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HomeMy WebLinkAbout1206 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - DECEMBER 69 1983 7:00 P.M. - CITY HALL COUNCIL CHAMBERS THERE WAS A STUDY SESSION PRIOR TO THE MEETING 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 Richards III. ROLL CALL Members Present: Commissioner Crites Commissioner Downs Commissioner Erwood Commissioner Richards Chairman Wood Others Present: Ramon A. Diaz Barry McClellan Stan Sawa Steve Smith Phil Joy Linda Russell IV. APPROVAL OF MINUTES: November 15, 1983 Moved by Commissioner Richards, seconded by Commissioner Erwood, to approve the minutes as submitted. Carried unanimously 5-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the actions of the council for the meeting of November 10, 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. PMW 07-83 - JAMES LOBECK and DONALD BLACK - Request for approval of a lot consolidation involving two lots on the west side of Las Flores, 100' north of San Gorgonio Way. Rec: Approve as presented by staff. B. Case Nos. DP 09-80 and 221 MF - CHACAHUALA LTD. - Request for approval of a one year extension of time for a conditional use permit and preliminary design review case to allow construction of a 117 unit condominium project in the PR-3 zone at the southeast corner of Homestead Road and Alamo Drive. Rec: Approve as presented by staff. Moved by Commissioner Downs, seconded by Commissioner Erwood, to approve the consent calendar items as presented by staff. Carried unanimously 5-0. VII. PUBLIC HEARINGS A. Continued Case Nos. PP 13-83 and TT 19575 - J & J INVESTORS, Applicants Request for approval of a precise plan of design and a single lot tentative tract map to permit a five unit residential condominium development in the R-2 zone on the east side of San Rafael, 270 feet south of Catalina. MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6, 1983 Mr. Smith explained that this case was continued from the meeting of November 15, 1983, in order to clarify a concern of the applicant. That concern has been resolved and staff recommends approval. Chairman Wood opened the public hearing and asked if the applicant wished to give a presentation. MR. JIM EWART, 75-382 Vista Del Fuente, Indian Wells, stated he had reviewed all the conditions and had no objections. He requested approval. 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 Crites, seconded by Commissioner Richards, 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. 904, approving a precise plan of design and a single lot tentative tract map. Carried unanimously 5-0. B. Case No. CUP 22-83 - FRED BARMAN, Applicant Request for approval of a conditional use permit to allow construction and operation of a 59,200 sq.ft. three-story hotel/restaurant on the south side of El Paseo, midway between Lupine and Sage Lanes. Mr. Joy described the project and its location. He reviewed staff's concerns which are addressed in the conditions of approval. Mr. Joy noted several letters were received in opposition: Board of Directors of Sandroc II Homeowners Association (including petition), Howard and Joyce Dunn, Charles Little, Stuart Levenson, Claude & Marian Black, Charles Shelton (Palm Desert Property Owners Association), Patsy Page, P. Jean Talbot and Kathleen W. Bietz. A letter in favor " was received by Larry Spicer, Board of Directors for Chamber of Commerce. Staff recommended approval. Commissioner Crites asked if valet parking would be mandatory for customers. Mr. Joy replied that if the applicant wished to use valet parking, he may. Commissioner Crites clarified his question asking if people who did not wish to use valet parking would have to park on the street. Mr. Diaz explained that, first of all, the traffic committee would have to approve valet parking and if they approved it, then those who did not wish to use valet parking would have to park on the street. He also noted that the only ancillary use for the proposed hotel would be a restaurant. Mr. Diaz believed that there would not be heavy on-street parking from this project and stated that there is presently cars parked on the street. Chairman Wood also assured the audience that the elevations to this project were within the city's codes. Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. MR. FRED BARMAN, 1718 Angelo Dr., Beverly Hills, stated he had become very familiar with the City of Palm Desert and knew what would be best for this particular property. He described the hotel as a high quality, first class hotel with a restaurant. He requested approval. Chairman Wood asked if anyone present wished to speak in FAVOR of this case: MR. DON McNEILLY, executive director for chamber of commerce, read a letter from the chamber of commerce (Larry Spicer) expressing approval for this project. -2- MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6, 1983 MR. JIM MCLAUGHLIN, 73-896 El Paseo, stated he sent 94 letters to the El Paseo merchants and that the response was overwhelming supporting the project. None were received in opposition. He requested approval. MR. DICK SPARKS, representative of board of realtors, also read a letter from the board expressing approval. MR. DAN LEE, 45-299 Lupine, felt it would be a great addition to the area. Chairman Wood asked if anyone present wished to speak in OPPOSITION to this case: MR. GENE JONES, felt the parking area would be inadequate. He asked where would all the employees to the hotel be parking. He also noted that several property owners next to this project