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HomeMy WebLinkAbout0103 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - JANUARY 3, 1984 7:00 P.M. - ADMINISTRATIVE CONFERENCE ROOM 73-510 FRED WARING DRIVE * * * * � * * � � * � * � * * * * * * * * * � * * * * * � � � * � A STUDY SESSION WAS HELD PRIOR TO THE MEETING IN THE DEPARTMENT OF ENVIRONMENTAL SERVICES. I. CALL TO ORDER � Chairman Wood called the meeting to order at 7:05 p.m. II. PLEDGE OF ALLEGIANCE - Commissioner Crites III. ROLL CALL Members Present: Commissioner Crites Commissioner powns Commissioner Erwood Commissioner Richards Chairman Wood Others Present: Ramon Diaz Stan Sawa Phil Drell Phil Joy Al Cablay Linda Russell IV. APPROVAL OF MINUTES: December 20, 1983 Commissioner Richards noted a correction on page 2, paragraph 5, should read: "It was explained by Commissioner Richards that the applicant had not demonstrated �,,,,, any serious effort in continuing with this project." Moved by Commissioner powns, seconded by Commissioner Richards, to approve the minutes as amended. Carried 4-0-1 (Commissioner Erwood abstained). V. SUMMARY OF COUNCIL AC'fION Mr. Diaz reviewed the actions of the council for the meeting of December 22, 1983. VI. CONSENT CALENDAR - NONE VII. PUBLIC HEARINGS A. Case Nos. GPA 03-83 ac C/Z 08-83 - MOHAMMED R. MAZAHERI AND GEORGE RITTER dc 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. �w.. Mr. Diaz explained that this matter was continued from the meeting of December 6, 1983, and complete legal notifications were sent out again for this hearing. He indicated that since new information has been received, staff has changed its recommendation to denial of this request. Several concerns were noted, one of which was the negative impacts on the Living Desert Reserve. Mr. Diaz stated that there was also a great concern for drainage problems. A development plan needed to be submitted before any action of approval for this project is taken. Such a plan would be submitted once the appropriate land use is determined. Chairman Wood o ened the public hearing and asked if the applicant wished to make a presentation. MINUTES PALM DESERT PLANNING COMMISSION JANUARY 3, 1984 MR. GEORGE RITTER, 73-899 Highway 111, explained how they had arrived at this type of request, which he felt would be compatible to the existing adjoining development. In addressing one of staff's concerns relating to the Living Desert Reserve area, he explained that other projects had developed around this area and because sections of the Living Desert Reserve has been man-made he felt that those ecological changes had destroyed the natural habitat. If it was a concern of the commission to keep those acres preserved as natural environment, he suggested a continuance for further studies on this matter. � Chairman Wood asked Mr. Ritter about the flood water problems. Mr. Ritter replied that the waters that would be going through would be "nuisance waters" and was fully aware that this problem would have to be taken care of. DR. MOHAMMED MAZAHERI, 400 Camino Alturas, Palm Springs, explained that he donated 160 acres of land to Living Desert Reserve in exchange for 80 acres. He further explained that since the channel had been built Mr. Lowell Weeks had guaranteed Dr. Mazaheri that his land would not be flooded and have all utilities. He also stated that Living Desert Reserve had written him a letter stating they would not protest his development due to the trade of land. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this project. OPPOSITION: MRS. BARBARA B. LITTLE, 48-838 Mescale Lane, Ironwood, urged the commission to reject this proposal. She noted no precise plan had been filed and stressed that she had seen roaring flood waters go through this property. She felt there would be too many negative impacts and approval of this is would be premature. MR. DAN MOVAHILL, 48858 Casillas Place, Ironwood, also urged for denial � of this project because he felt that the Living Desert Reserve would definitely be impacted and he also felt there was no doubt that there was a threat of flooding. MR. ANTHONY ROSKIN, president of Ironwood Homeowners Association, 73-628 Boxthorn, stated he was in opposition of this project also for the same reasons stated above. REBUTTAL: Mr. Ritter felt that since the proposal would call for only 150-250 units there would not be great impacts. He requested a continuance in order to get a consultant to prepare a report. Dr. Mazaheri noted that not only did the Living Desert Reserve write a letter agreeing not oppose the application but Mr. Lowell Weeks, of Coachella Valley Water District, stated that the property was relatively safe from flooding problems. Chairman Wood closed the public hearing and asked for the pleasure of the commission. Commissioner powns stated he would like to see these letters Dr. Mazaheri had received. ' � Commissioner Crites felt there was no justification for a change of zone. Commissioner Richards felt that there was a strong danger of flooding in that area. Commissioner Erwood agreed with Commissioner Crites that there were no reasons for a change of zone and also felt they should be cautious in protecting the Living Desert Reserve environment. -2- MINUTES PALM DESERT PLANNING COMMISSION JANUARY 3, 1984 Moved by Commissioner Crites, seconded by Commissioner Richards, to instruct staff to prepare a resolution of denial for the next meeting. Carried unanimously 5-0. A 10 MINUTE RECESS WAS CALLED - THE MEE'TING RECONVENED AT 8:05 P.M. B. Case Nos. C/Z 12-83 and PP 25-83 - I. HAROLD HOUSLEY, ET AL, '�"' Applicant Request for approval of a change of zone from R-2, S.P. (Single family, one dwelling unit per 4000 square