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HomeMy WebLinkAbout1101 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - NOVEMBER 1, 1983 7:00 P.M. - NEW CIVIC CENTER ADMINISTRATIVE CONFERENCE ROOM 73-510 FRED WARING DRIVE THERE WAS A STUDY SESSION PRIOR TO THE MEETING, AT 5:00 P.M. IN THE ADMINISTRATIVE CONFERENCE ROOM. I. CALL TO ORDER Chairman Wood called the meeting to order at 7:00 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 Joy Barry McClellan Linda Russell IV. APPROVAL OF MINUTES: October 18, 1983 Moved by Commissioner Richards, seconded by Commissioner Downs, to approve the minutes as submitted; carried 4-0-1 (Erwood abstained). V. SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the actions of the council for the meeting of October 27, 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. Case No. CUP 16-82 - GALLERIA PROPERTIES, INC., Applicant Request for approval of a one year time extension and expansion of space to 3,300 square feet for a restaurant in the Galleria Center, located at the southeast corner of El Paseo and Ocotillo Drive. Rec: Approve as presented by staff. Commission felt the expansion of the restaurant was a request that needed to be processed through the conditional use permit as an amendment. Moved by Commissioner Richards, seconded by Commissioner Downs, to approve the consent calendar item for the one year time extension only, with the expansion to be processed as an amendment to the CUP; carried unanimously 5-0. VII. PUBLIC HEARINGS A. Case Nos. PP 15-83 and TT 19619 - ARMADILLO JOINT VENTURE c/o RANCHO LAS PALMAS MARRIOTT RESORT AND MARRIOTT CORPORATION, Applicants Request for approval of al_Negative Declaration of Environmental Impact, precise plan of design, and 10 lot MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 1, 1983 tentative tract map to allow construction of an 809 room hotel, 50 acres of residential land, associated commercial uses, a golf course and associated recreational uses in the PR-4 and PC (2) zones on 235.6 acres located at the southwest corner of Cook Street and Country Club Drive. Mr. Sawa in reviewing the staff report described the design and location of the project. He explained the traffic circulation with emergency access locations. Staff felt proposed parking spaces provided would be sufficient based on the overlapping of uses of facilities. It was noted that the applicant noted they could provide additional parking area if it was determined necessary. Mr. Sawa pointed out that the building height would vary from 80 feet to 95 feet. Staff also felt this was acceptable due to considerable amount of setback and open space. In regards to the Fringe-Toed Lizard impact, staff recommended a condition that the applicant pay a fee up to $3000 per acre, for a fund to be used for acquisition of land for a lizard preserve. Because of the nature and size of the project, environmental review needed to be processed through the state clearinghouse. Because the review period deadline is November 7th, staff recommended that commission accept public testimony and adjourn until November 9, 1983. Mr. Sawa noted that a letter was received from the Coachella Valley Ecological Reserve Foundation giving their recommendation in regards to the Fringe-Toed Lizard. Chairman Wood opened the public hearing and asked if the applicant cared to make a presentation. MR. BOB SMALL, Vice President of Marriott, stated he was pleased and proud to present this project to the City of Palm Desert. He introduced representatives involved in this project and asked Mr. Larry Stricker, project architect, to give a presentation. MR. LARRY STRICKER, 3833 Long Beach Blvd., Long Beach, began with a description of the traffic circulation. He emphasized that their prime theme of design is to make the water and recreation elements their main attraction, creating an oasis to give their guest a memorable experience in Palm Desert. He described the facilities and recreation they propose (restaurants, tennis, golf, swimming area, beach, etc). Commissioner Downs asked Mr. Stricker for the ballroom height. Mr. Stricker replied 20 feet. Commissioner Downs asked if it could be modified to be lower. Mr. Stricker explained they made a slight modification to the ceiling, breaking it up into a trellis structure design. Chairman Wood explained that the proposed building height is much higher than allowed by code and felt some concern will be expressed. Mr. Stricker noted that they have a minimum 700 foot setback and the open space would be maintained. Commissioner Crites asked if they would be raising or lowering the terrain in the central area of the hotel. Mr. Stricker explained that they would not be changing the terrain and stated that the motor-court entrance would be at 15 feet above grade, making the hotel height actually 65 feet. That would be the only area raised. Commissioner Richards felt that the concept of the project would enhance that area and the landscaping should eliminate or minimize any impacts to other uses. