public hearing and asked if the applicant cared to make a presentation. MR. RICHARD SMITH, of Eisner-Smith Associates, explained that his client, Mr. Whitman, wanted a design sensitive to the terrain. He concurred with staff's recommended conditions and hoped that this project will be a model for other projects in the area. He requested approval. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION w.. to this case. MR. DAN KELLY, 48-900 Paisano, asked what type of paved roadway would be constructed along Paisano which leads to his driveway. Mr. McClellan replied that a 20 foot wide roadway would be paved, being a secondary access. Chairman Wood closed the public hearing and asked for the commission's pleasure. -5- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1983 Commissioner Downs commented that this was the nicest project he had seen and approved. Moved by Commissioner Crites, seconded by Commissioner Erwood, to adopt findings as recommended by staff; carried unanimously 5-0. Moved by Commissioner Crites, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 881, recommending to City Council approval of C/Z 04-83; Planning Commission Resolution No. 882 approving TT 18986 and, HDP 01-83 subject to conditions; carried unanimously 5-0. old D. CASE NO. CUP 19-83 - PALM DESERT TOWN CENTER ASSOCIATES, APPLICANT Request for approval of a conditional use permit to allow the construction and operation of a car wash and gasoline station at the northwesterly portion of the Palm Desert Town Center adjacent to El Paseo in the the PC (3) S.P. zone (regional commercial with a scenic preservation overlay) previously assessed for CEQA purposes. Mr. Diaz reviewed the staff report and noted that three conditions should be added by the director of public works. 1. Complete grading plans and specifications shall be submitted as required by ordinance to the city engineer for checking and approval before construction is commenced. 2. Landscaping maintenance on El Paseo shall be provided by the owners. 3. The southerly driveway shall be reduced from 40-foot width to 30- foot width to provide a separation between the two driveways to comply with city design criteria. Chairman Wood opened the public hearing and asked if the applicant cared to make a presentation. MR. JAY TARANTON, 3666 Kearny Villa Rd., San Diego, concurred with staff's recommendation and requested approval. Commissioner Richards asked Mr. Taranton if they have considered offering services to shopping customers while they do their shopping; and if so, could they provide adequate parking for those cars. Mr. Taranton replied that they are offering that service and would also be providing shuttle service to those customers. Chairman Wood 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 Richards, seconded by Commissioner Downs, to adopt findings as recommended by staff; carried 4-0-1 (Erwood abstaining). Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 883 approving CUP 19-83, subject to conditions as amended; carried 4-0-1 (Erwood abstaining). l E. CASE NOS. PP 11-83 and PMW 03-83 - 3AMES RODGERS, APPLICANT AND PATRICK SHEEHY, ARCHITECT Request for approval of a precise plan of design, parcel map waiver and a Negative Declaration of Environmental Impact to allow a lot consolidation to permit construction of two industrial buildings in the S.I., S.P. zone located on the east side of Boardwalk at St. James Place. Mr. Joy reviewed the staff report and recommended approval. -6- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1983 Chairman Wood opened the public hearing and asked if the applicant cared to make a presentation. MR. PATRICK SHEEHY, 74-215 Highway 111, was present to answer any questions the commission might have. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this case; there being none, the public hearing was closed. Commissioner Downs asked if the fire marshal had any concerns with this project. Mr. Vogt, fire marshal, replied that he had no concerns. Moved by Commissioner Richards, seconded by Commissioner Crites, to adopt findings as recommended by staff; carried unanimously 5-0. Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 884 approving PP 11-83 and PMW 03-83, subject to conditions; carried unanimously 5-0. VIII MISCELLANEOUS ITEMS A. Interpretation of Sign Ordinance relating to Theaters. Interpretation was made and agreed by commission to allow 25 sq.ft. of signage per theater. IX. ORAL COMMUNICATIONS - NONE X. COMMENTS Chairman Wood expressed his gratitude to former Commissioner Kryder and instructed staff to make a presentation at the next evening meeting. XI. ADJOURNMENT The meeting was adjourned at 9:52 p.m. RAMON A. DIAZ, Secre ary ATTEST: RALPH B. WOOD, Chairman Ar -7-