were not notified of this hearing. Chairman Wood explained that the parking spaces required for this hotel also includes employees parking, which is proposed to be provided. Mr. Diaz explained that the latest equalized assessor's rolls are used to notify property owners within the 300' radius of a project. MR. O.W. FILLERUP, 45-405 Lupine #12, also felt legal notification was inadequate. He explained how the density was inappropriate and would create parking, noise and lighting impacts. He introduced the president of Sandroc Homeowners Association, Mr. Charles Little. MR. CHARLES LITTLE, 10120 Crestview Heights, La Mesa, pointed out their concerns, parking being the primary. He strongly opposed. Mr. Diaz explained that the parking calculations included ancillary uses to the hotel (restaurant). In reference to the density, Mr. Diaz explained that the number vow of units is determined by how much parking can be provided, ground coverage, etc. Mr. Fillerup noted a petition was on file by more than half of Sandroc property owners in opposition. MR. GEORGE RITTER, Palm Desert Homeowners Association, indicated that their CC&R's generally allow this use but the question that needs to be answered is whether this area is right for this size project. He felt this was a very intensive use for that area and a precedent would be set if approved. Commissioner Crites asked Mr. Ritter how he felt the intensity of use impacts the neighbors. Mr. Ritter replied that this site is too small for this use and felt it was twice the density it should be. Mr. Diaz asked what the maximum density of development would be permitted by the Palm Desert Homeowners Association's CC&R's. Mr. Ritter replied that the CC&R's did not contain a maximum density limitation for hotel. Commissioner Richards explained that underground parking would provide adequate parking and any business transactions would take place in front of the building, which would not impact any residents of Sandroc. He explained that this area is zoned for this type of use and felt that the applicant had done everything possible to mitigate any impacts. Commissioner Crites asked the applicant if he could guarantee that the employees taw would not be parking on residential streets. MR. DAVID PERRY, 1605 Gilcrest Drive, Beverly Hills, felt they would not have 100% occupany at any time, more than one unit would more likely be used by one car, and this would be a high quality hotel meaning the rates would be very high. There would be limited employees and a designated area would be provided for their parking. Commissioner Crites asked if he would concur with a condition relating to employee parking. Mr. Perry concurre3d. MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6, 1983 Mr. Diaz stated a condition could be added to read: "Employee parking would be accommodated on site or arranged off site." Commission concurred. Chairman Wood closed the public hearing and asked for the pleasure of the commission. Commissioner Richards felt this was an appropriate project for that area. j Commissioner Erwood concurred with Commissioner Richards and noted that all the code requirements were complied with. Commissioner Crites also felt that code requirements have been met and there would not be any negative impacts to surrounding areas. Chairman Wood felt this project would be a great benefit to the community. 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 Richards, to adopt Planning Commission Resolution No. 905, approving Case No. CUP 22-83, subject to conditions as amended. Carried unanimously 5-0. Add condition to read: "Applicant shall assure that employees park on site or that arrangements be made for off street parking". A RECESS WAS CALLED - THE MEETING RECONVENED AT 8:40 P.M. C. Case No. C/Z 07-83, TT 19697 and PP 14-83 - ARCH DEVELOPMENT CORPORATION, Applicant alsj Request for approval of a Negative Declaration of Environmental Impact, a change of zone from R-3 189000 (3) S.P. to PC (4) S.P., approval of a precise plan of design to allow construction of a new 248 room hotel with two restaurants, and a tentative tract map to consolidate the site into one lot on 6.9 acres located 100 feet south of El Paseo, between Highway 74 and Ocotillo Drive. Mr. Sawa reviewed the staff report and noted two conditions may be added as a result of discussions in study session. "Developer shall sink the tennis courts nearest Ocotillo Drive, four feet into the ground." "Hours of tennis court lighting shall be limited to 10:00 p.m." Mr. Sawa pointed out that a letter was received in opposition from Karl Glou. Mr. Diaz also noted that Condition No. 29 should be amended to read: "Traffic analysis on the site to be conducted addressing the impact on Highway 74 to determine if a traffic signal is warranted at the intersection which aligns with Pitahaya." Commissioner Crites asked staff to explain why at the time of the general plan adoption the area was not designated for this use. He also asked what the height limitation was in R-3. Mr. Sawa replied 30 feet. Commissioner Crites noted that the council denied an earlier zone change request in 1982, and asked staff to explain why it was denied. Mr. Diaz explained that council felt the PC-4 rather than C-1 was a less intensive use and therefore acceptable. Commissioner Crites asked if a light signal would be installed at Pitahaya on Highway 74. Mr. McClellan, director of public works, stated that they -4- MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6, 1983 have a list of traffic patterns for several locations which in the future might warrant signals. Highway 74 and Pitihaya are on that list and with the addition of this development it would increase the need. Commissioner Richards, in addressing one of Commissioner Crites concerns, stated that at the time of the general plan adoption it was not envisioned to consolidate the lots and rebuild. He now feels the zone change would be appropriate. Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. MR. RANDY KING, vice president of hotels, explained how their studies showed this type of hotel would be compatible with the area and indicated they plan to provide a first class type hotel. He requested approval. MR. CHARLES MARTIN, architects, 73-725 El Paseo, reviewed the background of this project, which resulted in the need for PC-4. In describing the project, he reviewed the areas of concern from the Palm Desert Property Owners Association and how they tried to mitigate these concerns. He felt it was a good proposal and requested approval. Chairman Wood asked if anyone present wished to speak in FAVOR of this project. MR. JIM MCLAUGHLIN, 73-896 El Paseo, was impressed with the project and requested approval. MR. DICK SPARKS, Palm Desert Board of Realtors, expressed support of this project. Chairman Wood asked if anyone present wished to speak in OPPOSITION to this project. MR. ED LEE, president of Montecito Homeowners Association, felt that staff should make further studies of traffic on Highway 74. He emphasized his concern for traffic impacts. He submitted a petition with 32 signatures from homeowners in the Montecito. He requested denial. MR. RON GHORMAN, 45-715 Verba Santa, was very concerned about the traffic impacts, noise, density and height. MR. BOB PITCHFORD, Palm Desert Property Owners Association, stated that this project was in violation of their deed restrictions. He also felt it would create great impacts on the neighboring residents. Parking was inadequate. He felt the project needed further studying. MR. JOHN TROPHY, resident in Sandpiper, also felt traffic would be dangerous and requested further studies. Mr. Sawa explained that the applicant was proposing adequate parking spaces and the frontage road would also be available for parking since no other users exist adjacent to the spaces. Mr. McClellan explained that Highway 74 is operating at approximately 25% capacity. Studies show increased traffic would warrant signalization at Pitahaya. He pointed out that residents in the Montecito area have direct access to Highway 74 and felt this signalization would enhance their accessibility. Commissioner Crites asked Mr. Martin if there were any documents from people supporting this project. Mr. Martin responded that the El Paseo Merchants supported the project but none were received from residents. Chairman Wood closed the public hearing. Commissioner Erwood felt the only valid concerns expressed were traffic on Highway 74 and that the project might be too big for that area, but generally felt -5- MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6, 1983 there would not be any greater impacts than there are now. Commissioner Richards was concerned with the lack of air space and traffic. But did believe that the project would enhance the area. He felt the architect has tried to minimize any impacts. He was in favor of the project. Chairman Wood also was in favor of this proposal. He felt the 35 foot height would not make a difference when compared to the 30 feet allowed by the existing R-3 zone. Commissioner Crites was opposed to the project because there was no justification for changing the zone. He also did not see any justification for going to 35 feet in height rather than conforming to code with the 30 feet. Density was too high. He believed the project should conform to the city's standards. Mr. Diaz explained that the existing hotels are above the R-3 zone standards in terms of density. If the zone change is not approved Mr. Diaz recommended that the general plan be amended to designate this area to medium density residential use. But he noted that this zone request is consistent with the general plan. Commissioner Downs pointed out that the present traffic speeding problems should be reported to the highway patrol since the street is a state highway. Moved by Commissioner Richards, seconded by Commissioner Downs, to approve the findings as recommended by staff. Carried 4-1 (Commissioner Crites voting NAY). Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 906, recommending approval to the city council of C/Z 07-83. Carried 4-1 (Commissioner Crites voting NAY). Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 907, approving PP 14-83 and TT 19697, subject to conditions, as amended. Carried unanimously 5-0. Moved by Commissioner Crites, seconded by Commissioner Richards, to instruct staff to forward the tentative tract map and precise plan request to city council along with the change of zone. D. Case No. CUP 16-82 Amendment #1 - JIM FOXX, Applicant Request to expand the maximum amount of restaurant space in the Galleria Center at the southeast corner of El Paseo and Ocotillo Drive from 2000 square feet to 3300 square feet. Mr. Joy briefly reviewed the staff report and recommended approval. It was noted the applicant was not present. Commissioner Richards opened the public hearing and asked if anyone 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 Erwood, to approve the findings as recommended by staff. Carried unanimously 3-0 (Commissioners Wood and Downs