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this project. There being none, the hearing was closed. r Commission concurred with staff that a continuance of this case was necessary for state review of the draft Negative Declaration, therefore, the public hearing was reopened. Moved by Commissioner Richards, seconded by Commissioner Crites, to continue -2- MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 1, 1983 this item to an adjourned meeting on November 9, 1983, at 6:00 p.m., for further evaluation; carried unanimously 5-0. B. Case No. C/Z 06-83 - ROY M. ULRICH AND DR. JACK R. MAGIT, Applicants Request for approval of a Negative Declaration of Environmental Impact and change of zone from R-1 to R-2 (5) for five lots to allow construction of a multiple family residential project for property located at the northeast intersection of Rancho Grande and Sierra Vista Drive. Mr. Sawa reviewed the staff report and indicated that because most of the surrounding zoning in that area was R-1, staff was recommending denial of this request. He further explained that the applicant wished to build 8 condominium units but no precise plan had been submitted. Staff recommended denial. Commissioner Crites and Commissioner Richards questioned the method of determining general plan land use consistency with the proposed zoning. Staff indicated that averaging density in a well defined area is an accepted technique and has been done before in Palm Desert for the San Pablo Properties project on Fred Waring Drive and for a project on the south side of Highway 111. Mr. Diaz further indicated court cases have justified this method. The Commission generally indicated that they felt this method could have a detrimental effect on the general plan and city. It was noted that a petition with several signatures from neighboring residents was received in opposition. Commissioner Richards asked if the petitioners would directly be affected by this project. Mr. Sawa replied that they live in the neighborhood and some live on Sonora Drive, which is proposed to be closed off at Monterey Avenue in the near ' future. Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. MR. ROY ULRICH, 185 Pier Ave., Santa Monica, distributed a letter and some pictures relating to this request and described ingress and egress of the area. He request approval. Commissioner Crites asked Mr. Ulrich to explaine why he stated in his letter that he felt single family residents would be a greater blight than what he is proposing. Mr. Ulrich explained that he meant the quality of his project could appear to be just as, if not more, attractive than single family residents. Mr. Diaz reminded commission that no development plan had been submitted as yet. Mr. Ulrich replied that staff had requested a plan be submitted but not a development plan until now. MR. RON TUFFNEL, 76-988 Kentucky, stated that they are trying to be as compatible as possible with the surrounding neighborhood. He believed the project would enhance the neighborhood. Commissioner Richards felt opposed to the request because there had not been any development plan submitted and several residents were opposed to the proposed zone change. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this project. OPPOSITION: MR. KEN SHAW, 72-884 Sierra Vista, felt it would be detrimental to -3- MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 1, 1983 existing properties and would lower the value of their homes. MR. DEREK WALKER, 72-876 Sierra Vista, felt that the neighborhood already had a traffic problem. There are many children in that area and it has or could become dangerous. This project would only create more traffic problems. MR. GEORGE KRYDER, 72-813 Sonora, stated that the signers of the petition represented a large number of the area. He felt that they are , already surrounded by the new Palm Desert Town Center and strongly opposed to further intrusions into the R-1 zone. He also questioned the density calculation explained in the staff report. He concluded stating that a zone change would set precedence. MR. M. FOSTER, 72-891 Sierra Vista, also opposed the project for several reasons one being that it would not enhance the area. The applicant withdrew his request after hearing public testimony in opposition. C. Case No. TT 19074 (Amendment) - SAN PABLO PROPERTIES, LTD., AND GFB-McCUTCHAN, INC., Applicants Request for approval of an amendment to a previously approved tentative tract map to create two additional lots for phasing purposes in the PR-7, S.P. zone at the northwest corner of San Pascual Avenue and Fred Waring Drive. Mr. Sawa reviewed the staff report and noted that it was recommended to delete Condition No. 24 of the original approval through Resolution No. 848 be deleted, and replaced with a condition to read: rn "That the developer