feet of land, scenic preservation overlay) to O.P., S.P. (Office professional, scenic preservation overlay) and precise plan of design to allow conversion of the existing house at 44- 311 Monterey Avenue to an office and a Negative Declaration of Environmental Impact, for land located on the west side of Monterey Avenue, north of the Palm Desert Town Center. Mr. Sawa reviewed the staff report and in describing the lots involved indicated that all the property owners had given written concurrence for this requested change. In regards to the precise plan, Mr. Sawa noted there were several changes staff was requesting to the plan. These changes pertained to back-up area, more landscaping, larger aisles and screen walls. With these modifications, staff recommended approval. Mr. Diaz added a condition to read: "Applicant shall be required to execute an agreement to give property owners access rights subject to a reciprocal agreement from adjacent property owners". This is for control of access on Monterey Avenue. Chairman Wood o�ened the public hearing and asked if the applicant wished to """" make a presentation. MR. GERALD DuPREE, with Housley and Associates, stated there were two conditions he wished to address and possibly change. Condition No. 10 - he requested that there not be a requirement to landscape. Condition No. 15 - he would like it to remain at 4 feet. Mr. Sawa explained that in regards to Condition No. 15, that is a development standard requirement and is one of the justifications for approval and recommended the landscaping remain at 6 feet.. In regards to the landscaping for Condition No. 10, Mr. Sawa stated that it would definitely serve as a buffer to adjacent residents and recommended it rernain. Commission briefly discussed these matters and concurred with staff to keep these conditions as recommended by staff. MR. HAROLD HOUSLEY, 74-040 El Paseo, stated he was opposed to the added condition by Mr. Diaz. He explained how other adjoining property owners have access to their properties already. Mr. Diaz clarified that in the future they would like to be assured of a circulation system and also assured Mr. Housley that he is not giving rights to his property but he is receiving rights to their property. In other words, Mr. Diaz stated he did not want to see several driveways off of Monterey. :�. Commissioner Crites clarified the purpose of the added condition and thought perhaps it should read: "The city wishes to maintain the ability to create an internal circulation traffic pattern to keep some traffic off of Monterey and allow access to office buildings. By doing so, Mr. Housley would still have the ability to build phase I and phase II as it exist on the submitted maps. The only change in the future would be in the back parking lot (whether or not it would exist) and traffic circulation in front." Mr. Diaz agreed. -3- MINUTES PALM DESERT PLANNING COMMISSION JANUARY 3, 1984 Commission concurred that Commissioner Crites' clarification should be added as a condition. Chairman Wood asked if anyone else wished to speak in FAVOR or OPPOSITION to this case. MR. JOHN VELI, owner of property at 44-311 Monterey, stated he was in favor of this proposal. :'� i Chairman Wood closed the public hearing. '� Moved by Commissioner Richards, seconded by Commissioner powns, to approve the findings as presented by staff. Carried unanimously 5-0. Moved by Commissioner Richards, seconded by Commissioner powns, to adopt Planning Commission Resolution No. 919, recommending to the city council approval of C/Z 12-83. Carried unanimously 5-0. Moved by Commissioner Crites, seconded by Commissioner Erwood, to adopt Planning Commission Resolution No. 920, approving PP 25-83, subject to conditions as amended. Carried unanimously 5-0. C. Case Nos. PP 27-83 and TT 19847, TAVAGLIONE CONSTRUCTION COMPANY, Applicant Request for approval of a precise plan, tentative tract map and a Negative Declaration of Environmental Impact to allow development of 352 condominium units on 56.4 acres in the PR-5 zone (with a 25% affordable housing density bonus) generally located north of Hovley Lane, east of Cook Street. �� � � Mr. Drell gave the staff report and reported the issues of concern were density and "� design. He explained that this matter should be continued to finalize the negotiations between this development and the adjoining development, Vista Del Montanas. It was noted several written communications were received in opposition. Commissioner Crites asked if the latest plans show the road system to be separate from the Vista Del Montanas. Mr. Drell replied affirmative. Commissioner Crites asked if there would be a wall dividing the projects. Mr. Drell replied affirmative. The buffer zone being one story buildings. Commissioner Crites asked if the city had purview of any previous agreements made with existing homeowners in the existing development. Mr. Drell replied no. Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. MR. NICK TAVAGLIONE, 9000 Arlington Avenue, Riverside, stated he had met with the Vista Del Montanas Homeowners Association's attorney and had reached an agreement. He agreed with recommendation to one story buildings along the buffer zone; a six foot block wall would be installed; give up a piece of residential land for recreational amenities; and, landscape and maintain a strip of land along the wall and deeding this strip to them also. He requested approval without a continuance. � � MR. WAYNE GURALNICK, attorney for homeowners association, also � outlined the agreement they had reached with Mr. Tavaglione, adding that � the block wall around the perimeter would be slumpstone to match the one from the existing development with a 5 to 10 ft. setback; this wall is to be constructed within two months after building permits are pulled to prevent building impacts; he specifically stated 21 single story buildings would be built for the purpose of buffering; and drainage problems would be taken care of by Mr. Tavaglione due to the construction of the block wall. He -4- MINUTES PALM DESERT PLANNING COMMISSION JANUARY 3, 1984 requested that this agreement be part of the conditions. Mr. Diaz stated that the motion can include a statement "the plan shall be modified per the agreement reached by the homeowners association and Mr. Tavaglione." Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION ' to this request. � MR. JIM RESNEY, 75-005 Country Club Drive, asked if the single story buildings would be bordering The Lakes Country Club. Mr. Tavaglione replied affirmative. Chairman Wood closed the public hearing. Commissioner Richards asked staff for the proper procedure on this request. Mr. Diaz explained that since there was no resolution prepared, commission's action could instruct staff to prepare a resolution of approval for adoption at the next meeting. Mr. Diaz noted that final details of the agreement made between the homeowners association and Mr. Tavaglione needed to be made with staff in regards to substituting residentia! homes for tennis courts. Mr. Guralnick agreed. Moved by Commissioner Crites, seconded by Commissioner Erwood, to instruct staff to prepare a resolution of approval, to include all the changes and agreements made by and between Nick Tavaglione and Wayne Guralnick, attorney for the Vista Del Montanas Homeowners Association. Carried unanimously 5-0. Mr. Diaz added, for the benefit of the homeowners present, that the commission had instructed staff to investigate the preparation of a "perspective homeowners awareness package" which would illustrate what can or cannot happen in future � developments. D. Case Nos. C/Z l0-83 and TT 19775, LEWIS HOMES OF CALIFORNIA, Applicant Request for approval of a change of zone from O.S. to R-1, 10,000 and a 23 lot tentative tract map for 6 acres generally located on the north side of Haystack Road between Highway 74 and Portola Avenue. Mr. Drell reviewed the staff report and indicated that the proposal would be inconsistent with the general plan. Therefore, staff recommended denial. Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. MR. BILL SULLIVAN, regional manager for Lewis Homes, explained that since there were several issues in the staff report that he could not respond to because of lack of time to review, requested a continuance. He gave the background for this property. He submitted a letter from Lewis Homes which gives reasons for the design concept of this matter. He believed this proposal was consistent with the general plan and asked commission to consider the proposal on its merits. He reviewed some issues that were not addressed in the staff report and asked staff to address these issues. wrw• MR. STAN MORSE, engineer, 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. Mr. Diaz noted staff did receive a petition by homeowners indicating they were in favor of this request. He felt this was a good planning solution in and of itself but -5- MINUTES PALM DESERT PLANNING COMMISSION JANUARY 3, 1984 that any planning solution involves implementation of policy as set forth by council and if a planning solution does not implement policy then it is an unacceptable solution. The council policy on this issue is to retain the site as a park. Mr. Sullivan felt that this policy was not a written policy and any policy discussions should be made in public. .� _,� Commissioner Richards did not know�of any policy discussions and felt it was a dual functioning parcel of land. It should be kept in a park like atmosphere. It is used extensively for that purpose. Haystack is a very busy street already. Drainage problem should be financially supported by city. Commissioner Crites felt that the city had a good park plan for this property and saw no reason for a change. Chairman Wood always understood it to be a greenbelt area and also saw no reason for a change. Chairman Wood reopened the public hearing. Mr. Sullivan requested for a continuance to allow him to study the staff report and � perhaps work something out with staff. Moved by Commissioner Richards, seconded by Commissioner powns, to continue this matter to the meeting of February 7, 1984, for further study. Carried unanimously 5-0. Chairman Wood wanted it clarified that the commission did not have time to study the letter submitted by Lewis Homes. Mr. Sullivan did not have adequate time to study the staff report and prepare his presentation. k � IX. MISCELLANEOUS ITEMS - NONE � � � The commission indicated to staff that if the Date Palm Preserve located at the corner of Deep Canyon and Fred Waring Drive is rezoned, it should be to PR-5. Also, if city wished to retain a Date Palm Preserve one should be started from inception. Based on information and discussion on date palm trees and their longevity, a motion from Commissioner powns, seconded by Commissioner Crites, and carried unanimously affirming staff's recommendation and sending the report to council. X. ORAL COMMUNICATIONS - NONE XI. COMMENTS Commissioner Wood asked staff to explain what the Fringe-Toed Lizard Fund was; Mr. Diaz explained that this was a fund created for developments in the lizard habitat that needed to acquire area in the reserve at the ratio of 1 acre for every 4 acres developed at $3000 per acre. XII. ADJOURNMENT Chairman Wood adjourned the meeting at 9:42 p.m. ������ RAMON A. DIAZ, S etary ATTEST: �' / `�4 `� � � RALH B. OOD, Chairman /lr -6-