not present). Moved by Commissioner Crites, seconded by Commissioner Erwood, to adopt Planning Commission Resolution No. 908, approving CUP 16-82 Amendment #1, subject to conditions. Carried unanimously 3-0 (Commissioners Wood and Downs not present). E. Case No. PP 17-83 and PMW 05-83 - E.M. BEROL, Applicant -6- MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6, 1983 Request for approval of a precise plan of design, parcel map waiver and Negative Declaration of Environmental Impact to allow a consolidation of two lots, and construction of an industrial building on 1.1 acres in the S.I. (Service Industrial) zone on the south side of St. Charles Place, 220 feet east of Boardwalk. Mr. Diaz briefly reviewed the staff report and noted there were no communications NW received in opposition. Staff recommended approval. Commissioner Richards opened the public hearing and asked if anyone 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 Erwood, to approve the findings as recommended by staff. Carried unanimously 3-0 (Commissioners Wood and Downs not present). Moved by Commissioner Erwood, seconded by Commissioner Crites, to adopt Planning Commission Resolution No. 909, approving PP 17-83 and PMW 05-83, subject to conditions. Carried unanimously 3-0 (Commissioners Wood and Downs not present). F. Case No. TT 19814 (Formerly TT 15000) - PACIFIC COAST BUILDERS, Applicants Request for approval of a tentative tract map for a residential condominium project (Desert Falls Country Club) in the PR-3, S.P. zone located at the northeast corner of Cook Street and Country Club Drive. Staff requested a continuance for this case in order to give the applicant time to clarify a problem relating to revisions and landscaping of the median on Country Club Drive. Chairman Wood opened the public hearing and asked if the applicant wished to speak on this matter at this time. MS. PATTY LEJA, engineer for Pacific Coast Builders, requested that commission not continue this case and also requested that the city not require payment until all improvements are accepted. Mr. McClellan stated that all improvements were accepted several months ago. Ms. Leja understood that an agreement was made by Pacific Coast Builders and Sunrise. Sunrise has not responded to the agreement. Mr. Diaz stated that Sunrise did not accept the agreement. Ms. Leja further explained that Pacific Coast Builders was ready to make payment for their half of the median but Sunrise had not responded. Mr. McClellan explained the communications he had with Pacific Coast Builders and noted he was not satisfied with their response. Therefore, he also concurred to continue this matter. w.� Commission agreed to continue the matter to December 20, 1983. G. Case No. TT 16133 (Refile) - J.M. PETERS CO., Applicant Request for approval of a 164 lot tentative tract map to allow construction of a 156 unit condominium project in the PR-5, S.P. (Planned Residential, maximum 5 d.u./acre, -7- MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6, 1983 Scenic Preservation Overlay) zone on approximately 34 acres located at the northeast corner of Cook Street and Hovley Lane. Mr. Diaz in reviewing the staff report noted that staff had a concern with the grade elevations but Condition No. 5 addressed that concern. Staff recommended approval. Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. MR. STAN MORSE, engineer, 73-255 El Paseo, stated he agreed with the conditions of approval and requested approval. 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 Crites, seconded by Commissioner Erwood, to approve the findings as recommended by staff. Carried unanimously 5-0. Moved by Commissioner Crites, seconded by Commissioner Erwood, to adopt Planning Commission Resolution No. 910, approving TT 16133, subject to conditions. Carried unanimously 5-0. H. Case Nos. GPA 03-83 and C/Z 08-83 - MOHAMMED R. MAZAHERI AND GEORGE RITTER do ASSOCIATES, Applicants Request for a general plan amendment from public facilities to medium density residential 5-7 d.u./acre, a change of zone from public/institutional to PR-7 (Planned Residential 7 d.u./acre) and a Negative Declaration of Environmental Impact as it pertains thereto for 54.5 acres located east of Portola Avenue between Ironwood Country Club and the Living Desert Reserve. Staff requested a continuance for this hearing to allow proper notification to property owners within 300' radius of project. The applicants were not present. Commission agreed to continue this matter to January 3, 1983. I. Case No. ZOA 09-83 - CITY OF PALM DESERT, Applicant Consideration of an amendment to the Palm Desert Zoning Ordinance, Section 25.30.170, regarding vehicular access for projects in planned commercial (PC) zones. This matter was briefly reviewed by Commissioner Richards for the benefit of the audience. Chairman Wood opened the public hearing and 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 Crites, to adopt Planning Commission Resolution No. 911, recommending approval to the city council of ZOA 09-83. Carried unanimously 5-0. IX. MISCELLANEOUS ITEMS - NONE -8- MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 6, 1983 X. ORAL COMMUNICATIONS MR. CHARLES MARTIN showed a possible modified architectural style for the proposed hotel for Arch Development Corporation. XI. COMMENTS - NONE rrr XII. ADJOURNMENT Moved by Commissioner Crites, seconded by Commissioner Richards, to adjourn the meeting at 10:27 p.m. Carried unanimously 5-0. AMON A. DI AZ, Secretary ATTEST: RALPH B. WOOD, Chairman /lr tow -9-