shall pay for added engineering costs incurred by city due to realignment of master plan storm drain through the site to San Pablo Avenue." Staff recommended approval. Commissioner Richards asked Public Works Director Barry McClellan to explain why Condition No. 24 was being changed at this time. (Condition No. 24 read: The developer is responsible for the bridge construction on Magnesia Falls crossing San Pascual Channel, and its costs shall be fully applied as a credit towards required drainage fees). Mr. McClellan replied that condition was being deleted because if the developer were to construct the bridge or culvert that the city could not collect the full drainage fees from the developer on that project. The drainage fees on this development are needed because the Master Plan Storm Drain through the development cannot be constructed by the developer because of hydraulic complication, therefore, the city shall construct a storm drain on San Pablo to connect into the Fred Waring Drive storm drain and the developer's drainage fees will be applied towards that construction. Further, the bridge or culvert is not needed until such a time that Magnesia Falls Drive is extended easterly to Portola Avenue; the culvert can be constructed at the time of street extension. Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. rl1 MR. STEVE RAY, GFB McCutchan, stated that they concurred with the condition added. Their only concern now would be the right to review engineering costs as they are prepared. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the public hearing was closed. -4- MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 1, 1983 Moved by Commissioner Crites, seconded by Commissioner Downs, to approve the findings as presented by staff; carried unanimously 5-0. Moved by Commissioner Crites, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 897, approving amended TT 19074, subject to conditions as amended; carried unanimously 5-0. D. Case No. TT 19637 - ROBERT ROTTSCHAEFER, M.D., Applicant Request for approval of a tentative tract map to allow the subdivision of office space in a proposed 11,000 sq.ft. building, located on the north side of Larrea Street between Prickly Pear Lane and San Luis Rey. Mr. Joy reviewed the staff report and recommended approval. Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. MR. GERALD DUPREE, 74-040 El Paseo, concurred with staff's recommendations. 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 Downs, seconded by Commissioner Richards, to approve the findings as presented by staff; carried unanimously 5-0. Moved by Commissioner Downs, seconded by Commissioner Crites, to adopt Planning Commission Resolution No. 898, approving TT 19637, subject to conditions. vaw E. Case No. CUP 03-82 Amendment #1 - TULLIO LALLI, Applicant Request for approval of an amendment to a conditional use permit to expand hours of business to include lunch for the 3915 square foot restaurant at the southeast corner of Highway I I I and San Luis Rey Avenue. Mr. Joy reviewed the staff report and stated that the restaurant requires 44 parking spaces and there were three areas available to provide those spaces. He also noted that for a conditional use permit parking requirements can be modified. The adjacent business owners were contacted and they expressed approved. Staff recommended approval. Chairman Wood asked what the hours of lunch would be. It was stated that the hours would be from 11:00 a.m. to 3:00 p.m. Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. MR. TULLIO LALLI, 73-333 Salt Cedar, explained that because businesses in the area have asked if they would be serving lunch they felt a need to expand the hours to include lunch. He requested approval. �.r 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 Richards and Commissioner Downs had expressed concern for the parking space shortage along the frontage road. But Commissioner Richards felt the expanded hours would not change the problem that already exists. Moved by Commissioner Richards, seconded by Commissioner Erwood, to approve -5- MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 1, 1983 the findings as presented by staff; carried unanimously 5-0. Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 899, approving CUP 03-82 Amendment #1, subject to conditions; carried unanimously 5-0. IX. MISCELLANEOUS ITEMS - NONE rrr` X. ORAL COMMUNICATIONS - NONE Any person wishing to discuss any items not on the agenda may address the planning commission by stepping to the lectern and giving their name and address for the record. Remarks shall be limited to a maximum of five minutes unless additional time is authorized by the planning commission. XI. COMMENTS - NONE XII. ADJOURNMENT Moved by Commissioner Crites, seconded by Commissioner Richards, to adjourn the meeting at 9:17 p.m; carried unanimously. RAMON A. DIAZ, Secre ary ATTEST: RALPH B. WOOD, Chairman /lr -6-